AGRARIAN LAWS Agrarian Reform in the Philippines:

Succession:

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R.A. 1199 (SHARE-TENANCY ACT)

Landlord Tenant relationship Reasons for Abolition: 1. 2. 3.

In case of death or permanent incapacity of the lessee, lessor may choose among the ff. within 1 month thereon: Surviving spouse; Eldest direct descendant by consanguinity; or The next oldest descendant or descendants in the order of their age.

1. It does not provide the tenant the necessary incentive for increasing production. 2. It tends to perpetuate primitive methods of agriculture and inefficient use of labor. 3. The prevalence of share-tenancy is cited as the basic cause of low agricultural productivity which is harmful to the economy.

NOTE: Priority shall be in accordance with the order above established in case of failure by the lessor to exercise his right of choice. Principle of Subrogation:

R.A. 3844/6389 (LEASEHOLD SYSTEM)

Aug. 8 1963 - Pres. Diosdado Macapagal Lessor Lessee relationship share tenancy is automatically converted to leasehold & landless farmers are given a chance to own the lands they till. Parties to the Leasehold Contract: 1. Owner-farmer 2. Civil law lessee 3. Usufructuary 4. Legal Possessor Establishment of Leasehold Relation: Implied the toleration by the lessor of the cultivation of his holding by another in the concept of a lessee.

- in case of death or permanent incapacity of the lessor the legal heirs shall be bound by the leasehold. - in case of sale, alienation, or transfer of legal possession of landholding the purchaser or transferee shall be subrogated to the rights and substituted to the obligations of the lessor. Lessees Right of Pre-emption:

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- the preferential right given to the agricultural lessee to buy the landholding under reasonable terms & conditions should the landowner decide to sell the same. - Period: within 180 days from notice in writing which shall be served by the owner on all lessees affected & the Dept. of Agrarian Reform. Lessees Right of Redemption:

NOTE: mere occupancy or cultivation without the consent of the landowner is not enough to establish tenancy relation & confer upon the usurper the legal right to work on the land as tenant & enjoy the protection of security of tenure by the law. (but acceptance by the owner of the produce of the land constitute consent) 2. Expressed/Writing by agreement of the parties. Mutual consent commences the relation arising from the agreement.

- the preferential right given to the agricultural lessee to redeem the landholding sold by the landowner to a third person without the knowledge of the lessee at a reasonable price & consideration. NOTE: It has priority over any other right of redemption like the right of redemption of a co-owner. - Period: within 180 days from the notice in writing which shall be served by the vendee on all lessees affected and the Dept. of Agrarian Reform upon the registration of the sale. NOTE: Pre-emption & redemption can now be exercised over landholdings bought or intended by the owner for conversion into residential, commercial, industrial and other non-agricultural purposes. Where there are two or more agricultural lessee exercising the right, each shall be entitled to the right only to the extent of the area actually cultivated by him.

Security of Tenure: - a farmer under leasehold may not be removed or ejected from the farm except for the causes provided by law. 1. 2. 3. Extinguishment of Leasehold Relations: Abandonment of the landholding without the knowledge of the lessor. Voluntary surrender of the landholding by the lessee. Absence of a successor or heir of the lessee.

Lecture Notes (Atty. Kabristantes class) by: Ma. Pamela Aloha C. Ansalan

AGRARIAN LAWS P.D. 27 (TENANTS EMANCIPATION DECREE)

Oct. 21, 1972 - Pres. Marcos Tenant farmer of lands devoted to rice and/or corn becomes the owner of a portion thereof. Award Ceiling to Farmer Beneficiary: 5 hectares UNIRRIGATED 3 hectares IRRIGATED Owners Right of Retention: 7 hectares EXCEPTION: Letter of Instructions No. 474 (Oct. 21 1976) tenanted rice & corn lands with areas of 7 hectares or less could be placed under land reform if the owners own other agricultural lands or more than seven hectares in aggregate areas, or lands used for residential, industrial, or other urban purposes from which they receive adequate income to support themselves and their families Determination of Cost of Rice/Corn Land: AGP = total of 3 normal crop yrs. 3 AGP (average gross harvest of 3 normal crop years ) x 2.5 x Price Index (palay= P35.00 / Corn= P31.00) = cost of land E.O. No. 228: On July 17, 1987, President Corazon C. Aquino issued E.O. No. 228, declaring full land ownership in favor of the beneficiaries of P.D. No. 27 and providing for the valuation of still unvalued lands covered by the decree as well as the manner of their payment.

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R.A. 6657/9706 (COMPREHENSIVE AGRARIAN REFORM LAW)

June 15, 1988 - Pres. Corazon Aquino Tenant farmer of public or private agricultural lands regardless of tenural arrangements & commodity produced becomes owner. Agrarian Reform Defined: Philippine Veterans Bank vs. CA The jurisdiction of the Regional Trial Courts is not any less "original and exclusive" because the question is first passed upon by the DAR, as the judicial proceedings are not a continuation of the administrative determination. For that matter, the law may provide that the decision of the DAR is final and unappealable. Nevertheless, resort to the courts cannot be foreclosed on the theory that courts are the guarantors of the legality of administrative action. NOTE: RTCs exclusive & original jurisdiction means (1) all petitions for the determination of just compensation to landowner, and (2) prosecutions of criminal offenses under R.A. No. 6657 may be raised for the first time in RTC sitting as SAC.

- the redistribution of lands regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenure arrangement, to include the totality of factors & support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands which will allow beneficiaries to receive a just share of the fruits of the lands they work. Award Ceiling to Farmer Beneficiary: 3 hectares

Lecture Notes (Atty. Kabristantes class) by: Ma. Pamela Aloha C. Ansalan