HIST 1 STUDY GUIDE | Agrarian

Reform

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Agrarian Reform
Introduction, p. 1
Key Concepts, p. 1
Learning Resources, pp. 1-9
Study Questions, p. 9
Learning Activity, p. 9
References, p. 10

INTRODUCTION
Before we are even to propose solutions or make recommendations about a contemporary social issue,
we first need to demonstrate that we are able to construct valid opinions about such an issue. Oftentimes, the
best way to construct those kinds of opinions is by thoroughly understanding how the issue came to be.
In the case of the Philippines, our social issues tend to be rooted in our colonial experience, in the reality
that we were once under colonial rule. The following lesson on agrarian reform demonstrates exactly how
our view of land and other agricultural resources evolved alongside the different colonial eras. We begin with
the precolonial period, then work our way to the post-War period and the present day. The lesson is good for
2-3 hours. Shall we start?

KEY CONCEPTS
Agrarian reform, agrarian system, kaingin, Torrens system, homestead system, landowner, tenant, CARP,
CARPER

LEARNING RESOURCES
Let’s begin by defining agrarian reform. For the purpose of this class, agrarian reform is defined as the
overall redirection or change of a country’s agrarian system and agricultural resources.
o By “agrarian system,” we mean the laws, policies, and programs that shape how agriculture is done in
our country.
o But what do you think is meant by “agricultural resources”? What would you say are the Philippines’
two most important agricultural resources? Answer: farmers and land.
Agrarian reform, therefore, is not only concerned with how agriculture is done in the country. It is also
concerned with how we treat our farmers and how we treat our lands.
Now, who among you here expect to inherit land when you’re older? Who here has seen their relatives
fight over land? Would any of those lands happen to be farmland? If we look at major historical moments in
our country pertaining to agriculture, they usually had something to do with land. Let’s go through the
different periods in Philippine history to see how we ended up this way.

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Land and agriculture in the precolonial period

Obviously we don’t have many primary sources that survived from this time, but we know that prior to
Spain’s arrival in our islands, most native groups had no concept of land ownership, at least not in the modern
sense that we need land titles and deeds. In precolonial times, no specific individual owned the land, because
the land belonged to everyone. Of course, different groups distinguished the territories they occupied one way
or another, but within those groups, nobody among them owned the land. They could only own the things that
came from the land, such as wood and crops.
Dictionaries compiled by the Spaniards in the early years of colonial rule indicate that precolonial natives
had numerous words for “rice,” including words for different steps in planting grain, and words for preparing
and eating rice. In Fray Miguel Ruiz’s Diccionario Español en Tagalo, there are forty-one (41) varieties of rice
listed, divided into the methods and locations where they were grown:
o Through kaingin / caingin (swidden) in the uplands — a technique of rotational farming where newly
used land is cleared, often through fire; farmers would plant on Field B while waiting for the soil in
Field A to recover its nutrients, so that when it was time to clear Field B, Field A would be ready for
planting again
o In flooded paddies along rivers and coastal settlements
When the Spanish nation attacked, the principalia class included datus and precolonial leaders who
collaborated with the new colonial system to keep what they could of their old power. When the Spaniards
introduced the idea that people could literally own land like they could own other possessions, principales
were known to use this opportunity to claim as their personal property the lands that once belonged to their
communities. Pieces of paper could now prove whether a person owned a piece of land or not.

Land and agriculture in the Spanish colonial period

In the early Spanish period, there were three types of land properties:
1. Crown lands — all unoccupied lands, plus already occupied lands that were usually taken from the
natives by force
2. Lands of private citizens — these lands were either purchased or granted by royal decree, to
principales, encomenderos, and hacienderos
3. Ecclesiastical lands — these lands were acquired by friars not only through purchases and royal
grants, but also through donations from Spanish laymen and “religious” principales
In 1861, the Ley Hipotecaria or Mortgage Law was passed in the Spanish Empire. It was also known as the
Law on the Inscription of Titles to Immoveable Property. What were these immoveable properties? Answer:
lands and buildings.
Through the Ley Hipotecaria and a Royal Decree later in 1894, nearly every inch of land in the Philippine
Islands was accounted for and had to belong to someone. If it was not owned privately by a Spanish friar or a
Spanish civilian or a wealthy native, it was the property of the Spanish Crown.

