READING IN PHILIPPINE HISTORY

MODULE FOR MIDTERM

LESSON 1

Evolution of the Philippine Constitution

The constitution is defined as the set of fundamental principles or established precedents
according to which a state or other organization is governed, thus, the word itself means to be part of
a whole, the coming together of distinct entities into one gr
oup, with the same principles and ideals.

The principles define the nature and extent of government.

1897: Constitution of Biak-na-Bato

The Constitution of Biak-na-Bato was a provisionary Constitution of the Philippine Republic
during the Philippine Revolution, and was promulgated by the Philippine Revolutionary Government on 1 November
1897.

The organs of the government under the constitution were;

The Supreme Council, which was vested with the power of the Republic, headed by the
president and the four department secretaries: the interior, foreign affairs, treasury, and war.

The Consejo Supremo de Garcia Y Justicia (Supreme Council of Grace and Justice), which
was given the authority to make decisions and affirm or disprove the sentences rendered by
othercourts and to dictate rules for the administration of justice.

The Asamblea de Representantes(Assembly of Representatives), which was to be covened after vthe revolution
to create a new Constitution and to elect a new Council of government and Representatives of the people.

The constitution of Biak-na-Bato was never fully implemented, since a truce, the Pact of Bia-na-Bato, was signed
between the Spanish and the Philippine Revolutionary Army.

Primary source: Preamble of the Biak-na-Bato Constitution

1899: Malolos Constitution

The Malolos Congress was elected, which selected a commission to draw up a draft
constitution on 17 September 1898, which was composed of wealthy and educated men.
The document they came up with, approved by the Congress on 29 November 1898, and
promulgated by Aguinaldo on 21 January 1899 was titled “The Political Constitution of 1899” and
written in Spanish. The constitution has 39 articles divided into 14 titles, with eight articles of transitory
provisions, and a final additional article. The document was patterned after the Spanish Constitution
of 1812, with influences from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and
Guatemala and the French Constitution of 1793. According to Felipe Calderon, main author of the
constitution, these countries were studied because they shared similar social, political, ethnological,
and governance conditions with the Philippines. Prior constitutional projects in the Philippines also influenced the
Malolos Constitution, namely, the Kartilya and the Sangunian-Hukuman, the charter of law and morals of the
Katipunan written by Emilio Jacinto in 1896; the Biak-na-Bato Constitution of 1897 planned by Isabelo Artacho;
Mabini’s Constitutional Program of the Philippine Republic of 1898;

the provisional constitution of Mariano Ponce in 1898 that followed the Spanish Constitutions; and the
autonomy projects of Paterno in 1898.

Primary Source: Preamble of the Political Constitution of 1899

1935: The Commonwealth Constitution

From 1898 to 1901, the Philippines would be placed under a military government until a civil
government would be put into place.

Two acts of the United States Congress were passed that may be considered to have qualities of constitutionality.
First was the Philippine Organic Act of 1902, the first organic law for the Philippine Islands that provided for the creation
of a popularly elected Philippine Assembly. The second act that
functioned as a constitution was the Philippine Autonomy Act of 1916, commonly referred to as
“Jones Law”, Which modified the structure of the Philippine government through the removal of the
Philippine Commission, replacing it with a Senate that served as the upper house and its members
elected by the Filipino voters, the first truly elected national legislature.

In 1932, with efforts of the Filipino independence mission led by Sergio Osmeña and Manuel
Roxas, the United States Congress passed the Hare-Hawes-Cutting Act With the promise of grating
Filipino’s Independence. By 1934, another law, the Tydings-McDuffie Act, also known as the
Philippine Independence Act, was passed by the United States Congress that provided authority and
defined mechanisms for the establishments of a formal constitution by a constitutional convention.

The constitution was crafted to meet the approval of the United States government, and to
ensure that the United States would live up to its promise to grant independence to the Philippines.

Primary Source: Preamble of 1935 Commonwealth

1973: Constitutional Authoritarianism

In 1965, Ferdinand E. Marcos was elected president, and in 1967, Philippine Congress passed
a resolution calling for a constitutional convention to change the 1935 constitution.
Before the convention finished its work, Martial Law was declared. Marcos cited a gowing
communist insurgency as a reason for the Martial Law, which was provided for in the 1935
Constitution. On 29 November 1972, the convention approved its proposed constitution.

