INTRODUCTION Agrarian Law ‘the term “agrarian” e Which meonsa fel, Lexical the word agrarian means rating fo Tin ta he ounershipor dion of ed” Agrarian law, therefore, basically refer to the distsibuton of ubliesgecultural lands, lange ext, and regulation of the Fotaiship tween Uh landowner and the farmer who works on the land It embrace al Inve that govern and regulate the rights it relationship over agricultural lands between landowners, nant, lesen agricul workers Prasendy, the acu of agrarian Jaws son agrarian efor, the {hrust whieh ie the redintributin of ageealtaral lands, Our basic Jw on Atrarian Refora is the Comprohenaive Agrarian Reform Lins supplemented by the Tenant Emancipation Law! and the Cone of Agrarian Taforms. ‘The peanary objective of the agrarian reform program is to Ivwokup agricultural lauds and transform them into ecnomision firms te be owed by the Zarmors Loamsalvas, withthe end in view ulin ther nen sono seas. ‘Tho ograrianvefrm prgeam is founded on tho right of farmers vx veg form workers who are landlegs, to own directly or fclectively the lands they til Use cae af acho fim workors to recive just share in the fui there Tiers Rew Wr Danan, 2h Cons Es, ICR a army ee i a oo 0 “DAT Msi Over Ne seins of 28,Social Lgistation "There ix no proto definition for socal Ygllation. Sacal logilation is eo brea tht covers bor aes, agrarian laws, and ‘welre laws, The emphasia a more os the aspect of general public fe a “welfare, Essentially, theae aro laws: or statutes ‘Chace parse tothe Socal asics awe othe Constittion, CHAPTER 1 ‘THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1998 REPUBLIC ACT NO. 6657 [ésamondad by Repullie Act Nos 781, 2905, 8692 und 7001 AN ACT INSTFTUTING A COMPIREAENSIVEE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICI AND INDUSTIUALIZATION, PROVIDING TI MECHANISM FOR TIS IMPLEMENTATION, AND FOR OTHER PURPOSES CHAPTER PHICLIMINARY CHAPTER ‘SBCTION 1. tl, ~ This Act shall be known as the Com: rohonsive Agrarian Reform Law of 1998 Nores: Agrarian Law ‘Agrarian lave embrace all laws Ut govern and rogue the rights tna elationship over agriultural lands betwen landownore, lesan, lessees or griewnral workers History of Pitippine Agrarian Laws During the Spanish ero, tho zelatianship between landowners and tenants was goversed by the Civil Cole, particularly hy the Shosil Provsina ov Rural Lass, ‘During he Amesiean rogime, the Rice Shave Tenancy Act’ was promulgated. ‘This aw regulated the relationship betweenwo landlords and tonants on rice lands. Therese, the Sugar Tenancy ‘AeU ws enacted to rgutate tho relationship betweon lenis and {nants on lands planted to sugarcane During the commonwealth peri, Commonvealth Act 53 wae paced This nw reengnized the testineny of the tenant st prone face evidence of the term of tenancy contract that Was bot rence in wetng in language nove to im, Bxuety, Commonsealth Act 178 waxenscb to amend the provisions 0 the ‘ie Share Tenoney Act “Thereater, Commonwealth Aet 271 was etd Uo umcnd At No. hy extandng ite application a sugar ‘ium wotkers, Afterwards, Commonwealth Act 461 wis enacted Up provide security of tenure to agricultural onan Ths law wes ator ‘mended by Cammonwenlth Aet 608 ‘tor tho grant of independence, Republie Act No, 24 yas eed t mcd the Rho Shara Tenaney Act by inlraducing changes ln erop division. Thoteafer, the Agricultural Share ‘Tenancy ‘Ab wa enacted. Ths law repealed all the earlier tenancy aw ‘xcept the Sugar Tenaney Act Subsequently, Republic Act No, 2263 esended Republic Act No.3 ‘heteaer, Republic Act No, 1400 was poased, setting in ‘motion the expropriation of all osanted gatas. On Angus 13, 1963, the Agricultural Land Reform Code" was enacted. The Agricularal Land Rtorm Code sblished she tenancy. Tn pce, ‘insttnted the aysivaltoral lewehold system. The Agriealtural aa! Refarm Co was later amended by Republi Act No. 6389. was dencrinated us the Code of Agrarian Reforms, Tinmeiatly after te delaralion of arial law, President Fordinand R. Mareos promulgated the Tenant Kraneipation [Lave whieh provided forthe transfer of Ianda primarily devoted toricw and corn to the Lonantx: Thereafter, the Court of Agia Relations war rwonganizad with the enactment of Presidential Decree No. 846. Subsequently, Prsidatial Deeroe No. 1038 was promulgated to strengihen the security of tenure of tenants im non Flow rene agricultural land, The Cade of Agrarian Reform oa {ater amended by Prosdential Decree Nos. 251,444, 1039, and 181. (On Jaly 17, 1987, President Corazon. Aquinas, exerciing hor wwers under Use Transitory Provisions of the 198? Conaitullen, Jnsue Hxwoutive