RA No 3844

What is the Title? Agricultural Land Reform Code (Sec 1)

When is the effectivity 8 August 1963 (Sec 173)
date?
What is/are the 1. To establish owner-cultivatorship and the economic family-size farm as the
purpose/s of the law? basis of Philippine agriculture and, as a consequence, divert landlord
capital in agriculture to industrial development;
2. To achieve a dignfied existence for the small farmers free from pernicious
institutional restraints and practices;
3. To create a truly viable social and economic structure in agriculture
conducive to greater productivity and higher farm incomes;
4. To apply all labor laws equally and without discrimination to both industrial
and agricultural wage earners;
5. To provide a more vigorous and systematic land resettlement program and
public land distribution; and
6. To make the small farmers more independent, self-reliant and responsible
citizens, and a source of genuine strength in our democratic society. (Sec.
3)
Briefly state the 1. An agricultural leasehold system to replace all existing agricultural share
composition of the tenancy systems;
Code. 2. A declaration of rights for agricultural labor;
3. An authority for the acquisition and equitable distribution of agricultural
land;
4. An institution to finance the acquisition and distribution of agricultural
land;
5. A machinery to extend credit and similar assistance to agriculture;
6. A machinery to provide marketing, management, and other technical
services to agriculture;
7. A unified administration for formulating and implementing projects of
land reform;
8. An expanded program of land capability survey, classification, and
registration; and
9. A judicial system to decide issues arising under this Code and other
related laws and regulations. (Sec. 3)
The Code The existing share tenancy contracts may continue in force and effect in any
contemplates the region or locality, to be governed in the meantime by the pertinent provisions
abolition of of RA No. 1989, as amended, until the end of the agricultural year when the
Agricultural Share National Land Reform Council proclaims that all the government machineries
Tenancy. What will be and agencies in that region or locality relating to leasehold envisioned in this
the effects, if any, to Code are operating, unless such contracts provide for a shorter period or the
all existing share tenant sooner exercises his option to elect the leasehold system. (Sec. 4);
tenancy contracts
upon the effectivity of If a lawful leasehold tenancy contract was entered into prior to the effectivity
this Code? of this Code, the rights and obligations arising therefrom shall continue to
subsist until modified by the parties in accordance with the provisions of this
Code. (Sec. 4)
Suppose an Yes. X may still continue cultivating the land despite the fact that the
Agricultural Share Agricultural Share Tenancy Contract he entered into ceases to be operative
Tenancy contract was upon express provision of RA. No. 3844. Instead of having entered into such
entered into by the tenancy contract, X is presumed to have entered into a leasehold agreement
parties after 8 August “without any without prejudice to the right of the landowner and the former
1963 (the effectivity of tenant to enter into any other lawful contract in relation to the land formerly
this Act). Despite its under tenancy contract, as long as in the interim the security of tenure of the
abolition, the X, a former tenant under RA No. 199, as amended, and as provided in this Code, is
farmer and a party to not impaired.” (Sec. 4)
such contract,
continued to cultivate
the land subject of
such contract. Would
X’s operation subsist?
What are the rights The agricultural lessee shall be entitled to the following rights once agricultural
given to agricultural leasehold relation is established:
lessee once the 1. The right to continue working on the landholding until such
agricultural leasehold leasehold relation is extinguished; and
relation is 2. The right to security of tenure on his landholding and cannot be
established? ejected therefrom unless authorized by the Court for causes herein
provided. (Sec. 7)

Moreover, the agricultural lessee is entitled to the following rights as may be

found in several provisions under the law:
1. The right of pre-emption (Sec. 11) in case the agricultural lessor
sold his landholding.
2. The right of redemption (Sec. 12) in case the agricultural lessor
soldhis landholding without the knowledge of the lessor.

In what instances can The agricultural leasehold relation established under this Code shall be
the leasehold relation extinguished by:
established under this 1. Abandonment of the landholding without the knowledge of the
Code be extinguished? 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. (Sec. 8)
Is the agricultural No. The leasehold shall continue between the agricultural lessor and the
leasehold extinguished person who can cultivate the landholding personally, chosen by the agricultural
by the death or lessor within one month from such death or permanent incapacity, from
personal incapacity of among the following: (a) the surviving spouse; (b) the eldest direct descendant
the agricultural by consanguinity; or (c) the next eldest descendant or descendants in the order
lessee? of their age. (Sec. 9)

