Agrarian Reform Law and Social Legislation Reviewer by Atty.

Ungos | Jesha Goli-Cruz

Agrarian Law  to own (DIRECTLY or COLLECTIVELY)

the lands they till
Agrarian:
 to receive a just share in the fruits
- Derived from the Latin word “Ager” thereof (For the farm workers)
- “relating to land or to the ownership
Social Legislation:
or division of lan
- No precise definition
Ager:
- Please see Labor Law 1 by Azucena
- Field for a more concrete definition
- Emphasis: General public good and
Agrarian Law:
social welfare
- Refers to the distribution of public - Please also see: Calalang v Williams
agricultural lands, large estates, and
regulation of the relationship
between the landowners and the Chapter 1: The CARL of 1998
farmer who works on the land.
Republic Act No. 6657: An Act instituting a
- It embraces all laws that govern and
comprehensive agrarian reform program to
regulate the rights and relationship
promote social justice and industrialization,
over agricultural lands between
providing the mechanism for its
landowners, tenants, lessees or
implementation, and for other purposes
agricultural workers.
- Its focus is on Agrarian reform. Chapter 1: Preliminary Chapter

Agrarian Reform: Section 1: Title: This Act shall be known as the

CARL of 1998
- The thrust of which is the
redistribution of agricultural lands Agrarian Law:
- Our basic law on Agrarian Reform is
- It embraces all laws that govern and
the Comprehensive Emancipation
regulate the rights and relationship
Law and the Code of Agrarian
over agricultural lands between
Reform
landowners, tenants, lessees or
- Primary Objective: is to breakup
agricultural workers.
agricultural lands and transform them
into economic-size farms to be History of Philippine Agrarian Laws:
owned by the farmers themselves,
Civil Code: During the Spanish Era, the
with the end in view of uplifting their
relationship between landowners and
socio-economic status.
tenants were governed by this code.
- This was founded on the right of
farmers and regular farm workers - Particularly, by the special provisions
(who are landless): for Rural Leases

Rice Share Tenancy Act: During the

American Regime, this was promulgated
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 Agrarian Reform Law and Social Legislation Reviewer by Atty. Ungos | Jesha Goli-Cruz
- This law regulated the relationship
between landlords and tenants on
rice lands.
- Then it became Sugar Tenancy Act
Sugar Tenancy Act:
- This was enacted to regulate the
relationship between landlords and
tenants on lands planted to sugar
cane.
Commonwealth Act No. 53: During the
commonwealth period, this was passed.
- This law recognized the testimony of
the tenant as prima facie evidence of
the terms of a tenancy contract that
was not reduced in writing in a
language known to him.
Commonwealth Act 178: This was enacted
to amend the provisions of the Rice Share
Tenancy Act.
Commonwealth Act 271: enacted to amend
Act No. 4113 by extending its application to
sugar farm workers.
Commonwealth Act 461: It was enacted to
provide security of tenure to agricultural
tenants.
- This law was later amended by CA No
608.
Republic Act No. 34: was enacted to amend
the Rice Share Tenancy Act
- It introduced changes in crop division
- Amended by: RA NO. 2263
Agricultural Share Tenancy Act: It repealed
all the earlier tenancy laws except the Sugar
Tenancy Act.
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Republic Act No. 1400: setting in motion
the expropriation of all tenanted estates.
Agricultural Land Reform Code: Enacted
on August 13, 1963
- Abolished the share tenancy.
- It instituted The Agricultural
Leasehold System
- It was amended by RA no. 6389
which denominated as the Code of
Agrarian Reform
Tenant Emancipation Law (PD no 27):
- Promulgated by Marcos
- Provided for the transfer of lands
primarily devoted to rice and corn to
the tenants.
Presidential No. 946:
- With its enactment, the Court of
Agrarian Relations was reorganized
Presidential No. 1038:
- Its promulgation was to strengthen
the security of tenure of tenants in
non-rice or corn agricultural lands.
Executive Order No. 228:
- Issued by Pres. Aquino in July 17,
1987
- Under her powers under the
Transitory provisions of the 1987
Constitution
- Declaring the full land ownership in
favor of beneficiaries under PD no. 27
Executive Order No. 229:
- Provided for the mechanics for the
implementation of EO no. 228
 Agrarian Reform Law and Social Legislation Reviewer by Atty. Ungos | Jesha Goli-Cruz

Promulgation No. 131:  Labor Administration

 Profit-sharing
- Instituted a comprehensive agrarian
 Stock distribution
reform program was issued