Order No, 228 fearing full land ey nership in {ivorofbeneiciaries under Presidential Deen No 27 ond Fxecutive No. 229 (providing the mechanics for its implementation) Huicoquently, Proclamation No. 131 snstitating «comprehensive yt reform program was issued, ‘On Jamo 10, 1988, tho Comprehensive Agearian Reform nw of 1988 wae enacted. Therese, Republic Act Nos. 788, 706, 8582 and 700 were enacted to mend certain provisions ‘he Comprehensive Agrarian Reform Lav, Meaning of Agrarian Reform ‘Agrarian Reform means the redistibutjn o ands, epanles ero or uit produced ta Gurmers and regular Tarworkers who 0 landless, ievespective of tenurial arrangement telus Ue {olay ofthctor and suppor. servis designed! oR dhe econamie alas of dhe benoiaries and al her arrangomentsaltrnative the pysical vedistebution af and, such a prodnetion o pel ing labor administration, and tho distbution of shares af ‘Mocks ehich wil allow beneiivies te receive just shave af the {ale te tnd ey work ‘Glance from the frnscingedafnition, i ean be sain that ysucian rofim ie not confined to distibation of lade to landers and reglar farmworkort — it ineude other alternative ily oi se ( labor admdstration, Cb) pro-shacng Sock istebution. Te rson is bees ta elie agrarian ee Ui laid dictroution is simply not feasible, considering there eno hs oenttura land sha cane distributed Un cery farm oF Fil farmoeer ‘Applicability of te Comprehensive Agrarian Reform Law Tho Comprehensive Agrarian Reform. Law applies only to ysleiltral lard. 1deos not ply tne clarified as Yesidentin fea, indus, mineral oc fren lends "eh Coepeebensie Agrarian Rar Lam, meneeo ‘Meaning of Agricultural Land ing? Arcultral land cefers to land devated to ayreultual ast Woontemplater lands that ave arable ad suitable for farm NATALIA REALTY V. DANE ‘eSCRABT rt) WAGE Notts Roa, Ine NATALIA) is th erener of 128 terage ln is Anite al. On Apt 1 1370, resid Pocloatan Nn 160 eit 2 Metares of lal te i Ati, Se Mateo un nal ott ‘a fo asc he populate weep tho mets The UNATALAA ponerts rere sted i hr ertus pli rivne lana wero iow tio int grt Hg bon wii he mato ‘he aman Salome Kegulny peer) fd Lan Une Heats Bar ‘Shy ero devel the land ts nubs ‘Wha the Coeercennive Ageia Reform Tay tk ‘atom ne 1198, the Depart Of Agri Refre [tata t Nei af Corerage onthe undeveloped portinns of he rleivisns NATALIA rout she cana of tho Noto Cece et mind he ed Sgrcularl lands Shen Pesdenil Poclonaton No 187 {Estee inte a rownste eset ISSUE: Wher mot Con unde prtions of the NATALIA pope tt orn By the. Compaen gear Mer Ua HRD: "hy undvslpid petime of tha NATALIA properties tro hl ner by. de Campana Agrarian itn ayyenvetty sect aealraands ental Ieee els emer) elo siden Ina he NATALIA prpeten sessed ic ageelbural at up ‘provable Ltt sana tHe SC Be Ga eat Agee Constitutionlity ofthe Comprehensive Agrarian Reform Law "tho Comprehensive Agrarian Reforn laW is not wneoastva tional beeanse isa valid exercise of pie power.» SECTION 2. Decoration of Princes an — is the policy of the State fo pursue a Comprehensive Agrarian Reform Program (CARD). The welfare of the landless furmers nd farmworker will receive the highest consideration {o promote social justice and to move the nation toward sound rural development and industralization, and the fslablishment of owner cultivatorship of economie-size farms as basis of Philippine agriculture. The Stato shall promote industrialization and full ‘employment based on sound agrienktural development aad rarian reform through industries that ‘tfclent use of human and natural resources, and which are ‘competitive in both domestic and forelyn markets: Provided, ‘That the conversion of agricultural ‘commercial or residential Iands shal ights and national food security. Further, the State shall protect il ‘competition and irde practices ‘The State recognizes that there is not enough ageleul tural land to be divided and distributed to cach farmor and regular farmworker so dhit exch one ean own histher eco- hnomie-sze farm, This being the caso, « meaningful agrarian reform program to uplift the lives and economic stata of the Tarmer snd his/her ehilelren can only be achieved throngh ‘simaltancous industralization aimed at developing 1 self ‘reliant and independent national economy effectively on- {rolled by Filipinos. ‘To this end, the State may, in the interest of national welfare or defense, establish and aperate vial industries. Amore equitable distribution and ownership of land, ‘with due regard to che rights of landowners to just compen: ‘ation, retention rights under Section Gof Republic Act 6637, Tees eileen, ate Aplin Bef, 76 CA