AGRARIAN REFORM

GE: Readings in Philippine History

Abela, John Lloyd

Acino, Lliam RJ
Aureno, Nicolle L.
Balcueba, Jeanne May
Chavez, Keluoah Kate
Coching, Carl Justin
Cordero, Shezabeel I.
Limbaga, Therese Lorreine
Macalindong, David Caesar O.
Marañon, Cyra Mae E.
Padalapat, Hervey P.
Sotito, Eduard Dale P.

Prof. Rudolf Molina

GE: Readings in Philippine History
Palawan State University
BSME 1A
December, 2023
 Table of Contents

Agrarian Reform History

Department of Agrarian Reform ...................................................................................... 3

​ Pre-Spanish Period ............................................................................................................ 4

​
​ Spanish Period .................................................................................................................. 4
​
​ The First Philippine Republic ........................................................................................... 4
​
​ American Period ............................................................................................................... 4
​
​ Commonwealth Period ...................................................................................................... 4
​
​ Japanese Occupation ......................................................................................................... 5
​
​ The Philippine Republic ................................................................................................... 6
​
​ Policies ............................................................................................................................ 12
​
​ Services ........................................................................................................................... 13
​
​ Reference ........................................................................................................................ 15

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The Department of Agrarian Reform is the lead government agency that holds and
implements comprehensive and genuine agrarian reform which actualizes equitable land
distribution, ownership, agricultural productivity, and tenurial security for, of, and with
the tillers of the land towards improving their quality of life.

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 Agrarian Reform History

Pre-Spanish Period: "This land is Ours, God gave this land to us"

1. Villages or barangays led by chiefs or datus.

2. Social hierarchy: Datus (nobility), maharlikas (freemen), aliping mamamahay (serfs), and
aliping saguiguilid (slaves).
3. Money was absent; rice served as the medium of exchange.

Spanish Period: "United we stand, divided we fall"

1. Introduction of the encomienda system (Royal Land Grants).

2. Encomienderos had responsibilities, including defense, peace maintenance, and
missionary support.
3. Abuse led to the transformation of tribute into land rents, reducing natives to share
tenants.

First Philippine Republic: "The yoke has finally broken"

1. Aguinaldo intended to confiscate large estates, especially Friar lands.

2. The short-lived First Philippine Republic hindered implementation.

American Period: "Long live America"

Key legislations:

a. Philippine Bill of 1902 (ceiling on land acquisition).

b. Land Registration Act of 1902 (Torrens system).
c. Public Land Act of 1903 (homestead system).
d. Tenancy Act of 1933 (regulation of relationships).
e. Challenges with the Torrens system and survey costs.

Commonwealth Period: "Government for the Filipinos"

1. Quezon's "Social Justice" program to address social unrest.

2. Significant legislations:
a. 1935 Constitution emphasizing social justice.

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 b. Commonwealth Act No. 178 (amendment to Rice Tenancy Act).
c. Initiatives like NARIC and Rural Program Administration.

Japanese Occupation: "The Era of Hukbalahap"

1. World War II impact on the Philippines.

2. Hukbalahap control in Central Luzon during Japanese Occupation.
3. Land redistribution favored peasants, but gains were lost after the war.

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 Philippine Republic: "The New Republic"

In the post-independence period of the Philippine Republic, various administrations addressed

land tenure issues through legislative actions. Here is a summary of key laws and initiatives
during different presidencies:

Manuel A. Roxas (1946-1948):

1. Republic Act No. 34: Established the 70-30 sharing arrangements and regulated
share-tenancy contracts.
2. Republic Act No. 55: Provided effective safeguards against arbitrary ejectment of tenants.

Elpidio R. Quirino (1948-1953):

Executive Order No. 355 (October 23, 1950): Replaced the National Land Settlement
Administration with the Land Settlement Development Corporation (LASEDECO), taking over
responsibilities from the Agricultural Machinery Equipment Corporation and the Rice and Corn
Production Administration.

Ramon Magsaysay (1953-1957):

1. Republic Act No. 1160 (1954): Abolished LASEDECO and established the National
Resettlement and Rehabilitation Administration (NARRA) to resettle dissidents and
landless farmers.
2. Republic Act No. 1199 (1954 - Agricultural Tenancy Act): Governed the relationship
between landowners and tenant farmers, organizing share-tenancy and leasehold systems.
3. Republic Act No. 1400 (1955): Created the Land Tenure Administration (LTA),
responsible for acquiring and distributing large tenanted rice and corn lands.
4. Republic Act No. 821: Created the Agricultural Credit Cooperative Financing
Administration, providing low-interest loans to small farmers and share tenants.

