Historically,land-related
remedies extended by past
regimes and administrators
proved to be totally unable to
fulfill the promise of alleviating
the quality of life of the landless
peasants.
The land laws have invariably
contained provisions that
enabled powerful landowners to
circumvent the law, or even use
the law to sustain and further
strengthen their positions in
power.
Pre Spanish
Era
Pre-Spanish Era
Land was not unequally distributed
before the Spaniards came to the
Philippines.
- The notion of private property
was unknown then.
The community (barangay)
owned the land.
Spanish Period
(1521-1898)
Spanish Period (1521-1898)
One of the major initial policies of the
governorship of Legazpi was to
recognize all lands in the Philippines
as part of public domain regardless of
local customs.
As such, the crown was at liberty to
parcel out huge tracts of Philippine
lands as rewards to loyal civilian and
military as rewards.
Spanish Period (1521-1898)
In effect, communal ownership of land
gradually and slowly took the
backseat.
Private
ownership
of
land
was
introduced.
With this arrangement, every municipal
resident was given his choice of the
land for cultivation, free from tax.
Spanish Period (1521-1898)
Large tracts of uncultivated lands not
circumscribed
within
a
given
municipality were granted by the
Spanish
monarch
to
deserving
Spaniards.
This kind of ownership became known
as the encomienda.
Spanish Period (1521-1898)
The encomienda system in the Spanish
colonies began as a result of a Royal Order
promulgated in December of 1503.
By virtue of this Royal Order, encomiendas
were granted to favor Spanish officials and
clerics
who
were
entrusted
the
responsibility to look after the spiritual
and temporal developments of the natives
in a colonized territory.
Spanish Period (1521-1898)
In return for such a duty, the
encomiendas enjoyed the right to
have a share in the tribute (tributo)
paid by the natives.
Legazpi
himself
had
granted
encomiendas to the friars, like the
Agustinians in Cebu and Manila.
Spanish Period (1521-1898)
Almost all the grants that Legazpi
extended to the Spanish officials and
friars were confined to what would
eventually become the provinces of
Cavite,
Laguna,
Batangas,
and
Bulacan.
Spanish Period (1521-1898)
Much later, in place of the encomiendas, the
Spanish authorities began to group
together
several
barangays
into
administration units.
They termed these units as pueblos or
municipios which were governed by
gobernadorcillos.
Together, the cabezas and gobernadorcillos
made up of the landed class known as
caciques (landed class).
Spanish Period (1521-1898)
At the passing of time, the Filipino
caciques intermarried with Spaniards.
This gave such class as mestizo cast
which exists to this day.
Through this enviable position, the
cabezas the gobernadorcillos gained
more and more stature or prestige
with
the
Spanish
civil
and
ecclesiastical authorities, and the
common people.
Spanish Period (1521-1898)
In time, the caciques were given the
prerogative of collecting taxes as
well.
This act vested in them great power.
Certainly, this did not help to endear
them to the ordinary people.
Spanish Period (1521-1898)
Caciquism as an institution became
deeply rooted in Philippine soil. This
paved the way to many present-day
agrarian problems and unrests.
As the cacique system grew, it also
became more oppressive.
This brought about colonial uprisings
during the 19th century, which
tended to occur in the areas with
much agricultural activity such as
Central Luzon.
Spanish Period (1521-1898)
Agrarian-related problems were the
only source of major conflicts during
this time. Land was available in the
entire archipelago.
The major sources of conflict and
rebellion were really the harsh
Spanish impositions, such as: tributo,
polo, encomienda, etc.
Spanish Period (1521-1898)
During the 19th century, several
developments occurred that
solidified the land tenure system,
and aroused antagonism over its
injustices and inequalities.
Spanish Period (1521-1898)
Since the Spaniards did not levy a land
tax or a head tax (cedula), and few
records of land-ownership were kept,
the Spanish government issued two
Royal Decrees: decreto realenga
(1880) and the Maura Law (1894)
These decrees ordered the caciques
and natives, to secure legal title for
their lands or suffer forfeiture.
Spanish Period (1521-1898)
The Filipino peasants, either ignorant
of the processes of the law or of the
Spanish-written instructions, were
just slow to respond.
The landowners (caciques) were
quick to react. They did not only
register their own landholdings but
also took advantage of the ignorance
of the peasants, by claiming peasant
lands adjacent to their own holdings.
Spanish Period (1521-1898)
It was estimated that 400,000
Filipino peasants were left without
titles.
No option was left for those
dispossessed because documented
titles to the land prevailed over
verbal claims.
Hence, most Filipino landed peasants
became mere tenants in their own
lands.
Spanish Period (1521-1898)
The Royal Decree of 1894 (Maura
Law) deprived many Filipino peasants
of their own lands through scheming
and treacherous ways of both
Spaniards and caciques.
Spanish Period (1521-1898)
Other strategies of dispossessing peasants
of their landholdings were:
1. Outright purchase at a low price of real
estates (realenga) by a Spaniard or a
cacique, from a badly-in-need peasants.
2. Mortgage system (pacto de retroventa);
this is equivalent of today’s mortgage
system (sangla).
Spanish Period (1521-1898)
The mortgage system is equivalent of
today’s mortgage system (sangla),
where a landowner who has loaned a
peasant some money becomes this
peasant landlord.
This happened simply because the
system required the land to be
collateral. While the peasant had not
paid back his loan, he paid the
landlord rent for the use of his own
land.
Spanish Period (1521-1898)
Another source of land-related conflict
by the late 19th century was the “friar
lands”. Many farmers questioned the
amount of land in grant given by the
Spanish crown to the religious orders
(i.e.
Augustinians,
Dominicans,
Franciscans, and Recollect Orders).
Tenants (inquilinos) paid tax termed as
“canon” to the friars.