LESSON3

AGRARIAN REFORM FROM THE SPANISH COLONIAL PHILIPPINES

TO THEPRESENT

LAND REFORMhas gained great significance all over the world as it aims to
a
sOcial justice and full development of human dignity. Throughout time, the issue or ldt
reform has
has bee
reform een
persistent, demanding stop social
measures to unrest. Worst scenarios
were observed during the colonial era when the Spanish colonizers introduced new
land-holding systems to caciques. The introduction of Torrens system created serio
that have far-reaching effects onthe ystems of landholding. The
problems
problem
early
inhabitants lost their ancestral domains to the colonialists.
nature

The poor economic and social conditions of the peasants in the Philippines need

immediate agrarian reform measures by the Philippine government.

PRE-SPANISH PERIOD
Filipinos already lived in villages and barangays even before the Spaniards came
to the Philippines. The settlement:s were ruled by chieftains or datus who comprised
the nobility. There were also the maharlikas (freemen), the aliping mamamanay
(serfs) and aliping saguiguilid (slaves). Despite the existence of a social structure,
everyone had access to the fruits of the soil. Rice was the medium of exchange
as

money was yet unknown.

SPANISH PERIOD [1521-1896]

The Spaniards introduced the conceptof encomienda to the Philippines. Encomienda
was a system of givinglands (Royal Land Grants) to the Spanish conquerors that were

loyal the Spanish monarch. As a matter of policy, encomenderos must defend his
to
encomienda from external attack, maintain peace and order within, and support the
missionaries.An turn, the encomenderos were given the right to collect taxes (tribute)
from the indios (natives). Because of this, encomenderos started to abuse their power
few powerful landlords, and the natives who once freely
by renting their lands to a

cultivated the land became share tenants.

 AGRARIAN UPRISINGS (1745-46) Filipinos
during the :
during
Spaniet
Spanish
revolts ofthe
ofthe between
1745 and
axation was not e a s o n s for
the
only the rreasons
e happened

but the agraria A g r a r i a n

Revolt the
in th towns
period, Dut agrarian unrest as well. The
happened
revolt
The
1746 in Batangas, Laguna and Cavite, and
Bulacan.

the
Ca
C at
thho
olli
icc religious orders
r e l n g i o u s orders
rel

of Lian and Nasugbu in lands by

grabbing of lands
returned
ased on
base
Bàtangas. The
Datangas.
Thegrabbing
their
lands be
nati
angered the native lands o w n e r s and d e m a n d e d that which
riots and
r e s u l t e d to riots and
refused
domain. However, the Spanish priests ranches. Iroops were
ancestral churches and
burning down of bloody and
of c o n v e n t s and the was
V e looting the disturbance.
The
encounter

to Batangas to quell
Vdnlla

those who surrendered were pardoned. notably Biñan

provinces,
resonated in other towns of the neighboring
1 h e agrarian
E priSing San Mateo, Taguig, Parañaque, and Hagonoy.
mus, Silang, Kawit, Bacoor, the
judge of Royal
VI who appointed Oidor (a
reached the ear of King Philip charges
the
LCEs Enriquez to investigate
Audiencias and Chancillerías) Pedro Calderon
validity of their titles to the
to ascertain the
brought against the religious orders and titles to a secular judge, but
lands in question. The friars were ordered to submit their
opposition their
ecclesiastical exemption. In the face of
refused to comply, claiming w e r e said to have
the friars of the lands which
the governor general dispossessed
to hold without
continuing
illegally occupied by the friars and which they
were
been
the friars to
the Crown. The case was appealed by
legitimate title, restoring the lands to
the first decision; then the case
the Royal Audiencia of Manila and that tribunal upheld
the decision was
was further appealed to the Council of
the Indies in Spain and again
the friars won their
confirmed. But the whole matter did not stop here; subsequently,
case and retained the disputed lands, and
their ownership of the lands remained intact
even after the end of the Spanish regimne.

THE FIRST PHILIPPINE REPUBLIC

When Gen. Emilio Aguinaldo came to power in 1899, the Malolos Constitution which
they crafted intended to confiscate the so-called Friar lands and other large estates. .

However, the First Philippine Republic was short-lived so that the plan to confiscate the
lands was never executed.

AMERICAN PERIOD (1898-1935]

There were some noteworthyregulations enacted during the American period.
These were the Philippine Bill of1902, which set the ceilings on the hectarage of private
individuals to 16 hectares, and 1,024 hectares for corporations. The 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
svstem 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.

RFAnU
 However, The Land Registration Act of 1902 did not completely solve the problem
of land registration under the Torrens
system because the lands owners might nor nav
been aware of the law or that they could not
pay the survey cost and other fees reguireu
in applying for a Torrens title.

