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READINGS IN PHILIPPINE HISTORY individuals, was usually the largest stable economic and political unit. The
barangay, which ordinarily numbered no more than a few hundred
CHAPTER IV - SOCIAL, POLITICAL, ECONOMIC AND individuals, was usually the largest stable economic and political unit.
CRITICAL ISSUES IN PHILIPPINE HISTORY
LESSON 4.1: AGRARIAN LAW In this community, everyone has access on the lands and whatever
resources it may have, which must be mutually shared to the villagers. Also
REPUBLIC ACT NO. 6657 also known as “The Comprehensive Agrarian within the barangay, the status system, though not rigid, appears to have
Reform Law of 1998” [as amended by Republic Act Nos. 7881, 7905, 532 and consisted of three broad classes:
9700]
Agrarian Law 1. the datu and his family and the nobility
“Agrarian reform” means redistribution of lands, regardless of crops or 2. the freeholders
fruits produced, to farmers and regular farmworkers who are landless, 3. the “dependents”
irrespective of tenurial arrangement, to include the totality of factors and This third category consisted of three levels - sharecroppers, debt peons,
support services designed to lift the economic status of the beneficiaries and war captives—the last two levels being termed “slaves” by Spanish
and all other arrangements alternative to the physical redistribution of observers. The slave status was inherited but, through manumission and
lands, such as production or profit-sharing, labor administration, and the interclass marriage, seldom extended over more than two generations. The
distribution of shares of stocks, which will allow beneficiaries to receive a fluidity of the social system was in part the consequence of a bilateral
just share of the fruits of the lands they work. However, the term “Agrarian” kinship system in which lineage was reckoned equally through the male and
is derived from the Latin word “ager” which means “a field.” Lexically, the female lines. Marriage was apparently stable, though divorce was socially
word agrarian means “relating to land or to the ownership or division of acceptable under certain circumstances.
land”. On the other hand, reform presupposes something is defective, Early Filipinos followed various local religions, a mixture of
hence, needs reformation and correction. monotheism and polytheism in which the latter dominated. The propitiation
of spirits required numerous rituals, but there was no obvious religious
Therefore, agrarian law governs and regulates the rights and relationship hierarchy. In religion, as in social structure and economic activity, there was
over agricultural lands between landowners, tenants, lessees or agricultural considerable variation between - and even within -islands.
workers. Despite the existence of different classes in the social structure,
practically everyone had access to the fruits of the soil. Money was
Brief History of the Agrarian Reforms in the Philippine unknown, and rice served as the medium of exchange. The concept of
“Stewardship” is also practiced during this period because they believe that
Pre-Spanish Era - “This land is Ours God gave this land to us.” the relationship of human and nature are important.
The Filipinos of the 15th century must have engaged primarily hunting,
(Adopted from www.dar.gov.ph)
fishing and cultivation. Moreover, in land cultivation, the common method
used is the slash and burn method also known as the “kaingin system” Pre-Spanish Era - “This land is Ours God gave this land to us.”
where the land is cleared by burning bushes before planting the crops. Only During the Spanish Era, the relationship between landowners and tenants
in the mountains of northern Luzon, where elaborate rice terraces were was governed by the Civil Code, particularly by the Special Provisions for
built some 2,000 years ago, were livelihood and social organization linked to Rural Leases.
a fixed territory. The lowland peoples lived in extended kinship groups When the Spaniards came to the Philippines, the concept of
known as barangay each under the leadership of a datu or chieftain. The encomienda (Royal Land Grants) was introduced. This system grants that
barangay, which ordinarily numbered no more than a few hundred Encomenderos must defend his encomienda from external attack, maintain
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peace and order within, and support the missionaries. In turn, the Public Land Act of 1903 – introduced the homestead system in the
encomendero acquired the right to collect tribute from the indios (native). Philippines.
