Chapter Two: Agricultural Leasehold Concept

Agrarian Law and Social Legislation

Thursday | 5:30 PM – 7:30 PM | RH104

Submitted by:

Babon, Mhickey Mae Malonzo, Patricia Kamil

Baldivicio, Irish Dianne Ormita, Ellen Jane
Bartolome, Ceazar Leo Pinnock, Jennifer
Bayon, Louie John Rubio, Jannin
Espino, Elyda Katreena San Jose, Naomi
Iligan, Jan Rockfeller Tiaña, Jude Christopher
Macabre, Maria Akita Joy Vera, Ruth Ann
Magararu, Lady Coleen

Submitted to:
Atty. Gefer Mancol

13 February 2020, Thursday

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A. DEFINITION OF TERMS (Section 166, Chapter IV, R.A. No. 3844)

Section 166. Definition of Terms 

As used in Chapter I of this Code:

(1) "Agricultural Land" means land devoted to any growth, including but not limited to crop lands, salt
beds, fish ponds, idle land and abandoned land as defined in paragraphs 18 and 19 of this Section,
respectively.

(2) "Agricultural lessee" means a person who, by himself and with the aid available from within his
immediate farm household, cultivates the land belonging to, or possessed by, another with the latter's
consent for purposes of production, for a price certain in money or in produce or both. It is distinguished
from civil lessee as understood in the Civil Code of the Philippines.

(3) "Agricultural lessor" means a person, natural or juridical, who, either as owner, civil law lessee,
usufructuary, or legal possessor, lets or grants to another the cultivation and use of his land for a price
certain.

(4) "Agricultural year" means the period of time required for raising a particular agricultural product,
including the preparation of the land, sowing, planting and harvesting of crops and, whenever applicable,
threshing of said crops: Provided, however, That in case of crops yielding more than one harvest from
planting, "agricultural year" shall be the period from the preparation of the land to the first harvest and
thereafter from harvest to harvest. In both cases, the period may be shorter or longer than a calendar
year.

(5) "Court" means the Court of Agrarian Relations.

(6) "Fair rental value" means the value not in excess of allowable depreciation plus six per cent interest
per annum on the investment computed at its market value: Provided, That the fair rental value for work
animal or animals and farm implements used to produce the crop shall not exceed five per cent of the
gross harvest for the work animal or animals and five per cent for implements.

(7) "Farm implements" means hand tools or machines ordinarily employed in a farm enterprise.

(8) "Immediate farm household" means the members of the family of the lessee or lessor and other
persons who are dependent upon him for support and who usually help him in his activities.

(9) "Incapacity" means any cause or circumstance which prevents the lessee from fulfilling his
contractual and other obligations under this Code.

(10) "Inspect" means to enter, examine and observe. Under no circumstance, however, shall such
entrance, examination and observation be utilized to commit any act of intimidation or coercion nor shall
it be utilized to impair the civil rights of the individuals affected.

(11) "Proven farm practices" means sound farming practices generally accepted through usage or
officially recommended by the Agricultural Productivity Commission for a particular type of farm.

(12) "Work animals" means animals ordinarily employed in a farm enterprise, such as carabaos, horses,
bullocks, etc.
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(13) "Personal cultivation" means cultivation by the lessee or lessor in person and/or with the aid of
labor from within his immediate household.

As used in Chapter II:

(14) "Farm employer" includes any person acting directly or indirectly in the interest of a farm employer
whether for profit or not, as well as a labor contractor, but shall not include any labor organization
(otherwise than when acting as a farm employer) or anyone acting in the capacity of an officer or agent
of such labor organization.

(15) "Farm worker" includes any agricultural wage, salary or piece but is not limited to a farm worker of
a particular farm employer unless this Code explicitly states otherwise and any individual whose work
has ceased as a consequence of, or in connection with, a current agrarian dispute or an unfair labor
practice and who has not obtained a substantially equivalent and regular employment.

Whenever the term "farm worker" is used in this Code, it shall be understood to include farm laborer
and/or farm employee.

