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Agrarian Law by Barte: A. Definitions and Terms
Agrarian Law by Barte: A. Definitions and Terms
by
Barte
INTRODUCTION
AGRARIAN STRUCTURE
Refers to that complex set of relationships within the agricultural sector between
tenure structure, production structure and structure for supporting
services.
HISTORICAL BACKGROUND
Even before the Spaniard came into these Island, the idea of private ownership
of land was not prevalent. 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
land and 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.
The State shall, by law, undertake an agrarian reform program founded on the
right of the farmers and regular farmworkers, who are landless, to own directly or
collectively the lands they till or, in the case of other farmworkers, to receive a
just share of the fruits thereof. (Art. XIII, Social Justice and Human Rights, Sec.
4).
Commonwealth Act. No. 103 created the Court of Industrial Relations (CIR)
which exercised jurisdiction over disputes arising from relationship between
agricultural workers and landowners.
Commonwealth Act. No. 213 deals with the right to form legitimate labor
organizations and to enter into collective bargaining agreements between
management and labor.
Commonwealth Act No. 178 which improved the provision of Act No. 4054
the Rice Share Tenancy Act, giving more teeth and protection to the rights of
tenants of agricultural lands.
Republic Act. No. 34 amended certain Sections of the Rice Share Tenancy
Act providing for a 70 30 crop sharing method.
Republic Act No. 1160 established the National Resettlement and
Rehabilitation Administration (NARRA) of landless dissidents and other landless
farmers.
Republic Act No. 1199 (Agricultural Tenancy Act) infused an added boost to
the tenurial rights of tenant tiller.
Land Reform Act (R.A. No. 1400, 1955) - guaranteed the expropriation of all
tenanted landed estates. It set a retention limit of 300 hectares for individually
owned estates, and 600 hectares for corporate owned estates.
Republic Act. No. 1267 An Act Creating the Court of Agrarian Relations to try
and decide all matters arising from the relationship of persons in the cultivation
and use of agricultural lands.
Republic Act. No. 3844 marked the abolition of share tenancy and / or the
system of share cropping between landowner and tenant, and the automatic
conversion of share tenants into leaseholders.
Republic Act No. 6389 (Code of Agrarian Reforms) an improvement of R.A.
No. 3844, this amendatory Act featured the creation of the Department of
Agrarian Reforms (DAR).
Agrarian Reform Special Fund Act (Rep. Act. No. 6390) 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.
CHAPTER I
AGRICULTURAL LEASEHOLD CONCEPT
A. AGRICULTURAL LAND REFORM CODE (Rep. Act. No. 3844)
REPUBLIC ACT No. 3844 August 8, 1963
AN ACT TO ORDAIN THE AGRICULTURAL LAND REFORM CODE AND TO
INSTITUTE LAND REFORMS IN THE PHILIPPINES...
REPUBLIC ACT No. 3844
AN ACT TO ORDAIN THE AGRICULTURAL LAND REFORM CODE AND TO
INSTITUTE LAND REFORMS IN THE PHILIPPINES, INCLUDING THE
ABOLITION OF TENANCY AND THE CHANNELING OF CAPITAL INTO
INDUSTRY, PROVIDE FOR THE NECESSARY IMPLEMENTING 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. by operation of law.
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;
c.
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,
amortizing owners-cultivators, owners-cultivator and
cooperatives;
7. A machinery to provide marketing, management and other technical
assistance and / or services to agricultural lessees, amortizing ownerscultivators, 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. A judicial 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
1.
2.
the landholder
the person who personally cultivates the land.
The absence of one does not make an occupant of a parcel of land or a cultivator
thereof, a de jure tenant, hence cannot invoke the defense of security of tenure.
What then constitutes as family-size farm so as to give rise to tenancy
relationship?
Family-size farm an area of farmland that permits efficient use of labor and
capital resources of the farm family and will produce an income sufficient to
provide a modest standard of living to meet a farm familys needs for food,
clothing, shelter, and education with possible allowance for payment of yearly
installments on the land, and reasonable reserves to absorb yearly fluctuations in
income.
