Académique Documents
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A. PH Constitution negotiations, and peaceful concerted activities, including the right to strike in accordance with
1) Art. II Sec. 21 - The State shall promote comprehensive rural development and law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
agrarian reform They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
- Rural development must include agrarian reform and also encompass a broad
spectrum of social, economic, human, cultural, political, and even industrial The State shall promote the principle of shared responsibility between workers and employers
development. and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.
2) Art. XII Sec. 1 - The goals of the national economy are a more equitable distribution
of opportunities, income, and wealth; a sustained increase in the amount of goods
The State shall regulate the relations between workers and employers, recognizing the right of
and services produced by the nation for the benefit of the people; and an expanding
labor to its just share in the fruits of production and the right of enterprises to reasonable
productivity as the key to raising the quality of life for all, especially the
returns to investments, and to expansion and growth.
underprivileged.
The State shall promote industrialization and full employment based on sound Right to organize is given to all kinds of workers both in the private and public sector
agricultural development and agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are competitive in both Right to strike may be prohibited. Right to organize does not necessarily mean right to strike.
domestic and foreign markets. However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices. Workers have the right to participate in decision making process of employers on matters
affecting their rights and benefits as may be provided by law
In the pursuit of these goals, all sectors of the economy and all regions of the country
shall be given optimum opportunity to develop. Private enterprises, including
corporations, cooperatives, and similar collective organizations, shall be encouraged This is done through the ff:
to broaden the base of their ownership.
1. Collective Bargaining agreements
- What is envisioned is industrialization that is a result of releasing through agrarian 2. Grievance machineries
reform capital locked up in land. 3. Voluntary modes of settling disputes
- This does not mean that agricultural development has priority over industrialization. 4. Conciliation proceedings mediated by government
But only means a flexible and rational relationship between the two as dictated by
the common good. *Compulsory arbitration is down-played in the Constitution.
Section 3. The State shall afford full protection to labor, local and overseas, organized and Section 4. The State shall, by law, undertake an agrarian reform program founded on the right
unorganized, and promote full employment and equality of employment opportunities for all. of farmers and regular farmworkers who are landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this
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end, the State shall encourage and undertake the just distribution of all agricultural lands, Section 8. The State shall provide incentives to landowners to invest the proceeds of the
subject to such priorities and reasonable retention limits as the Congress may prescribe, taking agrarian reform program to promote industrialization, employment creation, and privatization
into account ecological, developmental, or equity considerations, and subject to the payment of public sector enterprises. Financial instruments used as payment for their lands shall be
of just compensation. In determining retention limits, the State shall respect the right of small honored as equity in enterprises of their choice.
landowners. The State shall further provide incentives for voluntary land-sharing.
B. RA 6657, as amended
- Agrarian Reform covers ALL kinds of agricultural land 1. Sec. 2
- Agricultural lands are lands which are arable and suitable agricultural lands and do
NOT include commercial, industrial, and residential lands SECTION 2. Declaration of Principles and Policies. — It is the policy of the State to pursue a
Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and
farmworkers will receive the highest consideration to promote social justice and to move the
Goals of Agrarian Reform:
nation toward sound rural development and industrialization, and the establishment of owner
cultivatorship of economic-size farms as the basis of Philippine agriculture.
1. Efficient production
2. More equitable distribution of land which recognizes the right of farmers and To this end, a more equitable distribution and ownership of land, with due regard to the rights
landless regular farm workers to own the land they till of landowners to just compensation and to the ecological needs of the nation, shall be
3. Just share of other or seasonal farm workers in the fruits of the land undertaken to provide farmers and farmworkers with the opportunity to enhance their dignity
and improve the quality of their lives through greater productivity of agricultural lands.
Lands exempt from Land Reform:
The agrarian reform program is founded on the right of farmers and regular farmworkers, who
1. Non-agricultural lands are landless, to own directly or collectively the lands they till or, in the case of other farm
2. Lands previously converted to non-agricultural uses prior to CARL effectivity by workers, to receive a just share of the fruits thereof. To this end, the State shall encourage and
government agencies other than respondent DAR undertake the just distribution of all agricultural lands, subject to the priorities and retention
limits set forth in this Act, having taken into account ecological, developmental, and equity
considerations, and subject to the payment of just compensation. The State shall respect the
Redistribution of land is done through either:
right of small landowners, and shall provide incentives for voluntary land-sharing.
