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AGRARIAN REFORM LAW
LEASEHOLD TENANCY - exists when a person, who either 1. That the land worked by the tenant is an agricultural land;
personally or with the aid of labor available from members of
his immediate farm household, undertakes to cultivate a
piece of agricultural land susceptible of cultivation by a single 2. That the land is susceptible of cultivation by a single
person together with members of his immediate farm person together with members of his immediate farm
household, belonging to, or legally possessed by, another in household;
consideration of a fixed amount in money or in produce or in
both.
3. That the land must be cultivated by the tenant either
personally or with the aid of labor available from members of
LEASEHOLD TENANCY V. CIVIL LAW LEASE his immediate farm household;
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AGRARIAN REFORM LAW
The tenant farmer, whether in land classified as landed estate Title to land acquired pursuant to this Decree or the Land
or not, shall be deemed owner of a portion constituting a Reform Program of the Government shall not be transferable
family-size farm of five (5) hectares if not irrigated and three except by hereditary succession or to the Government in
(3) hectares if irrigated; accordance with the provisions of this Decree, the Code of
Agrarian Reforms and other existing laws and regulations;
The government shall guaranty such amortizations with Section 51. Powers and Functions - It shall be the
shares of stock in government-owned and government- responsibility of the Authority:
controlled corporations;
(1) To initiate and prosecute expropriation proceedings for the
No title to the land owned by the tenant-farmers under this acquisition of private agricultural lands as defined in Section
Decree shall be actually issued to a tenant-farmer unless and one hundred sixty-six of Chapter XI of this Code for the
until the tenant-farmer has become a full-fledged member of purpose of subdivision into economic family-size farm units
a duly recognized farmer's cooperative; and resale of said farm units to bona fide tenants, occupants
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AGRARIAN REFORM LAW
and qualified farmers: Provided, That the powers herein 3. those whose area exceeds 500 hectares but is not more
granted shall apply only to private agricultural lands subject than 1,024 hectares;
to the terms and conditions and order of priority hereinbelow
specified:
4. those whose area exceeds 144 hectares but is not more
than 500 hectares; and
a. all idle or abandoned private agricultural lands, except
those held or purchased within one year from the approval of
this Code by private individuals or corporations for the 5. those whose area exceeds 75 hectares but is not more
purpose of resale and subdivision into economic family-size than 144 hectares.
farm units in accordance with the policies enunciated in this
Code: Provided, That the subdivision and resale shall be
PROPERTIES COVERED BY CARL R.A. NO. 6657.
substantially carried out within one year from the approval of
this Code;
SEC. 4. Scope. - The Comprehensive Agrarian Reform Law
of 1988 shall cover, regardless of tenurial arrangement and
b. all private agricultural lands suitable for subdivision into
commodity produced, all public and private agricultural
economic family-size farm units, owned by private individuals
lands as provided in Proclamation No. 131 and Executive
or corporations worked by lessees, no substantial portion of
Order No. 229, including other lands of the public domain
whose landholding in relation to the area sought to be
suitable for agriculture.
expropriated, is planted to permanent crops under labor
administration, in excess of seventy-five hectares except all
private agricultural lands under labor administration and More specifically, the following lands are covered by the
lands acquired under Section seventy-one of this Code; and Comprehensive Agrarian Reform Program:
c. in expropriating private agricultural lands declared by the (a) All alienable and disposable lands of the
National Land Reform Council or by the Land Authority within public domain devoted to or suitable for
a land reform district to be necessary for the implementation agriculture. No reclassification of forest or mineral
of the provisions of this Code, the following order of priority lands to agricultural lands shall be undertaken
shall be observed: after the approval of this Act until Congress,
taking into account ecological, developmental and
equity considerations, shall have determined by
1. idle or abandoned lands;
law, the specific limits of the public domain;
b) All lands of the public domain in excess to the Provided, further, That original homestead grantees or
specific limits as determined by Congress in the direct compulsory heirs who still own the original
preceding paragraph; homestead at the time of the approval of this Act shall
retain the same areas as long as they continue to
c) All other lands owned by the Government cultivate said homestead.
devoted to or suitable for agriculture;
d) All private lands devoted to or suitable for The right to choose the area to be retained, which shall be
agriculture regardless of the agricultural products compact or contiguous, shall pertain, to the landowner:
raised or that can be raised thereon.
