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 MatterAgricultural Landrural or urban propertyCultivationPersonal cultivation by tenantCivil law lessee need not personally cultivate landPurposeAgricultural productionAny other lawful pursuitsGoverning LawSpecial LawsCivil CodeSECOND STAGE: AGRICULTURAL LEASEHOLDA civil law lessee who fails to return landholding to the LO becomes a deforciant; He cannot install a lawful tenant.Valencia vs. Court of Appeals [G.R. No. 122363, April 29, 2003]

SECOND STAGE: AGRICULTURAL LEASEHOLDBut how do we determine whether the relationship is a leasehold or a civil law lease?SECOND STAGE: AGRICULTURAL LEASEHOLDThe principal factor in determining whether a tenancy relationship exists is intent.(Valencia vs. Court of Appeals [G.R. No. 122363, April 29, 2003])SECOND STAGE: AGRICULTURAL LEASEHOLDThus, Tenancy is not a purely factual relationship dependent on what the alleged tenant does upon the land.SECOND STAGE: AGRICULTURAL LEASEHOLD. It is also a legal relationship. The intent of the parties, the understanding when the farmer is installed, and their written agreements, provided these are complied with and are not contrary to law, are even more important. (Valencia case, ibid.)SECOND STAGE: AGRICULTURAL LEASEHOLDThe fact of working on anothers landholding does not raise presumption of the existence of a tenancy relationship. (Berenguer, Jr. v. Court of Appeals, G.R. No. L-60287August 17, 1988)SECOND STAGE: AGRICULTURAL LEASEHOLDA tenancy relationship cannot be presumed. There must be evidence to prove this allegation. (Valencia case, supra.)SECOND STAGE: AGRICULTURAL LEASEHOLDLand covered by R.A. 3844- Agricultural LandSECOND STAGE: AGRICULTURAL LEASEHOLD"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. (Sec. 166 (1), R.A. 3844, as amended.)SECOND STAGE: AGRICULTURAL LEASEHOLDAgricultural Leasehold Contract in General SECOND STAGE: AGRICULTURAL LEASEHOLDAgricultural Leasehold Contract in General SECOND STAGE: AGRICULTURAL LEASEHOLDAgricultural Leasehold Contract in General The Agricultural/Lessor and the Agricultural Lessee shall be free to enter into any kind of terms, conditions or stipulation in a leasehold contract, as long as they are not contrary to law, morals, or public policy. (Sec. 15, RA 3844).SECOND STAGE: AGRICULTURAL LEASEHOLDThe agricultural leasehold relation shall be established by:1. Operation of law in accordance with Sec. 4, RA 3844.2. Orally or in writing, express or impliedly. (Sec. 5 RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDForm and Registration of the Leasehold Contract (Sec. 17, R.A. 3844 as amended)SECOND STAGE: AGRICULTURAL LEASEHOLD1. The contract must be in writing (quadruplicate)SECOND STAGE: AGRICULTURAL LEASEHOLD2. In a language or dialect known to the agricultural lessee.SECOND STAGE: AGRICULTURAL LEASEHOLD3. Signed or thumb-marked both by the agricultural lessee personally and by the agricultural lessor or his authorized representative, before two witnesses, to be chosen by each party.SECOND STAGE: AGRICULTURAL LEASEHOLD4. The contracting parties shall acknowledge the execution of the contract before the justice of the peace of the municipality where the land is situated. (No fees or stamps required.)SECOND STAGE: AGRICULTURAL LEASEHOLD5. Each of the contracting parties shall retain a copy of the contract.SECOND STAGE: AGRICULTURAL LEASEHOLD6. The Third copy is delivered by the judge to the Municipal Treasurer of the place where the land is located.SECOND STAGE: AGRICULTURAL LEASEHOLD7. The Fourth copy is delivered to the Office of the Agrarian Counsel.SECOND STAGE: AGRICULTURAL LEASEHOLDThe Agricultural Leasehold Contract shall be conclusive between the contending parties if not denounced or impugned within thirty (30) days after its registration, except, in case of mistake, violence, intimidation, undue influence or fraud.SECOND STAGE: AGRICULTURAL LEASEHOLDIs registration required for the validity / effectivity of the leasehold contract?SECOND STAGE: AGRICULTURAL LEASEHOLDIn my opinion, registration is not necessary for the leasehold contract to be valid / effective.SECOND STAGE: AGRICULTURAL LEASEHOLDREASON:The law itself provides that a leasehold contract may be made orally.SECOND STAGE: AGRICULTURAL LEASEHOLDAn agricultural leasehold relation is not determined by the explicit provisions of a written contract alone. Section 5 of Republic Act (R.A.) No. 3844, otherwise known as the Agricultural Land Reform Code, recognizes that an agricultural leasehold relation may exist upon an oral agreement.(Galope vs. Bugarin, G.R. No. 18569, February 1, 2012.)

