Agrarian Law and Social Legislation

Part One Overview of the Course on Agrarian Law

General Concepts of Agrarian Reform

Land Reform -
Reform implies the existence of defects that something is malformed and does not suit to existing
conditions. Land reform refers to the full range of measures that may or should be taken to improve or
remedy the defects in the relations among me with respect to their rights in the land.

Agrarian Reform
The term comprises not only land reform but also the reform and development of complimentary
institutional framework. Agrarian reform means remedying not only the defect in the distribution and of
land but also and especially, the accompanying human relations regarding land, including economic
social and political relations.

Historical and Legal BackGround

Dimensions of agrarian reform problem:
Land (agricultural productivity)
People (social aspects and human rights)

Agricultural Development
Nearly half of the worlds population is underfed or otherwise undernourished. Malnutrition and disease
kill a high proportion of the people. The first necessity is to develop more and better food. Much will
depend upon agriculture.

Importance of Agricultural Development

The Philippines depends on its farms, forests, rivers, lakes and seas. Consequently on their production
depends the strength and weakness of our national economy. The problem of agriculture is the problem
of the Filipino nation as a whole. Agricultural development involves many issues other than the volume
of food production.

Program of Agricultural Development

To produce adequate basic food requirement of the people
To produce raw materials which we used to import
To produce raw materials not only for domestic market but also for the exportation to the world maket

Importance of Agriculture
Sources of Raw Materials
Consumer of Industrial Products
Provide Employment
Sources of Dollars
Major Problems of Agriculture
Low Agricultural Productivity
Price Instability
Marketing of Farm Products
Soil Erosion
Vagaries of Weather
Lack of Capital
Lack of Genuine Implementation of Land Reform
History of Agrarian Reform in the Philippines
Spanish Period
 o Pre-Spanish society can be characterized as feudalistic, communal, and single proprietorship.

the Spanish settlement in the Philippines revolved around the encomiendasystem of plantations, known
as haciendas. As the 19th Century progressed, industrialization and liberalization of trade allowed these
encomiendas to expand their cash crops, establishing a strong sugar industry in the Philippines on such
islands and Panay and Negros.
American Period
o Measures were undertaken to improve land tenure

The 1902 Philippine Organic Act was a constitution for the Insular Government, as the U.S. civil
administration was known. This act, among other actions, disestablished the Catholic Church as the
state religion. The United States government, in an effort to resolve the status of the friars, negotiated
with the Vatican. The church agreed to sell the friars' estates and promised gradual substitution of
Filipino and other non-Spanish priests for the friars. It refused, however, to withdraw the religious orders
from the islands immediately, partly to avoid offending Spain. In 1904 the administration bought for $7.2
million the major part of the friars' holdings, amounting to some 166,000 hectares (410,000 acres), of
which one-half was in the vicinity of Manila. The land was eventually resold to Filipinos, some of them
tenants but the majority of them estate owners.

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Manuel Roxas (1946-1948)

o What happened to the estates took over by the HUKBALAHAP during the Japanese occupation?
These estates were confiscated and returned toits owners. Because of this, some of the farmer-
tenants preferred to join the HUK movement ratherthan go back and serve their landlords under
thesame conditions prior to World War II.

What were the key accomplishments during the Roxas administration?

o Republic Act No. 34 was enacted to establish a70-30 sharing arrangement between tenant
andlandlord. The 70% of the harvest will go to theperson who shouldered the expenses for
planting,harvesting and for the work animals.It also reduced the interest of landowners loansto
tenants at not more than 6%.
President Roxas also negotiated for the purchase of 8,000 hectares of lands in Batangas owned by the
Ayala-Zobel family. These were sold to landless farmers.

Elpidio Quirino (1948-1953)

o What was the major program of the Quirino administration regarding agrarian reform?
Through Executive Order No. 355, the LandSettlement Development Corporation(LASEDECO) was
established to accelerate andexpand the peasant resettlement A ii ii Bureau ofAgrarian Reform
Information and Educationprogram of the government. However, due tolimited post-war resources,
the program was not successful.

