Documentos de Académico
Documentos de Profesional
Documentos de Cultura
INTRODUCTION
A. DEFINITIONS AND TERMS
Reform
presupposes that something is defective, hence, needs reformation and correction.
Land Reform
denotes a broad concept of conventional and revolutionary measures intended to correct certain
defects in the relationship between landowner and tiller regarding their rights and
obligations in the cultivation and management of landholding.
Agrarian Reform
refers not only to land reform but also embraces a full range of
m easu re sde si gn ed to im p rove the r el ati onsh ip bet we en l andowne r and t il le r,
employer and employee,c o r p o r a t e m a n a g e m e n t a n d s t o c k h o l d e r s , c o o p
e r a t i v e s a n d m e m b e r s , a n d o t h e r f a r m e r s organizations including their
economic, social and political relations with the community and the government.
Comments:
Under the Comprehensive Agrarian Reform Law of 1998 (R.A. No. 6657), Agrarian Reform is
defineda s t h e r e d i s t r i b u t i o n o f l a n d s , r e g a r d l e s s o f c r o p s o r f r u i t s p r o d u c e d , t o f
a r m e r s a n d r e g u l a r farmworkers who are landless, irrespective of tenurial arrangement.
AGRARIAN STRUCTURE
Refers to that complex set of relationships within the agricultural sector between
tenure structure, production structure and structure for supporting services
.
1. Land Tenure Structure
is a concept that connotes one or more types of land tenure system regulating the rights to ownership and control and usages of
land and the duties accompanying such rights.
a. Agricultural Tenancy
refers to the manner of holding agricultural lands.
b. Share Tenancy
under this system of landholding, tillers work the land as sharecroppers entitled to share in
the produce of the land.
c. Leasehold Tenancy
is a tenurial system which was instituted by R.A. No. 3844 (Code
of Agrarian Reforms) characterized by lessor and lessee relationship which is created either by written
or oral agreement between the parties or impliedly by acceptance of benefits by the landowner, or by an act of
cultivation thru the toleration of the owner.
Comments:
Leasehold relationship abolished the share tenancy system under the Rice Share Tenancy Act of 1933 as
amended, P.D. No. 27 was issued by then President Ferdinand Marcos which aside from upholding the
leasehold relationship, likewise ordained the emancipation of tenant-farmers from the bondage of the soil,
and considered them
ipso facto owners of the lands they till primarily devoted to rice and corn.
P.D. No. 27 (Tenants Emancipation Decree) likewise fixed the retention limit for the landowner an
area not exceeding seven (7) hectares, provided, that such landowner is cultivating
or will now cultivate the land, and furthermore, that he does not own other agricultural lands of more
than seven(7) hectares.
d. Amortizing Ow ner
a t e n a n t - f a r m e r w h o s e s t a t u s h a d b e e n r a i s e d a u t o m a t i c a l l y b y operation of law
from leasehold tenant to that of amortizing owner, who makes repayments of the purchase price of the land he
tills to the Land Bank.
e.
Full Owner or Owner-Cultivator
is an amortizing owner (tenant-farmer) who has completed full payment of his amortization to the Land Bank of the
Philippines, and is therefore entitled to a certificate of title under the Torrens System.
Comments:
Under R.A. No. 3844, as amended by R.A. No. 6389, there are three shifts in the conversion of the
tenurial status of tenant-farmer to full owner, namely:
share tenant to leaseholder to amortizing owner, and from amortizing owner to full owner (ownercultivator). An amortizing owner by operation of law (P.D. No. 27) is entitled to an Emancipation Patent
which serves as a farm holders provisional title of ownership to the land upon completion of his amortization repayments to
the Land Bank, or to the Landowner in cases of farmers who have been amortizing their lands with the
landowner.
f.
Owner-Cultivator
is the term applied to a tenant farmer who has attained the status of full owner and qualified beneficiary
under the Agrarian Reform Law of the Philippines.
2. Production Structure
is a concept that refers to the use of the land, nature and method of farm operation, and the process of production.
3. Structure for Supporting Services
is an agrarian reform measure designed to help the tenant tiller in the availment of credit facilities, marketing of his
products, supplying of seeds, insecticides, fertilizers, irrigation, storage, processing and other technical
assistance / services in direct bearing to reforms of tenure and production structures.