SECOND STAGE: AGRICULTURAL LEASEHOLDEven as we uphold time and again the existence and validity of implied agricultural tenancy agreements, we encourage the forging of written documents to prevent ambiguity as to the terms set by both parties and for them to express their intent in clear language.

SECOND STAGE: AGRICULTURAL LEASEHOLDAn express tenancy agreement would facilitate the aims of the agricultural tenancy laws and promote social justice for both landowner and tenant.(Valencia vs. Court of Appeals, G.R. No. 122363, April 29, 2003)SECOND STAGE: AGRICULTURAL LEASEHOLDWhat is crucial and indispensable is the existence of the essential requisites / elements of a leasehold tenancy relationship.(NICORP Management vs. De Leon, G.R. No. 176942)SECOND STAGE: AGRICULTURAL LEASEHOLDEssential Requisites/Elements of an Agricultural Tenancy RelationshipSECOND STAGE: AGRICULTURAL LEASEHOLDThis Court has synthesized the principal elements of a leasehold tenancy contract or relation as follows: (1) The object of the contract or the relationship is an agricultural land which is leased or rented for the purpose of agricultural production; SECOND STAGE: AGRICULTURAL LEASEHOLD(2) the size of the landholding must be such that it is susceptible of personal cultivation by a single person with assistance from the members of his immediate farm household; SECOND STAGE: AGRICULTURAL LEASEHOLD(3) the tenant-lessee must actually and personally till, cultivate or operate said land, solely or with the aid of labor from his immediate farm household; andSECOND STAGE: AGRICULTURAL LEASEHOLD(4) the landlord-lessor, who is either the lawful owner or the legal possessor of the land, leases the same to the tenant lessee for a price certain or ascertainable either in an amount of money or produce (Novesteras vs. CA, G.R. No. L-36654, March 3, 1987)SECOND STAGE: AGRICULTURAL LEASEHOLDLater jurisprudence has fine-tuned these elements, as follows:SECOND STAGE: AGRICULTURAL LEASEHOLDElements of Agricultural TenancyThe following are the essential requisites for the existence of a tenancy relation:a)The parties are the landholder and the tenant;b)The subject is agricultural land;c)There is consent by the landholder for the tenant to work on the land, given either orally or in writing, expressly or impliedly;SECOND STAGE: AGRICULTURAL LEASEHOLDd)The purpose is agricultural production;e)There is personal cultivation or with the help of the immediate farm household; andf)There is compensation in terms of payment of a fixed amount in money and/or produce.SECOND STAGE: AGRICULTURAL LEASEHOLDAll these requisites must concur in order to create a tenancy relationship between the parties. SECOND STAGE: AGRICULTURAL LEASEHOLDThe 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. SECOND STAGE: AGRICULTURAL LEASEHOLDThis is so because unless a person has established his status as a de jure tenant, he is not entitled to security of tenure nor is he covered by the Land Reform Program of the Government under existing tenancy laws."SECOND STAGE: AGRICULTURAL LEASEHOLDThe existence of tenancy relationship entitles tenant to security of tenure.

