Most agricultural countries have for long

periods of time have been continuously confronted

with the lingering problem on how to compensate the
plight of its farmers and in the process, been able to
accelerate the country’s agricultural development.
 For countless years, starting from the Spanish
period to early decades of the republic, the Filipino
farmers were badly neglected and tyrannically
oppressed by his landlord, whose behavior was one of
sheer
And while many attempts have been made in
the form of measures and laws passed and implemented
from one period to another, it was not until the
enactment of the Land Reform Code that the Filipino
farmer finally got his rightful due and thus became
emancipated from the bondage of the soil.
 A basic cause of the economic unrest in Asia,
where over four-fifths of the population is rural, is the
fact that too little land is available for too many people.
In most cases, much of the trouble is cause by the
inflexible hereditary vestments of title, the effects of
which are intensified by infeasible outmoded systems
of land tenure.
 Needless to state, our people, like their
ancestors, are serfs in a feudal system
. Most of the land is owned by a few. The great mass of
peasants are tenants, receiving meager shares of the
crops they raise and they are eternally in debt to the
landlords on loans at exorbitant interest.
 Land reform in the Philippines is a process
of redistributing land from the landlords to tenant –
farmers in order that they will be given a chance to own
a piece of land to improve their plight . With the
institution of land reform, the farmer may be able to
achieve a dignified existence in our society. He
becomes more independent, self reliant and responsible
citizen.
 Under the land reform program, the objective of
the tenant - farmers to owned lands are manifested. It
abolishes unfair land tenancy program and changes in
the land tenure systems.
Agrarian reform goes beyond the question of
land rights. It is concerned with the total development
of the farmer’s economic, social and political
transformation.
According to Sicat, Agrarian reform covers some or all
of the following elements.
1. Distribution of land to the cultivator;
2. Security of tenure and fair system of rental payments;
3. Improved methods of cultivation through the
improvement of rural institution serving the farmers
such as:

3.1. adequate credit

3.2. cooperative marketing
3.3. agricultural investment
 Land reform is just part of agrarian reform. It is not
just redistributing lands to landless tenant-farmers and farm
workers. It also embraces other factors that will fully
develop the new farmer owner to become productive and
useful citizen of the country.
This also includes the reform and development of
complimentary institutional frameworks such as agencies of
the government created to undertake the land reform, local
governments, rural educational and social welfare
institutions, and voluntary associations, non- government
organizations and farmers organizations.
History of
Agrarian
Reform
 During the pre – Spanish period, although
historical records are virtually non existent, it appears
that there were various types of land patterns practiced
in the Philippines. The tribal hunters and gatherers
existed in their resource ranges, with no system of
land-ownership. Shifting cultivators regarded all lands
as their public domain.
 A rudimentary form of private ownership was
practiced. No formal procedures for recognizing
private ownership such as documents, deeds or titles.
When the Indo-Malayan came, they introduced
the Muslim system of land distribution in Southern
Philippines which was unique from the pagan system.
Thus, the social system determined the land system in
pre Spanish times.
1. The Nobles – this social class could own land and
were from tribute payment.
2. The Serfs – they were entitled to cultivate certain
lands, but were required to pay an annual fee of one-
half of the yield of their crops to the datu. They
remained with the land as a result of this regular
payment.
3. The Slaves – they simply served the datu or the
Nobles and were owned by them. As a result, they
could be sold or traded.
 The close of the pre – Spanish period saw the
Filipinos highly dispersed )into small self – existent
groups ruled by a powerful chieftain who along with a
relatively few nobles laid claim to the best agricultural
lands.
 With the coming of the Spaniards, a new land
ownership system was introduced. Immediately, Spain
declared all lands in the Philippines as part of the
public domain regardless local customs, as such, the
Crown was at liberty to parcel out huge track of lands,
including the resources and inhabitants to loyal civilian
and military servants as rewards. The system of giving
lands to these people was called “Encomienda
System.”
 The system resulted in the exploitation of the
inhabitants. Abuses committed by the encomienderos led to
the abolition of the system in the middle of 17th century.
The encomienderos were replaced by the “cacique
class,”however , acquisition of land holdings became
rampant particularly among religious orders and few private
individuals. Share tenancy or the “kasama System” came
into existence. Large landholders leased portions of their
landed estates to intermediaries, who, in turn, rented out
parcels to peasants.
The Cacique class continues to grow due to inter-
marriage with the Spaniards. They gained stature with the
Spanish officials which gave them powers that they became
more oppresive.
 Because of the oppressive practices of the cacique
occasional rebellions occurred during the 18 th century in Central
Luzon. Among the causes were:

