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)

process of redistributing land from the landlords to tenant-farmers

Is part of agrarian reform

LAND REFORM

total development of the farmer’s economic, social and political transformation

rectification (modification) of the whole system of agriculture.

done by the governmentSecurity of tenure and fair

system of rental paymentsAdequate creditCooperative marketing

Agricultural investment

AGRARIAN REFORM

PRE-SPANISH (PRE-COLONIAL)

SPANISH PERIOD (1521-1898)

Maura Law (1894 decree): granted landholders to secure

legal title to their land or 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 SystemIf the peasant-borrower failed

to repay the creditor, his land would be forfeited.

STRATEGIES OF DISPOSSESING LANDS:

Tribute (taxes)Polo (forced labor)Encomienda (land grant)

AMERICAN PERIOD (1898-1935)

1)Torrens System of Land Registration

2)The Land Registration Act of 1902

3)The Public Land Act of 19034)The Cadastral Act of 19035)The Friar Lands Act of 1904

TO RESOLVE AGRARIAN PROBLEMS:

Enforcing the registration of lands and issuance of certificates of land title granted by the court after appropriate proceedings.

Torrens System of Land Registration

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.

The Land Registration Act of 1902

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.

The Public Land 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.

The Cadastral Act of 1903

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

The Friar Lands Act of 1904

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

COMMONWEALTH ERA (1935-46)

Hukbo ng Bayan Laban sa Hapon (HUKBALAHAP)Took upon the cause

of peasants against the landlords, who often collaborated with the Japanese to maintain their position

SECOND PHILIPPINE REPUBLIC: JAPANESE OCCUPATION (1941-45)

Also proclaimed the Rice Share Tenancy Act of 1933

Provided a 70-30 sharing arrangements and regulated share-tenancy contracts

ROXAS ADMINISTRATION (1946-48)

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

QUIRINO ADMINISTRATION (1948-53)

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

MAGSAYSAY ADMINISTRATION (1953-57)

did not make any law or major pronouncements on agrarian reform

GARCIA ADMINISTRATION (1957-61)

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.

MACAPAGAL (1961-65)

Implemented the Agricultural Land Reform Code of Macapagal

No Agrarian Law was made

MARCOS (FIRST TERM, 1965-69)

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)

MARCOS (SECOND TERM, (1969-73)

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

MARTIAL LAW (1972-81)

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

AQUINO (86-92)

Covers all lands (public and private) as long as they are fit for any agricultural activity

COVERAGE OF CARP (EXEMPTIONS)

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

BENEFICIARIES OF CARP

30 ANNUAL AMMORTIZATIO

N AT 6% INTEREST RATE

PER ANNUM!

CERTIFICATE OF LAND

OWNERSHIP AWARDS (CLOAS)

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 hectares30% cash and 70% government bonds for

above 24 – 50 hectares35% cash and 65% government bonds for 24

hectares and below.Payments are made in 10 years at 10%

interest per annum.

LAND ACQUISITION

TLV = MV + AMV + DV 3

TLV: total land valueMV: 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 declarationIn no case this declaration shall not exceed 200% of the

average of the MV and AMV

COMPUTATION ON THE VALUE OF THE LAND:

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

RAMOS (92-98)

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

Magkabalikat para sa Kaunlarang Agraryo (MAGSASAKA)encourage foreign investments to the agricultural sector and help farmers to learn advanced technology in crop production.

ESTRADA (98-01)

6 million out of the 8.1 million hectares of public lands targeted for distribution were actually distributed.

Signing of the Comprehensive Agrarian Reform Program Extension and Reforms (CARPER)Extended the CARL to five more

years and allocated more funds for the implementation of the CARP.

CARP will continue even when all landless farmers have owned a piece of agricultural land

CLEAR POLICY AGAINST CONVERSION OF AGRICULTURAL LANDS

ARROYO (01-10)

INFRASTRUCTURES OF CARP

FARM TO MARKET ROADS IRRIGATION SYSTEM

FLOOD CONTROL PROJECTS

Open and Voluntary Membership

PRINCIPLES OF COOPERATIVES

DEMOCRATIC CONTROL

PRINCIPLES OF COOPERATIVES

LIMITED INTEREST IN CAPITAL

PRINCIPLES OF COOPERATIVES

EDUCATION, TRAINING, AND INFORMATION

PRINCIPLES OF COOPERATIVES

By adopting the proper means, man may by degrees be trained to live in any part of the world without poverty, without crime, and without punishment

FATHER OF COOPERATIVE MOVEMENT

Workers could solve their problems only by

revolutionary action

associations of workers financed by the state and controlled by the workers

Theory of Four Movements (Fourierism) – belief in a universal principle of harmony (universe, organic life, animal life, human society)

harmony can flourish only when the restraints that conventional social behavior places upon the full gratification of desire have been abolished, allowing people to live free

1) Credit Cooperatives2) Consumer’s

Cooperatives3) Producer’s

Cooperatives4) Marketing Cooperatives5) Service Cooperatives6) Multi-purpose

Cooperatives

TYPES OF COOPERATIVES

CREDIT COOPERATIVES

COMMON FUND

CONSUMER'S COOPERATIVES

Pooling of resources together in order to procure and distribute commodities to members and non-members at low prices.

PRODUCER'S COOPERATIVE

production, procuring raw materials and other supplies in the production processes and marketing the products individually produced by the members.

MARKETING COOPERATIVES

Its functions are processing, packing, storing, financing, grading, and distributing other than the actual selling of farm products

SERVICE COOPERATIVES