RIPH FINALS: AGRARIAN REFORM Flashcards
THE LAND TITLES AND OWNERSHIP
- COURTS OF FIRST INSTANCE SHALL HAVE ____________________ OVER ALL APPLICATIONS FOR ORIGINAL REGISTRATION OF TITLE TO LANDS, INCLUDING IMPROVEMENTS AND INTERESTS THEREIN, AND OVER ALL PETITIONS FILED AFTER ORIGINAL REGISTRATION OF TITLE, WITH POWER TO HEAR AND DETERMINE ALL QUESTIONS ARISING UPON SUCH APPLICATIONS OR PETITIONS.
EXCLUSIVE JURISDICTION
- everything must be legal
DIFFERENCE BETWEEN LAND, AGRARIAN. AND AGRICULTURAL REFORM
______________ - wide variety of programs and measures usually by the government to bring about more effective control and use of land for the benefit of the community,
- What will we do with the land?
LAND REFORM
DIFFERENCE BETWEEN LAND, AGRARIAN. AND AGRICULTURAL REFORM
______________ - A broad concept that encompasses various aspects of improving the quality of life in rural areas, including infrastructure, education, health, and social services
- focused in all aspects of rural community
RURAL REFORM
DIFFERENCE BETWEEN LAND, AGRARIAN. AND AGRICULTURAL REFORM
______________ - measures to modernize agricultural practices and improve the living conditions of everyone within the entire agrarian community. It includes various supports agricultural education, to the establishment of cooperatives; the development of institutions to provide agricultural credit and other inputs; the processing and marketing of agricultural produce; the establishment of agro-based industries, and others.
- Agricultural practices
- Focused on agricultural sector
AGRARIAN REFORM
WHY LAND AND AGRARIAN REFORM MATTERS?
- The desire to obtain social justice and full development of the dignity of man within given situations of land reform has gained great importance over the years in many countries of the world, especially in agricultural countries.
- One of the effects of colonizing periods was the concentration of landholdings in the hands of the law. These few people whom they call __________________ have yielded tremendous influence in the social and economic life of the nation that they had been able to dictate to their dependents (the tenants and their families) such matters as to whom to vote for in political elections.
landlords or “caciques”
THE REGALIAN DOCTRINE
- ALL LANDS AND ALL OTHER NATURAL RESOURCES ARE OWNED BY THE STATE
- ALL LANDS OF WHATEVER CLASSIFICATION AND OTHER NATURAL RESOURCES NOT OTHERWISE APPEARING TO BE CLEARLY WITHIN PRIVATE OWNERSHIP BELONG TO THE STATE
- UNLESS ALIENATED IN ACCORDANCE WITH LAW, IT RETAINS ITS BASIC RIGHTS OVER THE SAME AS DOMINUS
- PUBLIC LANDS NOT SHOWN TO HAVE BEEN RECLASSIFIED OR RELEASED AS ALIENABLE AGRICULTURAL LAND OR ALIENATED TO A PRIVATE PERSON BY THE STATE REMAIN PART OF THE ALIENABLE PUBLIC DOMAIN.
(Alienable and Disposable lands - public lands that are susceptible of being disposed to qualified beneficiaries under applicable laws and regulations providing for land disposition.)
As long as no one owns it, it belongs to the state
- THE SPANISH CROWN IS THE ORIGIN OF ALL TITLES IN THE PHILIPPINES HAS PERSISTED BECAUSE TITLE TO LAND MUST EMANATE FROM SOURCE FOR IT CANNOT ISSUE FORTH NOWHERE.
- ROYAL RIGHTS WHICH THE KING HAS BY THE VIRTUE OF HIS
CONCEPT OF JURA REGALIA
- IN SPANISH LAW - A RIGHT WHICH THE SOVEREIGN HAS OVER ANYTHING IN WHICH A SUBJECT HAS A RIGHT OF PROPERTY OR PROPRIEDAD. (THE KING WAS REGARDED AS THE ORIGINAL PROPRIETOR AND ONLY SOURCE OF TITLE)
- IN SHORT, THE STATE IS THE ORIGINAL PROPRIETOR OF ALL LANDS AND, AS SUCH, IS THE GENERAL SOURCE OF ALL PRIVATE TITLES.
PREROGATIVES
SPANISH ERA
- During the Spanish colonial period, lands were divided and granted to encourage Spanish settlers or reward soldiers who served the Crown.
