Professional Documents
Culture Documents
Submitted to:
Atty. Jennifer N. Asuncion
Submitted by:
Banez, May
Bosantog Herbert Armstrong
Cubian, Clifford
Dogaong, Azril
Poking, Samuel
December 5, 2015
TABLE OF CONTENTS
I.
INTRODUCTION . 6
II.
E.
F.
VII.
ABSTRACT
Being landless was the main cause of social unrest and revolt. Land dispute
has been characterised by fierce, sometimes bloody, power struggles over
lands. Laws and decrees have been passed to correct the sharp inequalities
in the distribution of land ownership. The government introduced a variety
of laws and regulations to improve the lot of the tenant farmers and small
landholders. Agrarian reform programs have been enacted to be
implemented as a social justice measure in order to change the prevailing
situation of unjust and inequitable ownership of land and resources by a few
individuals in the society. However, the reform laws have been tainted with
vested interest of the landed elite in enacting the law, making the reform
implementation difficult and derailed. The agrarian reform laws contained
legal loopholes that gave landlords the opportunity to have their lands be
exempted, if not delaying the inclusion, through legal means. Philippine
agrarian reform has experienced all the difficulties one would expect in a
poor society of immense inequality. The emergence of an independent,
unified agrarian reform department was slow.
I.
INTRODUCTION
Land for the landless is a slogan that underscores the acute imbalance in the
distribution of this precious resource among the Filipino people. But it is more than a
slogan. Through the brooding centuries, it has become a battle-cry dramatizing the
increasingly urgent demand of the dispossessed among us for a plot of earth as their
place in the sun (Assoc. of Small Landowners in the Philippines vs. Secretary of Agrarian
Reform, GR. No. 78742).
Agrarian reform has been the main policy response of government to correct the
sharp inequalities in the distribution of land ownership in the Philippines. The historical
records show that the process of disposal of State lands has heavily favored households
with economic and political power. The result has been the ownership of big
landholdings by few families and the rise of haciendas or family estates comprising
several hundreds and thousands of hectares. Land distribution tended to become
concentrated in landed elites and large masses of peasants were displaced and became
landless.
For over a century, the Philippines has been characterised by fierce, sometimes
bloody, power struggles over land. In addition, Agrarian reform has been a highly
political issue for centuries, a factor that contributed to its sluggish performance in
every regime in the last century. The historical records of agrarian reform programs
were believed to be implemented as a social justice measure in order to change the
prevailing situation of unjust and inequitable ownership of land and resources by a few
individuals in the society.
Agrarian reform first appeared on the agenda of Philippine policy making with
the beginning of the American colonial rule. Since the turn of the century, several land
related laws and programs were introduced by the American administration. Realizing
that being landless was the main cause of social unrest and revolt at that time, the
Americans sought to put an end to the miserable conditions of the tenant tillers.
such
as
production
or
profit-sharing
labor
____________________
[1]
Source: www.edu.cebuestates.com/agrarian-land-reform/1concepts-exemptions-retention.htm
[2]
[3]
Source: en.wikipedia.org/wiki/Agrarian_reform
Agrarian Reform does not, of course, simply mean changes in land ownership. It
also involves the provision of support services including, but not restricted to, capital
and credit, improved production and post-harvest technologies, access to physical
markets and market information, as well as access to social services. Such services are
designed not only to improve incomes but also to reduce inequities in control over
assets and markets, to militate against distress sales of land or subjection to usury and
thereby to assist beneficiaries in developing their relative autonomy both culturally and
politically.[4]
____________________
[4]
Arthur D. Neame. February 2008. Agrarian Reform and Rural Development Mapping the Terrain.
[5]
Marife Ballesteros and Alma dela Cruz. December, 2006. Philippine Institute for Development Studies.
Agrarian reform and Changes in Land Ownership Concentration: Evidence from Rice-Growing Villages in the
Philippines. Discussion Paper Series No. 2006-21.
[6]
The start of agrarian reform in the Philippines has been traced back to the break-up of friar lands in
1908. This was followed by other Acts that focused on tenancy reforms and resettlement on public lands. Tenancy
reforms involved regulations on contracts and landlord-tenant relations aimed at protecting tenants against
abuses by the landlords (Public Act 4054). On the other hand, resettlement involved the opening up of new
settlement areas and the purchase of friar lands for distribution to peasants. (Murray 1972 in Hayami and Kukuchi
book 1981).
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
10
place. In 1963, the Agrarian Reform Code was enacted which introduced the concept
of owner-cultivatorship and leasehold tenure. Owner-cultivatorship provided tenants
the opportunity to own land while leasehold tenancy afforded tenants permanent use
rights over the land. The 1963 Code paved way to a modern concept of agrarian
reform which envisioned a broad-based human and economic development for the
agriculture sector. This concept broach the idea of an agrarian reform program instead
of merely agrarian reform to emphasize the concern not only with the acquisition and
distribution of land but also of uplifting the political and socioeconomic status of
beneficiaries. It is in this light that the 1972 and 1988 agrarian reform programs have
been instituted. In particular, Presidential Decree 27 (PD 27) of 1972 resulted in the
following changes in the program[7][8]:
i.
one, coverage of the reform was not limited to pilot areas but
applied comprehensively;
ii.
iii.
iv.
Additional reforms were instituted under Republic Act (RA) 6657 of 1988 or the
Comprehensive Agrarian Reform Law (CARL). CARL has all the basic design of the 1972
program but coverage was expanded to all agricultural lands while ownership ceiling
was further reduced to 5 hectares. [9]
____________________
[7]
The earlier programs were never implemented on a large scale. In particular, the 1963 program covered
only pilot areas in Central Luzon. The retention limit under the 1963 Code was 75 hectares. Government
expropriated land in excess of 75 hectares. In 1972, landowners where allowed to retain at most 7 hectares plus 3
hectares for each heir of the land they currently owned.
[8]
Marife Ballesteros and Alma dela Cruz. December, 2006. Philippine Institute for Development Studies.
Agrarian reform and Changes in Land Ownership Concentration: Evidence from Rice-Growing Villages in the
Philippines. Discussion Paper Series No. 2006-21.
[9]
Ibid.
11
____________________
[10]
Marife Ballesteros and Alma dela Cruz. December, 2006. Philippine Institute for Development Studies.
Agrarian reform and Changes in Land Ownership Concentration: Evidence from Rice-Growing Villages in the
Philippines. Discussion Paper Series No. 2006-21.
[11]
Nagarajan, Geetha, C. David, R. Meyer (1992) Informal Finance Through Land Pawning Contracts:
Evidence from the Philippines. Journal of Development Studies 29 (1): 93-107.
[12]
Estudillo, J. Y. Sawada and K. Otsuka (2006). Changing Determinants of Schooling Investments and
Overseas Emigration: Evidence from Rural Villages in the Philippines. Draft paper submitted for publication to the
Journal of Economic Literature.
[13]
Ibid.
[14]
Marife Ballesteros and Alma dela Cruz. December, 2006. Philippine Institute for Development Studies.
Agrarian reform and Changes in Land Ownership Concentration: Evidence from Rice-Growing Villages in the
Philippines. Discussion Paper Series No. 2006-21.
12
Saturnino M. Borras Jr. and Jennifer Franco. October, 2008. Reforming Agrarian reform in the
Philippines. Research findings at a glance from the Institute of Development Studies Citizens Building Responsive
States.
