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RAGASA CHLOE DANIELLE R. ACT 12 (1)

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POLYTECHNICUNIVERSITY OF THE PHILIPPINES
Brgy. Zapote, City of Biñan, Laguna
Worksheet for GEED 10033 – Readings in Philippine History
Name: Chloe Danielle R. Ragasa
Course & Year: BSIE 3-1
Score:_______________Date: March 1, 2021
Prof: Dennis R. Estocado
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CONTENT (SUMMARY/IMPORTANT DETAILS)
The Philippine Rice Share Tenancy Act of 1933’s
purpose was to regulate the share-tenancy contract by
establishing minimum standards. Basically, the Act
provided better tenant-lord relationship with a 50- 50
sharing of the crop or harvest, and a standard
regulation of interest kept to 10% per year and it
is composed of 6 parts; Part 1 - Share tenancy contract
in general consisting of sections 1 to 9 discussing the
guidelines in sharing and creating a tenancy contract;
Part 2 – Accounts and their liquidation having section
10 – 15 discussing all the financial matters such as
loans, transparencies and settlement of debts; Part 3 –
Rights and obligations of landlord has
4 sections (16 – 19), in this part it indicated the
responsibility, taxes to pay, behavior that an owner of
the land should follow; Part 4 on the other hand is the
rights and obligations of a tenant, their freedom, case
dismissal, standard of conduct and also the
responsibility as a laborer. Last, Part 5 is the
extinguishing of contract, this is where the guidelines
of putting an end to the contract is discussed.
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EVOLUTION OF THE AGRARIAN REFORM
President Manuel L. Quezon implemented the
Rice Share Tenancy Act of 1933. In 1936, this Act
was amended to get rid of its loop hole, but it did
not carry out and the rural conflict was more
acute. Quezon’s attempt to enforce the said Act
also contributed to later unrest, at his behest
Commonwealth Act No. 178 was passed in
November 1936, amending the section 29 of Act
4054. In January 1937 Quezon proclaimed the
Act to be in effect in 5 Central Luzon provinces
and by 1941 had extended it to 5 more provinces
on Luzon and 2 on Panay. Shortly after President
Osmena returned to the Philippines in 1945, he
and his cabinet gain the support of the Democratic
Alliance, agreed to amend the Rice Share
Tenancy Act so that the tenant would receive 60%
of the crop, but powerful landlord interests
prevented any legislative action to this effect. In
1946, however, when President Roxas came to
power and when the Huks had demonstrated their
political strength and resilience against armed
attack, Republic Act 34, the so-called “Seventythirty Law”, was actually passed by a Congress
still dominated by landlords.
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AGRARIAN REFORM
A. The Philippine Rice
Share Tenancy Act of 1933
(Act No. 404)
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Direction: Do a comparative matrix of the Agrarian Reform and Land reform.
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IMPLICATION OF THE LAW
Governor-General Theodore Roosevelt Jr. were
aware of the increasing inequality of the tenants’ and
the landlords’ bargaining power. The tenancy problem
was geographically as peculiar to Central Luzon as it
was agronomically to rice. In 1939 five Central Luzon
provinces, all of which had the greater part of their
farm land planted to rice, had share tenancy rates
above 50 percent: Tarlac, 50.5, Cavite, 53.5, Bulacan,
62.2, Pampanga, 64.6, and Nueva Ecija, 66.3.
According to my source these tenancy figures were
disturbing to former President Manuel Quezon and
other Filipino leaders only insofar as they were
associated with agrarian unrest. But the tenancy rate
cannot be said to be a complete explanation of unrestand population density, poverty and backwardness of
agricultural techniques are even less adequate
explanations of this phenomenon.
President Ramon Magsaysay enacted the
Republic Act No. 1199 on 1954 as part of his
agrarian reform program. This is to govern the
relationship between landowners and tenant
farmers by organizing share-tenancy and
leasehold system.