HISTORICAL BACKGROUND
Even before the Spaniard came into these Island, the idea of private ownership of land
was no tprevalent. Land was commonly owned by the community or barangay, cultivated
communally or individually by members of the barangay. When the Spaniard came in 1521, common
ownership of land slowly took the backseat, and private property became dominant, paving the way to
Encomienda system. The encomienda
was a vehicle used to collect taxes from Filipinos, who tilled the la
n d a n d surrendered part of their produce to the encomendero as tribute in the form of
agricultural crops, poultry, woven mats, etc. Towards the end of the 18th century, there was a mad
scramble for wealth thru world trade. Thus, encomienda were replaced by haciendas.
CONSTITUTIONAL MANDATES ON AGRARIAN REFORM
The state shall promote a just and dynamic social order that will free the people from poverty through
policies adequate social services, promotefull employment, a rising standard of living, an
d an improve quality of life for all. The state shall promote a comprehensive rural development and agrarian reform. The State
shall, by law, undertake an agrarian reform program founded on the right of the farmers and regular farm
workers, who are landless, to own directly or collectively the lands they till or, in the case of other farm
workers, to receive a just share of the fruits thereof. (Art. XIII, Social Justice and Human Rights, Sec. 4).
CONTEMPORANEOUS PRECEPTS AND MEASURES
In order to implement the 1987 Constitution, Congress passed the Comprehensive Agrarian Reform Law
of 1988. (R.A. NO. 6657) which was signed into law by the President of the Phillippines on June10, 1988,
and took effect on June 15, 1988. This is the main law on agrarian reform in the Philippines today. The CARL provides that all
other laws on agrarian reform not contrary or inconsistent with the provisions of this Act shall have suppletory effect.
LAND REFORM MEASURES RETRACED
Trea ty o f Paris (18 98)
the confiscation of friar lands and distributed among peasants by the independent government
of Malolos during the Philippine Revolution.
Philippine Bill (1902)
R e p u b l i c Ac t N o . 6 3 8 9 ( C o d e o f Ag r a r i a n R e f o r m s )
an improvement of R.A. No. 3844, this amendatory Act featured the creation of the Department of Agrarian
Reforms (DAR).
Ag r a r i a n R e f o r m S p e c i a l F u n d Ac t ( R e p . Ac t . N o . 6 3 9 0 )
provided for a special account and financial support for the Agrarian Reform Program of the government.
Presidential Decree No. 2
declaring the entire nation as a land reform area.
Presidential Decree No. 27
decreeing the emancipation of the tenants, transferring to them the ownership of the land they till.
Proclamation No. 131
Instituting a comprehensive agrarian reform program which covers, all public and private
agricultural lands as provided in the Constitution.
Executive Order No. 228
Declaring full landownership to qualif ied beneficiaries covered byPresidential Decree No. 27.
Executive Order No. 229
P r o v i d i n g f o r t h e m e c h a n i s m s f o r t h e i m p l e m e n t a t i o n o f t h e comprehensive
agrarian reform program, creating the Presidential Agrarian Reform Council (PARC).
Executive Order No. 129-A
Modifying Executive Order No. 129, reorganizing and strengthening the Department of Agrarian Reform.
Republic Act No. 6657
- As primary agrarian land reform measure in the country today, its operation covers all public and private agricultural
lands, including other lands of the public domain suitable for agriculture.
CHAPTERIAGRICULTURALLEASEHOLDCONCEPT
A. AGRICULTURAL LAND REFORM CODE (Rep. Act. No. 3844)
REPUBLIC ACT No. 3844 August 8, 1963AN ACT TO ORDAIN THE AGRICULTURAL LAND REFORM
CODE AND TO INSTITUTE LANDREFORMS IN THE PHILIPPINES...REPUBLIC ACT No. 3844AN
ACT TO ORDAIN THE AGRICULTURAL LAND REFORM CODE AND TO
INSTITUTELAND R E F O R M S I N T H E P H I L I P P I N E S , I N C L U D I N G T H E A B O
LITION OF TENANCY AND THEC H A N N E L I N G O F C A P I T A L I N
T O I N D U S T R Y , P R O V I D E F O R T H E N E C E S S A R Y IMPLEME
NTING AGENCIES, APPROPRIATE FUNDS THEREFOR AND FOR OTHER PURPOSES
Section 1.
Title
- This Act shall be known as the Agricultural Land Reform Code.
1. PREFATORY STATEMENTS
The thrust of this legislation is the drastic abolition of share tenancy system. It provided
for the automatic conversion of the sharecropper to the status of an agricultural lessee,
governed by the system of agricultural leasehold which is established either a.) by agreement of the parties,
whether oral or written, or b . ) b y o p e r a t i o n o f l a w . The Agricultural Land Reform Code still finds
application to the following: a) areas which have not come within the operation and implementation of P.D. No.