The native families were merely landholders and not landowners. Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated
By law, the land assigned to them was the property of the Spanish King relationships between landowners and tenants of rice (50-50
where they pay their colonial tributes to the Spanish authorities in the form sharing) and sugar cane lands.
of agricultural products they produced.
Through the Laws of the Indies, the Spanish crown awarded vast The Torrens system, which the Americans instituted for the registration of
tracts of land to wit: 1) a Friar lands for the religious orders; 2) lands, did not solve the problem completely. Either they were not aware of
Repartiamentos for lands granted to the Spanish military as a reward for the law or if they did, they could not pay the survey cost and other fees
their service; and 3) Encomienda a large tracts of land given to Spaniards required in applying for a Torrens title.
(encomendero) to manage and have the right to receive tributes from the
natives tilling it. Natives within these areas became mere tillers working for Commonwealth Period - “Government for the Filipinos”
a share of crops. They did not even have any rights to the land. President Manuel L. Quezon espoused the "Social Justice" program to arrest
The system, however, degenerated into abuse of power by the the increasing social unrest in Central Luzon.
encomenderos. The tribute soon became land rents to a few powerful Significant legislations enacted during Commonwealth Period include the
landlords. And the natives who once cultivated the lands in freedom were following:
transformed into mere share tenants. 1935 Constitution – "The promotion of social justice to ensure the
The Spanish crown made a law in 1865 ordering landholders to well-being and economic security of all people should be the
register their landholdings. Only those who were aware of these decrees concern of the State" Commonwealth Act No. 178 (An
benefited. Ancestral lands were claimed and registered in other people’s Amendment to Rice Tenancy Act No. 4045), Nov. 13, 1936 –
names (Spanish officials or local chieftains). As a result, many peasant Provided for certain controls in the landlord-tenant relationships
families were driven out from the lands they have been cultivating for National Rice and Corn Corporation (NARIC), 1936 – Established the
centuries or were forced to become tillers. price of rice and corn thereby help the poor tenants as well as
As more tillers were abused, exploited and deprived of their rights, consumers.
the revolution of peasants and farmers in 1896 articulated their aspirations Commonwealth Act. No. 461, 1937 – Specified reasons for the
for agrarian reform and for a just society. Women also fought for freedom dismissal of tenants and only with the approval of the Tenancy
and played an important role in the planning and implementing the Division of the Department of Justice.
activities of the revolutionary movements. Rural Program Administration created March 2, 1939 – Provided the
The revolutionary government confiscated the large landed estates, purchase and lease of haciendas and their sale and lease to the
especially the friar lands and declared these as properties of the tenants.
government. (Malolos Constitution, 1896, Article XVII). Commonwealth Act No. 441 enacted on June 3, 1939 – Created the
National Settlement Administration with a capital stock of
American Regime - “Long live America!” P20,000,000.
Significant legislations enacted during the American Period include the
following: Japanese Occupation - “The Era of Hukbalahap”
Philippine Bill of 1902 – Set the ceilings on the hectarage of private The Second World War II started in Europe in 1939 and in the Pacific in
individuals and corporations may acquire: 16 has. for private 1941.
individuals and 1,024 has. for corporations. Hukbalahap controlled whole areas of Central Luzon; landlords who
Land Registration Act of 1902 (Act No. 496) – Provided for a supported the Japanese lost their lands to peasants while those who
comprehensive registration of land titles under the Torrens system.
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supported the Huks earned fixed rentals in favor of the tenants.
