Agrarian Reform and Land Reform

• Land reform- it is the process of redistributing land from the landlords

to tenant-farmers in order that they will be given a chance to own a
piece of land to improve their lives.
• Agrarian reform can refer either, narrowly, to government-initiated or
government-backed redistribution of agricultural land or broadly, to
an overall redirection of the agrarian system of the country, which
often includes land reform measures.
• It is defined as the rectification of the whole system of agriculture.
• It should make the kind of lives of farmers better.
Pre-Spanish Period
• Before the Spaniards came to the Philippines, Filipinos lived
in villages or barangays ruled by chiefs or datus. The datus
comprised the nobility. Then the maharlikas (freemen),
followed by the aliping mamamahay (serfs) and aliping
saguiguilid (slaves).
• However, despite the existence of different classes in the
social structure, practically everyone had access to the fruits
of the soil. Money was unknown, and rice served as the
medium of exchange
Land Reforms in the Philippines
• Land reform in the Philippines has long been a contentious issue
rooted in the Philippine Spanish Colonial Period.
• Some efforts began during the American Colonial Period with
renewed efforts during the Commonwealth, following independence,
during Martial Law and especially following the People Power
Revolution in 1986.
• The current law, the Comprehensive Agrarian Reform Program, was
passed following the revolution and recently extended until 2014.
Spanish Period
• When the Spaniards came to the Philippines, the concept of
encomienda (Royal Land Grants) was introduced.
• Maura Decree- 1 year for title
• Unrecognized local customs
• This system grants that Encomienderos must defend his encomienda
from external attack, maintain peace and order within, and support
the missionaries.
• In turn, the encomiendero acquired the right to collect tribute from
the indios (native).
• Inquilinos (friars’ tax)
Abuse of the Encomienda System
• The system, however, degenerated into abuse of
power by the encomienderos
• The tribute soon became land rents to a few
powerful landlords.
• And the natives who once cultivated the lands in
freedom were transformed into mere share tenants.
First Philippine Republic
• When the First Philippine Republic was established
in 1899, Gen. Emilio Aguinaldo declared in the
Malolos Constitution his intention to confiscate large
estates, especially the so-called Friar lands.
• However, as the Republic was short-lived,
Aguinaldo’s plan was never implemented.
American Period
• Significant legislation enacted during the American Period:
• Philippine Bill of 1902 – Set the ceilings on the hectarage of private individuals and
corporations may acquire: 16 has. for private individuals and 1,024 has. for corporations.
• Land Registration Act of 1902 (Act No. 496) – Provided for a comprehensive registration of
land titles under the Torrens system.
• Public Land Act of 1903 – introduced the homestead system in the Philippines. Limited to
16 hectares
• Cadastral Act- survey of land (They don’t know the law or they don’t have money to pay)
• Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated relationships between
landowners and tenants of rice (50-50 sharing) and sugar cane lands.
• The Torrens system, which the Americans instituted for the registration of lands, did not
solve the problem completely. Either they were not aware of the law or if they did, they
could not pay the survey cost and other fees required in applying for a Torrens title.
Commonwealth Period
• President Manuel L. Quezon espoused the "Social Justice" program to
arrest the increasing social unrest in Central Luzon.
• Significant legislation enacted during Commonwealth Period:
• 1935 Constitution – "The promotion of social justice to ensure the
well-being and economic security of all people should be the concern
of the State"
• Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No.
4045), Nov. 13, 1936 – Provided for certain controls in the landlord-
tenant relationships
Some Programs
• National Rice and Corn Corporation (NARIC), 1936 – Established the price
of rice and corn thereby help the poor tenants as well as consumers.
• Commonwealth Act. No. 461, 1937 – Specified reasons for the dismissal of
tenants and only with the approval of the Tenancy Division of the
Department of Justice.
• Rural Program Administration, created March 2, 1939 – Provided the
purchase and lease of haciendas and their sale and lease to the tenants.
Commonwealth Act No. 441 enacted on June 3, 1939 – Created the
National Settlement Administration with a capital stock of P20,000,000.
Japanese Occupation
• “The Era of Hukbalahap”
• The Second World War II started in Europe in 1939 and in the Pacific in 1941.
• Hukbalahap controlled whole areas of Central Luzon; landlords who
supported the Japanese lost their lands to peasants while those who
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
peasants.
• Upon the arrival of the Japanese in the Philippines in 1942, peasants and
workers organizations grew strength. Many peasants took up arms and
identified themselves with the anti-Japanese group, the HUKBALAHAP
(Hukbo ng Bayan Laban sa Hapon).
Philippine Republic
• “The New Republic”
• After the establishment of the Philippine Independence in 1946, the
problems of land tenure remained. These became worst in certain
areas. Thus the Congress of the Philippines revised the tenancy law.
• President Manuel A. Roxas (1946-1948) enacted the following laws:
• Republic Act No. 34 -- Established the 70-30 sharing arrangements
and regulating share-tenancy contracts.
• Republic Act No. 55 -- Provided for a more effective safeguard against
arbitrary ejectment of tenants.
