RA 6657
AGRARIAN REFORM
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 arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work. Land Reforms o to a wide variety of specific programs and measures to bring about more effective control and use of land for the benefit of the community as a whole o reforms generally comprise the takeover of land by state from big land lords with partial compensation and transfer it to small farmers and landless workers o aimed at changing the agrarian structure to bring equity and to increase productivity o structure MAN-LAND relationship MAN-MAN relationship (tenantlandlord)
SPANISH OCCUPATION PERIOD
Filipinos lived in villages or barangays ruled by chiefs or datus Datus comprised the nobility Maharlikas – freemen Aliping mamamahay – serfs Aliping saguiguilid – slavs despite the existence of different classes in the social structure, practically everyone had access to the fruits of the soil
Established in 1899 Malolos Constitution o confiscate large estates, especially the socalled Friar lands o although this was never implemented because the republic was short-lived
AMERICAN OCCUPATION PERIOD
PRE-SPANISH PERIOD
Encomienda – royal land grants System - Encomienderos must defend his encomienda from external attack, maintain peace and order within, and support the missionaries o acquired the right to collect tribute from the indios (native) the system was eventually abused by the encomienderos o The tribute soon became land rents to a few powerful landlords o And the natives who once cultivated the lands in freedom were transformed into mere share tenants
1ST PHILIPPINE REPUBLIC
HISTORY OF AGRARIAN REFORM Land reform in the Philippines has long been a contentious issue rooted in the Philippines's Spanish Colonial Period. Some efforts began during the American Colonial Period with renewed efforts during the Commonwealth, following independence, during Martial Law and especially following the People Power Revolution in 1986. The current law, the Comprehensive Agrarian Reform Program, was passed following the revolution and recently extended until 2014
Money was unknown, and rice served as the medium of exchange
Philippine Bill of 1902 o Set the ceilings on the hectarage of private individuals and corporations may acquire: 16 hectares for private individuals and 1,024 hectares for corporations Land Registration Act of 1902 (Act No. 496) o Provided for a comprehensive registration of land titles under the Torrens system Public Land Act of 1903 o introduced the homestead system in the Philippines Tenancy Act of 1933 (Act No. 4054 and 4113) o regulated relationships between landowners and tenants of rice (50-50 sharing) and sugar cane lands The Torrens system o Americans instituted for the registration of lands o Did not solve the problem completely o 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
President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing social unrest in Central Luzon 1935 Constitution o "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 o Provided for certain controls in the landlord-tenant relationships National Rice and Corn Corporation (NARIC), 1936 o Established the price of rice and corn thereby help the poor tenants as well as consumers Commonwealth Act. No. 461, 1937 o 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 o Provided the purchase and lease of haciendas and their sale and lease to the tenants Commonwealth Act No. 441 enacted on June 3, 1939 o Created the National Settlement Administration with a capital stock of P20,000,000
JAPANESE OCCUPATION THE ERA OF HUKBALAHAP
HUKBALAHAP (Hukbo ng Bayan Laban sa Hapon) o controlled whole areas of Central Luzon o 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
PHILIPPINE REPUBLIC
Congress of the Philippines revised the tenancy law Manuel Roxas (1946-1948) 1. Republic Act No. 34 Established the 70-30 sharing arrangements and regulating share-tenancy contracts 2. Republic Act No. 55
Provided for a more effective safeguard against arbitrary ejectment of tenants Elpidio Quirino (1948-1953) 1. Executive Order No. 355 issued on October 23, 1950 Replaced the National Land Settlement Administration with Land Settlement Development Corporation (LASEDECO) takes over the responsibilities of the Agricultural Machinery Equipment Corporation and the Rice and Corn Production Administration Ramon Magsaysay (1953-1957) 1. Republic Act No. 1160 of 1954 Abolished the LASEDECO and established the National Resettlement and Rehabilitation Administration (NARRA) to resettle dissidents and landless farmers 2. Republic Act No. 1199 (Agricultural Tenancy Act of 1954) governed the relationship between landowners and tenant farmers by organizing share-tenancy and leasehold system provided security of tenure of tenants created the Court of Agrarian Relations 3. 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 4. 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 Carlos P. Garcia (1957-1961) o Continued the program of Ramon Magsaysay o No new legislation passed
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Diosdado Macapagal (1961-1965) 1. 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 o The RA was hailed as one that would emancipate Filipino farmers from the bondage of tenancy Ferdinand Marcos (1965-1986) o
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
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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 strengthens the position of farmers and expanded the scope of agrarian reform 2. Presidential Decree No. 2, September 26, 1972 Declared the country under land reform program enjoined all agencies and offices of the government to extend full cooperation and assistance to the DAR also activated the Agrarian Reform Coordinating Council 3. 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 Corazon C. Aquino (1986-1992) o
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
Executive Order No. 228, July 16, 1987 Declared full ownership to qualified farmer-beneficiaries covered by PD 27 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 2. Executive Order No. 229, July 22, 1987 Provided mechanism for the implementation of the Comprehensive Agrarian Reform Program (CARP). 3. 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. 4. Executive Order No. 129-A, July 26, 1987 streamlined and expanded the power and operations of the DAR. 5. Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Law) Instituted a comprehensive agrarian reform program to promote social justice and industrialization providing the mechanism for its implementation. This law is still the one being implemented at present. 6. 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. 7. Executive Order No. 407, June 14, 1990 Accelerated the acquisition and distribution of agricultural lands, pasture lands, fishponds, agroforestry lands and other lands of the public domain suitable for agriculture. Fidel Ramos()
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His administration committed to the vision :Fairer, faster and more meaningful implementation of the Agrarian Reform Program.
