Agra Barte Notes

AGRARIAN LAW by Barte INTRODUCTION A. DEFINITIONS AND AND TERMS Reform – presup presuppos poses es that that someth something ing is defecti defective, ve, hence, hence, needs needs reformation and correction.

b. S'are Tenan%y Tenan%y –  – under this system of landholding, tillers work the land as sharecroppers entitled to share in the produce of the land. c. Lea!e'o&d Tenan%y – Tenan%y – is a tenurial system which was instituted by .A. &o. $-- %Code of Agrarian eforms* characterized by lessor  and lessee relationship which is created either by written or oral agreem agreement ent betwee between n the partie parties s or implie impliedly dly by accepta acceptance nce of  benefi benefits ts by the landowne landowner, r, or by an act of cultiva cultivatio tion n thru thru the toleration of the owner. Comment!"

Land Land Reform Reform – deno denote tes s a broa broad d conc concep eptt of conv conven enti tion onal al and and revo revolu luti tion onar ary y meas measur ures es inten intende ded d to corr correc ectt cert certai ain n defec defects ts in the the relati relations onship hip betwee between n landow landowner ner and tiller tiller regard regarding ing their their rights rights and obligations in the cultivation and management of landholding. Agraran Reform – Reform – refers not only to land reform but also embraces a full range range of measur measures es design designed ed to improv improve e the relati relations onship hip betwee between n landowner and tiller, employer and employee, corporate management and stoc stockh khol olde ders rs,, coop cooper erat ativ ives es and and memb member ers, s, and and othe otherr farm farmer ers’ s’ organizations including their economic, social and political relations with the community and the government. Comment!" Under the Comprehensive Agrarian eform !aw of "##$ %.A. &o. ''()*,  Agrarian eform is defined as the redistribution of lands, regardless of  crops or fruits produced, produced, to farmers and regular farmworkers farmworkers who are landless, irrespective of tenurial arrangement.

AGRARIAN STRUCTURE efers to that comple+ set of relationships within the agricultural sector between tenure structure, structure, production structure and structure and structure for supporting services. services. #. Land Ten$re Ten$re Str$%t$re – Str$%t$re – 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. Agr%$&t$ra& Tenan%y – Tenan%y – refers to the manner of holding agricultural lands.

!easehold relationship abolished the share tenancy system under the ice hare /enancy Act of "# as amended, 0.1. &o. 2) was issued by then 0resident 0resident 3erdinand 4arcos which aside from upholding upholding the leasehold leasehold relationshi relationship, p, likewise likewise ordained ordained the emancipatio emancipation n of tenant5farme tenant5farmers rs from the bondage bondage of the soil, and considered considered them ipso facto  facto   owners of the lands they till primarily devoted to rice and corn. 0.1. &o. 2) %/enants 6mancipation 1ecree* likewise fi+ed the retention limit limit for the landowne landownerr an area area not e+ceedin e+ceeding g seven seven %)* hectares hectares,, provided, that such landowner is cultivating or will now cultivate the land, and furthermore, that he does not own other agricultural lands of more than seven %)* hectares. d. Amort(ng Amort(ng O)ner  – a tenant tenant5fa 5farme rmerr whose whose status status had been been raised automatically by operation of law from leasehold tenant to that of amortizing owner, who makes repayments of the purchase price of the land he tills to the !and 7ank. e. F$&& O)ner or O)ner*C$&t+ator  –  – is an amortizing owner %tenant5 farmer* who has completed full payment of his amortization to the !and !and 7ank 7ank of the the 0hil 0hilip ippi pine nes, s, and and is ther theref efor ore e entit entitle led d to a certificate of title under the /orrens /orrens ystem. Comment!" Under .A. &o. $--, as amended by .A. &o. '$#, there are three shifts in the conversion conversion of the tenurial status of tenant5farmer tenant5farmer to full owner, namely namely88 share share tenant tenant to leaseh leasehold older er to amortiz amortizing ing owner owner,, and from from amortizing owner to full owner %owner5cultivator*.  An amortizing owner by operation of law %0.1. %0.1. &o. 2)* is entitled to an 6mancipation 0atent which serves as a farmholder’s provisional title of 

ownership to the land upon completion of his amortization repayments to the !and 7ank, or to the !andowner in cases of farmers who have been amortizing their lands with the landowner. f.

O)ner*C$&t+ator   – is the term applied to a tenant – farmer who has attained the status of full owner and 9ualified beneficiary under  the Agrarian eform !aw of the 0hilippines.