Comprehensive Agrarian Reform Law

of 1988

- CARL of 1988  CARL applies only to agricultural

- Was amended by certain laws such as lands.
RA No. 7881, 7905, 8532, and 9700  It does NOT apply to lands classified
- Valid exercise of police power as residential, commercial, industrial,
mineral or forest land.
Agrarian Reform
Agricultural Land:
- the redistribution of agricultural lands
regardless of crops or fruits produced - Refers to land devoted to agricultural
to farmers and regular farmworkers activities
who are landless, irrespective of - It contemplates farm lands that are:
tenurial arrangement, to include the  ARABLE
totality of factors and support  SUITABLE
services designed to lift the economic
Section 2: Declaration of Principles and
status of the beneficiaries and all
Policies
other arrangements alternative to the
physical redistribution of lands. Primary Objective of Agrarian Reform:
- Such as: PLD
- Is to breakup agricultural lands and
 Production Sharing or Profit Sharing
transform them into economic-size
 Labor Administration
farms to be owned by the farmers
 Distribution of shares of stocks
themselves, with the end in view of
(which will allow beneficiaries to
uplifting their socio-economic status.
receive a just share of the fruits of the
- This was founded on the right of
lands they work)
farmers and regular farm workers
- IT IS NOT CONFINED IN THE
(who are landless):
DISTRIBUTION OF LANDS TO THE
LANDLESS FARMERS AND
 to own (DIRECTLY or COLLECTIVELY)
FARMWORKERS.
the lands they till
- This is because to confine agrarian
 to receive a just share in the fruits
reform to land distribution is simply
thereof (For the farm workers)
not feasible, considering that there is
- IT DOES NOT guarantee
not enough agricultural land that can
improvement in the lives of the
be distributed to every farmer or
agrarian reform beneficiaries.
regular farmworker.
- At best, it merely provides for a
- IT INCLUDES ALTERNATIVE MODES
possibility or a favorable chance of
SUCH AS:
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 Agrarian Reform Law and Social Legislation Reviewer by Atty. Ungos | Jesha Goli-Cruz
uplifting the economic status of the
agrarian reform beneficiaries, which
may or may not be attained.
Economic Family-Size Farm
- Means an area of farm land that
permits efficient use of labor and
capital resources of the farm family
and will produce an income sufficient
to provide a modest standard of
living to meet a farm family’s needs
for food, clothing, clothing, shelter,
and education with possible
allowance for payment of yearly
installments on the land and
reasonable reserves to absorb yearly
fluctuations in income.
Section 3: Definitions:
Agriculture:
- Raising of livestock, poultry or fish
not embraced in this term
 In Luz Farms v SAR, no land is being
tilled and no crop is harvested in
these kinds of farming method thus
they are not “fruits of the land”
Industrial:
- Lands devoted for raising livestock,
poultry, and swine.
Chapter 2: Coverage
Section 4: Scope
Lands Covered by the ARL:
1. All public and private agricultural
lands
2. Other lands of the public domain
suitable for agriculture
Lands NOT covered by the ARL:
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1. Private lands with a total area of 5
hectares and below
2. Lands directly and exclusively used
for parks, wildlife, forest, reserves,
reforestation, fish sanctuaries, and
breeding grounds, watersheds and
mangroves
3. Private lands actually directly and
exclusively used for prawn farms and
fishponds;
4. Lands directly and exclusively used
and found to be necessary for:
 National defense
 School sites and campuses
 Experimental farm stations operated
for educational purposes;
 Seeds and seedling research and pilot
production center;
 Church sites and convents
appurtenant thereto
 Mosque sites and Islamic centers
appurtenant;
 Communal burial grounds and
cemeteries
 Penal colonies and penal farms
actually worked by the inmates
 Research and quarantine centers
 All lands with 18% slope except those
that are already developed.
Section 5: Schedule of Implementation:
- Acquisition and distribution of
agricultural lands to June 30, 2014
(double check with LTD)
Section 6: Retention Limits:
Retention right of the landowner: Not
more than 5 hectares of his landholdings.
- Need not be personally cultivated by
the landowner—cultivation can be
 Agrarian Reform Law and Social Legislation Reviewer by Atty. Ungos | Jesha Goli-Cruz

done indirectly through labor

administration.

NOTE: if one has already exercised his rights

under PD no 27 then he can no longer
exercise his rights under CARL.

- However, if the landowner chooses to

retain 5 hectares under CARL, the 7
hectares previously retained by him
under PD no 27 shall be immediately
placed under the coverage of the
comprehensive agrarian reform law.

WITH REGARD TO SPOUSES:

A. If the property regime is conjugal or

absolute community—the spouse
can retain only 5 hectares.
B. If the property regime is separate—
the spouse can retain 5 hectares
EACH (A TOTAL OF 10 HECTARES)

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