INTRODUCTION
A. DEFINITIONS AND TERMS
Reform presupposes that something is defective, hence, needs
reformation and correction.
Leasehold relationship abolished the share tenancy system under the Rice
Share Tenancy Act of 1933 as amended, P.D. No. 27 was issued by then
President Ferdinand Marcos which aside from upholding the leasehold
relationship, likewise ordained the emancipation of tenant-farmers from
the bondage of the soil, and considered them ipso facto owners of the
lands they till primarily devoted to rice and corn.
P.D. No. 27 (Tenants Emancipation Decree) likewise fixed the retention
limit for the landowner an area not exceeding seven (7) 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 (7) hectares.
d. Amortizing Owner a tenant-farmer whose status had 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 Land Bank.
e. Full Owner or Owner-Cultivator is an amortizing owner (tenantfarmer) who has completed full payment of his amortization to the
Land Bank of the Philippines, and is therefore entitled to a
certificate of title under the Torrens System.
Comments:
Under R.A. No. 3844, as amended by R.A. No. 6389, there are three shifts
in the conversion of the tenurial status of tenant-farmer to full owner,
namely: share tenant to leaseholder to amortizing owner, and from
amortizing owner to full owner (owner-cultivator).
An amortizing owner by operation of law (P.D. No. 27) is entitled to an
Emancipation Patent which serves as a farmholders provisional title of
Rice Share Tenancy Act (Public Act No. 4054) - which provided for a
50-50 sharing of the crop, an interest rte ceiling of 10 percent per crop
year, and safeguards against arbitrary dismissal of tenants by landlords.
Commonwealth Act.No. 278 of 1938 to buy farms and large estates for
subletting to bonafide occupants with an option to buy, thru the National
Land Settlement Administration (NLSA).
Sugar Cane Tenancy Contracts Act. (Act. No. 4113) makes it a duty of
the sugar central to exhibit to the tenant the receipts of the number of tons
milled by the landowner thereat.
Agrarian Reform Special Fund Act (Rep. Act. No. 6390) provided for
a special account and financial support for the Agrarian Reform Program
of the government.
Commonwealth Act. No. 213 deals with the right to form legitimate
labor organizations and to enter into collective bargaining agreements
between management and labor.
Commonwealth Act No. 178 which improved the provision of Act No.
4054 the Rice Share Tenancy Act, giving more teeth and protection to the
rights of tenants of agricultural lands.
Republic Act. No. 34 amended certain Sections of the Rice Share
Tenancy Act providing for a 70 30 crop sharing method.
Republic Act No. 1160 established the National Resettlement and
Rehabilitation Administration (NARRA) of landless dissidents and other
landless farmers.
Republic Act No. 1199 (Agricultural Tenancy Act) infused an added
boost to the tenurial rights of tenant tiller.
Land Reform Act (R.A. No. 1400, 1955) - guaranteed the expropriation of
all tenanted landed estates. It set a retention limit of 300 hectares for
individually owned estates, and 600 hectares for corporate owned
estates.
Republic Act. No. 1267 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. 3844 marked the abolition of share tenancy and / or
the system of share cropping between landowner and tenant, and the
automatic conversion of share tenants into leaseholders.
c.
Section 3. Composition of Code 1. An agricultural leasehold system to replace all existing share
tenancy systems in agriculture;
2. A system of crediting rental as amortization payment on purchase
price;
3. A declaration of rights for agricultural labor;
4. A machinery for the acquisition and equitable distribution of
agricultural land;
5. An institution to finance the acquisition and distribution of
agricultural land;
6. A machinery to extend credit and similar assistance to agricultural
lessees,
amortizing owners-cultivators, owners-cultivator
and cooperatives;
7. A machinery to provide marketing, management and other
technical assistance and / or services to agricultural lessees,
amortizing owners-cultivators, owner-cultivator, cooperatives;
8. A machinery for cooperative development;
9. A department for formulating and implementing projects of agrarian
reform;
10. An expanded program of land
11. A judicial system to decide issues arising under this Code.
12. A machinery to provide legal assistance to agricultural lessees,
amortizing owners-cultivator, and owners-cultivator.
Repayment Scheme and Credit Assistance
DEFINITION OF TERMS
Modes of Land Tenure Allowed under R.A. No. 3844
Agricultural land means land devoted to any growth, including but not
limited to crop lands, saltbeds, fishponds, idle land and abandoned land.
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 latters consent.
3. Owner-cultivatorship
4. Cooperative-cultivatorship which is a form of agrarian
relationship among members of a cooperative who work and live
on the land as tillers in common.
5. Labor administration 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.
How Leasehold Relation is Established
1. by agreement of the parties
2. by operation of law implementation of R.A. No. 3844 providing for the
abolition of share tenancy.
the landholder
the person who personally cultivates the land.
The transferee and his heirs are subrogated to the rights and obligations
of the former landowner. However, 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.
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 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.
In order to possess the status of a de jure tenant, the following essential
requisites must concur, to wit:
1.
2.
3.
4.
5.
6.
2.
3.
4.
The lessee may seek relief from the nearest Regional Agrarian Reform
Adjudicators (RARAD) or the Provincial Agrarian Reform Adjudicators
(PARAD) to compel the agricultural lessor to comply with this obligation in
case of refusal, neglect or resistance on the part of the lessor.
Prohibition to the Agricultural Lessor
1.
2.
3.
4.
5.
The Department of Agrarian Reform shall initiate, while the Land Bank
shall finance, said redemption as in the case of pre-emption.
Right to Self-organization
The farmworkers shall have the right to self-organization and form, join or
assist farmworkers organizations of their own choosing for the purpose of
collective bargaining through representatives of their own choosing.
Bill of Rights for Agricultural Labor:
He must either tender payment of, or present a certificate from the Land
Bank that it shall make payment pursuant to Sec. 80 of this Code. If the
latter refuses to accept such tender or presentment, he may consign it with
the Court.
Any dispute as to reasonableness of the terms and conditions, may be
brought by the lessee or by the Department of Agrarian Reform to the
proper Court of Agrarian Relations.
1.
2.
3.
4.
5.
Comments:
Comments:
The right of pre-emption as distinguished from redemption, is the right to
purchase the property from the agricultural lessor by the lessees which is
exercised before it is sold to a third person other than the lessee.
The lessee may consign the purchase money with the Department of
Agrarian Reform.
The right to self organization includes the right to strike and hold picket
in order to compel the management in the case of large scale plantations
and multinational corporations to meet the demands of the farm workers
for wage increase and better working conditions.
Irrigation Facilities
2.
3.
Where the case of the default is attributable to the lessee, the DAR shall
endeavor to substitute the defaulting amortization owner. In case the
default is due to fortuitous event, the Land Bank shall assume the
payment of the balance and the farmer shall be released from his
obligation.
Period of Prescription
An action to enforce any cause of action accruing under this Code (R.A.
No. 3844) shall be brought within the period of three (3) years.