Ramon Magsaysays tribute to Land reform: The Introduction of a Legal Framework

in Philippine Agricultural Policy

University of Santo Tomas

Faculty of Arts and Letters

In fulfilment of the partial requirements in

HISTORIOGRAPHY (ASN 208)

Assoc. Prof. Arlene D.Calara

Prepared by:

Group 7 (3ASN1)

Pomer,JaninneKrizzia

Rifareal, Jo-mari

Samarita, Risha Angelica

Santiago, Maria Sofia Amparo

Socrates, Josemaria Salvador

March 19, 2012

 Ramon Magsaysay |2

I. Introduction

Each blade of grass has its spot on earth whence it draws its life, its strength; and

so is man rooted to the land from which he draws his faith together with his life.

- Joseph Conrad (1857-1924)

One of the best assets a country should possess is a fertile vast land- for land is

like a coconut tree- the tree of life because of its efficacy. But a country and its

people must know how to use it to its best application nevertheless one should

never forget that land belongs to no one.

Long before land plays a vital role for a countrys success because not only

establishments are built on it but most importantly the crops that it is capable of

growing and making it grow healthy and of good export quality that makes a good

impression in the GNP of the country and let the local people enjoy the privilege

of the exported crops for a lower price- that should be the ideal situation but in the

Philippines it is not nonetheless many issues regarding land are rampantly

discussed all over the globe and one of which that caught many less developed

countries with high man land ratios is agrarian reform one of them is the

Philippines which has long endure its struggle towards Agrarian reform even

before the Independence is granted under various presidents from the past to

present administration. Many laws were enacted, many organizations

mushroomed, all for the lands cause and little by little, all associating factors

have arisen, as well conflicting factors.There has been no conflict resolution

between the wants and needs of both the farmers and the landowners up until this

day. But one of the first steps that really provided a basis and a start to make
 Ramon Magsaysay |3

things binding, are the efforts of the late President Ramon Magsaysays

administrations efforts

The paper aims to provide a comprehensive analysis as to why former

President Ramon Magsaysays RA 1199, RA 821, RA 1199 and RA 1160

contributed greatly to the land reform problem of the country. The paper will first

discuss a brief history of land reform, to know the roots of the problem, some

other contributions of the late president to at least have a background about his

administration, a discussion on the authors of the bills that was passed regarding

agrarian reform, brief summary of the laws and an analysis and lastly, the

conclusion of the paper.

Sometimes it takes a good heart to establish a good legislation of a good

policy and everything seems to follow a good example. Nevertheless it will

clearly be depicted how his charismatic personality helped out this project to bring

success for new improvements. How farmers and Land owners reacted and been

treated. How his policy have been a strong foundation of Agrarian reform in the

country and how it affected the country up to the present. It is important to study

the past to know the future but most importantly to react/act to the present times.
 Ramon Magsaysay |4

II. Brief History of Land Reform

The control over land, the concept of tenancy, and full land ownership can be

divided into three periods, which at times are overlapping. The control over land and

its ownership, started during the pre-colonial times where a tribal, communal

ownership was done. This was supervised by the heads of the Baranggays in Luzon

and Visayas, and in the southern part of the Philippines, which is Mindanao, the

Sultanates supervise these lands. When the Spaniards came, the concept of private

land ownership was introduced. There were two goals, or interests that was being

catered by the colonizer: First is to directly extract wealth to support the wars in

Europe, the second one is to develop the demand for products or goods unavailable in

Europe. In line with these goals, a new system was adapted.

a new system of agricultural production and access to land was introduced. This

was based on control over land, and was only achieved with land titles to individuals,

preferably of Spanish origin, and by giving either user rights or ownership to

individuals who wanted involvement in agricultural production. (Polestico,1988)

In this new system, theencomiendas, or the land holdings of high-ranking Spamish

officials and clergymen which are administered through indirect means. The landlords

delegates or are represented by local administrators like regional or village chiefs, and

these people were the ones tasked to collect taxes or tributo. In the 18thcentury, the

concept of sharecropping was introduced due to the first wave of globalization. Cash

crops like tobacco, sugar, coffee, which are goods viable for trade were the ones

encouraged and sometimes forced to be planted in areas. Another procedure, which is

the denuncia, was also introduced for people to acquire unoccupied land. Eventhough
 Ramon Magsaysay |5

the option was introduced, very few Filipinos were in a good position to apply for

such given the fact that only a few of them were educated and economically well.

Same problems were still at play when the Americans came. The only difference

is the one owning the land. Multi-national corporations that were brought by the

United States in our country, were the ones who started to invest and acquired many

landholdings by purchase or lease, or lease-to-own. Although there were limitations,

given the fact that land holdings were only limited to 24 hectares per individual and

1,024 hectares for corporations, the registration process was so tedious that the normal

Juan Dela Cruz farmers were then again, unable to get the land that they deserve. Fast

forward to 1935 and Manuel Roxas time, constitutional provisions were specifically

stated and attempted to limit foreign influence on land.

The 1935 constitution declared that all natural resources, including lands

belonging to public, belonged to the Philippine State. The right use and ownership

from there onwards was in the hands of Philippine nationals or companies with at

least 60% of ownership. Use rights for natural resources were awarded for a

maximum of 25 years. The size of agricultural land to be owned individually or by a

corporation, as mentioned in the Constitution, was determined by

law(Polestico,1988)

Despite these efforts, the same problems arise, and that made the congress under

the Magsaysay administration, and the President himself to approve, and enact a bill

that pertains to land ownership, and one of the major industries we have which is

Agriculture. The roots of the 4 Agricultural bills and its analysis in Magsaysays

administration will be tackled in the latter part of the paper.

 Ramon Magsaysay |6

III. Magsaysays Administration

Ramon del Fierro Magsaysay was born August 31, 1907 and died on March 17, 1957.

He was the third president of the Philippine Republic and also the seventh president overall.