COMMONWERALTH PERIOD11935-1942]
During this period, President Manuel L. Quezon advocated the Social Justice
program
to block the increasing social unrest in Central Luzon. Significant legislations enacted
during Commonwealth period were the following:
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 Act No. 178 (An Amendment 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
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.

JAPANESE OCCUPATION
and in the Pacific
During the Second World War (that started in Europe in 1939
areas of
in 1941), the Hukbo ng Bayan Laban sa Hapon (HUKBALAHAP) Ccontrolled the
Central Luzon. The HUKBALAHAP was composed of peasants and workers who took up
arms against the Japanese forces. Peasants who supported them earned fixed rentals,
this was
while landowners who supported the Japanese lost their lands to peasants. But
short-lived because it ended with the end of WWII.
The problems of land tenure in the Philippines remained even after the Philippine
in 1946. To address the problem, the Philippines Congress revised the
Independence
tenancy law.

PRESIDENT MANUEL ROXAS [1946-1948]

During Roxas' administration, the following laws were enacted: 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.
 PRESIDENT ELPIDIO QUIRINO (1948-1953)
Executive Order No. 355 on October 23, 1950
resident Elpidio Quirino (1948-1953) issued Land Settlement Development
the National Land Settlement Administration with
placed Agricultural of the
the responsibilities
Oporation (LASEDECO) that took over

C E y bquipment Corporation and the Rice

and Corn Production Administration.

PRESIDENT RAMON MAGSAYSAY [1953-1957)

restdent Ramon Magsaysay (1953-1957) enacted the following laws: (a) Republic Act No.
1160 of 1954, which abolished the LASEDECO and established the National Resettlement
and Rehabilitation Administration (NARRA) to resettle dissidents and landless farmers. It
was particularly aimed at rebel returnees providing home lots and farmlands in Palawan and
Mindanao. (b) 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. It also created the Court of Agrarian Relations. () Republic Act No. 1400
Land Reform Act of 1955), which created the Land Tenure Administration (LTA) that was
the
Tesponsible for acquisition and distribution of large tenanted rice and
200 hectares for individuals and 600
corn lands over

corporations. (d) Republic Act No. 821

hectares for
(Creation of AgriculturalCredit Cooperative Financing Administration), which provided
loans to Small farmers and share tenants with interest rates of as low six to
eight percent.

PRESIDENT CARLOS P. GARCIA (1957-1961

President
Carlos P. Garcia (1957-1961) who succeeded the
presidency after the death
of President Ramon
Magsaysay continued the program.

PRESIDENT DIOSDADO MACAPAGAL (1961-1965

President Diosdado Macapagal (1961-1965) enacted
1963 (Agricultural Land Reform
Republic Act No. 3844 of August 8,
Code) that abolished share tenancy,
leasehold, set retention limit at 75 hectares, invested institutionalized
for
rights of preemption
and redemption
tenant farmers, provided for
administrative machinery for
an

institutionalized a judicial system of agrarian cases, implementation,

and
incorporated extension, marketing
supervisedcredit system of services of farmer beneficiaries.

PRESIDENT FERDINAND MARCOS (1965-1986]

The Philippines
"New Society" (Kilusang Bagong Lipunan) was ushered
in by the
proclamation of Martial law (Proclamation No. 1081) on September 21, 1972.
Durino
this time, the Agrarian Reform program was put into law and land reform
program was
implemented. In the events the followed, President Marcos decreed the following: (1)
Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 that created

102 READINGS IN PHILIPPINE HiSTORY

. Department of Agrarian Retorm and the Agrarian Reform Special Account Fund and
thei

erpanded the scope of agrarian reform. (2) Presidential Decree No. 2, September 26, 1972,
expar
clared the country under land retorm program andactivated the Agrarian Reform
decle

oordinating Council. All government agencies were ordered to fully cooperate and
asist the Department of Agrarian Reform (DAR). (3) Presidential Decree No. 27, October
assist
71. 1972, restricted the land reform scope to tenanted rice and corn lands and set the
hectares.
retention limit at 7

PRESIDENT CORAZON C. AQUINO (1986-1992)]

Constitution provides that "The State shall
Article I, Sec. 21 of the 1987 Philippine
rural development and agrarian reform." With this, President
promote comprehensive
Executive Order No. 228, July 16, 1987,
CoryAquino signed into law the following: (1)
farmer-beneficiaries covered by PD 27. (2)
which declared full land ownership to qualified
the mechanism for the implementation
Executive Order No. 229, July 22, 1987, provided
of the Comprehensive Agrarian Reform Program (CARP).
(3) Proclamation No. 131,
of the government. It
July 22, 1987, which instituted the CARP as major program
a

with an initial
provided for a special fund known as the Agrarian Reform Fund (ARF),
from 1987-1992. (4)
amount of Php50 billion to cover the estimated cost of the program
Executive Order No. 129-A, July 26, 1987, which streamlined and expanded the power
and operations of the DAR. (5) Republic Act No. 6657, also known as the Comprehensive