The constitution was supposed to introduce a parliamentary-style government, where

legislative power was vested in a unicameral National Assembly, with members being to a six
-year term. President Marcos issued Presidential Decree No.73 setting the date of the plebiscite to ratify or
reject the proposed constitution on 30 November 1973. The plebiscite was postponed later on since
Marcos feared that the public might vote to reject the constitution. The President, on 17 January 1973,
issued a proclamation announcing that the proposed constitution had been ratified by an
overwhelming vote of the members of the highly irregular Citizen Assemblies.

In 1976, Citizen Assemblies, once again, decided to allow the continuation of Martial Law, as well as approved the
amendments: an Interim Batasang Pambansa to substitute for the Interim National Assembly, the president
alsobecome the Prime Minister and continue to exercise legislative powers until Martial Law was lifted and authorized
thePresident to legislate on his own on an emergency basis. An overwhelming majority would ratify further
amendments succeeding. In 1980, the retirement age of members of the judiciary was extended to 70 years.
In 1981, the parliamentary system was formally modified to a French-style, semi-presidential
system where executive power was restored to the president, who was, once again, to be directly
elected; an Executive Committee was to be created, composed of the Prime Minister and 14 others, that served as the
president’s Cabinet; and some electoral reforms were instituted. In 1984, the Executive Committee was abolished
and the position of the vice president was restored.

After all the amendments introduced, the 1973 Constitution was merely a way for the
President to keep executive powers, abolish the Senate, and by any means, never acted as a
parliamentary system, instead functioned as an authoritarian presidential system, with all the real
power concentrated in the hands of the president, with the backing of the constitution.

The situation in the 1980s had been very turbulent. As Marcos amassed power, discontent has
also been burgeoning. The tideturned swiftly when in August 1983, Benigno Aquino Jr., leader and
regarded as the most credible alternative to President Marcos, was assassinated while under military escort
immediately after his return from exile in the United States. A small group of military rebels attempted to stage
a coup, but failed; however, this triggered what came to be known as the EDSA People Power Revolution of
1986, as people from all walks of life spilled onto the streets.
His opponent in the snap elections, Benigno Aquino Jr.’s widow, Corazon Aquino, was installed as
president on 25 February 1986.

1987: Constitution after Martial Law

President Corazon Aquino’s government had three options regarding the constitution: revert to
the 1935 Constitution, retain the 1973 Constitution and be granted the power to make reforms, or start
a new and break from the “vestiges of a disgraced dictatorship.” They decided to make a new
constitution that, according to the president herself, should be “truly reflective of the aspirations and
ideals of the Filipino people.”

In March 1986, President Aquino proclaimed a transitional constitution to last for a year while a Constitutional
Commission drafted a permanent constitution. This transitional constitution, called Freedom Constitution,
maintained any provisions of the old one, including in rewritten form the presidential right to rule by decree. The
new constitution was officially adopted on 2 February 1987.

The Constitution begins with a preamble and eighteen self

- contained articles. It established the Philippines as a “democratic republican State” where “sovereignty
resides in the people and all government authority emanates from them”. It allocates governmental powers
among the executive, legislative, and judicial branches of the government.The legislative power resides in a
Congress divided into two Houses:House of Representatives. The 24 senators are elected atlarge by popular
vote, and can be servingno more than two consecutive six-year terms.
- The House is composed of district representatives representing a particular geographic area and makes
up around 80% of the total number of representatives. There are 234 legislative districts in the Philippines
that elect their representatives to serve three-year terms. The 1987 Constitution created a party-list
system to provide spaces for the participation of under-represented community sectors or groups. Party-list
representatives may fill up not more than 20% of the seats in the House.

The Constitution also established three independent Constitutional Commissions, namely;

The Civil Service Commission, a central agency in charge of government personnel;

The Commission on Elections, mandated to enforce and administer all election laws and regulations;
The Commission on Audit, which examines all funds, transactions, and property accounts of
the government and its agencies.

To further promote the ethical and lawful conduct of the government, the Office of the
Ombudsman was created to investigate complaints that pertain to public corruption, unlawful behavior
of public officials, and other public misconduct. The Ombudsman can charge public officials before the
Sandigan bayan, a special court created for this purpose.