Ramon Magsaysay was elected president under the Nacionalista Party and served as president

from December 30, 1953 until his death on a plane crash in 1957.1

As president, Ramon Magsaysay was a close friend and supporter to the United States

of America and also a vocal spokesman against communism during the Cold War. He also

led the foundation of the Southeast Asia Treaty Organization (SEATO) which is also known

as the Manila Pact of 1954. This organization aimed to defeat communist movements in

South East Asia and the Southwestern Pacific. During his presidency, he was also able to let

the Treaty for the Collective Defense of Southeast Asia or the Pacific Pact be approved.

In Magsaysays administration also, the military was able to capture most of the Communist

Movement leaders in Metro Manila and most of them surrendered to him. This practically

ended the rebellion problem in the country. During his term, Magsaysay also opened the

gates of Malacaang Palace to the public, thus making it literally a house of the people.

Ramon Magsaysay also submitted the Republic Act No. 1400 or the Land Reform Act of

1955. He also renegotiated the Bell Trade Act of 1946 into the Laurel-Langley trade

Agreement. It maintained the economic subservience of the nation to United States

monopolies. Magsaysay also signed the first Agricultural Commodities Agreement with the

United States in 1957. This perpetuated the colonial pattern of the nations economy. It was

also the one responsible for the passage of the Anti-subversion Law which restrained the

citizens democratic rights of assembly, freedom of speech, and belief. Magsaysay was also

1
1. Ramon Magsaysay Award Foundation. (2012). The Life and Times of Ramon Magsaysay 1907-
1957.Retrieved March 4, 2012 from http://www.rmaf.org.ph/Ramon-Magsaysay/timeline.htm
 Ramon Magsaysay |7

the first president who revised the US Military Bases Agreement to bring it more in line with

the interests of the Philippines. He inspired people to have their own business through open

access to loans and government subsidies. He also passed the Congressional Act No. 1292

creating a special fund of P20, 000, 000 to be used as loans to Filipino retail traders. He also

extended the help to Filipino businessmen who were engaged in the retail trade by creating

the National Marketing Corporation (NAMARCO). Magsaysay also lodged 978 families of

Huks who surrendered in the Economic Development Corps or EDCOR agricultural camps in

Mindanao and in Isabela province as a part of his peace initiative with returning Huk rebels. 2

Ramon Magsaysay was able to contribute a lot for the Philippines, but he focused

very much on land and helping the poor. And being true to his promise, he tried hard to

improve the status of the masses. He geared his administration to the urgent demands of rural

improvement. Magsaysay had the Congress pass the Agricultural Tenancy Act in 1954. This

provides a great protection to the tenants by giving them the freedom to choose the system of

tenancy under which they would want to work. This Act was successfully implemented with

the establishment of the Agriculture Tenancy Commission and the Court of Agrarian

Relations whose main purpose is to settle satisfaction and all tenancy disputes. Although the

common people gained from the land distribution and tenants were granted more rights, the

problems that were solved were just surface problems and not the main one. In the Republic

Act No. 1199, farmers were given a certain percent of the crop distribution, but this was only

a minor solution and they were not able to give solution to the main problem which was the

tenurial system. The main problem was not given notice. Although his land reform programs

2
Tagalog Lang. (n.d.). Filipino presidents Biography and Accomplishments. Retrieved March 4, 2012
from http://tagaloglang.com/The-Philippines/History/filipino-presidents-biography-and-
accomplishments.html
 Ramon Magsaysay |8

had holes and did not genuinely benefit the peasantry, Magsaysay was still able to provide

other solutions to the problems.

During his administration, he also had great support from most of the congress

particularly in passing bills that concern the Agrarian Reform in the country which was also a

big factor for becoming successful with passing and imposing the laws he wanted for the

development of the country. Ramon Magsaysay is said to be the most loved president of the

Philippines probably because of his great concern to the masses and his good leadership3

3
Book Rags.(2012). Encyclopedia of World Biography on Ramon Magsaysay. Retrieved March 3, 2012
from http://www.bookrags.com/biography/ramon-magsaysay/
 Ramon Magsaysay |9

THIRD CONGRESS
Senate of the Philippines
1954-1957

Eulogio A. Rodriguez, Sr.

Senate President

Manuel Briones
President Pro Tempore

CiprianoPrimicias
Majority Floor Leader

Sofronio C. Quimson
Secretary
DomocaoAlonto Enrique B. Magalona
(Elected in November 1955)
Ambrosio B. Padilla
Tomas Cabili
QuintinParedes
EdmundoCea (Elected in November 1955)
(Elected in November 1953)
Emmanuel N. Pelaez
Mariano J. Cuenco (Elected in November 1953)
(Elected in November 1953)
Macario Peralta, Jr.
Francisco A. Delgado
Gil J. Puyat
RupertoKangleon
(Elected in November 1953) Claro M. Recto
(Elected in November 1955)
Jose P. Laurel, Sr.
Francisco Soc Rodrigo
Oscar Ledesma (Elected in November 1955)

Roseller T. Lim Decoroso Rosales

(Elected in November 1955) (Elected in November 1955)

Jose C. Locsin Pedro Sabido

(Elected in November 1955)
Fernando Lopez
(Elected in November 1953) Lorenzo Sumulong
(Elected in November 1955)
AlejoMabanag
(Elected in November 1953) Lorenzo M. Taada
(Elected in November 1953)
Pacita Madrigal Gonzales
(Elected in November 1955) Jose C. Zulueta
 R a m o n M a g s a y s a y | 10

IV. Land Reform Programs

One of the main domestic problems in the Philippines is the situation of the Filipino

farmers towards agrarian and landed estates, oppression of peasants by the landlords. Even if

the Philippines have been recovering from the damage of World War II and experiencing

military coups and insurgencies4, Presidents like Quezon and Magsaysay gave priority to land

reforms. Ramon Magsaysay had been campaigning land reforms even before his

administration, followed the land reform laws of President Manuel Quezon agrarian policy

initiatives included mainly tenancy reforms, purchased landed estates and subdivided among

leaseholders.5

Appointed as Secretary of National Defense during President Quirinos

administration, Ramon Magsaysay continued supporting the policies and reforms of the land

for the landless and also, he used this campaign to fight against the HUKS 6 - peasant uprising

against rural oppression - through his Economic Development Corps or known as EDCOR7

project. The EDCOR aimed to re-settle former insurgents on government land to which

settlers would be given title, their own farm, and to provide stability to those captured and

surrendered Huks who were not wanted for criminal activities other than being a guerrilla

received a short re-education and placed to a peaceful and stable society with their families.

