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LAND REFORM

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LAND REFORM

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  1. Assuming you live in the primitive time of our history. You were a datu of a barangay and you had been in your land of occupation for so many years. When the Spaniards came, they claimed that your land had now been under their custody by virtue of a land title coming from the King of Spain. What will be your measures of justification indicating that you are the right owner of your land? In what instances will your situation have the advantage if your case is subsequently filed on court under the Spanish reign? Explain your answers. (minimum of 8 sentences)

  2. LAND REFORM • process of redistributing land from the landlords to tenant-farmers • Is part of agrarian reform

  3. AGRARIAN REFORM • total development of the farmer’s economic, social and political transformation • rectification (modification) of the whole system of agriculture. • done by the government • Security of tenure and fair system of rental payments • Adequate credit • Cooperative marketing • Agricultural investment

  4. PRE-SPANISH (PRE-COLONIAL)

  5. SPANISH PERIOD (1521-1898)

  6. STRATEGIES OF DISPOSSESING LANDS: • Maura Law (1894 decree): • granted landholders to secure legal title to their landor suffer its forfeiture • Filipino peasants, either because of ignorance of the processes of the law or the inability to comprehend the Spanish-written instructions, failed to respond immediately • Mortgage System • If the peasant-borrower failed to repay the creditor, his land would be forfeited.

  7. Tribute (taxes) • Polo (forced labor) • Encomienda (land grant)

  8. AMERICAN PERIOD (1898-1935)

  9. TO RESOLVE AGRARIAN PROBLEMS: • Torrens System of Land Registration • The Land Registration Act of 1902 • The Public Land Act of 1903 • The Cadastral Act of 1903 • The Friar Lands Act of 1904

  10. Torrens System of Land Registration • Enforcing the registration of lands and issuance of certificates of land title granted by the court after appropriate proceedings.

  11. The Land Registration Act of 1902 • Landlords expanded their landholdings by simply registering and acquiring Torrens titles to untilled lands. • The farmers, unaware of this law, were either expelled by the new landowners or became their tenants.

  12. The Public Land Act of 1903 • Offered plots not in excess of 16 hectares to families who had occupied and cultivated the land they were residing on since August 1, 1898. • Plots of the same size were promised to those who would be willing to relocate on lands of public domain in other less densely populated parts of the country. • The caciques took advantage of this.

  13. The Cadastral Act of 1903 • cadastral survey, the government redefined the lands that will be classified as private or public. • Unschooled peasants lost their lands massively to those who are familiar with the processes of this law.

  14. The Friar Lands Act of 1904 • Provided the terms and conditions on the sale and lease of purchased friar estates of 410,000 hectares • Land estates were offered for sale to the actual tenant-tillers at an interest of 8% for a 25 year period. • By 1919, about 69% of all friar lands had been bought

  15. COMMONWEALTH ERA (1935-46) • the Rice Share Tenancy Act of 1933 • better tenant-landlord relationship, a 50-50 sharing of the crop,regulation of interest to 10% per agricultural year, and a safeguard against arbitrary dismissal by the landlord. • Problem: • could be used only when the majority of the municipal councils in a province petitioned for it. • landowners usually controlled such council

  16. SECOND PHILIPPINE REPUBLIC: JAPANESE OCCUPATION (1941-45) • HukbongBayanLabansaHapon (HUKBALAHAP) • Took upon the cause of peasants against the landlords, who often collaborated with the Japanese to maintain their position

  17. ROXAS ADMINISTRATION (1946-48) • Also proclaimed the Rice Share Tenancy Act of 1933 • Provided a 70-30 sharing arrangementsand regulated share-tenancy contracts

  18. QUIRINO ADMINISTRATION (1948-53) • Objectives of his administration: economic reconstruction and restoration of faith and confidence of the people to the government • He did not make any agrarian reform law • He continued the agrarian reform policy of his predecessor

