Agricultural Lands And Land Reform Laws Flashcards
RA 1199
Agricultural Tenancy Act of the Philippines
two persons agree on a jointundertaking for agricultural production; one
party furnishes the land, the other his labor with either or both contributing any one or several of the items of production. The produce is divided in proportion to their respective contributions.
Share tenancy
a person, alone or with aid,
undertakes to cultivate a piece of agricultural
land belonging to or legally possessed by another; a price certain or ascertainable is to be paid by
the person cultivating the land either in percentage of production or fixed amount in money or in both.
Leasehold tenancy
one who cultivates the land belonging
to another
Tenant
natural or juridical person who
owns or legally possess a land and grants another to cultivate it
Landholder
TENANCY RELATIONSHIP
Juridical tie which arises between a landholder and a tenant once they agree, expressly or impliedly to undertake jointly the cultivation of land under chosen system, as a result of which relationship the tenant acquires the right to _____
continue working on and cultivating the land until and unless he is evicted of his holdings for any just causes.
Exemption from Lien and/or Attachment:
• Twenty five percent (25%) of tenant’s share of the
products in share tenancy
• Twenty five percent (25%) of the entire produce in leasehold tenancy
• One work animal less than five hundred pesos
• One of each kind of farm implements less than five hundred pesos
RA 3844
Agricultural Land Reform Code
This law abolished Share tenancy Act
RA 3844 Agricultural Land Reform Code
Effectivity date of RA 3844
August 8, 1963
What system of agricultural tenancy is to replace all existing tenancy system according to RA 3844?
Agricultural leasehold system
Agricultural Leasehold Relation
Extinguishment:
(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 3 months in advance; Or
(3) Absence of the persons to succeed to the
lessee, in the event of death or permanent incapacity of the lessee.
PD 27
Tenant Emancipation Decree
Decreeing the emancipation of tenants from the bondage of the soil, transferring to them the ownership of the land they till and providing the instruments and mechanisms therefore.
PD 27
PD 27
Tenant farmer shall be deemed owner of a portion constituting a family-size farm of ___ hectares if not irrigated and ___hectares if irrigated.
5 has
3 has
PD 27
Retention limit for landowner in all cases:
seven (7) hectares; provided that the land is cultivated or is to be cultivated
An Act instituting a comprehensive Agrarian Reform Program to promote social justice and industrialization, providing the mechanism for its implementation, and for other purposes.
Comprehensive Agrarian Reform Law of 1988 (Republic
Act No. 6657).
Approved date of RA 6657
June 10, 1988
Redistribution of lands, regardless
of crops or fruits produced, to farmers and regular farm workers who are landless,irrespective of tenurial arrangement, to include the totality 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.
Agrarian Reform
any agricultural land not
cultivated, tilled or developed to produce any crop nor devoted to any specific economic purposes
continuously for a period of three (3) years but
does not include land that has become permanently or
regularly devoted to non-agricultural purposes. It does
not include land which has become unproductive by
reason of force majeure or any other fortuitous event,
provided that prior to such event, such land was
previously used for agricultural or other economic
purpose.
Idle or Abandoned Land
RA 6657
RETENTION LIMITS
Retention limits as determined by the Presidential
Agrarian Reform Council (PARC):
Landowner: five hectares (5 ha)
- For EACH child: three hectares (3 ha)
- provided however that he is at 15 years old and that he is actually tilling the land or directly managing
the farm
private agricultural lands devoted to salt beds, fruit farms, orchards, vegetable and cut-flower farms, and cacao, coffee and rubber plantations.
Commercial Farms
Registration of Beneficiaries:
________ registers all agricultural lessees, tenants and farm workers who are qualified to be beneficiaries.
Barangay Agrarian Reform Council (BARC)
coordinate and monitor
the implementation of the CARP in the province;
provide information on the provisions of the CARP, guidelines issued by the PARC and on the progress of the CARP in the province
Provincial Agrarian Reform Coordinating Committee (PARCCOM)
The maximum area a beneficiary can be awarded is ____ hectares of contiguous tract or several parcels of land cumulated up to the prescribe award limits.
3 has
As an evidence of ownership of the beneficiary, he
shall be awarded the ________ containing the restrictions and
conditions provided.
Certificate of Land Ownership
Award (CLOA)
Order of priority of land redistribution:
- agricultural lessees and share tenants
- regular farm workers
- seasonal farm workers
- other farm workers
- actual tillers or occupants of publiclands
- collective or cooperatives of the above
beneficiaries - others directly working on the land
Definition of Landless beneficiary
one who owns less than 3 hectares of land
presupposes that something is defective, hence, needs correction.
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 obligations in the cultivation and management of landholding.
Land 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 the government.
Agrarian Reform
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
Land Tenure Structure
refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers’ associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements.
Agrarian Dispute
This Act instituted transfer of friar lands to the tenants to diffuse the peasant unrest which found expression in the 1898 Revolution against Spain
Friar Lands Act
aimed at protecting tenants against abuses of landlords. This Act provided for a 50-50 sharing of the crop, an interest rate ceiling at 10 percent per crop year, safeguards against arbitrary dismissal of tenants by landlords.
Public Act No. 4054 Rice Share Tenancy Act of 1933
passed on February 27, 1933 by the Philippine Legislative during the time of Governor-General Theodore Roosevelt
this law governed the relationship between landowners and tenants in sugarlands which makes it a duty of the sugar central where the sugarcanes are milled by the landowner thereat, upon the demand of the said tenant, which receipt shall be the basis of the computation of the tenant’s share from the cane harvested. Basically, this Act makes it a duty of the sugar central to exhibit to the tenants the receipts of the number of tons milled by the landowner thereat.