[16]
Eduardo Climaco Tadem. May 2015. Philippine Agrarian Reform in the 21st Century. Land grabbing,
conflict and agrarianenvironmental transformations: perspectives from East and Southeast Asia. An international
academic conference 56 June 2015, Chiang Mai University Discussion Note No. 2.
[17]
Ibid.
13
all sections of the political spectrum. The CPAR declaration asserted that, The core
principle in agrarian reform is the primacy of the right of all members of the
agricultural labor force who do not own land, near-landless farmers, farmworkers,
small fisherfolk and other direct producers to own and control the land, have full
access to other natural resources and gain full disposition over the.[18]
In this regard, the major issues are (1) social justice and inequality, (2) low
productivity, (3) lack of control by the rural masses over their lives and destiny, (4)
under-industrialization, (5) environmental breakdown, and (6) foreign domination.
CPAR also outlined the aims of its agrarian reform program:
1. To transfer landed wealth and power over the land and its produce to the actual
tillers;
2. To free and develop the productive powers of agrarian workers, and fisher folk
form the forces that deprive them of resources and initiative;
3. To develop the mechanisms for people empowerment by creating autonomous
decision-making bodies of the rural masses;
4. To promote nationalist industrialization by widening the national market,
rechannelling the agricultural surplus into industrial investments and labor for
industrial development, and the establishment of self-sufficient local industries
controlled by the rural masses;
5. To conserve the natural environment so that it may serve the short and longterm needs of the Filipino people; and
6. To do away with foreign control over natural resources.
These then are the basic principles and features of an agrarian reform program that
meets the true needs and deep aspirations of the Filipino peasantry and other rural
working classes. When measured against what CARP/ER has had to offer, CPAR and
PARCODE definitely represent the more superior alternative.
____________________
[18]
14
____________________
[19]
Lourdes Saulo Adriano, A General Assessment of the Comprehensive Agrarian Reform Program,
Working Paper Series No. 91-13. Philippine Institute of Development Studies, August 1991.
[20]
Eduardo Climaco Tadem. May 2015. Philippine Agrarian Reform in the 21st Century. Land grabbing,
conflict and agrarianenvironmental transformations: perspectives from East and Southeast Asia. An international
academic conference 56 June 2015, Chiang Mai University Discussion Note No. 2.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
15
16
Focus on the Global South (with the Save Agrarian Reform Alliance), The State of Agrarian Reform Under
President Benigno Aquino IIIs Government: Beyond the Numbers: A struggle for social justice and inclusive rural
development, (Focus on the global south-Philippines: Quezon City. 2013.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
17
negligent.
Contrary to the claim of the present DAR leadership that landowner resistance is
not a major problem, numerous reports have surfaced of farmers being evicted,
harassed, intimidated and killed by landlords and hired goons. Furthermore, between
2012 and 2013, there was a 4.6 percent increase in the number of cases filed by
resistant landowners at the Agrarian Reform Adjudication Board.
Land grabbing and land use conversions are intensifying even in landholdings that
have been covered for distribution thus denying the rights of potential agrarian reform
beneficiaries to own and control the land. These are misappropriated for nonagricultural purposes such as real estate development, tourism, mining, and special
economic zones by foreign and domestic land speculators such as influential politicians,
local governments and giant property developers like Ayala Land, SM, and Villars Vista
Land and Lifescapes. The more prominent examples are the cases of Sumalo, Plaridel,
Sicogon and Casiguran. Also violative of agrarian reform ideals is the entry of
investments in various agreements and contracts like joint ventures, leasehold, publicprivate partnership (PPP) and the aggressive expansion of crops for agrofuels
(biofuels)[22] setting aside thousands of hectares of land for plantation activities under
large-scale agribusiness production and management arrangements.
3. The Agrarian Situation[23]
Agrarian reform has been a highly political issue for centuries, a factor that
contributed to its sluggish performance in every regime in the last century. The
historical records of agrarian reform programs were believed to be implemented as a
social justice measure in order to change the prevailing situation of unjust and
____________________
[22]
Focus on the Global South (with the Save Agrarian Reform Alliance), The State of Agrarian Reform Under
President Benigno Aquino IIIs Government: Beyond the Numbers: A struggle for social justice and inclusive rural
development, (Focus on the global south-Philippines: Quezon City. 2013.
[23]
Eduardo Climaco Tadem. May 2015. Philippine Agrarian Reform in the 21st Century. Land grabbing,
conflict and agrarianenvironmental transformations: perspectives from East and Southeast Asia. An international
academic conference 56 June 2015, Chiang Mai University Discussion Note No. 2.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
18
Putzel, James. 1995. Managing the Main Force: The Communist Party and the Peasantry in the
Philippines. Journal of Peasant Studies, 22 (4): 64571.
[25]
Hayami, Yujiro et. al. 1990. Toward an Alternative Agrarian reform Paradigm: A Philippine Perspective.
Manila: Ateneo de Manila University Press.
[26]
Lindio-McGovern, Ligaya. 1997. Filipino Peasant Women: Exploitation and Resistance. USA: University
of Pennsylvania Press.
[27]
Ibid.
[28]
Land-to-the tiller essentially means that those who directly labor and till the land have the right to own
it (Lindio-Mcgovern 1997: 145).
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
19
stagnation in the countryside. It is estimated that 75 percent of the countrys poor live
in the rural areas.
Given the official rural poverty incidence of 38 percent (compared to 14 percent
for urban areas), there are at least 13 million rural-dwelling Filipinos suffering in
poverty. Of the countrys poor households, 61 percent are in the agricultural and fishery
sectors. Poverty incidence is highest among farmers at 41 percent and fisher folk at 37
percent compared to the national poverty incidence of 27 percent.
From 2009 to 2012, more people in the countryside entered subsistence poverty
(125,724) than nationally (107,877). Despite CARP/ERs avowed goal of redistributing
land, and although many beneficiaries have become owner-cultivators, inequities in
land distribution have been increasing with the land inequality ratio today peaking at
0.57, up from 0.53 in 1960. Furthermore the agricultural sectors labor productivity is
only 16 percent that of industrial workers and 31 percent of service workers.
20
Bauzon, Philippine Agrarian Reform, 1880-1975, Occasional Paper No. 31, Institute of Southeast Asian
Studies (June 1975).
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
21
Bauzon, Philippine Agrarian Reform, 1880-1975, Occasional Paper No. 31, Institute of Southeast Asian
Studies (June 1975).
[31]
Id. at 12.
[32]
[33]
Rep. Act No. 3844 (1963). This Act is commonly known as the Agrarian reform Code of 1963.
[34]
22
Rep. Act No. 1199 (1954) ["Tenancy Act"]. This law sets the maximum rental payable by a sharecrop
tenant at 30% of the crop and, as amended in 1959, allows the tenant to convert unilaterally to a leasehold tenancy.
[36]
Seadag, Agrarian reform in the Philippines, Rural Development Panel Seminar, Baguio, Philippines, April
24-26, 1975, at II.
[37]
Id.
23
____________________
[38]
24
Agrarian Code, supra, note 10, remained in force except as modified by these Decrees and other
executive orders.