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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 nonnegotiable 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) o
initiated the enactment of the following law:
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and new economic opportunities towards lasting peace and sustainable rural development.”
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.
Launched the Magkabalikat Para sa Kaunlarang Agraryo (MAGKASAKA). The DAR forged into joint ventures with private investors into agrarian sector to make FBs competitive.
Gloria Macapagal Arroyo (2000-2010) o
Anchored on the vision “To make the countryside economically viable for the Filipino family by building partnership and promoting social equity
Land Tenure Improvement DAR remains vigorous in implementing land acquisition and distribution component of CARP. The DAR will improve land tenure system through land distribution and leasehold. 2. 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. 3. 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. 4. KALAHI AR Zone These zones consist of one or more municipalities with concentration of ARC population to achieve greater agro-productivity. 5. Agrarian Justice 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. Benigno C. Aquino (2010–2016) o
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DAR is bent on sustaining the gains of agrarian reform through its three major components– Land Tenure Improvement (LTI), Program Beneficiaries Development (PBD) and Agrarian Justice Delivery (AJD). Under President Aquino’s administration, the DAR’s PBD priorities are geared in:
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Undertaking convergence initiatives with rural development agencies to complement the resources and
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streamline the efforts of DAR, DA and DENR. Inking public-private partnerships (PPPs) develop models of collaboration and business models in AR areas with the participations of the CSOs, academe, research and development institutions and LGUs. Expanding official development assistance (ODA) portfolio in order to augment incomes for PBD. Integrating LTI and PBD on a provinceto-province basis. Shifting focus of low-LAD balance provinces to PBD. Unlocking credit facilities for the agrarian reform beneficiaries through capacity development for credit providers and farmer-borrowers.
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ASPECTS OF AGRARIAN REFORM 1.
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ECONOMIC o Vital position of agricultural in national economy o Obstacles to agricultural productivity o Agrarian reform, an instrument for increasing agricultural productivity SOCIO-CULTURAL Agrarian reform, a multifaceted program Assumptions about Filipino tenant farmers: o The tenancy problem, a centuries old problem, has its roots in pre-spanish and spanish pasts. Which created a kind of tenants who are strongly traditional and highly dependentminded. o Three kinds of landlords: the benevolent one who acts like a father to the tenant; the malevolent one who oppresses, and on with the combined characteristics of the two POLITICAL o Agrarian reform, a top-priority goal of government o Agrarian reform as a political process RELIGIOUS o Biblical background The basic law is contained in Leviticus 25, verse 23: "Land must not be sold in perpetuity, for he belongs to me and you are only strangers and guests. You will allow
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a right of redemption on all your landed property." This concept underlies all the Bible teaching on land. No other teaching is indicated prior to the time of Moses, nor is the teaching anywhere repealed. It is repeated and reinforced by the prophetic teachings. Papal teaching In this period of preparation for the visit of Pope Francis, we are bidden to turn to the fountain of all mercy, Jesus, and having received such mercy we in turn practice acts of mercy. In the Catechism of the Catholic Church we read: “The works of mercy are charitable actions by which we come to the aid of our neighbour in his spiritual and bodily necessities. Instructing, advising, consoling, comforting, are spiritual works of mercy, as are forgiving and bearing wrongs patiently. The corporal works of mercy consist especially in feeding the hungry, sheltering the homeless, clothing the naked, visiting the sick and imprisoned, and burying the dead. Among all of these, giving alms to the poor is one of the chief witnesses to fraternal charity: it is also a work of justice pleasing to God.” (CCC 2447) Church estates (Moral aspect of agrarian reform) Agrarian reform is demanded by the moral laws under so many titles: One reason concerns the peace and internal stability of a country Another reason for agrarian reform is the fact that the land-owner has been more than compensated for his investment on the land, while the tenant who made the landlord’s profits possible is still immersed in poverty There is also the question of injustice involved in landlordism Another consideration concerns the innate tendency of everyman to own land 5. A final consideration concerns the economy