CHAPTER 4 POLICIES ON AGRARIAN REFORM • Agrarian Reform is essentially the rectification of the whole system of agriculture. • Agrarian Reform is centered on the relationship between production and the distribution of land among farmers. • It also focused on the political and economic class character of the relations of production and distribution in farming and related enterprises, and how these connect to the wider class structure. LANDOWNERSHIP IN THE PHILIPPINES UNDER SPAIN • The Spaniards brought the system of pueblo agriculture in our country. Rural communities, often dispersed and scattered in nature, were organized into a pueblo and given land to cultivate. • Families were not allowed to own their land – the King of Spain owned the land, and Filipinos were assigned to these lands to cultivate them, and they paid their colonial tributes to the Spanish authorities in the form of agricultural products. LANDOWNERSHIP IN THE PHILIPPINES UNDER SPAIN • Law of Indies are the entire body of laws issued by the Spanish Crown for the American and the Asian possessions of its empire. They regulated social, political, religious, and economic life in these areas. • Spanish Crown awarded tracts of land to: 1. Religious orders; 2. Repartamientos for Spanish military as Rewarded for their service; 3. Spanish encomienderos, those mandated to manage the encomienda or lands given to them. LANDOWNERSHIP IN THE PHILIPPINES UNDER SPAIN • Encomienda was a system of giving lands (Royal Land Grants) to the Spanish conquerors that were loyal to the Spanish monarch. • Encomienderos must defend his encomienda from external attack, maintain peace and order within, and support the missionaries. • Encomienderos were given the right to collect taxes (tribute) from the indios (natives) LANDOWNERSHIP IN THE PHILIPPINES UNDER THE AMERICANS • The regulations enacted during the American Period Philippine Bill of 1902, which set the ceilings on the hectarage of private individuals to 16 hectares, and 1,024 hectares for corporations. Land Registration Act of 1902 (Act No. 496) , which provided for a comprehensive registration of land titles under the Torrens system. The Public Land Act of 1903, which introduced the homestead system in the Philippines. The Tenancy Act of 1933 (Act No. 4054 and 4113), which regulated relationships between landowners and tenants of rice (50-50 sharing) and sugar cane lands. THE SAKDAL (OR SAKDALISTA) UPRISING • A peasant rebellion in Central Luzon that lasted for two days, May 2-3, 1935. it was easily crushed by government forces then, but this historical event tells of the social inequality brought about by issues in land ownership and tenancy in the country. • The Filipino word sakdal means “to accuse,” which is the title of the newspaper helmed by Benigno Ramos. He rallied support from Manila and nearby provinces through the publication, which led to the establishment of Partido Sakdalista 1n 1933. they demanded reforms from the government, such as the abolition of taxes and “equal or common” ownership of land. They also opposed the dominant Nacionalista Party’s acceptance of gradual independence from the United States, and instead demanded immediate severance of ties with America. COMMONWEALTH PERIOD (1935-1942) • Social Justice Program during the Commonwealth Period: The 1935 Constitution, which was promulgated for the promotion of social justice to ensure the well-being and economic security of all people, should be the concern of the State. The Commonwealth ActNo. 178 (An Ammendment to Rice Tenancy Act No. 4045), enacted on Nov. 13, 1936, provided for certain controls in the landlord-tenant relationships. The National Rice and Corn Corporation (NARIC) OF 1936 established the price of rice and corn that helped the poor tenants as well as consumers. COMMONWEALTH PERIOD (1935-1942) The Commonwealth Act No. 461, 1937, specified the reasons for dismissal of tenants and only with the approval of the Tenancy Division of the Department of Justice. The Rural Program Administration, created on March 2, 1939, provided the purchase and lease of haciendas and their sale and lease to the tenants. The Commonwealth Act No. 441, enacted on June 3, 1939, created the National Settlement Administration with a capital stock of P20,000,000. POST-WAR INTERVENTIONS TOWARD AGRARIAN REFORM PRESIDENT MANUEL ROXAS (1946-1948) FOLLOWING LAWS WERE ENACTED DURING THE ROXAS ADMINISTRATION: Republic Act No. 34, which established the 70-30 sharing arrangements and regulated the share-tenancy contracts. Republic Act No. 55, which provided for a more effective safeguard against arbitrary ejectment of tenants. The government also attempted to redistribute hacienda lands, falling prey to the woes of similar attempts since no support was given to small farmers who