Changing of Constitution is a perennial issue that crops up, and terms such as “Cha-Cha”, “Con-Ass”, and “Con-
Con” are regularly thrown around. Article XVII of the 1987 Constitution provides for three ways by which the
Constitution can be changed. Congress (House of Representatives and the Senate) may convene as a Constituent
Assembly (or Con-Ass) to propose amendments to the Constitution. It is not clear, however, if the congress is to vote as a
single body or separately. How the Congress convenes as a Con-Ass is also not provided for in the Constitution

LESSON 2

POLICIES ON AGRIAN REFORMS

What is agrarian reform policies?

(a) Agrarian Reform means the redistribution of lands, regardless of crops or fruits produced to
farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to
include the totality of factors and support services designed to lift the economic status of the
beneficiaries and all other 

What is the importance of the policies on agrarian reform?

The agrarian reform contributed to relieve the unemployment pressure and to increase
agricultural production and productivity, although it could not prevent a massive exodus of
rural population from the mountains and the most marginal areas.

What are the 3 components of agrarian reform?

In essence, agrarian reform and land reform are synonymous and in this paper they are used
interchangeably. Land reform consists of three components : reform of the land tenurial
structure, reform of the production structure and reform of the supporting services structure

Agrarian Reform History

Pre-Spanish Period

“This land is Ours God gave this land to us”

Before the Spaniards came to the Philippines, Filipinos lived in villages or barangays ruled by
chiefs or datus. The datus comprised the nobility. Then came the maharlikas (freemen),
followed by the aliping mamamahay (serfs) and aliping saguiguilid (slaves).
However, despite the existence of different classes in the social structure, practically everyone
had access to the fruits of the soil. Money was unknown, and rice served as the medium of
exchange.

Spanish Period

“United we stand, divided we fall”

When the Spaniards came to the Philippines, the concept of encomienda (Royal Land Grants)
was introduced. This system grants that Encomienderos must defend his encomienda from
external attack, maintain peace and order within, and support the missionaries. In turn, the
encomiendero acquired the right to collect tribute from the indios (native).

The system, however, degenerated into abuse of power by the encomienderos The tribute soon
became land rents to a few powerful landlords. And the natives who once cultivated the lands
in freedom were transformed into mere share tenants.

First Philippine Republic

“The yoke has finally broken”

When the First Philippine Republic was established in 1899, Gen. Emilio Aguinaldo declared in
the Malolos Constitution his intention to confiscate large estates, especially the so-called Friar
lands.

However, as the Republic was short-lived, Aguinaldo’s plan was never implemented.

American Period

“Long live America”

Significant legislation enacted during the American Period:

 Philippine Bill of 1902 – Set the ceilings on the hectarage of private individuals and
corporations may acquire: 16 has. for private individuals and 1,024 has. for
corporations.
 Land Registration Act of 1902 (Act No. 496) – Provided for a comprehensive registration
of land titles under the Torrens system.
 Public Land Act of 1903 – introduced the homestead system in the Philippines.
 Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated relationships between
landowners and tenants of rice (50-50 sharing) and sugar cane lands.
The Torrens system, which the Americans instituted for the registration of lands, did not solve
the problem completely. Either they were not aware of the law or if they did, they could not
pay the survey cost and other fees required in applying for a Torrens title.

Commonwealth Period

“Government for the Filipinos”

President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing
social unrest in Central Luzon.

Significant legislation enacted during Commonwealth Period:

 1935 Constitution – "The promotion of social justice to ensure the well-being and
economic security of all people should be the concern of the State"
 Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. 4045), Nov. 13,
1936 – Provided for certain controls in the landlord-tenant relationships
 National Rice and Corn Corporation (NARIC), 1936 – Established the price of rice and
corn thereby help the poor tenants as well as consumers.
 Commonwealth Act. No. 461, 1937 – Specified reasons for the dismissal of tenants and
only with the approval of the Tenancy Division of the Department of Justice.
 Rural Program Administration, created March 2, 1939 – Provided the purchase and lease
of haciendas and their sale and lease to the tenants.
Commonwealth Act No. 441 enacted on June 3, 1939 – Created the National Settlement
Administration with a capital stock of P20,000,000.

