Agrarian Reform Law

AGRARIAN
REFORM
A Brief History of Agrarian

Reform
THREE
STAGES OF AGRARIAN REFORM

Reform
THREE
1.
FIRST STAGE: SHARE TENANCY

Reform
THREE
1.
2.

SECOND STAGE: AGRICULTURAL
LEASEHOLD

Reform
THREE
1.
2.
3.

SECOND STAGE: AGRICULTURAL
LEASEHOLD
THIRD STAGE: FULL OWNERSHIP
FIRST STAGE: SHARE

TENANCY
Republic
Act No. 1999 -The Agricultural

Tenancy Act of the Philippines
FIRST STAGE: SHARE

TENANCY
Republic
Act No. 1999 -The Agricultural

Tenancy Act of the Philippines
Enacted on August 30, 1954
FIRST STAGE: SHARE

TENANCY
WHAT IS SHARE
TENANCY?
FIRST STAGE: SHARE

TENANCY
Share
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

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

TENANCY
Share 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

TENANCY
FIRST STAGE: SHARE

TENANCY
Lessee - 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 system
FIRST STAGE: SHARE

TENANCY
Share Tenancy:
The
relationship
is
contractual
(joint
undertaking )
FIRST STAGE: SHARE

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

TENANCY
Share 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

TENANCY
Basis of crop shares under R.A. 1999
SECTION 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

TENANCY
Breakdown of Sec. 41
1. The landlord and the
tenant may enter into a
contract stipulating the
ratio of crop division; or
FIRST STAGE: SHARE

TENANCY
2. Where no stipulation was
entered into, the customs
on of the place in the ratio
of share division shall
govern.
FIRST STAGE: SHARE

TENANCY
3. 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 processing
FIRST STAGE: SHARE

TENANCY
4. 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

TENANCY
Essential Requisites of a
Tenancy Relationship
FIRST STAGE: SHARE

TENANCY
1. The parties are the
landowner/landlord and the
tenant or agricultural lessee
FIRST STAGE: SHARE

TENANCY
2. The subject matter of
the
relationship
is
agricultural land
FIRST STAGE: SHARE

TENANCY
4. The purpose of the
relationship is to bring
about
agricultural
production
FIRST STAGE: SHARE

TENANCY
5.
There
is
personal
cultivation on the part of
the tenant or agricultural
lessee; and
FIRST STAGE: SHARE

TENANCY
6. The harvest is shared
between the landowner and
the tenant or agricultural
lessee
FIRST STAGE: SHARE

TENANCY
NOTE: Under RA 1199, there

are
two
systems
of
agricultural
tenancy
established:
(1) the share tenancy and
(2) the leasehold tenancy.
SECOND STAGE:
AGRICULTURAL LEASEHOLD
R.A. 3844 or the

Agricultural Land Reform
Code
SECOND STAGE:
R.A. 3844 or the

Code
8 August 1963
SECOND STAGE:
R.A. 3844 or the

Code
8 August 1963
Amended by R.A. 6389
SECOND STAGE:
R.A. 3844, as amended,

abolished and outlawed
share tenancy for being
contrary to public policy
(Section 4, R.A. 3844, as
amended)
SECOND STAGE:
Effect of abolishment of
share tenancy:
Agricultural leasehold
tenancy was established by
operation of law
(Sec. 5)
SECOND STAGE:
Parties in a Leasehold
Tenancy:
1. The landlord/lessor
SECOND STAGE:
Parties in a Leasehold
Tenancy:
1. The landlord/lessor
2. The Tenant-Lessee
SECOND STAGE:
Who is the
LANDLORD/LESSOR?
SECOND STAGE:
He is the person (natural

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

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

juridical) who furnishes the
land as:
1. Owner
2. Civil Law Lessee
3. Usufructuary
SECOND STAGE:
He is the person (natural or
juridical) who furnishes the land
as:
1. Owner
2. Civil Law Lessee
3. Usufructuary
4. Legal Possessor
SECOND STAGE:
He is also referred to as the

agricultural lessor as
defined under Section
166(3) of R.A. 3844
SECOND STAGE:
Sec. 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:
Is this definition of a
landlord applicable to
circumstances
falling
under the CARL?
SECOND STAGE:
Is this definition of a
landlord applicable to
circumstances
falling
under the CARL?
In my opinion, YES!
SECOND STAGE:
WHY?
SECOND STAGE:
WHY?
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:
However, in this
scenario, the landowner
must have consented to
the instalment of
tenants.
SECOND STAGE:
The
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:
Thus, where the owner

authorizes the civil law
lessee
or
the
legal
possessor to install tenants,
an agricultural leasehold
tenancy may exist.
SECOND STAGE:
Thus, where the owner

