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 as sh ar e d 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. w 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. ss tu dy H er res o. ou co rc m e AGRARIAN REFORM A. The Philippine Rice Share Tenancy Act of 1933 (Act No. 404) vi a Direction: Do a comparative matrix of the Agrarian Reform and Land reform. This study source was downloaded by 100000834681452 from CourseHero.com on 10-17-2021 09:34:47 GMT -05:00 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) ss tu dy H er res o. ou co rc m e w as sh ar e d vi a B. Agricultural Tenancy Act of the Philippines of 1954 (R.A. 1199) This study source was downloaded by 100000834681452 from CourseHero.com on 10-17-2021 09:34:47 GMT -05:00 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. This study source was downloaded by 100000834681452 from CourseHero.com on 10-17-2021 09:34:47 GMT -05:00 sh ar e d vi a 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 as 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. w 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, ss tu dy H er res o. ou co rc m e 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.” ss tu dy H er res o. ou co rc m e E. Comprehensive Agrarian Reform Program with Extension of 2009 (R.A. 9700) w as sh ar e d vi a 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. This study source was downloaded by 100000834681452 from CourseHero.com on 10-17-2021 09:34:47 GMT -05:00 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 ss tu dy H er res o. ou co rc m e w as sh ar e d vi a 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. This study source was downloaded by 100000834681452 from CourseHero.com on 10-17-2021 09:34:47 GMT -05:00 Powered by TCPDF (www.tcpdf.org) 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/)