After being elected as the President of the Philippines, Magsaysay worked and

established bodies to stabilize EDCOR the National Resettlement and Rehabilitation

4
See interview of Luis Taruc the leader of the Hukbalahap rebel group, eventually surrendered during
Magsaysays regime about Rural Oppression on youtube: http://www.youtube.com/watch?v=u5GCLfJePxs
5
See Del Fierro, A. (1972)
6
Communist-led guerilla movement that developed during World War II to fight against the corrupt landlords.
7
This program resettled many army retirees on government land which eventually the owned.
 R a m o n M a g s a y s a y | 11

Administration (NARRA) 8 and the establishment of Agricultural Credit and Cooperative

Administration (ACCFA)9 which aid rural people.

President Ramon Magsaysay enacted several laws to support his Agrarian Reform

Program: First is the Republic Act No. 1160 of 1954, related to the National and

Rehabilitation Administration for the resettlements of the farmers. Republic Act No. 1199 or

also known as Agricultural Tenancy Act of 1954, this is made to organize the relationship

between landowners and tenant farmers through leasehold system and sharing-tenancy, and

this Republic Act No. 1199 provided the security of the tenure of the tenants. Republic Act

No. 1400 or the Land Reform Act of 1955 is responsible for the acquisition of large lands to

be distributed among the landless citizens through contracts with their owners. Lastly, the

Republic Act No. 821 which provided farmers and share tenants loans with low interest

rates.10

A. Republic Act No. 1160 of 1954

According to its explanatory note, written by Congressmen Manguera, Durano,

Perfecto, Raquiza, Abad, Roy, Cabangbang, E.R Cruz, Nuguid, Castaneda, Kintanar,

Abordo, Ubay, Rodriguez, Fornier, and Romualdez which shows the intent and reasons in

drafting the law of all of them by saying that The LASEDECO has failed in its

objectives and irretrievably lost of millions of peoples money. It added that a review of

the firms operation reveal accomplishments disaproportionate to the expenditures

incurred. Moreover, continuing the use of the name of LASEDECO is not advisable

because of unpleasant association it has assumed in the public mind for its identification

with anomalous and irregular transactions and incompetence in public administration. It is

believed that the logical step to take is to abolish the Corporation and, in its place, create

a new organization under the new management of men of action and integrity. To carry
8
Distribute and give home to the homeless families to areas where they can be settle and live.
9
Help the farmers market their crops and save them from loan.
10
See Department of Agrarian Reform (DAR) Organizational Chart
 R a m o n M a g s a y s a y | 12

out the program of land settlement , the National Resettlement and Rehabilitation

Adminstration (NARRA) is created as a completely new agency with new appropriation,

objectives and personnel, especially in the higher echelon, so that it will not be hamstrung

by anything the LASEDECO did or failed to do. President Magsaysay in his inaugural

address underlined land settlement as on of the pillars of his rural development program.

In the interest of economy, efficiency and effectiveness, it is firmly believed that land

settlement and all government activities related to it should be centralized under one

agency. This bill proposes to make NARRA that agenecy, Hence, approval of this bill is

earnestly requested

The intent of these congressmen were not just showed, but they also stated the

ineffective mechanisms that they want to target. They also related it to the national goals

that their President Ramon Magsaysay wants to reach in the duration that he is in his post.

The main goal of Republic Act No. 1160 of 1954 was to resettle landless farmers to

further implement the free distribution of agricultural lands of the public domain, and

aimed at the Huks who returned to provide them with home and job in farming. This act

covers encourages as well the migration to sparsely populated regions pursuant to the

fundamental policy of the government to promote the level of their living, production,

and employment. The National Resettlement and Rehabilitation Administration or

NARRA has been created to perform under the supervision and control of the President of

the Philippines.

B. Republic Act No. 1199 Agricultural Tenancy Act of 1954

According to the explanatory note written by Senators Montano, Pelaez and

Paredes, they stated that The need to regulate relations between landlors and tenat

has long been recognized. Indeed the Constitution itself makes specific provision for
 R a m o n M a g s a y s a y | 13

the fulfilment of this need (Article XVI, Section 6) and proceeding Congresses have

enacted numerous laws for the attainment of this purpose. All such laws however,

have been based on the existence of the KASAMA SYSTEM of tenure----a system

which per se deprives landlord-tenant agreements of dignity and equity. The

application of these two fundamental principles under Philippine law, is vital and

necessary to the growth and development of democratic institutions in Philippine

Agriculture. Aside from this fundamental defect, such laws are limited in scope and

ambiguous to a point of being ineffective. It has been suggested that ambiguities in

existing law should be eliminated by clarifying legislation. Such action, however,

would leave landlord-tenant relationships in all crops other than rice (and to a certain

extent, sugar) still unattended. The Kasama System would remain. Even in rice, the

relationship thus provided for would represent more a kind of paternalism than one

created between two free and equal parties who with dignity had pledged themselves

to the fulfilment of a solemn contract. Years of chronic friction between landlords and

tenants have brought the basic causes of conflicting interest into sharp relief. The

problem, as always. Basically economic, has assumed moral aspect. It is now clear

that the root cause of landlord-tenant friction lies in the Kasama system itself; that

cure is not to be effected through limited application of external ointments but in the

rooting out of the system itself and the institution of leasehold Tenancy. The cure thus

necessitates no new and untried ideas but rather requires only the application in

agriculture of rules long adopted by all free men to govern their business associations.

