AGRARIAN REFORMAGRARIAN REFORM

By:By:

Prof. Fernando R. Pedrosa, LL.B, Ph.D.Prof. Fernando R. Pedrosa, LL.B, Ph.D.

UST CRS, 1UST CRS, 1stst Sem., SY 2009-10 Sem., SY 2009-10

BRIEF HISTORICAL BRIEF HISTORICAL BACKGROUND OF AGRARIAN BACKGROUND OF AGRARIAN

REFORMREFORM

Historically, agrarian-related remedies Historically, agrarian-related remedies extended by past regimes and extended by past regimes and administrators proved to be totally administrators proved to be totally unable to fulfill the promise of alleviating unable to fulfill the promise of alleviating the quality of life of the landless the quality of life of the landless peasants.peasants.

The land laws have invariably contained The land laws have invariably contained provisions that enabled powerful provisions that enabled powerful landowners to circumvent the law, or landowners to circumvent the law, or even use the law to sustain and further even use the law to sustain and further strengthen their positions in power.strengthen their positions in power.

1.1. Pre-Spanish EraPre-Spanish Era - - Land was not unequally distributed Land was not unequally distributed

before the Spaniards came to the before the Spaniards came to the Philippines.Philippines.

- The notion of private property was - The notion of private property was unknown then.unknown then.

- The community (barangay) owned the - The community (barangay) owned the land.land.

2. Spanish Period (1521-1898)2. Spanish Period (1521-1898)

- One of the major initial policies of the - One of the major initial policies of the governorship of Legazpi was to recognize governorship of Legazpi was to recognize all lands in the Philippines as part of public all lands in the Philippines as part of public domain regardless of local customs.domain regardless of local customs.

- As such, the crown was at liberty to - As such, the crown was at liberty to parcel out huge tracts of Philippine lands parcel out huge tracts of Philippine lands as rewards to loyal civilian and military as as rewards to loyal civilian and military as rewards.rewards.

- In effect, communal ownership of land In effect, communal ownership of land gradually and slowly took the backseat.gradually and slowly took the backseat.

- Private ownership of land was Private ownership of land was introduced.introduced.

- With this arrangement, every municipal With this arrangement, every municipal resident was given his choice of the land resident was given his choice of the land for cultivation, free from tax.for cultivation, free from tax.

- Large tracts of uncultivated lands not Large tracts of uncultivated lands not circumscribed within a given municipality circumscribed within a given municipality were granted by the Spanish monarch to were granted by the Spanish monarch to deserving Spaniards.deserving Spaniards.

- This kind of ownership became known as This kind of ownership became known as the the encomiendaencomienda..

The encomienda system in the Spanish The encomienda system in the Spanish colonies began as a result of a Royal colonies began as a result of a Royal Order promulgated in December of 1503.Order promulgated in December of 1503.

By virtue of this Royal Order, By virtue of this Royal Order, encomiendas were granted to favor encomiendas were granted to favor Spanish officials and clerics who were Spanish officials and clerics who were entrusted the responsibility to look after entrusted the responsibility to look after the spiritual and temporal developments the spiritual and temporal developments of the natives in a colonized territory.of the natives in a colonized territory.

- In return for such a duty, the - In return for such a duty, the encomiendas enjoyed the right to have a encomiendas enjoyed the right to have a share in the tribute (share in the tribute (tributotributo) paid by the ) paid by the natives.natives.

- Legazpi himself had granted Legazpi himself had granted encomiendas to the friars, like the encomiendas to the friars, like the Agustinians in Cebu and Manila.Agustinians in Cebu and Manila.

- Almost all the grants that Legazpi - Almost all the grants that Legazpi extended to the Spanish officials and extended to the Spanish officials and friars were confined to what would friars were confined to what would eventually become the provinces of eventually become the provinces of Cavite, Laguna, Batangas, and Bulacan.Cavite, Laguna, Batangas, and Bulacan.

- Much later, in place of the encomiendas, the Much later, in place of the encomiendas, the Spanish authorities began to group together Spanish authorities began to group together several several barangaysbarangays into administration units. into administration units.

- They termed these units as They termed these units as pueblospueblos or or municipiosmunicipios which were governed by which were governed by gobernadorcillos.gobernadorcillos.

