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Land Reform vs. Agrarian Reform • Reform – “connotes change from the existing agrarian condition of the country; it implies the existence of shortcomings and defects which very urgently necessitate corrective measures (Quijano, 5.a.5.a.)

Land Reform

Agrarian Reform

“[i]n a limited sense refer to Land Ownership- “[r]efers to the relationship that exist between the earth where we live and which we cultivate man and his land a well as that between man (Quijano, 5.a.5.b)” and fellow countryman. It denotes not only private ownership of land and its accompanying problems but all possible

undertaking which will improve the lot of man, the tiller of the soil (Quijano, 5.a.5c.)” Land Reform is the physical redistribution of land such as the program under PD 27 – DECREEING THE EMANCIPATION OF TENANTS FROM THE BONDAGE OF THE SOIL, TRANSFERRING TO THEM THE OWNERSHIP OF THE LAND THEY TILL AND PROVIDING THE INSTRUMENTS AND MECHANISM THEREFOR (Atty. Joy Casis, CARL Outline, December 2010) “means the redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of stock, which will allow beneficiaries to receive a just share of the fruits of the lands they work. [Section 3 (a) of RA 6657] “Land Reform Plus Man Reform (Quijano, 5.a.3.a.)

5. D.e. cultivates the land belonging to or possessed by.5. C. Agricultural tenancy is the physical possession by a person of land devoted to agriculture. "A tenant shall mean a person who himself and with the aid available from within his immediate farm household. Land Tenure Improvement Program — Regulation of private ownership of lands.a. . Stages of Philippine Agrarian Reform A. Institutional Development — Establishment of Farmers Cooperative and organizing farmers into effective production units. belonging to or legally possessed by another for the purpose of production through the labor of the former and of the members of his immediate farm household in consideration of which the former agrees to share the harvest with the latter or to pay a price certain or ascertainable. Share Tenancy 1. school building and social and recreational facilities. ports.. Agricultural Development — aims at increasing the production capabilities of farmers especially the emancipated tenant-tillers. irrigation system. Human Resource Development-Clientele and personal training which aims to increase the capabilities of the farmers. Physical Development — needed infrastructure i. Components of Agrarian Reform A. E. electrification.) III.II. RA 1199 – The Agricultural Tenancy Act of the Philippines (1954) 2. (Quijano. or in both [Section 3 of RA 1199] 3. either in produce or in money.d. roads. the landowner and the community at large to work toward growth and increasing the competencies of the government worker or change-agent who is entrusted with the implementation of the program. B.

" (Sec. final The tenant/lessee is the sole manager. work animals. natural or judicial. in proportion to their contributions. Leasehold tenancy b. the tenant cultivating ." (Sec. (a). RA 1199) 5. G. with the latters consent for purpose of production. who either as owner. usufructuary. Elias Adillo. November 27. 5. No.another. The tenant and the landholder are co- managers The tenant/lessee gets the whole The tenant and landholder divide the produce with the mere obligation to harvest pay a fixed rental. and transplanting. sharing the produce with the landholder under the share tenancy system. "A landholder shall mean a person. Sharehold tenancy Leasehold tenancy Sharehold Tenancy Tenant/lessee always shoulder all The tenant shoulders labor + any of items of production except the land the items of contributions such as farm implements. L-23785. 5 (b). RA 1199) 4. lessee. or paying the landholder a price certain or ascertainable in produce or in money or both. (People vs. under the leasehold tenancy. with either or both contributing any one or several of the items of production.exist whenever two persons agree on a joint undertaking wherein one party furnishes the land and the other his labor. or legal possessor. Share tenancy .R. 1975) 6. lets or grant to another the use or cultivation of his land for a consideration either in shares under the share tenancy system or a price certain or ascertainable under the leasehold tenancy system. Types of tenancy relation a. harrowing.

