Agrarian Reform Law

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Agrarian Reform Law

Transcript of Agrarian Reform Law

AGRARIAN REFORM

AGRARIAN REFORMA Brief History of Agrarian ReformTHREE STAGES OF AGRARIAN REFORMA Brief History of Agrarian ReformTHREE STAGES OF AGRARIAN REFORM

FIRST STAGE: SHARE TENANCY

A Brief History of Agrarian ReformTHREE STAGES OF AGRARIAN REFORM

FIRST STAGE: SHARE TENANCYSECOND STAGE: AGRICULTURAL LEASEHOLD

A Brief History of Agrarian ReformTHREE STAGES OF AGRARIAN REFORM

FIRST STAGE: SHARE TENANCYSECOND STAGE: AGRICULTURAL LEASEHOLDTHIRD STAGE: FULL OWNERSHIPFIRST STAGE: SHARE TENANCYRepublic Act No. 1999 -The Agricultural Tenancy Act of the PhilippinesFIRST STAGE: SHARE TENANCYRepublic Act No. 1999 -The Agricultural Tenancy Act of the PhilippinesEnacted on August 30, 1954

FIRST STAGE: SHARE TENANCYWHAT IS SHARE TENANCY?FIRST STAGE: SHARE TENANCYShare Tenancy exists whenever two persons agree on a joint undertaking 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 in proportion to the respective contributions. (Sec. 4. R.A. 1199.)

FIRST STAGE: SHARE TENANCYShare Tenancy:The parties are: the landlord and the tenant

FIRST STAGE: SHARE TENANCYShare Tenancy:The parties are:LANDLORD - a person, natural or judicial, who either as owner, lessee, usufructuary, or legal possessor, lets or grants to another the use or cultivation of his land for a consideration in shares under the share tenancy system FIRST STAGE: SHARE TENANCYFIRST STAGE: SHARE TENANCYLessee - person who himself and with the aid available from within his immediate farm household, cultivates the land belonging to or possessed by, another, with the latters consent for purpose of production, sharing the produce with the landholder under the share tenancy systemFIRST STAGE: SHARE TENANCYShare Tenancy:The relationship is contractual - (joint undertaking )

FIRST STAGE: SHARE TENANCYShare Tenancy:The relationship is contractual- The landlord furnishes the land

FIRST STAGE: SHARE TENANCYShare Tenancy:The relationship is contractual - the produce thereof to be divided between the landholder and the tenant in proportion to the respective contributions.FIRST STAGE: SHARE TENANCYBasis of crop shares under R.A. 1999SECTION 41. Basis of Shares in Crops other than Rice. - The landholder and the tenant on lands which produce crops other than rice shall be free to enter into any contract stipulating the ratio of crop division. In the absence of a stipulation, the customs of the place shall govern:FIRST STAGE: SHARE TENANCY Provided, That whether the basis of division of the crop is the contract between the parties or the customs of the place, the share of the tenant for his labor in the production shall not be less than thirty per cent of the harvest or produce, after deducting the expenses for harvesting and/or initial processing:

FIRST STAGE: SHARE TENANCY Provided, further, That in cases where the share of the tenant is, according to local practices or customs prevailing at the time of the approval of this Act, more than the minimum herein set, the tenant's share thus established by local practices or customs shall prevail and be considered the minimum.

FIRST STAGE: SHARE TENANCYBreakdown of Sec. 411. The landlord and the tenant may enter into a contract stipulating the ratio of crop division; orFIRST STAGE: SHARE TENANCYBreakdown of Sec. 412. Where no stipulation was entered into, the customs on of the place in the ratio of share division shall govern.FIRST STAGE: SHARE TENANCYBreakdown of Sec. 413. In both cases, the share of the tenant shall not be less than thirty per cent of the harvest or produce, after deducting the expenses for harvesting and/or initial processingFIRST STAGE: SHARE TENANCYBreakdown of Sec. 414. Where the basis of sharing is the custom of the place, and where such custom provides for a higher percentage of sharing in favour of the tenant than the thirty percent minimum, the former shall prevail.FIRST STAGE: SHARE TENANCYEssential Requisites of a Tenancy RelationshipFIRST STAGE: SHARE TENANCYEssential Requisites of a Tenancy Relationship1. The parties are the landowner/landlord and the tenant or agricultural lesseeFIRST STAGE: SHARE TENANCYEssential Requisites of a Tenancy Relationship2. The subject matter of the relationship is agricultural landFIRST STAGE: SHARE TENANCYEssential Requisites of a Tenancy Relationship4. The purpose of the relationship is to bring about agricultural productionFIRST STAGE: SHARE TENANCYEssential Requisites of a Tenancy Relationship5. There is personal cultivation on the part of the tenant or agricultural lessee; and FIRST STAGE: SHARE TENANCYEssential Requisites of a Tenancy Relationship6. The harvest is shared between the landowner and the tenant or agricultural lesseeFIRST STAGE: SHARE TENANCYNOTE: Under RA 1199, there are two systems of agricultural tenancy established: (1) the share tenancy and (2) the leasehold tenancy.SECOND STAGE: AGRICULTURAL LEASEHOLDR.A. 3844 or the Agricultural Land Reform CodeSECOND STAGE: AGRICULTURAL LEASEHOLDR.A. 3844 or the Agricultural Land Reform Code8 August 1963

