Ramon Magsaysay | 21

Ramon Magsaysays tribute to Land reform: The Introduction of a Legal Framework in Philippine Agricultural Policy

University of Santo Tomas

Faculty of Arts and Letters

In fulfilment of the partial requirements in

HISTORIOGRAPHY (ASN 208)

Assoc. Prof. Arlene D.Calara

Prepared by:

Group 7 (3ASN1)

Pomer,JaninneKrizzia

Rifareal, Jo-mari

Samarita, Risha Angelica

Santiago, Maria Sofia Amparo

Socrates, Josemaria Salvador

March 19, 2012

I. Introduction

Each blade of grass has its spot on earth whence it draws its life, its strength; and so is man rooted to the land from which he draws his faith together with his life.

- Joseph Conrad (1857-1924)

One of the best assets a country should possess is a fertile vast land- for land is like a coconut tree- the tree of life because of its efficacy. But a country and its people must know how to use it to its best application nevertheless one should never forget that land belongs to no one.

Long before land plays a vital role for a countrys success because not only establishments are built on it but most importantly the crops that it is capable of growing and making it grow healthy and of good export quality that makes a good impression in the GNP of the country and let the local people enjoy the privilege of the exported crops for a lower price- that should be the ideal situation but in the Philippines it is not nonetheless many issues regarding land are rampantly discussed all over the globe and one of which that caught many less developed countries with high man land ratios is agrarian reform one of them is the Philippines which has long endure its struggle towards Agrarian reform even before the Independence is granted under various presidents from the past to present administration. Many laws were enacted, many organizations mushroomed, all for the lands cause and little by little, all associating factors have arisen, as well conflicting factors.There has been no conflict resolution between the wants and needs of both the farmers and the landowners up until this day. But one of the first steps that really provided a basis and a start to make things binding, are the efforts of the late President Ramon Magsaysays administrations efforts

The paper aims to provide a comprehensive analysis as to why former President Ramon Magsaysays RA 1199, RA 821, RA 1199 and RA 1160 contributed greatly to the land reform problem of the country. The paper will first discuss a brief history of land reform, to know the roots of the problem, some other contributions of the late president to at least have a background about his administration, a discussion on the authors of the bills that was passed regarding agrarian reform, brief summary of the laws and an analysis and lastly, the conclusion of the paper.

Sometimes it takes a good heart to establish a good legislation of a good policy and everything seems to follow a good example. Nevertheless it will clearly be depicted how his charismatic personality helped out this project to bring success for new improvements. How farmers and Land owners reacted and been treated. How his policy have been a strong foundation of Agrarian reform in the country and how it affected the country up to the present. It is important to study the past to know the future but most importantly to react/act to the present times.

II. Brief History of Land Reform

The control over land, the concept of tenancy, and full land ownership can be divided into three periods, which at times are overlapping. The control over land and its ownership, started during the pre-colonial times where a tribal, communal ownership was done. This was supervised by the heads of the Baranggays in Luzon and Visayas, and in the southern part of the Philippines, which is Mindanao, the Sultanates supervise these lands. When the Spaniards came, the concept of private land ownership was introduced. There were two goals, or interests that was being catered by the colonizer: First is to directly extract wealth to support the wars in Europe, the second one is to develop the demand for products or goods unavailable in Europe. In line with these goals, a new system was adapted.

a new system of agricultural production and access to land was introduced. This was based on control over land, and was only achieved with land titles to individuals, preferably of Spanish origin, and by giving either user rights or ownership to individuals who wanted involvement in agricultural production. (Polestico,1988)

In this new system, theencomiendas, or the land holdings of high-ranking Spamish officials and clergymen which are administered through indirect means. The landlords delegates or are represented by local administrators like regional or village chiefs, and these people were the ones tasked to collect taxes or tributo. In the 18thcentury, the concept of sharecropping was introduced due to the first wave of globalization. Cash crops like tobacco, sugar, coffee, which are goods viable for trade were the ones encouraged and sometimes forced to be planted in areas. Another procedure, which is the denuncia, was also introduced for people to acquire unoccupied land. Eventhough the option was introduced, very few Filipinos were in a good position to apply for such given the fact that only a few of them were educated and economically well.

Same problems were still at play when the Americans came. The only difference is the one owning the land. Multi-national corporations that were brought by the United States in our country, were the ones who started to invest and acquired many landholdings by purchase or lease, or lease-to-own. Although there were limitations, given the fact that land holdings were only limited to 24 hectares per individual and 1,024 hectares for corporations, the registration process was so tedious that the normal Juan Dela Cruz farmers were then again, unable to get the land that they deserve. Fast forward to 1935 and Manuel Roxas time, constitutional provisions were specifically stated and attempted to limit foreign influence on land.

The 1935 constitution declared that all natural resources, including lands belonging to public, belonged to the Philippine State. The right use and ownership from there onwards was in the hands of Philippine nationals or companies with at least 60% of ownership. Use rights for natural resources were awarded for a maximum of 25 years. The size of agricultural land to be owned individually or by a corporation, as mentioned in the Constitution, was determined by law(Polestico,1988)

Despite these efforts, the same problems arise, and that made the congress under the Magsaysay administration, and the President himself to approve, and enact a bill that pertains to land ownership, and one of the major industries we have which is Agriculture. The roots of the 4 Agricultural bills and its analysis in Magsaysays administration will be tackled in the latter part of the paper.

