LEASEHOLD SYSTEM:
O THIS IS A MODE OF LAND TENURE ALLOWED UNDER RA
NO. 3844
O THIS SYSTEM IS CHARACTERIZED BY A TENANT-
FARMER PERSONALLY AND ACTUALLY CULTIVATING
THE FARMHOLDING UNDER A LEASEHOLD
RELATIONSHIP WHERBY THE LESSEE PAYS A FIXED
AMOUNT OF RENTAL WHETHER IN CASH OR IN KIND
TO THE LESSOR (OWNER OR LEGAL POSSESSOR OF
THE LAND)
O PD 27 DISALLOWS LEASEHOLD SYSTEM WITH RESPECT
TO AREAS DEVOTED TO RICE AND CORN IN EXCESS OF
SEVEN (7) HECTARES COVERED BY OPERATION LAND
TRANSFER.
CREATION OF LEASEHOLD RELATIONSHIP:
O BY AGREEMENT OF THE PARTIES (BETWEEN LESSOR
AND LESSEE)
O BY OPERATION OF LAW
- THIS IS BROUGHT ABOUT BY THE IMPLEMENTATION
OF RA NO. 3844 PROVIDING FOR THE ABOLITION OF SHARE
TENANCY.
SAMPLE CASE:
B , AN AGRICULTURAL WORKER, VOLUNTEERED TO TILL THE
LAND OF A, A RICH, POWERFUL AND FAMOUS BUSINESSMAN
FROM CEBU. BECAUSE OF BS PASSION IN CULTIVATING THE
LAND AND HIS DESIRE TO MAKE AS LAND PRODUCTIVE, THE
RICH MAN DID NOT OBJECT THE CULTIVATION OF HIS 5
HECTARES LAND BECAUSE OF THE FACT THAT THIS POWERFUL
MAN HAD RECEIVED MANY BENEFITS IN THE PAST THROUGH BS
ACTS.
OTB PLUS 10 RULE!
CHECK IF:
IS THERE OBJECTION TO THE CONTINUED CULTIVATION OF
THE LAND FROM THE LANDOWNER?
IS THERE TOLERATION TO THE CONTINUED CULTIVATION
THEREOF BY THE AGRICULTURAL WORKER?
IF THE LANDHOLDER CONTINUES TO RECEIVE BENEFITS FROM
THE CULTIVATION OF THE LAND
- IF THE LANDOWNER ALLOWS ANOTHER TO CULTIVATE HIS
LAND IN THE CONCEPT OF TENANT FOR THE PERIOD OF 10
YEARS (SUMEA VS. JUMAQUIO,ET AL., CASE NO. 30-BULACAN,
FEB 28, 1957)
PARTIES TO THE LEASEHOLD RELATION:
O LANDOWNER WHO IS EITHER THE LAWFUL OWNER
OF THE LAND, OR THE LEGAL POSSESSOR OR WHO
MAY BE A LESSEE OR USUFRUCTUARY UNDER THE
CIVIL LAW CONCEPT
O PERSON WHO PERSONALLY CULTIVATES THE LAND
Essential Elements of Tenancy Relationship
1) The parties are the landholder and the tenant;
2) The subject is agricultural land;
3) There is consent;
4) The purpose is agricultural production;
5) There is personal cultivation;
6) There is sharing of harvest or payment of rentals.
(Caballes vs. DAR, 168 SCRA 247; Qua vs. Court of
Appeals, 198 SCRA 247.)
ESSENCE:
1. Essentially personal
2. Nature of an in rem or real relationship
The agricultural lessor and the agricultural lessee shall be FREE
to ENTER into any kind of TERMS, CONDITIONS or
STIPULATIONS in a LEASEHOLD CONTRACT as long as they
are not contrary to LAW, MORALS OR PUBLIC POLICY. Sec. 15
Republic Act No. 3844
Agricultural Leasehold shall apply to all tenanted agricultural
lands, including but not limited to the following
Retained areas under R.A. 6657 and P.D. 27;
Tenanted Agricultural Lands not yet acquired for
distribution under CARP pursuant to RA 6657;
All tenanted areas under Section 10 of RA 6657 which
may be covered by this Order. (Administrative Order No.
4, Series of 1989)
Doctrine on Security of Tenure
The agricultural leasehold relation under this Code shall not be
extinguished by MERE EXPIRATION OF THE TERM OR PERIOD
in a leasehold contract nor by the SALE, ALIENATION OR
TRANSFER of the legal possession of the landholding. and that,
In case the agricultural lessor SELLS, ALIENATES, OR
TRANSFER the legal possession of the landholding, the
PURCHASER OR TRANSFEREE thereof shall be subrogated to
the right and substituted to the obligations of the agricultural
lessor. Sec. 10, RA 3844,
Retention of ownership of the land:
In Leasehold Tenancy, the Landowner or agricultural lessor
RETAIN OWNERSHIP of the subject landholding. The landowner
EXERCISES the ATTRIBUTED OF OWNERSHIP.
Transferability of Landholding:
1. Sale, Alienation or Transfer of the legal possession
of the landholding.
2. Extinguishment of Agricultural Leasehold Relations
Sec. 8, RA 3844
a) Abandonment
b) Voluntary Surrender
Extinguishment of Agricultural Leasehold Relation
1.) Abandonment of the landholding without the
knowledge of the agricultural lessor;
2.) Voluntary surrender of the landholding by the
agricultural lessee, written notice of which shall be served three
months in advance; or
3.) Absence of the persons under Section nine to
succeed to the lessee, in the event of death or permanent
incapacity of the lessee.
Agricultural Leasehold Relation Not Extinguished by Death or
Incapacity of the Parties
Such person shall be chosen by the lessor within one month from
such death or permanent incapacity from the following:
1.) the surviving spouse;
2.) the eldest direct descendant by
consanguinity; or
3.) the next eldest descendant or
descendants in the order of their age.