CHAPTER 15 AGRARIAN REFORM KEY TERMS Agrarian Reform

CHAPTER 15 AGRARIAN REFORM

KEY TERMS -Agrarian Reform -Capitalized Net Income -Comparable Sale -Comprehensive Agrarian -Reform Program -Compulsory Acquisition -Fair Market Value -Just Compensation -Operation Land Transfer - Land Reform - Land Value - Regular Farm Worker - Seasonal Farm Worker - Social Justice - Voluntary Land Transfer - Voluntary Offer to Sell

Land- is one of the factors of production. Land reform law was first implemented by former President Diosdado Macapagal in 1963 through R. A. No. 6389 and R. A. No. 639. During the time of former President Corazon C. Aquino, she signed R. A. No. 6657 otherwise known as the Comprehensive Agrarian Reform Law (CARL).

Agrarian Reform in The Philippines The 1987 Philippines Constitution, Article II, Sec. 21 says that “The State shall promote comprehensive rural development and agrarian reform”. The present agrarian reform law implemented nationwide is the Republic Act No. 6657 otherwise known as The comprehensive Agrarian Reform Law , signed into law by the former President Corazon C. Aquino and implemented the government program known as Comprehensive Agrarian Reform Program.

Precolonial Times Before the Spaniards came to the Philippines, land was practically owned by the community known as barangay ruled by a chief or datu. Land cultivation was done commonly by slash-and-burn (kaingin) method.

Spanish Era When the Spanish came to the Philippines , the colonial government introduced a pueblo agriculture. A pueblo agriculture is a system wherein native rural communities is given certain hectares of land to cultivate.

During this period, the Spanish crown awarded vast tracts of land , to wit: 1. Friar land for religious order; 2. repartimientos for lands granted to the Spanish military as a reward for their service; 3. encomienda where a large tract of land was given to Spanish (encomienderos) to manage and have the right to receive tribute from the natives tiling it.

American Era During the American period, significant legislation were enacted which include: 1. Philippine Bill of 1902. -This law provides regulation on the disposal of public lands wherein a private individual can own 16 hectares of land while the corporate land holdings can avail of 1, 024 hectares.

Compras y vandalas: A system was practiced wherein tillers were made to compulsory sell at very low price or surrender their agricultural harvest to Spanish authorities and the encomienderos can resell it for profit.

2. Land Registration Act of 1902 or Act No. 496. -This provided for a comprehensive registration of land titles under the torrens system. 3. Public Land Act of 1933. -This introduced the homestead system in the Philippines, thus, allowing an enterprising tenant to acquire a farm of at least 16 hectares to cultivate.

Aside from the Torrens system , the Americans also introduced the ff. laws: 1. Rice Share Tenancy Act of 1993 or Act no. 4054 -This regulated relationship between landowners and tenant of rice, and the first law to legalize a 50 -50 crop sharing arrangement.

Commonwealth Period -Significant legislation enacted during the commonwealth period includes: 1. The 1935 Constitution -To provide specific provisions on the promotion of social justice to ensure the well-being and economic security of all people should be the concern on the State. 2. Commonwealth Act no. 178 ( Amendment to Rice Tenancy Act no. 4045), Nov. 13, 1936. It provided for certain controls in the landlord-tenant relationships.

2. Sugarcane Tenancy Contract Act of 1933 or Act no. 4113 This regulated relationship between landowners and tenants of sugarcane fields, required tenancy contracts on land planted with sugarcane. 3. Friar Land Act or Act no. 1120 -This provided the administrative and temporary and selling of friar land to its tillers.

3. Commonwealth Act no. 461 of 1937 It specified the dismissal of tenant should first have the approval of the Tenancy Division of Department of Justice.

President Manuel L. Aquino espoused the ”social justice” program to arrest the increasing social unrest in Central Luzon. His social justice program focused on the ff. 1. Purchase of large haciendas to be divided and sold to tenants; 2. Establishment of National Rice and Corn Corporation that sets for price of rice and corn. 3. Assigning of public defenders to assist peasants in court battles for their right to till the land;

4. Setting up the Court of Industrial Relations (CIR) to exercise jurisdiction over disagreements arising from agri-workers and landowner relationship; 5. Amendment to the Rice Tenancy Act (Act No. 4054) which had a built-in section (Sec. 29) hindering its full implementation; 6. National Land Settlement Administration (NLSA), created through Commonwealth Act. No. 441, to continue the Homestead Program; and

Japanese Era During the Japanese occupation, p. Easants and workers organized the Hukbong Bayan Laban sa mga Hapon (HUKBALAHAP) on which they took over vast tracts of land gave the land harvest to the people. For them, the war was a golden opportunity for people’s iniative to push pro-poor programs. Landlords were overpowered by the peasants but unfortunately at the end of the war, through the help of the military police and civilian guards, landlords were able to retrieve their lands from the HUKBALAHAP.

THANK YOU

The Philippine Republic Series of revolts joined mostly by the peasant workers led to the Philippine Independence in 1946, however, the problem of land tenured still remained.

President Manuel A. Roxas Significant legislations enacted are the ff. 1. Republic Act. No. 34 - It established the 70 -30 sharing arrangement and regulated sharetenancy contracts. The 70% of the harvest will go to the person who shouldered the expenses for planting, harvesting, and for the work animals.