Ramon Magsaysay (1953-1957)

Did President Magsaysay pursue land reform during his term?

o Yes, President Magsaysay realized theimportance of pursuing a more honest-togoodnessland reform
program. He convinced the elitecontrolled congress to pass several legislation toimprove the land
reform situation, to wit:

R.A. No. 1199 (1954): Agricultural Tenancy Act, basically governed the relationship between
landholders and tenant-farmers. This law helped protect the tenurial rights of tenant tillers and enforced
fair tenancy practices.
R.A. No. 1160 (1954): Free distribution of Resettlement and Rehabilitation and Agricultural land and an
Act establishing the National Resettlement and Rehabilitation Administration (NARRA).
 R.A. No. 1400 (1955) : Land Reform Act or known as Land to the Landless Program which sought
improvement in land tenure and guaranteed the expropriation of all tenanted landed estates.
R.A. No. 1266 (1955) Expropriation of Hacienda del Rosario, situated at Valdefuente, Cabanatuan City.

How did he implement the Agricultural Tenancy Act?

o He established the Court of Agricultural Relationsin 1955 to improve tenancy security, fix the
landrentals on tenanted farms, and to resolve the manyland disputes filed by the landowners and
peasantorganizations.
o He also created the Agricultural TenancyCommission to administer problems arising fromtenancy.
Through this Commission 28,000hectares were issued to settlers.

What were this administrations key support programs on AR?

o Creation of the Agricultural Credit andCooperative Financing Administration (ACCFA), agovernment
agency formed to provide warehousefacilities and assist farmers market their products.
o Organization of Farmers Cooperatives andMarketing Associations (FACOMAs).

Resettlement program pursued through National Resettlement and Rehabilitation Administration

(NARRA) or RA No. 1160 of 1954, established to pursue the governments resettlement program and to
accelerate free distribution of agricultural lands to landless tenants and farmers. It particularly aimed to
convince members of the HUKBALAHAP movement to return to a peaceful life by giving them homelots
and farmlands settlement.

Establishment of an Agricultural and Industrial Bank to provide easier terms in applying for homestead
and other farmland.

Did these interventions improve the land ownership and tenancy situation?
o Out of the targeted 300 haciendas for distribution,only 41 were distributed after its 7 years
ofimplementation. This was due to lack of funds andinadequate support services provided for
theseprograms.
o Landlords continued to be uncooperative andcritical to the program; and landownership andtenancy
problems continued.

Carlos P. Garcia (1957-1961)

o Was there legislation on land reform under this administration?
There was no legislation passed in his term but hecontinued to implement the land reform programsof
President Magsaysay.

Diosdasdo Macapagal (1961-1965)

o Why was President Diosdado Macapagal considered the Father of Agrarian Reform?
It was during his term that the Agricultural LandReform Code or RA No. 3844 was enacted onAugust
8, 1963. This was considered to be themost comprehensive piece of agrarian reformlegislation ever
enacted in the country.

Why was RA No. 3844 considered the most comprehensive piece of legislation ever enacted in the
Philippines?
o This Act abolished share tenancy in thePhilippines. It prescribed a program converting thetenant
farmers to lessees and eventually intoowner-cultivators;
o It aimed to free tenants from the bondage oftenancy and gave hope to poor Filipino farmers
o It emphasized owner-cultivatorship and farmer independence, equity, productivity improvement and
the public distribution of land.
What happened to the implementation of this Act?
o The landed Congress did not provide effort tocome up with a separate bill to provide funding forits
implementation.
 o Ai Bureau of AgrarianReform Information and Education. However, thisact was piloted in the provinces
of Pangasinan,Bulacan, Nueva Ecija,Pampanga, Tarlac,Occidental Mindoro, Camarines Sur and
MisamisOriental.
o It acquired a total of 18,247.06 hectares or 99.29% out of the total scope of 18,377.05 hectares. The
program benefited 7,466

Macapagals Land Reform (RA 3844)

A land reform code that was passed in 1963 during the term of Diosdado Macapagal ensuring more
transition from tenancy to owner-operated farms.