SECOND STAGE: AGRICULTURAL LEASEHOLDThis rule proceeds from the principle that a tenancy relationship, once established, entitles the tenant to a security of tenure. The tenant can only be ejected from the agricultural landholding on grounds provided by law.

Galope vs. Bugarin, G.R. No. 18569, February 1, 2012.

SECOND STAGE: AGRICULTURAL LEASEHOLDOne of the elements of a tenancy relationship is that the tenant must either personally or with the help of his immediate family household.Can the tenant hire his own farm laborers?

SECOND STAGE: AGRICULTURAL LEASEHOLDThe hiring of farm laborers by the tenant on a temporary, occasional, or emergency basis does not negate the existence of the element of personal cultivation essential in a tenancy or agricultural leasehold relationship.(Galope vs. Bugarin, G.R. No. 18569, February 1, 2012)

SECOND STAGE: AGRICULTURAL LEASEHOLDRELEVANT JURISPRUDENCE

SECOND STAGE: AGRICULTURAL LEASEHOLDELEMENT: LOs consent for Tenant to work on land

The fact alone of working on anothers landholding does not raise a presumption of the existence of agricultural tenancy. Valencia vs. Court of Appeals [G.R. No. 122363, April 29, 2003]

SECOND STAGE: AGRICULTURAL LEASEHOLDELEMENT: LOs consent for Tenant to work on land

Occupancy and continued possession of the land will not ipso facto make one a de jure tenant. (Heirs of Barredo vs. Besanes, G.R. No. 164695, December 13, 2010.)SECOND STAGE: AGRICULTURAL LEASEHOLDELEMENT: Personal Cultivation

Can the tenant hire his own farm laborers?SECOND STAGE: AGRICULTURAL LEASEHOLDELEMENT: Personal CultivationThe hiring of farm laborers by the tenant on a temporary, occasional, or emergency basis does not negate the existence of the element of personal cultivation essential in a tenancy or agricultural leasehold relationship. (Galope vs. Bugarin, G.R. No. 18569, February 1, 2012)

SECOND STAGE: AGRICULTURAL LEASEHOLDELEMENT: CompensationBejasa v. Court of Appeals similarly ruled that to prove sharing of harvests, a receipt or any other evidence must be presented as self-serving statements are deemed inadequate. (Valencia vs. Court of Appeals [G.R. No. 122363, April 29, 2003])

SECOND STAGE: AGRICULTURAL LEASEHOLDRIGHTS ON AN AGRICULTURAL LESSEE

SECOND STAGE: AGRICULTURAL LEASEHOLDRight to Security of Tenure

The tenant-lessee has the right to the possession and peaceful enjoyment of the land (Sec. 71 RA 3844)(Bernardo vs. CA, 168 SCRA 439)

SECOND STAGE: AGRICULTURAL LEASEHOLDRight to a Homelot

(Sec. 24, RA 3844) LOI 705 (June 10, 1978)SECOND STAGE: AGRICULTURAL LEASEHOLDRight of Pre-Emption

Tenant-Lessee has the preferential right to buy the land under reasonable terms and conditions in cases where the LO decides to sell the land (Sec.11, RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDRight of Pre-Emption

This right, like any other right of an agricultural lessee, may only be asserted if a tenancy relationship exists. Thus, the SC held:

SECOND STAGE: AGRICULTURAL LEASEHOLDRight of Pre-Emption The sale of the land to Chan likewise did not violate R.A. No. 3844 or theAgricultural Tenancy Act.Considering that respondents have failed to establish their status as de jure tenants, they have no right of pre-emption or redemption under Sections 11 and 12 of the said law. (Samson vs. Susano, G.R. No. 179024)

SECOND STAGE: AGRICULTURAL LEASEHOLDRight of Redemption

The right to redeem the land at a reasonable price and consideration if the land is sold to a third persons without his knowledge (Sec. 12, RA 3844)