Japanese Occupation

“The Era of Hukbalahap”

The Second World War II started in Europe in 1939 and in the Pacific in 1941.

Hukbalahap controlled whole areas of Central Luzon; landlords who supported the Japanese
lost their lands to peasants while those who supported the Huks earned fixed rentals in favor of
the tenants.

Unfortunately, the end of war also signaled the end of gains acquired by the peasants.

Upon the arrival of the Japanese in the Philippines in 1942, peasants and workers organizations
grew strength. Many peasants took up arms and identified themselves with the anti-Japanese
group, the HUKBALAHAP (Hukbo ng Bayan Laban sa Hapon).

Philippine Republic
“The New Republic”

After the establishment of the Philippine Independence in 1946, the problems of land tenure
remained. These became worst in certain areas. Thus the Congress of the Philippines revised
the tenancy law.

President Manuel A. Roxas (1946-1948) enacted the following laws:

 Republic Act No. 34 -- Established the 70-30 sharing arrangements and regulating share-
tenancy contracts.
 Republic Act No. 55 -- Provided for a more effective safeguard against arbitrary
ejectment of tenants.

Elpidio R. Quirino (1948-1953) enacted the following law:

Executive Order No. 355 issued on October 23, 1950 -- Replaced the National Land Settlement
Administration with Land Settlement Development Corporation (LASEDECO) which takes over
the responsibilities of the Agricultural Machinery Equipment Corporation and the Rice and Corn
Production Administration.

Ramon Magsaysay (1953-1957) enacted the following laws:

 Republic Act No. 1160 of 1954 -- 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.
 Republic Act No. 1199 (Agricultural Tenancy Act of 1954) -- governed the relationship
between landowners and tenant farmers by organizing share-tenancy and leasehold
system. The law provided the security of tenure of tenants. It also created the Court of
Agrarian Relations.
 Republic Act No. 1400 (Land Reform Act of 1955) -- 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.
 Republic Act No. 821 (Creation of Agricultural Credit Cooperative Financing
Administration) -- Provided small farmers and share tenants loans with low interest
rates of six to eight percent.

President Carlos P. Garcia (1957-1961)

Continued the program of President Ramon Magsaysay. No new legislation passed.

President Diosdado P. Macapagal (1961-1965) enacted the following law:

Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) -- 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 of farmer beneficiaries.

The RA was hailed as one that would emancipate Filipino farmers from the bondage of tenancy.

President Ferdinand E. Marcos (1965-1986)

Proclamation No. 1081 on September 21, 1972 ushered the Period of the New Society. Five
days after the proclamation of Martial Law, the entire country was proclaimed a land reform
area and simultaneously the Agrarian Reform Program was decreed.

President Marcos enacted the following laws:

 Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 -- Created
the Department of Agrarian Reform and the Agrarian Reform Special Account Fund. It
strengthen the position of farmers and expanded the scope of agrarian reform.
 Presidential Decree No. 2, September 26, 1972 -- Declared the country under land
reform program. It enjoined all agencies and offices of the government to extend full
cooperation and assistance to the DAR. It also activated the Agrarian Reform
Coordinating Council.
 Presidential Decree No. 27, October 21, 1972 -- Restricted land reform scope to
tenanted rice and corn lands and set the retention limit at 7 hectares.

President Corazon C. Aquino (1986-1992)

The Constitution ratified by the Filipino people during the administration of President Corazon
C. Aquino provides under Section 21 under Article II that “The State shall promote
comprehensive rural development and agrarian reform.”

On June 10, 1988, former President Corazon C. Aquino signed into law Republic Act No. 6657 or
otherwise known as the Comprehensive Agrarian Reform Law (CARL). The law became effective
on June 15, 1988.

Subsequently, four Presidential issuances were released in July 1987 after 48 nationwide
consultations before the actual law was enacted.

