Lesson Title: Agrarian Reform From the Spanish Colonial Philippines to the Present

“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 mother of all other forms of
monopoly”
- Winston Churchill

Objectives:
At the end of this lesson, students will 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

Overview

Hi! 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 laws so we can carefully plan
and give solution to our existing problems today. Good luck!

Analysis
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

Check your answers below and count your scores right after.

SYSTEM PERIOD IMPORTANCE

 Encomienda
 Open to All System
There was a peace and
Colonial period (Spanish) order away from external
attacks but the
encomenderos abused
their power in collecting
the indios’ taxes.
Everyone can supply their
Pre Colonial Period needs because everyone
can access the fruits of the
soil.

Landless farmers and rebel

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

 Homestead System Colonial Period The people had more

(The Public Land of (American) chances of acquiring lands
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.

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.
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.
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 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)

Prsident 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.

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.

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 your self 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