SECOND STAGE: AGRICULTURAL LEASEHOLDRight of Redemption

The right of the agricultural lessee to redeem the land he has been working on that has been disposed of without his knowledge is statutory in character.SECOND STAGE: AGRICULTURAL LEASEHOLDIt is created by and rests upon the provisions of a particular law, and attaches to a particular landholding by operation of law.(Sarne, et al. vs. Maquiling)SECOND STAGE: AGRICULTURAL LEASEHOLDNOTE: Both the Pre-emption and Redemption Rights are rooted on the right of the tenant-lessee to security of tenure. This means that the relationship of landholder and tenant can only be terminated for causes provided by law.(Sarne, et al. vs. Maquiling)SECOND STAGE: AGRICULTURAL LEASEHOLDRight to be paid DISTURBANCE COMPENSATION in case of approved land use conversion (Sec. 36 (1), RA 3844 as amended by Sec.7(1), RA 6389)SECOND STAGE: AGRICULTURAL LEASEHOLDSection 36 of RA 3844, as amended, now reads:SECTION 36.Possession of Landholding; Exceptions. Notwithstanding any agreement as to the period or future surrender, of the land, an agricultural lessee shall continue in the enjoyment and possession of his landholdingSECOND STAGE: AGRICULTURAL LEASEHOLDexcept when his dispossession has been authorized by the Court in a judgment that is final and executory if after due hearing it is shown that: SECOND STAGE: AGRICULTURAL LEASEHOLDexcept when his dispossession has been authorized by the Court in a judgment that is final and executory if after due hearing it is shown that: SECOND STAGE: AGRICULTURAL LEASEHOLD(1)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: SECOND STAGE: AGRICULTURAL LEASEHOLDProvided, That the agricultural lessee shall be entitled to disturbance compensation equivalent to five times the average of the gross harvests on his landholding during the last five preceding calendar years;SECOND STAGE: AGRICULTURAL LEASEHOLDProvided, That the agricultural lessee shall be entitled to disturbance compensation equivalent to five times the average of the gross harvests on his landholding during the last five preceding calendar years;SECOND STAGE: AGRICULTURAL LEASEHOLDPreviously, Sec. 36 of R.A. 3844 provided that where the agricultural lessor-owner or a member of his immediate family will personally cultivate the landholding, the tenant may be ejected thereby with the latter being entitled to disturbance compensation.SECOND STAGE: AGRICULTURAL LEASEHOLDHowever, pursuant to the amendment brought by R.A. 6389, a landowners claim that he will personally cultivate the land is now NOT a valid ground to eject the tenant.(Galope vs. Bugarin, G.R. No. 185669, February 1, 2012)SECOND STAGE: AGRICULTURAL LEASEHOLDCan a parcel of land be paid in lieu of disturbance compensation?SECOND STAGE: AGRICULTURAL LEASEHOLDYES. In the case of Bunye vs. Aquino (G.R. No. 138979, October 9, 2000), the Supreme Court held:In the event that tenanted land is converted pursuant to section 36 of Republic Act No. 3844, SECOND STAGE: AGRICULTURAL LEASEHOLDthe only relief available to respondents is the payment of disturbance compensation equivalent to five times the average of the gross harvests on his landholding during the last five preceding calendar years.SECOND STAGE: AGRICULTURAL LEASEHOLDThe award of 75 square meters of land originally granted by the Regional Adjudicator and subsequently affirmed by the DARAB was made in lieu of disturbance compensation for the dispossession of respondents of 2,500 square meters of land.SECOND STAGE: AGRICULTURAL LEASEHOLDrespondents are only entitled to disturbance compensation for their dispossession of 2,500 square meters of land and we find that, in the absence of adequate data on the land's harvests, the award of 75 square meters is a fair and adequate alternative relief.SECOND STAGE: AGRICULTURAL LEASEHOLDIs the NHA required to pay disturbance compensation if it acquires a tenanted agricultural land in order to convert and use the same for residential purposes?SECOND STAGE: AGRICULTURAL LEASEHOLDNO. The SC held: P.D. 1472 exempts from land reform those lands that petitioner NHA acquired for its housing and resettlement programs whether it acquired those lands when the law took effect or afterwards.The language of the exemption is clear: the exemption covers lands or property acquired x x x or to be acquired by NHA.SECOND STAGE: AGRICULTURAL LEASEHOLDIts Section 1 does not make any distinction whether the land petitioner NHA acquired is tenanted or not.When the law does not distinguish, no distinction should be made.