27;b) agricultural laborers subject to the provisions of the Labor Code; c.) organization
and operation of the Land Bank; d) provisions on resettlements of farmers; e) right to
pre-emption and redemption, with respect to land-owners retained area, should such
landowner decide to sell his tenanted / leased retained area, the tenant has the preferential right to
purchase and / or redeem the same in case the land is sold to a third person without the tenants knowledge
f). right of the tenant / lessee to 75% share from the standing crops;
Three shifts in the mode of acquisition
a.)
The automatic conversion of the status of share tenant to
l e a s e h o l d e r c h a r a c t e r i z e d b y payment of fixed rentals;
b.)
T h e s e c o n d s h i f t w h i c h i s t h e c o n v e r s i o n o f t h
e l e a s e h o l d e r t o a m o r t i z i n g o w n e r , characterized by the
Land Bank purchase of the property with a concomitant obligation imposed on the
tenant-lessee to pay Land Bank on amortization basis the purchase price of the farm holding
c.) T h e t h i r d s h i f t w h i c h c o n v e r t s t h e s t a t u s o f a n a m o r t i z i n g o w n e r i n t o
f u l l o w n e r o r o w n e r - cultivator upon full payment of the remaining balance of the amortization.
Section 3.
Composition of Code
1. An agricultural leasehold system to replace all existing share tenancy systems in agriculture;
2. A system of crediting rental as amortization payment on purchase price;
3. A declaration of rights for agricultural labor;
4. A machinery for the acquisition and equitable distribution of agricultural land;
5. An institution to finance the acquisition and distribution of agricultural land;
6. A machinery to extend credit and similar assistance to agricultural lessees, amortizingowners-cultivators,
owners-cultivator and cooperatives;
7.A machinery to provide marketing, management and other technical assista
n c e a n d / o r services to agricultural lessees, amortizing owners-cultivators, owner-cultivator, cooperatives;
8. A machinery for cooperative development;
9. A department for formulating and implementing projects of agrarian reform;
10 .An expanded program of land
11. Ajudicial system to decide issues arising under this Code.
12 .A machinery to provide legal assistance to agricultural lessees, amortizing owners-cultivator,and
owners-cultivator.
Repayment Scheme and Credit Assistance Jurisdiction on Agrarian Disputes
All agrarian disputes are now under the cognizance of the Department of Agrarian Reform
thru the Agrarian Reform Adjudication Board. The Department of Agrarian Reform Adjudication Board
(DARAB) in turn delegates its functions to the respective Regional and Provincial Adjudicators of the DAR. Any
decision, order, award or ruling of the DAR on any agrarian dispute, may be brought to the Court of Appeals on certiorari
.
Special Agrarian Courts
Under the present law (R.A. No. 6657) all controversies involving the determi
n a t i o n o f j u s t compensation and prosecution of all criminal offenses arising from violations of the
provisions of this Act, fall under the original and exclusive jurisdiction of Special Agrarian Courts.
Bureau of Agrarian Legal Assistance
They shall be responsible for the development of plans and programs for the extension
of legal information to farmers; extension of legal services to them.
DEFINITION OF TERMS Agricultural land
means land devoted to any growth, including but not limited to crop lands, saltbeds,
fishponds, idle land and abandoned land.
Agricultural lessee
means a person who by himself and with the aid available from within his immediate farm
household, cultivates the land belonging to, or possessed by, another with the latters consent.
Agricultural lessor
means a person, lets or grants to another the cultivation and use of his land for a price certain.
Agricultural year
means the period of time required for raising a particular agricultural product.
Farm implements
means hand tools or machineries in a farm enterprise.
Immediate farm household
- means the members of the family of the lessee or lessor and other persons who are dependent upon him for
support.
Proven farm practices
means sound farming practices.
Personal cultivation
means cultivation by the lessee or lessor in person.
Work animals
means animals ordinarily employed in a farm enterprise.
Agrarian dispute
means any controversy relating to terms, tenure or condition of employment,
or concerning an association or representation of persons in negotiating, maintaining, ch
anging or seeking to arrange terms on conditions of employment.
Agricultural owner-cultivator
means any person who, personally cultivates his own land.
Fair rental value
means the value not in excess of allowable depreciation plus 6% interest per annum.