[40]
[41]
25
Pres. Decree No. 27 provides that tenant farmers falling under its application are
to be:
... deemed owner of a portion [of land] constituting a familysize farm of five (5) hectares if not irrigated and three (3)
hectares if ' irrigated.
No guidelines are provided in Pres. Decree No. 27 or any of its amendments for
the determination of which three or five hectares plots are to be transferred in Cases
where the tenant is cultivating an area larger than the maximum. A general formula is
provided, however, to assist in determining the price of any land to be expropriated,
as follows:
...the value of the land shall be equivalent to two and
one-half (2%) times the average' harvest of three normal years
immediately preceding the promulgation of [PD. No. 27].
The total price of the land expropriated for the benefit of tenants, as determined
by the above formula, is to be paid by the individual tenant who acquires the land.
Payment may be made over 15 years, in 15 equal annual amortization payments,
including 6% interest per annum. Local farmers' cooperatives act as guarantors of the
amortization payments, in case of a default by their member farmers. In addition, Pres.
Decree No. 27 requires that the government guaranty the amortization payments
with shares of stock in government-owned and government-controlled corporations.
In order to secure the land transfer transaction more adequately, the Land Bank of the
of the Philippines, created by the Agrarian Code, has in practice compensated the
landowner and acted as an interim owner of the land during the amortization period.
The goals behind this policy are to minimize mortgage defaults, provide the landowner
with substantial immediate payment and eliminate the pernicious dependent
relationship between the tenant-owner and former landlord.[42]
____________________
[42]
Harkin, D., Strengths and Weaknesses of the Philippine Land. SEADAG Papers on Problems of
Development in S.E. Asia (May 1975).
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
26
Although the Land Bank acquires agrarian reform acreage as interim owner, the
former landowner still does not receive immediate full payment in cash. An option is
provided for the landowner to elect immediate full payment of 10% of the land value
in cash and 90% in Land Bank bonds rather than using the Pres. Decree No. 27
amortization formula. This lessens the effect of inflation, which would reduce the
return to the landowner over a IS-year amortization period at the artificially low 6%
interest rate set by Pres. Decree No. 27. Most landowners affected by Pres. Decree No.
27 have in fact chosen this immediate payment option, according to the DAR.
After the small farmer has completed his payments to the Land Bank under Pres.
Decree No. 27, he has a perfected land title. However, title to the land may be
transferred subsequently only to the government or one heir.[43] This rather
paternalistic restriction is aimed at preventing the new owner from losing his title and
becoming a tenant again or from splitting the land up among many heirs into
uneconomic ally small units. Although Pres. Decree No. 27 made enforcement of
agrarian reform potentially easier to institute and enforce, the actual economic benefit
may not be as great as would seem for all types of tenants. Former leasehold tenants,
who gained significant rights under the Agrarian Code, would only benefit marginally if
at all from Pres. Decree No. 27. This seems to be the case because as owners they
would continue to make virtually the same payments during the IS-year amortization
period which they had as lessees. Under the Pres. Decree No. 27 scheme the former
leasehold tenants would also be faced with taxes and other charges, which would be
payable in addition to their amortization payments. Thus, it is questionable whether
the leasehold tenant should find the Pres. Decree No. 27 land ownership more favorable
economically than his secured leasehold under the Agrarian Code. The Pres. Decree No.
27 land transfer formula apparently was developed to benefit mainly sharecrop tenants
who did not have the security of land tenure afforded the leasehold tenant. However,
in the process of improving the lot of the sharecrop tenant, the leasehold tenant's
position was perhaps worsened.
____________________
[43]
Harkin, D., Strengths and Weaknesses of the Philippine Land. SEADAG Papers on Problems of
Development in S.E. Asia (May 1975).
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
27
Harkin, D., Strengths and Weaknesses of the Philippine Land. SEADAG Papers on Problems of
Development in S.E. Asia (May 1975).
[45]
Id. See also Presidential Memorandum of November 25, 1972 (instructing the DAR to postpone
promulgation of the draft regulations).
[46]
[47]
28
rice or corn to some crops not covered by Pres. Decree No. 27. Thus, landowners may
not circumvent the law by changing to sugarcane or coconuts; crops for which sharecrop
tenancy is still allowed under the Tenancy Act. These changes effectively eliminated
the possibilities for legitimate landowner circumvention of the law.
The actual implementation of Pres. Decree No. 27 has been relatively slow.
Transfer of 'lands down to the seven hectare cut-off point was required in stages of
100, 50, 24 and, finally, seven hectare plot, respectively. [48] However, the final decision
to extend land transfer down to the seven hectare limit was not announced until
November 1974.[49] Statistics indicate that most of the potential tenant beneficiaries
are located on plots of less than 24 hectares.[50] Thus, extension of agrarian reform
benefit to the largest number of tenants was not actually required until two years after
the issuance of Pres. Decree No. 27.
Another practical difficulty which has arisen with Pres. Decree No. 27, concerns
valuation of the land to be purchased by the tenant farmer. Apparently, the Pres.
Decree No. 27 formula[51] for pricing land was never exactly applied, although the
necessary data on crop values were collected by DAR field technicians.[52] For
undisclosed reasons, but most likely due to landowner pressure, the DAR has issued an
order instructing its field offices to fix the price of land by face-to-face bargaining,
between landowner and tenant. Reversing the Pres. Decree No. 27 formula, this
bargained price was to be used to determine the value of average harvests from the
land. After being multiplied by 2.5, as required by Pres. Decree No. 27, the harvest
price would then yield the already fixed land purchase price. Obviously, this procedure
is less favorable for the tenant and more favourable for the landowner because of the
greater bargaining power of the latter. It also seems to be a curiously subjective
____________________
[48]
[49]
Harkin, supra, note 14, at 8. This decision was confirmed by the government in May 1975.
[50]
Id. at 11.
[51]
See p. 6, supra.
[52]
Harkin, supra, note 14, at 7. See Letter of Instruction No. 41 (November 27, 1972), which ordered the
collection of the necessary data. See also Letters of Instructions Nos. 45, 46 and 52 (1972).
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
29
application of the Pres. Decree No. 27 formula, which is aimed at achieving some
objective determination of land values.
The two main shortcomings of Pres. Decree No. 27 and of the subsequent
Presidential Decrees amending it,[53] lie in the failure to go beyond reform of a small
part of the agricultural land in the Philippines and then lack of adherence to policy
objectives in the drafting of implementing regulations. The DAR has calculated that the
full implementation of Pres. Decree No. 27, all the way down to land plots of seven
hectares or more, would only benefit about 956,000 tenants occupying a land area of
1.5 million hectares.[54] This would represent only a fraction of the total agricultural
land area of the Philippines. Furthermore, there is uncertainty even as to how far the
already narrowed scope of Pres. Decree No. 27 will be pressed by the DAR. Letter of
Instruction No. 143, in fact, proposed a list of exempt categories for certain types of
landholdings between seven and 24 hectares.[55]
It should be noted that, even as drafted, Pres. Decree No. 27 encompasses less
land area than the Agrarian Code, as amended. The basic problem for the government
in the future will be how to continue extending the agrarian reform law, on the model
of Pres. Decree No. 27, to reach a larger number of tenant beneficiaries and ultimately
to cover all types of agricultural land throughout the entire land area of the Philippines.