III. Magsaysays Administration

Ramon del Fierro Magsaysay was born August 31, 1907 and died on March 17, 1957. He was the third president of the Philippine Republic and also the seventh president overall. Ramon Magsaysay was elected president under the Nacionalista Party and served as president from December 30, 1953 until his death on a plane crash in 1957.[footnoteRef:1] [1: Ramon Magsaysay Award Foundation. (2012). The Life and Times of Ramon Magsaysay 1907-1957.Retrieved March 4, 2012 from http://www.rmaf.org.ph/Ramon-Magsaysay/timeline.htm]

As president, Ramon Magsaysay was a close friend and supporter to the United States of America and also a vocal spokesman against communism during the Cold War. He also led the foundation of the Southeast Asia Treaty Organization (SEATO) which is also known as the Manila Pact of 1954. This organization aimed to defeat communist movements in South East Asia and the Southwestern Pacific. During his presidency, he was also able to let the Treaty for the Collective Defense of Southeast Asia or the Pacific Pact be approved. In Magsaysays administration also, the military was able to capture most of the Communist Movement leaders in Metro Manila and most of them surrendered to him. This practically ended the rebellion problem in the country. During his term, Magsaysay also opened the gates of Malacaang Palace to the public, thus making it literally a house of the people. Ramon Magsaysay also submitted the Republic Act No. 1400 or the Land Reform Act of 1955. He also renegotiated the Bell Trade Act of 1946 into the Laurel-Langley trade Agreement. It maintained the economic subservience of the nation to United States monopolies. Magsaysay also signed the first Agricultural Commodities Agreement with the United States in 1957. This perpetuated the colonial pattern of the nations economy. It was also the one responsible for the passage of the Anti-subversion Law which restrained the citizens democratic rights of assembly, freedom of speech, and belief. Magsaysay was also the first president who revised the US Military Bases Agreement to bring it more in line with the interests of the Philippines. He inspired people to have their own business through open access to loans and government subsidies. He also passed the Congressional Act No. 1292 creating a special fund of P20, 000, 000 to be used as loans to Filipino retail traders. He also extended the help to Filipino businessmen who were engaged in the retail trade by creating the National Marketing Corporation (NAMARCO). Magsaysay also lodged 978 families of Huks who surrendered in the Economic Development Corps or EDCOR agricultural camps in Mindanao and in Isabela province as a part of his peace initiative with returning Huk rebels.[footnoteRef:2] [2: Tagalog Lang. (n.d.). Filipino presidents Biography and Accomplishments. Retrieved March 4, 2012 from http://tagaloglang.com/The-Philippines/History/filipino-presidents-biography-and-accomplishments.html]

Ramon Magsaysay was able to contribute a lot for the Philippines, but he focused very much on land and helping the poor. And being true to his promise, he tried hard to improve the status of the masses. He geared his administration to the urgent demands of rural improvement. Magsaysay had the Congress pass the Agricultural Tenancy Act in 1954. This provides a great protection to the tenants by giving them the freedom to choose the system of tenancy under which they would want to work. This Act was successfully implemented with the establishment of the Agriculture Tenancy Commission and the Court of Agrarian Relations whose main purpose is to settle satisfaction and all tenancy disputes. Although the common people gained from the land distribution and tenants were granted more rights, the problems that were solved were just surface problems and not the main one. In the Republic Act No. 1199, farmers were given a certain percent of the crop distribution, but this was only a minor solution and they were not able to give solution to the main problem which was the tenurial system. The main problem was not given notice. Although his land reform programs had holes and did not genuinely benefit the peasantry, Magsaysay was still able to provide other solutions to the problems.

During his administration, he also had great support from most of the congress particularly in passing bills that concern the Agrarian Reform in the country which was also a big factor for becoming successful with passing and imposing the laws he wanted for the development of the country. Ramon Magsaysay is said to be the most loved president of the Philippines probably because of his great concern to the masses and his good leadership[footnoteRef:3] [3: Book Rags.(2012). Encyclopedia of World Biography on Ramon Magsaysay. Retrieved March 3, 2012 from http://www.bookrags.com/biography/ramon-magsaysay/]

THIRD CONGRESSSenate of the Philippines1954-1957

Eulogio A. Rodriguez, Sr.Senate President

Manuel BrionesPresident Pro Tempore

CiprianoPrimiciasMajority Floor Leader

Sofronio C. QuimsonSecretary

DomocaoAlonto(Elected in November 1955)

Tomas Cabili

EdmundoCea(Elected in November 1953)

Mariano J. Cuenco(Elected in November 1953)

Francisco A. Delgado

RupertoKangleon(Elected in November 1953)

Jose P. Laurel, Sr.

Oscar Ledesma

Roseller T. Lim(Elected in November 1955)

Jose C. Locsin

Fernando Lopez(Elected in November 1953)

AlejoMabanag(Elected in November 1953)

Pacita Madrigal Gonzales(Elected in November 1955)

Enrique B. Magalona

Ambrosio B. Padilla

QuintinParedes(Elected in November 1955)

Emmanuel N. Pelaez(Elected in November 1953)

Macario Peralta, Jr.