Carlos P. Garcia (1957-1961):

Continued the agrarian reform program initiated by President Ramon Magsaysay without
enacting new legislation.

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Diosdado P. Macapagal (1961-1965):
Republic Act No. 3844 (1963 - Agricultural Land Reform Code): Abolished share tenancy,
institutionalized leasehold, set retention limits, granted rights of preemption and redemption for
tenant farmers, and established administrative and judicial systems for agrarian cases.

Ferdinand E. Marcos (1965-1986):

1. Proclamation No. 1081 (September 21, 1972): Declared Martial Law and initiated the
Agrarian Reform Program.
2. Republic Act No. 6389 and RA No. 6390 (1971): Created the Department of Agrarian
Reform and the Agrarian Reform Special Account Fund, strengthening farmers' positions
and expanding agrarian reform scope.
3. Presidential Decree No. 2 (September 26, 1972): Declared the country under a land
reform program, activating the Agrarian Reform Coordinating Council.
4. Presidential Decree No. 27 (October 21, 1972): Restricted land reform scope to tenanted
rice and corn lands, setting a retention limit at 7 hectares.

President Corazon C. Aquino (1986-1992)

During President Corazon C. Aquino's administration, the 1987 Constitution, ratified by the
Filipino people, emphasized the promotion of comprehensive rural development and agrarian
reform under Section 21 of Article II. On June 10, 1988, President Aquino signed Republic Act
No. 6657, known as the Comprehensive Agrarian Reform Law (CARL), which took effect on
June 15, 1988. Prior to the enactment of this law, four Presidential issuances were released in
July 1987 following 48 nationwide consultations:

1. Executive Order No. 228 (July 16, 1987):

a. Declared full ownership for qualified farmer-beneficiaries covered by PD 27.
b. Determined the value of remaining unvalued rice and corn lands subject to PD 27.
c. Provided the manner of payment by farmer-beneficiaries and the mode of
compensation to landowners.
2. Executive Order No. 229 (July 22, 1987):
a. Established mechanisms for implementing the Comprehensive Agrarian Reform
Program (CARP).
3. Proclamation No. 131 (July 22, 1987):

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 a. Instituted CARP as a major government program.
b. Established the Agrarian Reform Fund (ARF) with an initial amount of Php50
billion to cover the program's estimated cost from 1987 to 1992.
4. Executive Order No. 129-A (July 26, 1987):
a. Streamlined and expanded the power and operations of the Department of
Agrarian Reform (DAR).

Other significant enactments include:

1. Republic Act No. 6657 (June 10, 1988 - Comprehensive Agrarian Reform Law):
a. Instituted a comprehensive agrarian reform program to promote social justice and
industrialization.
b. Provided the mechanism for implementation.
2. Executive Order No. 405 (June 14, 1990):
a. Vested in the Land Bank of the Philippines the responsibility to determine land
valuation and compensation for all lands covered by CARP.
3. Executive Order No. 407 (June 14, 1990):
a. Accelerated the acquisition and distribution of various public lands suitable for
agriculture, including agricultural lands, pasture lands, fishponds, and
agro-forestry lands.

President Fidel V. Ramos (1992-1998)

Upon assuming office in 1992, President Fidel V. Ramos faced a public that had lost confidence
in the agrarian reform program. His administration pledged to achieve a "Fairer, faster, and more
meaningful implementation of the Agrarian Reform Program."

President Ramos enacted several laws to address the challenges and strengthen agrarian reform:

1. Republic Act No. 7881 (1995):

a. Amended certain provisions of RA 6657.
b. Exempted fishponds and prawns from the coverage of the Comprehensive
Agrarian Reform Program (CARP).
2. Republic Act No. 7905 (1995):
a. Aimed at strengthening the implementation of CARP.
3. Executive Order No. 363 (1997):
a. Introduced limitations on land conversion.

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 b. Set conditions under which specific categories of agricultural land were either
absolutely non-negotiable for conversion or highly restricted for conversion.
4. Republic Act No. 8435 (1997 - Agriculture and Fisheries Modernization Act, AFMA):
a. Addressed legal loopholes in land use conversion.
5. Republic Act No. 8532 (1998 - Agrarian Reform Fund Bill):
a. Provided an additional Php50 billion for CARP.
b. Extended the implementation of CARP for another 10 years.

These legislative actions were part of President Ramos's efforts to restore public trust in agrarian
reform and ensure a fair, efficient, and meaningful implementation of the program.