It is to this end that this proposal is presented. It is the purpose of this proposal,

through founding landlord-tenant relations on principles of equity and dignity, to

provide the tenant-farmer with incentives conducive to greater and more efficient

production; bolster his economic position; encourage his participation in the

 R a m o n M a g s a y s a y | 14

development of peaceful, vigorous and democratic rural communities. The proposal

provides for:

1. The abolition of the Kasama System of land tenancy

2. The enactment of a single law governing all landlord-tenant relations throughout

the Philippines

3. The establishment of Leasehold Tenancy as an institution to supplant all existing

systems of tenancy

4. The farm lease contract and the parties thereto being accorded the same prestige

and treatment as are accorded to any other contract or contractor under the

Philippine law. The landlord and the tenant shall each be considered as full and

equal parties to the contract.

5. The farm lease contract having singular and exclusive relation rihts and

responsibilities respecting tenure.

6. For landlord-tenant agreements being bound by written contract wth all principle

provisions clearly stated. Provision is made, however for the treatment relations

not governed by written contract.

7. The establishment of maximum rental rates on all kinds if agricultural land.

8. Fixing minimum charges for services and rental on implements and work animals

supplied by the landlord

9. Choice by tenant-lessee as to items other than land to be supplied by the landlord-

lessor.

10. A private existing irrigation system being considered as an integral element of the

land itself.

11. The compensation of the tenant for any improvement on the property made by

him and authorized by the landlord

 R a m o n M a g s a y s a y | 15

12. the repeal or modification of laws in conflict with this proposal

This act is for landowners and tenants of Agricultural lands, the relationship between

the two leaseholds and share tenancy. This act provided an adequate protection of the rights

of both tenants and the landowners and to insure an equal distribution of the produce and

income derived from the land providing the farmers with greater and more efficient

agricultural production. 11 . It aims to target the problem in its core by introducing new

mechanisms in tenancy the contracts that both the landowner and the farmer engages in.

C. Republic Act No. 1400 Land Reform Act of 1955

According to the explanatory note written by Congressman Cortez when he introduced t

and explained his intent regarding the bill to congress, he states that This bill is designed to

lay the foundation of a realistic land reform by providing for the means to establish owner-

operated, family-sized farms. A Land tenure authority is created whose responsibility it shall

be to administer the land reforms program. It shall coordinate the administration and

implementation by other departments or agencies, of all other legislations bearing on or

related to the land reform program. Provision is made for the purchase or expropriation of

agricultural as well as urban lands. Expropriation will be resorted to only after all efforts to

negotiate has failed, and after the authority is convinced of the suitability and the necessity

for its immediate acquisition. In the purchase or expropriation of agricultural lands, the

purpose is not merely to transfer ownership from the landlord to the tenant. The main

objective is its subdivision into family-sized farm units. This will of course necessitate the

displacement of some tenants. So that, before initiating negotiations of expropriations, the

tenants must agree to renounce their rights to remain in their landholdings if they are not

chosen to stay. This feature is deemed very important for two reasons: (1) if the land is

11
See Ibid
 R a m o n M a g s a y s a y | 16

divided among the tenants regardless of the size of their landholdings, and on the basis of the

national average of landholdings of tenants, there will be established owner operated farms of

uneconomic sizes, producing income below subsistence level. The purchasers of the land

consequently will remain in the state of poverty and will be unable to meet their obligations

on the purchase price, and (2) This will stop the land reform short of its goal. On the

assumption that the sale to the tenants is to be considered as the first step, when the problem

of consolidation of uneconomic farm units into economic family-sized farm units arises, the

government will be without power to compel such consolidation

This act provided that the government must commit itself to maintain and establish

equality in the agrarian system in which the government would bring the acquisition of the

landless Filipino citizens of parcels of agricultural lands to be equally distributed among them

through the owner of that land. The Republic Act No. 1400 covers and provided the owner-

partnership, that corporations who owned over 300 hectares of landed estates, as well as

estates of over 6,000 hectares will be expropriated if the majority of the tenants and the

owners will agree upon. After then, the sale of the agreed price will only be effected through

negotiations. Payments will be paid half in government bonds payable after a few years at a

fixed rate of interest. Thus, the land acquired, in return, be subdivided into smaller lots

three to six hectares for each tenant, who will pay their lots within a span of 15 years by

installment-based on the returns from the agricultural harvests from the land.12

D. Republic Act No. 821 Creation of Agricultural Credit Cooperative Financing

Administration

This Act provides an establishment of an agricultural credit and cooperative financing

system to assist small farmers in securing liberal credit and to promote cooperative

associations among the groupings of the farmers, to enable them to market efficiently their

12
Del Fierro, A. (1972) especially Chapter 15 Program on Landed Estates
 R a m o n M a g s a y s a y | 17

agricultural commodities, and to place agriculture on a basis of economic equality with other

industries/

V. Implementation of the Policy

If we look back, we see that The Agricultural Land Tenancy Act or RA 1199 of 1954 was

the first policy to be enforced regarding our agriculture. Although there are few efforts done

by the previous presidents regarding agriculture and land rights, (e.g.Quirino establishing

LASEDECO13, Quezon establishing NLSA14), Magsaysay was the pioneer in terms of

making sure that a legally binding policy is implemented and enforced. Other Agricultural

Laws that he established were R.A. 821 or the Creation of ACCFA15, and the R.A. 1400 or

the Creation of an LTA16. In line with this, there is still a need to assess: firstly, how RA

1199 was implemented and secondly, the direct effects that this policy brought to a.) future

agricultural policies, b.) the farmers. We would also include the interconnection of the

implementation of this policy, to his efforts in appeasing and targeting the Huks17, given the

fact that these Huks are also farmers.

