AGRARIAN REFORM 413

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Transcript of AGRARIAN REFORM 413

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Land Reform - in the Philippines it is a process of redistributing land from the landlords to tenant-farmers in order that they will be given a chance to own a piece of land to improve their plight.

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Agrarian Reform -goes beyond the question of land rights. It is concerned with the total development of the farmer’s economic, social and political transformation.

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Differences between: -Land reform deals with apportionment of lands - usually transferring lands from upper class owners to the lower classes.

-Agrarian reform deals with general agricultural practice - like introducing crop rotation or mechanization.

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Good Factors of AGRARIAN REFORM: - Fully develop the new farmer-owner to become productive.

- Includes the reform and development of complimentary institutional frameworks such as agencies of the government.

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History of Agrarian Reform A. Pre-Spanish Period - Tribal hunters & gatherers, shifting cultivators, those with sedentary culture, Muslims system(social classes).

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The Different Social Classes:

1.The Nobles- can own their land and free from tribute payment.

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2. The Serfs- they need to cultivate certain lands, and required to pay an annual fee of one-half yield of their crops.

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3. The Slaves- they simply served the datu or the nobles were owned by them. As a result they could be sold or traded.

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B. Spanish Period - Spain declared all lands in the Philippines as a part of public domain. - “Encomienda system” Under the empire of Spain. - “cacique class” - “Kasama System” Leased portion of their landed.

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Because of the oppressive practice s of the cacique occasional rebellions occurred during 18th century in central Luzon.

Among causes were:1.Enforced labor2.Relatively heavy head tax3.Required church and government contributions.

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C. American Period - 1903 to 1938 increase in tenancy rate and land ownership decreased. - the land was subdivided for sale to the Filipinos residing on it. 1938, church still controlled an estimated 41, 782 hectares. - Homesteading - “sakdalista” movement (1930) Benigno Ramos, a former official who opposed Quezon.

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•Pedro Abad Santos almost won against the candidate of pampango landlords.

• he espoused the idea of expropriation of the religious and public estates and their subdivisions to the tenant-farmers as the only answer to agrarian unrest.

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• Indeed, the agrarian problem festered for so long a time that the 1935 constitution incorporated a cardinal principle on social justice to insure the well-being and economic security of all the people.

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•To give substance and meaning to this principle, several laws were enacted to protect the working class both in industry and agriculture.

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D. The Present Republic• July 04, 1946 – the need of land reform became pressing.• “HUKBALAHAP” – Hukbong Bayan Laban sa mga Hapon, as an anti-Japanese guerilla movement formed by the peasant farmers of Central Luzon.

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• 1946, Pres. Manuel Roxas enacted RA. 34 of 1946, providing for a 70-30 crops sharing arrangements and regulating share-tenancy contracts to solve land tenure problems.

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•September 1954 pres, Ramon Magsaysay signed into law RA no. 1199 as amended by RA no. 2263 which allowed for the division of crops.• 1955 the land reform act was enacted.

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• 1963, Pres. Diosdado Macapagal signed into law RA no. 3844 (Agricultural land reform code)• Sept. 21, 1972 Pres. Marcos issued Presidential Decree no. 2 declaring the entire Philippines as land reform area.

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• Oct. 21, 1972 Pres. Marcos issued Presidential Decree no. 27, “emancipating the tenant-farmers from the bondage of the soil.” in one stroke, tenant farmers in all private agricultural; lands primarily devoted to rice and corn were deemed owners of the lands they were tilling.

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•it was a very BOLD step taken toward hastening the full implementation and realization of agrarian reform.

• under the new constitution , the primary governing law on agrarian reform is RA No. 6657, otherwise known as the comprehensive Agrarian Reform law of 1988.

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Resistance in the Implementation of Agrarian Reform

There are numerous objections to agrarian reform, especially those voiced by the landowning class affected by its implementations. Some objections are:

1.Fragmentation of farm-holdings – big land-holdings is divided among tenat-farmers into a family size and which is three (3) hectares.

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2. Small farms become less productive- in the micro-level;, the farmers become more productive. The farmers can rely on their products from daily subsistence. However, in the macro level, the people will suffer because there will few production for national assumptions.

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3. Ineffective government programs –most of the programs initiated by the government on agrarian reforms and cooperatives are ineffective due to inefficiency of the people implementing the program. Farmers were never consulted in the formulation policies.

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4. Agrarian reform failed in the past – for so many centuries, laws, decrees, orders and circulars were formulated to help the farmers. Reforms initiated by the government however, remain to be realized. Failure of the program may be attributed to the ff:

4.1 big land-holdings are owned by elite politicians and relatives;4.2 failure of the government to provide measures that will assist the farmers;4.3 graft and corruption;4.4 lack of unity and cooperation among farmers.

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Pertinent laws of agrarian reform

1.Spanish decree of 1880 – enjoining land holders, whether the caciques or peasants to secure legal title of their lands:2.Spanish decree of 1894 – decree of granting landholders one year to secure legal titles to their land. Failure of the landowners to secure land title will mean forfeiture of their land.

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3. Public land act of July 1, 1902 – this became effective on July 26, 1904 offering homestead ploys not in excess of 16 hectares to families who have occupied and cultivated their tract they were residing on since August1, 1898;

4. Act no. 4045, the rice share tenancy act of 1933 – regulating the tenancy share contracts by establishing minimum standards of 50-50 crops sharing;

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5. Act no. 4113 (the sugar cane tenancy contracts) –an act regulating the relationships of landowners and tenants of sugar land;6. Commonwealth act no. 103 – an act creating the court of industrial relations which settle disputes between landowners and agricultural workers;7. Commonwealth act no. 213 –defined and regulated legitimate labor organizations;

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8. Commonwealth act nos. 178,461 and 608 – a law giving more protection to the agricultural tenants under rice tenancy act;9. Republic act no. 34 & 1946 – provides for a 70-30 crop sharing arrangement and regulating share tenancy contracts;

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10. Republic act no. 1160 of1954 – Establishing the national resettlement and rehabilitation administration to resettle landless residents and other landless farmers;11. Republic act no. 1199 – (THE AGRICULTURAL TENENCY ACT OF 1954) amended by RA No. 2263 allowing the division of crops on the following basis;

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12. Republic act no. 1400 - (land reform act of 1955) creating the land tenure administration and providing for the reduction of large landholdings, resettlement of tenants in areas of abundant lands; securing of land titles and provision of adequate credit facilities for small landholders.;13. Republic act no. 3844 (the agricultural land reform code of 1963) – abolition of share tenancy and the imposition of agricultural leasehold system.

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16. Presidential decree no. 2 –declaring Philippines as a land reform area;17. Presidential decree no. 27 – emancipating the tenants farmers from the bondage of soil;18. Proclamation no. 131 –instituting a comprehensive agrarian reform program;

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14. Republic act 6389( amendments to the agricultural land reform code) – creation of the department of agrarian reform (DAR) to implement the agricultural land reform programs;15. Republic act 6390(agrarian reform special fund act) –created to finance the agrarian reform program of the government;

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19. Executive order no. 229 – providing the mechanism on the implementation of the program;20. Republic act no. 6657( The Comprehensive Agrarian Reform Law of 1988) – an act instituting the CARP to promote social justice and industrialization , providing the mechanism for its implementation and for other purposes.

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“Education is the passport to the future, for tomorrow belongs to those who prepare for it today”

*malcom

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Prepared by:LHOREAINE C. TOLENTINO

Beed IV-generalist

Prepared to:MRS. EMILIA CONQUILLA

Instructor