Agrarian Reform Law (CARL) which was signed into law on June 10, 1988. This law
and
instituted a comprehensive agrarian reform program to promote social justice
industrialization. This law is still at work until the present. (6) Executive Order No.

which conferred in the Land Bank of the Philippines (LBP) the

405, June 14, 1990,
responsibility to determine land valuation and compensation for all lands covered by
CARP. (7) Executive Order No. 407, June 14, 1990, which accelerated the acquisition
and distribution of agricultural lands, pasture lands, fishponds, agro-forestry lands
and other 1lands of the public domain suitable for agriculture.

PRESIDENTFIDEL V. RAMOS[1992-1998]
President Fidel V. Ramos (1992-1998) enacted laws that would promote a more
meaningful agrarian reform program. These laws include, (1) Republic Act No. 7881 of
1995. This law amended certain provisions of RA 6657 and exempted fishponds and
prawns from CARP coverage. (2) Republic Act No. 7905 of 1995, which strengthened CARP
implementation. (3) 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. 4) 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

READINGS IN PHILIPPINE HiSTORY 103

 services, appropriatino
s e r v i c e s , apPpropriatine

of necessary support
adequate, focused and
rational
funds therefor and for other
an delivery
purposes. ct strengthening
(5) Republic Act 8532 of 1998, an act strengthenino
nentation

Reform Program
(CARP), byproviding augmentation
furtherthe ComprehensiveAgrarian Act No. 6657, otherwiseotherwise
Section 63 of Republic
fund therefor, amending for the purpose billion for
Php50 billion
an additional
known as The CARP Law of 1988". This law provided
CARP and extended its implementation for another 10 years.

PRESIDENT JOSEPH E. ESTRRDA (198-200)

Order NO. 151, September
ERAP initiated the enactment of Executive
(Farmers 1999
and provided
Trust Fund), which established the farmers trust development program
institutional reforms and fund mechanisms for mobilizing long term private sector

capital for rural Estrada launched the Magkabalikat para sa

development. President
Kaunlarang Agraryo or MAGKASAKA. The DAR forged into joint ventures with private
nvestors into agrarian sector. The "Agrikulturang Maka Masa" was also launched that
achieved an output growth of 6 percent, which lowered the inflation rate from 11 percent
in January 1999 to just a little over 3 percent by November of the same year. This was a
record high at the time.

PRESIDENTGLORIA MACAPACAL-ARROYO [2001-2010]

Pres. Arroyo envisioned to make the countryside economically viable for the
Filipino family by building partnership and promoting social equity and new economic
opportunities towards lastingpeace and sustainable rural development. So, on September
27, 2004, President Gloria Macapagal-Arroyo, signed (1) Executive Order No. 379 s
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. It also
the Philippine Commission on Urban Poor placed
(PCUP) under its supervision and control.
DLR was also
responsible for the recognition of the ownership of ancestral domain by
indigenous peoples, under the National Commission on Indigenous Peoples
Memorandum Circular No. 4 series of 2003
(NCIP). (2)
operationalized the development of Kapit-
Bisig Laban sa
Kahirapan Agrarian
Reform Zones (KALAHI ARZones). (3)
No. 9700 s 2009, an act Republic Act
strengthening the Comprehensive Agrarian Reform Program
(CARP), 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 ot 1988, as
appropriating funds therefor.
amended, and
ORESIDENT BENIGNO SIMEON COJUANGCO AQUINO NI (2010-2016)
President Benigno Simeon Cojuangco Aquino II (2010-2016) together with farmers,
Catholic bishops, and other land reform advocates developed a plan of action for the
inplementation of the Comprehensive Agrarian Reform Program Extension with
Reforms (CARPER). Aquino established the multi-stakeholders mechanism, composed of
representatives from the Department of Agrarian Reform and other CARP implementing
agencies of the government, Church officials, non-governmental organizations, peoples
organizations, and other farmers' groups and federations to monitor the implementation
of the CARP, specifically focusing on: (a) coverage and distribution of agricultural lands;
(b)movement andperformance of Department of Agrarian Reformpersonnel; ()delivery
of support services to the beneficiaries; and (d) budget allocation and utilization.

PRESIDENTRODRIGO ROA DUTERTE (2016-PRESENT]

time. The
The issue of land reform has been persistent even up to the present
current Duterte administration is committed to pursuing
the agrarian reform program

in the country. President Duterte, who is also the

chairman of the Presidential Agrarian
socio-economic
Reform Council (PARC), has included land tenuresecurity in his 10-point
and raise their productivity.
agenda to improve the quality of life of farmers