Sugarcane Tenancy Contracts of 1933
This law was passed during the incumbency of President Manuel Roxas, which amended certain sections of the Rice Share Tenancy Act of 1933 providing for a 70-30 crop-sharing method
RA 34 of 1946
In RA 34 of 1946, what will be the sharing arrangements in case the land is planted with rice on a second cropping or other auxiliary crops?
It further provides that in the case the land is planted with rice on a second cropping or other auxiliary crops, all expenses of production shall be shouldered by the tenant, but the sharing arrangement shall be 80% for the tenant, and 20% for the landowner of the net harvest
In RA34 or 1946, Aside from the change in the sharing system, the legislation also provided for a home lot for the tenant which is not less than ____.
600 square meters
Governed the relationship between landowners and tenant farmers by organizing share-tenancy and leasehold system. The law provided the security of tenure of tenants.
RA 1199 of 1954
Agricultural Tenancy Act of the Philippines
The law that created the Court of Agrarian Reforms.
RA 1199 of 1954
Agricultural Tenancy Act of the Philippines
An Act Creating the Court of Agrarian Relations to try and decide all matters arising from the relationship of persons in the cultivation and use of agricultural lands.
Republic Act. No. 1267
an improvement of RA. No. 3844, this amendatory Act featured the creation of the Department of Agrarian Reforms (DAR).
Republic Act No. 6389 (Code of Agrarian Reforms)
Declaring full landownership to qualified beneficiaries covered by Presidential Decree No. 27.
Executive Order No. 228
Providing for the mechanisms for the implementation of the comprehensive agrarian reform program, creating the Presidential Agrarian Reform Council (PARC)
Executive Order No. 229
primary agrarian land reform measure in the country today, its operation covers all public and private agricultural lands, including other lands of the public domain suitable for agriculture
Republic Act No. 6657 Comprehensive Agrarian Reform Law
strengthen the Comprehensive Agrarian Reform Program, extending the acquisition and distribution of all agricultural lands, instituting necessary reforms, amending for the purpose certain provisions of republic act no. 6657
Republic Act No. 9700 CARP
PD 27
For the purpose of determining the cost of the land to be transferred to the tenant-farmer pursuant to this Decree, the value of the land shall be equivalent to ________ immediately preceding the promulgation of this Decree,
The total cost of the land, including interest at the rate of _____ per annum, shall be paid by the tenant in ___ years of ______ amortizations,
two and one-half (21/2) times the average harvest of three normal crop years
six (6) per centum
fifteen (15) years
fifteen (15) equal annual
All agrarian disputes are now under the cognizance of the Department of Agrarian Reform thru the
Agrarian Reform Adjudication Board (ARAB)
Under the present law (R.A. No. 6657) all controversies involving the determination of just compensation and prosecution of all criminal offenses arising from violations of the provisions of this Act, fall under the original and exclusive jurisdiction of ____
Special Agrarian Courts (SAC)
Modes of Land Tenure (LSOCL)
Leasehold System
Share Tenancy
Owner-Cultivatorship
Cooperative - Cultivatorship
Labor administration
Characterized by a tenant farmer personally and actually cultivating the farmmholding under a leasehold relationship whereby the lessee pays a fixed amount of rentalwhether in cash or in kind to the lessor.
Leasehold System
a mode of land tenure where a person who, providing capital and management, personally cultivates his own land with the aid of his immediate family and household.
Owner-Cultivatorship
form of agrarian relationship among members of a cooperative who work and live on the land as tillers in common.
Cooperative - Cultivatorship
employs laborers and workers on a daily wage basis, and engaged in a large scale plantation farming of permanent crops by their respective managers.
Labor administration
Doctrine of Security of Land Tenure
“the agricultural leasehold relation under this Code, shall not be extinguished by mere expiration of the term or period in the leasehold contract, 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
RA 3844
PROHIBITIONS TO AGRICULTURAL LESSEE
a. To contract to work additional landholdings belonging to a different agricultural lessor;
b. To acquire and personally cultivate a family-size farm without knowledge and consent of the agricultural lessor;
c. To employ a sub-lessee.
The right of pre-emption may be exercised within _____ from notice in writing, which shall be served by the owner on all lessees affected and the Department of Agrarian Reform.
one hundred eighty (180) days
The right of redemption under this Section may be exercised within ____ from the registration of the sale, and shall have priority over any other right of legal redemption
two years
Land distribution limit
3 hectares per beneficiary
RA 6657
PAYMENT BY BENEFICIARIES
Lands awarded pursuant to this Act shall be paid for by the beneficiaries to the LBP in _____ amortizations at ____ interest per annum. Which shall start ___ year from the date of the certificate of land ownership award registration. However, if the occupancy took place after the certificate of land ownership award registration, the amortization shall start year from actual occupancy. (Sec. 11, CARPER/Sec. 26, CARL)
thirty (30) annual amortization
six percent (6%) interest
1year
one (1) year
Shall the Lands acquired by beneficiaries under this Act or other agrarian reform laws be sold, transferred or conveyed?
Lands acquired by beneficiaries under this Act or other agrarian reform laws shall not be sold, transferred or conveyed for a period of 10 years.
XPN: hereditary succession, or to the government, or to the LBP, or to other qualified beneficiaries through the DAR
Landowners, other than banks and other financial Institutions, who voluntarily offer their lands for sale shall be entitled to an additional ____ payment.
five percent (5%) cash payment
