Agrarian Law
arrangement, to include the totality
Summary
Reform
- presupposes that something is
deformed or malformed or that
something is defective, hence,
needs reformations and correction.
Land Reform
- denotes a broad concept of
conventional and revolutionary
measures intended to correct
certain defects in the relationship
between landowner and tiller
regarding their rights and obligation
in the cultivation and management
of landholding.
AGRARIAN REFORM
- refers not only to land reform but
also embraces a full range of
measures designed to improve the
relationship between landowner
and tiller, employer and employee,
corporate management and
stockholders, cooperatives and
members and other farmers’
organizations including their
economic, social and political
relations with the community and
government.
COMMENTS:
- under Comprehensive Agrarian
Reform Law, AGRARIAN REFORM is
defined as the redistribution of
lands, regardless of crops or fruits
produced, to farmers and regular
farmworkers who are landless,
irrespective of tenurial
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 shares of stock,
which will allow the beneficiaries to
receives a just share of the fruits of
the lands they work.
Agrarian Structure
- refers to that complex set of
relationships within the agricultural
sector between tenure structure,
productions structure for
supporting services.
Land Tenure Structure
- is a concept that connotes one or
more types of land tenure system
regulating the rights to ownership
and control and usages of land and
the duties accompanying such
rights.
a. Agricultural tenancy – as one of
the several forms of land tenure
or rights in land, refers to the
manner of holding agricultural
lands involving the question of
whether share tenancy or
leasehold tenancy should be
adopted.
b. Share tenancy- under this
system of landholding, tillers
work the land a sharecroppers
entitled to share in the produce
of the land (at one time, under
the Rice Share Tenancy Act of
1933, a 50-50 sharing of crop
 between landowner and tenant PD NO. 27
was enforced which
- Was issued by then Pres. Marcos
subsequently was improved to
which set aside from upholding the
70-30 sharing in favor of the
leasehold relationship established
tenant-farmer.
under RA No. 3844, ordained the
c. Leasehold Tenancy- is a tenurial
emancipation of tenant-farmers
system which was instituted by
from the bondage of the soil and
Code of Agrarian Reforms
considered them ipso facto owners
characterized by lessor and
of the lands they till primarily
lessee relationship which is
devoted to rice and corn.
created either by written or oral
- Likewise fixed the retention limit for
agreement between the
the landowner an area not
parties, or impliedly by
exceeding seven hectares, provided
acceptance of benefits by the
that such landowner is cultivating
landowner, legal possessor,
or will now cultivate the land, and
usufructuary or agent from the
furthermore than 7 hectares in
tenant-farmer or by an act of
aggregate area, or lands devoted
cultivation thru the toleration
for residential, industrial or other
of the owner.
urban purposes from which he
NOTE: received adequate income to
support himself and his family.
- Leasehold relationship abolished
d. Amortizing Owner – a tenant-
the share tenancy system under the
farmer whose status had been
Rid3ce Tenancy Act but only to the
raised automatically by operation of
extent of agricultural lands that
law from leasehold tenant to that of
were declared as land reform areas.
amortizing owner, who makes
- However, RA 6389 supplanted Code
repayments of the purchase price of
of Agrarian Reforms by providing
the land he tills to the LBP in
for automatic conversion of all
amortization basis or installments.
share tenants in the Philippines to
e. Full Owner or Owner-Cultivator – is
leasehold tenants by operation of
an amortizing owner (tenant-
law, thus putting an end to
farmer)
piecemeal declaration of land
reform areas.
- The passage and ratification of 1973
Const. further strengthened the
tenurial rights tenants by providing
that the State shall formulate and
implement an agrarian reform
program aimed at emancipating the
tenant from the bondage of the soil
and achieving the goals enunciated
in this Const.