Provided, however, That in case the area selected for
CARL RETENTION LIMITS
retention by the landowner is tenanted, the tenant shall have
the option to choose whether to remain therein or be a
SEC. 6. Retention Limits. - Except as otherwise provided in beneficiary in the same or another agricultural land with
this Act, no person may own or retain, directly, any public similar or comparable features.
or private agricultural land, the size of which shall vary
according to factors governing a viable family-sized
In case the tenant chooses to remain in the retained area, he
farm, such as commodity produced, terrain, infrastructure,
shall be considered a leaseholder and shall lose his right to
and soil fertility as determined by the Presidential Agrarian
be a beneficiary under this Act. In case the tenant chooses
Reform Council (PARC) created hereunder, but in no case
to be a beneficiary in another agricultural land, he loses his
shall the retention by the landowner exceed five (5)
right as a leaseholder to the land retained by the landowner.
hectares.
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lands executed by the original landowner in violation of this In cases where the fishponds or prawn farms have been
Act shall be null and void: subjected to the Comprehensive Agrarian Reform Law, by
voluntary offer to sell, or commercial farms deferment or
notices of compulsory acquisition, a simple and absolute
Provided, however, That those executed prior to this Act shall majority of the actual regular workers or tenants must
be valid only when registered with the Register of Deeds consent to the exemption within one (1) year from the
within a period of three (3) months after the effectivity of this effectivity of this Act.
Act . Thereafter, all Registers of Deeds shall inform the DAR
within thirty (30) days of any transaction involving agricultural
lands in excess of five (5) hectares. When the workers or tenants do not agree to this exemption,
the fishponds or prawn farms shall be distributed collectively
to the worker-beneficiaries or tenants who shall form
EXEMPTIONS FISHPONDS AND PRAWN FARMS UNDER cooperative or association to manage the same.
CARL
SEC. 10. Exemptions and Exclusions.- In cases where the fishponds or prawn farms have not been
subjected to the Comprehensive Agrarian Reform Law, the
consent of the farmworkers shall no longer be necessary;
(a) Lands actually, directly and exclusively used for parks, however, the provision of Section 32-A hereof on incentives
wildlife, forest reserves, reforestation, fish sanctuaries and shall apply.
breeding grounds, watersheds and mangroves shall be
exempt from the coverage of this Act.
18% SLOPE
QUALIFIED BENEFICIARIES UNDER CARL support extended to him shall forfeit his right to continue as
such beneficiary. The DAR shall submit periodic reports on
the performance of the beneficiaries to the PARC.
SEC. 22. Qualified Beneficiaries. - The lands covered by
the CARP shall be distributed as much as possible to
landless residents of the same barangay, or in the absence If, due to landowner's retention rights or to the number of
thereof, landless residents of the same municipality in the tenants, lessees, or workers on the land, there is not enough
following order of priority: land to accommodate any or some of them, they may be
granted ownership of other lands available for distribution
under this Act, at the option of the beneficiaries.
(a) agricultural lessees and share tenants;
(b) regular farm workers;
(c) seasonal farm workers; Farmers already in place and those not accommodated in the
(d) other farm workers; distribution of privately-owned lands will be given preferential
(e) actual tillers or occupants of public lands; rights in the distribution of lands from the public domain.
(f) collective or cooperatives of the above beneficiaries;
and
(g) others directly working on the land. SEC. 23. Distribution Limit. - No qualified beneficiary may
own more than three (3) hectares of agricultural land.
(3) To mechanize all or any phase of his farm (1) To cultivate and take care of the farm, growing
work; and crops, and other improvements on the
landholding as a good father of a family and
perform all the work therein in accordance with
(4) To deal with millers and processors and attend proven farm practices;
to the issuance of quedans and warehouse
receipts for the produce due him.