Land and agriculture in the American colonial period

After the Treaty of Paris in 1898 transferred the Philippines from the Spanish empire to the US, the Land
Registration Act was passed in 1902. Let’s look at a provision of this Act on the next page.

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Excerpt from Act No. 496

An Act to Provide for the Adjudication and Registration of Titles to Lands in the Philippine Islands
Section 2. A court is hereby established to be called the "Court of Land Registration," which shall
have the exclusive jurisdiction of all applications for the registration under this Act of title to land or
buildings or an interest therein within the Philippine Islands, with power to hear and determine all
questions arising upon such applications, and also have jurisdiction over such other questions as may
come before it under this Act, subject, however, to the right of appeal, as hereinafter provided. The
proceedings upon such applications shall be proceedings in rem against the land and the buildings and
improvements thereon, and the decrees shall operate directly on the land and the buildings and
improvements thereon, and vest and establish title thereto.
The court shall hold its sittings in Manila, but may adjourn from time to time to such other places
as the public convenience may require, and may hold sessions at any time in the capital of any
province…
The court shall have jurisdiction throughout the Philippine Archipelago, and shall always be open,
except on Sundays and holidays established by law. It shall be a court of record, and shall cause to be
made a seal, and to be sealed therewith all orders, process, and papers made by or proceeding from the
court and requiring a seal. All notices, orders, and process of such court may run into any province and
be returnable, as the court may direct….

This Land Registration Act introduced the use of the Torrens system in the country. There would be a land
registration office to keep track of who currently owns which piece of land, and existing landowners could
register their properties with this office to get a Torrens title. Not all landowners were able to comply with
this new system, though. In some cases, they could not afford the costs of registering for a Torrens title. Others
were not aware at all that the new system existed, so descendants later on could not prove their claims of
owning a certain land.
In 1903, a year after the Land Registration Act, the American colonial government announced that they
were buying up the friar estates from the Spanish period, and redistributing these lands to cultivators.
Governor-General William Taft had hoped that this land redistribution would make him look good among
Filipino elites and prevent possible revolts from other Filipinos later on.
The Public Land Act introduced this homestead system, wherein interested persons may apply to acquire
public lands on the condition that they must reside in those lands and cultivate them. Let’s look at the
beginning of this Act below. Take note of who was actually allowed to apply for homesteads.

Excerpt from Act No. 926

An Act Prescribing Rules and Regulations Governing the Homesteading, Selling, and Leasing of Portions of
the Public Domain of the Philippine Islands…
Section 1. Any citizen of the Philippine Islands, or of the United States, or of any Insular possession
thereof, over the age of twenty-one years or the head of a family may, as hereinafter provided, enter a
homestead of not exceeding sixteen hectares of unoccupied, unreserved unappropriated agricultural
public land in the Philippine Islands… which shall be taken, if on surveyed lands, by legal subdivisions,
but if on unsurveyed lands shall be located in a body which shall be as nearly as practicable rectangular

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in shape and not more than eight hundred meters in length; but no person who is the owner of more
than sixteen hectares of land in said islands or who has had the benefits of any gratuitous allotment of
sixteen hectares of land since the acquisition of the Islands by the United States, shall be entitled to the
benefits of this chapter.

Half of the lands meant for redistribution were successfully transferred to landless Filipinos, but the other
half ended up being sold or rented out to American and Filipino business owners. Eventually, this program
failed because many farmers could not afford to maintain their new lands. They would end up borrowing
money from the wealthy landowners, or selling their lands and becoming tenants on these lands that should
have been theirs.
This is important to remember because when our government would try more land reform programs in
the 1980s and 2000s, the same thing still happened.
You might ask: did the government not implement any laws to protect the farmers? Unfortunately, the
American colonial period helped form the ruling class from wealthy business and landowners, so naturally the
laws the ruling class made would favor them over the farmers and tenants.
In 1933, the Rice Share Tenancy Act was passed. Let’s take a look at one of its stipulations. This is from
section 8, the section on share basis.