2. Republic Act No. 55 - It provided for a more effective safeguard against arbitrary ejectment o tenants.

President Elpidio R. Quirino He enacted Executive Order No. 335 on October 23, 1950. It preplaced the National Land Settlement Administration with Land Settlement Development Corporation (LASEDECO) which took over the responsibilities of the Agricultural Machinery Equipment Corporation and the Rice and Corn production Administration. The LASEDECO was establish to accelerate and expand the peasant resettlement program of the government.

President Ramon Magsaysay He enacted the ff. laws: 1. Republic act no. 1160 (1954)- Free distribution, resettlement, and rehabilitation of agricultural lands, an act abolishing the LASADECO and establishing the National settlement and Rehabilitation Administration (NARRA) to resettle dissidents and landless farmers.

2. Republic Act No. 1199 (Agricultural Tenancy Act o 1954). It governed the relationship between landowners and tenant farmers by organizing share tenancy and leasehold system. The law helped protect the tenurial rights of tenant tillers and enforced fair tenancy practices.

3. Republic Act No. 1400 (Land Reform Act o 1955 or known as land to the landless Program). It created the land Tenure Administration (LTA) which was responsible for the acquisition and distribution of large tenanted rice and corn lands over 200 hectares for individuals and 600 hectares for corporations.

4. Republic Act no. 821 (Creation of agriculture credit cooperative financing administration). Provided mall farmers and share tenants loans with low interest rates o six to eight percent. 5. Republic Act. No. 1266 (1955)- it expropriated hacienda Del Rosario, situated at Valdefuente, Cabanatuan city.

President Carlos A. Garcia President Garcia continued to implement the land reform program of president Magsaysay.

President Diosdado P. Macapagal He enacted Republic Act No. 3844 on august 8, 1963 (agricultural land reform code). This was considered to be the most comprehensive piece of agrarian reform legislation ever enacted in the country.

President Ferdinand E. Marcos He enacted the ff. laws: 1. President Decree No. 2, Septembe 26, 1972 It declared the country under land reform program. It enjoined all agencies and offices of the government to extend full cooperation and assistance to the Department of Agrarian Reform (DAR). It also activated the Agrarian Reform Coordinating Council.

2. Presidential decree No. 27, October 21, 1972 - It restricted land reform scope to tenanted rice and corn lands and set the retention limit at 7 hectares.

President Corazon C. Aquino Legislation and issuances passed are the ff. : 1. Executive Order No. 228, July 16, 1987 - this declared full ownership to qualified farmer beneficiaries covered by PD 27. 2. Executive Order No. 229, July 2, 1987 - It provided mechanism for the implementation of CARP.

3. Executive Order No. 129 -A, July 26, 1987 - It reorganized the DAR, and streamedlined and expanded the power and operations of the said department. 4. Proclamation 131 - It instituted CARP as a major program of the government. It provided for a special fund known as the AGRARIAN REFORM FUND (ARF) in the amount of 50 billion pesos to cover estimated cost of the program for the period 1987 -1997.

5. Republic Act No. 6657, June 10, 1988 9 Comprehensive Agrarian Reform Law)- this is an instituting a comprehensive agrarian reform program to promote social justice and industrialization providing the mechanism for its implementation and for other purposes.

6. Executive Order No. 405, June 14, 1990 it vested in the land Bank o the Philippines the responsibility to determine land valuation and compensation for all land covered by CARP in order for DAR to concentrate its effort on the identification of landholdings and beneficiaries, the distribution of acquired lands and the other subcomponents of the program.

7. Executive Order No. 407, June 14, 1990 - It accelerated the acquisition and distribution of agricultural lands, pasture lands, fishponds, agroforestry lands, and other lands of public domain suitable for agriculture.

President Fidel V. Ramos Key accomplishment of President Ramos include: 1. Republic Act No. 7881, 1995 - It amended certain of R. A. 6657 and exempted fishponds and prawns from the coverage of CARP. 2. Republic Act No. 7905, 1995 - it strengthened the implementation of the CARP.

3. Executive Order No. 363, 1997 - It limited the type of lands that may be converted by setting conditions under which specific categories of agricultural land are either absolutely non-negotiable for conversion or highly restricted for conversion. 4. Republic Act No. 8435, 1997 (Agriculture and Modernization Act or AFMA)- It plugged the legal loopholes in land use conversion.

5. Republic Act No. 8532, 1998 (Agrarian Reform und Bill)- it provided an additional Ph. P. 50 billion for CARP and extended its implementation for another 10 years.

President Joseph E. Estrada He initiated the enactment of Executive Order No. 151 in September 1999 (Farmer’s Trust Fund) which allowed the voluntary consolidation of small farm operation into medium and large scale integrated enterprise that can access long-term capital. He also launched the Magkabalikat sa Kaunlarang Agraryo or MAGKASAKA.

President Gloria M. Arroyo She adopted the Bayan-Anihan concept which implies the unity of people working together for the successful implementation of agrarian reform. Under Arroyo’s administration, the strategy of DAR in CARP implementation is manifested on the Kapit-Bisig sa Kahirapan Agrarian Reform Zones (KARZONEs) which is a partnership and covergence strategy aimed at achieving asset reform , poverty reduction, food sufficiency, farm productivity, good governance, social equity, and empowerment of agrarian reform beneficiaries (ARBs).