Agrarian Reform

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 What is Agrarian Reform?
Agrarian reform is a relatively new term that
encompasses all the meanings of land reform
but also includes other aspects redirecting
agricultural system of an economy to a better
situation.
 Land reform is a term that
applies to the relations of the 
• Means of production
farmers to the land they work
upon. Land reform seeks to
 • Source of status
bring about changes in which
land is owned or held by the symbol
people, changes in cultivation
methods and also changes in  • Social and political
the relationship of agriculture influence
with the rest of the economy
of a country. Land has
 • Source of wealth
traditionally served many
different purposes; namely, and value

What is Land Reform?

  Agrarian reform is making better
use of farm lands, whether it be
adding animals or taking them off.
Land reform deals in who is
allotted to control the land,
generally this type of reform takes
away from good users to many
users.

Difference between Agrarian Reform

and Land Reform
What is the difference between Land
Reform and Agrarian Reform?
• Land reform is a term that was used earlier to
bring about changes in the ownership of land, in
rural areas.

• Land reform was initiated by governments to

achieve their social and political objectives and
also to bring about changes in the lives of the
poor landless peasants.
• Over the years, it has dawned upon the experts
and governments that land reform alone is not
sufficient for optimal development. This has led
to the introduction of agrarian reform that is a
broader term than land reform.

Agrarian reform includes land reform and also

addresses education and training of farmers for
better produce and marketing, rural credit, easier
access to markets, and so on.
• type of land ownership- barangay;
commonly owned by the community
(communal)
• believed in the practice of stewardship-
relationship between man and nature is
important
• system of land cultivation-kaingin system or
the slash and burn method wherein land was
cleared by burning the bushes before planting
the crops or either land was plowed and
harrowed before planting.

• economic system
a. food production- for family
consumption
b. barter trade- agricultural products with
luxury items
c. leasing and selling of lands-Maragtas
Code (only recorded transaction of land
sale)
Note: Code of Luwaran was one of the oldest
written laws of the Muslim society which
contains provision on the lease of cultivated
lands, there was no record how this lease
arrangement was practiced.
 SPANISH ERA (1521-1896)

• system of land cultivation- pueblo agriculture

(system wherein native rural communities
were organized into pueblo and each
Christianized native family is given a four to
five hectares of land to cultivate.); no share
cropper class or landless class.

• native families were merely landholders

and not landowners.
• land assigned to the natives was the property
of the Spanish King where they pay
• natives pay tributes to the king (agricultural
products)
• agricultural tenancy originate from the Laws
of the Indies
• lands were awarded by the Spanish Crown
like friar lands to religious orders;
Repartiamentos for lands granted to the
Spanish military as a reward for their service
Encomienda - large tracts of land given to
Spaniards (encomiendero) to manage and have
the right to receive tributes from the natives
tilling it.
• natives within these areas became mere tillers
working for a share of crops. They did not
even have any rights to the land.
• hacienda system
-economy was opened to the world market in
19th century as exporter of raw materials and
importer of finished goods. The agricultural
exports were mandated and hacienda system
was developed as a new form of ownership.
More people lost their lands and were forced
to become tillers.
• problems encountered in the encomienda
system:
-abusive encomienderos collected more tributes
that became the land rentals from the natives
living in the area
-compras y vandalas system was practiced
wherein tillers were made to compulsory sell
at a very low price or surrender their
agricultural harvests to Spanish authorities
where encomienderos can resell it for a profit.
People of the encomiendas were also required
to render personal services on public and
religious work and as a household help to the
encomienderos.
- ownership of land limited to only few
families
Spanish crown made a law in 1865 ordering
landholders to register their landholdings.
Only those who were aware of these decrees
benefited. Ancestral lands were claimed and
registered in other people’s names (Spanish
officials, inquilinos and caciques or local
chieftains). As a result, many peasant families
were driven out from the lands they have
been cultivating for centuries or were
forced to become tillers.
Laws required the registration of
properties/agricultural lands:
1. Ley Hipotecaria or the Mortgage Law of 1893
provided the systematic registration of titles
and deeds as well as ownership claims. This
law was mainly a law on registration of
properties rather than a mortgage law.
2. Maura Law or Royal Decree of 1894 was the
last Spanish Land Law promulgated in the
Philippines. Farmers and landholders were
given one year to register their agricultural
lands to avoid declaration of it as a state
property.
 Some of the revolutionary highlights that
occurred during the Spanish Period

1. 1896- Exploitation of farmers and peasants

2. Women fought for freedom and for their role
in
planning and implementing the activities of
the revolutionary movements.

