AGRARIAN REFORM AND OTHER SOCIAL o 3 kinds:

LEGISLATION  Farmers (usually have higher

Atty. Glenn Capanas priority) & Regular
farmworkers – both have
Meaning of Social Legislation right to own but no more
 Laws that seek to promote the common distinction.
good, generally by protecting and assisting  Other farm farmworkers –
the weaker members of society. just fruits of the land. **in
 Common good = social justice the law, have right to own
 In the case of agrarian reform – 2 principal already.
parties: o The law itself as implemented and
o Landowner worded, even if the farmers do not
o Farmers (1935 constitution– tenants till the land, the land can be
-> individuals) awarded to them without a pre-
 Weaker members in terms of requisite of tilling the land.
ownership of the land (i.e. o How is right to own the land
enjoyment) since they do not enforced? Through SALE ---
own those parcels of land.  Voluntary (offer)
 SSS, ECL, GSIS –  No hassles,
o Employer landowner will
o Employee execute Deed of
 Weaker member (context of Absolute Sale in favor
opportunities, advantages, of the government
capital, profit, power)  Gov’t will now choose
Construction qualified ARB
 Construed in favor of the promotion of (Agrarian Reform
social justice Benefaciary) via DAR
 Social Justice – Calalang vs. Williams Case (Department of
Agrarian Reform)
The Constitutional Provisions of Agrarian Reform o ARB will pay
(Article XIII) the govt
 Sec 4 – the state shall by law undertake an annual
agrarian reform program (RA 6657 - CARL) ammortizatio
founded on the right of farmers and regular n with
farmworkers whoa re landless to own the reasonable
lands they till and receive a just fruits interest
they’re entitled thereof.  Involuntary (government
o Constitution itself recognizes that constrained to forced sale or
there is inequality between the expropriation)
principal parties o Sec 4 provides for 2 major
o Agrarian Farmers have the RIGHT TO limitations:
OWN THE LAND THEY TILL
  Retention Limit shall be
prescribed by Congress (at 5
hectares)
 JUST COMPENSATION
o PROCESS:
 Notice of Coverage
 Initial Determination of Just
Compensation
o **No choice**
 Register
 Publication
o RTC - just compensation and
criminal prosecution
o Outside of that – jurisdiction of DAR
 Section 5. SUPPORT SERVICES
o 1973 talks about emancipation of
tenant from bondage of the soil
 RA 3844 – abolished shared
tenancy
 There was this
relationship
institutionalized by
the government –
LEASEHOLD
 But no support services.
o Why are the farmers given the right
to own?
 Uplift standards of living.
 There should be support –
capital, mechanism,
o Coverage of Support Services:
 Irrigation system
 Road Construction
 Facilities
 Section 6. RESPECT FOR, AMONG OTHER
THINGS, HOMESTEAD RIGHTS (another
imitation of CARL)
o If a person is a holder of a
homestead title – cannot be covered
by CARL
 Section 7. SUBSISTENCE FISHERMEN *not
relevant to agra*
 Section 8. Incentive to landowners
June 30, 2014
RA 3844
Extinguishment of relation (Sec. 8)
1. Abandonment of the landholding without
the knowledge of the agri lessor
2. Voluntary surrender of the landholding by
the agricultural lessee, written notice of
which shall be served three months in
advance (lack of notice would not be strictly
construed against the lessee; different case
if the heirs of the lessee are involved);
3. Absence of the persons under section 9 to
succeed to the lessee, in the even of death
or permanent incapacity of the lessee.
Legal Redemption (Sec 12) - Lessee’s right of
redemption.
Po. V. Dampal
Grounds to dispossess a lessee (Sec 36.)
**Civil law lessee, agricultural lessee, agrarian
reform lessee – not so accurate
 Failure to substantially comply with terms
and conditions unless by fortuitous events.
 Planting of crops or use land for other
purpose than that agreed
 Failure to adopt proven farm practices to
conserve land
 Fault or negligence resulting in substantial
damage
 Does not pay rental when due-
o SC: willfull and deliberate AND must
have lasted at least 2 years (PD 816)
 Employed a sublessee
Check case: Sta. Ana v. Carpo; Natividad vs.
Mariano
Notes: GCC
  PD 816 is a decree related to PD 27 (Agra
Reform Law – Marcos; rice and corn only) PD 27 TENANTS EMANCIPATION DECREE
 PD 816 – October 1975 BENEFICIARIES:
 Ra 3844 – is silent on the period of refusal
to pay. When will PD 816 apply? It will apply
if the ground to dispossess is non payment
of rentals and if agri land is devoted to rice
and corn.
 In natividad, there is no fact established in
case whether the subject property is rice
and corn (although it can be presumed
because of the words “crop year” and
considering that the party has been issued a
CLT – certificate of land transfer)
 Probably, since the petition is via Rule 45
(pure question if law)
 Neither rice or corn – do not apply PD 816;
no minimum period od nonpayment under
3844

Extinguishment of relation vs. dispossession

 Extinguishment – no court (Agra court)
approval, voluntary act of lessee to
surrender of abandon or act of God *2
isntance where regular courts have
jurisdiction – just compensation and crim
cases
 Dispossession – with court order; premised
on offense by lessee.

Can relation be terminated by death (sec 9 )

 No, continue between lessor and members
of lesse’s immediate farm household ot be
chosen by leessor whithi 1 minth from
death.
LEASE RENTAL –
 Not bemore than 25% of the average
normal harvest during the 3 agri years
preseding the date of leasehold after
deducting amount used for sees and costs
of harvesting, threshing, loading,