President Corazon C. Aquino enacted the following laws:

 Executive Order No. 228, July 16, 1987 – Declared full ownership to qualified farmer-
beneficiaries covered by PD 27. It also determined the value remaining unvalued rice
 and corn lands subject of PD 27 and provided for the manner of payment by the FBs and
mode of compensation to landowners.
 Executive Order No. 229, July 22, 1987 – Provided mechanism for the implementation of
the Comprehensive Agrarian Reform Program (CARP).
 Proclamation No. 131, July 22, 1987 – 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 Php50 billion to cover the estimated cost of the program from
1987-1992.
 Executive Order No. 129-A, July 26, 1987 – streamlined and expanded the power and
operations of the DAR.
 Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Law) – An act
which became effective June 15, 1988 and instituted a comprehensive agrarian reform
program to promote social justice and industrialization providing the mechanism for its
implementation and for other purposes. This law is still the one being implemented at
present.
 Executive Order No. 405, June 14, 1990 – Vested in the Land Bank of the Philippines the
responsibility to determine land valuation and compensation for all lands covered by
CARP.
 Executive Order No. 407, June 14, 1990 – 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)

When President Fidel V. Ramos formally took over in 1992, his administration came face to face
with publics who have lost confidence in the agrarian reform program. His administration
committed to the vision “Fairer, faster and more meaningful implementation of the Agrarian
Reform Program.

President Fidel V. Ramos enacted the following laws:

 Republic Act No. 7881, 1995 – Amended certain provisions of RA 6657 and exempted
fishponds and prawns from the coverage of CARP.
 Republic Act No. 7905, 1995 – Strengthened the implementation of the CARP.
 Executive Order No. 363, 1997 – Limits the type of lands that may be converted by
setting conditions under which limits 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.
 Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization Act AFMA) –
Plugged the legal loopholes in land use conversion.
 Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an additional Php50
billion for CARP and extended its implementation for another 10 years.

President Joseph E. Estrada (1998-2000)

“ERAP PARA SA MAHIRAP’. This was the battle cry that endeared President Joseph Estrada and
made him very popular during the 1998 presidential election.

President Joseph E. Estrada initiated the enactment of the following law:

Executive Order N0. 151, September 1999 (Farmer’s Trust Fund) – Allowed the voluntary
consolidation of small farm operation into medium and large scale integrated enterprise that
can access long-term capital.

During his administration, President Estrada launched the Magkabalikat Para sa Kaunlarang
Agraryo or MAGKASAKA. The DAR forged into joint ventures with private investors into agrarian
sector to make FBs competitive.

However, the Estrada Administration was short lived. The masses who put him into office
demanded for his ouster.

President Gloria Macapacal-Arroyo (2000-2010)

The agrarian reform program under the Arroyo administration is anchored on the vision “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.”

Land Tenure Improvement - DAR will remain vigorous in implementing land acquisition and
distribution component of CARP. The DAR will improve land tenure system through land
distribution and leasehold.

Provision of Support Services - CARP not only involves the distribution of lands but also included
package of support services which includes: credit assistance, extension services, irrigation
facilities, roads and bridges, marketing facilities and training and technical support programs.

Infrastrucre Projects - DAR will transform the agrarian reform communities (ARCs), an area
focused and integrated delivery of support services, into rural economic zones that will help in
the creation of job opportunities in the countryside.

KALAHI ARZone - The KALAHI Agrarian Reform (KAR) Zones were also launched. These zones
consists of one or more municipalities with concentration of ARC population to achieve greater
agro-productivity.

Agrarian Justice - To help clear the backlog of agrarian cases, DAR will hire more paralegal
officers to support undermanned adjudicatory boards and introduce quota system to compel
adjudicators to work faster on agrarian reform cases. DAR will respect the rights of both
farmers and landowners.
President Benigno Aquino III (2010-2016)

President Benigno Aquino III vowed during his 2012 State of the Nation Address that he would
complete before the end of his term the Comprehensive Agrarian Reform Program (CARP), the
centerpiece program of the administration of his mother, President Corazon Aquino.

The younger Aquino distributed their family-owned Hacienda Luisita in Tarlac. Apart from the
said farm lots, he also promised to complete the distribution of privately-owned lands of
productive agricultural estates in the country that have escaped the coverage of the program.

Under his administration, the Agrarian Reform Community Connectivity and Economic Support
Services (ARCCESS) project was created to contribute to the overall goal of rural poverty
reduction especially in agrarian reform areas.

Agrarian Production Credit Program (APCP) provided credit support for crop production to
newly organized and existing agrarian reform beneficiaries’ organizations (ARBOs) and farmers’
organizations not qualified to avail themselves of loans under the regular credit windows of
banks.