were given lands. POST-WAR INTERVENTIONS TOWARD AGRARIAN REFORM PRESIDENT ELPIDIO QUIRINO (1948-1953) Executive Order No. 355 on October 23, 1950, replaced the National Land Settlement Administration with Land Settlement Development Corporation (LASEDECO) that took over the responsibilities of the Agricultural Machinery Equipment Corporation and the Rice and Corn Production Administration. PRES. RAMON MAGSAYSAY (1953-1957) Republic Act No. 1160 of 1954, which abolished LASEDECO and established the National Resettlement and rehabilitation Administration (NARRA) to resettle dissidents and landless farmers. POST-WAR INTERVENTIONS TOWARD AGRARIAN REFORM PRES. RAMON MAGSAYSAY (1953-1957) Republic Act No. 1199 (Agricultural Tenancy Act of 1954), which governed the relationship between landowners and tenant farmers by organizing share-tenancy and leasehold system. Republic Act No. 1400 (Land Reform Act of 1955), which created the Land Tenure Administration (LTA) that 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), which provided loans to small farmers and share tenants with interest rates of as low as 6-8 percent. POST-WAR INTERVENTIONS TOWARD AGRARIAN REFORM PRESIDENT DIOSDADO MACAPAGAL (1961-1965) Declaration Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) Source: Section 2. Declaration of Policy – It is the policy of the State: (1) To establish owner-cultivatorship and the and the economic family-size farm as the basis of Philippine agriculture and, as a consequence, divert landlord capital in agriculture to industrial development; (2) To achieve a dignified existence for the small farmers free from pernicious institutional restraints and practices; (3) To create a truly viable social and economic structure in agriculture conducive to greater productivity and higher farm incomes; (4) To apply all labor laws equally and without discrimination in agriculture conducive to greater productivity and higher farm incomes; (5) To provide more vigorous and systematic land resettlement program and public land distribution; and (6) To make the small farmers more independent, self-reliant and responsible citizens, and a source of genuine strength in our democratic society. AGRARIAN REFORM EFFORTS UNDER MARCOS Republic Act No. 6389 (Code of Agrarian Reform) and R.A. No. 6390 of 1971 created the Department of Agrarian Reform and the Agrarian Reform Special Account Fund and expanded the scope of agrarian reform. P.D. No. 2, September 26, 1972, declared the country under land reform program and activated the Agrarian Reform Coordinating Council. All government agencies were ordered to fully cooperate and assist DAR. P.D. No. 27, October 21, 1972, restricted the land reform scope to tenanted rice and corn lands and set the retention limit at 7 hectares. PRIMARY SOURCE: PRESIDENTIAL DECREE NO. 27, 21 OCTOBER 1972 This hall apply to tenant farmers of private agricultural lands primarily devoted to rice and corn under a system of sharecrop or lease-tenancy, whether classified as landed estate or not; The tenant farmer whether in land classified as landed estate or not, shall be deemed owner of a portion constituting a family-size farm of hectares if not irrigated and three hectares if irrigated; In all cases, the landowner may retain an area of not more than seven hectares if such landowners is cultivating such area or will now cultivate it; For the purpose of determining the cost of the land to be transferred to the tenant-farmer pursuant to this Decree, the value of the land shall be equivalent to two and one-half times the average harvest of three normal crop years immediately preceding the promulgation of this Decree; The total cost of the land, including interest at the rate if six per centum per annum, shall be paid by the tenant in fifteen years of fifteen equal annual amortizations; In case of default, the amortization due shall be paid by the farmers’ cooperative in which the defaulting tenant- farmer is a member, with the cooperative having a right of recourse against him; The government shall guaranty such amortizations with shares of stock in government-owned and government – controlled corporations; No title to the land owned by the tenant-farmers under this Decree shall be actually issued to a tenant-farmer unless and until the tenant-farmer has become a full-fledged member of a duly recognized farmers’ cooperative; Title to land acquired pursuant to this Decree or the Land Reform Program of the Government shall not be transferable except by hereditary succession or to the Government in accordance with the provisions of this Decree, the Code of Agrarian Reforms and other existing laws and regulations; The Department of Agrarian Reform through its Secretary is hereby empowered to promulgate rules and regulations for the implementation