(16) "Farm workers' organization" includes any union or association of farm workers which exists, in
whole or in part, for the purpose of collective bargaining or dealing with farm employers concerning
terms and conditions of employment.

(17) "Agrarian dispute" means any controversy relating to terms, tenure or conditions of employment, or
concerning an association or representation of persons in negotiating, fixing, maintaining, changing, or
seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the
proximate relation of farm employers and employees.

As used in Chapter III of this Code:

(18) "Idle lands" means land not devoted directly to any crop or to any definite economic purpose for at
least one year prior to the notice of expropriation except for reasons other than force majeure or any
other fortuitous event but used to be devoted or is suitable to such crop or is contiguous to land devoted
directly to any crop and does not include land devoted permanently or regularly to other essential and
more productive purpose.

(19) "Abandoned lands" means lands devoted to any crop at least one year prior to the notice of
expropriation, but which was not utilized by the owner for his benefit for the past five years prior to such
notice of expropriation.

(20) "Economic family-sized farm units" means an area of farm land 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 family's 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.

(21) "Suitably for economic family-size farm" refers to situations where a parcel of land whose
characteristics, such as climate, soil, topography, availability of water and location, will support a farm
family if operated in economic family-size farm units and does not include those where large-scale
operations will result in greater production and more efficient use of land.

(22) "Agricultural owner-cultivator" means any person who, providing capital and management,
personally cultivates his own land with the aid of his immediate family and household.
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(23) "Owner-manager" means the owner of a parcel of land devoted to agricultural production who
provides the capital and management in the farm enterprise.

(24) "Labor administration" means cases where farm workers are employed wholly in the agricultural
production.

(25) "Share tenancy" as used in this Code means the relationship which exists whenever two persons
agree on a joint undertaking for agricultural production wherein one party furnishes the land and the
other his labor, with either or both contributing any one or several of the items of production, the tenant
cultivating 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.

(26) "Tax free" in reference to bonds and shares of stock issued by the Land Bank as payment for
acquired private agricultural land shall mean all government taxes, except gift tax and inheritance tax.

Modes of Land Tenure Allowed under R.A. No. 3844:

1. Leasehold System – characterized by a tenant – farmer personally and actually cultivating the
farmholding under a leasehold relationship whereby the lessee pays a fixed amount of rental, in
cash or in kind, to the lessor.

2. Share Tenancy – exists whenever two persons agree on a joint undertaking for agricultural
production wherein one party furnishes the land and the other his labor, with either both
contributing any one or several of the items of production, the tenant cultivating 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.

3. Owner-cultivatorship – a land tenure mode where a person who, providing capital and
management, personally cultivates his own land with the aid of his immediate family and
household.

4. Cooperative-cultivatorship – a form of agrarian relationship among members of a cooperative

who work and live on the land as tillers in common.

5. Labor administration – employs laborers and workers on a daily wage basis, and engaged in a
large-scale plantation farming of permanent crops by their respective managers.

How Leasehold relationship is established?

1. By agreement of the parties

2. By operation of law – implementation of R.A. No. 3844 providing for the abolition of share
tenancy

Parties to Leasehold Relation

1. Landholder

2. The person who personally cultivates the land

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B. ESSENCE OF LEASEHOLD RELATIONSHIP

Tenurial Arrangement of Leasehold

Creation of leasehold relation either by agreement of the parties, whether orally or in writing, or by
implication entitles the leasehold tenant to the security of tenure until its extinguishment by any of the
causes provided by law.
Leasehold is a form of land tenure or property when one party buys the right to occupy land or a building for
a given length of time.

Republic Act No. 3844 – Agricultural Land Reform Code

Section 7. Tenure of Agricultural Leasehold Relation-

The agricultural leasehold relation once established shall:
1. Confer upon the agricultural lessee the right to continue working on the landholding until such
leasehold relation is extinguished.
2. The agricultural lessee shall be entitled to security of tenure on his landholding and cannot be
ejected therefrom unless authorized by the Court for caused herein provided.