Excerpt from Act No. 4054

An Act to Promote the Well-being of Tenants in Agricultural Lands Devoted to the Production of Rice and
to Regulate the Relations between Them and the Landlords of Said Lands, and for Other Purposes
Section 8. In the absence of any written agreement to the contrary and when the necessary
implements and the work animals are furnished by the tenant; and the expenses for planting,
harvesting, threshing, irrigation and fertilizer, if any, as well as other expenses incident to the proper
cultivation of the land, are born equally by both the landlord and tenant, the crop shall be divided
equally. The division shall be made in the same place where the crop has been threshed and each party
shall transport his share to his warehouse, unless the contrary is stipulated by the parties: Provided,
however, That when the landlord furnishes the work animal gratuitously it shall be deemed as a special
consideration, and the tenant shall be obliged to transport the share of the landlord to his warehouse if
it is within the municipality where the land cultivated is situated.

Let’s flip that sentence around so it makes more sense. The crop harvested from a piece of land shall be
divided equally, 50/50 between the landlord and his tenant or tao, on the following conditions:
o There should be no written contract or agreement containing a different arrangement;
o The tenant should provide the farming tools and work animals needed for planting; and
o All other expenses for the planting and harvesting should have been divided equally between the
landlord and the tenant.
If these conditions were met, only then was the tenant entitled to the same amount of the harvest as the
landowner. As we said earlier, though, most farmers could not afford the maintenance of their lands in the
first place, how much more the costs of tools, seeds, fertilizers, and so on? So they would turn to the wealthy

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landowners to borrow money, and at the end of the harvest period, they were not protected by the Rice Share
Tenancy Act.

Land and agriculture in the Commonwealth period

By the time the Commonwealth period actually began in 1935, most Filipino farmers and tenants had
horrible relations with their landowners. These were some of their issues:
o Absentee landowners — landowners would prefer to live in the cities while their lands and
homesteads were actually back in the provinces
o 30/70 sharing — the harvest would be split into 30% for the tenant and 70% for the landlord
o Unfair loaning practices — in the farms, one could borrow money, but it was more common to borrow
rice, measured in cavans or mga kaban [one cavan = around 75 kilos of rice]
• Takipan à if you borrow 1 cavan of rice, you pay back 2 cavans [100% interest rate]
• Talinduwa à if you borrow 2 cavans of rice, you pay back 3 cavans [50% interest rate]
• Terciohan à if you borrow 3 cavans of rice, you pay back 4 cavans [33% interest rate]
• Takalanan à you repay your debt in palay, but at less the market value because the landowner
has taken advantage of the changing prices of the market

Land and agriculture during the Japanese occupation

During the Japanese occupation of the Philippines from 1941 to 1945, guerrilla warfare efforts against the
Japanese in Central Luzon were spearheaded by the Hukbo ng Bayan Laban sa Hapon, or Hukbalahap, or simply
Huk.
Many farmers and tenants during this time took up arms and identified themselves as Hukbalahap. Aside
from fighting off the Japanese, the Huk seized private properties across Luzon, in part because the Filipino
owners of these properties were known to be siding with the Japanese.
For a few years, the farmers of Central Luzon actually had their own regional government, with their own
taxation system and laws that were in their favor for a change. However, when the Americans came back to
“free” the Philippines from the Japanese, the Huk were seen as rebels against their own country. Eventually
the land situation in the Philippines returned to what it was before World War 2. As the American historian
Joel David Steinberg put it, “The elite survived.”

Land and agriculture in the Post-War period

For this period, let’s jump to two agriculture-related policies:
1. Republic Act No. 6657 — An Act Instituting a Comprehensive Agrarian Reform Program to Promote
Social Justice and Industrialization, Providing the Mechanism for Its Implementation, and Other Purposes
This was the law that created the Comprehensive Agrarian Reform Program (CARP). It was
signed, quite ironically, by President Corazon Cojuangco-Aquino, who came from one of the
wealthiest landowning families in the country. Like in the American era, CARP aimed primarily to
redistribute private- and government-owned lands to landless Filipino farmers.

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2. Republic Act No. 9700 — 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
CARP was meant to run for 10 years, then its funds were extended for another 10 years. When
it was finally due to end in 2008, it was considered unsuccessful. So President Gloria Macapagal-
Arroyo signed into law Republic Act No. 9700, which created the Comprehensive Agrarian Reform
Program Extension with Reforms (CARPER). It extended the original CARP by 5 more years.