The Act is divided into 5 Parts: General provisions (I);
The Share System (II); The Leasehold Tenancy (III);
Security of tenure (IV); Special Provisions (V). It is the
purpose of this Act to "establish agricultural tenancy
relations between landholders and tenants upon the
principle of "school" justice; to afford adequate
protection to the rights of both tenants and landholders;
Amended by Republic Act No. 2263 allowing the to ensure an equitable division of the produce and
division of crops on the following basis:
income derived from the land; to provide tenant(1) Land 30%;
farmers with incentives to greater and more efficient
(2) Labor 30%;
agricultural production; to bolster their economic
(3) Animals 5%;
position and to encourage their participation in the
(4) Implements 5%;
development of rural communities" (sect. 2). Section 3
(5) Final harrowing 5%; lastly
gives a definition of "agricultural tenancy". Share
(6) Transplanting 25%
tenancy is a system of joint undertaking where one
party furnishes land and the other party labor (sect. 4).
Sections 7 to 21 prescribe rules relative to the contents,
form and registration of tenancy contracts. Provisions
of Part II define the rights and obligations of parties in
a share tenancy system and regulate a specific kind of
contract, a Rice Share Tenancy, and contracts for other
crops than rice. The landholder shall furnish the tenant
an area of not less than one thousand square meters
where the tenant may construct his dwelling, raise
vegetables, poultry, pigs, and other animals and
engage in minor industries, the products of which shall
accrue to the tenant exclusively (sect. 26). Part III
defines rights and obligations of the parties under
leasehold contracts and regulates compensation for
use of the land. The last Part contains provisions for
the protection of tenants. Section 50 lists exclusive
causes for the dispossession of a tenant. (source:
https://landportal.org/library/resources/lexfaoc023032/agricultural-tenancy-act-philippinesrepublic-act-no-1199)
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B. Agricultural Tenancy Act
of the Philippines of 1954
(R.A. 1199)
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This Act promised the tenants of their rights and
privileges by allowing them to select the tenancy
system. Landlords on the other hand were prohibited
to force the tenants do activities they did not want to,
there was also a security of tenure under this act
which provides tenants with land, through this act it
emancipated the tenants from the fear of being
unemployed.
Amended by Republic Act No. 9700 an act
strengthening the Comprehensive Agrarian
Reform Program (CARP) extending the
acquisition and distribution of all agricultural lands
to the farmers for an additional of 5 years.
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It is said that the congress did not provide effort to
have a separate bill to provide funding for its
implementation. However, this act was piloted in the
provinces of Pangasinan, Bulacan, Nueva Ecija,
Pampanga, Tarlac, Occidental Mindoro, Camarines
Sur and Misamis Oriental. It acquired a total of
18,247.06 hectares or 99.29% out of the total scope
of 18,377.05 hectares. The program benefited 7,466
Farmer Beneficiaries
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Amended by the Republic Act No. 10374 to
extend the life of the Land Bank of the Philippines
this Act aims at financing the acquisition by the
Government of land estates for division and
resale to small landholders, as well as the
purchase of the landholding by the agricultural
lessee from the landowner, there is hereby
established a body corporate to be known as the
"Land Bank of the Philippines", which shall have
its principal place of business in Manila. The legal
existence of the Bank is extended for a period of
fifty years from the expiration of its original term
on 08 August 2013, renewable for another fifty
years. The Bank shall be subject to such rules and
regulations as the Central Bank may from time to
time promulgate.
Republic Act No. 6657 or the Comprehensive
Agrarian Reform Law was signed into law by
President Corazon Aquino on June 10, 1988 in
response to tenants request for equitable access
to land.
This code is divided of 3 Articles; Organization and
Functions of the Land Authority (I); Expropriation of
Private Agricultural Lands (II); Distribution of
Agricultural Lands of the Public Domain (III). Having
166 sections. This code was enacted to institute land
reforms in the country and aimed at establishing
owner-cultivatorship and the family-size farm as the
basis Philippine agriculture; achieving a dignified
existence for the small farmers free from pernicious
institutional restraints and practices; and making small
farmers more independent, self-reliant and responsible
citizens.
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D. Comprehensive
Agrarian Reform of 1988
(R.A. 6657)
The Agricultural Land Reform (RA 3844) was
enacted in 1963 by President Diosdado
Macapagal, which then led to the establishment
of Land Bank of the Philippines to help with the
land reform.
The Act consists of 78 sections, divided into 15
Chapters. The Program seeks to achieve this
essentially through the redistribution of agricultural
lands, subject to the payment of just compensation of
dispossessed landowners (sect. 2). Additional
allowances are made for the children of landowners.
