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Report on Feudalism

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    Feudalism in the

    Philippines

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    Philippines

    foraging

    hunting

    farming

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    Feudalism!

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    agriculturalworkforce

    merchants

    plague

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    yo

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    SPANISH

    POLITICALSTRUCTURE

    EUROPEAN

    FEUDALISM=

    EncomiendaSystem

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    Land as an Asset for Rural and Urban Poor

    Land is a means of generating a livelihood Main medium for earning and investment

    Core problem of the land subsector in the Philippines

    Inefficient and inequitable property rightsand land markets

    Effects: Tenure insecurity

    Low investments in land

    Land degradation

    Poor agricultural production

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    Department of Environment and

    Natural Resources

    Responsibility:

    Land Administration

    Main Objectives: Improve service

    delivery Reduce red tape

    and corruption inregistration of landtransactions

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    LAND ADMINISTRATION

    Status of LA in the Philippines

    One of the most inefficient in the world

    Land Administration and Management Program(LAM)

    Options for Reform:

    Institutional Reform to simplify transactionregistrations

    Legal Reform

    Property Valuation and Taxation

    Improving Service Standards in Land Administration

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    Department of Agrarian Reform

    Responsibility :

    Agrarian Reform

    Main Objective:

    Reduce land

    inequality primarily in

    rural areas

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    AGRARIAN REFORM

    Themes to which agrarian reform contributespositively

    promotion of macroeconomic stability and equitablegrowth

    acceleration of environmentally sustainable ruraldevelopment with social equity

    Comprehensive Agrarian Reform Program (CARP)

    Options for Reform:

    beneficiaries are given large enough areas

    beneficiaries have access to sufficient inputs

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    RA 6657: Comprehensive

    Agrarian Reform Program

    Passed by the Congress

    on June 10, 1988

    Focus:Industrialization in the

    Philippines

    Social Justice

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    Objectives of the CARP

    Land distribution amongfarmers

    Political stability

    Equality of opportunities,income and wealth

    Enhance agriculturalproduction/productivity

    Provide employment toagricultural workers

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    GENUINE AGRARIAN REFORM

    ACT OF 2010

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    House Bill 374(Genuine Agrarian Reform Act of 2010)

    Criticizes the ineffective duty of theComprehensive Agrarian Reform Program

    Supported by Anakpawis, Bayan Muna, GabrielaWomens Party, Kabataan Party list and ACTTeachers Party list

    Focus: social justice

    liberation from feudal bondage

    land to the landless.

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    Objectives of House Bill 374

    Present an alternative agrarian

    reform program

    Enable state to gather political will to

    combat land monopoly and foreign

    control

    Free land distribution to farmers

    Adequate support services to raise

    productivity, income and living

    standards of farmers

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    Agrarian disputes are settled in the trial courts inaccordance with Chapter XIII of Republic Act No.6657, Sections 54-62

    What are agrarian disputes?

    any controversy relating to tenurial arrangements over

    lands devoted to agriculture, including disputesconcerning farmworkers associations or representation ofpersons in negotiating, fixing, maintaining, changing orseeking to arrange terms or conditions of such tenurialarrangements

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    Case files

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    Case files

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    Owner: Conjuangco Family

    Location:

    at the boundaries of three m

    major municipalities of Tarlac

    (1) Tarlac City, (2) Concepcion and (3) La Paz

    Composed of: 10 barangays (villages)

    Central Azucarera de Tarlac (CAT), the secondlargest sugarmill the country

    Case files

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    Subjected to land reform in

    1989

    Land reform scheme: SDP (Stock Distribution Plan)

    only stock certificates instead of actual land parcels

    were distributed

    Only 4,915 ha. of the hacienda was subjectedto land reform, the remaining 2000 ha.

    declared non-agricultural

    Case files

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    Case files

    Farmers petitioned revocation

    of SDP after 16 years of

    no improvement in their livelihood

    Reasons:

    take-home pay went to as low as P9.50 a week

    unfair labor practices

    illegal retrenchment

    A total of5,700 Luisita workers went on astrike from Nov. 11, 2004 to Dec. 8, 2005

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    Nov. 16, 2004

    There was a protest by the

    farmers of Hacienda Luisita for:

    fairer wages increased benefits

    greater commitment for national land reform

    7 of the protesting farmers of thesaid hacienda were massacred

    No arrests were made

    Case files

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    DAR cancelled Stock

    Distribution Agreement

    May 2006 Presidential Agrarian Reform Counciljunked the

    motion of HLI to reconsider the revocation of the

    SDO

    November 2011

    The Surpeme Court ordered the distribution of

    almost 5,000 hectares of land to some 6,000

    farmer beneficiaries of Hacienda Luisita Inc.