A new agrarian reform code has been drafted by the DAR and is currently under
____________________
[53]
Pres. Decree No. 57 (October 21, 1972) establishing commercial loans and other credit and
guarantee facilities to finance tenant land purchases;
Pres. Decree No. 84 (December 22, 1972~ authorizing the Secretary of Agrarian Reforms to sign
land transfer certificates for the President;
Pres, Decree No. 85 (December 24, 1972) creating the Agrarian Reform Fund, consisting of the
government-owned stock and assets in certain public corporations;
Pres. Decree No. 152 (March 13, 1973) prohibiting use- of share tenants on lands covered by the
Public Land Act;
Pres. Decree No. 266 (August 4, 1973) setting registration procedures for Land Transfer Certificates
issued under Pres. Decree No. 27.
[54]
30
[57]
Is Agrarian reform a Failure in the Philippines? An Assessment on CARP. Limits of Good Governance in
Developing Countries.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
31
time. While the current reform may not be a complete failure; however, its deficiencies
and loopholes disrupt the efficient implementation thereby producing discontent and
disbelief.
Success stories of agrarian reform beneficiaries (ARB) are available, though a
thorough evaluation is necessary especially in correlating this to agrarian poverty issue.
But this success was only made possible because of external help and favorable
circumstances. In the post-agrarian reform regime, supportive institutions and inputs,
as part of agrarian reform policy, are vital in making the entire reform work. And this
support must be publicly supplied and government initiated. If the government is
lacking of its effort, the reform will fail to deliver the best outcomes that tackle equity
consideration and poverty reduction in the long run. Government should therefore
provide the necessary resources to the still frail new landowners to be able to adjust
in their new role. Only when they become stable and can stand on their own that they
can contribute to the other goals of development. Agrarian reform, after all, does not
end in giving lands to the landless. They need public support that will enhance the
effectiveness of the reform. We cannot just leave farmers in limbo without the
necessary safety nets.
Overall, the program entails serious challenge to succeed as an agenda on
poverty reduction of the government in the long run. While modest outcomes have been
observed in the current agrarian reform, in the future, however, more and more
agricultural households can no longer secure their livelihood from the land. In the postreform regime, as the case of many developing countries now, agrarian reform may
have not probably solved all the social, political and economic issues embedded in the
development agenda; however, it is still a crucial ingredient in improving the wellbeing of poor rural people. After all, rural is still dominated by agriculture, and its
progress within the framework of agrarian development benefits local poor people and
tackles poverty in the long run.
32
____________________
[58]
Alberto Vargas. March, 2003. The Philippines Country Brief: Property Rights and Land Markets. Land
Tenure Center, University of WisconsinMadison.
[59]
Riedinger, Jeffrey M. Agrarian reform in the Philippines: democratic transitions and redistributive
reform. Stanford, Calif.: Stanford University Press, 1995. 366 p.
[60]
Alberto Vargas. March, 2003. The Philippines Country Brief: Property Rights and Land Markets. Land
Tenure Center, University of WisconsinMadison.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
33
____________________
[61]
Alberto Vargas. March, 2003. The Philippines Country Brief: Property Rights and Land Markets. Land
Tenure Center, University of WisconsinMadison.
[62]
Ibid.
[63]
Riedinger, Jeffrey. 1995. Agrarian Reform in the Philippines. USA: Stanford University Press.
34
1. Spanish Friars
To trace the origins of the Philippine land issue, one has to go back to the time
of Spanish colonialism beginning in the 1500s. It was during this period that land-related
system affected the islands for the first time. This was believed to be part of the
common strategic outline of almost every colony. [64] The few reports about pre-Hispanic
times suggested that there had been some kind of social stratification and that
individual private property of land did not exist.[65] The first group of people that were
able to concentrate a large amount of land in its hands was the Spanish friars. [66] They
were beneficiaries of a series of royal land grants from the Spanish Crown. In later
times, the friars were able to enlarge their properties through lands passed to them by
way of mortgage claims and outright land grabbing, including donations or purchases
from Spanish laymen in the late seventeenth century. [67]
2. Encomienda System
As a result, the friars came in control vast areas of land on the island of Luzon,
especially around the capital of Manila by the end of Spanish colonial time. [68] Another
land related system that was utilized by the Spanish Crown in the early times of
colonization was the encomienda system. Encomiendas were distributed to Spanish
conquestadores and early settlers. An encomendero was empowered to collect tributes
from the natives living in the area of his encomienda but on the other hand had to
preserve peace within the territory and defend it for the Spanish Crown against possible
perpetrators. They also had to support clergymen in their missionary work. [69] However,
this encomienda system had already vanished from the islands before the
____________________
[64]
Putzel, James. 1995. Managing the Main Force: The Communist Party and the Peasantry in the
Philippines. Journal of Peasant Studies, 22 (4): 64571.
[65]
Putzel, James. 1992. A Captive Land: The Politics of Agrarian Reform in the Philippines. Manila: Ateneo
de Manila University Press
[66]
Roth, Dennis. 1977. The Friar Estates of the Philippines. USA: University of New Mexico Press.
[67]
Constantino, Renato and Letizia R. Constantino. 1978. The Philippines: The Continuing Past. Philippines:
The Foundation for Nationalist Studies.
[68]
Roth, Dennis. 1977. The Friar Estates of the Philippines. USA: University of New Mexico Press.
[69]
Constantino, Renato. 1975. The Philippines: A Past Revisited. Philippines: The Foundation for Nationalist
Studies.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
35
first haciendas emerged, as the late Spanish colonial time gave place to the rise of yet
other landed elite consisting of highly educated Chinese mestizos (children of Chinese
fathers and Filipino mothers), the relatively small number of Spanish mestizos and
descendants of the principalia, and the natives or Spaniards who had been officials in
the early colonial administration such as tribute collectors. [70]
In comparison to the Chinese mestizos, the Spanish mestizos were rather small
in number. Chinese traders reached the islands due to trading opportunities with the
Spaniards. They had soon established themselves in all areas of trade. [71] The mestizos,
who were soon able to accumulate a lot of wealth, filled the gap they left in the area
of trade. Being raised by their mothers as Filipinos, the mestizos blended culturally
with the natives.[72] They did not only concentrate in Manila, but also penetrated the
countryside and started to establish themselves in rural areas. When the ban on Chinese
immigration was lifted and they started to move back into the country, again taking
over their old positions, for the mestizos land as an object for investment became even
more interesting and large landholdings and haciendas began to emerge. [73]
The Spanish colonial period as a time of ongoing land concentration and the
cradle of land distribution patterns and tenure systems in the country. These were
characterized by peasants being share tenants or land laborers, the latter mostly found
in the younger plantations and haciendas devoted to cash crops and established mainly
during the time of American administration that followed the Spanish colonial time.[74]
In his arguments, Putzel[75][76] did not emphasize the differences and similarities
____________________
[70]
Riedinger, Jeffrey. 1995. Agrarian Reform in the Philippines. USA: Stanford University Press.
[71]
Putzel, James. 1992. A Captive Land: The Politics of Agrarian Reform in the Philippines. Manila: Ateneo
de Manila University Press.
[72]
Constantino, Renato. 1975. The Philippines: A Past Revisited. Philippines: The Foundation for Nationalist
Studies.
[73]
Ibid.
[74]
Putzel, James. 1992. A Captive Land: The Politics of Agrarian Reform in the Philippines. Manila: Ateneo
de Manila University Press.
