Brief historical background of agrarian reform

Brief historical background of agrarian reformCHAPTER 17This chapter presents the history of the Philippine land and agrarian reform What is agrarian Reform? Government- initiated or government backed redistribution of agricultural land Why is this chapter important?To know the history of the agrarian reforms in the country to be more aware of the problem of land redistribution.Why is this chapter important?To understand the present CARP (Comprehensive Agrarian Reform Program)CARPThis is a law that aims to stabilize the imbalanced landownership arrangement brought about by the oppressive colonial regimes and past governments land laws and policies.Pre-Spanish eraPre-Spanish eraLand was not distributed during the pre-colonial period in the Philippines. The notion of private property was unknown until the Spanish era.Pre-Spanish erathe land was communal.

Pre-Spanish eraHistorical Records during this period remain virtually non-existent.Pre-Spanish eraNevertheless, there are historical accounts that show these following types of land patterns in the Philippines:

Pre-Spanish eraHistorical accounts:1.Those who engaged in shifting cultivation regarded all land as their public domain.

Pre-Spanish eraHistorical accounts:2. A rudimentary form of private ownership was followed by those who practiced a type of sedentary culture.

Pre-Spanish eraHistorical accounts:3. The pre-Spanish social classes determined the landownership system.

Pre-Spanish eraPractices of land ownership system:1. The nobles were free from paying tributes, and could own land and pay few exactions to the chief, although they were responsible to fight for the latter in times of inter-barangay warfare.

Pre-Spanish eraPractices of land ownership system:2. The freemen were entitled to cultivate certain lands, but were required to pay an annual fee of one-half of the yield of their crops to the datu.

Pre-Spanish eraPractices of land ownership system:3. The dependents simply served the datus. They were owned by the datus and could be sold or traded.

Pre-Spanish eraAt the close of the pre-Spanish era, the Filipinos were highly scattered into small groups and were ruled by powerful chieftains who claimed the best arable agricultural lands.

Pre-Spanish eraThe nobles who engaged in farming paid tribute to the datus. Thus, during the Spanish regime, land titles were issued to secure the Filipinos of their landholdings.

Spanish period (1521-1898)Spanish period One of Legazpis major policies was to recognize all lands as part of public domain, regardless of local customs (PH)Spanish period Communal ownership of land gradually disappeared Spanish period Private property was introduced Spanish period Ecomienda system introducedlands as reward to Spanish officials and friars Spanish period Intermarriage gave birth to a new class known as MestizosSpanish period The Cacique system became more oppressive brought about uprisings from agricultural areas such as Central Luzon. The major sources of conflict or rebellion were tribute (tribute), polo (forced labor) and encomienda (land grant).

Spanish period The Spanish government issued a decreto realengo (royal decrees) which urged landowners to secure a legal title of their lands since the Spaniards did not levy a land tax or cedula (head tax) and only few records of land ownership were kept.Spanish period The Maura lawissued in 1894 granted landholders 1 year to secure a legal title to the land or suffer its forfeitureSpanish period The landowners took advantage of the ignorance of the Filipino peasants by arrogating peasant lands adjacent to their own holdings. Hence, most Filipino landed peasants ended up as tenants in their own lands.

Spanish period Other strategies of dispossessing peasants of their landholdings:outright purchases of real estates at low prices by a Spaniard or a caciqueand Pacto de Retroventa (similar to todays pagsasangla). Spanish period One means of keeping mortgaged lands: imposing high interest rates for loans. Spanish period Friar Lands Land related conflict in the 19th century the Dominican, Augustinian, and recollect orders were given large tracts of land tenants (aka inquilinos) paid a tax called canon to the friars

Spanish period Friar Lands one of these tenants was Don Francisco Mercado, Rizal's father the most extensive friar holdings were located in Cavite, Laguna, Rizal, and Bulacan

Spanish period Friar Lands Total acres of land in Philippines during the said time: 73,000,000 Privately owned: 5,000,000 acres Total extent of religious corporations' property (friar land holdings): 403, 000 acres

Philippine revolutionary government (1898-1899)Philippine revolutionary government After the establishment of the First Philippine Republic in 1898, the Emilio Aguinaldo administration declared its intention to confiscate large estates, especially the friar lands.