1. Enforced labor;
2. Relatively heavy head tax; and
3. Required church and government contributions.

At the close of the Spanish period, Gen. Emilio

Aguinaldo confiscated the friar lands and gave it to landless
peasants. However, majority of the agriculturally productive
lands were still in the hands of the caciques and the friars and a
small minority of the land in the legal possession of peasants.
 At the beginning of the period, Spanish land
records that had existed were either destroyed or lost,
leaving the legal situation with regard to holdings very
complicated. Again, it was a period when the
unscrupulous were able to wrest control of land away
from the small holders. Many caciques who had
maintained their positions through the Spanish period
were able to keep and even strenghthen their positions
under the americans.
 From 1903 to 1938 there was an increase in tenancy rate and
land ownership decreased. The decreased was directly attributed to the
tendency toward greater concentration of farms in the hands of fewer
individuals and in the rapid increase in the number operated under
some form of tenancy.

Realizing that the friar lands had been a major source of

irritation and since they occupied some of the best lands in the country,
the United States negotiated the purchase of 23 Friar Estates during the
early years of the century. The land was subdivided and offered for sale
to the Filipinos residing on it. This program was not understood by the
people. They could not understand why they should have to buy the
land their parents and forefathers had worked on and developed.

In 1938, the church still controlled an estimated 41, 782

hectares.
 The Public Land Act of 1902 which became
effective on July 26, 1904, offered homestead plots not
in excess of 16 hectares to families who had occupied
and cultivated the tract they were residing on since
August 1, 1898.
While legislation favored the small holder, in
reality the program left much to be desired. Ignorance
kept the Filipinos from taking advantage of the
American policy.
As the tenancy problem grew during the
1930s, several sporadic rebellions broke out in a high
tenancy areas.
 The SAKDALISTA movement was initiated in
1930 by Benigno Ramos, a former official who opposed
Quezon and the forthcoming Commonwealth, since he felt
it would merely strengthen the cacique system. Over
hundred Sakladistas were killed.

Further opposition to the government and local

government policies was evident during the 1940 election
when a socialist and peasant leader, Pedro Abad Santos
almost won against the candidate of the Pampango
landlords. Abad Santos espoused the idea of expropriation
of the religious and public states and their subdivisions to
the tenant farmers as the only answer to agrarian unrest.
 Indeed, the agrarian problem festered for so
long a time that the 1935 Constitution incorporated a
cardinal principle on social justice to insure the well –
being and economic security of all the people. To give
substance and meaning to this principle, several laws
were enacted to protect the working class both in
industry and agriculture.
 After the independence on July 4, 1946, the need for
land reform became pressing. There was agitation in the rebel
group particularly the HUKBALAHAP to wage a continuing
peasant struggle for agrarian reform. However, laws pass
during this period were not substantive enough to create
significant reform.
In 1946, Pres. Manuel Roxas enacted RA NO. 34 of
1946 providing for a 70 – 30 crop sharing arrangements and
regulating share tenancy contracts to solve land tenure
problems.
 In sept. 1954, pres. Ramon Magsaysay sign in
to law RA no. 1199 as amended by RA no. 2263 which
allowed for the division of crops. In 1955, the Land Reform
Act was enacted. The act however, cause a great deal of
controversy because it sought to strike at the basis of the
economic and political power of the major portion of the
Philippine elite – large landholders.

 In 1963, Pres. Diosdado Macapagal sign in to
law RA no. 3844, otherwise known as the Agricultural Land
Reform Code. Just the same, the program failed because of
political pressures.
 On Sept. 21, 1972, Pres. Ferdinand Marcos issued
presidential Decree no. 2, declaring the entire Philippines as
land reform area. On Oct. 21, 1972, Pres. Marcos sign
Presidential Decree No. 27, “emancipating the tenants-
farmers in all private agricultural lands primarily devoted to
rice and corn were deemed (hold) owners of the lands they
were tilling.