13
LASEDECO or the Land Settlement and Development Corporation was established by President
ElpidioQuirino, in replacement of an American initiative, which is RPA or the Rural Progress Administration,
which are agencies of the government which settles disputed regarding land rights
14
NLSA or the Natonal Land Settlement Administration, which was established in 1933, to settle disputes
regarding the land that Filipinos sowed, after Spanish Colonization\
15
ACCFA or the Agricultural Credit Cooperative Financing Administration which provided farmers and tenants
with a small percentage of interest.
16
LTA or the Land Tenure Administration 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.
17
The Huks or the HUKBALAHAP was the military arm of the Communist Party of the
Philippines (PartidoKomunistangPilipinas; PKP for short), formed in 1942 to fight the Japanese Empire's
occupation of the Philippines during World War II.
 R a m o n M a g s a y s a y | 18

A. DEFINITION OF TENANCY

From Britannica Encyclopedia,

Tenancy is an agricultural system in which landowners contribute their land

and a measure of operating capital and management while tenants 18 contribute

their labour with various amounts of capital and management, the returns

being shared in a variety of ways.

Another definition is given by Farlex,

It is the occupancy or possession of land or premise by lease. The tenant must

acquire control and possession of the property for the duration of the lawful

occupancy.

In 1954, A Republic Act was implemented by then, President Ramon Magsaysays

administration to control the relationship between tenant farmers and landowners by creating

a system that would compensate the two leasehold and share-tenancy system under the

Republic Act No. 1199 or also known as the Agricultural Tenancy Act of the Philippines.

B. MECHANISMS IMPLEMENTED FOR RA 1199 TO BE ENFORCED

During the campaign, Ramon Magsaysay saw the need for the law. He immersed himself

to these farmers, as seen in one of the pictures archived in the national library. This was the

common belief and the image he portrayed during his presidency. In the latter parts of the

paper, a discussion of his intent and purpose will be seen. Going back, in the policyitself, it

already included how they would enforce the policy, with the help of various cities,

municipalities, and the private individual owners of the land.

The law states that :

18
A person who occupies or leases a land or property rented from a land-owner
 R a m o n M a g s a y s a y | 19

RA 1199 An Act to Govern the Relations between Landholders and Tenants of

Agricultural Lands (Leasehold and Share Tenancy, 30 August 1954). It is also known as

the Agricultural Tenancy Act of the Philippines. Under this law, the tenant has the

option to elect either share tenancy or leasehold tenancy arrangement (Department of

Agrariran Reform 2006)

In its Section 11, it states:

Section 11. Freedom to Contract in General. - The landholder and the tenant shall be free

to enter into any or all kinds of tenancy contract, as long as they are not contrary to law,

morals or public policy. Except in case of fraud, error, force, intimidation or undue influence,

when such contract is reduced to writing and registered as hereinafter provided, the latter

shall be conclusive evidence of what has been agreed upon between the contracting parties, if

not denounced or impugned within thirty days after its registration.

Said contract shall be contrary to law, morals and public policy;

A. In Share Tenancy

(a) If the tenant is to receive less than the corresponding share for the different

contributions be made to the production of the farm as hereinafter provided.

(b) If it is stipulated that the tenant or any member or his immediate farm household

shall without compensation perform any work or render any service not connected

with the tenant's duties and obligations provided under this Act.

B. In Leasehold Tenancy
 R a m o n M a g s a y s a y | 20

(a) If the tenant-lessee is to pay to the landholder, lessor, as a consideration for the use

of the land, an amount in excess of that hereinafter provided for the kind and class of

land involved.

(b) If the tenant-lessee is to pay the landholder-lessor a consideration in excess of the

amount prescribed as fair rental value, as determined pursuant to the provisions of this

Act, for the use of work animals, services and/or farm implements belonging to the

landholder-lessor, in case it is agreed between the parties that the latter shall furnish

any or all of these items of production.

(c) If it is stipulated that, as a condition precedent to the commencement or

continuance of the lease, the tenant-lessee shall rent work animals, services or farm

implements, or shall make use of any store or services operated by the landholder-

lessor or any other person, or that the landholder-lessor may impose fines, deductions

and/or assessments, or that the tenant-lessee shall, without compensation, perform any

work or render any service not connected with the tenant's duties and obligations

provided under this Act. (The LAWPHiL Project n.d.)

Rights and obligations of tenants and the owners are also established as stated in these

following sections:

SECTION 22. Rights of the Tenant. -

(1) The tenant shall be free to work elsewhere whenever the nature of his farm

obligation warrants his temporary absence from his holdings.

(2) The tenant shall, aside from his labor, have the right to provide any of the

contributions for production whenever he can do so adequately and on time.

 R a m o n M a g s a y s a y | 21

(3) The tenant's dwelling shall not, without his consent, be removed from the lot

assigned to him by the landholder, unless there is a severance of the tenancy

relationship between them as provided under Section nine, or unless the tenant is

ejected for cause, and only after the expiration of forty-five days following such

severance of relationship or dismissal for cause.

If the tenant is dismissed without just cause and he is constrained to work elsewhere,

he may choose either to remove his dwelling at the landholder's cost or demand the

value of the same from the landholder at the time of the unjust dismissal.

(4) The tenant shall have the right to be indemnified for his labor and expenses in the

cultivation, planting, or harvesting and other incidental expenses for the improvement

of the crop raised in case he is dispossessed of his holdings, whether such dismissal is

for a just cause and not, provided the crop still exists at the time of the dispossession.

Section 23. Obligations for the tenant. - It shall be the obligation of the tenant:

(1) To cultivate and take care of the farm, the growing crop and other improvements

entrusted to him as a good father of a family, by doing all the work necessary in

accordance with proven farming practices.

(2) To inform the landholder at once of any trespass committed by a third person upon

the farm.

(3) To take reasonable care of the work animals and farm implements used in the

point undertaking. He shall not use the work animals and farm implements entrusted

to him by the landholder for purposes other than those intended, or allowed their use

by other persons without the knowledge and consent of the landholder.