The code declared that it was State policy

To establish owner-cultivatorship and the economic family-size farm as the basis of Philippine
agriculture and, as a consequence, divert landlord capital in agriculture to industrial development;
To achieve a dignified existence for the small farmers free from pernicious institutional restraints and
practices;
To create a truly viable social and economic structure in agriculture conducive to greater productivity
and higher farm incomes;
To apply all labor laws equally and without discrimination to both industrial and agricultural wage
earners;
To provide a more vigorous and systematic land resettlement program and public land distribution; and
To make the small farmers more independent, self-reliant and responsible citizens, and a source of
genuine strength in our democratic society.
and, in pursuance of those policies, established the following:

An agricultural leasehold system to replace all existing share tenancy systems in agriculture;
A declaration of rights for agricultural labor;
An authority for the acquisition and equitable distribution of agricultural land;
An institution to finance the acquisition and distribution of agricultural land;
A machinery to extend credit and similar assistance to agriculture;
A machinery to provide marketing, management, and other technical services to agriculture;
A unified administration for formulating and implementing projects of land reform;
An expanded program of land capability survey, classification, and registration; and
A judicial system to decide issues arising under this Code and other related laws and regulations.

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Ferdinand E. Marcos (1965-1986)

o What was the heart of President Marcos Agrarian Reform Program?
Presidential Decree No. 27 became the heart ofthe Marcos reform. It provided for tenanted
landsdevoted to rice and corn to pass ownership to thetenants, and lowered the ceilings for
landholdingsto 7 hectares. The law stipulated that sharetenants who worked from landholding of over
7hectares could purchase the land they tilled, whileshare tenants on land less than 7 hectares
wouldbecome leaseholders.

How can this Agrarian Reform Program help the farmers?

o His agrarian reform program was designed touplift the farmers from poverty and ignorance andto make
them useful, dignified, responsible andprogressive partners in nation-building. His ARprogram was a
package of service extended tofarmers in the form of credit support, infrastructure,farm extension, legal
assistance, electrification anddevelopment of rural institutions.

What were the five major components of President Marcos Agrarian Reform Program?
Land Tenure Program
Institutional Development
Physical Development
Agricultural Development ; and
 Human Resources

Why was President Marcos agrarian reform program labeled as revolutionary by some sectors??
o It was considered revolutionary for two reasons:
1. It was pursued under Martial Law and intended to make quick changes without going through
legislative or technicalprocesses; and
2. It was the only law in the Philippines ever done in handwriting.

What were some of the limitations of his agrarian reform program?

Scope of program was limited only to tenanted,privately-owned rice and corn lands;
Monopoly of businessmen in the coconut andsugar industries. Foreign and local firms wereallowed to
use large tracks of land for theirbusiness;
Declaration of Martial Law leading to the arrest of several farmer leaders without due process of law due
to suspension of the Writ of Habias Corpus.
Implementation of the programs were not included in the provision of PD 27.
Excluding about 3.5 Million landless and tenant farmers under plantation crops

Marcos Land Reform

In 1972, Pres. Ferdinand Marcos instituted a more aggressive agrarian reform which was provided in P.D.
no. 27.

Corazon C. Aquino ( 1986-1982)

o Why did Pres. Aquino put AR as cornerstone of her administration?
She believed that The stewardship of the land that thelandlords were said to have neglected shall
now pass, asthe law is implemented, to the tillers. That stewardshipshould weigh as heavily on the
many as it did on the few.The same bottom line applies to them: the wisest use of theland for the
greatest generation of wealth for themselvesand for the entire nation. (Speech during the signing
ofthe Comprehensive Agrarian Reform Program Bill, June10, 1988)

What AR legislations and issuances passed under her administration?

o Proclamation 131, instituted the ComprehensiveAgrarian Reform Program (CARP) as a majorprogram
of the government. It provided for aspecial fund known as the Agrarian Reform Fund(ARF) in the
amount of 50 Billion pesos to coverthe estimated cost of the program for the period1987-1997.
o EO 129-A, reorganized the Department of Agrarian Reform and expanded in power and operations.
(The Record and Legacy of the Aquino Administration in AR: Executive Summary, Planning Service,
DAR) EO 228, declared full ownership of the land to qualified farmer- beneficiaries covered by PD 27.
It also regulated (fixed) the value of remaining rice and corn lands for coverage provided for the
manner of payment by the farmer-beneficiaries and the mode of compensation (form of payment) to
the landowners.