- Together, the cabezas and gobernadorcillos Together, the cabezas and gobernadorcillos made up of the landed class known as made up of the landed class known as caciques caciques (landed class).(landed class).

- At the passing of time, the Filipino At the passing of time, the Filipino caciques intermarried with Spaniards. caciques intermarried with Spaniards. This gave such class as This gave such class as mestizomestizo cast cast which exists to this day.which exists to this day.

- Through this enviable position, the Through this enviable position, the cabezas the gobernadorcillos gained cabezas the gobernadorcillos gained more and more stature or prestige with more and more stature or prestige with the Spanish civil and ecclesiastical the Spanish civil and ecclesiastical authorities, and the common people. authorities, and the common people.

- In time, the caciques were given the - In time, the caciques were given the prerogative of collecting taxes as well.prerogative of collecting taxes as well.

- This act vested in them great power.This act vested in them great power.

- Certainly, this did not help to endear Certainly, this did not help to endear them to the ordinary people.them to the ordinary people.

- Caciquism as an institution became deeply Caciquism as an institution became deeply rooted in Philippine soil. This paved the way to rooted in Philippine soil. This paved the way to many present-day agrarian problems and many present-day agrarian problems and unrests. unrests.

- As the cacique system grew, it also became As the cacique system grew, it also became more oppressive.more oppressive.

- This brought about colonial uprisings during This brought about colonial uprisings during the 19the 19thth century, which tended to occur in the century, which tended to occur in the areas with much agricultural activity such as areas with much agricultural activity such as Central Luzon.Central Luzon.

- Agrarian-related problems were the only Agrarian-related problems were the only source of major conflicts during this time. source of major conflicts during this time. Land was available in the entire Land was available in the entire archipelago.archipelago.

- The major sources of conflict and The major sources of conflict and rebellion were really the harsh Spanish rebellion were really the harsh Spanish impositions, such as: tributo, polo, impositions, such as: tributo, polo, encomienda, etc.encomienda, etc.

-

- During the 19During the 19thth century, several century, several developments occurred that solidified the developments occurred that solidified the land tenure system, and aroused land tenure system, and aroused antagonism over its injustices and antagonism over its injustices and inequalities. inequalities.

- -

- Since the Spaniards did not levy a land Since the Spaniards did not levy a land tax or a head tax (tax or a head tax (cedulacedula), and few ), and few records of land-ownership were kept, the records of land-ownership were kept, the Spanish government issued two Royal Spanish government issued two Royal Decrees: decreto realenga (1880) and Decrees: decreto realenga (1880) and the Maura Law (1894)the Maura Law (1894)

- These decrees ordered the caciques and These decrees ordered the caciques and natives, to secure legal title for their lands natives, to secure legal title for their lands or suffer forfeiture. or suffer forfeiture.

The Filipino peasants, either ignorant of the The Filipino peasants, either ignorant of the processes of the law or of the Spanish-written processes of the law or of the Spanish-written instructions, were just slow to respond.instructions, were just slow to respond.

The landowners (caciques) were quick to The landowners (caciques) were quick to react. They did not only register their own react. They did not only register their own landholdings but also took advantage of the landholdings but also took advantage of the ignorance of the peasants, by claiming ignorance of the peasants, by claiming peasant lands adjacent to their own holdings.peasant lands adjacent to their own holdings.

It was estimated that 400,000 Filipino It was estimated that 400,000 Filipino peasants were left without titles.peasants were left without titles.

No option was left for those No option was left for those dispossessed because documented titles dispossessed because documented titles to the land prevailed over verbal claims.to the land prevailed over verbal claims.

Hence, most Filipino landed peasants Hence, most Filipino landed peasants became mere tenants in their own lands.became mere tenants in their own lands.

The Royal Decree of 1894 (Maura Law) The Royal Decree of 1894 (Maura Law) deprived many Filipino peasants of their deprived many Filipino peasants of their own lands through scheming and own lands through scheming and treacherous ways of both Spaniards and treacherous ways of both Spaniards and caciques.caciques.

Other strategies of dispossessing peasants Other strategies of dispossessing peasants of their landholdings were:of their landholdings were:

1. Outright purchase at a low price of real 1. Outright purchase at a low price of real

estates (estates (realengarealenga) by a Spaniard or a ) by a Spaniard or a

cacique, from a badly-in-need peasants.cacique, from a badly-in-need peasants.