Gil J. Puyat

Claro M. Recto(Elected in November 1955)

Francisco Soc Rodrigo(Elected in November 1955)

Decoroso Rosales(Elected in November 1955)

Pedro Sabido(Elected in November 1955)

Lorenzo Sumulong(Elected in November 1955)

Lorenzo M. Taada(Elected in November 1953)

Jose C. Zulueta

IV. Land Reform Programs

One of the main domestic problems in the Philippines is the situation of the Filipino farmers towards agrarian and landed estates, oppression of peasants by the landlords. Even if the Philippines have been recovering from the damage of World War II and experiencing military coups and insurgencies[footnoteRef:4], Presidents like Quezon and Magsaysay gave priority to land reforms. Ramon Magsaysay had been campaigning land reforms even before his administration, followed the land reform laws of President Manuel Quezon agrarian policy initiatives included mainly tenancy reforms, purchased landed estates and subdivided among leaseholders.[footnoteRef:5] [4: See interview of Luis Taruc the leader of the Hukbalahap rebel group, eventually surrendered during Magsaysays regime about Rural Oppression on youtube: http://www.youtube.com/watch?v=u5GCLfJePxs] [5: See Del Fierro, A. (1972) ]

Appointed as Secretary of National Defense during President Quirinos administration, Ramon Magsaysay continued supporting the policies and reforms of the land for the landless and also, he used this campaign to fight against the HUKS[footnoteRef:6] - peasant uprising against rural oppression - through his Economic Development Corps or known as EDCOR[footnoteRef:7] project. The EDCOR aimed to re-settle former insurgents on government land to which settlers would be given title, their own farm, and to provide stability to those captured and surrendered Huks who were not wanted for criminal activities other than being a guerrilla received a short re-education and placed to a peaceful and stable society with their families. [6: Communist-led guerilla movement that developed during World War II to fight against the corrupt landlords.] [7: This program resettled many army retirees on government land which eventually the owned.]

After being elected as the President of the Philippines, Magsaysay worked and established bodies to stabilize EDCOR the National Resettlement and Rehabilitation Administration (NARRA)[footnoteRef:8] and the establishment of Agricultural Credit and Cooperative Administration (ACCFA)[footnoteRef:9] which aid rural people. [8: Distribute and give home to the homeless families to areas where they can be settle and live.] [9: Help the farmers market their crops and save them from loan.]

President Ramon Magsaysay enacted several laws to support his Agrarian Reform Program: First is the Republic Act No. 1160 of 1954, related to the National and Rehabilitation Administration for the resettlements of the farmers. Republic Act No. 1199 or also known as Agricultural Tenancy Act of 1954, this is made to organize the relationship between landowners and tenant farmers through leasehold system and sharing-tenancy, and this Republic Act No. 1199 provided the security of the tenure of the tenants. Republic Act No. 1400 or the Land Reform Act of 1955 is responsible for the acquisition of large lands to be distributed among the landless citizens through contracts with their owners. Lastly, the Republic Act No. 821 which provided farmers and share tenants loans with low interest rates.[footnoteRef:10] [10: See Department of Agrarian Reform (DAR) Organizational Chart]

A. Republic Act No. 1160 of 1954

According to its explanatory note, written by Congressmen Manguera, Durano, Perfecto, Raquiza, Abad, Roy, Cabangbang, E.R Cruz, Nuguid, Castaneda, Kintanar, Abordo, Ubay, Rodriguez, Fornier, and Romualdez which shows the intent and reasons in drafting the law of all of them by saying that The LASEDECO has failed in its objectives and irretrievably lost of millions of peoples money. It added that a review of the firms operation reveal accomplishments disaproportionate to the expenditures incurred. Moreover, continuing the use of the name of LASEDECO is not advisable because of unpleasant association it has assumed in the public mind for its identification with anomalous and irregular transactions and incompetence in public administration. It is believed that the logical step to take is to abolish the Corporation and, in its place, create a new organization under the new management of men of action and integrity. To carry out the program of land settlement , the National Resettlement and Rehabilitation Adminstration (NARRA) is created as a completely new agency with new appropriation, objectives and personnel, especially in the higher echelon, so that it will not be hamstrung by anything the LASEDECO did or failed to do. President Magsaysay in his inaugural address underlined land settlement as on of the pillars of his rural development program. In the interest of economy, efficiency and effectiveness, it is firmly believed that land settlement and all government activities related to it should be centralized under one agency. This bill proposes to make NARRA that agenecy, Hence, approval of this bill is earnestly requested

The intent of these congressmen were not just showed, but they also stated the ineffective mechanisms that they want to target. They also related it to the national goals that their President Ramon Magsaysay wants to reach in the duration that he is in his post. The main goal of Republic Act No. 1160 of 1954 was to resettle landless farmers to further implement the free distribution of agricultural lands of the public domain, and aimed at the Huks who returned to provide them with home and job in farming. This act covers encourages as well the migration to sparsely populated regions pursuant to the fundamental policy of the government to promote the level of their living, production, and employment. The National Resettlement and Rehabilitation Administration or NARRA has been created to perform under the supervision and control of the President of the Philippines.

B. Republic Act No. 1199 Agricultural Tenancy Act of 1954

According to the explanatory note written by Senators Montano, Pelaez and Paredes, they stated that The need to regulate relations between landlors and tenat has long been recognized. Indeed the Constitution itself makes specific provision for the fulfilment of this need (Article XVI, Section 6) and proceeding Congresses have enacted numerous laws for the attainment of this purpose. All such laws however, have been based on the existence of the KASAMA SYSTEM of tenure----a system which per se deprives landlord-tenant agreements of dignity and equity. The application of these two fundamental principles under Philippine law, is vital and necessary to the growth and development of democratic institutions in Philippine Agriculture. Aside from this fundamental defect, such laws are limited in scope and ambiguous to a point of being ineffective. It has been suggested that ambiguities in existing law should be eliminated by clarifying legislation. Such action, however, would leave landlord-tenant relationships in all crops other than rice (and to a certain extent, sugar) still unattended. The Kasama System would remain. Even in rice, the relationship thus provided for would represent more a kind of paternalism than one created between two free and equal parties who with dignity had pledged themselves to the fulfilment of a solemn contract. Years of chronic friction between landlords and tenants have brought the basic causes of conflicting interest into sharp relief. The problem, as always. Basically economic, has assumed moral aspect. It is now clear that the root cause of landlord-tenant friction lies in the Kasama system itself; that cure is not to be effected through limited application of external ointments but in the rooting out of the system itself and the institution of leasehold Tenancy. The cure thus necessitates no new and untried ideas but rather requires only the application in agriculture of rules long adopted by all free men to govern their business associations. It is to this end that this proposal is presented. It is the purpose of this proposal, through founding landlord-tenant relations on principles of equity and dignity, to provide the tenant-farmer with incentives conducive to greater and more efficient production; bolster his economic position; encourage his participation in the development of peaceful, vigorous and democratic rural communities. The proposal provides for:

1. The abolition of the Kasama System of land tenancy

2. The enactment of a single law governing all landlord-tenant relations throughout the Philippines

3. The establishment of Leasehold Tenancy as an institution to supplant all existing systems of tenancy

4. The farm lease contract and the parties thereto being accorded the same prestige and treatment as are accorded to any other contract or contractor under the Philippine law. The landlord and the tenant shall each be considered as full and equal parties to the contract.

5. The farm lease contract having singular and exclusive relation rihts and responsibilities respecting tenure.

6. For landlord-tenant agreements being bound by written contract wth all principle provisions clearly stated. Provision is made, however for the treatment relations not governed by written contract.

7. The establishment of maximum rental rates on all kinds if agricultural land.

8. Fixing minimum charges for services and rental on implements and work animals supplied by the landlord

9. Choice by tenant-lessee as to items other than land to be supplied by the landlord-lessor.

10. A private existing irrigation system being considered as an integral element of the land itself.

11. The compensation of the tenant for any improvement on the property made by him and authorized by the landlord

12. the repeal or modification of laws in conflict with this proposal

This act is for landowners and tenants of Agricultural lands, the relationship between the two leaseholds and share tenancy. This act provided an adequate protection of the rights of both tenants and the landowners and to insure an equal distribution of the produce and income derived from the land providing the farmers with greater and more efficient agricultural production.[footnoteRef:11]. It aims to target the problem in its core by introducing new mechanisms in tenancy the contracts that both the landowner and the farmer engages in. [11: See Ibid]

C. Republic Act No. 1400 Land Reform Act of 1955

According to the explanatory note written by Congressman Cortez when he introduced t and explained his intent regarding the bill to congress, he states that This bill is designed to lay the foundation of a realistic land reform by providing for the means to establish owner-operated, family-sized farms. A Land tenure authority is created whose responsibility it shall be to administer the land reforms program. It shall coordinate the administration and implementation by other departments or agencies, of all other legislations bearing on or related to the land reform program. Provision is made for the purchase or expropriation of agricultural as well as urban lands. Expropriation will be resorted to only after all efforts to negotiate has failed, and after the authority is convinced of the suitability and the necessity for its immediate acquisition. In the purchase or expropriation of agricultural lands, the purpose is not merely to transfer ownership from the landlord to the tenant. The main objective is its subdivision into family-sized farm units. This will of course necessitate the displacement of some tenants. So that, before initiating negotiations of expropriations, the tenants must agree to renounce their rights to remain in their landholdings if they are not chosen to stay. This feature is deemed very important for two reasons: (1) if the land is divided among the tenants regardless of the size of their landholdings, and on the basis of the national average of landholdings of tenants, there will be established owner operated farms of uneconomic sizes, producing income below subsistence level. The purchasers of the land consequently will remain in the state of poverty and will be unable to meet their obligations on the purchase price, and (2) This will stop the land reform short of its goal. On the assumption that the sale to the tenants is to be considered as the first step, when the problem of consolidation of uneconomic farm units into economic family-sized farm units arises, the government will be without power to compel such consolidation

This act provided that the government must commit itself to maintain and establish equality in the agrarian system in which the government would bring the acquisition of the landless Filipino citizens of parcels of agricultural lands to be equally distributed among them through the owner of that land. The Republic Act No. 1400 covers and provided the owner-partnership, that corporations who owned over 300 hectares of landed estates, as well as estates of over 6,000 hectares will be expropriated if the majority of the tenants and the owners will agree upon. After then, the sale of the agreed price will only be effected through negotiations. Payments will be paid half in government bonds payable after a few years at a fixed rate of interest. Thus, the land acquired, in return, be subdivided into smaller lots three to six hectares for each tenant, who will pay their lots within a span of 15 years by installment-based on the returns from the agricultural harvests from the land.[footnoteRef:12] [12: Del Fierro, A. (1972) especially Chapter 15 Program on Landed Estates]

D. Republic Act No. 821 Creation of Agricultural Credit Cooperative Financing Administration

This Act provides an establishment of an agricultural credit and cooperative financing system to assist small farmers in securing liberal credit and to promote cooperative associations among the groupings of the farmers, to enable them to market efficiently their agricultural commodities, and to place agriculture on a basis of economic equality with other industries/