It was very bold step taken toward hastening the full

implementation and realization of agrarian reform.
Under the New Constitution, the primary governing
law on agrarian reform is RA No. 6657, otherwise known as
the Comprehensive Agrarian Reform Law of 1988.
 There are numerous objections to agrarian
reform, especially those voiced by the land owning
class affected by its implementation. Some of these
objections are:
Fragmentation of farm-holdings-
with the institution of land reform, big
landholdings is divided among tenant-farmers into a
family size land which is three (3) hectares. It is a
common knowledge that most of these farmers have
big family.
Once these farmers have reached the age of
unproductivity or his children have taken families of
their own, this piece of land will again be subdivided
among children and to their children’s children.
Small farms become less productive –

In the micro level, the farmers become more

productive. The farmers can rely on their products from
daily subsistence. However, in the macro level, the
people will suffer because there will be few production
for national consumptions.
Ineffective government programs –

Most of the program initiated by the

government on agrarian reforms and cooperatives are
in effective due to the inefficiency of the people
implementing the program. Farmers were never
consulted in the formulation of policies.
Agrarian Reform failed in the past

For so many centuries, several laws

decrease, orders and circulars were
formulated to help the farmers. Reforms
initiated by the government however,
remained to be realized. Failure of the
program may be attributed to the ff.
. Big landholdings are owned by elite politicians and
relatives;

. Failure of the government to provide measures that will

assist the farmers;

. Graft and Corruption; and

. Lack of unity and cooperation among farmers.

 Hereunder are some Laws passed to implement the agrarian
reform program in the Philippines:

1. Spanish Decree of 1880 – Enjoining land holders, whether

the caciques or peasants to secure legal titles to their lands.

2. Spanish decree of 1894 – A decree granting landholders

one year to secure legal titles to their land. Failures to the
landowners to secure land title will mean forfeiture of their
land.
3. Public Land Act of July 1, 1902 – this became effective on July
26, 1904 offering homestead plots not in excess of 16 hectares to
families who have occupied and cultivated the tract they were
residing on since Aug. 1,1898;

4. Act No. 4113 The Rice Share Tenancy Act of 1933 – Regulating
the tenancy share contracts by establishing minimum standards
of 50-50 crop sharing;

5. Act No.4113 (The Sugar Cane Tenancy Contracts) – An act

regulating the relationship of landowners and tenants of sugar
land;

6. Commonwealth Act No. 103 – An Act creating the Court of

Industrial Relations which will settle disputes between
landowners and agricultural workers;
7. Commonwealth Act No 213 – Defined and regulated
legitimate labor organizations;

8. Commonwealth Act No 178, 461 and 608 – A law giving

more protection to Agricultural tenants under Rice Share
Tenancy Act;

9. Republic Act No 34 of 1946 – provides 70 – 30 crop

sharing arrangements and regulating share tenancy
contracts.

10. Republic Act no. 1160 of 1954 – Establishing the National

Resettlement and Rehabilitation Administration to resettle
landless residents and other landless farmers;
 11. Republic Act no 1199 (The agricultural Tenancy Act of
1954) – Amended by RA No. 2263 allowing the division of
crops on the following basis:
Item equivalent of the crop
1. Land 30%
2. Labor 30%
3. Animals 5%
4. Implements 5%
5. Final Harrowing 5%
6. Transplanting 25%
7. Under this arrangement, if the tenant-farmers provided
items 2-6, he could receive maximum of 70% of the crop.
12. Republic Act No 1400 (Land Reform Act of 1955) –
Creating the Land Tenure Administration and providing for
the reduction of large landholdings, resettlement of tenants
in areas of abundant land; securing of land titles and the
provision of adequate credit facilities for the small
landholders;

13. Republic Act No 3844 (The Agricultural Land Reform

Code 1963) – Abolition of share tenancy and the imposition
of agricultural leasehold system. It also provides for the
eventual expropriation and subdivision of big landed estates
and their resale at cost and on installment to landless tillers.
Reduced the retention limits to 75 hectares;
14. Republic Act 6389 (Amendments to the Agricultural Land
Reform Code) – Creation of the dept. of agrarian reform
(DAR) to implement the agricultural land reform programs;

15. Reform Act 6390 (Agrarian Reform Special Fund Act) –

Created to finance the Agrarian Reform Program of the
government;

16. Presidential Decree No. 2 – Declaring the entire

Philippines as a land reform area;

17. Presidential Decree No 27 – Emancipating the tenant-

farmers from the bondage of the soil;
18. Proclamation No 131 – Instituting a Comprehensive
Agrarian Reform Program;

19. Executive order No. 229 – Providing for the

mechanisms on the implementation of the program.

20. Republic act No 6657 (The Comprehensive Agrarian

Reform Law of 1988) – An act instituting the CARP to
promote social justice and industrialization, providing
the mechanism for its implementation and for other
purposes.