2. Mortgage system (pacto de retroventa); 2. Mortgage system (pacto de retroventa);

this is equivalent of today’s mortgage this is equivalent of today’s mortgage

system (system (sanglasangla).).

The mortgage system is equivalent of The mortgage system is equivalent of today’s mortgage system (today’s mortgage system (sanglasangla), where a ), where a landowner who has loaned a peasant some landowner who has loaned a peasant some money becomes this peasant landlord.money becomes this peasant landlord.

This happened simply because the system This happened simply because the system required the land to be collateral. While the required the land to be collateral. While the peasant had not paid back his loan, he paid peasant had not paid back his loan, he paid the landlord rent for the use of his own land.the landlord rent for the use of his own land.

Another source of land-related conflict by Another source of land-related conflict by the late 19the late 19thth century was the “friar lands”. century was the “friar lands”. Many farmers questioned the amount of Many farmers questioned the amount of land in grant given by the Spanish crown to land in grant given by the Spanish crown to the religious orders (i.e. Augustinians, the religious orders (i.e. Augustinians, Dominicans, Franciscans, and Recollect Dominicans, Franciscans, and Recollect Orders).Orders).

Tenants (Tenants (inquilinosinquilinos) paid tax termed as ) paid tax termed as “canon” to the friars.“canon” to the friars.

3. 3. Philippine Revolutionary Government Philippine Revolutionary Government (1898-1899)(1898-1899)

- After the first Philippine Republic was - After the first Philippine Republic was established in 1899, the government of established in 1899, the government of Emilio Aguinaldo declared its intention to Emilio Aguinaldo declared its intention to confiscate large estates, esp. the friar confiscate large estates, esp. the friar lands.lands.

4. American Regime (1898-1935)4. American Regime (1898-1935)

- The Americans, considered by Filipino - The Americans, considered by Filipino revolutionists, as messiahs (liberators revolutionists, as messiahs (liberators from Spanish colonial rule), finally from Spanish colonial rule), finally unmasked their true color. They unmasked their true color. They themselves became the new colonizers themselves became the new colonizers by virtue of the Treaty of Paris (Dec. 10, by virtue of the Treaty of Paris (Dec. 10, 1898).1898).

The Treaty of Paris ended the Spanish-The Treaty of Paris ended the Spanish-American War, and Spain ceded the American War, and Spain ceded the Philippines, Guam and Puerto Rico to Philippines, Guam and Puerto Rico to America. America.

Despite the apparent desire of the American Despite the apparent desire of the American government to improve the land-tenure government to improve the land-tenure situation of the country, the following land situation of the country, the following land laws and policies did not help in any way:laws and policies did not help in any way:

1) Treaty of Paris1) Treaty of Paris 2) Land Registration Act of 19022) Land Registration Act of 1902 3) Public Land Act of 19073) Public Land Act of 1907 4) Cadastral Act of 19074) Cadastral Act of 1907 5) Friar Lands Act of 19075) Friar Lands Act of 1907

5. Commonwealth Era (1935-1946)5. Commonwealth Era (1935-1946)

- The government headed by Manuel - The government headed by Manuel Quezon, passed and implemented the Quezon, passed and implemented the Rice Tenancy Act of 1933 (i.e. Act No. Rice Tenancy Act of 1933 (i.e. Act No. 4054). 4054).

- Its purpose was to regulate the share - Its purpose was to regulate the share tenancy contracts by establishing tenancy contracts by establishing minimum standards.minimum standards.

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

- The desire of Quezon to placate both The desire of Quezon to placate both landlords and tenants pleased neither. By landlords and tenants pleased neither. By early 1940s, thousands of tenants in early 1940s, thousands of tenants in Central Luzon were ejected from their Central Luzon were ejected from their farmlands, and rural conflict was more farmlands, and rural conflict was more acute than ever.acute than ever.

6. Japanese Occupation (1941-1945)6. Japanese Occupation (1941-1945)

- The Japanese occupation had a - The Japanese occupation had a tremendous impact on the agrarian issue. tremendous impact on the agrarian issue. From the ranks of the peasant and labor From the ranks of the peasant and labor organization, and from the merger of the organization, and from the merger of the Communist Party of the Philippines and Communist Party of the Philippines and the Socialist Party emerged the HUKBO the Socialist Party emerged the HUKBO NG BAYAN LABAN SA HAPON NG BAYAN LABAN SA HAPON (HUKBALAHAP). (HUKBALAHAP).

