Feudalism in the Philippines

foraging farming

hunting

Feudalism!

merchants

agricultural workforce

plague

yo

SPANISH POLITICAL = STRUCTURE

Encomienda System
EUROPEAN FEUDALISM

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 rights and land markets

Effects: Tenure insecurity Low investments in land Land degradation Poor agricultural production

Department of Environment and Natural Resources

Responsibility:
Land Administration

Main Objectives:
Improve service delivery Reduce red tape and corruption in registration of land transactions

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 transaction registrations Legal Reform Property Valuation and Taxation Improving Service Standards in Land Administration

Department of Agrarian Reform

Responsibility :
Agrarian Reform

Main Objective:
Reduce land inequality primarily in rural areas

AGRARIAN REFORM
Themes to which agrarian reform contributes positively
promotion of macroeconomic stability and equitable growth acceleration of environmentally sustainable rural development with social equity

Comprehensive Agrarian Reform Program (CARP)

Options for Reform:

beneficiaries are given large enough areas beneficiaries have access to sufficient inputs

RA 6657: Comprehensive Agrarian Reform Program

Passed by the Congress on June 10, 1988 Focus:
Industrialization in the Philippines Social Justice

Objectives of the CARP

Land distribution among farmers Political stability

Equality of opportunities, income and wealth

Enhance agricultural production/productivity Provide employment to agricultural workers

GENUINE AGRARIAN REFORM ACT OF 2010

House Bill 374

(Genuine Agrarian Reform Act of 2010)
Criticizes the ineffective duty of the Comprehensive Agrarian Reform Program
Supported by Anakpawis, Bayan Muna, Gabriela Womens Party, Kabataan Party list and ACT Teachers Party list Focus:
social justice liberation from feudal bondage land to the landless.

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

 Agrarian disputes are settled in the trial courts in accordance 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 disputes concerning farmworkers associations or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of such tenurial arrangements

Case files

Case files

Case files 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 second largest sugarmill the country

Case files 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 subjected to land reform, the remaining 2000 ha. declared non-agricultural

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 of 5,700 Luisita workers went on a strike from Nov. 11, 2004 to Dec. 8, 2005

Case files 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 the said hacienda were massacred No arrests were made

Case files DAR cancelled Stock Distribution Agreement May 2006

Presidential Agrarian Reform Council junked 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.

- 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 of Property 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

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 agricultural production. Thus, secure property rights are an enabling factor in improving the investment climate, natural resources management, urban land management, and decentralization, as well as in promoting good governance.

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

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, and natural 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.

LOCAL GOVERNMENT AGENCIES

The 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).

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.

Gantuangco Family
- showed tax declaration of the land

Farmers
-cultivated the land (once a forest) -resided for more than 50 years

ACTIONS OF THE TWO LOCAL GOVERNMENT AGENCIES

DENR (Department of Environment and Natural Resources) - The land is registered as public domain

DAR (Department of Agrarian Reform) - Dependent on the decision of DENR - CARP is applied when it is owned by a landlord - No responsibilities on land distribution

Recommendations

focus on education

protection of farmers protection of environment

get government support

support for the farmers support on human rights

populist land reform transformational reform

Its not yet over!

But the truth is

We may think the dictatorship is over