,. -rod$%ton Str$%t$re – is a concept that refers to the use of the land, nature and method of farm operation, and the process of production.

. Str$%t$re for S$//ortng Ser+%e! – is an agrarian reform measure designed to help the tenant – tiller in the availment of credit facilities, marketing of his products, supplying of seeds, insecticides, fertilizers, irrigation, storage, processing and other technical assistance : services in direct bearing to reforms of tenure and production structures.

0ISTORICAL BAC1GROUND 6ven before the paniard came into these ;sland, the idea of private ownership of land was not prevalent. !and was commonly owned by the community or barangay, cultivated communally or individually by members of the barangay. IDE FOR T0E NECESSAR= IM-LEMENTING AGENCIES; A--RO-RIATE FUNDS T0EREFOR AND FOR OT0ER -UR-OSES Se%ton #. Title * T'! A%t !'a&& be ?no)n a! t'e Agr%$&t$ra& Land Reform Code. #. -REFATOR= STATEMENTS /he thrust of this legislation is the drastic abolition of share tenancy system. ;t provided for the automatic conversion of the sharecropper to the status of an agricultural lessee, governed by the system of agricultural leasehold which is established either8 a. by agreement of the parties, whether oral or written, or  b. by operation of law. /he Agricultural !and eform Code still finds application to the following8 a. areas which hav e not c ome within the operat ion and implementation of 0.1. &o. 2) b. agricultural laborers sub=ect to the provisions of the !abor Code c. organization and operation of the !and 7ank d. provisions on resettlements of farmers e. right to pre5emption and redemption, with respect to land5owner’s retained area, should such landowner decide to sell his tenanted : leased retained area, the tenant has the preferential right to purchase and : or redeem the same in case the land is sold to a third person without the t enant’s knowledge f. right of the tenant : lessee to )(D share from the standing crops

c.

lessee to pay !and 7ank on amortization basis the purchase price of the farmholding /he third shift which converts the status of an amortizaing owner  into full owner or owner5cultivator upon full payment of the remaining balance of the amortization.

Se%ton . Composition of Code 5 ". An agricultural leasehold system to replace all e+isting share tenancy systems in agriculture 2. A system of crediting rental as amortization payment on purchase price . A declaration of rights for agricultural labor -. A machinery for the ac9uisition and e9uitable distribution of  agricultural land (. An institution to finance the ac9uisition and distribution of  agricultural land '. A machinery to e+tend credit and similar assistance to agricultural lessees, amortizing owners5cultivators, owners5cultivator  and cooperatives ). A machinery to provide marketing, management and other  technical assistance and : or services to agricultural lessees, amortizing owners5cultivators, owner5cultivator, cooperatives $. A machinery for cooperative development #. A department for formulating and implementing pro=ects of agrarian reform "B. An e+panded program of land "". A =udicial system to decide issues arising under this Code. "2. A machinery to provide legal assistance to agricultural lessees, amortizing owners5cultivator, and owners5cultivator.

Re/ayment S%'eme and Credt A!!!tan%e T'ree !'ft! n t'e mode of a%@$!ton a. b.

/he automatic conversion of the status of share tenant to leaseholder characterized by payment of fi+ed rentals /he second shift which is the conversion of the leaseholder to amortizing owner, characterized by the !and 7ank purchase of  the property with a concomitant obligation imposed on the tenant5

$r!d%ton on Agraran D!/$te!  All agrarian disputes are now under the cognizance of the 1epartment of   Agrarian eform thru the Agrarian eform Ad=udication 7oard. /he 1epartment of Agrarian eform Ad=udication 7oard %1AA7* in turn delegates its functions to the respective egional and 0rovincial  Ad=udicators of the 1A. Any decision, order, award or ruling of the 1A

on any agrarian dispute, may be brought to the Court of Appeals on certiorari . S/e%a& Agraran Co$rt! Under the present law %.A. &o. ''()* all controversies involving the determination of =ust compensation and prosecution of all criminal offenses arising from violations of the provisions of this Act, fall under the original and e+clusive =urisdiction of pecial Agrarian Courts.

Wor? anma&! – means animals ordinarily employed in a farm enterprise. Agraran d!/$te – means any controversy relating to terms, tenure or  condition of employment, or concerning an association or representation of persons in negotiating, maintaining, changing or seeking to arrange terms on conditions of employment. Agr%$&t$ra& o)ner*%$&t+ator  – means any person who, personally cultivates his own land.