- The HUKBALAHAP was headed by a The HUKBALAHAP was headed by a charismatic peasant leader, Luis Taruc. charismatic peasant leader, Luis Taruc.

- In addition to fighting the Japanese, the In addition to fighting the Japanese, the Huks also took upon the cause of the Huks also took upon the cause of the peasant against the landlords who often peasant against the landlords who often collaborated with the Japanese to collaborated with the Japanese to maintain their dominant position.maintain their dominant position.

7. Third Philippine Republic7. Third Philippine Republic

a. Roxas Administration (1946-1948)a. Roxas Administration (1946-1948)

- I- In 1946, Roxas proclaimed the Rice n 1946, Roxas proclaimed the Rice

Share Tenancy Act of1933 effective Share Tenancy Act of1933 effective

throughout the country.throughout the country.

- R.A. No. 34 of 1946, known as - R.A. No. 34 of 1946, known as

Tenant Act, provided for a 70-30 Tenant Act, provided for a 70-30

sharing arrangements, and regulated sharing arrangements, and regulated

share-tenancy contracts.share-tenancy contracts.

b. Quirino Administration (1948-1953)b. Quirino Administration (1948-1953)

- There were no agrarian reform laws - There were no agrarian reform laws passed during the Quirino administration. passed during the Quirino administration. Instead, the agrarian reform policy of his Instead, the agrarian reform policy of his predecessor was continued but with little predecessor was continued but with little success.success.

c. Magsaysay Administration (1953-c. Magsaysay Administration (1953-

1957)1957)

- - This administration signed into law two This administration signed into law two

land-related bills: the Agricultural Tenancy land-related bills: the Agricultural Tenancy Act of 1954 (R.A. No.1199), and Land Act of 1954 (R.A. No.1199), and Land Reform Act of 1955 (R.A. No. 1400).Reform Act of 1955 (R.A. No. 1400).

- The Agricultural Tenancy Act of 1954 - The Agricultural Tenancy Act of 1954 allowed tenants to shift from share allowed tenants to shift from share tenancy to leasehold.tenancy to leasehold.

- In leasehold system, a tenant pays for a - In leasehold system, a tenant pays for a fixed amount to the landlord instead of fixed amount to the landlord instead of the variable share.the variable share.

- The Act also prohibited the ejection of - The Act also prohibited the ejection of tenants, unless the Court of Agrarian tenants, unless the Court of Agrarian Relations found just cause. Relations found just cause.

d. Garcia Administration (1957-1961)d. Garcia Administration (1957-1961)

- This administration did not make any - This administration did not make any law or major pronouncements on law or major pronouncements on agrarian reform. No new policies were agrarian reform. No new policies were made. made.

e. Macapagal Administratione. Macapagal Administration

- He signed into law the Agricultural Land - He signed into law the Agricultural Land Reform Code of 1963 (R.A. No. 3844). Reform Code of 1963 (R.A. No. 3844). This code provided for the purchase of This code provided for the purchase of private farmlands with the intention of private farmlands with the intention of distributing them in small lots to the distributing them in small lots to the landless tenants on easy terms of landless tenants on easy terms of payment.payment.

- In comparison with previous agrarian - In comparison with previous agrarian legislations, the law lowered the retention legislations, the law lowered the retention limit to 75 hectares, whether owned by limit to 75 hectares, whether owned by individuals or corporations. individuals or corporations.

- It prohibited sharehold tenancy and - It prohibited sharehold tenancy and established the leasehold system.established the leasehold system.

- It was viewed that a 75-retention limit - It was viewed that a 75-retention limit was just too high for the growing was just too high for the growing population density.population density.

f. Marcos Administrationf. Marcos Administration

1. Pre-Martial Law (First term, 1965-69)1. Pre-Martial Law (First term, 1965-69)

- The Agricultural Land Reform Code The Agricultural Land Reform Code continued to be implemented by Marcos.continued to be implemented by Marcos.