The legal case monitoring system (LCMS), a web-based legal system for recording and
monitoring various kinds of agrarian cases at the provincial, regional and central offices of the
DAR to ensure faster resolution and close monitoring of agrarian-related cases, was also
launched.

Aside from these initiatives, Aquino also enacted Executive Order No. 26, Series of 2011, to
mandate the Department of Agriculture-Department of Environment and Natural Resources-
Department of Agrarian Reform Convergence Initiative to develop a National Greening Program
in cooperation with other government agencies.

President Rodrigo Roa Duterte (2016 – present) 

Under his leadership, the President wants to pursue an “aggressive” land reform program that
would help alleviate the life of poor Filipino farmers by prioritizing the provision of support
services alongside land distribution.

The President directed the DAR to launch the 2nd phase of agrarian reform where landless
farmers would be awarded with undistributed lands under the Comprehensive Agrarian Reform
Program (CARP).

Duterte plans to place almost all public lands, including military reserves, under agrarian
reform.

The President also placed 400 hectares of agricultural lands in Boracay under CARP.
Under his administration the DAR created an anti-corruption task force to investigate and
handle reports on alleged anomalous activities by officials and employees of the department.

The Department also pursues an “Oplan Zero Backlog” in the resolution of cases in relation to
agrarian justice delivery of the agrarian reform program to fast-track the implementation of
CARP.
Agrarian (Land) Reform in the Philippines During Spanish Period

- Historically, land-related remedies extended by past regimes and administrators proved to be totally
unable to fulfill the promise of alleviating the quality of life of the landless peasants.
- The land laws have invariably contained provisions that enabled powerful landowners to circumvent
the law, or even use the law to sustain and further strengthen their positions in power.

Pre Spanish Era

Land was not unequally distributed before the Spaniards came to the Philippines. - The notion of
private property was unknown then. - The community (barangay) owned the land. Spanish Period (

1521-1898
One of the major initial policies of the governorship of Legazpi was to recognize all lands in the
Philippines as part of public domain regardless of local customs. As such, the crown was at liberty to
parcel out huge tracts of Philippine lands as rewards to loyal civilian and military as rewards.
In effect, communal ownership of land gradually and slowly took the backseat. Private ownership of
land was introduced. With this arrangement, every municipal resident was given his choice of the land
for cultivation, free from tax. Large tracts of uncultivated lands not circumscribed within a given
municipality were granted by the Spanish monarch to deserving Spaniards. This kind of ownership
became known as the encomienda. The encomienda system in the Spanish colonies began as a result of
a Royal Order promulgated in December of 1503. By virtue of this Royal Order, encomiendas were
granted to favor Spanish officials and clerics who were entrusted the responsibility to look after the
spiritual and temporal developments of the natives in a colonized territory.
In return for such a duty, the encomiendas enjoyed the right to have a share in the tribute (tributo)
paid by the natives. Legazpi himself had granted encomiendas to the friars, like the Agustinians in Cebu
and Manila. Almost all the grants that Legazpi extended to the Spanish officials and friars were confined
to what would eventually become the provinces of Cavite, Laguna, Batangas, and Bulacan. Much later, in
place of the encomiendas, the Spanish authorities began to group together several barangays into
administration units. They termed these units as pueblos or municipios which were governed by
gobernadorcillos. Together, the cabezas and gobernadorcillos made up of the landed class known as
caciques (landed class) At the passing of time, the Filipino caciques intermarried with Spaniards. This
gave such class as mestizo cast which exists to this day. Through this enviable position, the cabezas the
gobernadorcillos gained more and more stature or prestige with the Spanish civil and ecclesiastical
authorities, and the common people.
In time, the caciques were given the prerogative of collecting taxes as well. This act vested in them
great power. Certainly, this did not help to endear them to the ordinary people. Caciquism as an
institution became deeply rooted in Philippine soil. This paved the way to many present-day agrarian
problems and unrests. As the cacique system grew, it also became more oppressive. This brought about
colonial uprisings during the 19th century, which tended to occur in the areas with much agricultural
activity such as Central Luzon. Agrarian-related problems were the only source of major conflicts during
this time. Land was available in the entire archipelago. The major sources of conflict and rebellion were
really the harsh Spanish impositions, such as: tributo, polo, encomienda, etc.
During the 19th century, several developments occurred that solidified the land tenur system, and
aroused antagonism over its injustices and inequalities. Since the Spaniards did not levy a land tax or a
head tax (cedula), and few records of land-ownership were kept, the Spanish government issued two
Royal Decrees: decreto realenga (1880) and the Maura Law (1894) These decrees ordered the caciques
and natives, to secure legal title for their lands or suffer forfeiture. The Filipino peasants, either ignorant
of the processes of the law or of the Spanish-written instructions, were just slow to respond. The
landowners (caciques) were quick to react. They did not only register their own landholdings but also
 took advantage of the ignorance of the peasants, by claiming peasant lands adjacent to their own
holdings. Spanish Period (1521-1898)
It was estimated that 400,000 Filipino peasants were left without titles. No option was left for those
dispossessed because documented titles to the land prevailed over verbal claims. Hence, most Filipino
landed peasants became mere tenants in their own lands.