President Joseph E. Estrada (1998-2000)

Initiated Executive Order No. 151 (1999): The Farmer’s Trust Fund, aiming to consolidate small
farms into larger enterprises.

President Joseph Estrada, known for his popular slogan "ERAP PARA SA MAHIRAP" during
the 1998 presidential election, initiated key measures during his administration:

1. Executive Order No. 151 (September 1999) - Farmer's Trust Fund:

President Estrada enacted this order, allowing the voluntary consolidation of small farm
operations into medium and large-scale integrated enterprises. This consolidation aimed
to provide access to long-term capital for these integrated agricultural enterprises.

2. Magkabalikat Para sa Kaunlarang Agraryo (MAGKASAKA):

President Estrada launched MAGKASAKA during his administration. This program

involved joint ventures between the Department of Agrarian Reform (DAR) and private
investors in the agrarian sector. The goal was to enhance the competitiveness of
Farmer-Beneficiaries (FBs).

Despite these initiatives, President Estrada's administration was short-lived, marked by popular
demands for his ouster from office. The masses, who initially supported him, ultimately called
for his removal.

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Under President Gloria Macapagal-Arroyo (2000-2010), the focus was on making the
countryside economically viable:

The agrarian reform program during the Arroyo administration aimed to make the countryside
economically viable for Filipino families by promoting social equity, building partnerships, and
creating new economic opportunities for lasting peace and sustainable rural development. The
program focused on several key areas:

1. Land Tenure Improvement: The Department of Agrarian Reform (DAR) committed to

actively implementing the land acquisition and distribution component of the
Comprehensive Agrarian Reform Program (CARP). This included improving the land
tenure system through both land distribution and leasehold arrangements.
2. Provision of Support Services: CARP went beyond land distribution, encompassing a
range of support services. These services included credit assistance, extension services,
irrigation facilities, road and bridge construction, marketing facilities, and training and
technical support programs.
3. Infrastructure Projects: The DAR aimed to transform agrarian reform communities
(ARCs) into rural economic zones. This transformation was envisioned to create job
opportunities in the countryside, fostering sustainable economic growth.
4. KALAHI ARZone: The launch of KALAHI Agrarian Reform (KAR) Zones sought to
concentrate efforts in specific areas with a high population of ARC residents. The
objective was to achieve greater agro-productivity in these zones.
5. Agrarian Justice: To address the backlog of agrarian cases, the DAR planned to hire more
paralegal officers to support adjudicatory boards. Additionally, a quota system was
introduced to expedite the resolution of agrarian reform cases. The DAR aimed to uphold
the rights of both farmers and landowners in this process.

President Benigno Aquino III (2010-2016)

Completed CARP and launched initiatives like ARCCESS and APCP.

During President Benigno Aquino III's 2012 State of the Nation Address, he pledged to complete
the Comprehensive Agrarian Reform Program (CARP) by the end of his term, following through
on his mother's, President Corazon Aquino, centerpiece initiative. This commitment included the

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distribution of their family-owned Hacienda Luisita in Tarlac and extending the program to cover
privately owned lands of productive agricultural estates nationwide.

Under Aquino's administration, the Agrarian Reform Community Connectivity and Economic
Support Services (ARCCESS) project was established to contribute to rural poverty reduction,
particularly in agrarian reform areas. The Agrarian Production Credit Program (APCP) provided
credit support for crop production to agrarian reform beneficiaries' organizations and farmers'
groups not eligible for regular bank loans.

To expedite and closely monitor agrarian-related cases, Aquino launched the Legal Case
Monitoring System (LCMS), a web-based legal system recording various agrarian cases at
provincial, regional, and central offices of the Department of Agrarian Reform (DAR).

Additionally, Aquino enacted Executive Order No. 26 in 2011, mandating the Department of
Agriculture-Department of Environment and Natural Resources-Department of Agrarian Reform
Convergence Initiative to develop the National Greening Program in collaboration with other
government agencies.

President Rodrigo Duterte (2016-present)

Prioritizes an aggressive land reform program, emphasizing support services alongside land
distribution. Initiatives include the 2nd phase of agrarian reform, placing public lands under
agrarian reform, and addressing corruption in the Department of Agrarian Reform (DAR).
Ongoing efforts include the "Oplan Zero Backlog" to expedite agrarian justice delivery.

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Thrust and Policy Directions

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 Services

Land Tenure Services

Land Tenure Services encompasses two operational approaches: Land Acquisition and
Distribution (LAD) and leasehold operations.

