History of the Philippine Agrarian Reform from Pre-Colonial Times - Benigno Aquino's Administration

Joint DAR-LBP AO No. 3 (1994)

IS the policy guidelines and procedures governing the acquisition and distribution of agricultural lands affected by the Mt. Pinatubo eruption.

Executive Order No. 355 issued on October 23, 1950

Replaced the National Land Settlement Administration with Land Settlement Development Corporation (LASEDECO) to accelerate and expand the peasant resettlement program of the government. However, due to limited post-war resources, it was not successful.

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.

Katarungan or the Konsehong Bayan Para sa Anihan

Institutionalization not only of the system of dialogue and consultation but also joint problem solving with AR stakeholders, particularly people's organization, cooperatives and NGOs.

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.

DAR A.O No. 2 (1992)

consists of rules and procedures governing the distribution of cancelled or expired pasture lease agreements and Timber License Agreements under E0 407.

DAR AO No. 1 (1995)

consists of the rules and procedures governing the Acquisition and Distribution of all Agricultural Lands Subject of Sequestration/ Acquisition by the PCGG and APT whose ownership is Under Court Litigation.

Agricultural Tenancy Commission

created to administer problems arising from tenancy.

Agrarian Reforms Fund

Livelihood and agri-industrial projects were promoted and the program of support services were intensified to help farmer beneficiaries to become entrepreneurs. However, the administration experienced a major budgetary shortfall.

Executive Order No. 407, June 14, 1990

directed all government financing institutions (GFIs) and government owned and controlled corporations (GOCCs) to immediately transfer to DAR all their landholdings suitable for agriculture. Accelerated the acquisition and distribution of agricultural lands, pasture lands, fishponds, agro-forestry lands and other lands of the public domain suitable for agriculture.

Philippine Bill of 1902

disposal of public lands where private individuals and corporations may acquire: 16 has. for private individuals and 1,024 has. for corporations.

Encomienda System

Natives needed to work for and give tributes to the encomienderos in exchange for education and protection

First Philippine Republic (January 23, 1899- March 23, 1901)

Pres. Emilio Aguinaldo declared in the Malolos Constitution his intention to confiscate large estates, especially the so-called Friar lands but his plan was never implemented because of its dissolvement.

Commonwealth Act No. 608

established security of tenure between landlord and tenant

Republic Act No. 1199 (Agricultural Tenancy Act of 1954)

governed the relationship between landowners and tenant farmers by organizing share-tenancy and leasehold system. The law provided the security of tenure of tenants. It also created the Court of Agrarian Relations

The GMA administration

has adopted 'the BAYAN-ANIHAN concepts as the implementing framework for CARP. Bayan means people means a united people working together for the successful implementation of agrarian reform

Katarungan

Prompt and fair settlement of agrarian disputes and delivery of agrarian reform justice.

Land Registration Act of 1902 (Act No. 496)

Provided for a comprehensive registration of land titles under the Torrens system

Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. 4045 ,Nov. 13, 1936)

Provided for certain controls in the landlord-tenant relationships

Republic Act No. 821 (Creation of Agricultural Credit Cooperative Financing Administration)

Provided small farmers and established the organization of the Farmers Cooperatives and Marketing Associations (FACOMAs).

Rural Program Administration, created March 2, 1939

Provided the purchase and lease of haciendas and their sale and lease to the tenants

Torrens System

instituted for the registration of lands

Public Land Act of 1903

introduced the homestead system in the Philippines

Kamalayan

Raising the awareness of DAR Raising the awareness of DAR personnel, agrarian reform beneficiaries and the general public on agrarian reform and its contribution to social justice and development. personnel, agrarian reform beneficiaries and the general public on agrarian reform and its contribution to social justice and development.

Friar Land Act or Act No. 1120

which provided the administrative and temporary leasing and selling of friar land to its tillers.

Hacienda System (Beginning of the 19th Century; 1801)

workers in the haciendas, were promised that they would get a portion of what they tilled but it did not happen.

Five Major Components of Marcos' Agrarian Reform Program

▪ Land Tenure Program ▪ Institutional Development ▪ Physical Development ▪ Agricultural Development ▪ Human Resources

President Diosdado P. Macapagal (1961-1965)

"Father of Agrarian Reform"

Presidential Decree No. 27, October 21, 1972

"The Heart of the Marcos Reform" Provided for tenanted lands devoted to rice and corn to pass ownership to the tenants. Restricted land reform scope to tenanted rice and corn lands and set the retention limit at 7 hectares. The program was designed to uplift farmers from poverty and ignorance. It was labeled as revolutionary because it was pursued under Martial Law and intended to make quick changes without going through legislative and technical process and is the only law in the country that is handwritten.

1935 Constitution

"The promotion of social justice to ensure the well-being and economic security of all people should be the concern of the State"

To speed up resolution of AR-related case, the Agrarian Justice Delivery component ls geared at:

1. Putting the legal framework in place to expedite the LAD process and undertake PBD lawyering to ensure ARB' s free and informed consent on agribusiness agreements. 2. Developing common templates and legal outlines in order to nationalize the BAR lawyer's to paralegal's appreciation and decision on cases.3. Improving the capabilities of DAR lawyer and legal officer; and 4. Utilizing information, communication technology (ICT) to enhance legal work.

