Agrarian Reform Flashcards
refers to the full range of measures that may or should be taken to improve or remedy that defects in the relations among men (e.g. Between the tiller and owner of the land, employee and employer in a farm) with respect to their rights in land.
Land reform
The term has also been defined as an integrated set of measures designed to eliminate obstacles to economic and social development arising out of defects in the agrarian structure. Land reform thus involves the “transformation of agrarian structure.”
Land reform
implies the existence of a defect that something is deformed or malformed and does not suit existing conditions
Reform
In the strict sense, ‘______ can be said to refer to a change in the legal or customary institution of property rights and duties, which define the rights of those who own or use agricultural land.
Land reform
involves the restructuring of tenure, production and support services structures.
Agrarian reform
The Nature of Land Distribution in the Philippines
► Pre-colonial Patterns
► Spanish Period
► American Period
► Post War Period
► Friar Lands
► Rice and Corn Lands
► All Public and Private Lands
Agrarian unrest
EARLY CAUSES OF AGRARIAN UNREST (Social and Economic Factors)
Post First World War Financial Crisis
Typhoons and Drought
General Improvement of Quality of Life – Cash needed
Breakdown of the “Kasama System”
Socialism/Hukbalahap
Land was not unequally distributed before the Spaniards came to the Philippines.
The notion of private property was unknown then.
The community (barangay) owned the land.
Spanish era
One of the major initial policies of the governorship of Legazpi was to recognize all lands in the Philippines as part of public domain regardless of local customs.
As such, the crown was at liberty to parcel out huge tracts of Philippine lands as rewards to loyal civilian and military as rewards.
Spanish era 1565-1898
Private ownership of land was introduced.
With this arrangement, every municipal resident was given his choice of the land for cultivation, free from tax.
Large tracts of uncultivated lands not circumscribed within a given municipality were granted by the Spanish monarch to deserving Spaniards.
Encomienda
were granted to favor Spanish officials and clerics who were entrusted the responsibility to look after the spiritual and temporal developments of the natives in a colonized territory.
encomienda
landed class
caciques
Much later, in place of the encomiendas, the Spanish authorities began to group together several barangays into administration units.
They termed these units as _____ which were governed by gobernadorcillos.
pueblos or municipios
_____ as an institution became deeply rooted in Philippine soil. This paved the way to many present-day agrarian problems and unrests.
Caciquism
These decrees ordered the caciques and natives, to secure legal title for their lands or suffer forfeiture.
: decreto realenga (1880) and the Maura Law (1894)
deprived many Filipino peasants of their own lands through scheming and treacherous ways of both Spaniards and caciques.
Royal Decree of 1894 (Maura Law)
Other strategies of dispossessing peasants of their landholdings were:
Outright purchase at a low price of real estates ( realenga ) by a Spaniard or a cacique, from a badly-in-need peasants.
Mortgage system (pacto de retroventa); this is equivalent of today’s mortgage system (sangla).
Tenants
Inquilinos
After the first Philippine Republic was established in 1899, the government of Emilio Aguinaldo declared its intention to confiscate large estates, esp. the friar lands.
The Philippine revolutionary government
American regime
Despite the apparent desire of the American government to improve the land-tenure situation of the country, the following land laws and policies did not help in any way:
Treaty of Paris of 1898 Land Registration Act of 1902 Public Land Act of 1903 Friar Lands Act of 1904 Cadastral Act of 1913
The ____ ended the Spanish-American War, and Spain ceded the Philippines, Guam and Puerto Rico to America.
Treaty of Paris
Rice Tenancy Act of 1933 (Act. No. 4054)
Commonwealth era
Its purpose was to regulate the share tenancy contracts by establishing minimum standards.
Rice Tenancy Act of 1933 (Act. No. 4054)
The Act provided for better tenant-landlord relationship, a 50-50 sharing of the crop, regulation of interest to 10% per agricultural year, and safeguards against arbitrary dismissal by the landlord.
Rice Tenancy Act of 1933 (Act. No. 4054)
COMMONWEALTH SOCIAL JUSTICE PROGRAM
I. Redistribution of Private Landed Estates
“Land to the Tiller” Rural Progress Administration
II. Distribution of Public Land
“Land to the Landless” Public Lands Act
National Land Settlement Administration (NLSA)
. Protection of the Rights and Welfare of Peasants Court of Industrial Relations
IV. Support Services
Agricultural and Industrial Bank (AIB)
National Relief Administration National Rice and Corn Corporation
NLSA
“Land to the Landless” Public Lands Act
National Land Settlement Administration
AIB
Agricultural and Industrial Bank
NRANRCC
National Relief Administration National Rice and Corn Corporation
(HUKBALAHAP).
HUKBO NG BAYAN LABAN SA HAPON
The HUKBALAHAP was headed by a charismatic peasant leader_____
Luis Taruc
R.A. No. 34 of 1946, known as Tenant Act, provided for a 70-30 sharing arrangements, and regulated share-tenancy contracts.
