Agrarian Reform History
Agrarian Reform History
Agrarian Reform History
“This land is Ours God gave this land to us” “The yoke has finally broken”
Before the Spaniards came to the Philippines, Filipinos lived in villages or When the First Philippine Republic was established in 1899, Gen. Emilio
barangays ruled by chiefs or datus. The datus comprised the nobility. Then Aguinaldo declared in the Malolos Constitution his intention to confiscate
came the maharlikas (freemen), followed by the aliping mamamahay (serfs) large estates, especially the so-called Friar lands.
and aliping saguiguilid (slaves).
However, as the Republic was short-lived, Aguinaldo’s plan was never
However, despite the existence of different classes in the social structure, implemented.
practically everyone had access to the fruits of the soil. Money was unknown,
and rice served as the medium of exchange. American Period
“United we stand, divided we fall” Significant legislation enacted during the American Period:
When the Spaniards came to the Philippines, the concept of encomienda Philippine Bill of 1902 – Set the ceilings on the hectarage of private
(Royal Land Grants) was introduced. This system grants that Encomienderos individuals and corporations may acquire: 16 has. for private individuals
must defend his encomienda from external attack, maintain peace and order and 1,024 has. for corporations.
within, and support the missionaries. In turn, the encomiendero acquired the Land Registration Act of 1902 (Act No. 496) – Provided for a
right to collect tribute from the indios (native). comprehensive registration of land titles under the Torrens system.
Public Land Act of 1903 – introduced the homestead system in the
The system, however, degenerated into abuse of power by the encomienderos Philippines.
The tribute soon became land rents to a few powerful landlords. And the Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated relationships
natives who once cultivated the lands in freedom were transformed into mere between landowners and tenants of rice (50-50 sharing) and sugar
share tenants. cane lands.
The Torrens system, which the Americans instituted for the registration of
lands, did not solve the problem completely. 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.
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Commonwealth Period Hukbalahap controlled whole areas of Central Luzon; landlords who
supported the Japanese lost their lands to peasants while those who
“Government for the Filipinos” supported the Huks earned fixed rentals in favor of the tenants.
President Manuel L. Quezon espoused the "Social Justice" program to arrest Unfortunately, the end of war also signaled the end of gains acquired by the
the increasing social unrest in Central Luzon. peasants.
Significant legislation enacted during Commonwealth Period: Upon the arrival of the Japanese in the Philippines in 1942, peasants and
workers organizations grew strength. Many peasants took up arms and
1935 Constitution – "The promotion of social justice to ensure the well- identified themselves with the anti-Japanese group, the HUKBALAHAP (Hukbo
being and economic security of all people should be the concern of the ng Bayan Laban sa Hapon).
State"
Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. Philippine Republic
4045), Nov. 13, 1936 – Provided for certain controls in the landlord-
tenant relationships “The New Republic”
National Rice and Corn Corporation (NARIC), 1936 – Established the
price of rice and corn thereby help the poor tenants as well as After the establishment of the Philippine Independence in 1946, the problems
consumers. of land tenure remained. These became worst in certain areas. Thus the
Commonwealth Act. No. 461, 1937 – Specified reasons for the dismissal Congress of the Philippines revised the tenancy law.
of tenants and only with the approval of the Tenancy Division of the
Department of Justice. President Manuel A. Roxas (1946-1948) enacted the following laws:
Rural Program Administration, created March 2, 1939 – Provided the
purchase and lease of haciendas and their sale and lease to the Republic Act No. 34 -- Established the 70-30 sharing arrangements and
tenants. regulating share-tenancy contracts.
Commonwealth Act No. 441 enacted on June 3, 1939 – Created the Republic Act No. 55 -- Provided for a more effective safeguard against
National Settlement Administration with a capital stock of P20,000,000. arbitrary ejectment of tenants.
President Diosdado P. Macapagal (1961-1965) enacted the following law: President Corazon C. Aquino (1986-1992)
Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) -- The Constitution ratified by the Filipino people during the administration of
Abolished share tenancy, institutionalized leasehold, set retention limit at 75 President Corazon C. Aquino provides under Section 21 under Article II that
hectares, invested rights of preemption and redemption for tenant farmers, “The State shall promote comprehensive rural development and agrarian
provided for an administrative machinery for implementation, institutionalized reform.”
a judicial system of agrarian cases, incorporated extension, marketing and
supervised credit system of services of farmer beneficiaries.
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On June 10, 1988, former President Corazon C. Aquino signed into law Executive Order No. 407, June 14, 1990 – Accelerated the acquisition
Republic Act No. 6657 or otherwise known as the Comprehensive Agrarian and distribution of agricultural lands, pasture lands, fishponds, agro-
Reform Law (CARL). The law became effective on June 15, 1988. forestry lands and other lands of the public domain suitable for
agriculture.
Subsequently, four Presidential issuances were released in July 1987 after 48
nationwide consultations before the actual law was enacted. President Fidel V. Ramos (1992-1998)
President Corazon C. Aquino enacted the following laws: When President Fidel V. Ramos formally took over in 1992, his administration
came face to face with publics who have lost confidence in the agrarian
Executive Order No. 228, July 16, 1987 – Declared full ownership to reform program. His administration committed to the vision “Fairer, faster and
qualified farmer-beneficiaries covered by PD 27. It also determined the more meaningful implementation of the Agrarian Reform Program.
value remaining unvalued rice and corn lands subject of PD 27 and
provided for the manner of payment by the FBs and mode of President Fidel V. Ramos enacted the following laws:
compensation to landowners.