President Quirino’s Program
• Elpidio R. Quirino (1948-1953) enacted the following law:
• Executive Order No. 355 issued on October 23, 1950 -- Replaced the
National Land Settlement Administration with Land Settlement
Development Corporation (LASEDECO) which takes over the
responsibilities of the Agricultural Machinery Equipment Corporation
and the Rice and Corn Production Administration.
President Magsaysay Program
• Ramon Magsaysay (1953-1957) enacted the following laws:
• Republic Act No. 1160 of 1954 -- Abolished the LASEDECO and established the National
Resettlement and Rehabilitation Administration (NARRA) to resettle dissidents and landless
farmers. It was particularly aimed at rebel returnees providing home lots and farmlands in
Palawan and Mindanao.
• Republic Act No. 1199 (Agricultural Tenancy Act of 1954) -- governed the relationship
between landowners and tenant farmers by organizing share-tenancy and leasehold system.
The law provided the security of tenure of tenants. It also created the Court of Agrarian
Relations.
• Republic Act No. 1400 (Land Reform Act of 1955) -- Created the Land Tenure Administration
(LTA) which was responsible for the acquisition and distribution of large tenanted rice and
corn lands over 200 hectares for individuals and 600 hectares for corporations.
• Republic Act No. 821 (Creation of Agricultural Credit Cooperative Financing Administration) --
Provided small farmers and share tenants loans with low interest rates of six to eight percent.
The Garcia and Macapagal Administration
• President Carlos P. Garcia (1957-1961)
• Continued the program of President Ramon Magsaysay. No new legislation
passed.
• President Diosdado P. Macapagal (1961-1965) enacted the following law:
• Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) --
Abolished share tenancy, institutionalized leasehold, set retention limit at 75
hectares, invested rights of preemption and redemption for tenant farmers,
provided for an administrative machinery for implementation, institutionalized a
judicial system of agrarian cases, incorporated extension, marketing and
supervised credit system of services of farmer beneficiaries.
• The RA was hailed as one that would emancipate Filipino farmers from the
bondage of tenancy.
President Marcos Administration
• President Ferdinand E. Marcos (1965-1986)
• Proclamation No. 1081 on September 21, 1972 ushered the Period of the New Society. Five
days after the proclamation of Martial Law, the entire country was proclaimed a land reform
area and simultaneously the Agrarian Reform Program was decreed.
• President Marcos enacted the following laws:
• Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 -- Created the
Department of Agrarian Reform and the Agrarian Reform Special Account Fund. It
strengthen the position of farmers and expanded the scope of agrarian reform.
• Presidential Decree No. 2, September 26, 1972 -- Declared the country under land reform
program. It enjoined all agencies and offices of the government to extend full cooperation
and assistance to the DAR. It also activated the Agrarian Reform Coordinating Council.
• Presidential Decree No. 27, October 21, 1972 -- Restricted land reform scope to tenanted
rice and corn lands and set the retention limit at 7 hectares.
Pres Corazon Aquino Administration
• President Corazon C. Aquino (1986-1992)
• The Constitution ratified by the Filipino people during the administration
of President Corazon C. Aquino provides under Section 21 under Article
II that “The State shall promote comprehensive rural development and
agrarian reform.”
• On June 10, 1988, former President Corazon C. Aquino signed into law
Republic Act No. 6657 or otherwise known as the Comprehensive
Agrarian Reform Law (CARL). The law became effective on June 15, 1988.
• Subsequently, four Presidential issuances were released in July 1987
after 48 nationwide consultations before the actual law was enacted.
Laws for the Agrarian Reform
• President Corazon C. Aquino enacted the following laws:
• Executive Order No. 228, July 16, 1987 – Declared full ownership to qualified
farmer-beneficiaries covered by PD 27. It also determined 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 compensation to landowners.
• Executive Order No. 229, July 22, 1987 – Provided mechanism for the
implementation of the Comprehensive Agrarian Reform Program (CARP).
• Proclamation No. 131, July 22, 1987 – Instituted the CARP as a major
program of the government. It provided for a special fund known as the
Agrarian Reform Fund (ARF), with an initial amount of Php50 billion to cover
the estimated cost of the program from 1987-1992.
• Executive Order No. 129-A, July 26, 1987 – streamlined and expanded
the power and operations of the DAR.
• Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform
Law) – An act which became effective June 15, 1988 and instituted a
comprehensive agrarian reform program to promote social justice and
industrialization providing the mechanism for its implementation and for
other purposes. This law is still the one being implemented at present.
• Executive Order No. 405, June 14, 1990 – Vested in the Land Bank of the
Philippines the responsibility to determine land valuation and
compensation for all lands covered by CARP.
• Executive Order No. 407, June 14, 1990 – Accelerated the acquisition
and distribution of agricultural lands, pasture lands, fishponds, agro-
forestry lands and other lands of the public domain suitable for
agriculture.
President Ramos Administration
• President Fidel V. Ramos (1992-1998)
• When President Fidel V. Ramos formally took over in 1992, his
administration came face to face with publics who have lost
confidence in the agrarian reform program. His administration
committed to the vision “Fairer, faster and more meaningful
implementation of the Agrarian Reform Program.