The Royal Decree of 1894 (Maura Law) deprived many Filipino peasants of their own lands through
scheming and treacherous ways of both Spaniards and caciques. Other strategies of dispossessing
peasants of their landholdings were:
1. Outright purchase at a low price of real estates (realenga) by a Spaniard or a cacique, from a badly-in-
need peasants.
2. Mortgage system (pacto de retroventa); this is equivalent of today’s mortgage system (sangla).

The mortgage system is equivalent of today’s mortgage system (sangla), where a landowner who has
loaned a peasant some money becomes this peasant landlord. This happened simply because the system
required the land to be collateral. While the peasant had not paid back his loan, he paid the landlord rent
for the use of his own land. Another source of land-related conflict by the late 19th century was the “friar
lands”. Many farmers questioned the amount of land in grant given by the Spanish crown to the religious
orders (i.e. Augustinians, Dominicans, Franciscans, and Recollect Orders). Tenants (inquilinos) paid tax
termed as “canon” to the friars.

Americans Relinquishing Land Title in

Philippines
MANILA, May 28—Almost 7,000 acres of Philippine land owned by United States citizens are
being turned over to Philippine companies as a result of the expiration yesterday of parity rights
enjoyed by Americans.

Parity with Filipinos in land ownership and the exploitation of natural resources was among
special privileges for United States citizens that the Philippines traded for rehabilitation funds
and market preferences under the bilateral trade agreement of 1946. This expired in July, 1974,
but the Government of President Ferdinand E. Marcos gave a 10‐month extension for land‐
owners.

Upon the lapse of the privileges yesterday, 65 landowners (including subsidiaries of big
American corporations) submitted plans for transferring their lands to Filipinos, the Secretary
for Industry, Vicente Paterno, said today. The lands have an appraised value of $46‐million.

Goodyear Tire and Rubber, Singer Sewing Machine and three American ‐ owned oil companies
— Caltex, Getty and Mobil—have completed the transfer of their lands. The 60 other
landowners are complying with the new ownership requirements.
The Government has offered several plans under which the American landowners are able to
lease back their lands for as long as 50 years and to retain ownership of buildings and other
improvements.

The American Chamber of Commerce here reacted to the divestment requirement by

complying without opposition. It reportedly felt that the continued operation of factories and
other ventures on the lands was far more important than the issue of ownership.

American businessmen here are said to be concerned with protecting existing investments from
future Government restrictions. They are also eager to be included in tax and capital incentives
offered as part of Government policy to attract investments.

Despite the expiration of the Laurel ‐ Langley trade agreement, which authorized preferential
trade and gave American parity rights in land ownership, commerce between the Phillippines
and the United States remains strong, with an estimated value of more than $1‐billion yearly.

These considerations opened the way to a smooth turnover of American‐owned lands.

The expiration of land rights has been particularly hard on individual owners such as Americans
here who bought their lands during the years of United States occupation and have built homes
on them.

President Marcos in a decree issued last night gave permanent American residents here who
own homelots of no more than 1.25 acres more time to comply with the legal requirements to
transfer them to Filipinos.

The decree specified “a reasonable period of time” for these private landholders to continue
holding on to their lots.