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Excerpt from Monastic Supremacy in the Philippines"-
primary source, book
When the Spaniards came to the Philippines, the The Torrens system, which the Americans
concept of encomienda (Royal Land Grants) was instituted for the registration of lands, did not
introduced. This system grants that solve the problem completely. Either they were
Encomienderos must defend his encomienda not aware of the law or if they did, they could not
from external attack, maintain peace and order pay the survey cost and other fees required in
within, and support the missionaries. In turn, the applying for a Torrens title.
encomiendero acquired the right to collect
tribute from the indios (native). Commonwealth Period
“Government for the Filipinos”
The system, however, degenerated into abuse of
power by the encomienderos The tribute soon President Manuel L. Quezon espoused the "Social
became land rents to a few powerful landlords. Justice" program to arrest the increasing social
And the natives who once cultivated the lands in unrest in Central Luzon.
freedom were transformed into mere share
tenants. Significant legislation enacted during
First Philippine Republic Commonwealth Period:
“The yoke has finally broken”
Reading in Philippine History
* 1935 Constitution – "The promotion of social Japanese group, the HUKBALAHAP (Hukbo ng
justice to ensure the well-being and economic Bayan Laban sa Hapon).
security of all people should be the concern of
the State" Philippine Republic
* Commonwealth Act No. 178 (An Amendment “The New Republic”
to Rice Tenancy Act No. 4045), Nov. 13, 1936 –
Provided for certain controls in the landlord- After the establishment of the Philippine
tenant relationships Independence in 1946, the problems of land
* National Rice and Corn Corporation (NARIC), tenure remained. These became worst in certain
1936 – Established the price of rice and corn areas. Thus the Congress of the Philippines
thereby help the poor tenants as well as revised the tenancy law.
consumers.
* Commonwealth Act. No. 461, 1937 – Specified President Manuel A. Roxas (1946-1948) enacted
reasons for the dismissal of tenants and only with the following laws:
the approval of the Tenancy Division of the
Department of Justice. * Republic Act No. 34 -- Established the 70-30
* Rural Program Administration, created March sharing arrangements and regulating share-
2, 1939 – Provided the purchase and lease of tenancy contracts.
haciendas and their sale and lease to the tenants. * Republic Act No. 55 -- Provided for a more
* Commonwealth Act No. 441 enacted on June effective safeguard against arbitrary ejectment of
3, 1939 – Created the National Settlement tenants.
Administration with a capital stock of Elpidio R. Quirino (1948-1953) enacted the
P20,000,000. following law:
President Diosdado P. Macapagal (1961-1965) The Constitution ratified by the Filipino people
enacted the following law: during the administration of President Corazon C.
Aquino provides under Section 21 under Article II
* Republic Act No. 3844 of August 8, 1963 that “The State shall promote comprehensive
(Agricultural Land Reform Code) -- Abolished rural development and agrarian reform.”
share tenancy, institutionalized leasehold, set
retention limit at 75 hectares, invested rights of On June 10, 1988, former President Corazon C.
preemption and redemption for tenant farmers, Aquino signed into law Republic Act No. 6657 or
provided for an administrative machinery for otherwise known as the Comprehensive Agrarian
implementation, institutionalized a judicial Reform Law (CARL). The law became effective on
system of agrarian cases, incorporated extension, June 15, 1988.
marketing and supervised credit system of
services of farmer beneficiaries. Subsequently, four Presidential issuances were
released in July 1987 after 48 nationwide
The RA was hailed as one that would emancipate consultations before the actual law was enacted.
Filipino farmers from the bondage of tenancy.
President Corazon C. Aquino enacted the
President Ferdinand E. Marcos (1965-1986) following laws:
* Proclamation No. 1081 on September 21, 1972 * Executive Order No. 228, July 16, 1987 –
ushered the Period of the New Society. Five days Declared full ownership to qualified farmer-
after the proclamation of Martial Law, the entire beneficiaries covered by PD 27. It also
country was proclaimed a land reform area and determined the value remaining unvalued rice
simultaneously the Agrarian Reform Program was and corn lands subject of PD 27 and provided for
decreed. the manner of payment by the FBs and mode of
compensation to landowners.
President Marcos enacted the following laws: * Executive Order No. 229, July 22, 1987 –
Provided mechanism for the implementation of
Reading in Philippine History
the Comprehensive Agrarian Reform Program * Republic Act No. 7905, 1995 – Strengthened
(CARP). the implementation of the CARP.
* Proclamation No. 131, July 22, 1987 – * Executive Order No. 363, 1997 – Limits the type
Instituted the CARP as a major program of the of lands that may be converted by setting
government. It provided for a special fund known conditions under which limits the type of lands
as the Agrarian Reform Fund (ARF), with an initial that may be converted by setting conditions
amount of Php50 billion to cover the estimated under which specific categories of agricultural
cost of the program from 1987-1992. land are either absolutely non-negotiable for
* Executive Order No. 129-A, July 26, 1987 – conversion or highly restricted for conversion.
streamlined and expanded the power and * Republic Act No. 8435, 1997 (Agriculture and
operations of the DAR. Fisheries Modernization Act AFMA) – Plugged
* Republic Act No. 6657, June 10, 1988 the legal loopholes in land use conversion.
