AGRARIAN REFORM AND OTHER SOCIAL LEGISLATION

Atty. Glenn Capanas

Meaning of Social Legislation
Laws that seek to promote the common good,
generally by protecting and assisting the weaker
members of society.
Common good = social justice
In the case of agrarian reform 2 principal parties:
o
Landowner
o
Farmers (1935 constitution tenants ->
individuals)

Weaker members in terms of

ownership of the land (i.e.
enjoyment) since they do not own
those parcels of land.
SSS, ECL, GSIS
o
Employer
o
Employee

Weaker member (context of

opportunities, advantages, capital,
profit, power)
Construction
Construed in favor of the promotion of social justice
Social Justice Calalang vs. Williams Case
The Constitutional Provisions of Agrarian Reform
(Article XIII)
Sec 4 the state shall by law undertake an agrarian
reform program (RA 6657 - CARL) founded on the
right of farmers and regular farmworkers whoa re
landless to own the lands they till and receive a just
fruits theyre entitled thereof.
o
Constitution itself recognizes that there is
inequality between the principal parties
o
Agrarian Farmers have the RIGHT TO OWN
THE LAND THEY TILL
o
3 kinds:

Farmers (usually have higher

priority) & Regular farmworkers
both have right to own but no more
distinction.

Other farm farmworkers just fruits

of the land. **in the law, have right
to own already.
o
The law itself as implemented and worded,
even if the farmers do not till the land, the
land can be awarded to them without a prerequisite of tilling the land.
o
How is right to own the land enforced?
Through SALE --
Voluntary (offer)

No hassles, landowner will

execute Deed of Absolute
Sale in favor of the
government

Govt will now choose

qualified ARB (Agrarian
Reform Benefaciary) via
DAR (Department of
Agrarian Reform)
o
ARB will pay the
govt annual
ammortization
with reasonable
interest

Involuntary (government
constrained to forced sale or
expropriation)
o
Sec 4 provides for 2 major limitations:

Retention Limit shall be prescribed

by Congress (at 5 hectares)

JUST COMPENSATION
o
PROCESS:

Notice of Coverage

Initial Determination of Just

Compensation
o
**No choice**

Register

Publication
o
RTC - just compensation and criminal
prosecution
o
Outside of that jurisdiction of DAR
Section 5. SUPPORT SERVICES
o
1973 talks about emancipation of tenant
from bondage of the soil

RA 3844 abolished shared

tenancy

There was this relationship

institutionalized by the
government LEASEHOLD

But no support services.

o
Why are the farmers given the right to own?

Uplift standards of living.

There should be support capital,

mechanism,
o
Coverage of Support Services:

Irrigation system

Road Construction

Facilities
Section 6. RESPECT FOR, AMONG OTHER THINGS,
HOMESTEAD RIGHTS (another imitation of CARL)
o
If a person is a holder of a homestead title
cannot be covered by CARL
Section 7. SUBSISTENCE FISHERMEN *not relevant to
agra*
Section 8. Incentive to landowners

June 30, 2014

RA 3844
Extinguishment of relation (Sec. 8)
1. Abandonment of the landholding without the
knowledge of the agri lessor
2. Voluntary surrender of the landholding by the
agricultural lessee, written notice of which shall be
served three months in advance (lack of notice would
not be strictly construed against the lessee; different
case if the heirs of the lessee are involved);
3. Absence of the persons under section 9 to succeed to
the lessee, in the even of death or permanent
incapacity of the lessee.
Legal Redemption (Sec 12) - Lessees right of
redemption.
Po. V. Dampal
Grounds to dispossess a lessee (Sec 36.)
**Civil law lessee, agricultural lessee, agrarian reform lessee
not so accurate

Failure to substantially comply with terms and

conditions unless by fortuitous events.

Planting of crops or use land for other purpose than

that agreed

Failure to adopt proven farm practices to conserve

land

Fault or negligence resulting in substantial damage

Does not pay rental when dueo
SC: willfull and deliberate AND must have
lasted at least 2 years (PD 816)
Employed a sublessee

Check case: Sta. Ana v. Carpo; Natividad vs. Mariano

Notes: GCC

PD 816 is a decree related to PD 27 (Agra Reform

Law Marcos; rice and corn only)

PD 816 October 1975

Ra 3844 is silent on the period of refusal to pay.

When will PD 816 apply? It will apply if the ground to
dispossess is non payment of rentals and if agri land
is devoted to rice and corn.

In natividad, there is no fact established in case

whether the subject property is rice and corn
(although it can be presumed because of the words
crop year and considering that the party has been
issued a CLT certificate of land transfer)

Probably, since the petition is via Rule 45 (pure

question if law)

Neither rice or corn do not apply PD 816; no

minimum period od nonpayment under 3844

Extinguishment of relation vs. dispossession

Extinguishment no court (Agra court) approval,

voluntary act of lessee to surrender of abandon or
act of God *2 isntance where regular courts have
jurisdiction just compensation and crim cases

Dispossession with court order; premised on

offense by lessee.
Can relation be terminated by death (sec 9 )

No, continue between lessor and members of lesses

immediate farm household ot be chosen by leessor
whithi 1 minth from death.
LEASE RENTAL

Not bemore than 25% of the average normal harvest

during the 3 agri years preseding the date of
leasehold after deducting amount used for sees and
costs of harvesting, threshing, loading,

PD 27 TENANTS EMANCIPATION DECREE

BENEFICIARIES: