AGRARIAN REFORM FROM THE SPANISH

MODULE13: COLONIAL PHILIPPINES

“Land monopoly is not the only monopoly which exists, but it is by far the greatest of
monopolies; it is a perpetual monopoly, and it is the matter of all other forms of
monopoly.”
- Winston Churchill

OBJECTIVES. What will you learn from this module?

At the end of this module, you should be able to:

1. Enumerate the laws concerning to agrarian reforms and the importance of such
programs
2. Compare the Precolonial Period, Colonial Period, and Post Colonial period in
terms of Agricultural program and land ownership
3. Assess the importance of Agrarian Reforms by citing significant societal events

INTRODUCTION.

How is your learning experience? We have a new task and for today, I want you
to be a lawyer but we will focus on land territory. You need critical thinking,
communication and information literacy skills to do this challenge. We will learn the land
system of the Philippines from Pre colonial period up to this present time. Your task is to
study the strengths and weaknesses of each law so we can carefully plan and give
solution to our existing problems today. Good luck!

ANALYSIS. BINGO!

Complete the table below using the existing knowledge you have.

SYSTEM PERIOD IMPORTANCE

Encomienda

Free Agricultural
System

NARRA

Homestead System
(The Public Land of
1903)

NARIC of 1936

MODULE 13 | Agrarian Reform from Spanish Colonial Philippines to the Present 78

Check your answers below and count your scores right after.

SYSTEM PERIOD IMPORTANCE

There was a peace and

 Encomienda Colonial period (Spanish) order away from external
attacks but the
encomenderos abused
their power in collecting the
indios’ taxes.

Everyone can supply their

 Open to All Pre Colonial Period needs because everyone
System can access the fruits of the
soil.

Landless farmers and rebel

 NARRA Post Colonial (Ramon returnees were given home
Magsaysay) lots and farmlands.

 Homestead Colonial Period The people had more

System (The Public (American) chances of acquiring lands
Land of 1903) for agricultural purposes.

The price of rice and corn

 NARIC of 1936 Colonial Period (Manuel L. that helped the poor
Quezon) tenants as well as
consumers was established.

MODULE 13 | Agrarian Reform from Spanish Colonial Philippines to the Present 79

 LESSON13: AGRARIAN REFORM FROM THE SPANISH COLONIAL
PHILIPPINES

ABSTRACTION

Land Reform has gained great significance all over the world as it aims to
achieve social justice and full development of human dignity. Throughout time, the issue
of land reform has been persistent, demanding measures to stop social 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 serious
problems that have far-reaching effects on the early systems of landholding. The nature
inhabitants lost their ancestral domains to the colonialists.

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 settlements were ruled by chieftains or datus who comprised the
nobility. There were also the maharlikas (freemen), the aliping mamamahay (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 concept of encomienda to the Philippines.

Encomienda was a system of giving lands (Royal Land Grants) to the Spanish conquerors
that were loyal to the Spanish Monarch. As a matter of policy, encomenderos must
defend his encomienda from external attack, maintain peace and order within, and
support the missionaries. In turn, the encomenderos were given the right to collect taxes
(tribute) from the indios (natives). Because of this, encomenderos started to abuse their
power by renting their lands to a few powerful landlords, and the natives who once
freely cultivated the land became share tenants.

Agrarian Uprising (1745-46)

Taxation was not only the reasons for the revolts of the Filipinos during the Spanish
period, but the agrarian unrest as well. The Agrarian Revolt happened between 1745
and 1746 in Batangas, Laguna and Cavite, and Bulacan. The revolt happened in the
towns of Lian and Nasugbu in Batangas. The grabbing of lands by the Catholic religious
orders angered the native land owners and demanded that their lands be returned
based on ancestral domain. However, the Spanish priests refused which resulted to riots
and massive looting of convents and the burning down of churches and ranches. Troops
were sent from Manila to Batangas to quell the disturbance. The encounter was bloody
and those who surrendered were pardoned.

MODULE 13 | Agrarian Reform from Spanish Colonial Philippines to the Present 80

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

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 noteworthy regulations enacted during the American period.
These were the Philippine Bill of 1902, 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
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.

However, The Land Registration Act of 1902 did not completely solve the problem
of land registration under the Torrens system because the land owners might not have
been aware of the law or that they could not pay the survey cost and other fees
required in applying for a Torrens title.

Commonwealth Period (1935-1942)

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.

MODULE 13 | Agrarian Reform from Spanish Colonial Philippines to the Present 81

 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 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

During the Second World War (that started in Europe in 1939 and in the Pacific in
1941), the Hukbo ng Bayan Laban sa mga Hapon (HUKBALAHAP) controlled the areas of
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, while
landowners who supported the Japanese lost their lands to peasants. But this was short-lived
because it ended with the end of WWII.