Unfortunately, the end of war also signaled the end of gains acquired by the President Ramon Magsaysay (1953-1957) enacted the
peasants. following laws:
Upon the arrival of the Japanese in the Philippines in 1942, peasants Republic Act No. 1160 of 1954 - Abolished the
and workers organizations grew strength. Many peasants took up arms and LASEDECO and established the National
identified themselves with the anti-Japanese group, the HUKBALAHAP Resettlement and Rehabilitation Administration
(Hukbo ng Bayan Laban sa Hapon). (NARRA) to resettle dissidents and landless
farmers. It was particularly aimed at rebel
Agrarian reform after World War II returnees providing home lots and farmlands in
After the war, the administration focused on rehabilitating and Palawan and Mindanao.
rebuilding the nation. It attempted to solve the previous issues in Republic Act No. 1199 (Agricultural Tenancy Act of 1954) - governed
land ownership. Hacienda lands were distributed, but the attempt the relationship between landowners and tenant farmers by
at agrarian reform still failed since there was little-no- support given organizing share-tenancy and leasehold system. The law provided
to the small farmers. the security of tenure of tenants. It also created the Court of
Agrarian Relations.
Philippine Republic – “The New Republic” After the establishment of the Republic Act No. 1400 (Land Reform Act of 1955) - Created the Land
Philippine Independence in 1946, the problems of land tenure remained. Tenure Administration (LTA) which was responsible for the
These became worst in certain areas. Thus the Congress of the Philippines acquisition and distribution of large tenanted rice and corn lands
revised the tenancy law. over 200 hectares for individuals and 600 hectares for corporations.
Republic Act No. 821 (Creation of Agricultural Credit Cooperative
President Manuel A. Roxas (1946-1948) enacted the Financing Administration) - Provided small farmers and share
following laws: tenants loans with low interest rates of six to eight percent.
Republic Act No. 34 - Established the 70-30
sharing arrangements and regulating President Carlos P. Garcia (1957-1961)
sharetenancy contracts. He continued the programs of President Ramon
Republic Act No. 55 - Provided for a more Magsaysay. There was no new legislation
effective safeguard against arbitrary passed.
ejectment of tenants.
Elpidio R. Quirino (1948-1953) enacted the following
law:
Executive Order No. 355 issued on October 23,
1950 - Replaced the National Land Settlement President Diosdado P. Macapagal (1961-1965) enacted
Administration with Land Settlement the following law:
Development Corporation (LASEDECO) which Republic Act No. 3844 of August 8, 1963
takes over the responsibilities of the (Agricultural Land Reform Code) - Abolished
Agricultural Machinery Equipment Corporation share tenancy, institutionalized leasehold, set
and the Rice and Corn Production retention limit at 75 hectares, invested rights
Administration. of preemption and redemption for tenant
farmers, provided for an administrative
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machinery for implementation, institutionalized a judicial consultations before the actual law was enacted. President Corazon C.
system of agrarian cases, incorporated extension, marketing Aquino enacted the following laws:
and supervised credit system of services of farmer beneficiaries. Executive Order No. 228, July 16, 1987 – Declared full ownership to
The RA was hailed as one that would emancipate Filipino farmers qualified farmer-beneficiaries covered by PD 27. It also determined
from the bondage of tenancy. the value remaining unvalued rice and corn lands subject of PD 27
and provided for the manner of payment by the FBs and mode of
President Ferdinand E. Marcos (1965-1986) compensation to landowners.
Proclamation No. 1081 on September 21, 1972 ushered the Period of the Executive Order No. 229, July 22, 1987 – Provided mechanism for
New Society. Five days after the proclamation of Martial Law, the entire the implementation of the Comprehensive Agrarian Reform
country was proclaimed a land reform area and simultaneously the Agrarian Program (CARP).
Reform Program was decreed. President Marcos enacted the following laws: Proclamation No. 131, July 22, 1987 – Instituted the CARP as a
major program of the government. It provided for a special fund
Republic Act No. 6389, (Code of Agrarian known as the Agrarian Reform Fund (ARF), with an initial amount of
Reform) and RA No. 6390 of 1971 - Created Php50 billion to cover the estimated cost of the program from 1987
the Department of Agrarian Reform and the to 992.