Section 8. Extinguishment of Agricultural Leasehold Relation -

The agricultural leasehold relation established under this Code shall be extinguished by:
(1) Abandonment of the landholding without the knowledge of the agricultural lessor;
(2) Voluntary surrender of the landholding by the agricultural lessee, written notice of which shall be
served three months in advance; or
(3) Absence of the persons under Section nine to success to the lessee, in the event of death or
permanent incapacity of the lessee.

Doctrine of Security of Tenure

Security of Land Tenure is governed by Sec. 10, R. A. No. 3844, as amended which provides that “the
agricultural leasehold relation under this Code, shall not be extinguished by mere expiration of the term or
period in the leasehold contract, nor by the sale, alienation or transfer of the legal possession fo the
landholding” and that, “in case the agricultural lessor sells, alienates or transfers the legal possession of the
landholding, the purchaser or transferee thereof shall be subrogated to the rights and substituted to the
obligations of the agricultural lessor”.

Status of an agricultural tenant as redefined in Sec. 2, R.A. No. 3844

It is the policy of the state to: to establish cooperative cultivatorship among those who live and work on the
land as tillers, owner-cultivatorship and the economic family-size farm as the basis of Philippine agriculture
and, as a consequence, divert landlord capital in agriculture to industrial development
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Yolanda Caballes v. DAR, et. al., G.R. no. 78214, December 1988

“The fact of sharing alone from the fruits of the landholding from someone who plants certain crops
thereon which is a typical provinciano trait does not give rise to a tenancy relationship (agricultural
leasehold) that entitles an occupant or cultivator of a parcel of and to security of tenure under the
concept of Land Reform Code of the government under existing tenancy laws.”

One must be a de jure tenant to be entitled to Security of Tenure. The essential requisites of a
tenancy relationship are:

1. The parties are the landowner and the tenant;

2. The subject is agricultural land;
3. There is consent;
4. The purpose is agricultural production;
5. There is personal cultivation; and
6. There is sharing of harvests.

All these requisites must concur in order to create a tenancy relationship between the parties. The
absence of one does not make an occupant of a parcel of land, or a cultivator thereof, or a planter
thereon, a de jure tenant.

Family-sized Farms
- This is a requisite to give rise to tenancy relationship.
- As defined in RA No 3844, as amended, an economic family sized farm is “an area 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 family’s need 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.”

Caballes Doctrine: It is a doctrine that confirms the essence of leasehold relationship in in rem,
Provided, all essential requisites to consider a landholder as de jure agricultural tenant are present.
This is especially true with respect to the tenanted portion of the landowner’s retained area and those
of his children aged 15 or over who are actually tilling, their farm-holding or are directly managing
the same with the aid of laborers

Causes for Extinguishment of Leasehold Relation

(a) Abandonment of a landholding without the knowledge of the lessor;

(b) Voluntary surrender of the landholding by the lessee, written notice of which will be served three
months in advance;
(c) Absence of successor or qualified heir in case of death or permanent incapacity of the lessee;
(d) Judicial ejectment of the lessee for causes provided under Section 36 of the Code;
(e) Acquisition by the lessee of the landholding;
(f) Termination of the leasehold under Section 28;
(g) Mutual consent of the parties;
(h) Conversion of the landholding for non-agricultural purposes subject to the conditions required by
law. (Sec. 36, par. [1],infra)

Obligations of the Lessee

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(1) To cultivate and take care of the farm, growing crops, and other improvements on the
landholding as a good father of a family and perform all the work therein in accordance with proven
farm practices;

(2) To inform the agricultural lessor within a reasonable time of any trespass committed by third
persons upon the farm, without prejudice to his direct action against the trespasser;

(3) To take reasonable care of the work animals and farm implements delivered to him by the
agricultural lessor and see that they are not used for purposes other than those intended or used by
another without the knowledge and consent of the agricultural lessor: Provided, however, That if said
work animals get lost or die, or said farm implements get lost or are destroyed, through the
negligence of the agricultural lessee, he shall be held responsible and made answerable therefor 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 or neglect of his farm, any or all of his expected produce may, upon order of the Court,
be forfeited in favor of the agricultural lessor to the extent of the damage caused thereby;

(5) To notify the agricultural lessor at least three days before the date of harvesting or, whenever
applicable, of threshing; and

(6) To pay the lease rental to the agricultural lessor when it falls due.