of this decree. POST – 1986 AGRARIAN REFORM PRESIDENT CORAZON AQUINO (1986-1992) Executive Order No. 228, July 16, 1987, which declare full land ownership to qualified farmer-beneficiaries covered by P.D. 27 Executive Order No. 229, July 22, 1987, provided the mechanism for the implementation of the Comprehensive Agrarian Reform Program (CARP). Proclamation No. 131, July 22, 1987, which 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 P50 billion to cover the estimated cost of the program from 1987-1992. Executive Order No. 129-A, July 26, 1987, which streamlined and expanded the power and operations of the DAR. POST – 1986 AGRARIAN REFORM PRESIDENT CORAZON AQUINO (1986-1992) Republic Act No. 6657, also know as Comprehensive Agrarian Reform law (CARL) which was signed into law on June 10, 1988. This law instituted a comprehensive agrarian reform program to promote social justice and industrialization. Executive Order No. 405, June 14, 1990, which conferred in the Land Bank of the Philippines (LBP) the responsibility to determine land valuation and compensation for all lands covered by CARP. Executive Order No. 407, June 14, 1990, which accelerated the acquisition and distribution of agricultural lands, pasture lands, fishponds, agro-forestry lands and other lands of the public domain suitable for agriculture. POST – 1986 AGRARIAN REFORM PRESIDENT FIDEL V. RAMOS (1992-1998) Republic Act No. 7881 OF 1995, this law amended certain provisions of RA 6657 and exempted fishponds and prawns from CARP coverage. Republic Act No. 7905 of 1995, which strengthened CARP implementation Executive Order No. 363 of 1997, which prescribed the guidelines for the protection of areas non-negotiable for conversion and monitoring compliance with Section 20 of the Local Government Code Republic Act No. 8435 of 1997 (Agriculture and Fisheries Modernization Act AFMA), an act prescribing urgent related measures to modernize the agriculture and fisheries sectors of the country in order to enhance their profitability and prepare said sectors for the challenges of globalization through adequate, focused and rational delivery of necessary support services, appropriating funds therefor and for purposes. POST – 1986 AGRARIAN REFORM PRESIDENT FIDEL V. RAMOS (1992-1998) Republic Act 8532 of 1998, an act strengthening further the Comprehensive Agrarian Reform Program CARP, by providing augmentation fund therefor, amending for the purpose Section 63 of Republic Act No. 6657, otherwise known as “The CARP Law of 1988”. This law provided an additional P 50 billion for CARP and extended its implementation for another 10 years. PRES. JOSEPH ESTRADA (1998-2000) Executive Order NO. 151, September 1999 (Farmers’ Trust Fund), established the famers trust development program and provided institutional reforms and funds mechanisms for mobilizing long term private sector capital for rural development. Magkabalikat Para sa Kaunlarang Agraryo or MAGKASAKA POST – 1986 AGRARIAN REFORM PRES. JOSEPH ESTRADA (1998-2000) Agrikulturang Maka Masa achieved an ouput growth of 6%, which lowered the inflation rate from 11% in January 1999 to just a little over 3 % by November 1999. PRES. GLORIA MACPAGAL ARROYO Executive Order No. 379 s 2004, September 27, 2004, amending Executive Order No. 364 entitled Transforming the Department of Agrarian reform into the Department of Land Reform (DLR), which broadened the scope of the Department by making it responsible for all land reform in the country. Supervise and control the Philippine Commission on Urban Poor PCUP, responsible for the recognition of the ownership of ancestral domain by indigenous people, under the National Commission on Indigenous Peoples NCIP POST – 1986 AGRARIAN REFORM PRES. GLORIA MACPAGAL ARROYO Memorandum Circular No. 4 s of 2003 operationalized the development of Kapit-Bisig Laban sa Kahirapan Agrarian Zones (KAlAHI ARZones) Republic Act No.9700 s 2009, an act strengthening the Comprehensive Agrarian Reform Program extending the acquisition and distribution of all agricultural lands, instituting necessary reforms, amending for the purpose certain provisions of republic act no. 6657, otherwise known as the comprehensive agrarian reform law of 1988. POST – 1986 AGRARIAN REFORM PRES. BENIGNO SIMEON AQUINO Developed a plan of action for the implementation of the Comprehensive Agrarian Reform Program Extension with Reform (CARPER) focusing on: a. Coverage and distribution of agricultural lands; b. Movement and performance of Department of Agrarian Reform Personnel; c. Delivery of support services to the beneficiaries; and d. Budget allocation and utilization.
NATIONAL FEDERATION OF LABOR, Et Al., Petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION (5th Division), Et Al., Respondents. G.R. No. 127718 March 2, 2000