 R a m o n M a g s a y s a y | 22

The tenant shall not abandon or surrender his holdings and leave the farm and growing crop

and other improvements unattended during the watch season, except for just and reasonable

cause. In case of such unjustified abandonment or surrender, any or all of his expected share

in the crop may, in the discretion of the court, be forfeited in favor of the landholder to the

extent of the damage caused thereby.

Any of the following shall be considered just and reasonable cause for the tenant to terminate

the tenancy relationship;

(a) Cruel, inhuman or offensive treatment on the part of the landholder of his

representative toward the tenant or any member of his immediate farm household.

(b) Non-compliance on the part of the landholder with any of the obligations imposed

upon him by the provisions of this Act or by the contract.

(c) If the landholder or his representative compels the tenant or any member of his

immediate farm household to do any work or render any service not in any way

connected with his farm work, or even without compulsion if no compensation is

paid.

(d) Commission of a crime by the landholder or his representative against the tenant

or any member of his immediate farm household.

Section 24. Prohibitions to Tenant: -

(1) It shall be unlawful for the tenant, whenever the area of his holdings is five

hectares or more, or is sufficient size to make him and the members of his immediate

farm household fully occupied in its cultivation, to contract to work at the same time

on two or more separate holdings belonging to different landholders under any system
 R a m o n M a g s a y s a y | 23

of tenancy, without the knowledge and consent of the land-holder with whom he first

entered into tenancy relationship.

(2) It shall be unlawful for a share-tenant to employ a sub-tenant to furnish labor or

any phase of the work required of him under this Act, except in cases of illness or any

temporary incapacity on his part, in which eventuality the tenant or any member of his

immediate farm household is under obligation to report such illness or incapacity to

the landholder. Payment to the sub-tenant, in whatever form, for services rendered on

the land under this circumstance, shall be for the account of the tenant.

(3) Subject to provisions of the next preceding paragraph, land entrusted for

cultivation to a leasehold tenant shall not be sub-let nor shall the lease be assigned by

the tenant to another person, except with the written consent of the lessor.

Section 25. Rights of the Landholder: -

(1) The landholder shall have the right to choose the kind of crop and the seeds with

the tenant shall plant in his holdings: Provided, however, That if the tenant should

subject, the court shall settle the conflict, according to the best interest of both parties.

(2) The landholder shall have the right to require the use of fertilizer of the kind or

kinds shown by proven farm practices to be adapted to the requirements of the land.

(3) The landholder shall have the right to inspect and observe the extent of

compliance on the part of the tenant with the terms and conditions of their contract

and the provisions of this Act.

 R a m o n M a g s a y s a y | 24

(4) In cases where the crop has to be sold in processed form before division and the

tenant has no representative, the landholder, shall have the right to deal with millers or

processors in representation of the tenant.

Section 26. Obligations of the Landholder:

(a) The landholder shall furnish the tenant an area of not less than one thousand

square meters where the latter may construct his dwelling, raise vegetables, poultry,

pigs, and other animals and engage in minor industries, the products of which shall

accrue to the tenant exclusively.

(b) The landholder shall keep the tenant in the peaceful possession and cultivation of

his landholdings which are the subject matter of the contract.

Section 27. Prohibitions to the Landholder:

(1) The landholder shall not dispossess the tenant of his holdings except for any of the

causes enumerated in Section fifty, and without the cause having been proved before,

and the dispossession authorized by, the court; otherwise, he shall, aside from the

penalty of fine and/or imprisonment provided for any violation of this Act, be liable to

the tenant for damages to the extent of the landholder's right under Section twenty-

two of this Act.

(2) The landholder shall be responsible for the payment of taxes levied by the

Government upon the land which is the subject-matter of the contract and it shall be

unlawful to make the tenant bear in part of all of the same, either directly or

indirectly.
 R a m o n M a g s a y s a y | 25

(3) The landholder shall not require the tenant to bear, directly or indirectly, any part

of the rent, "canon" or other consideration which he, the former, may be under

obligation to pay to a third person for the use of the land. (The LAWPHiL Project

n.d.)

The creation ofbodies of the government that caters to the rights to ownership of the

farmers were blocked by the congress, thus not making the policy be enforced to its

fullest content. This shows that there is a little failure in the policy since it did not

gave the farmers the land that they deserved.

 R a m o n M a g s a y s a y | 26

VI. Analysis

Although it may seem like it is a sound policy, it still doesnt target the problem thus,

still having majority of our farmers be landless, and them, still sharing the land they have

cultivated for so long. In some cases, it worsened the problem since it created that bond with

the owners that eventually just made them do some work voluntarily without the pay or the

goods that they have earned. Moreover, the policy wasnt applied across the board. It was

not applied to our sugar farmers, which, a lot of Filipino farmers are, and not making them

leaseholders or tenants for these lands. The Court of Agrarian Relations was also blocked by

the congress, thus, not having a specific body to settle land disputes. These things are

necessary in order for them to have an assurance that justice will be served and there is focus

given to them.

Over all the policy attacks only the symptoms of the tenancy problem which is the

distribution of the agricultural product but the core of the problem on tenurial system was

overlooked however without the legal framework with legal advocacies that aimed at agrarian

reforms even the symptoms wouldnt have been noticed and taken good action as he provided

us a branch to cling on its up to his successors to make more legalities and amendments to

enhance the tenancy act for the betterment of many. Nonetheless it had benefitted the some

farmers more than the land owners with the extensions provided by the policy it enables

farmers to hold on to the land they plow. he implemented it through the Agricultural Tenancy

Commission that he created It may not solve all the problems in tenancy but through his

efforts many of which have been given answers and clarity. A person can only make a

difference not magic that with a blink of an eye everything is solved it takes time, effort and

principle to stand and fight for something that will change a great sum of peoples lives that
 R a m o n M a g s a y s a y | 27

will equate to productivity if these people will work hard on their given partial of land

whatever agreement they sign in, anyhow former President Ramon Magsaysays charisma

brought about his popularity with the masses he is makamasa or makataogiving him

opportunity to get the support of the people who compromises more than of the population

to help him with his campaign on agrarian reform and his plight to destroy the insurgencies

and develop more concrete plans as to the tenancy of the people who is his greater concern

the people dearly loved him because of the affection he shows through his gestures and

programs which in reality if you analyse carefully lacks concrete and firm actions yet people

adores him for everything he does moreover because of the number of farmers which are also

voters gave his full support to him making more people involved more effective the policy

will be.