• President Fidel V. Ramos enacted the following laws:
• Republic Act No. 7881, 1995 – Amended certain provisions of RA 6657
and exempted fishponds and prawns from the coverage of CARP.
• Republic Act No. 7905, 1995 – Strengthened the implementation of
the CARP.
• Executive Order No. 363, 1997 – Limits the type of lands that may be
converted by setting conditions under which limits the type of lands
that may be converted by setting conditions under which specific
categories of agricultural land are either absolutely non-negotiable for
conversion or highly restricted for conversion.
• Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization
Act AFMA) – Plugged the legal loopholes in land use conversion.
• Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an
additional Php50 billion for CARP and extended its implementation for
another 10 years.
President Estrada Adminitration
• President Joseph E. Estrada (1998-2000)
• “ERAP PARA SA MAHIRAP’. This was the battle cry that endeared President Joseph
Estrada and made him very popular during the 1998 presidential election.
• President Joseph E. Estrada initiated the enactment of the following law:
• Executive Order N0. 151, September 1999 (Farmer’s Trust Fund) – Allowed the
voluntary consolidation of small farm operation into medium and large scale
integrated enterprise that can access long-term capital.
• During his administration, President Estrada launched the Magkabalikat Para sa
Kaunlarang Agraryo or MAGKASAKA. The DAR forged into joint ventures with private
investors into agrarian sector to make FBs competitive.
• However, the Estrada Administration was short lived. The masses who put him into
office demanded for his ouster.
President Arroyo Administration
• President Gloria Macapacal-Arroyo (2000-2010)
• The agrarian reform program under the Arroyo administration is anchored on the
vision “To make the countryside economically viable for the Filipino family by
building partnership and promoting social equity and new economic
opportunities towards lasting peace and sustainable rural development.”
• Land Tenure Improvement - DAR will remain vigorous in implementing land
acquisition and distribution component of CARP. The DAR will improve land
tenure system through land distribution and leasehold.
• Provision of Support Services - CARP not only involves the distribution of lands
but also included package of support services which includes: credit assistance,
extension services, irrigation facilities, roads and bridges, marketing facilities and
training and technical support programs.
• Infrastruture Projects - DAR will transform the agrarian reform
communities (ARCs), an area focused and integrated delivery of
support services, into rural economic zones that will help in the
creation of job opportunities in the countryside.
• KALAHI AR Zone - The KALAHI Agrarian Reform (KAR) Zones were also
launched. These zones consists of one or more municipalities with
concentration of ARC population to achieve greater agro-productivity.
• Agrarian Justice - To help clear the backlog of agrarian cases, DAR will
hire more paralegal officers to support undermanned adjudicatory
boards and introduce quota system to compel adjudicators to work
faster on agrarian reform cases. DAR will respect the rights of both
farmers and landowners.
President Benigno Aquino III Administration
• President Benigno Aquino III (2010-2016)
• President Benigno Aquino III vowed during his 2012 State of the Nation Address
that he would complete before the end of his term the Comprehensive Agrarian
Reform Program (CARP), the centerpiece program of the administration of his
mother, President Corazon Aquino.
• The younger Aquino distributed their family-owned Hacienda Luisita in Tarlac.
Apart from the said farm lots, he also promised to complete the distribution of
privately-owned lands of productive agricultural estates in the country that have
escaped the coverage of the program.
• Under his administration, the Agrarian Reform Community Connectivity and
Economic Support Services (ARCCESS) project was created to contribute to the
overall goal of rural poverty reduction especially in agrarian reform areas.
• Agrarian Production Credit Program (APCP) provided credit support for
crop production to newly organized and existing agrarian reform
beneficiaries’ organizations (ARBOs) and farmers’ organizations not
qualified to avail themselves of loans under the regular credit windows of
banks.
• The legal case monitoring system (LCMS), a web-based legal system for
recording and monitoring various kinds of agrarian cases at the provincial,
regional and central offices of the DAR to ensure faster resolution and close
monitoring of agrarian-related cases, was also launched.
• Aside from these initiatives, Aquino also enacted Executive Order No. 26,
Series of 2011, to mandate the Department of Agriculture-Department of
Environment and Natural Resources-Department of Agrarian Reform
Convergence Initiative to develop a National Greening Program in
cooperation with other government agencies.
President Duterte Administration
• President Rodrigo Roa Duterte (2016 – present)
• Under his leadership, the President wants to pursue an “aggressive”
land reform program that would help alleviate the life of poor Filipino
farmers by prioritizing the provision of support services alongside
land distribution.
• The President directed the DAR to launch the 2nd phase of agrarian
reform where landless farmers would be awarded with undistributed
lands under the Comprehensive Agrarian Reform Program (CARP).
• Duterte plans to place almost all public lands, including military
reserves, under agrarian reform.
• The President also placed 400 hectares of agricultural lands
in Boracay under CARP.
• Under his administration the DAR created an anti-
corruption task force to investigate and handle reports on
alleged anomalous activities by officials and employees of
the department.
• The Department also pursues an “Oplan Zero Backlog” in
the resolution of cases in relation to agrarian justice
delivery of the agrarian reform program to fast-track the
implementation of CARP.