V. Implementation of the Policy

If we look back, we see that The Agricultural Land Tenancy Act or RA 1199 of 1954 was the first policy to be enforced regarding our agriculture. Although there are few efforts done by the previous presidents regarding agriculture and land rights, (e.g.Quirino establishing LASEDECO[footnoteRef:13], Quezon establishing NLSA[footnoteRef:14]), Magsaysay was the pioneer in terms of making sure that a legally binding policy is implemented and enforced. Other Agricultural Laws that he established were R.A. 821 or the Creation of ACCFA[footnoteRef:15], and the R.A. 1400 or the Creation of an LTA[footnoteRef:16]. In line with this, there is still a need to assess: firstly, how RA 1199 was implemented and secondly, the direct effects that this policy brought to a.) future agricultural policies, b.) the farmers. We would also include the interconnection of the implementation of this policy, to his efforts in appeasing and targeting the Huks[footnoteRef:17], given the fact that these Huks are also farmers. [13: LASEDECO or the Land Settlement and Development Corporation was established by President ElpidioQuirino, in replacement of an American initiative, which is RPA or the Rural Progress Administration, which are agencies of the government which settles disputed regarding land rights] [14: NLSA or the Natonal Land Settlement Administration, which was established in 1933, to settle disputes regarding the land that Filipinos sowed, after Spanish Colonization\] [15: ACCFA or the Agricultural Credit Cooperative Financing Administration which provided farmers and tenants with a small percentage of interest.] [16: LTA or the Land Tenure Administration which was responsible for the acquisition and distribution of large tenanted rice and corn lands over 200 hectares for individuals and 600 hectares for corporations.] [17: The Huks or the HUKBALAHAPwas the military arm of theCommunist Party of the Philippines(PartidoKomunistangPilipinas; PKP for short), formed in 1942 to fight theJapanese Empire's occupation of thePhilippinesduringWorld War II.]

A. DEFINITION OF TENANCY

From Britannica Encyclopedia,

Tenancy is an agricultural system in which landowners contribute their land and a measure of operating capital and management while tenants[footnoteRef:18] contribute their labour with various amounts of capital and management, the returns being shared in a variety of ways. [18: A person who occupies or leases a land or property rented from a land-owner]

Another definition is given by Farlex,

It is the occupancy or possession of land or premise by lease. The tenant must acquire control and possession of the property for the duration of the lawful occupancy.

In 1954, A Republic Act was implemented by then, President Ramon Magsaysays administration to control the relationship between tenant farmers and landowners by creating a system that would compensate the two leasehold and share-tenancy system under the Republic Act No. 1199 or also known as the Agricultural Tenancy Act of the Philippines.

B. MECHANISMS IMPLEMENTED FOR RA 1199 TO BE ENFORCED

During the campaign, Ramon Magsaysay saw the need for the law. He immersed himself to these farmers, as seen in one of the pictures archived in the national library. This was the common belief and the image he portrayed during his presidency. In the latter parts of the paper, a discussion of his intent and purpose will be seen. Going back, in the policyitself, it already included how they would enforce the policy, with the help of various cities, municipalities, and the private individual owners of the land.

The law states that :

RA 1199 An Act to Govern the Relations between Landholders and Tenants of Agricultural Lands (Leasehold and Share Tenancy, 30 August 1954). It is also known as the Agricultural Tenancy Act of the Philippines. Under this law, the tenant has the option to elect either share tenancy or leasehold tenancy arrangement (Department of Agrariran Reform 2006)

In its Section 11, it states:

Section 11.Freedom to Contract in General.- The landholder and the tenant shall be free to enter into any or all kinds of tenancy contract, as long as they are not contrary to law, morals or public policy. Except in case of fraud, error, force, intimidation or undue influence, when such contract is reduced to writing and registered as hereinafter provided, the latter shall be conclusive evidence of what has been agreed upon between the contracting parties, if not denounced or impugned within thirty days after its registration.

Said contract shall be contrary to law, morals and public policy;

A. In Share Tenancy

(a) If the tenant is to receive less than the corresponding share for the different contributions be made to the production of the farm as hereinafter provided.

(b) If it is stipulated that the tenant or any member or his immediate farm household shall without compensation perform any work or render any service not connected with the tenant's duties and obligations provided under this Act.

B. In Leasehold Tenancy

(a) If the tenant-lessee is to pay to the landholder, lessor, as a consideration for the use of the land, an amount in excess of that hereinafter provided for the kind and class of land involved.

(b) If the tenant-lessee is to pay the landholder-lessor a consideration in excess of the amount prescribed as fair rental value, as determined pursuant to the provisions of this Act, for the use of work animals, services and/or farm implements belonging to the landholder-lessor, in case it is agreed between the parties that the latter shall furnish any or all of these items of production.

(c) If it is stipulated that, as a condition precedent to the commencement or continuance of the lease, the tenant-lessee shall rent work animals, services or farm implements, or shall make use of any store or services operated by the landholder-lessor or any other person, or that the landholder-lessor may impose fines, deductions and/or assessments, or that the tenant-lessee shall, without compensation, perform any work or render any service not connected with the tenant's duties and obligations provided under this Act. (The LAWPHiL Project n.d.)

Rights and obligations of tenants and the owners are also established as stated in these following sections:

SECTION 22.Rights of the Tenant.-

(1) The tenant shall be free to work elsewhere whenever the nature of his farm obligation warrants his temporary absence from his holdings.

(2) The tenant shall, aside from his labor, have the right to provide any of the contributions for production whenever he can do so adequately and on time.

(3) The tenant's dwelling shall not, without his consent, be removed from the lot assigned to him by the landholder, unless there is a severance of the tenancy relationship between them as provided under Section nine, or unless the tenant is ejected for cause, and only after the expiration of forty-five days following such severance of relationship or dismissal for cause.

If the tenant is dismissed without just cause and he is constrained to work elsewhere, he may choose either to remove his dwelling at the landholder's cost or demand the value of the same from the landholder at the time of the unjust dismissal.

(4) The tenant shall have the right to be indemnified for his labor and expenses in the cultivation, planting, or harvesting and other incidental expenses for the improvement of the crop raised in case he is dispossessed of his holdings, whether such dismissal is for a just cause and not, provided the crop still exists at the time of the dispossession.