1. Voluntary sale The State shall recognize the right of farmers, farmworkers and landowners, as well as
2. Expropriation and resale cooperatives and other independent farmers' organizations, to participate in the planning,
organization, and management of the program, and shall provide support to agriculture
Just compensation through appropriate technology and research, and adequate financial production, marketing
and other support services.
Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well
as cooperatives, and other independent farmers’ organizations to participate in the planning, The State shall apply the principles of agrarian reform, or stewardship, whenever applicable,
organization, and management of the program, and shall provide support to agriculture in accordance with law, in the disposition or utilization of other natural resources, including
through appropriate technology and research, and adequate financial, production, marketing, lands of the public domain, under lease or concession, suitable to agriculture, subject to prior
and other support services. rights, homestead rights of small settlers and the rights of indigenous communities to their
ancestral lands.
Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever The State may resettle landless farmers and farmworkers in its own agricultural estates, which
applicable in accordance with law, in the disposition or utilization of other natural resources, shall be distributed to them in the manner provided by law. By means of appropriate
including lands of the public domain under lease or concession suitable to agriculture, subject incentives, the State shall encourage the formation and maintenance of economic-size family
to prior rights, homestead rights of small settlers, and the rights of indigenous communities to farms to be constituted by individual beneficiaries and small landowners. The State shall
their ancestral lands. protect the rights of subsistence fishermen, especially of local communities, to the preferential
use of communal marine and fishing resources, both inland and offshore. It shall provide
The State may resettle landless farmers and farmworkers in its own agricultural estates which support to such fishermen through appropriate technology and research, adequate financial,
shall be distributed to them in the manner provided by law. production and marketing assistance and other services. The State shall also protect, develop
2. Sec. 3 a,b,c,e (b) All lands of the public domain in excess of the specific limits as determined by Congress in
the preceding paragraph;
SECTION 3. Definitions. —For the purpose of this Act, unless the context indicates otherwise:
(c) All other lands owned by the Government devoted to or suitable for agriculture; and
(a) Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to
farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to (d) All private lands devoted to or suitable for agriculture regardless of the agricultural
include the totality of factors and support services designed to lift the economic status of the products raised or that can be raised thereon.
beneficiaries and all other arrangements alternative to the physical redistribution of lands,
such as production or profit-sharing, labor administration, and the distribution of shares of SECTION 5. Schedule of Implementation. — The distribution of all lands covered by this Act
stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work. shall be implemented immediately and completed within ten (10) years from the effectivity
thereof.
(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the soil,
planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the 4. Sec. 7-11
harvesting of such farm products, and other farm activities and practices performed by a
farmer in conjunction with such farming operations done by person whether natural or SECTION 7. Priorities. — The Department of Agrarian Reform (DAR) in coordination with the
juridical. Presidential Agrarian Reform Council (PARC) shall plan and program the acquisition and
distribution of all agricultural lands through a period of ten (10) years from the effectivity of
(c) Agricultural Land refers to land devoted to agricultural activity as defined in this Act and not this Act. Lands shall be acquired and distributed as follows:
classified as mineral, forest, residential, commercial or industrial land.
Phase One: Rice and corn lands under Presidential Decree No. 27; all idle or abandoned lands;
(e) Idle or Abandoned Land refers to any agricultural land not cultivated, tilled or developed to all private lands voluntarily offered by the owners for agrarian reform; all lands foreclosed by
produce any crop nor devoted to any specific economic purpose continuously for a period of the government financial institutions; all lands acquired by the Presidential Commission on
three (3) years immediately prior to the receipt of notice of acquisition by the government as Good Government (PCGG); and all other lands owned by the government devoted to or
provided under this Act, but does not include land that has become permanently or regularly suitable for agriculture, which shall be acquired and distributed immediately upon
devoted to non-agricultural purposes. It does not include land which has become unproductive the effectivity of this Act, with the implementation to be completed within a period of not
by reason of force majeure or any other fortuitous event, provided that prior to such event, more than four (4) years;
such land was previously used for agricultural or other economic purpose.