SPANISH ERA
- These were called ______________. The conditions of this grant state that the encomendero must defend his encomienda from external attack, maintain peace and order within, and support the missionaries. In consideration of these services, the encomendero acquired the right to collect tribute from the indios (natives) in the amount and form determined by the royal government.
encomiendas
SPANISH ERA
- The ________________- was originally established more for the benefit of the natives than of the encomenderos. Thus the latter could not be called lords because they were considered protectors, advocates and tutors of the natives. The he system, however, degenerated into into abuse of of power by the encomenderos. Th e tributes they were authorized to collect soon became land rents, and the people living within the boundaries of the encomienda became tenants.
encomienda system
SPANISH ERA
- The _______________ became the first group of hacenderos in the_country. Meanwhile, the colonial government took the place of the datus. The datu was now called cabeza de barangay, but it was the proprietors of the estates who held the real power in the barangay or community.
encomenderos
SPANISH ERA
- There were four classes of estate proprietors in the Philippines during the Spanish period:
- Religious orders Dominican and Augustinian
- Spanish peninsulares
- Oriollos and mestizos
- Native principales
- The Dominican friars leased their lands to both the _________________-, who became known as ______________-. Each — paid a fixed ground rent for the area he cultivated, and the estate owner was not allowed to lease the land to others unless the incumbent leaseholder failed to pay the rent for two consecutive years.
- However, the — abused this policy by disposing off the lands as if they owned them. They sold their interest in them or mortgaged to wealthy takers, or sub-leased them at rents higher than what they themselves paid. Thus by being inquilinos, they earned more than the estate owners without doing virtually any work.
- This became the root of a system in which native agricultural entrepreneurs who tilled and cleared the land with the aid of tenants whom they hired on a sharecropping basis had to lease the land. In time, the system evolved a set of practices that soon began to exploit the tenant tillers
natives and mestizos
inquilinos
Dominicans friars charge: 500
Inquilino nagbabayad ng 500 sa dominican pero yung imuupa sakanya 5,000
4,500 naiipon nya
Unfairness
SPANISH ERA
Although Spanish authorities were aware of these pernicious practices, no effective measures were made in spite of two royal decrees issued in _____ and ______ urging landholders to secure titles. Under these decrees, the government granted a term of one year within which claims for free titles were to be filed. But because the large majority of peasants either did not understand the law or found the procedure too complicated and alien to tradition, only a few took advantage of the offer.
- Those few were mostly of the cacique class, who claimed more lands than they actually had a right to. As a result, the actual tillers were driven out of their land or forced to become tenants of the caciques.
- Spanish land practices came to a halt with the outbreak of the Philippine Revolution when Spanish land owners started to sell off their lands as brought about by the power shift in government where Spain was on a losing side against the Filipinos who had declared their independence in _______ and the Americans who were insisting to stay.
1880 & 1184
1898
AMERICAN PERIOD AND THE TORRENS SYSTEM
- To remedy the problem, the Americans introduced the ______________ of land registration whereby government-purchased titles were granted only after the completion of a survey and land ownership had been proven in court. This, however, did not solve the problem completely. As with the Spanish system, the majority of farmers did not avail of the government’s offer. 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.
- As for the Friar Lands, even American authorities could not touch them as these were covered by valid land titles issued during the Spanish era. Furthermore, the Treaty of Paris of 1898 bound the U.S. government to protect the property interests of religious orders. The best solution offered for such a condition was the outright purchase of the lands. By ______, about 69 percent of all Friar Lands had been bought and disposed of by the U.S. Civil Government of the Philippines.
Torrens system
1919
American Regime (1901-1935)
- During the American era, several laws were passed to regulate and improve land tenure. Among the significant legislative pieces:
- _______________ - imposed specific conditions on the disposition of public lands
Philippine Bill of 1902
American Regime (1901-1935)
- _________________- provided for a comprehensive registration of land titles under the Torrens system
Land Registration Act of 1902 (Act No. 496)
American Regime (1901-1935)
- ________________- regulated relationships between landowners and tenants of rice lands
Rice Share Tenancy Act of 1933 (Act No. 4054)
American Regime (1901-1935)
- ________________- - regulated relationships between landowners and tenants of sugar cane fields
- At the start of the American era, some 400,000 native farmers were without titles because of the defective land system rooted in Spanish institutions, and of the farmers’ ignorance of various laws. The situation was aggravated by the absence of records of issued titles and accurate land surveys. Land disputes began and agrarian troubles worsened.
Tenancy Act of 1933 (Act No. 4113)
THE TORRENS SYSTEM OF REGISTRATION
- INTRODUCE BY SIR __________________
ROBERT TORRENS