(2) To inform the agricultural lessor within a
reasonable time of any trespass committed by
Section 24. Right to a Home Lot - The agricultural lessee third persons upon the farm, without prejudice to
shall have the right to continue in the exclusive possession his direct action against the trespasser;
and enjoyment of any home lot he may have occupied upon
the effectivity of this Code, which shall be considered as
included in the leasehold. (3) To take reasonable care of the work animals
and farm implements delivered to him by the
agricultural lessor and see that they are not used
Section 25. Right to be Indemnified for Labor - The for purposes other than those intended or used
agricultural lessee shall have the right to be indemnified for by another without the knowledge and consent of
the cost and expenses incurred in the cultivation, planting or the agricultural lessor: Provided, however, That if
harvesting and other expenses incidental to the improvement said work animals get lost or die, or said farm
of his crop in case he surrenders or abandons his implements get lost or are destroyed, through the
landholding for just cause or is ejected therefrom. In addition, negligence of the agricultural lessee, he shall be
he has the right to be indemnified for one-half of the held responsible and made answerable therefor
necessary and useful improvements made by him on the to the extent of the value of the work animals
landholding: and/or farm implements at the time of the loss,
death or destruction;
Provided, That these improvements are tangible and have
not yet lost their utility at the time of surrender and/or (4) To keep his farm and growing crops attended
abandonment of the landholding, at which time their value to during the work season. In case of unjustified
shall be determined for the purpose of the indemnity for abandonment or neglect of his farm, any or all of
improvements. his expected produce may, upon order of the
Court, be forfeited in favor of the agricultural
lessor to the extent of the damage caused
Section 26. Obligations of the Lessee - It shall be the
thereby;
obligation of the agricultural lessee:
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(5) To notify the agricultural lessor at least three (1) Cruel, inhuman or offensive, treatment of the
days before the date of harvesting or, whenever agricultural lessee or any member of his
applicable, of threshing; and immediate farm household by the agricultural
lessor or his representative with the knowledge
and consent of the lessor;
(6) To pay the lease rental to the agricultural
lessor when it falls due.
(2) Non-compliance on the part of the agricultural
lessor with any of the obligations imposed upon
Section 27. Prohibitions to Agricultural Lessee - It shall be him by the provisions of this Code or by his
unlawful for the agricultural lessee: contact with the agricultural lessee;
(1) To contract to work additional landholdings (3) Compulsion of the agricultural lessee or any
belonging to a different agricultural lessor or to member of his immediate farm household by the
acquire and personally cultivate an economic agricultural lessor to do any work or render any
family-size farm, without the knowledge and service not in any way connected with farm work
consent of the agricultural lessor with whom he or even without compulsion if no compensation is
had entered first into household, if the first paid;
landholding is of sufficient size to make him and
the members of his immediate farm household
fully occupied in its cultivation; or (4) Commission of a crime by the agricultural
lessor or his representative against the
agricultural lessee or any member of his
(2) To employ a sub-lessee on his landholding: immediate farm household; or
Provided, however, That in case of illness or
temporary incapacity he may employ laborers
whose services on his landholding shall be on his (5) Voluntary surrender due to circumstances
account. more advantageous to him and his family.
Section 28. Termination of Leasehold by Agricultural Section 29. Rights of the Agricultural Lessor - It shall be
Lessee During Agricultural Year - The agricultural lessee the right of the agricultural lessor:
may terminate the leasehold during the agricultural year for
any of the following causes:
(1) To inspect and observe the extent of
compliance with the terms and conditions of their
contract and the provisions of this Chapter;
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(2) To propose a change in the use of the (2) To keep intact such permanent useful
landholding to other agricultural purposes, or in improvements existing on the landholding at the
the kind of crops to be planted: Provided, That in start of the leasehold relation as irrigation and
case of disagreement as to the proposed change, drainage system and marketing allotments, which
the same shall be settled by the Court according in the case of sugar quotas shall refer both to
to the best interest of the parties concerned: domestic and export quotas, provisions of existing
Provided, further, That in no case shall an laws to the contrary notwithstanding.