The fundamental solution to the problem is a superior political and economic strength

for the tenant through organization and without prejudices and conflicting interests

circulating the political arena.

Its effect to our current legislation is positive because there was an actual follow up in

continuing the efforts for our farmers, but our government needs to realize that it doesnt stop

in instituting a law or policy. There should be genuine change on how laws are being

actualized and how our lawmakers look at the perspective of the people they want to help.

The standard should be fair on the side of the farmers and also the side of the landowners

even if some of them are also the ones who are crafting the laws.

On the side of the farmers, the struggle goes on, and it was already passed to a lot of

generations. Some families still monopolize the land. Haciendas are still fully intact and not

distributed. Although there was an opportunity given to them and it was started by

Magsaysays initiative, it is still not maximized to its fullest extent.

 R a m o n M a g s a y s a y | 28

VII. Conclusion

The issue of land reform in the Philippines has continuously been on political agenda

and publics priorities for most elected officials remain much even today. Nevertheless

agrarian reform has been and still is an unfinished business. In the past decades in the

Philippines, a series of land reform programs have been legislated and implemented by

successive administrations.

A series of land reform program have been initiated since the presidency of Manuel L.

Quezon(1935-1941), Manuel Roxas (1946-48), ElpidioQuirino (1948-53), and Ramon

Magsaysay (1954-56) generally fell along these lines although each had its own policy

initiatives. In particular, a series of land reform legislation during the Magsaysay

administration is seen by some as the first significant legislation toward land reform in the

post-war Philippines. (Wurfel 1988)

Magsaysay had become acutely aware of the plight of the small farmer during his

military and economic fight against the Huks, and because this struggle was so closely related

to his major goal of restoring the people's faith in the government, his heart was most of ail in

that aspect of his program which he called rural improvement.The rural improvement

program was divided into two types of activity. The first entailed merely the extension and

intensification of governmental services in rural areas. The second type of activity was

designed in the long run to accomplish the same objectives, but in the process it became

necessary to change the whole economic and social structure of Philippine rural life which

may be called agrarian reform.

The land reform initiatives of the Ramon Magsaysays administration have been the

combinations of regulation on land tenancy, resettlement to public lands, and appropriation

and redistribution of private lands. Within the entire agrarian reform program, former

President Magsaysay was most intensely concerned with the improvement of tenant-landlord
 R a m o n M a g s a y s a y | 29

relation because it was in landlord oppression that injustice became visible to him. Having

seen injustice, it was a measure of Magsaysay's greatness that he perceived the need and

acted upon it. Given the President's special interest in this aspect, it is understandable that

rent reduction and tenure security were the most successful aspects of his administrations

efforts toward agrarian reform.

However, an evaluation has been made regarding the political forces behind

Magsaysays agrarian reform code and the pattern of reform implementation was the need to

pacify the Huk rebellion especially in Central Luzon. In additional, there was a significant

degree of involvement by the United States government both in the election of President

Magsaysay and in placing land reform onto the political agenda in the process. Such forces

pushing toward land reform program is apparent in Magsaysays period, yet President

Magsaysay has been credited by some political observers for his political will toward land

reform.

The reality we face is a program of considerable accomplishment from the policies

implemented by Pres. Magsaysay, however, the latest land redistribution are quite

discouraging. Certainly a central purpose of agrarian reform is to reduce the percentage of

farmers who are tenants. But it has not happened. In assessing the processes of land reform

legislation and implementation, one question naturally arises; why land reform in the

Philippines has been taking so long?

The introduction of legislation, apparently to assist the tenant and small farmer, was

frequent from the 1950s onwards. But ever since independence, one of the most serious

obstacles to bureaucratic effectiveness for agrarian reform had been the inadequacy of

funding. Another problem is the inability of the government to implement substantial land re-

distribution in a prompt manner. The opportunity for tenants, and farm workers, to own their

land was instituted, yet over all tenants and small farmers seldom found effective protection
 R a m o n M a g s a y s a y | 30

in the law. Procedures were complex and always favored the landed elite who still dominate

rural society. Furthermore, even court fees were an obstacle for a poor farmer and some

judges were so ideologically committed to the landlords position that they ignored the law if

it favored the tenant.Another problem is the Philippine socio-economic structure and politics

which include the patterns ofhighly concentrated land ownership throughout the archipelago

and the dominance of landowning families in both local and national politics.

The relevance of agrarian reform as a solution to rural poverty can be re-examine thru

CARP. Agrarian Reform undertakes land acquisition and distribution, and envisions a nation

where there is equitable land ownership. However, the program flawed organization and poor

governance. Moreover, restrictions on the transferability and disposition of awarded lands

inhibit the participation of the Agrarian Reform Beneficiaries (ARB) in the land and credit

institutions. Poor governance, graft and corruption contributed to the failure of CARP making

minimal impact against poverty.

The rural poor and farmers must have avenues of poverty reduction other than

agrarian reform. Though a more efficient and effective program needs to be in place,

agriculture remains key and can still be a major source of income for the rural family

especially the farmers. The history and development of agrarian reform, reminds us how the

subject of land ownership is bound to the Filipinos national identity. Land ownership is part

of social practice and its law must be subject to compromise, change and proper

implementation. Still, the present laws on ownership fail to capture the spirit of agrarian

reform.
 R a m o n M a g s a y s a y | 31

References
Alternate Forum for Research in Mindanao (2007).Validating the scope and status of the
Philippine comprehensive agrarian reform program. Davao

CARP impact assessment studies (2003) Publication Info. Quezon City : Department of
Agrarian Reform
Council of Agricultural Producers of the Philippines. (1997). Comprehensive Agrarian Reform
Program (CARP). Quezon City, Department of Agrarian Reform

Department of Agrariran Reform. April 4, 2006.

http://www.dar.gov.ph/pdf_files/leasehold_primer06.pdf (accessed March 5, 2012).

