AGRARIAN REFORM

DEFINITION
Agrarian reform refers to a government-led program or
policy aimed at redistributing land ownership, often from
large landowners or corporations to landless or
marginalized farmers. Its primary objectives typically
include promoting social justice, reducing rural poverty,
increasing agricultural productivity, and achieving more
equitable distribution of land and resources in a country's
agricultural sector. Agrarian reform measures can vary
widely and may include land redistribution, land tenure
security, support for agricultural development, and
related social and economic reforms to improve the lives
of rural communities.
 The pre-Spanish land situation - While pre-Spanish historical records are virtually non-existent, it appears
that there were various types of and patterns practiced in the Philippines.

(a) Land Patterns:

1. The tribal hunters and gatherers existed in their resource ranges then, much as they do now, with no
system of land ownership.

2. Shifting cultivators regarded all land as their public domain although they did not choose to cultivate all
of the available land.

3. The third category was those who practiced a type of sedentary culture. A rudimentary form of private
ownership was practiced but there were no formalized procedures for recognizing private ownership, such
as deeds, titles, or tax documents.

4. Finally, there was the Muslim system of land distribution in southern Philippines which is unique from the
pagan system.
History

(b) Social classes - Since the pre-Spanish Filipinos were not highly integrated
and fused into national unity because of the nature of their geography as well
as their society, they were found living in rather isolated groups called
"barangays". The people of each barangay were subdivided into three main
classes and were ruled over by a headman or datu. The three classes were: the
nobles (maharlika) who were otherwise known as freemen; the serfs of timawa,
and the slaves or the alipin. The nobles were free from tribute payment, could
own their own land, and paid few exactions to the chief, although they were
responsible to fight for him in times of interbarangay warfare.
. 2) Development of tenancy under Spain -
The initial Spanish policy was to recognize
all lands in the Philippines as part of the
public domain regardless of local
customs. As such, the crown was at liberty
to parcel out huge tracts of Philippine
land, including the resources and the
inhabitants thereof, to loyal civilians and
military servants as rewards.

A. ENCONMIENDA SYSTEM
B. RISE OF THE CACIQUE CLASS
C. EARLY REBELLIONS
D. CONFLICTS OVER LAND OWNERSHIP
ENCOMIENDA
SYSTEM
The Encomienda system was introduced in the
Philippines in 1558, following King Philip II's
decree, with the aim of facilitating pacification.
It involved the distribution of land in Cebu to
loyal Spanish subjects, with encomenderos
being granted the right to collect taxes from
local inhabitants. Encomenderos were also
tasked with protecting the natives, converting
them to Christianity, and promoting education.
However, this system often led to abuses by
encomenderos, resulting in conflicts with the
friars and disrupting peace and order in the
Philippines.
RISE OF THE
CASIQUE CLASS
he rise of the cacique class in the Philippines replaced
the Encomienda system by grouping barangays into
administrative units known as "pueblos" and
"municipios." Datus became "cabeza de barangay" or
"barrio tenientes," while the "pueblo" or "municipio"
was governed by a "gobernadorcillo." These
"cabezas" and "gobernadorcillos" formed the cacique
class. Over time, intermarriage with Spaniards created
a mestizo caste. Caciques gained stature in Spanish
officialdom and the common people. They were
granted the power to collect taxes, which increased
their influence but made them unpopular. Caciquism
became deeply rooted in Philippine society and
contributed to enduring agricultural issues.
EARLY REBELLIONS
As the cacique system expanded, it became
increasingly oppressive, resulting in sporadic
rebellions in the 18th century, notably in
agriculturally active regions like Central Luzon.
These uprisings were driven by factors such as
enforced labor, high head taxes, and
mandatory contributions to the church and
officials. Notably, land ownership disputes were
not the primary cause of conflict during this
period, as land was still abundant in the
Philippines, with such disputes becoming more
significant at a later time
CONFLICTS OVER
LAND OWNERSHIP
During the 19th century, conflicts over land
ownership in the Philippines intensified. The
Spanish government, which primarily imposed
a head tax rather than a land tax, issued two
decrees in 1880 and 1894, urging landholders
to secure legal titles to their land. The 1894
decree mandated land registration within one
year, leading caciques to swiftly register their
own holdings and exploit the less-informed
peasants.
 AMERICAN OCCUPATION
At the time of the American occupation, it was estimated that 400,000 Filipino peasants were left without
titles. Little reaI
alternatives were left for those dispossessed and most became tenants.