Prohibitions of Agricultural Lessee

1. To contract to work additional landholdings

Applies when the lessor when the lessee belonging to a different agricultural lessor
has not obtained the consent of the lessor.

Intended more for the protection of the

lessor than the lessee. 2. To acquire and personally cultivate a family-size
farm without the knowledge and consent of the
agricultural lessor
Provides a cation to the lessee from
employing a sub-lessee.

It emphasizes the personal nature of a

leasehold relation as a basic prerequisite 3. To employ a sub-lessee
in order to qualify a tenant-tiller to
become a beneficiary of agricultural
leasehold.

Who is sub-lessee?

A sub-lessee refers to someone who steps into the shoes of the leaseholder with whom the landowner has a
standing agreement in writing or operation by law.

A sub-lessee is not duty bound to fulfill the obligations that the law imposes upon the lessee.
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Termination of Leasehold by the Lessee

According to Sec. 28 of R.A. 3844, the agricultural lessee may terminate the leasehold during the
agricultural year for any of the following CAUSES:

(1) Cruel, inhuman or offensive treatment of the agricultural lessee or any member of his immediate
farm house hold by the agricultural lessor or his representative with the knowledge and consent
of the lessor;

(2) Non-compliance on the part of the agricultural lessor with any of the obligations imposed upon
him by the provisions of this Code or by his contract with the agricultural lessee;

(3) Compulsion of the agricultural lessee or any member of his immediate farm household by the
agricultural lessor to do any work or render any service not in any way connected with farm work
or even without compulsion if no compensation is paid;

(4) Commission of a crime by the agricultural lessor or his representative against the agricultural
lessee or any member of his immediate farm household; or

(5) Voluntary surrender due to circumstances more advantageous to him and his family.

-These causes do not need any judicial approval or order of the court.

In re: (1) – (4)

 The lessee may not be prevented from leaving the farmholding for obvious reasons, especially when
afflicted by terminal disease that may endanger his life, or those members of his immediate
household.

 This is WITHOUT PREJUDICE to:

(a) The right of the lessee who has abandoned for just cause or is ejected therefrom, to claim
from the lessor for reimbursement of expenses for cultivation, planting or harvesting and
other expenses incidental to the improvement of his crop and;

(b) Right to be indemnified for ½ of the usual improvements introduced by him on the land,
provided that the surrender or abandonment of the landholding is justified by fortuitous
circumstances, or he is forcibly ejected against his will.

 In case the lessee is forcibly ejected against his will, the lessor and/or his agents or representatives
may still be prosecuted against under the provisions of P.D. 583 which prescribes penalties for the
unlawful ejectment, exclusion, removal or ouster of tenant-farmers from their farm holdings.

In re: (5)

 The lessee is enjoined from abandoning the farm at the end of the agricultural year or at the close of
the work season to prevent the infliction of any unforeseen damage to the standing rice crops that
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may be occasioned by fortuitous events such as typhoons like Yolanda or Glenda which caused
extensive destruction to rice plantations in some parts of Luzon which were ready for harvest.

Rights of the Agricultural Lessor

Section 29, Republic Act No. 3844

Rights of the Agricultural Lessor - It shall be the right of the agricultural lessor:

(1) To inspect and observe the extent of compliance with the terms and conditions of their contract
and the provisions of this Chapter;

(2) To propose a change in the use of the landholding to other agricultural purposes, or in the kind of
crops to be planted: Provided, That in case of disagreement as to the proposed change, the same shall
be settled by the Court according to the best interest of the parties concerned: Provided, further, That
in no case shall an agricultural lessee be ejected as a consequence of the conversion of the land to
some other agricultural purpose or because of a change in the crop to be planted;

(3) To require the agricultural lessee, taking into consideration his financial capacity and the credit
facilities available to him, to adopt in his farm proven farm practices necessary to the conservation of
the land, improvement of its fertility and increase of its productivity: Provided, That in case of
disagreement as to what proven farm practice the lessee shall adopt, the same shall be settled by the
Court according to the best interest of the parties concerned; and

(4) To mortgage expected rentals.

