1.

2. If Pedro introduces secondary crops on the land,

a. What is a secondary crop?

Under Section 2 (5)(r) of Republic Act No. 2263, auxiliary or secondary crop
is defined as any product raised other than the crop to which the cultivation of
the land is principally devoted in each agricultural year; and excluding the
produce of the homelot.

b. Is this allowed or prohibited under the law? Explain.

The indroduction of secondary crops is allowed under the law.

Under Section 3.7. of DAR Administrative Order No. 06 Series of 2003,

Where the rental has been fixed, whether in case or in kind, such rental shall
constitute the consideration for the use of the land and the lessee may diversify
and/or plant auxiliary crops.

In this case, Pedro, being the lessee, may plant secondary crops on the
land he leases.

Therefore, Pedro is allowed to introduce secondary crops.

c. Can Juan ask for an increase in the monthly rent? Why or why not?

No. Juan cannot ask for an increase in the monthly rent.

Under Section 3.7. of DAR Administrative Order No. 06 Series of 2003,

where the rental has been fixed, whether in case or in kind, the lessee may
 diversify and/or plant auxiliary crops. However, in such a case, the tenant shall
receive eighty per centum and the landholder twenty per centum of the net
produce provided that all the expenses of production are shouldered by the
tenant/lessee as stated in Section 30 of Republic Act No. 1199.

In this case, Juan cannot ask for an increase in the monthly rent despite
the introduction of the auxiliary crops by Pedro. The planting of secondary crops
has already been considered by the parties when they fixed the amount of rent.
Nevertheless, Juan is entitled to twenty per centum of the net produce in the
said crops provided that Pedro shouldered all the expenses of production.

Therefore, Juan cannot ask for an increase in rent but he may demand the
twenty per centum of the net produce.

d. When can the crops be changed from rice to corn?

The crops can be changed from rice to corn when the landholder proposes
such change.

Under Section 29 (2) of Republic Act 3844, it shall be the right of the
agricultural lessor to propose a change in the use of the landholding to other
agricultural purposes, or in the kind of crops to be planted: Provided, That in
case of disagreement as to the proposed change, the same shall be settled by
the Court according to the best interest of the parties concerned.

In this case, rice can be changed to corn when Juan, the lessor, proposes
such change and Pedro, the lessee, agrees to said proposal. In the event that
Pedro rejects the proposed change, the Court shall settle the disagreement
taking into consideration the best interest of both parties.

Therefore, the crops can be changed when the lessor and lessee agree to
the proposed change.

3. Aldo, the eldest, Barbara and Caloy, the youngest, are children of Juan, a
tenant of Don Subas. Juan is married to Elsa.
 a. If Juan dies, who will succeed as the tenant(s) of Don Subas?

The person who will succeed Juan is either of his children or his spouse
depending on their capacity to cultivate the landholding and subject to the
choice of the agricultural lessor.

Under Section 9 of Republic Act No. 3844, in case of death or permanent

incapacity of the agricultural 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 agricultural lessor within one month from
such death or permanent incapacity, from among the following: (a) the
surviving spouse; (b) the eldest direct descendant by consanguinity; or (c) the
next eldest descendant or descendants in the order of their age. In the event
the agricultural lessor fails to exercise his choice within the periods herein
provided, the priority shall be in accordance with the order herein established.

In this case, the person who will succeed Juan depends on the choice of
Don Subas, the agricultural lessor. However, if Don Subas failed to exercise his
choice within the periods provided in the law, the order of succession shall start
from Elsa, the surviving spouse, then Aldo, the eldest child, followed by Barbara,
the next eldest, and lastly by Caloy, the youngest.

Therefore, the person who will succeed Juan shall be chosen by Don Subas
or in the event the latter failed to choose, the priority shall be in accordance
with the order established in the law i.e. the surviving spouse, the eldest direct
descendant by consanguinity, or the next eldest descendant or descendants in
the order of their age.

b. If Don Subas goes to you for legal advice on the matter what will you
propose as the BEST option? Explain.

4. Under Republic Act No. 3844, it is provided that one of ground for
dispossession is, as follows:
 The agricultural lessor-owner or a member of his immediate family will
personally cultivate the landholding or will convert the landholding, if suitably
located, into residential, factory, hospital or school site or other useful non-
agricultural purposes: Provided; That the agricultural lessee shall be entitled to
disturbance compensation equivalent to five years rental on his landholding xxx
Such ground for dispossession is amended under Republic Act No. 6389, as
follows:
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: 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."
Give possible reasons why such amendment was made.
First, Republic Act No. 3844 or the Agricultural Land Reform Code contains
provisions establishing agricultural leasehold relation and conferring and protecting the
security of tenure of the agricultural lessee under Sections 5 and 7, respectively.
Second,

it is the policy of the State to achieve a dignified existence for the small farmers free from
pernicious institutional restraints and practices.
5.