In case the death or permanent incapacity of the agricultural lessee occurs

during the agricultural year, such choice shall be exercised at the end of that
agricultural year. (Sec. 9)
 In the event the agricultural lessor fails to exercise his choice within the
periods herein provided, the priority shall be in accordance with the order
herein established. (Sec. 9)
Is the agricultural No. In case of death or permanent incapacity of the agricultural lessor, the
leasehold extinguished leasehold shall bind his legal heirs. (Sec. 9)
by the death or
personal incapacity of
the agricultural lessor?
Is the agricultural No. The agricultural leasehold relation under this Code shall not be
leasehold extinguished extinguished by mere expiration of the term or period in a leasehold contract.
upon the expiration of (Sec. 10)
the term or leasehold
contract?
Is the agricultural No. The agricultural leasehold relation under this Code shall not be
leasehold extinguished extinguished by… the sale, alienation or transfer of the legal possession of the
upon the sale, landholding. In case the agricultural lessor sells, alienates or transfers the legal
alienation or transfer possession of the landholding, the purchaser or transferee thereof shall be
of legal possession of subrogated to the rights and substituted to the obligations of the agricultural
the landholding? lessor. (Sec. 10)
An agricultural lessor No. The agricultural lessee shall have the preferential right to buy the
decides to sell the landholding which the lessor decides to sell under reasonable terms and
property to a third conditions: Provided, That the entire landholding offered for sale must be pre-
person. Meanwhile, empted by the Land Authority if the landowner so desires, unless the majority
the agricultural lessor of the lessees object to such acquisition. (Sec. 11); Provided further, that such
wanted to buy the right to pre-emption (as well as the right to redemption), cannot be exercised
same. Can the over landholdings suitably located which the owner bought or holds for
agricultural lessor conversion into residential, commercial, industrial or other similar non-
refuse to accept the agricultural purposes. (Sec. 14), subject to certain exceptions as may be
lessee’s proposal? provided by this Code.

The right of pre-emption under this Section may be exercised within ninety
days from notice in writing which shall be served by the owner on all lessees
affected. (Sec. 11)

Suppose in the Where there are two or more agricultural lessees, each shall be entitled to said
previous question, preferential right only to the extent of the area actually cultivated by him. (Sec.
how does the right of 11)
pre-emption go about
in case there are two The right of pre-emption under this Section may be exercised within ninety
or more agricultural days from notice in writing which shall be served by the owner on all lessees
lessees concerned? affected. (Sec. 11)
An agricultural lessor The agricultural lessee may exercise his right to pre-emption: he “shall have
sold the landholding the right to redeem the [entire landholding sold] at a reasonable price and
without the consideration. (Sec. 12)
knowledge of the
agricultural lessee. Such right of redemption may be exercised within two years from the
What are the rights, if registration of the sale, and shall have priority over any other right of legal
any, of the agricultural redemption. (Sec. 12)
lessee?
Moreover, the right of redemption cannot be exercised over landholdings
suitably located which the owner bought or holds for conversion into
residential, commercial, industrial or other similar non-agricultural purposes.
(Sec. 14), save some certain exception as provided by the law.
Suppose in the Where these are two or more agricultural lessees, each shall be entitled to said
previous question, right of redemption only to the extent of the area actually cultivated by him.
how does the right of (Sec. 12)
pre-emption go about
in case there are two Such right of redemption may be exercised within two years from the
or more agricultural registration of the sale, and shall have priority over any other right of legal
lessees? redemption. (Sec. 12)

Can the right of pre- Generally, no. The agricultural lessee cannot exercise right of pre-emption and
emption and/or redemption on lands to be converted into residential, industrial, and similar
redemption be non-agricultural purposes, unless such “conversion be in good faith and is
exercised to land to be substantially carried out within one year from the date of sale.” (Sec. 14)
converted into
residential, industrial The tenure of one year shall cease to run from the time the agricultural lessee
and similar purposes? petitions the Land Authority to acquire the land under the provisions of
paragraph 11 of Section 51. (Sec. 14)
Suppose the …[]The agricultural lessee shall have the right to repurchase under reasonable
agricultural lessor terms and conditions said landholding from said owner within one year after
(landowner) failed to the aforementioned period for conversion [within pn year from date of the
comply with above sale] has expired. (Sec. 14)
condition (that is, he
did the conversion of The tenure of one year shall cease to run from the time the agricultural lessee
his land for residential, petitions the Land Authority to acquire the land under the provisions of
industrial, or similar paragraph 11 of Section 51. (Sec. 14)
non-agricultural
purposes), what are
the remedies which
lessee may avail?