Section 23.Obligations for the tenant.- It shall be the obligation of the tenant:

(1) To cultivate and take care of the farm, the growing crop and other improvements entrusted to him as a good father of a family, by doing all the work necessary in accordance with proven farming practices.

(2) To inform the landholder at once of any trespass committed by a third person upon the farm.

(3) To take reasonable care of the work animals and farm implements used in the point undertaking. He shall not use the work animals and farm implements entrusted to him by the landholder for purposes other than those intended, or allowed their use by other persons without the knowledge and consent of the landholder.

The tenant shall not abandon or surrender his holdings and leave the farm and growing crop and other improvements unattended during the watch season, except for just and reasonable cause. In case of such unjustified abandonment or surrender, any or all of his expected share in the crop may, in the discretion of the court, be forfeited in favor of the landholder to the extent of the damage caused thereby.

Any of the following shall be considered just and reasonable cause for the tenant to terminate the tenancy relationship;

(a) Cruel, inhuman or offensive treatment on the part of the landholder of his representative toward the tenant or any member of his immediate farm household.

(b) Non-compliance on the part of the landholder with any of the obligations imposed upon him by the provisions of this Act or by the contract.

(c) If the landholder or his representative compels the tenant or any member of his immediate farm household to do any work or render any service not in any way connected with his farm work, or even without compulsion if no compensation is paid.

(d) Commission of a crime by the landholder or his representative against the tenant or any member of his immediate farm household.

Section 24.Prohibitions to Tenant:-

(1) It shall be unlawful for the tenant, whenever the area of his holdings is five hectares or more, or is sufficient size to make him and the members of his immediate farm household fully occupied in its cultivation, to contract to work at the same time on two or more separate holdings belonging to different landholders under any system of tenancy, without the knowledge and consent of the land-holder with whom he first entered into tenancy relationship.

(2) It shall be unlawful for a share-tenant to employ a sub-tenant to furnish labor or any phase of the work required of him under this Act, except in cases of illness or any temporary incapacity on his part, in which eventuality the tenant or any member of his immediate farm household is under obligation to report such illness or incapacity to the landholder. Payment to the sub-tenant, in whatever form, for services rendered on the land under this circumstance, shall be for the account of the tenant.

(3) Subject to provisions of the next preceding paragraph, land entrusted for cultivation to a leasehold tenant shall not be sub-let nor shall the lease be assigned by the tenant to another person, except with the written consent of the lessor.

Section 25.Rights of the Landholder:-

(1) The landholder shall have the right to choose the kind of crop and the seeds with the tenant shall plant in his holdings: Provided, however, That if the tenant should subject, the court shall settle the conflict, according to the best interest of both parties.

(2) The landholder shall have the right to require the use of fertilizer of the kind or kinds shown by proven farm practices to be adapted to the requirements of the land.

(3) The landholder shall have the right to inspect and observe the extent of compliance on the part of the tenant with the terms and conditions of their contract and the provisions of this Act.

(4) In cases where the crop has to be sold in processed form before division and the tenant has no representative, the landholder, shall have the right to deal with millers or processors in representation of the tenant.

Section 26.Obligations of the Landholder:

(a) The landholder shall furnish the tenant an area of not less than one thousand square meters where the latter 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.

(b) The landholder shall keep the tenant in the peaceful possession and cultivation of his landholdings which are the subject matter of the contract.

Section 27.Prohibitions to the Landholder:

(1) The landholder shall not dispossess the tenant of his holdings except for any of the causes enumerated in Section fifty, and without the cause having been proved before, and the dispossession authorized by, the court; otherwise, he shall, aside from the penalty of fine and/or imprisonment provided for any violation of this Act, be liable to the tenant for damages to the extent of the landholder's right under Section twenty-two of this Act.

(2) The landholder shall be responsible for the payment of taxes levied by the Government upon the land which is the subject-matter of the contract and it shall be unlawful to make the tenant bear in part of all of the same, either directly or indirectly.

(3) The landholder shall not require the tenant to bear, directly or indirectly, any part of the rent, "canon" or other consideration which he, the former, may be under obligation to pay to a third person for the use of the land. (The LAWPHiL Project n.d.)

The creation ofbodies of the government that caters to the rights to ownership of the farmers were blocked by the congress, thus not making the policy be enforced to its fullest content. This shows that there is a little failure in the policy since it did not gave the farmers the land that they deserved.

VI. Analysis

Although it may seem like it is a sound policy, it still doesnt target the problem thus, still having majority of our farmers be landless, and them, still sharing the land they have cultivated for so long. In some cases, it worsened the problem since it created that bond with the owners that eventually just made them do some work voluntarily without the pay or the goods that they have earned. Moreover, the policy wasnt applied across the board. It was not applied to our sugar farmers, which, a lot of Filipino farmers are, and not making them leaseholders or tenants for these lands. The Court of Agrarian Relations was also blocked by the congress, thus, not having a specific body to settle land disputes. These things are necessary in order for them to have an assurance that justice will be served and there is focus given to them.

Over all the policy attacks only the symptoms of the tenancy problem which is the distribution of the agricultural product but the core of the problem on tenurial system was overlooked however without the legal framework with legal advocacies that aimed at agrarian reforms even the symptoms wouldnt have been noticed and taken good action as he provided us a branch to cling on its up to his successors to make more legalities and amendments to enhance the tenancy act for the betterment of many. Nonetheless it had benefitted the some farmers more than the land owners with the extensions provided by the policy it enables farmers to hold on to the land they plow. he implemented it through the Agricultural Tenancy Commission that he created It may not solve all the problems in tenancy but through his efforts many of which have been given answers and clarity. A person can only make a difference not magic that with a blink of an eye everything is solved it takes time, effort and principle to stand and fight for something that will change a great sum of peoples lives that will equate to productivity if these people will work hard on their given partial of land whatever agreement they sign in, anyhow former President Ramon Magsaysays charisma brought about his popularity with the masses he is makamasa or makataogiving him opportunity to get the support of the people who compromises more than of the population to help him with his campaign on agrarian reform and his plight to destroy the insurgencies and develop more concrete plans as to the tenancy of the people who is his greater concern the people dearly loved him because of the affection he shows through his gestures and programs which in reality if you analyse carefully lacks concrete and firm actions yet people adores him for everything he does moreover because of the number of farmers which are also voters gave his full support to him making more people involved more effective the policy will be.