What now is the effect of the law to cultivator-tiller of a less than family-size
farms?
Such landholder-tiller or tiller-sharer, is at most considered as a mere caretaker
before the eyes of the law who is not entitled to the security of tenure.
Should the landholding be sold or alienated to a new owner, what happens
to the rights and obligations of the transferee and his heirs?
The transferee and his heirs are subrogated to the rights and obligations of the
former landowner. However, the change of landowner cannot be allowed to raise
the status of a mere caretaker or tiller sharer to that of an agricultural tenant
and leaseholder.
Causes for Extinguishment of Leasehold Relation
1. Abandonment of the landholding;
2. Voluntary surrender of the landholding;
3. Absence of successor or qualified heir, in case of death or permanent
incapacity of the lessee;
4. Judicial ejectment of the lessee;
5. Acquisition by the lessee of the landholding;
6. Termination of the leasehold under Sec. 28;
7. Mutual consent of the parties;
8. Conversion of the landholding for non-agricultural purposes.
Obligations of the Lessees
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 lanholdings belonging to a different
agricultural lessor;
b. To acquire and personally cultivate a family-size farm without knowledge
and consent of the agricultural lesor;
c. To employ a sub-lessee.
Termination of Leasehold by the Lessee
1.
2.
3.
4.
5.
within one hundred eighty (180) days from notice in writing, which shall be served
by the owner on all lessees affected and the Department of Agrarian Reform.
He must either tender payment of, or present a certificate from the Land Bank
that it shall make payment pursuant to Sec. 80 of this Code. If the latter refuses
to accept such tender or presentment, he may consign it with the Court.
Any dispute as to reasonableness of the terms and conditions, may be brought
by the lessee or by the Department of Agrarian Reform to the proper Court of
Agrarian Relations.
Comments:
The right of pre-emption as distinguished from redemption, is the right to
purchase the property from the agricultural lessor by the lessees which is
exercised before it is sold to a third person other than the lessee.
The lessee may consign the purchase money with the Department of Agrarian
Reform.
Lessees Right of Redemption
In case the landholding is sold to a third person without the knowledge of the
agricultural lessee, the latter shall have the right to redeem the same at a
reasonable price and consideration: where there are two or more agricultural
lessees, each shall be entitled to said right of redemption only to the extent of the
area actually cultivated by him. The right of redemption under this Section may
be exercised within one hundred and eighty days from notice in writing.
Upon the filing of the petition, the said period o one hundred and eighty days
shall cease to run.
Any petition shall be resolved within sixty days.
The Department of Agrarian Reform shall initiate, while the Land Bank shall
finance, said redemption as in the case of pre-emption.
Right to Self-organization
The farmworkers shall have the right to self-organization and form, join or assist
farmworkers organizations of their own choosing for the purpose of collective
bargaining through representatives of their own choosing.
Bill of Rights for Agricultural Labor:
1. Right to self organization;
2.
3.
4.
5.
6.
7.
Comments:
The right to self organization includes the right to strike and hold picket in order
to compel the management in the case of large scale plantations and
multinational corporations to meet the demands of the farm workers for wage
increase and better working conditions.
Irrigation Facilities
Permanent irrigation system may be constructed at the expense of the lessor:
1. Should the lessor refuse to bear the expenses, he should not be entitled
to the increase in rental and shall upon the termination of the leasehold
relationship pay the lessee or his their the reasonable value of the
improvements at the time of the termination;
2. Should the lessor bear expenses he shall be entitled to an increase in the
rental proportionate to the resultant increase in production.
Management of Irrigation System
1.
2.
2.
3.
25% of the average normal harvest shall be the amount of rental for
ricelands or estimated normal harvest during the three (3) agricultural
years immediately preceding the establishment of the leasehold after
deducting the expenses for seeds, cost of harvesting, threshing, loading,
hauling and processing;
Average normal harvest for three (3) preceding years.
No agreement as to rental the court (now DAR) shall fix a provisional
rental until fixed rental is determined within (30) days from submission of
the case for decision.