EO 229, provided the administrative processes for land registration or LISTASAKA program, acquisition
of private land and compensation procedures for landowners. It specified the structure and functions of
units that will coordinate and supervise the implementation of the program.

RA 6657 or Comprehensive Agrarian Reform Law, an act instituting a comprehensive agrarian reform
program to promote social justice and Industrialization, providing the mechanism for its implementation
and for other purposes.

Were there measures to speed up CARP implementation?

o To strengthen CARP and fast track itsimplementation, President Aquino issued thefollowing Executive
Orders (EO):
o E.O. No. 405 , gave the Land Bank of thePhilippines the primary responsibility for the landvaluation
function in order for DAR to concentrate itsefforts on the identification of landholdings andbeneficiaries,
the distribution of acquired lands, andthe other sub-components of the program.
 o E.O. No. 406, emphasized that CARP is central to the governments efforts to hasten countryside agro-
industrial development and directed the implementing agencies to align their respective programs and
projects with CARP. This created CARP implementing teams from the national to the municipal levels
and gave priority to 24 strategic operating provinces where the bulk of CARP workload lies.
o E.O. No. 407 - directed all government financing institutions (GFIs) and government owned and
controlled corporations (GOCCs) to immediately transfer to DAR all their landholdings suitable for
agriculture.
o E.O. No. 448 pursued the policy that government should lead efforts in placing lands for coverage
under CARP. It directed the immediate turn-over of government reservations, no longer needed, that
are suitable for agriculture.

What were the other accomplishments of the Aquino administration in the implementation of the agrarian
reform program?
Grants and budgetary support from officialdevelopment assistance (ODA) circles
Recognition of agrarian reforms as a worthwhilesocial investment
Improvement of the status of tenant-tillers
Introduction of the present adjudication system
Program of support services for farmer beneficiaries to become productive and transform them into
entrepreneurs
Promotion of livelihood and agro-industrial projects
Support and active involvement in program implementation of key stakeholders

What were some of the challenges faced by the administration in the implementation of CARP?
Failure to address the loopholes of CARPparticularly for land valuation, retention limits,coverage,
exemption/exclusion, commercialfarming, and stock distribution
Absence of clear guidelines on land useconversion
Absence of measures to protect the rights of the tribal communities over their ancestral domain
Major budgetary shortfall of Agrarian Reform Fund (ARF)
Many changes of leadership in DAR which led to lack of continuity in priority programs
Inability to distribute the prioritized private agricultural lands
Land valuation controversies
Inter-agency coordination problems
Allegation that EO 229 opened the door for politicians and landlords to shortcut processes in CARP
implementation
Allegation on misuse of foreign funds intended for CARP projects
Allegation on lack of political will, leadership and genuine commitment to implement the program
Existing Land Reform (Cory Aquino)
The 1987 Land Reform Act is comprehensive in its coverage as compared to the previous land reforms
the government had implemented.
Comprehensive Agrarian Reform Program
President Corazon Aquino signed on July 22, 1987 instituting a Comprehensive Agrarian Reform
Program (CARP) and Executive Order no. 229 providing the mechanism needed initially to implement
the program. With the enactment of Republic Act no. 6657, the Comprehensive Agrarian Reform Law
(CARL), signed by the President on June 10, 1988, all matters involving the implementation of agrarian
are now governed by the said act.
Scope of the Program
General:
The CARL covers all public and private agricultural land.
Particular:
All alienable and disposable lands suitable for agriculture
All lands of public domain
All lands owned by the government suitable for agriculture
Implementation:
The distribution shall be implemented immediately and completed within 10 years from the effectivity
thereof.
 Retention Limits:
3 hectare may be awarded to each child of the landowner.
Exception:
Landowners whose have been covered by the P.D. no. 27 shall be allowed to keep the are originally by
them
Original homestead grantees who still owned the original homestead at the time of the approval of the
act shat retain the same areas as long as they continue to cultivate said homestead.