[75]
Putzel, James. 1992. A Captive Land: The Politics of Agrarian Reform in the Philippines. Manila: Ateneo
de Manila University Press.
[76]
Putzel, James. 1995. Managing the Main Force: The Communist Party and the Peasantry in the
Philippines. Journal of Peasant Studies, 22 (4): 64571.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
36
between land laborers and tenant-farmers within the framework of agrarian reform.
The image of peasants described by him suggests both the land laborers and share
tenants who were considered to be the landless poor at the time of legislation of various
agrarian reform laws.[77]
3. The Hacienda System
While at the beginning of the Revolution, the friars estates were already
challenged and subject of criticism, because these newly established haciendas
remained untackled for many years.[78] Meanwhile, at the beginning of the 19th century,
the Philippines as a colony of Spain implemented policies that would mainstream the
country into the world of capitalism. The economy was opened to the world market as
exporter of raw materials and importer of finished goods. The agricultural exports were
mandated and hacienda system was developed as a new form of ownership. [79] More
people lost their lands and were forced to become tillers. In the end, these haciendas
were found to be most resistant to agrarian reform measures and some of them are still
due for redistribution up to now.[80]
The most famous example is Hacienda Luisita (which has a total plantation area
of more than 6,000 hectares in Tarlac, Luzon), the landholding of the family of present
president Benigno Aquino III, and the sugar landholdings in Negros islands. The families
of the new landed elite who had gained wealth and land throughout the last period of
Spanish administration were able to keep and often deepen their economic power
including political power for their own interests.[81] They are still influencing much of
____________________
[77]
Jose Elvina. Is Agrarian reform A Failure in the Philippines? An Assesment on CARP. Part 3: Limits of
Good Governance in Various Facets of Developments.
[78]
Putzel, James. 1992. A Captive Land: The Politics of Agrarian Reform in the Philippines. Manila: Ateneo
de Manila University Press.
[79]
[80]
Carranza, Danilo T. 2004. Hacienda Luisita Massacre: A Tragedy Waiting to Happen. Unpublished.
[81]
Regalado, Aurora A. 2000. States Failure to Fulfill and Defend its Citizens Right to Food: The Philippine
Experience. Unpublished.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
37
the nations economy, political and social life, owning many of the biggest enterprises
of the Philippines.[82] This justifies on why agrarian reform takes centuries old, as the
elites passed on all this power to succeeding generations, a clear manifestation of
economic and political dynasty combined. Agrarian reform became more prominent
during the American colonial rule. The introduction of land related laws and programs
in this colonial regime unfold the redistributive aspect as introduced by the American
rulers. The subsequent various reform measures were more of a representation of polity
reality as a republic society and attempts to appease the growing rural unrest and
inequitable distribution of land resource.[83]
Ibid. pp 22.
[83]
Jose Elvina. Is Agrarian reform A Failure in the Philippines? An Assesment on CARP. Part 3: Limits of
Good Governance in Various Facets of Developments
[84]
Celia M. Reyes. Impact of Agrarian Reform on Poverty. Philippine Journal of Development, Number 54,
Volume XXIX, No. 2, Second Semester 2002
[85]
38
Cuba, brought an interest in the Philippines. At the beginning Filipino forces, under the
leadership of Aguinaldo, joined the Americans in the fight against Spain. However, once
Spain was defeated there was no support for Philippine independence from the part of
the United States. The American influence in the Philippines lasted for another four
decades. The American influence era saw little change in the patterns of elitedominated politics in the Philippines. Although colonial administrators acknowledged
the negative consequences of the prevailing patterns of landownership and distribution
of wealth, little was done to address these issues. [86]
____________________
[86]
Alberto Vargas. March, 2003. The Philippines Country Brief: Property Rights and Land Markets. Land
Tenure Center, University of WisconsinMadison.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
39
[89]
Hayami, Yujiro et. al. 1990. Toward an Alternative Agrarian reform Paradigm: A Philippine Perspective.
Manila: Ateneo de Manila University Press.
[90]
Adriano, L.S. 1991. A General Assessment of the Comprehensive Agrarian Reform Program. PIDS
Working Paper Series No. 91-13. Makati City, Philippines: Philippine Institute for Development Studies.
[91]
Constantino, Renato. 1975. The Philippines: A Past Revisited. Philippines: The Foundation for Nationalist
Studies.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
40
[93]
Constantino, Renato and Letizia R. Constantino. 1978. The Philippines: The Continuing Past.
Philippines: The Foundation for Nationalist Studies.
[94]
Hayami, Yujiro et. al. 1990. Toward an Alternative Agrarian reform Paradigm: A Philippine Perspective.
Manila: Ateneo de Manila University Press.
[95]
Hayami, Yujiro et. al. 1990. Toward an Alternative Agrarian reform Paradigm: A Philippine Perspective.
Manila: Ateneo de Manila University Press.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
41
Philippines into the export trade raised the premium for vast landholdings for
production of export crops like tobacco and sugar.[96]
____________________
[96]
AKBAYAN. Agrarian Reform. History of the Agrarian Reform Struggle. Historical Roots of Landlessness
and Rural Poverty. A Struggle for Social Justice: An Imperative for Development.
[97]
Adriano, L.S. 1991. A General Assessment of the Comprehensive Agrarian Reform Program. PIDS
Working Paper Series No. 91-13. Makati City, Philippines: Philippine Institute for Development Studies.
[98]
[99]
Adriano, L.S. 1991. A General Assessment of the Comprehensive Agrarian Reform Program. PIDS
Working Paper Series No. 91-13. Makati City, Philippines: Philippine Institute for Development Studies.
[100]
Adriano, L.S. 1991. A General Assessment of the Comprehensive Agrarian Reform Program. PIDS
Working Paper Series No. 91-13. Makati City, Philippines: Philippine Institute for Development Studies.
[101]
[102]
AKBAYAN. Agrarian Reform. History of the Agrarian Reform Struggle. Historical Roots of Landlessness
and Rural Poverty. A Struggle for Social Justice: An Imperative for Development.
42
____________________
[103]
Adriano, L.S. 1991. A General Assessment of the Comprehensive Agrarian Reform Program. PIDS
Working Paper Series No. 91-13. Makati City, Philippines: Philippine Institute for Devt Studies.
[104]
Alberto Vargas. March, 2003. The Philippines Country Brief: Property Rights and Land Markets. Land
Tenure Center, University of WisconsinMadison.
[105]
Constantino, Renato and Letizia R. Constantino. 1978. The Philippines: The Continuing Past.
Philippines: The Foundation for Nationalist Studies.
[106]
Jose Elvina. Is Agrarian reform A Failure in the Philippines? An Assesment on CARP. Part 3: Limits of
Good Governance in Various Facets of Developments.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
43
[108]
Ibid.
44
Nobuhiko Fuwa. May, 2000. Politics and Economics of Agrarian reform in the Philippines
[110]
The start of agrarian reform in the Philippines has been traced back to the break-up of friar lands in
1908. This was followed by other Acts that focused on tenancy reforms and resettlement on public lands. Tenancy
reforms involved regulations on contracts and landlord-tenant relations aimed at protecting tenants against abuses
by the landlords (Public Act 4054). On the other hand, resettlement involved the opening up of new settlement areas
and the purchase of friar lands for distribution to peasants. (Murray 1972 in Hayami and Kukuchi book 1981).