Philippine revolutionary government Malolos Constitution all estates and properties possessed by the religious corporations shall be restored to the Philippine state as of May 24, 1898.

Philippine revolutionary government During this period, there were 4 classes of estate-proprietors:Religious ordersSpanish officials and proprietors Mestizos Principalia ( ruling class)

Philippine revolutionary government Their questionable ownership and continued possession of large estates aroused the interest of the land deprived native farmers. This became a predisposing factor of the 1898 Philippine revolutionPhilippine revolutionary government the Aguinaldo government believed that it had the authority to reclaim these questionable lands.Philippine revolutionary government By the end of the Spanish era, the friars possessed about one-fifteenth of the land under cultivation.Philippine revolutionary government The largest of the friar hacienda was in Calamba with 16,414 hectares, and the next largest was in Pandi with 9,303 hectares.Philippine revolutionary government Unfortunately, the revolutionary movement was cut short and the Aguinaldo government was aborted with the capture of Aguinaldo by the American Soldiers headed by Col. Frederick Funston at Palanan, Isabela.American rule (1898-1935)American rule Americans, initially considered by Filipino revolutionists as liberators from the Spanish Colonial RuleAmerican rule Treaty of Paris December 10, 1898Spain ceded the Philippines, Guam and Puerto Rico to the United States of America.

American rule Unscrupulous big landowners were able to wrest control of the land away from small landholders so much that a number of caciques kept and even further strengthened their positions under the Americans. American rule Land disputes resurfaced and Agrarian troubles worsenAmerican rule Torrens land of Registration system of land title registration in thePhilippines, rendersindefeasibleproof of ownership to those who are included in the register. Land ownership is transferred through registration of title instead of using deeds. It's main purpose is to simplify land transactions and to certify to the ownership of an absolute title to realty.American rule Torrens land of Registration did not solve the problem, where majority of the farmers werent able to avail anything from this system.American rule Torrens land of Registration Increase of tenancy rate and a decrease of land ownership by Filipino farmers.Land related laws that was introduced by the US to the PhilippinesLand lawsThe Registration Act of 1902 sought to determine the extent of private landholdings in the country. Landlords expanded their landholdings by simply registering and acquiring Torrens titles to untilled lands. Land lawsThe Public Land Act of 1903 offered plots not exceeding 16 hectares to families who had occupied and cultivated the land they were residing on since August 1, 1898. This law was supposed to favor the landless Filipinos, but in reality, they did not take advantage of it because they were not aware of the said law.Land lawsThe Cadastral Act of 1903 required cadastral surveys for new land titles. The government classified the lands as private or public.Land lawsThe Friar Lands Act of 1904 This act specifically stated that the preference to buy or lease would be given to the actual settlers of the land acquired by the government. Land lawsThe Friar Lands Act of 1904 By 1919, about 69% of all Friar lands were bought and disposed by the U.S civil government in the PhilippinesReligious orders remained the biggest landholders in the country until 1977Land lawsFriar Lands Act failed because not all friar lands were purchased and most of the lands bought went back to tenancy.Selling price was beyond the reach of the occupant; there were no credit facilities available for the poor farmers.

Land lawsThe demand for export crops motivated the landed or hacienderos to acquire more lands, intensify production and exploit the peasants. Tenancy worsened and persisted.GROUP 213, Casia, Kloie18, Hernandez, Benjhu22, Lipatan, Jethro27, Naoe, Jemavel29, Pineda Christine

34 Sabando, Kurt35, Saclausa, Trisha39, Saquilayan, Sophia40, Sibug, Joshua