(Rodinas vs. There is sharing of harvest or payment of rentals. (Caballes vs. 14 of the Tenancy Act (RA 1199). The parties are the landholder and the tenant. RA 1199). 41. b. e.R. CA. Rules on sharing of crops other than Rice." (Sec. 172 (RA 3844) which ordains that "all laws or parts of any law inconsistent with this Code are hereby repealed. whereas Sec. The inconsistency is resolved by Sec. The subject is agricultural land. RA 1199) a. 9. 1976) . There is consent. Chapter III. f. Sec. 04595-98-SP. 35 (RA 3844) exempts coconut lands from leasehold. 168 SCRA 247. 198 SCRA 247). July 16. Custom of the place c. b. grants the tenant the option to elect the leasehold tenancy. Essential Elements of Tenancy Relationship: a. Qua vs. There is personal cultivation. G. Court of Appeals. The purpose is agricultural production. 4. Fuentes.the land personally with the aid of labor available from members of his immediate farm household and the produce thereof to be divided between the landholder and the tenant in proportion to the respective contributions. (Sec. Contract stipulating the ratio of crop division. Minimum share of the tenant is thirty percent of the harvest of produce. 7. d. c. 8. DAR. Nos.

Agricultural lessee – cultivates the land belonging to or possessed by another with the latter consent for purposes of production. (Sec. 3. Parties in Agricultural Leasehold a. Orally or in writing. RA 3844. 2. Obligations of the Agricultural Lessee (Duties and Responsibilities (Sec. Perform all work in accordance with the proven farm practices. civil law lessee. Agricultural landlord/lessor – the person (natural or juridical) who furnishes the land as an owner. Inform the lessor of trespass committed by 3rd persons w/o prejudice to his direct action against the trespasser. usufructuary. 3. growing crops & other improvements. express or impliedly. RA 3844). Agricultural leasehold in general: a. The agricultural leasehold relation shall be established by: 1. RA 3844) b. or legal possessor who lets or grants to another the cultivation and use of his land for a price certain b. 5. those intended or by another without the knowledge and consent of the lessor.B. Cultivate and Take care of the farm. Take reasonable care of work animals and farm implements delivered to him by the lessor and see to it that it is not used for purposes than. Operation of law in accordance with Sec. 4. RA 3844 – Agricultural Land Reform Code of the Philippines (August 8. . Agricultural Leasehold 1. for a price certain in money or in produce or both. 1. 26. 2. 1963) 2.

Or will convert the landholding into residential. Keep the farm and growing crops attended to during the work season. school site or other useful nonagricultural purposes. 36) — The agricultural lessee shall continue in the ENJOYMENT and POSSESSION of his landholding except if his dispossession is authorized by the Court in a judgment that is final and executory if after due hearing it is shown that: 1. hospital. Possession of Landholding. 7. 00975-R. 22. or in the kind of crops planted. RA 3844) 1. To Propose a change in the use of the landholding to other agricultural purposes. The agricultural lessor-owner or a member of his family will personally cultivate the landholding (Amended by Sec. Rights of the Agricultural Lessor (Sec. 3.4. improvement of the fertility and increase in productivity. 1975). 2. CA-G. 5. To Inspect and observe the extent of compliance with the terms and conditions of the leasehold contract. To Mortgage Expected rentals. 4. d. RA 6389 (Amendment) The tenant have the right to demand possession and claim damages if the landholder is in Bad Faith by not cultivating the land himself for three . c. to adopt proven farm practices necessary to the conservation of the land. Provided that Disturbance Compensation equivalent to five times the average of the gross harvest on his landholding during the last five preceding calendar years (Sec. No.R. Oct. (Sec. Exceptions. Sequi vs. RA 6389. factory. To pay the lease rentals to the lessor when it falls due. 7. Vera. To require the lessee. 29.