In Magsaysay, Leader of the Masses, by Aurelia del Fierro. Manila, 1972.

Hart, Donn. "The Philippine Cooperative Movement." Vol. 24. No. 2. pp. 27. Far Eastern Survey,
Published by Institute of Pacific Relations, 1955.

History of Nacionalista Party. 2010. http://www.nacionalistaparty.com/history.php (accessed

December 28, 2011).

Lawyers, BC Philippines. Republic Act No. 1199. 2012. http://www.bcphilippineslawyers.com

(accessed March 3, 2012).

Legislature of the Philippines. 2012. http://www.senate.gov.ph/senators/senlist.asp#third_congress

(accessed March 3, 2012).

Molina, Antonio. In The Philippines: Through the Centuries, by Antonio Molina. Manil: Univeristy of
Sto. Tomas Cooperative, 1961.

"Plans for Actions: Excerpts from the Speeches of President Magsaysay on the Economic
Development of the Philippines." In Ramon Magsaysay 1907-1957. UP Diliman Library, Manila:
National Media Production Center.

President Magsaysay's Last Speech in 1957. 2012. http://www.afpcmos.ph/index.php/featured-

article/70-president-magsaysays-last-speech-in-1957 (accessed March 3, 2012).

"Program for Progress: Speech delivered at the Far Eastern University." In Ramon Magsaysay 1907-
1957. UP Diliman Library, Manila.

Rags, Book. Encyclopedia of World Biography on Ramon Magsaysay. 2012.

http://www.bookrags.com/biography/ramon-magsaysay/ (accessed March 3, 2012).

State of the Nation Address of President Ramon Magsaysay (1st to 4th). 2010. www.gov.ph
(accessed November 28, 2011).

The LAWPHiL Project. http://www.lawphil.net/statutes/repacts/ra1954/ra_1199_1954.html

(accessed March 5, 2012).

The Life and Time of Ramon Magsaysay. 2012. http://www.rmaf.org.ph/Ramon-

Magsaysay/timeline.htm (accessed December 28, 2011).
 R a m o n M a g s a y s a y | 32

The Working Vice President. 2012. http://ovp.gov.ph/site_content.php?sid=35 (accessed January 13,

2012).

Viana, Dr. Augusto V. de. Stories about Magsaysay. 2010. http://www.nhi.gov.ph (accessed January
4, 2012).

Wurfel, David. "Magsaysay and the Philippine Peasantry: The Agrarian Impact on Philippine Politics."
By David Wurfel. Tokyo: International Christian University, 1962.

Wurfel, David. "Philippine Agrarian Reform under Magsaysay." Far Eastern Survey, Institute of Pacific
Relations, 1958.

Appendices
 R a m o n M a g s a y s a y | 33

A.) Photo Descriptions

These are photo captions in the archives of the National Librarys Presidential

room. The Pictures were not allowed to be reproduced but the descriptions are still

necessary sources for us to at least visualize how the late President was at work.

En10-V
Description: During his campaign, Monching went out of his
way to shake hands of barrio people. His opponent called it
vulgar but RM replied there was nothing vulgar in clasping the
hands of honest farm folk
The guy goes out to the fields to salute the farmers of one of
the 1,100 farmers he visted during his 1953 campaign.

En10-R
Description: Governors &
Congressmen endorses the
President for re-election during a
breakfast meeting

En4-J
Description: RM & the Poor folk
Into his 1959 campaign for the
presidency, he visited the poor
people even shirtless ones

En4-C
Calapan, Mindoro
Brief stopover inspection trip to
fish project owned by Jose Uranza

B.) Photos
 R a m o n M a g s a y s a y | 34

These are the photos of senators during his administration, and few photos of the

late president Ramon Magsaysay in action. Some photos of the Philippines during

the 1950s are also included.

Ramon Magsaysay in his inauguration

President Ramon Magsaysay with Jose P. Laurel,

Jose B. Laurel, Sergio Osmena, Commisioner

Pauline Garcia and Pedro Sabido

Ramon Magsaysay with citizens riding public

transport, portraying his image as makamasa or a

president that is

one with the

masses.

Ramon
 R a m o n M a g s a y s a y | 35

Magsaysay with senators during a meeting.

Manila, 1950s

Escolta, 1950s

Ramon Magsaysay, taken during his term

 R a m o n M a g s a y s a y | 36

Emmanuel Pelaez, He was elected Senator from 1953 to 1960, and supported the program of

Magsaysay despite the fact that they are from different political parties.

Eulogio Rodriques Jr., the son of the Senate president in the

same congress, drafted co-authored RA 1160, one of the first

agricultural policies of the Philippines.

Ferdinand Marcos worked then in the House of Representatives

during the duration of Magsaysays agrarian reform and he is one

of many supporters of this program he even authored a bill for

the reform program and continued this vision until he seats in

office as the president. He forwarded the Masagana 99 program

during his presidency.

 R a m o n M a g s a y s a y | 37

Vicente peralta is the Congressman of the 2nd District of Sorsogon in 1953 and was re-

elected (1957, 1961, and 1965)He was Consistently adjudged by the Congressional

Press Club as one of the Ten Most Outstanding Congressmen since 1954 up to the

time of his death; and by the Philippine Free Press as one of the Ten Most Useful

Congressmen since 1958 thru 1965. He co-authored the law, RA 821.

C.) Congressional copies of the bills

These are photocopied original copies of the senate and house of representatives

agricultural bills. These were from the House of representatives archives, in the

Batasan Pambansa, Quezon City.