SECOND STAGE: AGRICULTURAL LEASEHOLDR.A. 3844 or the Agricultural Land Reform Code8 August 1963Amended by R.A. 6389SECOND STAGE: AGRICULTURAL LEASEHOLDR.A. 3844, as amended, abolished and outlawed share tenancy for being contrary to public policy(Section 4, R.A. 3844, as amended)SECOND STAGE: AGRICULTURAL LEASEHOLDEffect of abolishment of share tenancy:Agricultural leasehold tenancy was established by operation of law (Sec. 5)SECOND STAGE: AGRICULTURAL LEASEHOLDParties in a Leasehold Tenancy:1. The landlord/lessor

SECOND STAGE: AGRICULTURAL LEASEHOLDParties in a Leasehold Tenancy:1. The landlord/lessor2. The Tenant-Lessee SECOND STAGE: AGRICULTURAL LEASEHOLDWho is the LANDLORD/LESSOR?

SECOND STAGE: AGRICULTURAL LEASEHOLDHe is the person (natural or juridical) who furnishes the land as:1. Owner

SECOND STAGE: AGRICULTURAL LEASEHOLDHe is the person (natural or juridical) who furnishes the land as:1. Owner 2. Civil Law Lessee

SECOND STAGE: AGRICULTURAL LEASEHOLDHe is the person (natural or juridical) who furnishes the land as:1. Owner 2. Civil Law Lessee3. Usufructuary

SECOND STAGE: AGRICULTURAL LEASEHOLDHe is the person (natural or juridical) who furnishes the land as:1. Owner 2. Civil Law Lessee3. Usufructuary4. Legal Possessor

SECOND STAGE: AGRICULTURAL LEASEHOLDHe is also referred to as the agricultural lessor as defined under Section 166(3) of R.A. 3844

SECOND STAGE: AGRICULTURAL LEASEHOLDSec. 166.Definition of Terms. - As used in Chapter I of this Code: xxx (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.SECOND STAGE: AGRICULTURAL LEASEHOLDIs this definition of a landlord applicable to circumstances falling under the CARL?

SECOND STAGE: AGRICULTURAL LEASEHOLDIs this definition of a landlord applicable to circumstances falling under the CARL?In my opinion, YES!

SECOND STAGE: AGRICULTURAL LEASEHOLDWHY?

SECOND STAGE: AGRICULTURAL LEASEHOLDWHY?Because while the CARL covers LANDOWNERS, still a leasehold tenancy relationship may exist as established by the legal possessor who is not the landowner.SECOND STAGE: AGRICULTURAL LEASEHOLDHowever, in this scenario, the landowner must have consented to the instalment of tenants.SECOND STAGE: AGRICULTURAL LEASEHOLDThe correct view that must necessarily be adopted is that the civil law lessee, although a legal possessor, may not install tenants on the property unless expressly authorized by the lessor. Valencia vs. Court of Appeals [G.R. No. 122363, April 29, 2003]SECOND STAGE: AGRICULTURAL LEASEHOLDThus, where the owner authorizes the civil law lessee or the legal possessor to install tenants, an agricultural leasehold tenancy may exist.SECOND STAGE: AGRICULTURAL LEASEHOLDThus, where the owner authorizes the civil law lessee or the legal possessor to install tenants, an agricultural leasehold tenancy may exist.SECOND STAGE: AGRICULTURAL LEASEHOLDWho is the TENANT-LESSEE?SECOND STAGE: AGRICULTURAL LEASEHOLDHe is the person who personally cultivates the land with the aid of labor from his immediate farm household (Sec. 6, RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDHe is also referred to as the agricultural lessee as defined under Section 166(2) of R.A. 3844SECOND STAGE: AGRICULTURAL LEASEHOLDSec. 166.Definition of Terms. - As used in Chapter I of this Code: xxx (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.SECOND STAGE: AGRICULTURAL LEASEHOLDSec. 166.Definition of Terms. - As used in Chapter I of this Code: xxx (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.SECOND STAGE: AGRICULTURAL LEASEHOLDAgricultural Leasehold Tenancy vs. Civil Law Lease(Gabriel vs. Pangilinan, G.R. No. L-27797, Aug. 26, 1974)SECOND STAGE: AGRICULTURAL LEASEHOLDLeasehold TenancyCivil Law LeaseSubject