Agrarian Reform Special Account Fund. It Executive Order No. 129-A, July 26, 1987 – streamlined and
strengthen the position of farmers and expanded the power and operations of the DAR.
expanded the scope of agrarian reform. Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian
Presidential Decree No. 2, September 26, Reform Law) – An act which became effective June 15, 1988 and
1972 - Declared the country under land instituted a comprehensive agrarian reform program to promote
reform program. It enjoined all agencies and offices of the social justice and industrialization providing the mechanism for its
government to extend full cooperation and assistance to the implementation and for other purposes. This law is still the one
DAR. It also activated the Agrarian Reform Coordinating Council. being implemented at present.
Presidential Decree No. 27, October 21, 1972 - Restricted land Executive Order No. 405, June 14, 1990 – Vested in the Land Bank of
reform scope to tenanted rice and corn lands and set the the Philippines the responsibility to determine land valuation and
retention limit at 7 hectares. compensation for all lands covered by CARP.
Executive Order No. 407, June 14, 1990 – Accelerated the
acquisition and distribution of agricultural lands, pasture lands,
President Corazon C. Aquino (1986-1992) fishponds, agro-forestry lands and other lands of the public domain
The Constitution ratified by the Filipino people during the suitable for agriculture.
administration of President Corazon C. Aquino provides President Fidel V. Ramos (1992-1998)
under Section 21 under Article II that “The State shall When President Fidel V. Ramos formally took over
promote comprehensive rural development and agrarian in 1992, his administration came face-to-face with
reform.” the public who have lost confidence in the agrarian
On June 10, 1988, former President Corazon C. reform program. His administration committed to
Aquino signed into law Republic Act No. 6657 or otherwise the vision, “Fairer, faster and more meaningful
known as the Comprehensive Agrarian Reform Law implementation of the Agrarian Reform Program.”
(CARL). The law became effective on June 15, 1988. Subsequently, four President Fidel V. Ramos enacted the following
Presidential issuances were released in July 1987 after 48 nationwide laws:
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Republic Act No. 7881, 1995 – Amended certain provisions of RA promoting social equity and new economic opportunities towards lasting
6657 and exempted fishponds and prawns from the coverage of peace and sustainable rural development.”
CARP. Land Tenure Improvement - DAR will remain vigorous in
Republic Act No. 7905, 1995 – Strengthened the implementation of implementing land acquisition and distribution component of CARP.
the CARP. The DAR will improve land tenure system through land distribution
Executive Order No. 363, 1997 – Limits the type of lands that may and leasehold.
be converted by setting conditions under which limits the type of Provision of Support Services - CARP not only involves the
lands that may be converted by setting conditions under which distribution of lands but also included package of support services
specific categories of agricultural land are either non-negotiable for which includes: credit assistance, extension services, irrigation
conversion or highly restricted for conversion. facilities, roads and bridges, marketing facilities and training and
Republic Act No. 8435, 1997 (Agriculture and Fisheries technical support programs.
Modernization Act AFMA) – Plugged the legal loopholes in land use Infrastructure Projects - DAR will transform the agrarian reform
conversion. communities (ARCs), an area focused and integrated delivery of
Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an support services, into rural economic zones that will help in the
additional Php50 billion for CARP and extended its implementation creation of job opportunities in the countryside.
for another 10 years. KALAHI ARZone - The KALAHI Agrarian Reform (KAR) Zones were
also launched. These zones consists of one or more municipalities
President Joseph E. Estrada (1998-2000) with concentration of ARC population to achieve greater agro-
“ERAP PARA SA MAHIRAP’ -- This was the battle cry productivity.
that endeared President Joseph Estrada and made him Agrarian Justice - To help clear the backlog of agrarian cases, DAR
very popular during the 1998 presidential election. will hire more paralegal officers to support undermanned
President Joseph E. Estrada initiated the enactment of adjudicatory boards and introduce quota system to compel
the following law: adjudicators to work faster on agrarian reform cases. DAR will
Executive Order N0. 151, September 1999 respect the rights of both farmers and landowners.
