Santiago, Nemei S. LRT Villarin, Clarissa Marie R. Atty. Maria Elvira B. Herrera
AGRARIAN REFORM
I. Concepts C. Religious – agrarian reform is solidly
1. Reform – change in something, a process grounded in both the Old and New or an act to achieve improvements in its current testaments and Social Teachings state or quality D. Moral – sound reason sees the need for a 2. Land Reform – measure to be undertaken just and equitable distribution of to improve the relationship between the tillers agricultural lands to landless farmers, in and landowners, as regards to the farmer’s rights line with the essence of social justice and privileges in the land they are nurturing. E. Political – measures the extent of It was used to connote agricultural willingness on the part of national reform programs during the American colonial leadership to implement the law regardless period in the Philippines until President of those affected. Diosdado Macapagal’s administration. F. Legal – agrarian reform is based on 3. Agrarian Reform – pursues a broader constitutional mandates improvement, not only on the land ownership, 1. Art. II, Sec. 10 – The State shall but also in the agrarian system and processes as a promote social justice in all phase of whole. It refers to the reform and development national development assisted by various government agencies for the 2. Art. II, Sec. 21 – The State shall advancement of its beneficiaries, land they till promote comprehensive rural and the community they live in. Land reform development and agrarian reform. plus social reforms and support services. 3. Art. XII, Sec. 1 [2] – The State shall promote industrialization and full II. Principles of Agrarian Reform employment based on sound Social justice which means that the agricultural development and agrarian democratization of income and wealth is reform, through industries that make realized by giving the marginalized farmers full and efficient use of human and an equal access to land as their basic natural resources, and which are productive resource. competitive in both domestic and Just compensation of the landowners. foreign markets. However, the State Together, they will work with the concerned shall protect Filipino enterprises against government agencies in the preparation, unfair foreign competition and trade planning and implementation of the practices. program. 4. Art. XIII, Sec. 1 [2] – The State shall regulate the acquisition, ownership, III. Aspects of Agrarian Reform use, and disposition of property and its A. Economic – the agricultural development is increments. prior to industrial development and 5. Art. XIII, Sec. 2 – The promotion of progress social justice shall include the B. Socio-cultural – self-reliance, self esteem, commitment to create economic dignity, and improvement quality of life for opportunities based on freedom of the beneficiaries may be achieved initiative and self-reliance. Page |2
6. Art. XIII, Sec. 3-10 – Labor B. American Rule (1898-1935)
Torrens system of land registration – IV. Objectives of Agrarian Reform enforced the registration of lands and A. National development issuance of certificates of land title granted B. Dynamic democracy by the court after appropriate proceedings. C. Heightened quality of life Land Registration Act of 1902 - sought to determine the extent of private V. Historical Background of Agrarian Reform landholdings in the country. A. Pre-Spanish Era Public Land Act of 1903 – offered plots Land was not distributed during the pre- not in excess of 16 hectares to families colonial period in the Philippines. who had occupied and cultivated the land Land is communal or the barangay they were residing on since August 1, commonly owned the land. 1898. Cadastral Act of 1903 – required cadastral B. Spanish Period (1521 – 1898) surveys for new land titles which allows Private ownership was introduced. the government redefined the lands that Large tracts of uncultivated lands, not will be classified as private or public. circumscribed within a given municipality, Friar Lands Act of 1904 – provided the were granted by the Spanish monarch to terms and conditions on the sale and lease deserving Spaniard, this reward was known of purchased friar estates of 410 000 as the encomienda. hectares in the amount of US$ Encomienda system – encomiendas were 7,239,784.66. granted to Spanish officials and clerics, who were entrusted with the responsibility C. Commonwealth Era (1935-1946) to look after the colonized territory. Rice Share Tenancy Act of 1933 – to Tributo – tribute (monetary) paid by the regulate the share-tenancy contacts by natives. establishing minimum standards, 50-50 Cacique – landed class or the land owners, sharing of the crop, regulation of interest they were given the rights to collect taxes. to 10% per agricultural year. Decreto Realenga – issued by the Spanish National Land Settlement Administration government which urged landowners to – began orderly settlement of public secure the legal title of their land. agricultural lands. Decreto Real de 1880 Maura Law – granted landholders D. Second Philippine Republic: Japanese one year to secure legal title to their Occupation (1941-1945) land or suffer its forfeiture. Hukbo ng Bayan Laban sa Hapon Pacto de Retroventa – a landowner (HUKBALAHAP) – comprised from the who has loaned a peasant some ranks of peasant and labor organizations, money becomes the peasant’s from the merger of the Communist Party landlord. of the Philippines and the Socialist Party. They also took upon the cause of the A. Philippine Revolutionary Government peasants against landlords. (1898-1899) Malolos Constitution – states that all the E. Roxas Administration (1946-1948) estates, edifices and properties possessed Republic Act No. 34 of 1946 (Tenant Act) by the religious corporations in the country – provide for the 70-30 sharing shall be deemed restored to the Philippine arrangements and regulated share-tenancy State. contracts. Page |3
He did not make any agrarian reform law launched the Operation Land Transfer instead he continued the agrarian reform which transferred the ownership of the policy of his predecessor. land to the tenants who tilled it and provided the instruments and mechanisms G. Magsaysay Administration (1953-1957) needed in such transfer. Also, landlords Agricultural Tenancy Act of 1954 (RA who owned more than seven hectares of No. 1199) – allowed tenants to shift from land had to sell the excess to the DAR, tenancy to leaseholder. which in turn sells these to the landless Land Reform Act of 1955 (RA No. 1400) farmers tilling the land. – provided for the expropriation of private agricultural land over 300 hectares of K. Aquino Administration (1986-1992) contiguous areas, if owned by individuals. Comprehensive Agrarian Reform Program (July 22, 1987) H. Garcia Administration (1957-1961) - Proclamation 131 – embodied the No new land-policies were made instead general principles of the program he just carried on the land-related policies - Executive Order No. 229 – detailed the of Magsaysay. mechanisms of its implementation. Comprehensive Agrarian Reform Law I. Macapagal Administration (1961-1965) (RA No. 6657) – intended to promote Agriculture Land Reform Code of 1963 social justice and industrialization by (RA No. 3844) – provided for the providing the mechanism for its purchase of private farmlands with the implementation and for other purposes. intension of distributing them in small lots to the landless tenants on easy terms of L. Ramos Administration (1992-1998) payments. RA No. 8532 – extending the program of It also necessitated the creation of the CARL to another 10 years. Land Authority. This agency was tasked to implement the policies set forth in RA M. Estrada Administration (June 30, 1998 – 3844. January 20, 2011) Magkabalikat para sa Kaunlarang Agraryo J. Marcos Administration (1965-1981) (MAGSASAKA) – encourage foreign RA No. 6389 - gave rise to the investments to the agricultural sector and establishment of the Department of help farmers to learn advanced technology Agrarian Reform (DAR). It is the agency in crop production. that has the authority and responsibility to implement the policies of the State on N. Arroyo Administartion (January 21, 2001 agrarian reform. – June 30,2010) Agrarian Reform Special Fund Act (RA Comprehensive Agrarian Reform Program No. 6390) – created an agrarian reform Extension and Reforms (RA No. 9700) – special account to finance the Agrarian extended CARL to five more years and Reform Program of the government. allocated more funds for the Presidential Decree No. 2 – declaring the implementation of CARP. entire Philippines as a land reform area. Establishment of Land Bank of the Philippines as financial arm, prohibited and penalized the ejectment of tenant- tillers from landholdings.