(e) Friar lands - another source of friction by the late 19th century were the amount of land held in grant
from the Spanish crown by the religious orders. The religious orders that were with the soldiers in the
holy mission to spread the faith were also rewarded not only with encomienda but with the authority to
rule over the new domain. It was with this authority that the friar lands came into being.

The Dominican, Augustinian, and Recollect orders all shared in large tracts of land, most being located in
the most populous area of the country. Tenants living in the church lands paid a tax known as "canon" to
the friars. Most extensive friar holdings were located near Manila in the populous provinces of Cavite,
Laguna, Rizal and Bulacan.
PHILIPPINE REOVOLUTION

(f) The Philippine Revolution - During the revolution, Church

estates were confiscated by Gen. Aguinaldo and landless
peasants were allowed to settle on church lands. Since the
revolutionary movement was cut short by the armed forces of
the United States in 1898, the close of the Spanish period
witnessed the majority of the agriculturally productive lands
still in the hands of the caciques and the friars and
a small minority of the land in the legal
possession of the peasants.
 LAND TENATURE SITUATION

3) The land tenure situation under the American rule, 1898-1935- At the
beginning of the period, the Spanish land records that had existed were either
destroyed or lost, leaving the legal situation with regard to holdings very
complicated.
(a) Actual increase in tenancy rate - An inescapable fact is that tenancy actually
increased during the period of American Control. From 1903 - 1938 land
ownership decreased by 31.6 0/0 from 80.8% to 49.2% while tenancy
increased by 15.8% from 19.2% to 35.0%. From 1918 to 1938 a 16.4%
decrease in the number of farms was also noted. This decrease was directly
attributed to the tendency toward the greater concentration farms in the
hands of the fewer individuals and the rapid increase in the number
operated under some form of tenancy.
(b) b) Purchase of friar lands - Realizing that the friar lands had been the major
source of irritation and since they occupied some of the best lands in the
country, the United States negotiated the purchase of 23 Friar Estates during
the early years of this century. The land was sub-divided and offered for sale
to the Filipinos residing on it at a rate of 8% interest over a 25-year period.
This program was not understood by the people. They could not fathom
why they should have to buy the land their parents and forefathers had
worked on and developed. It is safe to say that the purchase of the friar
lands did not begin to solve the tenancy problems in the Philippines. In
1938, the Church still controlled an estimated 41,782 hectares.
(c) Homesteading - The Public Land Act of July 1, 1902 became
effective on July 26, 1904 offering homestead plots not in
excess of 16 hectares to families who had occupied and
cultivated the tract they were residing in since August 1,1898.
Plots with the same size were promised to those who are
willing to relocate on lands of the public domain in other less
densely populated parts of the Philippines. This policy favored
the small holders since the largest plot obtainable by the
corporation was 1,024 hectares.
(d) Present rebellions and oppositions - As the tenancy
problem grew during the 1930s; several sporadic rebellions
broke out in the high tenancy areas of the Philippines. In 1931
the "Tayug incident" occurred during which armed peasants
looted and destroyed land records in the Tayug City Hall.
(e) Rice Share Tenancy Act (Act No. 4050) - In the face of these
uprisings, the government began to act. One of the most important
pieces of legislation during this period was the Rice Share Tenancy
Act of 1933. Its principal purpose was the regulation of tenancy
share contracts by establishing minimum standards.