Incapacity
means any cause or circumstance which prevents the lessee from fulfilling hi
s contractual and other obligations under the Code.
Modes of Land Tenure Allowed under R.A. No. 3844
1.Leasehold system
characterized by a tenant farmer personally and actually cultivating the farm holding under a leasehold relationship
whereby the lessee pays a fixed amount of rental whether in cash or in kind to the lessor.
2 . S h a r e t e n a n c y
3.Owner-cultivatorship
Cooperative-cultivatorship
which is a form of agrarian relationship among members of acooperative who work and live on the land as tillers in
common.
Labor administration
which employs laborers and workers on a daily wage basis, and engaged in a large scale
plantation farming of permanent crops by their respective managers.
How Leasehold Relation is Established
1.by agreement of the parties2.by operation of law implementation of R.A.
N o . 3 8 4 4 p r o v i d i n g f o r t h e a b o l i t i o n o f share tenancy.
Parties to Leasehold Relation
1
.
t
h
e
l
a
n
r
2 . t h e
p e r s o n
w h o
i v a t e s
t h e
l a n d .
d
h
o
l
d
p e r s o n a l l y
e
c u l t
1.To cultivate and take care of the farm as a good father of a family
2.To inform the agricultural lessor any trespass committed by third persons upon the farm;
3.To take reasonable care of the work animals and farm implements delivered to him by
the agricultural lessor, he shall be held responsible and made answerable therefore to the extent of the
value of the work animals and / or farm implements at the time of the loss, death
or destruction;
4.To keep his farm and growing crops attended to during the work season. In case of unjustified
abandonment all of the expected produce, any upon order of the court be forfeited in favor of the agricultural
lessor.
5.To notify the agricultural lessor at least three (3) days before the date of harvesting;
6.To pay the lease rental to the agricultural lessor when it falls due. Section 26, R.A. No. 3844, empowers
the lessee to take direct action against any trespasser to the landholding without waiting for the response from the
lessor.
Prohibitions to Agricultural Lessee
a. To contract to work additional landholdings belonging to a different agricultural lessor;
b. To acquire and personally cultivate a family-size farm without knowledge
and consent of theagricultural lesor;
c . To e m p l o y a s u b - l e s s e e .
Termination of Leasehold by the Lessee
1.Cruel, inhuman or offensive treatment of the agricultural lessee by the agricultural
lessor;
2.Non-compliance on the part of the agricultural lessor with any of the obligations
imposed;
3.Compulsion of the agricultural lessee by the agricultural lessor to do any work not in
any wayconnected with farm work;
4.Commission of a crime by the agricultural lessor against the agricultural lessee
5.Voluntary surrender due to circumstances more advantageous to him and his family.
Rights of the Agricultural Lessor
1 . To i n s p e c t a n d o b s e r ve t h e e xt e n t o f c o m p l i a n c e o f
t h e i r c o n t r a c t a n d t h e p r o v i s i o n o f t h i s Chapter;
2.To propose a change in the use of the landholding to other agricultural purposes. In
case of disagreement, the same shall be settled by the Court (Now Adjudication Board)
3 . To a c qu i r e t h e a g r i c u l t u r a l l e s s e e , t o a d o p t i n
h i s p r o v e n f a r m p r a c t i c e s n e c e s s a r y t o t h e conservation of the land, improvement of its
fertility and increase its productivity: That in case of disagreement as to what proven farm practice the
lessee shall adopt, the same shall be settled by the court (now the DARAB);
4 . To m o r t ga ge e xp e c t e d r e n t a l s .
Obligations of the Lessor
1.To keep the lessee in peaceful possession and cultivation of his landholding;
2.To keep intact the permanent useful improvements existing on the landholding. The lessee may
seek relief from the nearest Regional Agrarian Reform Adjudicators (RARAD) or theProvincial Agrarian Reform
Adjudicators (PARAD) to compel the agricultural lessor to comply with this obligation in case of refusal, neglect or resistance on the
part of the lessor.
Prohibition to the Agricultural Lessor
1 . To d i s p o s s e s s t h e a g r i c u l t u r a l l e s s e e o f h i s l a n d h o l d i n g e x c e p t u p o n
a u t h o r i z a t i o n b y t h e court under Section 36.
2.To require the agricultural lessee to assume, the payment of the taxes on the
landholding;
3.To require the agricultural lessee to assume, any part of the rent, to pay to third
persons for the use of the land;
4.To deal with millers or processors without written authorization of the lessee;