    Case files

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    - properties over which a person or group of persons

    has exclusive rights.- owners right holder

    - the capacity to call upon a society to stand behind

    the right holders claim to a benefit stream.

    Responsible for the Recognition and Legitimacy ofProperty Rights

    - State- Enforces and protects property rights of the citizens

    IMPORTANCE OF PROPERTY RIGHTS TO THE POOR

    - Provides not only income stream but also incentives to

    invest in productive technologies and sustainable

    management of the resources for the future

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    LAND PROPERTY-fundamental asset for the rural and urban poor.

    For most poor people, land is:

    - means of generating livelihood

    - vehicle for investing, accumulating wealth, and

    transferring such wealth between generations.

    Tenure insecurity and subsequent low investments in land

    resulted to land degradation and poor agriculturalproduction. Thus, secure property rights are an enablingfactor in improving the investment climate, natural resources

    management, urban land management, and decentralization,

    as well as in promoting good governance.

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    LAND ADMINISTRATION

    Refers to the processes of

    recording and disseminating

    information about the ownership,

    value, and use of land.

    Philippine system is considered one

    of the most complex systems in

    Asia and is consequently plagued

    with:

    - institutional defects

    - inconsistencies

    - corruption

    - unworkable practices

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    1987 Constitution

    Fundamental law which sets the basis of use and

    ownership of land in the Philippines and it recognizes

    three (3) types of tenure

    1. Ancestral Lands

    - Comprise forestlands, inland waterways, coastal areas, andnatural resources above and below the land.

    2. Public Lands- alienable or disposable (agricultural, residential, commercial,

    industrial, educational, charitable and other similar purposes),

    forests, mineral lands, and national parks.

    - the state is the owner of public lands.

    3. Private Lands- satisfies conditions for private ownership.

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    LOCAL GOVERNMENT AGENCIESThe institutional setting for land administration and management

    is characterized by these two (2) common local agencies.

    1. DENR (Department of Environment and Natural Resources)- issuing titles for all government or public land and the land

    alienated through the issuance of patents, decrees and other

    legal instruments.

    2. DAR (Department of Agrarian Reform)

    - Implements the Comprehensive Agrarian Reform Program(CARP) mandated by the Comprehensive Agrarian Reform

    Law (CARL) of 1988 (Republic Act No. 6657) by issuing

    certificates of land ownership awards (CLOAs) to agrarian

    reform beneficiaries (ARBs).

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    DAR (Department of Agrarian Reform)

    most important key implementing agency

    primary objective is to reduce land inequality, primarily in rural

    areas.

    To achieve the goal of equitable land distribution and thereby

    increase productivity and reduce poverty, it will be important that

    the Government accelerate implementation of the CARP.

    - Provision of adequate program funding, particularly for land

    acquisition and credit risk arrangements

    - Ensuring that agrarian reform beneficiaries (ARBs) can improve

    the acquired land in a viable and sustainable manner.

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    Gantuangco Family- showed tax declaration of the land

    Farmers-cultivated the land (once a forest)

    -resided for more than 50 years

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    ACTIONS OF THE TWO LOCAL

    GOVERNMENT AGENCIES

    - Dependent on the decision of DENR

    DENR (Department of Environment andNatural Resources)

    - The land is registered as public domain

    DAR (Department of Agrarian Reform)

    - CARP is applied when it is owned by a landlord

    - No responsibilities on land distribution

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    Recommendations

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    focus on1protection offarmers

    protection of

    environment

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    getgovernment

    support2 support for the

    farmers

    support on

    human rights

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    3populist land

    reform

    transformational

    reform

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    Its not

    yet over!

    We may think thedictatorship is over

    But the truth is


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