Rice Share Tenancy Act of1933
This administration signed into law two land-related bills: the Agricultural Tenancy Act of 1954 (R.A. No.1199), and Land Reform Act of 1955 (R.A. No. 1400).
Magsaysay Administration
allowed tenants to shift from share tenancy to leasehold.
Agricultural Tenancy Act of 1954
a tenant pays for a fixed amount to the landlord instead of the variable share
leasehold system
The Act also prohibited the ejection of tenants, unless the Court of Agrarian Relations found just cause.
Agricultural Tenancy Commission
Court of Industrial Relations
Land Reform Act of 1955
Agricultural Credit Cooperative Financing Administration (ACCFA)
National Resettlement and Rehabilitation Administration (NARRA)
(ACCFA) 1955
Agricultural Credit Cooperative Financing Administration
NARRA 1955
National Resettlement and Rehabilitation Administration
He signed into law the Agricultural Land Reform Code of 1963 (R.A. No. 3844).
Diosdado Macapagal
AN ACT TO ORDAIN THE AGRICULTURAL LAND REFORM CODE AND TO INSTITUTE LAND REFORMS IN THE PHILIPPINES, INCLUDING THE ABOLITION OF TENANCY AND THE CHANNELING OF CAPITAL INTO INDUSTRY, PROVIDE FOR THE NECESSARY IMPLEMENTING AGENCIES, APPROPRIATE FUNDS THEREFOR AND FOR OTHER PURPOSES
Agricultural Land Reform Code of 1963 (R.A. No. 3844).
In comparison with previous agrarian legislations, the law lowered the retention limit to 75 hectares, whether owned by individuals or corporations.
It prohibited sharehold tenancy and established the leasehold system.
It was viewed that a 75-retention limit was just too high for the growing population density.
Agricultural Land Reform Code of 1963 (R.A. No. 3844).
AN ACT AMENDING REPUBLIC ACT NUMBERED THIRTY-EIGHT HUNDRED AND FORTY- FOUR, AS AMENDED, OTHERWISE KNOWN AS THE AGRICULTURAL LAND REFORM CODE, AND FOR OTHER PURPOSES
REPUBLIC ACT No. 6389
Created the Department of Agrarian Reform
REPUBLIC ACT No. 6389
Agrarian Reform Special Fund Act _______was passed.
R.A. No. 6390
Presidential Decree (P.D.) No. 2,
On Sept. 21, 1971, Marcos declared Martial Law.
Five days later, he issued Presidential Decree (P.D.) No. 2, declaring the entire country a land reform area.
P.D. No. 27 (Tenant Emancipation Act).
This launched Operation Land Transfer (OLT), transferring tenants’ ownership of land they tilled to them, and providing the instruments and mechanisms needed.
R.A. No. 6657, known as Comprehensive Agrarian Reform Law (CARL) of 1988.
The primary governing law on agrarian reform during the Aquino administration was R.A. No. 6657, known as Comprehensive Agrarian Reform Law (CARL) of 1988.
This was signed into law on June 10, 1988, and became effective on June 15, 1988.
The R.A. No. 6657 is intended “to promote social justice and industrialization providing the mechanism for its implementation and for other purposes.”
AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES
Extended Agrarian Reform to all agricultural lands.
CARP: Comprehensive Agrarian Reform Program
Recognized for bringing back support of key stakeholders of CARP by bridging certain policy gaps on land acquisition and distribution, land evaluation, and case resolution.
Credited for enhancing internal operating systems and strengthening the capabilities of DAR bureaucracy and for tapping mores resources to help implement the program.
Ramos Administration
MAGKASAKA
Magkabalikat Para sa Kaunlarang Agraryo)
It aims to encourage investors to bring investments into the countryside and to enhance the income of the farmers through joint venture schemes and contract growing schemes.
The programs also aims to enable the farmers to be more efficient and be globally competitive.
MAGKASAKA
Adopted the BAYAN-ANIHAN concept as the implementing framework for CARP
Bayan-Anihan Framework implementing strategies are:
Salin-Lupa
Katarungan
Bayanihan
Kabayanihan or the Konseptong Bayan Para sa Anihan
Kamalayan
Arroyo Administration
KARZONES
Kapit Bisig sa Kahirapan Agrarian Reform Zones
AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP), EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL LANDS, INSTITUTING NECESSARY REFORMS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657, OTHERWISE, KNOWN AS THE COMPREHENSIVE AGRARIANREFORM LAW OF 1988, AS AMENDED, AND APPROPRIATINGFUNDS THEREFOR
R.A. No. 9700 (August 7, 2009)
Issue of land reform has been persistent even up to the present time
President Duterte - the chair of the president Agrarian Reform Council ( PARC)
Has included land tenure security in his 10-point socio-economic agenda to improve the quality of life of farmers and raise their productivity
Duterte Administration
Counter Insurgency
Agriculture as starting point of development
Social Justice
The right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. (Article XIII of the 1987 Constitution)
Duterte Administration