Note: The revolt addressed the problem of land

ownership when the revolutionary government
confiscated the large landed estates, especially
the friar lands and declared these as properties of
the government. (Malolos Constitution, 1896,
Article XVII)
 AMERICAN ERA (1898-1935)

Focus: Why the Americans focused on land

reform?

Cause of the unrest is being landless, they want

to put an end to the miserable conditions of the
tenant tillers and small farmers by passing
several land policies to widen the base of small
landholdings and distribute land ownership
among the greater number of Filipino tenants
and farmer.
• Philippine Bill of 1902-provided regulations
on the disposal of public lands wherein a
private individual can own 16 hectares of
land while the corporate land holdings can
avail of 1, 024 hectares. This also gave the
rights to the Americans to own agricultural
lands.

• Torrens system of land registration- to

remedy the problem of lands without titles;
400,000 farmers have no titles to their lands.
 Implementation of the Torrens System

 Land Registration Act of 1902 or Act. No.

496 placed all private and public lands
under Torrens system.

 The Cadastral Act or Act. No. 2259 speeds

up the issuance of Torrens titles. This was
done by surveying a municipality and
presented the result to the land registration
court.
• Homestead Program of 1903- allowed an
enterprising tenant to acquire a farm of at least
16 hectares to cultivate. However, the program
was not implemented nationwide and was
introduced only in some parts of Mindanao
and Northern Luzon, where there were
available public alienable and disposable lands.

• Other agrarian laws introduced by the

Americans:
First Public Land Act or Act No. 926 provided rules and regulations for selling
and leasing portions of the public domain, completing defective Spanish land
titles, and canceling and confirming Spanish concessions.

Second Public Land Act of 1919 or Act 2874 limits the use of agricultural
lands of Filipinos, Americans and citizens of other countries.

Act. No. 141 amended the Second Public Act of 1919 or Act No. 2874. A
temporary provision of equality on the rights of American and Filipino
citizens and corporations. It also compiled all pre-existing laws relative to
public lands into a single instrument.

Friar Land Act or Act. No. 1120 provided the administrative and temporary
leasing and selling of friar lands to its tillers.

Rice Share Tenancy Act of 1933 or Act. No. 4054, first legislation regulating
the relationships of landlord and tenants and the first law to legalize a 50-50
crop sharing arrangement.

Sugarcane Tenancy Contracts Act of 1933 or Act No. 4113 regulated the
relationship of landlord and tenants in the sugarcane fields and required
tenancy contracts on land planted to sugarcane.
Note: The land policies did not improve the situation of the
farmers because there was no limit as to the landholding
one could possess. Lands were concentrated in the hands of
a few who can afford to buy, acquire and acquire land
titles.

Peasant Reaction:
1. armed peasants’uprisings like the groups known as
Colorum and Sakdalista of Luzon and Northeastern
Mindanao respectively. These uprisings resulted to social
disorder in 1920’sand 1930’s and which later paved the way
to the birth of the Communist Party.
 Commonwealth Years (1935-1942)
• Tenancy and Land Ownership situation
-Landlords became richer and powerful
while the tenants were deprived of their rights
and became poorer.
- Absentee landowners increased. They
preferred to go after new opportunities in the
cities and left their farms idle or to the
managementof “katiwalas”. As a result,
haciendas were poorly and unjustly managed.
 -A small plot of land cultivated by an
average peasant farmer could not sustain a
decent living for the family.
-Tenants and farmers shouldered excessive
fines, unfair taxation and usury.
-Systems for credit and marketing of rice
were lacking thus, farmers received a very low
selling price.
-Peasant uprising became widespread all
over the country.
 Government Response to Challenges:
• Purchase of friars lands
Homestead Program
 Some of the significant events
related to agrarian reform during
the Japanese era:
Peasants and workers organized the
HUKBALAHAP (Hukbong Bayan
Laban sa mga Hapon) on March 29,
1942 as an anti-Japanese group.
They took over vast tracts of land
and gave the land and harvest to the
people.