f) Sugar Cane Tenancy Contracts Act (Act No 4113) The second

piece of legislation regulated the relationships of the landowners
and tenants on sugar lands.
COMMON WEALTH
4) During the Commonwealth Period - Indeed, the
agrarian problem festered for so long a time that the 1935
Constitution incorporated the cardinal principle on social
justice: "The promotion of the social justice to insure the
well-being and the economic security of all the people
should be the concern of the state". To give substance and
meaning to this principle, several laws were enacted to
protect the working class both in industry and agriculture.
Notable were:
a. Commonwealth Act No. 103, which created the court
of Industrial Relations originally also referred to as
agricultural workers.
b. Commonwealth Act No. 213, which define and
regulated legitimate labor organizations;
c. Commonwealth Act No. 178, 461 and 608, which gave
more protection to agricultural tenants under the Rice
Share Tenancy act.
JAPANESE OCCUPATION
5) Effects of the Japanese Occupation - The Japanese
occupation of the Philippines from late 1941 to around
1945 had a tremendous impact on the agrarian issue.
From the ranks of the peasant and labor organizations
and from the merger of the Communist Party of the
Philippines and the Socialist Party were born the Hukbong
Magpapalaya sa Bayan (HUKBALAHAP) in 1942 led by a
charismatic peasant leader, Luis Taruc. The Huks, in
addition to fighting the Japanese, also took up the cause
of the peasants against the landlords who often
collaborated with the Japanese to maintain their
dominant position.
HUKBALAHAP
6) Rise of the HUKBALAHAP - After the war, the Huks
were able to take advantage of the social unrest plaguing
the country, the complete demoralization of the people
after the war, and the surge of the lawlessness that swept
the country and the continuing peasant struggle for
agrarian reform which the Huks had become identified
with during the war. The Huks were able to establish a
"shadow" or "visible" government in the Central Luzon,
carried on elections, expropriated lands of collaborators,
and took crops from the division among peasants. The
chaotic economic situation at the time and the use of the
military by the landlords further discredited the
government in the eyes of the people. It was this kind of
situation that made the Huks stronger and closer to the
people.
POST-WAR
7) Post-War Attempts at Agrarian Reform - In 1946,
President Manuel Roxas proclaimed the Rice Share
Tenancy Act of 1933 effective throughout the country, but
problems of land tenure persisted and in certain areas
they become worse. Among the remedial measures
enacted was R. A. No 34 of 1946 providing for a 70-30
стор sharing arrangement and regulating share tenancy
contracts and R. A No. 1160 of 1954 establishing the
National Resettlement and Rehabilitation administration
to the settle landless dissidents and other landless
farmers. Act of 1954 (R.A. No. 1199).
AGRITURAL ACT OF
TENANCY
a. The Agricultural Tenancy Act of 1954 (R.A. No. 1199).
In September 1954, during the term of the President
Ramon Magsaysay, the Congress through his instance
passed the Agricultural Tenancy act (R.A. No. 1199 as
amended by R.A No. 2263) which allowed for the
division of crops on the following basis:

LAND 30% LABOR % ANIMALS 5% IMPLEMENTS 5%

FINAL HARROWING 5% TRANSPLANTING 25%

 LAND REFORM ACT
b. Land reform act of 1995 (R.A. No. 1400) was enacted. Through the
administrative agency created by the Act, the Land Tenure
Administration, the following problem was envisaged:
1. Reduction of large landholdings and consolidation of smaller,
uneconomic holdings into plots of adequate size;