  19. MAGSAYSAY ADMINISTRATION (1953-57) • The Agricultural Tenancy Act of 1954 • Allowed tenants to shift from share tenancy to leasehold • This act prohibited the ejection of tenants, unless the Court of Agrarian Relations found a just cause. • The Land Reform Act of 1955 • Provided for the expropriation of private agricultural land over 300 hectares of contiguous areas, if owned by individuals. • Problem: • it prohibited the possession of lands less than the stated limits. • Exempted many landowners who had large but parceled out landholdings. • law allowed only the possession of lands when the majority of tenants petitioned for land purchase

  20. GARCIA ADMINISTRATION (1957-61) • did not make any law or major pronouncements on agrarian reform

  21. MACAPAGAL (1961-65) Agricultural Land Reform Code of 1963 • law lowered the retention limit to 75 hectares (on private farmlands) • share-tenancy or the “kasama” system was prohibited. • assured agricultural workers the right to self-organization and to a minimum wage.

  22. MARCOS (FIRST TERM, 1965-69) • Implemented the Agricultural Land Reform Code of Macapagal • No Agrarian Law was made

  23. MARCOS (SECOND TERM, (1969-73) Amendments to the Agricultural Land Reform Code of 1971 • Conversion to residential subdivision as grounds for the ejection of tenants was abolished • Creation of the Department of Agrarian Reform (DAR)

  24. MARTIAL LAW (1972-81) • Presidential Decree No. 2, declaring the entire Philippines as a land reform area • Tenant Emancipation Act • transferred the ownership of the land to the tenants who tilled it • Presidential Decree No. 27 • Landlords who owned more than seven hectares of land had to sell the excess to the DAR, which in turn sells these to the landless farmers tilling the land • exempted all landholdings planted with export crops. • Land Bank of the Philippines as a financing arm

  25. AQUINO (86-92) • Unveiled the Comprehensive Agrarian Reform Program (CARP) which is governed by the Comprehensive Agrarian Reform Law of 1988. • correct landlordism and unjust land distribution in a span of ten years • By: loan extensions, supply of agricultural infrastructures, legal assistance, research and training services • To encourage landowners to shift their capital to other investments • There will be more economic activities that will encourage people to remain the countryside instead of going to Manila or other Urban Centers

  26. COVERAGE OF CARP (EXEMPTIONS) • Covers all lands (public and private) as long as they are fit for any agricultural activity

  27. BENEFICIARIES OF CARP • Regular Farmer that is landless/ tenant and is employed by an agricultural enterprise • Is able to make the soil productive • land to be awarded should not be more than 3 hectares

  28. 30 ANNUAL AMMORTIZATION AT 6% INTEREST RATE PER ANNUM! CERTIFICATE OF LAND OWNERSHIP AWARDS (CLOAS)

  29. LAND ACQUISITION • The DAR publishes its intent to acquire land in local newspapers, and notifies the landowners of the amount which will be offered to him as compensation for the land. • Payment to landowners: • 25% cash and 75% government bonds for above 50 hectares • 30% cash and 70% government bonds for above 24 – 50 hectares • 35% cash and 65% government bonds for 24 hectares and below. • Payments are made in 10 years at 10% interest per annum.

  30. COMPUTATION ON THE VALUE OF THE LAND: • TLV = MV + AMV + DV 3 • TLV: total land value • MV: market value, which refers to the latest and comparable transactions within the municipality/ province/ region • AMV: assessors market value, which refers to the assessment made by the government assessors • DV: declared value, which refers to the landowner’s declaration • In no case this declaration shall not exceed 200% of the average of the MV and AMV

  31. RAMOS (92-98) • speeded up the implementation of CARP. • From January to December 1997, the DAR distributed 206, 612 hectares • since 1987, the DAR had distributed a total of 2.66 million hectares • benefited almost 1.8 million tenant-farmers. • Ramos signed the REPUBLIC ACT NO. 8532- AN ACT STRENGTHENING FURTHER THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP) to amend the CARL. • extending the program to another 10 years. • Allotted P50B to finance the CARP

  32. RA 8435: THE AGRICULTURE AND FISHERIES MODERNIZATION ACT (AFMA)

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