Japanese Period
  For them, the war was a golden opportunity for
people’s initiative to push pro-poor programs.
Landlords were overpowered by the peasants
but unfortunately at the end of the war,
through the help of the military police and
civilian guards landlords were able to retrieve
their lands from the HUKBALAHAP.

Japanese Period
 Government Initiatives on Agrarian
Reform
1. Manuel L. Quezon (1935-1944)
a. RA 4054 or the Rice Tenancy Law was
the first law on crop sharing which
legalized the 50-50 share between landlord
and tenant with corresponding support to
tenants protecting them against abuses of
landlords.
b. Establishment of National Rice and Corn
Corporation (NARICC) court battles for their
rights to till the land. During this period, the
Court of Industrial Relations (CIR), was set up
to exercise jurisdiction over disagreements
arising from agri-workers and landowner
relationship. It was also during this time that
the Rice Tenancy Act (Act No. 4054) was amend
 Government Initiatives on Agrarian
Reform
c. assigning public defenders to assist
peasants in Court battles for their rights to
till the land.
d. Court of Industrial Relations (CIR),
was set up to exercise jurisdiction over
disagreements arising from agri-workers
and landowner relationship.
e. Rice Tenancy Act (Act No. 4054)
amended
 Government Initiatives on Agrarian
Reform

f. The Homestead Program continued

through the creation of the National Land
Settlement Administration (CA No. 441)
and tenancy problems were covered
through CA Nos. 461 and 608.
What hindered the implementation of land
reform under his administration?

1. Budget allocation
-most landlords did not comply with the Rice
Share Tenancy Act.
-widespread peasant uprising against abusive
landlords continued.
-the outbreak of the World War II put a
stopped to the landownership and tenancy
interventions during this period.
 Elpidio Quirino (1948-1953)
• Executive Order No. 355, the Land Settlement
Development Corporation (LASEDECO) was
established to accelerate and expand the
peasant resettlement program of the
government.
 Ramon Magsaysay (1953-1957)
1. R.A. No. 1199 (1954): Agricultural Tenancy Act basically
governed the relationship between landholders and
tenant-farmers. This law helped protect the tenurial rights
of tenant tillers and enforced fair tenancy practices.
2. R.A. No. 1160 (1954): Free distribution of Resettlement
and Rehabilitation and Agricultural land and an Act
establishing the National Resettlement and Rehabilitation
Administration (NARRA).
3. R.A. No. 1400 (1955) : Land Reform Act or known as
“Land to the Landless”Program which sought
improvement in land tenure and guaranteed the
expropriation of all tenanted landed estates.
4. R.A. No. 1266 (1955) Expropriation of Hacienda del
Rosario, situated at Valdefuente, Cabanatuan City
Implement the Agricultural Tenancy Act:

1. established the Court of Agricultural Relations. In

1955 to improve tenancy security, fix the land
rentals on tenanted farms and to resolve the many
land disputes filed by the landowners and peasant
organizations.

2. created the Agricultural Tenancy Commission to

administer problems arising from tenancy. Through
this Commission 28,000 hectares were issued to
settlers.
Magsaysay’s administration’s key support programs on
AR:
1. Creation of Agricultural Credit and Cooperative
Financing Administration (ACCFA) to provide warehouse
facilities and assist farmers market their products and
established the organization of the Farmers Cooperatives
and Marketing Associations (FACOMAs).
2. Passing of RA 1160 OF 1954, President Magsaysay
pursued the resettlement program through the National
Resettlement and Rehabilitation Administration (NARRA).
This law established the government’s resettlement
program and accelerated the free distribution of
agricultural lands to landless tenants and farmers. It
particularly aimed to convince members of the
HUKBALAHAP movement to return to a peaceful life by
giving them home lots and farmlands.
2. Carlos P. Garcia (1957-1961)

Note:

There was no legislation passed in his term but

he continued to implement the land reform
programs of President Magsaysay.
3. Diosdasdo Macapagal (1961-1965)-
“Father of Agrarian Reform”

• Agricultural Land Reform Code or RA No.