Executive Order No. 229, July 22, 1987 – Provided mechanism for the Republic Act No. 7881, 1995 – Amended certain provisions of RA 6657
implementation of the Comprehensive Agrarian Reform Program and exempted fishponds and prawns from the coverage of CARP.
(CARP). Republic Act No. 7905, 1995 – Strengthened the implementation of the
Proclamation No. 131, July 22, 1987 – Instituted the CARP as a major CARP.
program of the government. It provided for a special fund known as Executive Order No. 363, 1997 – Limits the type of lands that may be
the Agrarian Reform Fund (ARF), with an initial amount of Php50 billion converted by setting conditions under which limits the type of lands
to cover the estimated cost of the program from 1987-1992. that may be converted by setting conditions under which specific
Executive Order No. 129-A, July 26, 1987 – streamlined and expanded categories of agricultural land are either absolutely non-negotiable for
the power and operations of the DAR. conversion or highly restricted for conversion.
Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization
Law) – An act which became effective June 15, 1988 and instituted a Act AFMA) – Plugged the legal loopholes in land use conversion.
comprehensive agrarian reform program to promote social justice and Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an
industrialization providing the mechanism for its implementation and additional Php50 billion for CARP and extended its implementation for
for other purposes. This law is still the one being implemented at another 10 years.
present.
Executive Order No. 405, June 14, 1990 – Vested in the Land Bank of President Joseph E. Estrada (1998-2000)
the Philippines the responsibility to determine land valuation and
compensation for all lands covered by CARP.
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“ERAP PARA SA MAHIRAP’. This was the battle cry that endeared President Infrastrucre Projects - DAR will transform the agrarian reform communities
Joseph Estrada and made him very popular during the 1998 presidential (ARCs), an area focused and integrated delivery of support services, into rural
election. economic zones that will help in the creation of job opportunities in the
countryside.
President Joseph E. Estrada initiated the enactment of the following law:
KALAHI ARZone - The KALAHI Agrarian Reform (KAR) Zones were also
Executive Order N0. 151, September 1999 (Farmer’s Trust Fund) – Allowed the launched. These zones consists of one or more municipalities with
voluntary consolidation of small farm operation into medium and large scale concentration of ARC population to achieve greater agro-productivity.
integrated enterprise that can access long-term capital.
Agrarian Justice - To help clear the backlog of agrarian cases, DAR will hire
During his administration, President Estrada launched the Magkabalikat Para more paralegal officers to support undermanned adjudicatory boards and
sa Kaunlarang Agraryo or MAGKASAKA. The DAR forged into joint ventures introduce quota system to compel adjudicators to work faster on agrarian
with private investors into agrarian sector to make FBs competitive. reform cases. DAR will respect the rights of both farmers and landowners.
However, the Estrada Administration was short lived. The masses who put him President Benigno Aquino III (2010-2016)
into office demanded for his ouster.
President Benigno Aquino III vowed during his 2012 State of the Nation
President Gloria Macapacal-Arroyo (2000-2010) Address that he would complete before the end of his term the
Comprehensive Agrarian Reform Program (CARP), the centerpiece program of
The agrarian reform program under the Arroyo administration is anchored on the administration of his mother, President Corazon Aquino.
the vision “To make the countryside economically viable for the Filipino family
by building partnership and promoting social equity and new economic The younger Aquino distributed their family-owned Hacienda Luisita in Tarlac.
opportunities towards lasting peace and sustainable rural development.” Apart from the said farm lots, he also promised to complete the distribution
of privately-owned lands of productive agricultural estates in the country that
Land Tenure Improvement - DAR will remain vigorous in implementing land have escaped the coverage of the program.
acquisition and distribution component of CARP. The DAR will improve land
tenure system through land distribution and leasehold. Under his administration, the Agrarian Reform Community Connectivity and
Economic Support Services (ARCCESS) project was created to contribute to
Provision of Support Services - CARP not only involves the distribution of the overall goal of rural poverty reduction especially in agrarian reform areas.
lands but also included package of support services which includes: credit
assistance, extension services, irrigation facilities, roads and bridges, Agrarian Production Credit Program (APCP) provided credit support for crop
marketing facilities and training and technical support programs. production to newly organized and existing agrarian reform beneficiaries’
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organizations (ARBOs) and farmers’ organizations not qualified to avail The Department also pursues an “Oplan Zero Backlog” in the resolution of
themselves of loans under the regular credit windows of banks. cases in relation to agrarian justice delivery of the agrarian reform program to
fast-track the implementation of CARP.
The legal case monitoring system (LCMS), a web-based legal system for
recording and monitoring various kinds of agrarian cases at the provincial,
regional and central offices of the DAR to ensure faster resolution and close
monitoring of agrarian-related cases, was also launched.
Aside from these initiatives, Aquino also enacted Executive Order No. 26,
Series of 2011, to mandate the Department of Agriculture-Department of
Environment and Natural Resources-Department of Agrarian Reform
Convergence Initiative to develop a National Greening Program in
cooperation with other government agencies.
The President directed the DAR to launch the 2nd phase of agrarian reform
where landless farmers would be awarded with undistributed lands under the
Comprehensive Agrarian Reform Program (CARP).
Duterte plans to place almost all public lands, including military reserves,
under agrarian reform.
The President also placed 400 hectares of agricultural lands in Boracay under
CARP.