The fundamental solution to the problem is a superior political and economic strength for the tenant through organization and without prejudices and conflicting interests circulating the political arena.

Its effect to our current legislation is positive because there was an actual follow up in continuing the efforts for our farmers, but our government needs to realize that it doesnt stop in instituting a law or policy. There should be genuine change on how laws are being actualized and how our lawmakers look at the perspective of the people they want to help. The standard should be fair on the side of the farmers and also the side of the landowners even if some of them are also the ones who are crafting the laws.

On the side of the farmers, the struggle goes on, and it was already passed to a lot of generations. Some families still monopolize the land. Haciendas are still fully intact and not distributed. Although there was an opportunity given to them and it was started by Magsaysays initiative, it is still not maximized to its fullest extent.

VII. Conclusion

The issue of land reform in the Philippines has continuously been on political agenda and publics priorities for most elected officials remain much even today. Nevertheless agrarian reform has been and still is an unfinished business. In the past decades in the Philippines, a series of land reform programs have been legislated and implemented by successive administrations.

A series of land reform program have been initiated since the presidency of Manuel L. Quezon(1935-1941), Manuel Roxas (1946-48), ElpidioQuirino (1948-53), and Ramon Magsaysay (1954-56) generally fell along these lines although each had its own policy initiatives. In particular, a series of land reform legislation during the Magsaysay administration is seen by some as the first significant legislation toward land reform in the post-war Philippines. (Wurfel 1988)

Magsaysay had become acutely aware of the plight of the small farmer during his military and economic fight against the Huks, and because this struggle was so closely related to his major goal of restoring the people's faith in the government, his heart was most of ail in that aspect of his program which he called rural improvement.The rural improvement program was divided into two types of activity. The first entailed merely the extension and intensification of governmental services in rural areas. The second type of activity was designed in the long run to accomplish the same objectives, but in the process it became necessary to change the whole economic and social structure of Philippine rural life which may be called agrarian reform.

The land reform initiatives of the Ramon Magsaysays administration have been the combinations of regulation on land tenancy, resettlement to public lands, and appropriation and redistribution of private lands. Within the entire agrarian reform program, former President Magsaysay was most intensely concerned with the improvement of tenant-landlord relation because it was in landlord oppression that injustice became visible to him. Having seen injustice, it was a measure of Magsaysay's greatness that he perceived the need and acted upon it. Given the President's special interest in this aspect, it is understandable that rent reduction and tenure security were the most successful aspects of his administrations efforts toward agrarian reform.

However, an evaluation has been made regarding the political forces behind Magsaysays agrarian reform code and the pattern of reform implementation was the need to pacify the Huk rebellion especially in Central Luzon. In additional, there was a significant degree of involvement by the United States government both in the election of President Magsaysay and in placing land reform onto the political agenda in the process. Such forces pushing toward land reform program is apparent in Magsaysays period, yet President Magsaysay has been credited by some political observers for his political will toward land reform.

The reality we face is a program of considerable accomplishment from the policies implemented by Pres. Magsaysay, however, the latest land redistribution are quite discouraging. Certainly a central purpose of agrarian reform is to reduce the percentage of farmers who are tenants. But it has not happened. In assessing the processes of land reform legislation and implementation, one question naturally arises; why land reform in the Philippines has been taking so long?

The introduction of legislation, apparently to assist the tenant and small farmer, was frequent from the 1950s onwards. But ever since independence, one of the most serious obstacles to bureaucratic effectiveness for agrarian reform had been the inadequacy of funding. Another problem is the inability of the government to implement substantial land re-distribution in a prompt manner. The opportunity for tenants, and farm workers, to own their land was instituted, yet over all tenants and small farmers seldom found effective protection in the law. Procedures were complex and always favored the landed elite who still dominate rural society. Furthermore, even court fees were an obstacle for a poor farmer and some judges were so ideologically committed to the landlords position that they ignored the law if it favored the tenant.Another problem is the Philippine socio-economic structure and politics which include the patterns ofhighly concentrated land ownership throughout the archipelago and the dominance of landowning families in both local and national politics.

The relevance of agrarian reform as a solution to rural poverty can be re-examine thru CARP. Agrarian Reform undertakes land acquisition and distribution, and envisions a nation where there is equitable land ownership. However, the program flawed organization and poor governance. Moreover, restrictions on the transferability and disposition of awarded lands inhibit the participation of the Agrarian Reform Beneficiaries (ARB) in the land and credit institutions. Poor governance, graft and corruption contributed to the failure of CARP making minimal impact against poverty.

The rural poor and farmers must have avenues of poverty reduction other than agrarian reform. Though a more efficient and effective program needs to be in place, agriculture remains key and can still be a major source of income for the rural family especially the farmers. The history and development of agrarian reform, reminds us how the subject of land ownership is bound to the Filipinos national identity. Land ownership is part of social practice and its law must be subject to compromise, change and proper implementation. Still, the present laws on ownership fail to capture the spirit of agrarian reform.