Section 75 of R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988, provides that Republic Act
No. 3844 as amended, Presidential Decree Nos. 27 and 266 as amended, Executive Order Nos. 228 and 229,
both Series of 1987; and other laws not inconsistent with this Act shall have suppletory effect. Moreover,
Section 76 of the said CARL of 1988 provides that Section 35 of Republic Act No. 3834, Presidential
Decree No. 316, the last two paragraphs of Section 12 of Presidential Decree No. 946, Presidential Decree
No. 1038, and all other laws, decrees executive orders, rules and regulations, issuances or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly. Also, R.A. 6657 has already vested
jurisdiction to the Department of Agrarian Reform Adjudication Board involving the implementation of the
CARP and including all disputes arising from the enforcement of R.A. 3844, as amended and any agrarian
reform laws.

Obligations of the Lessor

1. To keep the lessee in peaceful possession and cultivation of his landholding;
2. To keep intact the permanent useful improvements existing on the landholding at the start of the
leasehold relation as irrigation and drainage systems, marketing allotments, which in the case of
sugar quotas shall refer both to domestic and export quotas, provision of existing laws to the
contrary notwithstanding.
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It becomes the obligation of the agricultural lessor to maintain the lessee in a peaceful and quiet
possession of his farmholding. Should the lessor become stubborn and continues to refuse to extend his
cooperation, the lessee may seek relief from the nearest Regional Agrarian Reform Adjudicators or
Provincial Agrarian Reform Adjudicators to compel the agricultural lessor to comply with his obligation.

Prohibition to the Agricultural Lessor

1. To dispossess the agricultural lessee of his landholding except upon authorization by the court
(now DARAB) under Section 36. Should the Agricultural lessee be dispossed of his landholding
without authorization from the court, the agricultural lessor shall be liable for damages suffered
by the agricultural lessee in addition to fine or imprisonment prescribed in R.A No. 3844 for
unauthorized dispossession.

2. To require the agricultural lessee to assume, the payment of the taxes or part thereof by the
government on the landholding;

3. To require the agricultural lessee to assume, any part of the rent, to pay to third persons for the
use of the land;

4. To deal with millers or processors without written authorization of the lessee in cases where the
crop has to be sold in processed form before payment of the rental; or

5. To discourage, the formation, maintenance or growth of unions or organizations of agricultural

lessees in his landholding, or initiate, dominate, assist or interfere in the formation or
administration of any union or organization.

Grounds for Disposition of Agricultural Lessee:

1. When the landholding is declared by the Department Head upon recommendation of the National
Planning Commission to be suited for residential, commercial, industrial or some other urban
purposes;

2. Failure to comply with any of the of the terms and conditions of the contract of lease;
• It will not constitute as failure to substantially comply if it is due to fortuitous event.

3. Planting of crops or used the landholding for a purpose other than what had been previously
agreed upon;

4. Failure to adopt proven farm practices as determined under paragraph 3 of Section 29;
• Where the Lessee lacks sufficient know how or training and adoption therof would entail
additional expenses which the lessee cannot afford, it shall not be a cause for ejectment

5. When through fault or negligence of the lessee, the land or other substantial permanent
improvement thereon is substantially damaged or destroyed or has reasonably deteriorated;

6. Failure to pay the lease rental when it falls due;

• If nonpayment is due to crop failure to the extent of 75% of the entire harvest, the lessee
may not be ejected
7. Employment of a sub-lessee.