- Second term (1969-73)Second term (1969-73)

Congress amended the Agricultural Congress amended the Agricultural Land Reform Code (p.144)Land Reform Code (p.144)

- Agrarian Reform Special Fund Act (R.A. - Agrarian Reform Special Fund Act (R.A. No. 6390) was passed.No. 6390) was passed.

Martial Law (1972-1981)Martial Law (1972-1981)

- - On Sept. 21, 1971, Marcos declared On Sept. 21, 1971, Marcos declared Martial Law. Five days later, he issued Martial Law. Five days later, he issued Presidential Decree (P.D.) No. 2, Presidential Decree (P.D.) No. 2, declaring the entire country a land reform declaring the entire country a land reform area.area.

- Oct. 21,1971, Marcos again issued P.D. Oct. 21,1971, Marcos again issued P.D. No. 27 (Tenant Emancipation Act). This No. 27 (Tenant Emancipation Act). This launched Operation Land Transfer (OLT), launched Operation Land Transfer (OLT), transferring tenants’ ownership of land transferring tenants’ ownership of land they tilled to them, and providing the they tilled to them, and providing the instruments and mechanisms needed.instruments and mechanisms needed.

Marcos Administration(Third term, 1981-86)Marcos Administration(Third term, 1981-86)

- Contined P.D. No. 2 and P.D. No. 27/ - Contined P.D. No. 2 and P.D. No. 27/

g. Aquino Administration (1986-1992)g. Aquino Administration (1986-1992)

- Upon assumption into power, Aquino - Upon assumption into power, Aquino declared that “her government will expand declared that “her government will expand the land reform program in the country to the land reform program in the country to reflect a true liberation of the Filipino reflect a true liberation of the Filipino farmer from the clutches of landlordism farmer from the clutches of landlordism and transform him into a truly reliant and transform him into a truly reliant citizen, participating in the affairs of the citizen, participating in the affairs of the nation.”nation.”

- Aquino described her agrarian reform as Aquino described her agrarian reform as “the most fundamental and far-reaching “the most fundamental and far-reaching program of government for it adheres to program of government for it adheres to the economic well-being and dignity of the economic well-being and dignity of many Filipinos.”many Filipinos.”

- She made agrarian reform as the She made agrarian reform as the “centerpiece of her government.”“centerpiece of her government.”

- The primary governing law on agrarian The primary governing law on agrarian reform during the Aquino administration reform during the Aquino administration was R.A. No. 6657, known as was R.A. No. 6657, known as Comprehensive Agrarian Reform Law Comprehensive Agrarian Reform Law (CARL) of 1988. (CARL) of 1988.

- This was signed into law on June 10, This was signed into law on June 10, 1988, and became effective on June 15, 1988, and became effective on June 15, 1988. 1988.

- The R.A. No. 6657 is intended “to promote - The R.A. No. 6657 is intended “to promote social justice and industrialization social justice and industrialization providing the mechanism for its providing the mechanism for its implementation and for other purposes.”implementation and for other purposes.”

The CARP: An OverviewThe CARP: An Overview1.1. Meaning of CARPMeaning of CARP

2.2. Foundations of CARPFoundations of CARP

a. Biblical conceptsa. Biblical concepts

1) Land resources are God’s property.1) Land resources are God’s property.

2) Man is only a caretaker of God-2) Man is only a caretaker of God-

given property.given property.

3) Ownership has social responsibility.3) Ownership has social responsibility.

4) Ownership is universal but not 4) Ownership is universal but not

absoluteabsolute..

b. Socio-anthropological conceptb. Socio-anthropological concept

3. Salient Features of the CARP3. Salient Features of the CARP

a. Concepta. Concept

b. Coverageb. Coverage

c. Program implementationc. Program implementation

d. Participatorinessd. Participatoriness

e. Beneficiariese. Beneficiaries

f. Non-land transfer program f. Non-land transfer program

The CARP: A Decade The CARP: A Decade AfterAfter (1988-1998) (1988-1998)

DAR : 4.3 million hectares (CARPable)DAR : 4.3 million hectares (CARPable) 3.8 hectares distributed3.8 hectares distributed DENR : 3.8 (CARPable)DENR : 3.8 (CARPable) 1.9 hectares distributed1.9 hectares distributed 3.2 million families benefited from CARP3.2 million families benefited from CARP 1998-2008 (June 10) extension1998-2008 (June 10) extension