AGRI Law Flashcards
Emancipation of Tenant-Farmers from Bondage of the Soil (Tenant Emancipation Act)
PD 27
PD 27 date
October 21, 1972
PD 27 applies to tenant-farmers of private agricultural lands devoted to ___ under a system of ___, whether classified as landed estate or not
rice and corn, sharecrop or lease-tenancy
PD 27: Farmers to have ownership of family-size farm of
5 hectares if not irrigated
3 hectares if irrigated
PD 27: The landowner may retain an area of not more than ___ if such landowner is cultivating such area or will cultivate it
7 hectares
PD 27: the value of the land shall be equivalent to ___ immediately preceding the promulgation of this Decree
2 1/2 time the average harvest of three normal crop years
PD 27. The total cost of land, including interest at the rate of ___ shall be paid by the tenant in ___
6 per centum per annum, 15 years of 15 equal annual amortizations
land is not transferable except by
hereditary succession or to the government
tenant-farmer has to become a ___ to own land title
a full-fledged member of a duly recognized famer’s cooperative
Comprehensive Agrarian Reform Program of 1988
RA 6657
RA 6657 was approved on
June 10, 1988
RA 6657 effectivity date
June 15, 1988
DOJ Opinion No. 44, Series of 1990 state that with respect to the conversion of agricultural lands covered by RA 6657 to non-agricultural uses, the authority of the Department of Agrarian Reform (DAR) to approve such conversion may be exercised from the date of its effectivity of its effectivity, or on June 15, 1988. Thus, all lands that are already classified as ___ no longer need any conversion clearance
commercial, industrial, or residential before June 15, 1988
redistribution of lands regardless of crops or fruits produced, to farmers, and regular farm workers who are landless
Agrarian Reform
cultivation of the soil, planting of crops, growing of trees, raising of livestock, poultry or fish including the harvesting of such farm products and other farm activities and practices performed by a farmer in conjunction with such farming operations done by persons whether natural or juridical
Agriculture, Agricultural Enterprise or Agricultural Activity
devoted to agricultural activity, not classified as mineral, forest, residential, commercial, or industrial land
Agricultural land
any controversy relating to tenurial arrangement whether leasehold tenancy and stewardship concerning farmworker’s associations
Agrarian dispute
as amended by ___ remove the phrase “raising of livestock, poultry and fish” from Agriculture, Agricultural Enterprise or Agricultural Activity
Section 1, RA 7881
a natural employed on a permanent basis by a agricultural enterprise or farm
regular farmworker
a natural person who is employed on a recurrent, periodic or intermittent basis by an agricultural enterprise or farm, whether as a permanent or a nonpermanent laborer, such as “dumaan”. “scada”, and the like
seasonal farmworker
organizations composed primarily of small agricultural producers, farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land, human, technological, financial or other economic resources, and operated on the principle of one member, one vote
Cooperatives
women who are engaged directly or indirectly in farming and/or fishing as their source of livelihood, whether paid or unpaid, regular or seasonal, or in food preparation, managing the household, caring for the children, and other similar activities
Rural women
RA 6657 Coverage
(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture
(b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph
(c) All other lands owned by the Government devoted to or suitable for agricultural; and
(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised
The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in ___, including other lands of the public domain suitable for agriculture: Provided, ___
Proclamation No. 131 and Executive Order No. 229, That landholdings of landowners with a total area of five (5) hectares shall not be covered for acquisition and distribution to qualified beneficiaries
RA 6657 schedule of implementation
within 10 years from the effectivity of this act
RA 6657 retention limits
In no case shall retain not exceeding five (5) hectares. Three (3) hectares may be awarded to each child of the landowner, subject to the following qualifications:
(1) that he is at least fifteen (15) years of age
(2) that he is actually tilling the land or directly managing the farm
RA 6657 determination of just compensation
(1) Cash payment
(2) Shares of stock in government-owned or controlled corporations
(3) Tax credits which can be used against any tax liability
(4) LBP bonds
After the lapse of ___ from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial, or industrial purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition: provided that the shall fully paid his obligation
5 years
Lands acquired by beneficiaries under this Act may not be sold, transferred or conveyed except through hereditary succession, or to the government, or the LBP, or to other qualified beneficiaries for a period of ___: provided, however, that the children or the spouse of the transferor shall have a right to repurchase the land from the government or LBP within a period of ___
ten (10) years, two (2) years
Comprehensive Agrarian Reform Program Extension with Reforms
RA 8532
RA 8532 approved on
February 23, 1998
The act amends Section 63 of RA 6657 to provide additional funding for the comprehensive agrarian reform program
RA 8532 (Comprehensive Agrarian Reform Program Extension with Reforms)
It authorizes an additional P50 billion in funding for CARP implementation until 2008, in addition to the initial P50 billion provided under EO 229
RA 8532 (Comprehensive Agrarian Reform Program Extension with Reforms)
Comprehensive Agrarian Reform Program Extension with Reforms
RA 9700
RA 9700 approved on
August 7, 2009
RA 9700: Landholdings of ___ are exempt from acquisition
5 hectares and below
RA 9700: Government units acquiring private lands for public purposes are
exempt from retention limits
RA 9700: Lands above ___ will be prioritized for acquisition until 2012, followed by lands ___ until 2013, then lands ___ until 2014
50 hectares, 24-50 hectares, 10-24 hectares
Applications for conversion above 50 hectares shall be approved by the ___
Secretary of Agrarian Reform
Applications for conversion up to 50 hectares shall be approved by
Under-secretary for Planning and Policy
Title issued to agrarian reform beneficiaries were to become indefeasible and imprescriptible after ____
one year of registration
Beneficiaries could opt for individual or collective land ownership not exceeding ___ for cooperatives
3 hectares
RA 9700: Payments to LBP awarded lands were to be in ___ starting one year after registration
30 annual amortizations at 6% interest
is given primary jurisdiction over agrarian reform implementation and dispute settlement
DAR
RA 9700: Lands can be converted to non-agricultural use after ___ if no longer viable for farming or in urbanized areas, with government approval and investment of sale proceeds
5 years
these are former haciendas or landholdings of private individuals or corporations which have been acquired by the Government under different laws
Landed Estates