authorizes the civil law
lessee
or
the
legal
possessor to install tenants,
an agricultural leasehold
tenancy may exist.
SECOND STAGE:
Who is the TENANTLESSEE?
SECOND STAGE:
He is the person who

personally cultivates the
land with the aid of labor
from his immediate farm
household (Sec. 6, RA
3844)
SECOND STAGE:
He is also referred to as
the agricultural lessee
as defined under Section
166(2) of R.A. 3844
SECOND STAGE:
Sec. 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:
Sec. 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 Leasehold
Tenancy
vs.
Civil Law Lease
(Gabriel vs. Pangilinan, G.R.
No. L-27797, Aug. 26, 1974)
SECOND STAGE:
Subject Matter
Cultivation
Purpose
Governing Law
Leasehold
Tenancy
Civil Law Lease
Agricultural Land
rural or urban
property
Personal
cultivation by
tenant
Civil law lessee

need not
personally
cultivate land
Agricultural
production
Any other lawful

pursuits
Special Laws
Civil Code
SECOND STAGE:
A 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:
But how do we
determine whether the
relationship is a
leasehold or a civil law
lease?
SECOND STAGE:
The 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:
Thus, Tenancy is not a

purely factual
relationship dependent
on what the alleged tenant
does upon the land.
SECOND STAGE:
. 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:
The 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-60287
August 17, 1988)
SECOND STAGE:
A tenancy relationship
cannot be presumed.
There must be evidence to
prove this allegation.
(Valencia case, supra.)
SECOND STAGE:
Land covered by R.A. 3844

- Agricultural Land
SECOND STAGE:
"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:
Contract in General
SECOND STAGE:
Contract in General
SECOND STAGE:
Agricultural 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:
The 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:
Form and Registration

of the Leasehold
Contract (Sec. 17, R.A.
3844 as amended)
SECOND STAGE:
1. The contract must be

in writing (quadruplicate)
SECOND STAGE:
2. In a language or
dialect known
to the
agricultural lessee.
SECOND STAGE:
3. 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:
4. 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:
5. Each of the contracting

parties shall retain a copy
of the contract.
SECOND STAGE:
6. The Third copy is

delivered by the judge to
the Municipal Treasurer
of the place where the land
is located.
SECOND STAGE:
7. The Fourth copy is

delivered to the Office of
the Agrarian Counsel.
SECOND STAGE:
The 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:
Is registration required
for the validity /
effectivity of the
leasehold contract?
SECOND STAGE:
In my opinion,
registration is not
necessary for the
leasehold contract to be
valid / effective.
SECOND STAGE:
REASON:
The law itself provides
that a leasehold contract
may be made orally.
SECOND STAGE:
An 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:
Even 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:
An 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:
What 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:
Essential
Requisites/Elements of
an Agricultural Tenancy
Relationship
SECOND STAGE:
This 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:
(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:
(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; and
SECOND STAGE:
(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:
Later jurisprudence has

fine-tuned
these
elements, as follows:
SECOND STAGE:
Elements of Agricultural Tenancy
The 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:
d)The purpose is agricultural
production;
e)There is personal cultivation
or with the help of the immediate farm
household; and
f)There is compensation in
terms of payment of a fixed amount in
money and/or produce.
SECOND STAGE:
All these requisites must

concur in order to create
a tenancy relationship
between the parties.
SECOND STAGE:
The 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:
This 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:
The existence of tenancy
relationship entitles tenant to
security of tenure.
SECOND STAGE:
This 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:
One 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:
The 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:
RELEVANT JURISPRUDENCE
SECOND STAGE:
ELEMENT: 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:
ELEMENT: 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:
ELEMENT: Personal Cultivation

Can the tenant hire his own farm
laborers?
SECOND STAGE:
ELEMENT: Personal Cultivation
The 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:
ELEMENT: Compensation
Bejasa 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:
RIGHTS ON AN
AGRICULTURAL LESSEE
SECOND STAGE:
Right 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:
Right to a Homelot
(Sec. 24, RA 3844) LOI 705 (June 10,
1978)
SECOND STAGE:
Right 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:
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:
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:
Right 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:
Right 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:
It 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:
NOTE: 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:
Right 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:
Section 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 landholding
SECOND STAGE:
except 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:
except 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:
(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:
Provided, 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:
Provided, 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:
Previously, 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:
However, 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:
Can a parcel of land be paid in lieu of

disturbance compensation?
SECOND STAGE:
YES. 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:
the 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:
The 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:
respondents 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:
Is 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:
NO. 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:
Its 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:
Right 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:
The 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:
The right to mechanize all or any

phase of his farmwork
(Sec. 23, (3) RA 3844)
SECOND STAGE:
To mechanize all or any phase of his

farmwork
(Sec. 23, (3) RA 3844)
SECOND STAGE:
To 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:
OBLIGATIONS OF THE AGRICULTURAL