B$rea$ of Agraran Lega& A!!!tan%e /hey shall be responsible for the development of plans and programs for  the e+tension of legal information to farmers e+tension of legal services to them.

Far renta& +a&$e – means the value not in e+cess of allowable depreciation plus 'D interest per annum. In%a/a%ty – means any cause or circumstance which prevents the lessee from fulfilling his contractual and other obligations under the Code.

DEFINITION OF TERMS Mode! of Land Ten$re A&&o)ed $nder R.A. No. 377 Agr%$&t$ra& &and – means land devoted to any growth, including but not limited to crop lands, saltbeds, fishponds, idle land and abandoned land. Agr%$&t$ra& &e!!ee – 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.

". Lea!e'o&d !y!tem – characterized by a tenant – farmer  personally and actually cultivating the farmholding under a leasehold relationship whereby the lessee pays a fi+ed amount of  rental whether in cash or in kind to the lessor. ,. S'are tenan%y

Agr%$&t$ra& &e!!or  – means a person, lets or grants to another the cultivation and use of his land for a price certain. Agr%$&t$ra& year  – means the period of time re9uired for raising a particular agricultural product. Farm m/&ement!  – means hand tools or machineries in a farm enterprise. Immedate farm 'o$!e'o&d  5 means the members of the family of the lessee or lessor and other persons who are dependent upon him for  support. -ro+en farm /ra%t%e! – means sound farming practices. -er!ona& %$&t+aton – means cultivation by the lessee or lessor in person.

. O)ner*%$&t+ator!'/ -. Coo/erat+e*%$&t+ator!'/ – which is a form of agrarian relationship among members of a cooperative who work and live on the land as tillers in common. (. Labor admn!traton – which employs laborers and workers on a daily wage basis, and engaged in a large scale plantation farming of permanent crops by their respective managers. 0o) Lea!e'o&d Re&aton ! E!tab&!'ed ". by agreement of the parties 2. by operation of law – implementation of .A. &o. $-- providing for the abolition of share tenancy.

-arte! to Lea!e'o&d Re&aton ". 2.

the landholder   the person who personally cultivates the land.

ESSENCE OF LEASE0OLD RELATION ". ;t is essentially personal, in the sense that it cannot be e+ercised by third persons other than the lessor himself, and the lessee who personally cultivates the land 2. ; t has the n at ure o f a n in rem or real relationship, because it imposes a burden upon the land sub=ect of the landholding and continues to e+ist even by the death or incapacity of either party, or  the e+piration of the agreement.

W'at t'en %on!tt$te! a! fam&y*!(e farm !o a! to g+e r!e to tenan%y re&aton!'/ Fam&y*!(e farm – an area of farmland that permits efficient use of labor  and capital resources of the farm family and will produce an income sufficient to provide a modest standard of living to meet a farm family’s needs for food, clothing, shelter, and education with possible allowance for  payment of yearly installments on the land, and reasonable reserves to absorb yearly fluctuations in income. W'at no) ! t'e effe%t of t'e &a) to %$&t+ator*t&&er of a &e!! t'an fam&y*!(e farm!

Ten$ra& Arrangement of Lea!e'o&d

uch landholder5tiller or tiller5sharer, is at most considered as a mere caretaker before the eyes of the law who is not entitled to the security of  tenure.

;t makes it a penal offense to e=ect a tenant illegally from his holding e+cept upon approval of the court.

S'o$&d t'e &and'o&dng be !o&d or a&enated to a ne) o)ner; )'at 'a//en! to t'e rg't! and ob&gaton! of t'e tran!feree and '! 'er!

Do%trne on !e%$rty of &and ten$re

/he transferee and his heirs are subrogated to the rights and obligations of the former landowner. @owever, the change of landowner cannot be allowed to raise the status of a mere caretaker or tiller – sharer to that of  an agricultural tenant and leaseholder.

ecurity of land tenure Ethe agricultural leasehold relation under this Code, shall not be e+tinguished by mere e+piration of the term or period in the leasehold contract, in case the agricultural lessor sells, alienates of  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.F ;n order to possess the status of a de jure tenant, the following essential  requisites must concur , to wit8 ". 2. . -. (. '.

the parties are the landowner and the tenant the sub=ect is agricultural land there is consent the purpose is agricultural production there is personal cultivation there is sharing of harvests.

/he absence of one does not make an occupant of a parcel of land or a cultivator thereof, a de =ure tenant, hence cannot invoke the defense of  security of tenure.

Ca$!e! for E