DAR's Program Beneficiaries Development (PBD) priorities are geared in

1. Undertaking convergence initiatives with rural development agencies to complement the resources and streamline the efforts of DAR, DA and DENR. 2. Inking public-private partnerships (PPPs) develop models of collaboration and business models in AR areas with the participation of the CSO's, academe, research and development institutions and LGUs.3. Expanding official development assistance (ODA) portfolio in order to augment Incomes for PBD: 4. Integrating LTI and PBD on a province-to-province basis. 5. Shifting focus of low-LAD balance provinces to PBD: and 6. Unlocking credit facilities for the agrarian reform beneficiaries through capacity deveIOpment for credit providers and farmer-borrowers.

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. This legislation was considered the most comprehensive piece of agrarian reform legislation ever enacted in the county that time hence he was called the "Father of Agrarian Reform.

Republic Act No. 1160 of 1954

Abolished the LASEDECO and established the National Resettlement and Rehabilitation Administration (NARRA) to resettle and accelerate the free distribution of agricultural lands to dissidents and landless farmers

Salin-Lupa

Accelerating land transfer and improving land tenure.

Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Law)

An act which became effective June 15, 1988 and instituted a comprehensive agrarian reform program to promote social justice and industrialization providing the mechanism for its implementation and for other purposes. This law is still the one being implemented at present.

Bayanihan

Better delivery by the government of appropriate support services to ARBs and the mobilization of the ARBs themselves in the transformation of the agrarian reform communities into 'an agrarian reform zones and into progressive farming.

Executive Order No. 406, June 14, 1990

CARP is the central to the government's effort to hasten countryside agro-industrial development and directed in implementing agencies to align their respective programs and projects with CARP.

Pueblo system

Christianized native families are given out four to five hectares of land to cultivate

strategies directions of the Aquino Administration for the agrarian reform program

Completing the land acquisition and distribution (LAD) in the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER) or Republic Act 9700 balance through: Focus on large-sized private agricultural lands; Redeployment of competent DAR personnel to the 20 high LAD provinces; Streamline LAD processes and procedures; and Enhance the database of landholdings for ease in targeting and monitoring the LAD2. Prioritizing the subdivision of collective Certificates of Land Ownership Awards (CLOAs) involving LBP compensable lands; 3. Fast tracking the documentation and settlement of landowner compensation for already distributed lands;4. Synergizing and rationalizing the efforts of the CARP implementing agencies in all processes of LAD; 5. Partnership with the civil society organizations (CSOs) in the delivery of LTI ' services, particularly the large-sized private agricultural lands. (PAL);6. Adopting a job-sharing scheme wherein under the ONE-DAR concept, provinces will share responsibilities (low LAD provinces with high LAD provinces) to minimize the need to hire new personnel; and 7. Increasing the utilization of the services of geodetic engineers to assist the provincial and municipal offices in land acquisition considering the difficulty of hiring new personnel and the demands of a post 2014 scenario.

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. It strengthened the position of farmers and expanded the scope of agrarian reform.

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.

Commonwealth Act No. 441 enacted on June 3, 1939

Created the National Settlement Administration with a capital stock of P20,000,000 where the Homestead Program was continued.

Executive Order No. 228, July 16, 1987

Declared full ownership to qualified farmer-beneficiaries covered by PD 27. It also 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

Republic Act No. 34

Established the 70-30 sharing arrangements and regulating share-tenancy contracts

National Rice and Corn Corporation (NARIC), 1936

Established the price of rice and corn thereby help the poor tenants as well as consumers.

Republic Act. No.1266 (1995)

Expropriation of Hacienda del Rosario, situated at Valdefuente, Cabanatuan City.

Maura Law or Royal decree of 1894

Farmers and Landholders were given a year to register their agricultural lands to avoid declaration of it as a state property.

Pre-Colonial Period (900s-1565)

Filipinos lived in barangays ruled by chiefs and used the Kaingin system for Land cultivation and Bartering was used as the medium of exchange because money was still unknown.

Presidential Decree No. 2, September 26, 1972

Five days after the declaration of Martial law, the country was proclaimed under land reform program. It also activated the Agrarian Reform Coordinating Council.

pueblos or municipios

Spanish government grouped barangays into different units governed by gobernadorcillos.

Commonwealth Act. No. 461, 1937

Specified reasons for the dismissal of tenants and only with the approval of the Tenancy Division of the Department of Justice

Estrada Administration

They have implemented AR through the International Conference on Agrarian Reform and Rural Development. The department then began aggressively to assert its place in national development planning processes to raise DAR's profile both in national and international for with this, DAR was able to secure a seat in the annual consultative group meeting between the Philippine's economic management team and the donor community. This period also launched the DAR-DA-DENR convergence initiative.