2. Resettlement of tenants in areas of abundant lands;

3. Provision of adequate credit facilities for the small landholders;

4. Reduction of rental and interest rates in order to provide

5. security for those who would remain tenants; Securing of land

titles for small holders; and . Reform of the property tax structure.
6. The Act caused a great deal of controversy because it
sought to strike at the basis of the economic and political
power of the major portion of the Philippine elite-large
landholdings. But it was again circumscribed at the
insistence of the landlords. President Magsaysay wanted
the retention limit down to 150 hectares but the landlords
saw to it that only estates comprising an excess of 300
contiguous hectares could be expropriated. The law had
been so effectively short circulated that between 1955 to
1962, only 41 estates had been purchased totaling a mere
19,155 hectares.
LAND RESETTLEMENT
c. Land resettlement as a solution – The availability of
the land for resettlement purposes has always been
stressed by so- called experts. They claim that vast
amount of land exist to accommodate the tenants who
want to move out. Resettlement as a solution has been
so much emphasized that it has in reality been an
obstacle to the continued progress of land reform and
the regulation of tenancy. It has been used by landlord
politicians precisely to draw attention away from the
failure of the government to enact more direct feasible
and substantial form of agrarian reform.
AGRICLUTURAL LAND
REFORM
d. The Agricultural Land Reform Code of 1963 (R.A. No.
Diosdado Macapagal, R.A. No. 3844, otherwise known
as the Agricultural Land Reform Code, was passed by
Congress. It was supposed to be a historic breakthrough
in agrarian reform for it sought to abolish and outlaw
share tenancy and put in place the agricultural leasehold
system. It likewise provided for the eventual
expropriation and subdivision of big landed estates and
their resale at cost and on installment to landless tillers.
It likewise reduced the limit to 75 hectares.
 AMENDMENTS
e. Amendments to the Agricultural Land Reform Code (R.A. No.
6389) - On September 10, 1971, upon pressure of peasant
organization demonstrators who picketed for 84 days in front of
the Legislative Building, Congress passed further amendments to
the Agricultural Land Reform Code. The main features of the new
amendments were
1. Abolition of personal cultivation and conversion to residential
subdivision as grounds for the ejectments of tenants;
2. Automatic conversion of all share-tenants in the Philippines to
leasehold tenants with some exceptions and qualifications;
3. Creation of the Department of Agrarian Reform;
4. Right of the tenant on land converted to residential
subdivisions to demand a disturbance compensation On
Equivalent to five times the average gross harvest for the past
three agricultural years.;
5. Increase financing for the land reform program; and 6.
Crediting of rentals in favor of the tenant against the just
compensation that he would have to pay in case the land was
expropriated by the government for resale to the tenant.
f. Agrarian Reform Special Fund Act (R.A. No. 6369) - This companion
measure which was approved on the same date, created an agrarian
reform special account to finance the Agrarian Reform Program of the
Government.
a. Presidential Decree No. 2 - Five days later, on September 26, 1972, he issued
Presidential Decree No. 2 declaring the entire Philippines as land reform area. b.
Presidential Decree No. uouL - angle Z on October 21, 1972, exactly one month after
the declaration of martial law, President Marcos signed Presidential Decree No. 27,
"emancipating the tenant-farmers from the bondage of the soil." In one stroke, tenant-
farmers in all private agricultural lands primarily devoted to rice and corn were
deemed owners of they were tilling. It was a very bold step taken toward hastening the
full implementation and realization of agrarian reform. And it was made possible due
to the extraordinary powers the president exercised under martial law. c. Several other
decrees on agrarian reform were issued by the President under his martial law powers
and the legislative authority granted to him by the Amendment No. 6 to the 1973
Constitution.
9)
Under the 1987 Constitution - The present Constitution took effect
immediately upon its ratification by the people on February 2, 1987. It
repealed the Provisional Constitution promulgated under Proclamation
No. 3 of President Corazon Aquino following the installation of a
revolutionary government.

a. In the exercise of her legislative power under the Provisional

Constitution (Art. II Sec. 1, thereof) recognized by the new
Constitution (in Art XVIII, Sec.6, thereof) the President issued one
proclamation and three executive orders on agrarian reform.

