LAND OWNERSHIP IN THE

COUNTRY DURING SPANISH

Brief Historical

Historically, land-related remedies extended by past regimes and

administrators proved to be totally unable to fulfill the promise
of alleviating the quality of life of the landless peasants.

The land laws have invariably contained provisions that enabled

powerful landowners to circumvent the law, or even use the law
to sustain and further strengthen their positions in power.
Pre Spanish Era

Land was not unequally distributed before the Spaniards came

to the Philippines.
- The notion of private property was unknown then.
- The community (barangay) owned the land.
Spanish Period (1521-1898)

One of the major initial policies of the governorship of

Legazpi was to recognize all lands in the Philippines as part
of public domain regardless of local customs.
As such, the crown was at liberty to parcel out huge tracts
of Philippine lands as rewards to loyal civilian and military
as rewards.
Spanish Period (1521-1898)

In effect, communal ownership of land gradually and slowly

took the backseat.
Private ownership of land was introduced.
With this arrangement, every municipal resident was given
his choice of the land for cultivation, free from tax.
Spanish Period (1521-1898)

Large tracts of uncultivated lands not circumscribed within

a given municipality were granted by the Spanish monarch
to deserving Spaniards.
This kind of ownership became known as the encomienda.
Spanish Period (1521-1898)

The encomienda system in the Spanish colonies began as a

result of a Royal Order promulgated in December of 1503.
By virtue of this Royal Order, encomiendas were granted to
favor Spanish officials and clerics who were entrusted the
responsibility to look after the spiritual and temporal
developments of the natives in a colonized territory.
Spanish Period (1521-1898)

In return for such a duty, the encomiendas enjoyed the right

to have a share in the tribute (tributo) paid by the natives.
Legazpi himself had granted encomiendas to the friars, like
the Agustinians in Cebu and Manila.
Spanish Period (1521-1898)

Almost all the grants that Legazpi extended to the Spanish

officials and friars were confined to what would eventually
become the provinces of Cavite, Laguna, Batangas, and
Bulacan.
Spanish Period (1521-1898)

Much later, in place of the encomiendas, the Spanish

authorities began to group together several barangays into
administration units.
They termed these units as pueblos or municipios which
were governed by gobernadorcillos.
Together, the cabezas and gobernadorcillos made up of the
landed class known as caciques (landed class).
Spanish Period (1521-1898)

At the passing of time, the Filipino caciques intermarried

with Spaniards. This gave such class as mestizo cast which
exists to this day.
Through this enviable position, the cabezas the
gobernadorcillos gained more and more stature or prestige
with the Spanish civil and ecclesiastical authorities, and the
common people.
Spanish Period (1521-1898)

In time, the caciques were given the prerogative of

collecting taxes as well.
This act vested in them great power. Certainly, this did not
help to endear them to the ordinary people.
Spanish Period (1521-1898)

Caciquism as an institution became deeply rooted in

Philippine soil. This paved the way to many present-day
agrarian problems and unrests.
As the cacique system grew, it also became more
oppressive.
This brought about colonial uprisings during the 19th
century, which tended to occur in the areas with much
agricultural activity such as Central Luzon.
Spanish Period (1521-1898)

Agrarian-related problems were the only source of major

conflicts during this time. Land was available in the entire
archipelago.
The major sources of conflict and rebellion were really the
harsh Spanish impositions, such as: tributo, polo,
encomienda, etc.
Spanish Period (1521-1898)

During the 19th century, several developments occurred that

solidified the land tenure system, and aroused antagonism over
its injustices and inequalities.
Spanish Period (1521-1898)

Since the Spaniards did not levy a land tax or a head tax
(cedula), and few records of land-ownership were kept, the
Spanish government issued two Royal Decrees: decreto
realenga (1880) and the Maura Law (1894)
These decrees ordered the caciques and natives, to secure
legal title for their lands or suffer forfeiture.
Spanish Period (1521-1898)

The Filipino peasants, either ignorant of the processes of

the law or of the Spanish-written instructions, were just slow
to respond.
The landowners (caciques) were quick to react. They did not
only register their own landholdings but also took advantage
of the ignorance of the peasants, by claiming peasant lands
adjacent to their own holdings.
Spanish Period (1521-1898)

It was estimated that 400,000 Filipino peasants were left

without titles.
No option was left for those dispossessed because
documented titles to the land prevailed over verbal claims.
Hence, most Filipino landed peasants became mere tenants
in their own lands.
Spanish Period (1521-1898)

The Royal Decree of 1894 (Maura Law) deprived many Filipino

peasants of their own lands through scheming and treacherous
ways of both Spaniards and caciques.
Spanish Period (1521-1898)

Other strategies of dispossessing peasants of their

landholdings were:
1. Outright purchase at a low price of real estates (realenga) by
a Spaniard or a cacique, from a badly-in-need peasants.
2. Mortgage system (pacto de retroventa); this is equivalent of
today’s mortgage system (sangla).
Spanish Period (1521-1898)

The mortgage system is equivalent of today’s mortgage

system (sangla), where a landowner who has loaned a
peasant some money becomes this peasant landlord.
This happened simply because the system required the land
to be collateral. While the peasant had not paid back his
loan, he paid the landlord rent for the use of his own land.
Spanish Period (1521-1898)

Another source of land-related conflict by the late 19th

century was the “friar lands”. Many farmers questioned the
amount of land in grant given by the Spanish crown to the
religious orders (i.e. Augustinians, Dominicans, Franciscans,
and Recollect Orders).
Tenants (inquilinos) paid tax termed as “canon” to the friars.
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