[111]
Nobuhiko Fuwa. May, 2000. Politics and Economics of Agrarian reform in the Philippines
[112]
45
Alberto Vargas. March, 2003. The Philippines Country Brief: Property Rights and Land Markets. Land
Tenure Center, University of WisconsinMadison.
[114]
46
ii.
iii.
Riedinger, Jeffrey M. Agrarian reform in the Philippines: democratic transitions and redistributive
reform. Stanford, Calif.: Stanford University Press, 1995.
[116]
[117]
Hayami, Yujiro, Ma. Agnes R. Quisumbing, and Lourdes S. Adreano (1990). Toward An Alternative
Agrarian reform Paradigm: A Philippine Perspective. Ateneo de Manila University Press.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
47
President Quezon laid down a social justice program focused on the purchased
of large haciendas which were divided and sold to tenants. This administration was
responsible in establishing the National Rice and Corn Corporation (NARICC) and
assigning public defenders to assist peasants in court battles for their rights to till the
land. During this period, the Court of Industrial Relations (CIR), was set up to exercise
jurisdiction over disagreements arising from agri-workers and landowner relationship.
It was also during this time that the Rice Tenancy Act (Act No. 4054) was amended. [118]
1. Laws on Agrarian Reform during His Administration
a. RA 4054 or the Rice Tenancy Law was the first law on crop sharing which
legalized the 50-50 share between landlord and tenant with corresponding
support to tenants protecting them against abuses of landlords. However,
this law was hardly implemented because most of the municipal councils
were composed of powerful hacienderos and big landlords. In fact, only one
municipality passed a resolution for its enforcement and majorities have
petitioned its application to the Governor General.[119]
b. The 1935 Constitution, provided specific provisions on social justice and
expropriation of landed estates for distribution to tenants as a solution to
the land ownership and tenancy problems.[120]
c. Commonwealth Act No. 461 specified that dismissal of a tenant should first
have the approval of Tenancy Division of the Department of Justice.[121]
d. Commonwealth Act No. 608 was enacted to establish security of tenure
between landlord and tenant. It prohibited the common practice among
landowners of ejecting tenants without clear legal grounds. [122]
____________________
[118]
[119]
Ibid.
[120]
Ibid.
[121]
Ibid.
[122]
Ibid.
48
Riedinger, Jeffrey M. Agrarian reform in the Philippines: democratic transitions and redistributive
reform. Stanford, Calif.: Stanford University Press, 1995.
[124]
Adriano, L.S. 1991. A General Assessment of the Comprehensive Agrarian Reform Program. PIDS
Working Paper Series No. 91-13. Makati City, Philippines: Philippine Institute for Development Studies.
[125]
Ibid.
49
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.[126]
2. Elpidio Quirino Administration (1948-1953)
The major program of the Quirino administration regarding agrarian reform was
the Land Settlement Development Corporation (LASEDECO) through Executive Order No.
355. This program was established to accelerate and expand the peasant resettlement
program of the government.[127]
3. Ramon Magsaysay Administration (1953-1957)
President Magsaysay realized the importance of pursuing a more honest-togoodness agrarian reform program. He convinced the elite controlled congress to pass
several legislation to improve the agrarian reform situation, to wit[128]:
i.
ii.
iii.
iv.
____________________
[126]
[127]
Ibid.
[128]
Ibid.
50
____________________
[129]
[130]
Ibid.
51
ii.
It aimed to free tenants from the bondage of tenancy and gave hope
to poor Filipino farmers to own the land they are tilling. [132]
iii.
history of agrarian reform legislation (if not implementation). The stated goal of the
1963 Code was to establish owner-cultivatorship and the economic family-sized
farm to make the small farmers more independent, self-reliant. A distinct
feature of the Code was that, unlike in the earlier agrarian reform initiatives, agrarian
reform was considered as a means to increase agricultural productivity, which, in turn,
was based on the need for supply of cheap food for urban consumers as well as the
Marshallian view of inefficient share tenancy which was widespread among young
economist-technoclats of the day.[134] In its attempt to increase agricultural
productivity by creating owner-cultivatorship, the Code stipulated a two-step
procedure for land redistribution:
i.
____________________
[131]
[132]
Ibid.
[133]
Ibid.
[134]
Hayami, Yujiro, Ma. Agnes R. Quisumbing, and Lourdes S. Adreano (1990). Toward An Alternative
Agrarian reform Paradigm: A Philippine Perspective. Ateneo de Manila University Press.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
52
with the fixed rent at 25 percent of the average harvest in the three normal
years preceding the Operation,[135] and
ii.
Such reforms were to apply only to land planted with rice or corn. [136]
While the Code can be seen as a major advance in agrarian reform legislation,
there were serious limits in design as well. For example, the reform Code covered only
rice and corn land (which represented of all agricultural land and of tenant farmers as
of 1960), thereby excluding land planted with sugar, coconut, fruits and other crops.
This also meant that landowners could avoid agrarian reform implementation simply by
shifting their crop away from rice or corn. Another fault in design was that there was
no sanctions against evasion through transforming land use or transferring ownership to
family members, which were common means of sabotaging agrarian reform
implementation. Furthermore, the initial version of the Code included progressive land
tax, which was subsequently deleted in the final version. Indeed, these limits generally
persisted through the subsequent agrarian reform codes (1971 and 1972) until the
enactment of CARP in 1988.[137]
Hayami, Yujiro, Ma. Agnes R. Quisumbing, and Lourdes S. Adreano (1990). Toward An Alternative
Agrarian reform Paradigm: A Philippine Perspective. Ateneo de Manila University Press.
[136]
Nobuhiko Fuwa. May, 2000. Politics and Economics of Agrarian reform in the Philippines
[137]
Ibid.
53
tilled, while share tenants on land less than 7 hectares would become leaseholders.[138]
This agrarian reform program was designed to uplift the farmers from poverty
and ignorance and to make them useful, dignified, responsible and progressive partners
in nation-building. This AR program was a package of services extended to farmers in
the form of credit support, infrastructure, farm extension, legal assistance,
electrification and development of rural institutions.[139] There were five major
components of Marcos Agrarian Reform Program[140]:
i.
ii.
Institutional Development
iii.
Physical Development
iv.
v.
Human Resources
It was the first major attempt of redistributive reform after the Agricultural
Agrarian reform Code of 1963 failed. In fact, the Code of 1963 served as the basis in
the agrarian reform legislation this time; hence, they shared many similar features. In
1971, the Department of Agrarian Reform (DAR) was founded, as the main implementing
body of both PD 27 and the agrarian reform program, along with local agrarian courts
throughout the country.[141] The Marcos agrarian reform program tackled the power of
the landed elites in corn and rice areas, but it did not cover the areas devoted to other
crops. In fact, many of Marcos supporters were even able to extend their power and
gain more lands. The martial law gave them the opportunity to register the lands under
their name and establish vast haciendas.[142]
The Marcos agrarian reform program succeeded in breaking up many of the large
____________________
[138]
[139]
Ibid.
[140]
Ibid.
[141]
Borras, Saturnino, Kay Cristobal and A. Haroon Akram Lodhi. 2006. Agrarian Reform and Rural
Development: Historical Overview and Current Issues. Institute of Social Studies and the United Nations
Development Programme.