1. On July 22,1987, or five (5) days before the opening of the New
Congress, she signed Proclamation No. 131 instituting a
Comprehensive Agrarian Reform Program (CARP) and Executive No.
229 providing the mechanism needed initially to implement the
program.
1. On July 22,1987, or five (5) days before the opening of the New
Congress, she signed Proclamation No. 131 instituting a
Comprehensive Agrarian Reform Program (CARP) and Executive No.
229 providing the mechanism needed initially to implement the
program.
The other presidential issuances on agrarian reform are Executive Order
No. 129-A (dated July 26, 1987) "reorganizing and strengthening the
Department of Agrarian Reform and for other purposes; and Executive
Order No. 228 (dated July17, 1987) "declaring to full land ownership to
qualified farmer beneficiaries covered by Presidential Decree No. 27;
determining the value of remaining unvalued rice and corn lands
subject to P.D. No. 27; and providing the manner of the payment by the
farmer

beneficiary and mode of compensation to the landowner." The primary

governing law on agrarian reform at present is Republic Act No. 6657,
otherwise known as the Comprehensive Agrarian Reform Law (CARL) of
1988 (dated June 10,1988)" an act instituting a Comprehensive
Agrarian Reform Program
b. to promote social justice and industrialization, providing the
mechanism for its implementation and for other purposes."
Presidential Decree No. 27 and Executive Orders No. 228 and No.
229 and other laws not inconsistent with the Act shall have only
supplementary effect. This means that only the provisions thereof
which are not inconsistent with the act shall continue to be in force
while those inconsistent with it are repealed or amended
accordingly.

Under the 1987 Constitution - The present Constitution took effect

immediately upon its ratification by the people on February 2, 1987.
It repealed the Provisional Constitution promulgated under
Proclamation No. 3 of President Corazon Aquino following the
installation of a revolutionary government.

a. In the exercise of her legislative power under the Provisional

Constitution (Art. II Sec. 1, thereof) recognized by the new
Constitution (in Art XVIII, Sec.6, thereof) the President issued one
proclamation and three executive orders on agrarian reform.
1. On July 22,1987, or five (5) days before the opening of the New
Congress, she signed Proclamation No. 131 instituting a
Comprehensive Agrarian Reform Program (CARP) and Executive No.
229 providing the mechanism needed initially to implement the
program. The other presidential issuances on agrarian reform are
Executive Order No. 129-A (dated July 26, 1987) "reorganizing and
strengthening the Department of Agrarian Reform and for other
purposes; and Executive Order No. 228 (dated July17, 1987) "declaring
to full land ownership to qualified farmer beneficiaries covered by
Presidential Decree No. 27; determining the value of remaining
unvalued rice and corn lands subject to P.D. No. 27; and providing the
manner of the payment by the farmer beneficiary and mode of
compensation to the landowner." b. The primary governing law on
agrarian reform at present is Republic Act No. 6657, otherwise known
as the Comprehensive Agrarian Reform Law (CARL) of 1988 (dated
June 10, 1988)" an act instituting a Comprehensive Agrarian Reform
Program
1. On July 22,1987, or five (5) days before the opening of the New
Congress, she signed Proclamation No. 131 instituting a Comprehensive
Agrarian Reform Program (CARP) and Executive No. 229 providing the
mechanism needed initially to implement the program. 2. The other
presidential issuances on agrarian reform

are Executive Order No. 129-A (dated July 26, 1987) "reorganizing and
strengthening the Department of Agrarian Reform and for other
purposes; and Executive Order No. 228 (dated July17, 1987) "declaring
to full land ownership to qualified farmer beneficiaries covered by
Presidential Decree No. 27; determining the value of remaining
unvalued rice and corn lands subject to P.D. No. 27; and providing the
manner of the payment by the farmer beneficiary and mode of
compensation to the landowner." b. The primary governing law on
agrarian reform at present is Republic Act No. 6657, otherwise known
as the Comprehensive Agrarian Reform Law (CARL) of 1988 (dated June
10,1988) an act instituting a Comprehensive Agrarian Reform Program