SSP

FIRST REPUBLIC OF THE PHILIPPINES

The Department of Agriculture and Manufacturing was formed 11 days after the
proclamation of the Philippine Independence on June 12, 1898. The Department was one
of the first agencies that President Emilio Aguinaldo formed.
The Department was then headed by three directors, Jose Alejandrino (1898-
1899), Graciano Gonzaga, and Leon Ma. Guerrero, during the latter part of 1899.

During the first Philippine Republic, the government which was headed General Emilio
Aguinaldo attempted to confiscate large landed estates, especially the Friar lands (lands
shared by Augustinians, Dominicans and Recollects). Yet this did not materialize because
the term of the Republic was short.

The revolutionary government confiscated the large landed estates, especially the friar
lands and declared these as properties of the government. (Malolos Constitution, 1896,
Article XVII)

AMERICAN PERIOD

Realizing that being landless was the main cause of social unrest and revolt at that time,
the Americans sought to put an end to the miserable conditions of the tenant tillers and
small farmers by passing several land policies to widen the base of small landholdings
and distribute land ownership among the greater number of Filipino tenants and farmers.

During the American regime, several land reform laws were passed to coordinated and
improved land tenure.
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The Philippine Bill of 1902 was one of the most significant legislation gave more specific
conditions on the final settlements or disposition of public lands. This law provided
regulations 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. This also
gave the rights to the Americans to own agricultural lands. Some 400,000 native farmers
were without titles at the start of the American era, this situation was also aggravated by
the absence of records of issued titles and accurate land surveys. To remedy the
situation, the Torrens system was then introduced to replace the registration system
implemented by the Spaniards.

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The Land Registration Act of 1902 (Act No. 496) provided a systematic registration of
land titles under the Torrens System.
Torrens title is a system of land registration and land transfer that relies on a state-
maintained register of land holdings. The person recorded as the owner of a property in
the register is the absolute owner of that property. It is considered conclusive and
uncontestable proof of ownership and cannot be altered.

The Philippines uses the Torrens system of land registration. Under this system, a
Torrens title is conclusive against third parties, including the government. A holder of a
Torrens title in good faith is guaranteed that his/her title is indefeasible, unassailable and
imprescriptible.

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The Public Land Act of 1903 or the Homestead program This program allowed an
enterprising tenant to acquire a farm of at least 16 hectares to cultivate. However, the
program was not implemented nationwide and was introduced only in some parts of
Mindanao and Northern Luzon, where there were available public alienable and
disposable lands. There was no limit on the size of landholdings one could possess.
Landholdings were once again concentrated in the hands of fewer individuals who can
afford to buy, register, and acquire fixed titles of their properties. Hence, more lands were
placed under tenancy. There were widespread peasant uprisings, headed by the armed
peasants' groups known as Colorum and Sakdalista of Luzon and Northeastern
Mindanao respectively. These uprisings resulted to social disorder in 1920's and 1930's.
Hence, more militant peasants and workers' organizations bonded together for a more
collective action against the abuses of landlords and unjust landownership situation. This
gave birth to the Communist Party of the Philippines.

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the Rice Share Tenancy Act of 1933 (Act No. 4054 and 4113) regulated relationships
between landowners and tenants of sugar can fields.

Primarily, the Act provided for better tenant-landlord relationship, a 50–50 sharing of the
crop, regulation of interest to 10% per agricultural year, and a safeguard against arbitrary
dismissal by the landlord.

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However, the Land registration Act of 1902 did not completely solve the problem of land
registration under the Torrens System because the lands 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.

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AQUINO
Various sectors recognized agrarian reform as a worthwhile social investment. In terms
of the tenant-tiller status, this improved particularly those within landowners' retained
areas or on landholdings subject for coverage. It's during this administration that the
present adjudication system was introduced. This gave DAR, the original and exclusive
jurisdiction over agrarian disputes as quasi-judicial powers.

(1) Executive Order No. 228, July 16, 1987, which declared full 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 Agrarian Reform Program (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 Php50 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.

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RAMOS

• The Ramos administration is recognized for bringing back support of key

stakeholders of CARP by bridging certain policy gaps on land acquisition and distribution,
land valuation, and case resolution.
• It is also credited for enhancing internal operating systems and strengthening the
capabilities of the DAR bureaucracy.
This administration is also credited for tapping more
resources to help implement the program.

(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 prescribe the guidelines for the protection of areas
non-negotiable or conversion and monitoring compliance with Section 20 of the Local
Government Code
(4) Republic Act No. 8435 of 1997 of 1997 (Agriculture and Fisheries Modernization Act
AFMA) is an act prescribing urgent related measures to modernize the agriculture and
fisheries sectors of the country to increase profitability.
(5) Republic Act No. 8532 of 1998, an act strengthening further the Comprehensive
Agrarian Reform Program (CARP) by providing augmentation fund.

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ESTRADA

The administration saw the urgency of land distribution and believed that it can be served
if it is built on farmers’ capacities to pursue their own development.

One of the first things this administration did was to rework performance targets – by
focusing on the number of hectares of land distributed coupled with an accounting of
farmer beneficiaries and the specific croplands and farm systems covered.

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.

Magkabalikat para sa Kaunlarang Agraryo or MAGKASAKA. The concept was for

investors to bring in capital, technology and management support while the farmers will
contribute, at most, the use of their land itself.

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 the time.