ReferencesAlternate Forum for Research in Mindanao (2007).Validating the scope and status of the Philippine comprehensive agrarian reform program. DavaoCARP impact assessment studies (2003) Publication Info. Quezon City : Department of Agrarian ReformCouncil of Agricultural Producers of the Philippines. (1997). Comprehensive Agrarian Reform Program (CARP). Quezon City, Department of Agrarian ReformDepartment of Agrariran Reform. April 4, 2006. http://www.dar.gov.ph/pdf_files/leasehold_primer06.pdf (accessed March 5, 2012).In Magsaysay, Leader of the Masses, by Aurelia del Fierro. Manila, 1972.Hart, Donn. "The Philippine Cooperative Movement." Vol. 24. No. 2. pp. 27. Far Eastern Survey, Published by Institute of Pacific Relations, 1955.History of Nacionalista Party. 2010. http://www.nacionalistaparty.com/history.php (accessed December 28, 2011).Lawyers, BC Philippines. Republic Act No. 1199. 2012. http://www.bcphilippineslawyers.com (accessed March 3, 2012).Legislature of the Philippines. 2012. http://www.senate.gov.ph/senators/senlist.asp#third_congress (accessed March 3, 2012).Molina, Antonio. In The Philippines: Through the Centuries, by Antonio Molina. Manil: Univeristy of Sto. Tomas Cooperative, 1961."Plans for Actions: Excerpts from the Speeches of President Magsaysay on the Economic Development of the Philippines." In Ramon Magsaysay 1907-1957. UP Diliman Library, Manila: National Media Production Center.President Magsaysay's Last Speech in 1957. 2012. http://www.afpcmos.ph/index.php/featured-article/70-president-magsaysays-last-speech-in-1957 (accessed March 3, 2012)."Program for Progress: Speech delivered at the Far Eastern University." In Ramon Magsaysay 1907-1957. UP Diliman Library, Manila.Rags, Book. Encyclopedia of World Biography on Ramon Magsaysay. 2012. http://www.bookrags.com/biography/ramon-magsaysay/ (accessed March 3, 2012).State of the Nation Address of President Ramon Magsaysay (1st to 4th). 2010. www.gov.ph (accessed November 28, 2011).The LAWPHiL Project. http://www.lawphil.net/statutes/repacts/ra1954/ra_1199_1954.html (accessed March 5, 2012).The Life and Time of Ramon Magsaysay. 2012. http://www.rmaf.org.ph/Ramon-Magsaysay/timeline.htm (accessed December 28, 2011).The Working Vice President. 2012. http://ovp.gov.ph/site_content.php?sid=35 (accessed January 13, 2012).Viana, Dr. Augusto V. de. Stories about Magsaysay. 2010. http://www.nhi.gov.ph (accessed January 4, 2012).Wurfel, David. "Magsaysay and the Philippine Peasantry: The Agrarian Impact on Philippine Politics." By David Wurfel. Tokyo: International Christian University, 1962.Wurfel, David. "Philippine Agrarian Reform under Magsaysay." Far Eastern Survey, Institute of Pacific Relations, 1958.

Appendices

A.) Photo Descriptions

These are photo captions in the archives of the National Librarys Presidential room. The Pictures were not allowed to be reproduced but the descriptions are still necessary sources for us to at least visualize how the late President was at work.

En10-V

Description: During his campaign, Monching went out of his way to shake hands of barrio people. His opponent called it vulgar but RM replied there was nothing vulgar in clasping the hands of honest farm folk

The guy goes out to the fields to salute the farmers of one of the 1,100 farmers he visted during his 1953 campaign.

En10-R

Description: Governors & Congressmen endorses the President for re-election during a breakfast meeting

En4-J

Description: RM & the Poor folk

Into his 1959 campaign for the presidency, he visited the poor people even shirtless ones

En4-C

Calapan, Mindoro

Brief stopover inspection trip to fish project owned by Jose Uranza

B.) Photos

These are the photos of senators during his administration, and few photos of the late president Ramon Magsaysay in action. Some photos of the Philippines during the 1950s are also included.

Ramon Magsaysay in his inauguration

President Ramon Magsaysay with Jose P. Laurel, Jose B. Laurel, Sergio Osmena, Commisioner Pauline Garcia and Pedro Sabido

Ramon Magsaysay with citizens riding public transport, portraying his image as makamasa or a president that is one with the masses.

Ramon Magsaysay with senators during a meeting.

Manila, 1950s

;

Escolta, 1950s

Ramon Magsaysay, taken during his term

Emmanuel Pelaez, He was elected Senator from 1953 to 1960, and supported the program of Magsaysay despite the fact that they are from different political parties.

Eulogio Rodriques Jr., the son of the Senate president in the same congress, drafted co-authored RA 1160, one of the first agricultural policies of the Philippines.

Ferdinand Marcos worked then in the House of Representatives during the duration of Magsaysays agrarian reform and he is one of many supporters of this program he even authored a bill for the reform program and continued this vision until he seats in office as the president. He forwarded the Masagana 99 program during his presidency.

Vicente peralta is the Congressman of the 2ndDistrict of Sorsogon in 1953 and was re-elected (1957, 1961, and 1965)He was Consistently adjudged by the Congressional Press Club as one of the Ten Most Outstanding Congressmen since 1954 up to the time of his death; and by the Philippine Free Press as one of the Ten Most Useful Congressmen since 1958 thru 1965. He co-authored the law, RA 821.

C.) Congressional copies of the bills

These are photocopied original copies of the senate and house of representatives agricultural bills. These were from the House of representatives archives, in the Batasan Pambansa, Quezon City.