3844
was enacted on August 8, 1963 considered to be
the most comprehensive piece of agrarian reform
legislation ever enacted in the country that time.
RA 3844

This Act abolished share tenancy in the

Philippines. It prescribed a program converting
the tenant farmers to lessees and eventually into
owner-cultivators;
-It aimed to free tenants from the bondage of
tenancy and gave hope to poor Filipino farmers
to own the land they are tilling.
- It emphasized owner-cultivatorship and
farmer independence, equity, productivity
improvement and the public distribution of land.

Note: No bill was passed to provide funding for

the implementation.
4. Ferdinand E. Marcos (1965-1986)

 Presidential Decree No. 27- heart of Marcos

ARP; It provided for tenanted lands
devoted to rice and corn to pass ownership
to the tenants, and lowered the ceilings for
landholdings to 7 hectares. The law
stipulated that share tenants who worked
from a landholding of over 7 hectares could
purchase the land they tilled, while share
tenants on land less than 7 hectares would
become leaseholders.
 designed to uplift the farmers from
poverty and ignorance and to make them
useful, dignified, responsible and
progressive partners in nation-building.
This AR program was a package of services
extended to farmers in the form of credit
support, infrastructure, farm extension,
legal assistance, electrification and
development of rural institutions.
What were the five major components of
President Marcos’ Agrarian
Reform Program?

a. Land Tenure Program

b. Institutional Development
c. Physical Development
d. Agricultural Development ; and
e. Human Resources
5. Corazon C. Aquino (1986-1992)
1. EO 129-A, reorganized the Department of Agrarian
Reform and expanded in power and operations. (The
Record and Legacy of the Aquino Administration in
AR:Executive Summary, Planning Service, DAR)

2. EO 228 declared full ownership of the land to qualified

farmer-beneficiaries covered by PD 27. It also regulated
(fixed) the value of remaining rice and corn lands for
coverage provided for the manner of payment by the
farmer beneficiaries and the mode of compensation (form of
payment) to the landowners.
3. EO 229 provided the administrative processes for
land registration or LISTASAKA program, acquisition
of private land and compensation procedures for
landowners. It specified the structure and functions of
units that will coordinate and supervise the
implementation of the program.

4. RA 6657 or Comprehensive Agrarian Reform Law,

an act instituting a comprehensive agrarian reform
program to promote social justice and
Industrialization, providing the mechanism for its
implementation and for other purposes.
Challenges faced by the administration in the
implementation of CARP

1. Land valuation- the Garchitorena land scam.

There were also issues on the absence of a clear
cut guideline that would answer problems on
land use conversion. Minimal efforts were exerted
to discouraged and/or prevent conversion of
lands into other use.
2. Despite the Agrarian Reform Fund (ARF), this
administration experienced major budgetary
shortfall due to low remittances from the Asset
Privatization Trust and the Presidential
Commission on Good Government.
3. Lack of continuity of priority, programs
and projects due to changes in DAR
leadership.

4. Allegation on lack of political wills

leadership and genuine commitment to
implement the program. Critics say that the
President could have implemented a genuine
agrarian reform program because of her
revolutionary powers after People Power I.
6. Fidel V. Ramos (1992-1998)
Guidelines and procedures were formulated to
facilitate acquisition and distribution of lands to
wit:

DAR AO No. 2 (1992), rules and procedures

governing the distribution of cancelled or expired
pasture lease agreements and Timber License
Agreements under EO 407
DAR AO No. 1 (1993), amending certain
provisions of Administrative Order No. 9 Series
of 1990, entitled “Revised Rules and
Regulations Governing the Acquisition of
Agricultural Lands Subject of Voluntary Offer
to Sell and Compulsory Acquisition Pursuant to
RA 6657.”