agricultural lessee be ejected as a consequence
of the conversion of the land to some other
agricultural purpose or because of a change in Section 31. Prohibitions to the Agricultural Lessor - It
the crop to be planted; shall be unlawful for the agricultural lessor:
(3) To require the agricultural lessee, taking into (1) To dispossess the agricultural lessee of his
consideration his financial capacity and the credit landholding except upon authorization by the
facilities available to him, to adopt in his farm Court under Section thirty-six. Should the
proven farm practices necessary to the agricultural lessee be dispossessed of his
conservation of the land, improvement of its landholding without authorization from the Court,
fertility and increase of its productivity: Provided, the agricultural lessor shall be liable for damages
That in case of disagreement as to what proven suffered by the agricultural lessee in addition to
farm practice the lessee shall adopt, the same the fine or imprisonment prescribed in this Code
shall be settled by the Court according to the best for unauthorized dispossession;
interest of the parties concerned; and
(2) To require the agricultural lessee to assume,
(4) To mortgage expected rentals. directly or indirectly, the payment of the taxes or
part thereof levied by the government on the
landholding;
Section 30. Obligations of the Agricultural Lessor - It shall
be the obligation of the agricultural lessor:
(3) To require the agricultural lessee to assume,
directly or indirectly, any part of the rent, "canon"
(1) To keep the agricultural lessee in peaceful or other consideration which the agricultural
possession and cultivation of his landholding; and lessor is under obligation to pay to third persons
for the use of the land;
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(4) To deal with millers or processors without Section 9. Agricultural Leasehold Relation Not
written authorization of the lessee in cases where Extinguished by Death or Incapacity of the Parties - In
the crop has to be sold in processed form before case of death or permanent incapacity of the agricultural
payment of the rental; or lessee to work his landholding, the leasehold shall continue
between the agricultural lessor and the person who can
cultivate the landholding personally, chosen by the
(5) To discourage, directly or indirectly, the agricultural lessor within one month from such death or
formation, maintenance or growth of unions or permanent incapacity, from among the following: (a) the
organizations of agricultural lessees in his surviving spouse; (b) the eldest direct descendant by
landholding, or to initiate, dominate, assist or consanguinity; or (c) the next eldest descendant or
interfere in the formation or administration of any descendants in the order of their age: Provided, That in case
such union or organization. the death or permanent incapacity of the agricultural lessee
occurs during the agricultural year, such choice shall be
exercised at the end of that agricultural year: Provided,
VALID GROUNDS FOR EXTINGUISHMENT OF
further, That in the event the agricultural lessor fails to
AGRICULTURAL LEASEHOLD
exercise his choice within the periods herein provided, the
priority shall be in accordance with the order herein
Section 8. Extinguishment of Agricultural Leasehold established.
Relation - The agricultural leasehold relation established
under this Code shall be extinguished by:
In case of death or permanent incapacity of the agricultural
lessor, the leasehold shall bind his legal heirs.
(1) Abandonment of the landholding without the
knowledge of the agricultural lessor;
Section 10. Agricultural Leasehold Relation Not
Extinguished by Expiration of Period, etc. - The
(2) Voluntary surrender of the landholding by the agricultural leasehold relation under this Code shall not be
agricultural lessee, written notice of which shall extinguished by mere expiration of the term or period in a
be served three months in advance; or leasehold contract nor by the sale, alienation or transfer of
the legal possession of the landholding. In case the
agricultural lessor sells, alienates or transfers the legal
(3) Absence of the persons under Section nine to possession of the landholding, the purchaser or transferee
succeed to the lessee, in the event of death or thereof shall be subrogated to the rights and substituted to
permanent incapacity of the lessee. the obligations of the agricultural lessor.
COMPUTATION OF RENTALS
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Section 34. Consideration for the Lease of Riceland and EXCLUSIVE ALLOWABLE DEDUCTIONS IN THE
Lands Devoted to Other Crops - The consideration for the COMPUTATION OF RENT
lease of riceland and lands devoted to other crops shall not
be more than the equivalent of twenty-five per centum of the 1. SEEDS;
average normal harvest during the three agricultural years 2. HARVESTING;
immediately preceding the date the leasehold was 3. THRESHING;
established after deducting the amount used for seeds and 4. PROCESSING; AND
the cost of harvesting, threshing, loading, hauling and 5. LOADING.
processing, whichever are applicable:
Note: There may be X no. of agricultural years in one year
and this must be taken into consideration.
Provided, That if the land has been cultivated for a period of
less than three years, the initial consideration shall be based Luz Farms Doctrine
on the average normal harvest during the preceding years
when the land was actually cultivated, or on the harvest of "Agricultural lands" are only those lands which are "arable
the first year in the case of newly-cultivated lands, if that and suitable agricultural lands" and "do not include
harvest is normal: commercial, industrial and residential lands."
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