The problem of land tenure in the Philippines remained even after the Philippine
Independence in 1946. To address the problem, the Philippine Congress revised the tenancy
law.

President Manuel L. Roxas (1946-1948)

During the 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 (1949-1953)

President Elpidio Quirino (1948-1953) issued 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.

President Ramon Magsaysay (1953-1957)

President 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. (c)
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. (d) Republic Act No. 821 (Creation of Agricultural Credit Cooperative

MODULE 13 | Agrarian Reform from Spanish Colonial Philippines to the Present 82

Financing Administration), which provided loans to small farmers and share tenants with
interest rates of as low as 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 Republic Act No. 3844 of

August 8, 1963 (Agricultural Land Reform Code) that abolished share tenancy,
institutionalized leasehold, set retention limit at 75 hectares, invested rights of preemption
and redemption for tenant farmers, provided for an administrative machinery for
implementation, institutionalized a judicial system of agrarian cases, incorporated extension,
marketing and supervised credit system of services or 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. During 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 the
Department of Agrarian Reform and the Agrarian Reform Special Account Fund and
expanded the scope of agrarian reform. (2) Presidential Decree 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
the Department of Agrarian Reform (DAR). (3) Presidential Decree No. 27, October 21, 1972,
restricted the land reform scope to tenanted rice and corn lands and set the retention limit
at 7 hectares.

President Corazon C. Aquino (1986-1992)

Article II, Sec. 21 of the 1987 Philippine Constitution provides that “The State shall
promote comprehensive rural development and agrarian reform.” With this, President Cory
Aquino signed into law the following: (1) Executive order No. 228, July 16, 1987, which
declared full and land ownership to qualified farmer-beneficiaries covered by PD 27. (2)
Executive Order No. 229, July 22, 1987, provided the mechanism for the implementation of
the Comprehensive Agraria Reform (CARP). (3) 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 Php 50 billion to cover
the estimated cost of the program from 1987-1992. (4) 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 instituted a comprehensive agrarian reform
program to promote social justice and industrialization. This law is still at work until the
present. (6) 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. (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 lands of the public domain suitable for agriculture.

MODULE 13 | Agrarian Reform from Spanish Colonial Philippines to the Present 83

President Fidel 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 an
adequate, focused and rational delivery of necessary support services, appropriating funds
therefore and for other purposes. (5) Republic Act 8532 of 1998, and 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 Php 50 billion for CARP
and extended its implementation for another 10 years.

President Joseph E. Estrada (1998-2000)

ERAP initiated the enactment of Executive Order No. 151, September 1999 (Farmer’s
Trust Fund), which established the farmers trust development program and provided
institutional reforms and fund mechanisms for mobilizing long term private sector capital for
rural development. President Estrada launched the Magkabalikat para sa Kaunlarang
Agraryo or MAGSASAKA. The DAR forged into joint ventures with private investors 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
that time.

President Gloria Macapagal Arroyo (2001-2010)

President Arroyo envisioned to make the countryside economically viable for the
Filipino family by building partnership and promoting social equity and new economic
opportunities towards lasting peace 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 placed the
Philippine Commission on Urban Poor (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 (NCIP). (2) Memorandum Circular
No. 4 series of 2003 operationalized the development of Kapit-Bisig Laban sa Kahirapan
Agrarian Reform Zones (KALAHI ARZones). (3) Republic Act No. 9700 s 2009, an 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 of 1988, as amended, and appropriating funds therefor.

MODULE 13 | Agrarian Reform from Spanish Colonial Philippines to the Present 84

President Benigno Simeon Cojuangco Aqiuno III (2010-2016)

President Benigno Simeon Cojuangco Aqiuno III (2010-2016) together with farmers,
Catholic Bishops, and other land reform advocates developed a plan of action for the
implementation 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 and performance of Department of Agrarian Reform personnel; (c) delivery of
support services to the beneficiaries; and (d) budget allocation and utilization.

President Rodrigo Roa Duterte (2016-Present)

The issue of land reform has been persistent even up to the present. The 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 Reform Council
(PARC), has included land tenure security in his 10-point socio-economic agenda to
improve the quality of life of farmers and raise their productivity.

APPLICATION
ROLE SWITCH! Imagine yourself as a Farmer, a Lawyer, a Senator, or maybe a
Secretary of Department of Agriculture. Assess the current situation of our laws
concerning the land ownership and the agricultural sector. You can create, revise or
discuss the importance of the existing laws you learned today. Look into the needs of the
farmers, the consumers especially the displaced minority groups in the Philippines today.
1 – Topic; 4 - Maximum laws you will create; 3 - Paragraphs

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MODULE 13 | Agrarian Reform from Spanish Colonial Philippines to the Present 85