The agricultural lessee failed to adopt proven farm practices. it cannot be a ground for dispossession although the obligation to pay the rental due that particularly crop is not thereby extinguished. vs. The land or other substantial permanent improvement is substantially damaged or destroyed or has unreasonably deteriorated through the fault or negligence of the agricultural lessee. The agricultural lessee does not pay the lease rental when it falls due provided that if non-payment is due to crop failure to the extent of 75% as a result of fortuitous event. 6. 7. The agricultural lessee planted crops or used the landholding for a purpose other than what had been previously agreed upon.. . 5. The lessee employed a sub-lessee on the landholding. Voluntary surrender of the landholding by the agricultural lessee. Macaraeg. 27 SCRA 7 (1969)) 2. 2. The agricultural lessee failed to substantially comply with any of the terms and conditions of the contract or any provision of this Code unless his failure is causes by fortuitous event or force majeure.years or fails to substantially carry out such conversion within one year after the dispossession of the tenant. 3. (Teodoro vs. e. Extinguishment of Agricultural Leasehold Relation 1. written notice of which shall be served three months in advance (Nisnisan. 294 SCRA 173 (1998)). 4. et al. Abandonment of the landholding without the knowledge of the agricultural lessor. CA.

prescribed penalty for the unlawful ejectment. No.1973). 4. 816 (October 21. 9 to succeed to the lessee in the event of death or permanent incapacity of the lessee. 3.D. salient points: . exclusion. 1975) penalized any agricultural lessee of rice and corn lands under PD 27 who deliberately refuses or continue to refuse to pay rentals or amortization when they are due and remain unpaid within a period of two years. 27. No. removal or ouster of tenant-farmers from their landholdings. occupation.D. P.3. Absence of a person under Sec. 152 (March 31. Under this Decree any tenant who refuses to enter into leasehold contract may be prosecuted before the Court of Agrarian Relations. improvement and cultivation of public lands. 583 (November 10. 5.D. No. f. P. 1425 (June 10. Full Ownership 1. Prohibits the employment or use of sharetenants in complying with the requirements of the law regarding entry.D. No. P. Other related laws and issuances: 1. 1976) prohibited and penalized the contracting of share tenants in all agricultural land covered by P.D. 1978) strengthened the prohibition against the practice of share tenancy and providing penalties thereof. 27 – The Land Reform Program. No. C. 1040 (October 21.D. 2. 1974). P.D. P. P.

The tenant-farmer is DEEMED OWNER of a family size farm of five (5) hectares if not irrigated and three (3) hectares if irrigated. The landowner may retain an area of not more then seven (7) hectares if he is cultivating such area or will now cultivate it. The TITLE to the land owned by the tenant shall not be transferable except BY HEREDITARY SUCCESSION or TO THE GOVERNMENT in accordance with this Decree.a. It applies to TENANT-FARMERS of private agricultural lands primarily devoted to rice and corn under a system of share-crop or lease tenancy. f. The FARMER'S COOPERATIVE pays the amortization if the tenant defaults in payment of amortization. The value if the land shall be equivalent to two and one half (2-1/2) times the AVERAGE DECREE. h. e. g. the Code of Agrarian Reform and other existing laws and regulation. including interest of six (6) percent per annum in FIFTEEN (15) YEARS of fifteen (15) equal annual amortizations. The cooperative shall have a RIGHT OF RECOURSE against the member tenant. The tenant shall pay for THE COST OF THE LAND. 228 of July 17. HARVEST OF THREE THE NORMAL CROP OF YEARS THIS IMMEDIATELY PRECEDING PROMULGATION . Aquino. NOTE: The period is extended to twenty (20) years equal annual amortization under Sec. c. Corazon C.O. whether classified as land estate or not. E. d. 1987 by Pres. 6. The Department of Agrarian Reform through its Secretary is hereby empowered to promulgate rules and regulations for the implementation of this Decree. b.

rural development. and industrialization.2. .A. 6657 – Comprehensive Agrarian Reform Law of 1988 – The purpose of the law is to attain agrarian reform. R.