Joint DAR-LBP AO No. 3 (1994), policy

guidelines and procedures governing the
acquisition and distribution of agricultural
lands affected by Mt. Pinatubo eruption.
DAR AO No. 1 (1995), rules and procedures Governing the Acquisition
and Distribution of all Agricultural Lands Subject of
Sequestration/Acquisition by the PCGG and APT whose ownership in
Under Court Litigation.

DAR AO No. 2 (1995), revised rules and procedures Governing the

Acquisition of Private Agricultural Lands Subject of Voluntary Land
Transfer or a Direct Payment Scheme (VLT/DPS) Pursuant to RA 6657.

DAR AO No. 2 (1996), rules and regulations Governing the Acquisition

of Agricultural Lands subject of Voluntary Offer to Sell and
Compulsory Acquisition Pursuant to RA 6657.

DAR AO No. 2 (1997), rules and regulations for the Acquisition of

Private Agricultural Lands Subject of Mortgage or Foreclosure of
Mortgage.

DAR AO No. 8 (1997), revised guidelines on the Acquisition and

Distribution of Compensable Agricultural Lands under VLT/Direct
Payment Scheme.
 7. Joseph Ejercito Estrada (1998-2001)

 Magkabalikat Para sa kaunlarang Agraryo

(MAGKASAKA)

The concept was for investors to bring in capital,

technology and management support while the farmers
will contribute, at most, the use of their land itself.
Objectives:
1. Encourage investors to bring investments into the
countryside.
2. Enhance the income of the farmers through joint
venture schemes and contract growing schemes. The
program shall enable farmers to be more efficient and
globally competitive.
 8. President Gloria Macapagal – Arroyo
(2001 – 2010)

• adopted the BAYAN-ANIHAN concept as the

implementing framework for CARP. Bayan
means people, Anihan means harvest and
Bayanihan means working together. Applied
to CARP, Bayan_Anihan means a united
people working together for the successful
implementation of agrarian reform.
 Implementing Strategies for Bayanihan

Salin-Lupa: Accelerating land transfer and improving

land tenure.

Katarungan : Prompt and fair settlement of agrarian

disputes and delivery of agrarian reform justice.

Bayanihan : Better delivery by the government of

appropriate support services to ARBs and the
mobilization of the ARBs themselves in the
transformation of the agrarian reform communities into
an agrarian reform zones and into progressive farming.
Kabayanihan or the Konsehong Bayan Para sa Anihan :
Institutionalization not only of the system of dialogue and
consultation but also joint problem solving with AR
stakeholders, particularly people’s organizations,
cooperatives and NGOs.

Kamalayan : Raising the awareness of DAR personnel,

agrarian reform beneficiaries and the general public on
agrarian reform and it’s contribution to social justice and
development.
What was the program strategy of the DAR in CARP Implementation
during
the Arroyo administration?

The Kapit_Bisig sa Kahirapan Agrarian Reform Zones (KARZONEs) is

a partnership and convergence strategy aimed at achieving asset
reform , poverty reduction, food sufficiency, farm productivity, good
governance, socialequity and empowerment of agrarian reform
beneficiaries (ARBs) both in ARCs and non-ARCs.

à Kabayanihan or the Konsehong Bayan Para sa Anihan:

Institutionalization
not only of the system of dialogue and consultation but also joint
problem solving with AR stakeholders, particularly people’s
organizations, cooperatives and NGOs.

à Kamalayan : Raising the awareness of DAR personnel, agrarian

reform beneficiaries and the general public on agrarian reform and its
contribution.
 9. Benigno C. Aquino (2010–up to present)
What is the implementing framework of CARP under
President B. Aquino’s
Administration?

DAR which is the lead agency for CARP implementation is

bent on sustaining the gains of agrarian reform through its
three major components– Land Tenure Improvement (LTI),
Program Beneficiaries Development (PBD) and Agrarian
Justice Delivery (AJD). Together with the efforts to fight graft
and corruption by the President, it is imperative to have
institutional reforms within DAR as a complement to the
abovementioned DAR components as well as give credence,
transparency and accountability at all sectors of the DAR
bureaucracy.