Section 1 of Republic Act No. 9700

Declaration of Principles and Policies [amending Section 2 of R.A. 6657]
The State recognizes that there is not enough agricultural land to be divided and distributed to
each farmer and regular farmworker so that each one can own his/her economic-size family farm. This
being the case, a meaningful agrarian reform program to uplift the lives and economic status of the
farmer and his/her children can only be achieved through simultaneous industrialization aimed at
developing a self-reliant and independent national economy effectively controlled by Filipinos.
To this end, the State may, in the interest of national welfare or defense, establish and operate vital
industries.
A more equitable distribution and ownership of land, with due regard to the rights of landowners
to just compensation, retention rights under Section 6 of Republic Act No. 6657, as amended, and to the
ecological needs of the nation, shall be undertaken to provide farmers and farmworkers with the
opportunity to enhance their dignity and improve the quality of their lives through greater productivity
of agricultural lands.
The agrarian reform program is founded on the right of farmers and regular farmworkers, who are
landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive
a just share of the fruits thereof. To this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to the priorities and retention limits set forth in this Act,
taking into account ecological, developmental, and equity considerations, and subject to the payment of
just compensation. The State shall respect the right of small landowners, and shall provide incentive for
voluntary land-sharing.
As much as practicable, the implementation of the program shall be community-based to assure,
among others, that the farmers shall have greater control of farmgate prices, and easier access to credit.
The State shall recognize the right of farmers, farmworkers and landowners, as well as
cooperatives and other independent farmers’ organizations, to participate in the planning,
organization, and management of the program, and shall provide support to agriculture through
appropriate technology and research, and adequate financial, production, marketing and other support
services.
The State shall recognize and enforce, consistent with existing laws, the rights of rural women to
own and control land, taking into consideration the substantive equality between men and women as
qualified beneficiaries, to receive a just share of the fruits thereof, and to be represented in advisory or
appropriate decision-making bodies. These rights shall be independent of their male relatives and of
their civil status….

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Section 24 of Republic Act No. 9700

Prohibited Acts and Omissions [amending Section 73 of R.A. 6657]
The following are prohibited:
(a) The ownership or possession, for the purpose of circumventing the provisions of this Act, of
agricultural lands in excess of the total retention limits or award ceilings by any person, natural or
juridical, except those under collective ownership by farmer-beneficiaries;
(b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this
Act to avail themselves of the rights and benefits of the Agrarian Reform Program;
(c) Any conversion by any landowner of his/her agricultural land into any nonagricultural use with
intent to avoid the application of this Act to his/her landholdings and to dispossess his/her bonafide
tenant farmers;
(d) The malicious and willful prevention or obstruction by any person, association or entity of the
implementation of the CARP;
(e) The sale, transfer, conveyance or change of the nature of lands outside of urban centers and
city limits either in whole or in part after the effectivity of this Act, except after final completion of the
appropriate conversion under Section 65 of Republic Act No. 6657, as amended. The date of the
registration of the deed of conveyance in the Register of Deeds with respect to titled lands and the date
of the issuance of the tax declaration to the transferee of the property with respect to unregistered
lands, as the case may be, shall be conclusive for the purpose of this Act;
(f) The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary
right over the land he/she acquired by virtue of being a beneficiary, in order to circumvent the
provisions of this Act;
(g) The unjustified, willful, and malicious act by a responsible officer or officers of the government
through the following:
(1) The denial of notice and/or reply to landowners;
(2) The deprivation of retention rights;
(3) The undue or inordinate delay in the preparation of claim folders; or
(4) Any undue delay, refusal or failure in the payment of just compensation;
(h) The undue delay or unjustified failure of the DAR, the LBP, the PARC, the PARCCOM, and any
concerned government agency or any government official or employee to submit the required report,
data and/or other official document involving the implementation of the provisions of this Act, as
required by the parties or the government, including the House of Representatives and the Senate of
the Philippines as well as their respective committees, and the congressional oversight committee
created herein;
(i) The undue delay in the compliance with the obligation to certify or attest and/or falsification of
the certification or attestation as required under Section 7 of Republic Act No. 6657, as amended; and
(j) Any other culpable neglect or willful violations of the provisions of this Act.

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In the case of government officials and employees, a conviction under this Act is without prejudice
to any civil case and/or appropriate administrative proceedings under civil service law, rules and
regulations.
Any person convicted under this Act shall not be entitled to any benefit provided for in any agrarian
reform law or program.

Certificates of Land Ownership (CLOAs) for agrarian reform beneficiaries (ARBs)

Section 30 of Republic Act No. 9700

Resolution of Cases
Any case and/or proceeding involving the implementation of the provisions of Republic Act No.
6657, as amended, which may remain pending on June 30, 2014 shall be allowed to proceed to its
finality and be executed even beyond such date.