In addition, Section 1 of P.D. 1472 provides that petitioner NHA shall not be liable for disturbance compensation.(NHA vs. DAR, G.R. No. 175200, May 4, 2010)SECOND STAGE: AGRICULTURAL LEASEHOLDRight to be imdemnified for the cost and expenses in the cultivation and for the expenses incidental to the improvement of the crops in case the lessee surrenders, abandons for a just cause or is ejected without court order. (Sec. 25, RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDThe right to manage and work on the land in manner and method of cultivation and harvest which conform to proven farm practices. (Sec. 23. (2), RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDThe right to mechanize all or any phase of his farmwork (Sec. 23, (3) RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDTo mechanize all or any phase of his farmwork (Sec. 23, (3) RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDTo deal with millers and processors and attend to the issuance of quedans and warehouse receipts of the produce due him/her (Sec. 23 (4), RA 3844 SECOND STAGE: AGRICULTURAL LEASEHOLDOBLIGATIONS OF THE AGRICULTURAL LESSEE(Sec. 26. RA 3844)

SECOND STAGE: AGRICULTURAL LEASEHOLDCultivate and Take care of the farm, growing crops & other improvements. Perform all work in accordance with the proven farm practices.SECOND STAGE: AGRICULTURAL LEASEHOLDInform the lessor of trespass committed by 3rd persons w/o prejudice to his direct action against the trespasser.SECOND STAGE: AGRICULTURAL LEASEHOLDInform the lessor of trespass committed by 3rd persons w/o prejudice to his direct action against the trespasser.SECOND STAGE: AGRICULTURAL LEASEHOLDTake reasonable care of work animals and farm implements delivered to him by the lessor and see to it that it is not used for purposes than, those intended or by another without the knowledge and consent of the lessorSECOND STAGE: AGRICULTURAL LEASEHOLDKeep the farm and growing crops attended to during the work season.SECOND STAGE: AGRICULTURAL LEASEHOLDTo pay the lease rentals to the lessor when it falls due.SECOND STAGE: AGRICULTURAL LEASEHOLDRIGHTS OF THE AGRICULTURAL LESSOR(Sec. 29. RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDTo Inspect and observe the extent of compliance with the terms and conditions of the leasehold contractSECOND STAGE: AGRICULTURAL LEASEHOLDTo require the lessee, to adopt proven farm practices necessary to the conservation of the land, improvement of the fertility and increase in productivity;SECOND STAGE: AGRICULTURAL LEASEHOLD"Proven farm practices" means sound farming practices generally acceptable through usage or officially recommended by the Agricultural Productivity Commission for a particular type of farm. (Sec., (11), RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDTo Mortgage Expected rentals.SECOND STAGE: AGRICULTURAL LEASEHOLDProhibition on/Obligation of the Agricultural Lessor (Sec. 31, RA 3844)SECOND STAGE: AGRICULTURAL LEASEHOLDTo dispossess the agricultural lessee of his/her landholding except upon authorization by the Court under Sec. 36.RA 3844SECOND STAGE: AGRICULTURAL LEASEHOLDThis prohibition arises from the fact that the tenant enjoys security of tenureSECOND STAGE: AGRICULTURAL LEASEHOLDTo require the lessee to assume, directly or indirectly the payment of taxes or part thereof levied the landholding.SECOND STAGE: AGRICULTURAL LEASEHOLDTo require the lessee to assume, directly or indirectly any, rent, "canon" or other obligation of the lessor to a third partySECOND STAGE: AGRICULTURAL LEASEHOLDTo deal with millers or processors without a written authorization of the lessee in case the crop has to be sold in a processed form before payment of lease rentals.SECOND STAGE: AGRICULTURAL LEASEHOLDTo discourage, directly or indirectly, the formation, maintenance or growth of unions or organizations of lessee in his/her land.SECOND STAGE: AGRICULTURAL LEASEHOLDFor coconut lands, indiscriminate cutting of coconut tree will be deemed a prima facie evidence of intent to eject his tenant from his landholding unless there is a CERTIFICATION by the PCA or RESOLUTION from the Municipal Board, allowing the cutting for valid reason. (A.0.5.S. 1993, A.O. 16.S. 1989).SECOND STAGE: AGRICULTURAL LEASEHOLDEJECTMENT OF TENANT(Sec. 36, R.A. 3844 as amended)SECOND STAGE: AGRICULTURAL LEASEHOLDUnder Section 36, the tenant may be ejected only when his dispossession has been authorized by the Court in a judgment that is final and executory.SECOND STAGE: AGRICULTURAL LEASEHOLDGROUNDS FOR DISPOSSESSION