Acts of disposition of private lands made by
landowners in violation of the above limits are
automatically null and void (sect. 6). Implementation is
to be carried out in three phases, in accordance with a
given order of priorities established according to kind,
size, and nature of the tenurial status of the lands
(sects. 5, 7 and 8). Commercial farming operations,
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C. Agricultural Land
Reform Code of 1963 (R.A.
3844 and P.D. No. 27 of
1972)
There were a lot of dissatisfaction with the said law,
proposals from tenants and NGOs increased hoping
to implement an alternative program that would help
achieve their needs, this is because the law was said
to have many flaws. However, the said proposals for
alternatives did not succeed.
however, are scheduled to come under the acquisition
and distribution program only ten years after the
coming into effect of the Act (sect. 11). For the
purposes of the land acquisition and distribution
program, all landowners and all lessees, tenants, and
farmworkers are to register with the Government within
a set deadline (sect. 14). Broad criteria govern the
determination of what constitutes just compensation
(sect. 17). In principle, such lands are to be distributed
directly to farmworkers either individually or jointly as a
workers' cooperative (sect. 29). Pending final transfer
of the land, farmworkers shall be entitled to receive
three percent of the gross sales from the production of
such lands over and above their regular salary (sect.
32). The Department of Agrarian Reform is to have
original jurisdiction over all disputes arising under the
agrarian reform program, and the Department's
decisions may be reviewed by the Court of Appeals. In
addition, Special Agrarian Courts to be appointed by
the Supreme Court at the provincial level will be
competent to hear all cases concerning just
compensation to landowners, and to prosecute criminal
offences.
This Act amends Republic Act No. 6657 on the
Comprehensive Agrarian Reform Law 1988. It amends:
section 2 regarding the declaration of principles and
policies of the agrarian reform; definitions in section 3;
the scope of the comprehensive agrarian reform in
section 4; section 7 on priorities of the Department of
Agrarian Reform; the title of section 16 to read
“Procedure for acquisition and Distribution of Private
Lands”; section 17 on the determination of just
compensation; sections 24-27 on provisions regarding
land distribution; sections 36, 37 and 38, on support
services; section 41 on the composition of the
The Republic Act No. 9700 or The
Comprehensive Agrarian Reform Program
Extension with Reforms (CARPer) was signed by
President Gloria Macapagal Arroyo on August 7,
2009 and expired on June 30 2014.However as
stated on Section 30 of the said law, that cases
on the matter which are still pending “shall be
allowed to proceed to its finality and be executed
even beyond such date.”
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E. Comprehensive
Agrarian Reform Program
with Extension of 2009
(R.A. 9700)
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Republic Act No. 7881 of 1995 amended certain
provisions of Republic Act No. 6657 and
exempted fish ponds and prawns from the
coverage of CARP.
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With more than 9 million hectares of (mostly public)
land already distributed to more than 6 million farmers
under CARP, poverty remains high in rural areas,
income inequality is still a serious problem and the
communist rebels continue to cause problems. All of
this means that distributing lands to the poor does not
necessarily guarantee that their economic conditions
will improve without corollary services such as
infrastructure and access to credit to make the land
productive, as well as social services, specifically in
the areas of health and education, which failed to
materialize under CARP. Overall, the agriculture
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Presidential Agrarian Reform Council; section 50 on
administrative adjudication; section 55 on judicial
reviews; section 63 on financing matters; sections 65,
68, 73 and 74 on prohibited acts, penalties, etc. The
Act provides for the protection of smallholders and
family farms. It also inserts new sections as follows:
sections 6A and 6B on exception to retention limits and
on review of limits of land size, respectively; section
22A on orders of priority; section 37A on equal support
services for rural women; section 50A on exclusive
jurisdiction on agrarian disputes. The Act further
provides for the establishment of a Congressional
Oversight Committee on Agrarian Reform to oversee
and monitor the implementation of this Act, and it
defines the composition of the Committee and its
powers and functions.
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sector is hardly any better off now than it was 20 years
ago, because macro policies are biased against the
sector.
(source:
http://english.safedemocracy.org/2008/02/14/philippine-land-reformhas-failed-to-live-up-to-its-promise/)
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