It’s this final provision — section 30 — that allows land redistribution under Republic Act No. 9700 to still
continue to this day, even after the end date of the CARPER.
Even then, genuine agrarian reform continues to be met with obstacles:
o Landowner resistance — in some instances, the landowners file cases against farmers and/or
personnel of the Department of Agrarian Reform (DAR); in other instances, they subdivide their
land among relatives so that it would not be viewed as CARPable land

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o Exploitation of CARP/CARPER loopholes — one such loophole is the Stock Distribution Option
(SDO), wherein landowners distribute stock shares of the land to the farmers, instead of
distributing the land itself
o CLOAs given collectively instead of individually — the government might award a collective CLOA
for an undivided chunk of land to speed up the turnover to the beneficiaries, making it difficult for
the farmers to secure their individual rights as landowners
o Attacks against farmers — farmers, especially peasant activists and land-reform activists, are
repeatedly red-tagged and assassinated

STUDY QUESTIONS
You may choose to answer the following questions mentally, or use this opportunity to write your answer
down in a notebook and rest your eyes from the computer screen.
1. How are the emojis on the front page related to today’s lesson? Use your imagination!
2. What is the connection between a) our colonial experience as a whole, and b) the way we think of
land?
3. What is the connection between a) our colonial experience, and b) the way we treat our farmers?
If you’re having difficulty making sense of the questions, don’t hesitate to get in touch with your teacher and
classmates! J

LEARNING ACTIVITY
Since agrarian is a broad and complex topic, for this learning activity let’s focus on our present situation.
To get an idea of how the CARPER has been implemented and how it has affected Filipino farmers, watch either
of the two pre-selected episodes from the documentary series iWitness.

“Tiempo Muerto” “Gintong Butil”

with Atom Araullo with Sandra
Aguinaldo

Reflect on the contents of either documentary. Then answer the question: Should land-based reform
programs like CARP and CARPER be continued into the future? Why or why not?

In order to substantiate your answer, you will need to explore the news portal of
the DAR to get an idea of the department’s recent activities. You can scan the QR code
provided here to open the news portal. While it is easy to give an opinion on the fate
of the CARP and CARPER based solely on emotions from the documentary, it’s still
important to look at the issue objectively, from as many sides as possible.

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REFERENCES
Abinales, Patricio N., and Donna J. Amoroso. State and Society in the Philippines. 2nd ed. Quezon City: Ateneo
de Manila University Press, [2017].
Aguilar Jr. Filomeno V. “Rice and Magic: A Cultural History from the Precolonial World to the Present.”
Philippine Studies: Historical and Ethnographic Viewpoints 61, no. 3 (2013): 297-330.
https://www.jstor.org/stable/42634765.
Crippen, Harlan R. “Philippine Agrarian Unrest: Historical Backgrounds.” Science & Society 10, no. 4 (1946):
337-360. https://www.jstor.org/stable/40399790.
GMA Public Affairs. “I-Witness: 'Gintong Butil,' dokumentaryo ni Sandra Aguinaldo (full episode).” YouTube
video, 30:28. https://youtu.be/VS3Pew4Tatw.
---. “I-Witness: 'Tiempo Muerto,' dokumentaryo ni Atom Araullo (full episode).” YouTube video, 30:23.
https://youtu.be/Y6gq3nWLQx8.
Philippines – Congress of the Philippines. Republic Act No. 9700. 2009.
https://www.officialgazette.gov.ph/2009/08/07/republic-act-no-9700/.
Philippines – National Assembly. Act No. 4054. 1933. http://www.lis.dar.gov.ph/documents/216.
Philippines – Philippine Commission. Act No. 496. 1902. https://lmb.gov.ph/index.php/93-resources/v-
laws-and-policies/166-acts-2017.
---. Act No. 926. 1903. https://lmb.gov.ph/index.php/93-resources/v-laws-and-policies/166-acts-2017.
Sobritchea, Carolyn I. “The Philippine Peasantry of the Early Colonial Period.” Philippine Sociological Review
29, no. 1/4 (January-December 1981): 17-23. http://www.jstor.org/stable/23898417.

📸 Philippines – Department of Agrarian Reform. Untitled. Photograph. Department of Agrarian Reform,

https://www.dar.gov.ph/articles/news/101871.

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