LESSEE
(Sec. 26. RA 3844)
SECOND STAGE:
Cultivate and Take care of the farm,

growing crops & other improvements.
Perform all work in accordance with the
proven farm practices.
SECOND STAGE:
Inform the lessor of trespass

committed by 3rd persons w/o prejudice
to his direct action against the trespasser.
SECOND STAGE:
Inform the lessor of trespass

committed by 3rd persons w/o prejudice
to his direct action against the trespasser.
SECOND STAGE:
Take 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 lessor
SECOND STAGE:
Keep the farm and growing crops

attended to during the work season.
SECOND STAGE:
To pay the lease rentals to the lessor

when it falls due.
SECOND STAGE:
RIGHTS OF THE AGRICULTURAL

LESSOR
(Sec. 29. RA 3844)
SECOND STAGE:
To Inspect and observe the extent of

compliance with the terms and
conditions of the leasehold contract
SECOND STAGE:
To 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:
"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:
To Mortgage Expected rentals.
SECOND STAGE:
Prohibition on/Obligation of the

Agricultural Lessor
(Sec. 31, RA 3844)
SECOND STAGE:
To dispossess the agricultural lessee of

his/her landholding except upon
authorization by the Court under Sec.
36.RA 3844
SECOND STAGE:
This prohibition arises from the fact that

the tenant enjoys security of tenure
SECOND STAGE:
To require the lessee to assume, directly

or indirectly the payment of taxes or
part thereof levied the landholding.
SECOND STAGE:
To require the lessee to assume, directly

or indirectly any, rent, "canon" or other
obligation of the lessor to a third party
SECOND STAGE:
To 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:
To discourage, directly or indirectly, the

formation, maintenance or growth of
unions or organizations of lessee in
his/her land.
SECOND STAGE:
For 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:
EJECTMENT OF TENANT
(Sec. 36, R.A. 3844 as amended)
SECOND STAGE:
Under 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:
GROUNDS FOR DISPOSSESSION
SECOND STAGE:
1. The landholding is declared to be suited

for residential, commercial, industrial or
some other urban purposes
SECOND STAGE:
2. 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 majeure
SECOND STAGE:
3. The agricultural lessee planted crops or

used the landholding for a purpose other
than what had been previously agreed
upon
SECOND STAGE:
4. The agricultural lessee failed to adopt

proven farm practices as determined
under paragraph 3 of Section twenty-nine
SECOND STAGE:
5. 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
lessee
SECOND STAGE:
6. 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 nonpayment shall not be a ground for
dispossession, although the obligation to
pay the rental due that particular crop is
not thereby extinguished
SECOND STAGE:
7. The lessee employed a sub-lessee

on his landholding in violation of the
terms of paragraph 2 of Section twentyseven
SECOND STAGE:
Under 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 account
SECOND STAGE:
Jurisprudence on Ejectment
SECOND STAGE:
Galope 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:
This 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:
Sec. 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:
Extinguishment of Agricultural
Leasehold Relation
Section 8, R.A. 3844
SECOND STAGE:
The agricultural leasehold relation shall be
extinguished by:
1. Abandonment of the landholding
without the knowledge of the agricultural
lessor
SECOND STAGE:
3. Absence of the persons under Section

nine to succeed to the lessee, in the event
of death or permanent incapacity of the
lessee.

Agrarian Reform Law

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Agrarian Reform Law

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AGRARIAN

A Brief History of Agrarian

STAGES OF AGRARIAN REFORM

A Brief History of Agrarian

STAGES OF AGRARIAN REFORM

FIRST STAGE: SHARE TENANCY

A Brief History of Agrarian

STAGES OF AGRARIAN REFORM

FIRST STAGE: SHARE TENANCY

A Brief History of Agrarian

STAGES OF AGRARIAN REFORM

FIRST STAGE: SHARE TENANCY

FIRST STAGE: SHARE

Act No. 1999 -The Agricultural

FIRST STAGE: SHARE

Act No. 1999 -The Agricultural

FIRST STAGE: SHARE

FIRST STAGE: SHARE

Tenancy exists whenever two persons

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

FIRST STAGE: SHARE

NOTE: Under RA 1199, there

R.A. 3844 or the

R.A. 3844 or the

R.A. 3844 or the

R.A. 3844, as amended,

He is the person (natural

He is the person (natural

He is the person (natural or

He is also referred to as the

Thus, where the owner

Thus, where the owner

Who is the TENANTLESSEE?

He is the person who

Civil Law Lease

Civil law lessee

Any other lawful

Thus, Tenancy is not a

(Valencia case, supra.)

Land covered by R.A. 3844

The Agricultural/Lessor and the

Form and Registration

1. The contract must be

5. Each of the contracting

6. The Third copy is