1. Land Acquisition and Distribution (LAD):

a. LAD involves redistributing both government and private agricultural lands to
landless farmers and farm workers.
b. The primary goals of LAD include securing farmers' land tenure, promoting
social equity, and providing essential productive resources to ensure their
economic viability and productivity.
c. This approach contributes to the overall objectives of agrarian reform by
facilitating the transfer of land ownership to those who cultivate the land.
2. Leasehold Operations:
a. Leasehold operations serve as an alternative non-land transfer scheme within the
context of agrarian reform.
b. This approach encompasses all tenanted agricultural lands, including those in
retained areas not yet acquired for distribution under the Comprehensive Agrarian
Reform Program (CARP).
c. It also includes lands that may be validly covered under existing laws.
d. Leasehold operations offer a different mechanism for securing farmers' rights and
ensuring their access to and use of agricultural lands without necessarily
involving the transfer of ownership.

In summary, Land Tenure Services provides a dual approach, incorporating both land acquisition
and distribution for direct land transfer and leasehold operations as a non-land transfer option,
with the overarching goal of enhancing land tenure security and promoting the economic
sustainability of farmers.

Agrarian Legal Services

The Department of Agrarian Reform (DAR) has Agrarian Legal Services (ALS) as one of its
Major Final Outputs (MFO), consisting of two programs: agrarian legal assistance (ALA)
managed by the Bureau of Agrarian Legal Assistance (BALA) and adjudication of agrarian cases
under the Department of Agrarian Reform Adjudication Board (DARAB).

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Under Republic Act 6657, DAR has the primary authority to determine and adjudicate agrarian
matters while providing free legal assistance to affected farmer-beneficiaries. Agrarian justice
involves two main aspects: Adjudication of Cases and Agrarian Legal Assistance.

Agrarian Legal Assistance includes resolving agrarian law implementation (ALI) cases,
representing agrarian reform beneficiaries (ARB) before judicial and quasi-judicial bodies, and
facilitating mediation and conciliation. Adjudication of Cases, handled by DARAB, resolves
judicial or court cases, quasi-judicial cases, and those related to agrarian law implementation
(ALI).

The ALS program utilizes alternative dispute resolution methods, emphasizing mediation to
prevent conflicts from escalating to court cases. The overall goal is to encourage parties involved
to settle disputes amicably before resorting to legal proceedings.

ALS is divided into two components: Legal Advisory and Enforcement. Legal Advisory
provides legal services to ARBs and landowners, including mediation and representation in
courts. Client satisfaction and timely responses to legal service requests are key metrics for
assessment.

Enforcement involves the adjudication or resolution of agrarian cases and addressing annual
Agrarian Law Implementation (ALI) caseloads. Timely resolution of agrarian-related cases,
within three months, is a critical performance indicator for this MFO.

Agrarian Policy Advisory Services

The Major Final Output (MFO) on Agrarian Policy Advisory Services (APAS) is a focal point
for the formulation, updating, and dissemination of policy advisories. In the fiscal year 2015, the
Department of Agrarian Reform made significant strides by signing and issuing a total of 5
Administrative Orders and 1 Memorandum Circular. This underscores the department's
commitment to providing clear, updated, and well-disseminated policy guidance in the realm of
agrarian reform.

Technical Advisory Support Services

The Technical Advisory Support Services (TASS) is a pivotal agrarian reform component
specifically designed to empower Agrarian Reform Beneficiaries (ARBs) by providing them
with the essential tools and support services needed to enhance the productivity of their land.

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Under the MFO on TASS, the focus is on comprehensive development interventions orchestrated
by DAR and collaborating government agencies. These interventions encompass diverse
activities such as training programs, construction and rehabilitation of infrastructure facilities,
and ensuring access for ARB households to fundamental social services. The objective is to
deliver a holistic support system for the beneficiaries, emphasizing the development and
empowerment of ARBs through a multifaceted approach.

Key components and initiatives under TASS include the ARC Development Strategy, Agrarian
Reform Community Connectivity and Economic Support Services (ARCCESS), PBD Programs,
Projects, and Partnerships, Enterprise Development for ARBs, Enterprise-based Social Services
Systems Development, Capacity Development (CapDev) Program for ARBs, Credit and
Microfinance Programs, and Foreign Assisted Projects (FAPs). This robust framework ensures
that ARBs not only gain the necessary skills and knowledge but also have access to the resources
required for a successful and sustainable agrarian reform journey.

Reference:

Department of Agrarian Reform. (n.d.). https://www.dar.gov.ph/

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