(Farmer’s Trust Fund) – Allowed the voluntary
consolidation of small farm operation into President Benigno Aquino III (2010-2016)
medium and large-scale integrated enterprise President Benigno Aquino III vowed during his 2012
that can access long-term capital. State of the Nation Address that he would complete
During his administration, President Estrada launched the Magkabalikat before the end of his term the Comprehensive
Para sa Kaunlarang Agraryo or MAGKASAKA. The DAR forged into joint Agrarian Reform Program (CARP), the centerpiece
ventures with private investors into agrarian sector to make FBs program of the administration of his mother, President
competitive. However, the Estrada Administration was short lived. The Corazon Aquino.
masses who put him into office demanded for his ouster. The younger Aquino distributed their
familyowned Hacienda Luisita in Tarlac. Apart from the said farm lots, he
President Gloria Macapacal-Arroyo (2000-2010) also promised to complete the distribution of privately-owned lands of
The agrarian reform program under the Arroyo productive agricultural estates in the country that have escaped the
administration is anchored on the vision “To coverage of the program.
make the countryside economically viable for the Under his administration, the Agrarian Reform Community
Filipino family by building partnership and Connectivity and Economic Support Services (ARCCESS) project was created
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to contribute to the overall goal of rural poverty reduction especially in
agrarian reform areas. 1. What is the difference between land reform and agrarian reform?
Agrarian Production Credit Program (APCP) provided credit support Site an example.
for crop production to newly organized and existing agrarian reform 2. How does agrarian reform policies after world war II affect the
beneficiaries’ organizations (ARBOs) and farmers’ organizations not economy of the Philippines?
qualified to avail themselves of loans under the regular credit windows of 3. As a student how agrarian reform affects your life? Cite an example.
banks.
The Legal Case Monitoring System (LCMS), a web-based legal Activity 2
system regional and central offices of the DAR to ensure faster resolution
and close monitoring of agrarian-related cases, was also launched. TIME TABLE
Aside from these initiatives, Aquino also enacted Executive Order Complete the table below base on the given module.
No. 26, Series of 2011, to mandate the Department of Agriculture, ERA AGRARIAN REFORM
Department of Environment and Natural Resources and Department of LAW/POLICIES
Agrarian Reform Convergence Initiative to develop a National Greening Pre-Spanish This land is Ours God gave
Program in cooperation with other government agencies. this land to us.
American Regime Long live America!
President Rodrigo Roa Duterte (2016 to 2022) Commonwealth Government for the
Under his leadership, the President wants to pursue an “aggressive” land Filipinos
reform program that would help alleviate the life of poor Filipino farmers by Japanese Era The Era of Hukbalahap
prioritizing the provision of support services alongside land distribution. The New Republic
Pres. Manuel A. Roxas
The President directed the DAR to launch the 2nd phase of agrarian reform Pres. Elpidio R. Quirino
where landless farmers would be awarded with undistributed lands under Pres. Ramon Magsaysay
the Pres. Carlos P. Garcia
Comprehensive Agrarian Reform Program (CARP). Pres. Ferdinand E. Marcos
Duterte plans to place almost all public lands, including military The Philippine Pres. Corazon C. Aquino
reserves, under agrarian reform. The President also placed 400 hectares of Republic Pres. Fidel V. Ramos
agricultural lands in Boracay under CARP. Pres. Joseph E. Estrada
Under his administration the DAR created an anti-corruption task force to Pres. Gloria Macapagal-
investigate and handle reports on alleged anomalous activities by officials Arroyo
and employees of the department. Pres. Benigno Aquino III
The Department also pursues an “Oplan Zero Backlog” in the Pres. Rodrigo Roa Duterte
resolution of cases in relation to agrarian justice delivery of the agrarian
reform program to fast-track the implementation of CARP.
ACTIVITY 1
Read and comprehend each question and answer creatively.
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