SECOND STAGE: AGRICULTURAL LEASEHOLD1. The landholding is declared to be suited for residential, commercial, industrial or some other urban purposesSECOND STAGE: AGRICULTURAL LEASEHOLD2. The agricultural lessee failed to substantially comply with any of the terms and conditions of the contract or any of the provisions of this Code unless his failure is caused by fortuitous event or force majeureSECOND STAGE: AGRICULTURAL LEASEHOLD3. The agricultural lessee planted crops or used the landholding for a purpose other than what had been previously agreed uponSECOND STAGE: AGRICULTURAL LEASEHOLD4. The agricultural lessee failed to adopt proven farm practices as determined under paragraph 3 of Section twenty-nineSECOND STAGE: AGRICULTURAL LEASEHOLD5. The land or other substantial permanent improvement thereon is substantially damaged or destroyed or has unreasonably deteriorated through the fault or negligence of the agricultural lesseeSECOND STAGE: AGRICULTURAL LEASEHOLD6. The agricultural lessee does not pay the lease rental when it falls due: Provided, That if the non-payment of the rental shall be due to crop failure to the extent of seventy-five per centum as a result of a fortuitous event, the non-payment shall not be a ground for dispossession, although the obligation to pay the rental due that particular crop is not thereby extinguishedSECOND STAGE: AGRICULTURAL LEASEHOLD7. The lessee employed a sub-lessee on his landholding in violation of the terms of paragraph 2 of Section twenty-sevenSECOND STAGE: AGRICULTURAL LEASEHOLDUnder par. 2 of Section 27, the tenant is not allowed to employ a sub-lessee on his landholding: Provided, however, That in case of illness or temporary incapacity he may employ laborers whose services on his landholding shall be on his accountSECOND STAGE: AGRICULTURAL LEASEHOLDJurisprudence on EjectmentSECOND STAGE: AGRICULTURAL LEASEHOLDGalope vs. Bugarin, G.R. No. 18569, February 1, 2012.

Respondent, as landowner/agricultural lessor, has the burden to prove the existence of a lawful cause for the ejectment of petitioner, the tenant/agricultural lessee. SECOND STAGE: AGRICULTURAL LEASEHOLDThis rule proceeds from the principle that a tenancy relationship, once established, entitles the tenant to a security of tenure. The tenant can only be ejected from the agricultural landholding on grounds provided by law.

SECOND STAGE: AGRICULTURAL LEASEHOLDSec. 37.Burden of Proof. - The burden of proof to show the existence of a lawful cause for the ejectment of an agricultural lessee shall rest upon the agricultural lessor.SECOND STAGE: AGRICULTURAL LEASEHOLDExtinguishment of Agricultural Leasehold RelationSection 8, R.A. 3844SECOND STAGE: AGRICULTURAL LEASEHOLDThe agricultural leasehold relation shall be extinguished by:

1. Abandonment of the landholding without the knowledge of the agricultural lessorSECOND STAGE: AGRICULTURAL LEASEHOLD3. Absence of the persons under Section nine to succeed to the lessee, in the event of death or permanent incapacity of the lessee.