[142]
Franco, Jennifer C. 2005. Making Property Right Accessible: Social Movements and Legal Innovation
in the Philippines. Philippine Institute of Development Studies.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
54
haciendas in Central Luzon, a traditional center of agrarian unrest where landed elite
and Marcos allies were not as numerous as in other parts of the country. In the country
as a whole, however, the program was generally considered a failure. Only 20 percent
of rice and corn land, or 10 percent of total farm land, was covered by the program,
and in 1985, thirteen years after Marcoss proclamation, 75 percent of the expected
beneficiaries had not become owner-cultivators. In fact, as Marcos searched for ways
to maintain power, he abandoned his initial impetus for agrarian reform and switched
to favoring an industrial and agricultural elite.[143]
Alberto Vargas. March, 2003. The Philippines Country Brief: Property Rights and Land Markets. Land
Tenure Center, University of WisconsinMadison.
[144]
Ibid.
[145]
Ibid.
55
however, were left to be determined by the new Congress, the majority of whose
members were connected to landed interests. [146]
1. Agrarian Reform Legislations and Issuances Passed under this
Administration[147]
i.
ii.
iii.
iv.
v.
____________________
[146]
Alberto Vargas. March, 2003. The Philippines Country Brief: Property Rights and Land Markets. Land
Tenure Center, University of WisconsinMadison.
[147]
56
The Comprehensive Agrarian Reform Program (CARP) which was instituted in Act
No. 6657 declares two objectives in its title: to promote social justice and to promote
industrialization. Section 2 of the Act is more specific by pronouncing: The welfare of
the landless farmers and farm workers will receive highest consideration to promote
social justice and to move the nation toward sound rural development and
industrialization. To this end a more equitable distribution and ownership of land shall
be undertaken to provide farmers and farm workers with the opportunity to enhance
their dignity and improve the quality of their lives through greater productivity of
agricultural lands.[148] This statement confirms the attention placed into the issue of
land redistribution to alleviate rural poverty and unrest.
2. Other Accomplishments of the Aquino Administration[149]
Other Accomplishments of the Aquino Administration in the implementation of
the agrarian reform program. Grants and budgetary support from official development
assistance (ODA) circles poured in during this administration. Various sectors likewise
recognized agrarian reform as a worthwhile social investment. In terms of the tenanttiller status, this improved particularly those within landowners retained areas or on
landholdings subject for coverage.
Its during this administration that the present adjudication system was
introduced. This gave DAR, the original and exclusive jurisdiction over agrarian disputes
as quasi-judicial powers. Also, livelihood and agro-industrial projects promoted and
program of support services were intensified to help farmer beneficiaries become
productive and transform them into entrepreneurs. This administration received much
support and active involvement in program implementation from key stakeholders such
as peoples organization, farmers association, NGOs and from prominent landowners.
____________________
[148]
Meliczek, H. Issues and problems related to impact assessment of agrarian reform programmes: the
Philippines case. (In: Agrarian reform, land settlement and cooperatives = Reforme agraire, colonisation et
cooperatives agricoles = Reforma agraria, colonizacion y cooperativas, 1/2, 1999, p. 62-75)
http://www.fao.org/WAICENT/FAOINFO/SUSTDEV/LTdirect/landrf.htm
[149]
57
[151]
This is based on the assessment in the Medium-Term Philippine Development Plan 1999-2004.
58
agenda. Also, the CARP bureaucracy had to be motivated further for more successful
results and its partnership at the provincial level with various government and nongovernment organizations, local government units, farmer beneficiaries, landowners,
legislature, media and the academe has to be enhanced. [152]
1. What was done to facilitate land distribution?[153]
Guidelines and procedures were formulated to facilitate acquisition and
distribution of lands to wit:
i.
ii.
iii.
iv.
v.
vi.
____________________
[152]
This is based on the assessment in the Medium-Term Philippine Development Plan 1999-2004.
[153]
59
viii.
ix.
____________________
[154]
Celia M. Reyes. Impact of Agrarian Reform on Poverty. Philippine Journal of Development, Number
54, Volume XXIX, No. 2, Second Semester 2002
[155]
Ibid.
60
technology and management support while the farmers will contribute, at most, the
use of their land itself.[156]
1. Objectives of the MAGKASAKA?[157]
i.
ii.
To Enhance the income of the farmers through joint venture schemes and
contract growing schemes. The program shall enable farmers to be more
efficient and globally competitive.
Another major step was the intensification of the delivery of support services
and social infrastructure to boost incomes of ARBs. It also prioritized the improvement
and protection of the tenure status of stakeholders and the promotion of agriindustrialization in CARP areas through joint ventures, corporatives, contract farming
and other types of production and marketing arrangements. It also aimed for the
completion of land parcel mappings covered by collective Certificate of Land Ownership
Awards (CLOAs).[158]
2. What were the other accomplishments of this administration regarding
CARP?[159]
This administration saw the urgency of land distribution, and believed that it can
be served if it is built on farmers capacities to pursue their own development. One of
the first things this administration did was to 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 land occupations by working with farmer claimants, the LGU
and government security forces.
____________________
[158]
Celia M. Reyes. Impact of Agrarian Reform on Poverty. Philippine Journal of Development, Number
54, Volume XXIX, No. 2, Second Semester 2002
[159]
61
To help speed up litigation, DAR also helped set up the agrarian justice fund for
farmer beneficiaries as well as DAR field workers who, due to the 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.
It has forged alliances among countries implementing 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 DARs profile both in national and international fora. With this, DAR was able
to secure a seat in the annual consultative group meeting between the Philippiness
economic management team and the donor community. This period also, launched the
DAR-DA-DENR convergence initiative.
The Estrada administration also focused on the strengthening of the databases
of the implementing agencies, i.e.. DAR and DENR on the location of lands to cover and
on the potential beneficiaries of CARP. It also promoted the use of market-based
instruments in land distribution such as progressive agricultural land tax and direct land
transfer. Lastly, the Estrada administration pursued to accelerate the resolutions of
agrarian-related cases.[160]
Celia M. Reyes. Impact of Agrarian Reform on Poverty. Philippine Journal of Development, Number
54, Volume XXIX, No. 2, Second Semester 2002.
[161]
62
iii.
iv.
with
AR
stakeholders,
particularly
peoples
organizations,
____________________
[162]
[163]
Ibid.
63
ii.
iii.
iv.
____________________
[164]
[165]
Ibid.
64
ii.
iii.
iv.
v.
vi.
____________________
[166]
65
ii.
iii.
iv.
____________________
[167]
66
Is Agrarian reform a Failure in the Philippines? An Assessment on CARP. Limits of Good Governance
in Developing Countries.
[169]
Ibid.
[170]
William H. Overholt. Agrarian reform in the Philippines. Asian Survey, Vol. 16, No. 5 (May, 1976)
67
William H. Overholt. Agrarian reform in the Philippines. Asian Survey, Vol. 16, No. 5 (May, 1976)
[172]
Is Agrarian reform a Failure in the Philippines? An Assessment on CARP. Limits of Good Governance
in Developing Countries.
[173]
[173]
Ibid.
[174]
Ibid.
[175]
Ibid.
68
____________________
[176]
[177]
Ibid.
[178]
Ibid.
[179]
Ibid.
[180]
Ibid.
69
[182]
Ibid.