NOTE: The foregoing are grounds for ejectment of an agricultural lessee only after the observance of
due process and the lessee is given his day in court.
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Lessee’s Right to Pre-emption and Redemption

I. RIGHT OF PRE-EMPTION - In case the agricultural lessor decides to sell the landholding,
the agricultural lessee shall have the preferential right to buy the same under reasonable terms
and conditions. (Section 11 of the Code of Agrarian Reforms as amended)

 The agricultural lessor should give notice to (a) the Department of Agrarian Reform, and (b)
all the lessees affected.
 The agricultural lessee must give a written notice to the agricultural lessor of his intention to
exercise his right of pre-emption, and thereafter tender payment of, or present a guarantee
certificate from the Land Bank to the agricultural lessor.
 If the lessor refuses to accept such tender or presentment, he may consign it with the court.
 The right of pre-emption is applicable only to the extent of the area actually cultivated by the
lessee. The same may be exercised within one hundred eighty (180) days from notice in
writing which shall be served by the lessor on all lessees affected and the DAR.

II. 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. (Section 12 of the Code of Agrarian Reforms as
amended)

 The redemption price shall be the reasonable price of the land at the time of the sale.
 The DAR shall initiate the action upon the petition of the lessee, while the Land Bank shall
finance the said redemption.
 Right of redemption may be lost by failure to exercise the same within 180 days from the
time the lessee learned of the sale of the landholding by the lessor in favor of the third person.

NOTE: The right of redemption differs from pre-emption such that the former contemplates of a
consummated sale and transfer of ownership of the landholding to a third person, while in right of pre-
emption no such sale to a third person has yet taken place.

Bill of Rights for Agricultural Labor

1) Right to self-organization;
2) Right to engage in concerted activities;
3) Right to minimum wage;
4) Right to work for not more than 8 hours;
5) Right to claim for damages for death or injuries sustained while at work;
6) Right to compensation for personal injuries, death or illness;
7) Right against suspension or lay-off.

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;
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2. Should the lessor bear expense he shall be entitled to an increase in the rental proportionate to the
resultant increase in production.

Management of Irrigation System

1. When constructed and operated by the government. Lessees either as individuals or groups shall
allocate not more than 25% of their rental collection to the government.
2. Irrigation systems installed and / or constructed at expense of landowner or agricultural lessor –
acquisition of these irrigation system shall be initiated by the DAR to be financed by the Land
Bank.

Lease of Ricelands and Lands Devoted to Other Crops

1. 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;
2. Average normal harvest for three (3) preceding years.
3. 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.

Amortization Payment for the Land under Leasehold

The rentals paid by the lessor at the place agreed upon by the parties shall be credited as
amortization payments for the purchase price of the land-holding tilled by the lessee:
a) When the land-holding is expropriated by the government;
b) When it is redeemed.
Whatever balance remaining after crediting as amortization the rental paid, the same may be
financed by the Land Bank in the same ratio and mode of payment provided under section 80.
MODES OF PAYMENTS:
1. Cash payment of 10% and the balance is payable by LBP bonds at 6% interest per annum,
which is tax free to mature after 25 years
2. Purchase of 30% Preferential Stocks issued by the LBP and the balance payable by LBP
bonds at 6% interest per annum, which is tax free to mature after 25 years.
Defaults on the Part of the Lessee
Should the lessee incur default in the payment of at least three installments on the loan, the lender
shall immediately notify the LBP and he DAR so that these steps can be taken by them:
1. to answer for the default in case the failure is due to fortuitous events;
2. to take over the ownership and administration of the land-holding.

 If the default is attributable to the lessee, the DAR shall endeavor to substitute the
defaulting amortizing owner with a qualified beneficiary who does not own any land who
shall be subrogated to the rights and shall assume the obligations of the defaulting lessee.
 In cases of fortuitous events, the LBP shall assume the payment of the balance of the
indebtedness to the lender and the farmer shall be released from his obligation.
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Period of Prescription
An action to enforce any cause of action accruing under this Code shall be brought within the period
of three years from the time such cause of action has accrued, or from the time the plaintiff has
learned of the act constituting a valid case of action, otherwise it shall be barred by the Statute of
Limitations.
Acts which may constitute as estoppel like implied consent or acquiescence or toleration of the act
by the plaintiff may also prevent the enforcement of such cause of action.