Gulayan Magsasakang Agraryo

This intends to add income and food security to farmer's children and dependents through the Diosdado Macapagal Scholar Program.

Compras Y Vandalas System

Tillers were made to compulsory sell at a very low price or surrender their agricultural harvests to Spanish authorities where encomienderos can resell a profit

Department of Agrarian Reform (DAR)

also helped set up the agrarian justice fund for farmer beneficiaries as well as DAR field workers who, due to nature of the job, are named as respondents in cases filed by recalcitrant landowners. Support services took a much more entrepreneurial approach during this administration. Sustainable rural development district Program, were designed to help farmers attain a level of economic viability.

HUKBALAHAP (Hukbong Bayan Laban sa mga Hapon)

an anti-Japanese group. The group controlled whole areas of Central Luzon; landlords who supported the Japanese lost their lands to peasants. Unfortunately, at the end of war also signaled the end of gains acquired by the peasants.

Kapit Bisig sa Kahirapan Agrarian Reform Zones (KARZONEs)

as a program strategy of the DAR in CARP implementation. It is a partnership and convergence strategy aimed at achieving asset reform. poverty reduction, food sufficiency, farm productivity, good' governance, social equity and empowerment of agrarian reform beneficiaries (ARBs) both in ARCS and non-ARCS.

Rework performance targets

by focusing on the number of hectares of land distributed coupled with an accounting of farmer beneficiaries and the specific croplands and farm systems covered. This approach sought to integrate land distribution and support services. It was during this period that DAR launched a series of fond occupation by working with the farmer claimants, the LGU and government security forces.

DAR AO No. 1 (1993)

is the amendments to certain provisions of the Administrative Order No. 9 Series of 1990, entitled "Revised Rules and Regulations Governing the Acquisition of Agricultural Lands Subject of Voluntary Offer to Sell (VLT/DPS) and Compulsory Acquisition Pursuant to RA 6657.

DAR AO No. 2 (1995)

is the revised rules and procedures governing the acquisition of Private Agricultural Lands Subjects of Voluntary Land Transfer or a Direct Payment Scheme (VLT/DPS) Pursuant to RA 6657.

DAR AO No. 2 (1997)

is the rules and regulations for the Acquisition of Private Agricultural Lands Subject of Mortgage or Foreclosure of Mortgage.

DAR Ao No. 2 (1996)

is the rules and regulations governing the Acquisition of Agricultural Lands Subject of Voluntary Order to Sell and Compulsory Acquisition Pursuant to RA 6657.

Second Public Land Act of 1919 or Act 2874

limits the use of agricultural lands to Filipinos, Americans, and citizens of other countries and a temporary provision of equality on the rights of American and Filipino citizens and corporations.

Code of Luwaran

oldest written laws of the Muslim society which contains provision on the lease of cultivated lands, there was no record on how the lease arrangement was practiced

Maragtas Code

only recorded transaction of land sale

1865

ordered landholders to register their landholdings lands.

Republic Act No. 55

provided for a more effective safeguard against arbitrary ejectment of tenants

Executive Order 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.

Ley Hipotecaria or the Mortgage Law (1893)

provided the systematic registration of titles and deeds as well as ownership claims

Executive Order No. 408, June 14, 1990

pursued the policy that government should lead the efforts in placing lands for coverage under CARP. Directed the immediate turn-over to government reservations. No longer needed, and that are suitable for agriculture.

DAR AO No. 7 (I993)

refers to the implementing guidelines on the Distribution and Tilling of the Public Agricultural Lands turned over by the National Livelihood and Support Fund to the DAR for distribution under the CARP pursuant to EO 407, Series of 1990 as amended by E0 448, Series of 1991 and as clarified under Memorandum Order No. 107 of the President of the Philippines dated March 23, 1993.

Tenancy Act of 1933 (Act No. 4054 and 4113)

regulated relationships between landowners and tenants of rice (50-50 sharing) and sugar cane lands.

Cadastral Act or Act No. 2259

speeds up the issuance of Torrens titles.

Executive Order No. 129-A, July 26, 1987

streamlined and expanded the power and operations of the DAR.

Court of Industrial Relations (CIR)

to exercise jurisdiction over disagreements arising from agri-workers and landowner relationship.

establishment of Agricultural and Industrial Bank

to provide easier terms in applying for homestead and other farmlands.

Laws of Indies

vast tracks of land would be given as rewards to loyal civilians, Spanish militaries (repartiamentos) and encomienderos

Adjudication System

was introduced and gave Department of Agrarian Reform the original and exclusive jurisdiction over agrarian disputes ad quasi-Judicial powers.

Magkabalikat Para sa Kaunlarang Agraryo (MAGSASAKA)

was launched which is directed for the investors to bring in capital, technology and management support while the farmers will contribute, at most; the use of their land itself.

Department of Agrarian Reform (DAR)

which is the lead agency for CARP implementation 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).

First Public Land Act or Act No. 926

which provided rules and regulations for selling and leasing portions of the public domain, completing defective Spanish land titles, canceling and confirming Spanish concessions.