(Comprehensive Agrarian Reform Law) – An act * Republic Act 8532, 1998 (Agrarian Reform
which became effective June 15, 1988 and Fund Bill) – Provided an additional Php50 billion
instituted a comprehensive agrarian reform for CARP and extended its implementation for
program to promote social justice and another 10 years.
industrialization providing the mechanism for its President Joseph E. Estrada (1998-2000)
implementation and for other purposes. This law “ERAP PARA SA MAHIRAP’. This was the battle cry
is still the one being implemented at present. that endeared President Joseph Estrada and
* Executive Order No. 405, June 14, 1990 – made him very popular during the 1998
Vested in the Land Bank of the Philippines the presidential election.
responsibility to determine land valuation and
compensation for all lands covered by CARP. President Joseph E. Estrada initiated the
* Executive Order No. 407, June 14, 1990 – enactment of the following law:
Accelerated the acquisition and distribution of
agricultural lands, pasture lands, fishponds, agro- * Executive Order N0. 151, September 1999
forestry lands and other lands of the public (Farmer’s Trust Fund) – Allowed the voluntary
domain suitable for agriculture. consolidation of small farm operation into
medium and large scale integrated enterprise
President Fidel V. Ramos (1992-1998) that can access long-term capital.
When President Fidel V. Ramos formally took During his administration, President Estrada
over in 1992, his administration came face to face launched the Magkabalikat Para sa Kaunlarang
with publics who have lost confidence in the Agraryo or MAGKASAKA. The DAR forged into
agrarian reform program. His administration joint ventures with private investors into agrarian
committed to the vision “Fairer, faster and more sector to make FBs competitive.
meaningful implementation of the Agrarian
Reform Program. However, the Estrada Administration was short
lived. The masses who put him into office
President Fidel V. Ramos enacted the following demanded for his ouster.
laws:
President Gloria Macapacal-Arroyo (2000-2010)
* Republic Act No. 7881, 1995 – Amended
certain provisions of RA 6657 and exempted The agrarian reform program under the Arroyo
fishponds and prawns from the coverage of administration is anchored on the vision “To
CARP. make the countryside economically viable for the
Filipino family by building partnership and
Reading in Philippine History
promoting social equity and new economic
opportunities towards lasting peace and The younger Aquino distributed their family-
sustainable rural development.” owned Hacienda Luisita in Tarlac. Apart from the
said farm lots, he also promised to complete the
Land Tenure Improvement - DAR will remain distribution of privately-owned lands of
vigorous in implementing land acquisition and productive agricultural estates in the country that
distribution component of CARP. The DAR will have escaped the coverage of the program.
improve land tenure system through land
distribution and leasehold. Under his administration, the Agrarian Reform
Community Connectivity and Economic Support
Provision of Support Services - CARP not only Services (ARCCESS) project was created to
involves the distribution of lands but also contribute to the overall goal of rural poverty
included package of support services which reduction especially in agrarian reform areas.
includes: credit assistance, extension services,
irrigation facilities, roads and bridges, marketing Agrarian Production Credit Program (APCP)
facilities and training and technical support provided credit support for crop production to
programs. newly organized and existing agrarian reform
beneficiaries’ organizations (ARBOs) and farmers’
Infrastructure Projects - DAR will transform the organizations not qualified to avail themselves of
agrarian reform communities (ARCs), an area loans under the regular credit windows of banks.
focused and integrated delivery of support
services, into rural economic zones that will help The legal case monitoring system (LCMS), a web-
in the creation of job opportunities in the based legal system for recording and monitoring
countryside. various kinds of agrarian cases at the provincial,
regional and central offices of the DAR to ensure
KALAHI ARZone - The KALAHI Agrarian Reform faster resolution and close monitoring of
(KAR) Zones were also launched. These zones agrarian-related cases, was also launched.
consists of one or more municipalities with
concentration of ARC population to achieve Aside from these initiatives, Aquino also enacted
greater agro-productivity. Executive Order No. 26, Series of 2011, to
mandate the Department of Agriculture-
Agrarian Justice - To help clear the backlog of Department of Environment and Natural
agrarian cases, DAR will hire more paralegal Resources-Department of Agrarian Reform
officers to support undermanned adjudicatory Convergence Initiative to develop a National
boards and introduce quota system to compel Greening Program in cooperation with other
adjudicators to work faster on agrarian reform government agencies.
cases. DAR will respect the rights of both farmers
and landowners. President Rodrigo Roa Duterte (2016 – present)
President Benigno Aquino III (2010-2016) Under his leadership, the President wants to
pursue an “aggressive” land reform program that
President Benigno Aquino III vowed during his would help alleviate the life of poor Filipino
2012 State of the Nation Address that he would farmers by prioritizing the provision of support
complete before the end of his term the services alongside land distribution.
Comprehensive Agrarian Reform Program (CARP),
the centerpiece program of the administration of The President directed the DAR to launch the 2nd
his mother, President Corazon Aquino. phase of agrarian reform where landless farmers
Reading in Philippine History
would be awarded with undistributed lands
under the Comprehensive Agrarian Reform
Program (CARP).