[183]
Ibid.
[184]
Ibid.
70
[186]
Ibid.
[187]
Ibid.
[188]
Ibid.
71
Program.[189]
This administration is also credited in heightening agrarian case resolution by
introducing a quota system to compel adjudicators to work faster on agrarian cases and
train farmers into paralegals.[190]
[190]
Ibid.
[191]
Focus on the Global South (with the Save Agrarian Reform Alliance), The State of Agrarian Reform
Under President Benigno Aquino IIIs Government: Beyond the Numbers: A struggle for social justice and inclusive
rural development, (Focus on the global south-Philippines: Quezon City. 2013.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
72
____________________
[192]
Eduardo Climaco Tadem. May 2015. Philippine Agrarian Reform in the 21st Century. Land grabbing,
conflict and agrarianenvironmental transformations: perspectives from East and Southeast Asia. An international
academic conference 56 June 2015, Chiang Mai University Discussion Note No. 2.
[193]
Ibid.
73
Eduardo Climaco Tadem. May 2015. Philippine Agrarian Reform in the 21st Century. Land grabbing,
conflict and agrarianenvironmental transformations: perspectives from East and Southeast Asia. An international
academic conference 56 June 2015, Chiang Mai University Discussion Note No. 2.
[196]
Alberto Vargas. March, 2003. The Philippines Country Brief: Property Rights and Land
Markets. Land Tenure Center, University of WisconsinMadison
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
74
redistribution
for
beneficiaries:
these
include
gains
in
costly
distortions
to
incentives.
The
combination
Nobuhiko Fuwa. May, 2000. Politics and Economics of Agrarian reform in the Philippines
75
IX. RECOMMENDATIONS
a. PRINCIPLES OF GENUINE AGRARIAN REFORM[198]
1. Land to the Tiller Principle
Land is a limited resource and the utilization and ownership of land is endowed
with a social function, that of ensuring a safe and sufficient supply of food for the
population. To make the land more agriculturally productive and more economically
viable, land ownership must be limited to those who directly toil on land. Absentee
land owners extract their share from the fruits of the land by virtue of mere ownership
even without directly contributing to agricultural production.
2. Preferential Treatment for the Marginalized and the Oppresed
Agrarian reform will not happen in a neutral and sterile environment. The
essence of agrarian reform is to redress social injustices and dismantle structures of
inequity and subjugation. The landlords class will employ all the means at their disposal
to oppose agrarian reform. More often than not, it is the peasant who fall prey to the
harassments and violence of the landlords. It is, therefore, imperative that the State
must give preferential treatment to the peasants. It is the responsibility of the State to
protect the peasants lives, properties and peaceful possession and cultivation of the
land. The landlords have all the means to protect and advance their interests.
3. Comprehensive Coverage
History shows that agrarian reform will never be effective in making a dent on rural
poverty and underdevelopment if the coverage of the program or law is limited to
certain types of land under certain type of tenurial arrangements and certain crops.
The coverage of the agrarian reform program must truly include all public and public
agricultural lands and all suitable for agriculture regardless of crops planted and
____________________
[198]
AKBAYAN. Agrarian Reform. History of the Agrarian Reform Struggle. Historical Roots of Landlessness
and Rural Poverty. A Struggle for Social Justice: An Imperative for Development.
Banez | Bosantog | Cubuan | Dogaon | Poking
Subject Agrarian Law and Social Legislation
Professor: Atty. Jennifer N. Asuncion
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tenurial arrangements.
4. Just Compensation: Progressive and selective
Traditionally, just compensation is determined by a mix of factors including the
land valuation in the tax declaration of the landowner, the fair market value of the
land and other factors. However, if agrarian reform is to be a process that will lead to
a more equitable distribution of wealth and resources, progressive compensation must
be a key element in determining just compensation. Progressive compensation means
that just compensation per hectare will depend on the total size of the landholding.
The larger the landholding, the cheaper the hectare.
Since the history of landownership in the Philippines is full of stories of landgrabbing, injustices and fraud, these too have to be factors in selecting which
landholdings deserve just compensation. Landholdings found to be acquired through
fraud and other unjust means should not qualify for just compensation. Compensating
for the land acquire through fraud and unjust means is in itself unjust.
5. Affordable Amortization
Agrarian reform is a means to lift the peasant from poverty. Therefore, a major
consideration in determining the payment of the farmers for the land is that they are
poor in the first place and may not be able to afford the price of the land at market
value. It is therefore imperative to treat the valuation of the land for determining just
compensation for landlords as separate from the value of the land in determining the
payment of beneficiaries. Affordability and the ability of the farmers to pay the
amortization should be a major factor in determining the amount to be paid. In order
for this to be possible, government subsidy in land acquisition and distribution is
essential.
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6. Popular participation
Agrarian reform farmers should not be treated as mere beneficiaries who will
only wait for the land to be granted to them. Peasant participation is an essential and
necessary component of agrarian reform implementation.
7. Collective Farming and Cooperative-building
Because of the lack of adequate capital and for purposes of efficiency, collective
farming and cooperative-building are to be encouraged. Through collective farming,
cooperative agricultural capital may be pooled. Individual farmers can collectively own
farm machinery and other farm implements and post-harvest facilities. They can also
have access to agricultural inpits which may be cheaper if purchased by bulk. Access
markets mal also be more cost-effective agricultural produce is collectively marketed.
8. Support Services
Land distribution will not be enough to lift the peasants from poverty. Given the
present rural underdevelopment and unfair trade promoted by neoliberal globalization,
support services from the government are essential in ensuring that the farmers can
develop the land and make their farms viable. Support services include the provision of
access to adequate credit facilities assistance, appropriate technology, and technical
and training support. It is only through the provision of appropriate support services
that the productivity and income from the land can be maximized. Ensuring the viability
of the farms will prevent land reconsolidation in the hands of the elite.
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X. CONCLUSION
The issue of land distribution and agrarian reform was never been resolved and
will continue to be one of the main issues for the Philippine government in the near the
future and to the ages to come. Hence, it is important that the agrarian reform program
be handled with care so that the agrarian laws will become mature as soon as possible.
Since the history of landownership in the Philippines is full of stories of landgrabbing, injustices and fraud, these too have to be factors in selecting which
landholdings deserve just compensation. Landholdings found to be acquired through
fraud and other unjust means should not qualify for just compensation. Compensating
for the land acquired through fraud and unjust means is in itself unjust.
The essence of agrarian reform is to redress social injustices and dismantle
structures of inequity and subjugation. It is the peasant who fall prey to the
harassments and violence of the landlords. Therefore, it is imperative that the State
must give preferential treatment to the peasants. It is the responsibility of the State to
protect the peasants lives, properties and peaceful possession and cultivation of the
land.
The government should view agrarian reform farmers as an investment in favor
of the countrys national development and economic growth. They should not be
treated as mere beneficiaries who will only wait for the land to be granted to them.
Support services from the government are essential in ensuring that the farmers can
develop the land and make their farms viable. Such services include the provision of
access to adequate credit facilities assistance, appropriate technology, and technical
and training support.
It is only through the provision of appropriate support services that the
productivity and income from the land can be maximized. Ensuring the viability of the
farms will prevent land reconsolidation in the hands of the elite. In order for this to be
possible, government subsidy in land acquisition and distribution is essential.