Agrarian Reform from the Spanish Colonial Philippines to the Present Flashcards
Gained great significance all over the world as it aims to achieve social justice and full development of human dignity; Throughout time, the issue of Land reform has been persistent, demanding measures to stop social unrest.
Land Reform
Filipinos already lived in villages and barangays even before the Spaniards came to the Philippines; The settlements were ruled by chieftains or datus who comprised the nobility. There were also the maharlikas (freeman), the aliping mamamahay (serfs) and aliping saguiguilid (slaves); Despite the existence of a social structure, everyone had access to the fruits of the soil; Rice was the medium of exchange as money was yet unknown.
Pre-Spanish Period
The Spaniards introduced the concept of encomienda to the Philippines.
Spanish Period (1521-1896)
a system of giving lands (Royal Land Grants) to the Spanish conquerors that were loyal to the Spanish monarch.
Encomienda
must defend his encomienda from external attack, maintain peace and order within, and support the missionaries; given the right to collect taxes (tribute) from the indios (natives); started to abuse their power by renting their lands to a few powerful landlords, and the natives who once freely cultivated the land became share tenants
Encomienderos
Taxation was not only the reasons for the revolts of the Filipinos during the Spanish period, but the agrarian unrest as well.
Agrarian Uprising (1745-46)
Agrarian Revolt happened between 1745 and 1746 in Batangas, Laguna and Cavite, and Bulacan; The revolt happened in the towns of Lian and Nasugbu in Batangas; The grabbing of lands by the Catholic religious orders angered the native lands owners and demanded that their lands be returned based on ancestral domain; However, the Spanish priests refused which resulted to riots and massive looting of convents and the burning down of churches and ranches. Troops were sent from Manila to Batangas to quell the disturbance. The encounter was bloody and those who surrendered were pardoned. The uprising resonated in other towns of the neighboring provinces, notably Biñan, Imus, Silang, Kawit, Bacoor, San Mateo, Taguig, Parañaque, and Hagonoy. The agrarian conflicts reached the ear of King Philip VI who appointed Oidor (a judge of the Royal Audiencias and Chancillerías) Pedro Calderon Enriquez to investigate the charges brought against the religious orders and to ascertain the validity of their titles to the lands in question. The friars were ordered to submit their titles to a secular judge, but refused to comply, claiming ecclesiastical exemption. In the face of their opposition the governor general dispossessed the friars of the lands which were said to have been illegally occupied by the friars and which they were continuing to hold without legitimate title, restoring the lands to the Crown. The case was appealed by the friars to the Royal Audiencia of Manila and that tribunal upheld the first decision; then the case was further appealed to the Council of the Indies in Spain and again the decision was confirmed. But the whole matter did not stop here; subsequently, the friars won their case and retained the disputed lands, and their ownership of the lands remained intact even after the end of the Spanish regime.
Agrarian Revolt
President: Gen. Emilio Aguinaldo came to power in 1899; Actions: the Malolos Constitution was crafted intended to confiscate the so-called Friar lands and other large estates; Problems: the First Philippine Republic was short-lived so that the plan to confiscate the lands was never executed.
The First Philippine Republic
There were some noteworthy regulations enacted during the American period; Challenge: The Land Registration Act of 1902 did not completely solve the problem of land registration under the Torrens system because the lands owners might not have been aware of the law or that they could not pay the survey cost and other fees required in applying for a Torrens title.
American Period (1998 – 1935)
set the ceilings on the hectarage of private individuals to 16 hectares, and 1,024 hectares for corporations
Philippine Bill of 1902
Act No. 469; provided for a comprehensive registration of land titles under the Torrens system
Land Registration Act of 1902
introduced the homestead system in the Philippines
The Public Land Act of 1903
Act No. 4054 and 4113; regulated relationships between landowners and tenants of rice (50-50 sharing) and sugar cane lands
The Tenancy Act of 1933
President: Manuel L. Quezon; Actions: Social Justice program to block the increasing social unrest in Central Luzon.
Commonwealth Period (1935-1942)
promulgated for the promotion of social justice to ensure the well-being and economic security of all people, should be the concern of the State.
1935 Constitution
An Amendment to Rice Tenancy Act No. 4045; enacted on Nov. 13, 1936, provided for certain controls in the landlord-tenant relationships
Commonwealth Act No. 178
established the price of rice and corn that helped the poor tenants as well as consumers
National Rice and Corn Corporation (NARIC) of 1936
specified the reasons for dismissal of tenants and only with the approval of the Tenancy Division of the Department of Justice
Commonwealth Act. No. 461, 1937
created on March 2, 1939; provided the purchase and lease of haciendas and their sale and lease to the tenants
Rural Program Administration
enacted on June 3, 1939; created the National Settlement Administration with a capital stock of P20,000,000
Commonwealth Act No. 441
The problems of land tenure in the Philippines remained even after the Philippine Independence in 1946. To address the problem, the Philippines Congress revised the tenancy law.
Japanese Occupation
Hukbo Laban sa Hapon; Controlled the areas of Central Luzon during the Second World War; Composed of peasants and workers who took up ars against the Japanese forces; Peasants who supported them earned fixed rentals; Landowners who supported the Japanese lost their lands to peasants; Short-lived because it ended with WWII
Hukbalahap
During Roxas’ administration, the laws were enacted.
President Manuel Roxas (1946 – 1948)
established the 70-30 sharing arrangements and regulated the share-tenancy contracts
Republic Act No. 34
provided for a more effective safeguard against arbitrary ejectment of tenants
Republic Act No. 55
Passed LASEDECO
President Elpido Quirino (1948 – 1953)