Phase Two: All alienable and disposable public agricultural lands; all arable public agricultural
lands under agro-forest, pasture and agricultural leases already cultivated and planted to crops
in accordance with Section 6, Article XIII of the Constitution; all public agricultural lands which
are to be opened for new development and resettlement; and all private agricultural lands in
SECTION 9. Ancestral Lands. —For purposes of this Act, ancestral lands of each indigenous FACTS:
cultural community shall include, but not be limited to, lands in the actual, continuous and - On 10 June 1988, RA 6657 was approved by the President of the Philippines, which
open possession and occupation of the community and its members: Provided, That the includes, among others, the raising of livestock, poultry and swine in its coverage.
Torrens Systems shall be respected. The right of these communities to their ancestral lands - Luz Farms is a corporation engaged in the livestock and poultry business allegedly
shall be protected to ensure their economic, social and cultural well-being. In line with the stands to be adversely affected by the enforcement of some provisions of CARP.
principles of self-determination and autonomy, the systems of land ownership, land use, and Hence, it prayed that the said law be declared unconstitutional.
the modes of settling land disputes of all these communities must be recognized and - Luz Farms questions the following provisions of R.A. 6657, insofar as they are made
respected. to apply to it:
Any provision of law to the contrary notwithstanding, the PARC may suspend the (a) Section 3(b) which includes the "raising of livestock (and poultry)" in the definition of
implementation of this Act with respect to ancestral lands for the purpose of identifying and "Agricultural, Agricultural Enterprise or Agricultural Activity.
delineating such lands: Provided, That in the autonomous regions, the respective legislatures (b) Section 11 which defines "commercial farms" as "private agricultural lands devoted to
may enact their own laws on ancestral domain subject to the provisions of the Constitution commercial, livestock, poultry and swine raising . . ."
and the principles enunciated in this Act and other national laws. (c) Section 13 which calls upon petitioner to execute a production-sharing plan.
(d) Section 16(d) and 17 which vest on the Department of Agrarian Reform the authority to
SECTION 10. Exemptions and Exclusions. —Lands actually, directly and exclusively used and summarily determine the just compensation to be paid for lands covered by the Comprehensive
found to be necessary for parks, wildlife, forest reserves, reforestation, fish sanctuaries and Agrarian Reform Law
breeding grounds, watersheds, and mangroves, national defense, school sites and campuses (e) Section 32 which spells out the production-sharing plan mentioned in Section 13
including experimental farm stations operated by public or private schools for educational ". . . (W)hereby three percent (3%) of the gross sales from the production of such lands are
purposes, seeds and seedlings research and pilot production centers, church sites and distributed within sixty (60) days of the end of the fiscal year as compensation to regular and
convents appurtenant thereto, mosque sites and Islamic centers appurtenant thereto, other farmworkers in such lands over and above the compensation they currently receive xxx
communal burial grounds and cemeteries, penal colonies and penal farms actually worked by
the inmates, government and private research and quarantine centers and all lands with - The mentioned sections of the law provide the product-sharing plan, including those
eighteen percent (18%) slope and over, except those already developed shall be exempt engaged in livestock and poultry business.
from the coverage of the Act. - Luz Farms further argued that livestock or poultry raising is not similar with crop or
tree farming.
SECTION 11. Commercial Farming. — Commercial farms, which are private agricultural lands - That the land is not the primary resource in this undertaking and represents no more
devoted to commercial livestock, poultry and swine raising, and aquaculture including salt than 5% of the total investments of commercial livestock and poultry raisers.
beds, fishponds and prawn ponds, fruit farms, orchards, vegetable and cut-flower farms, and - That the land is incidental but not the principal factor or consideration in their
cacao, coffee and rubber plantations, shall be subject to immediate compulsory acquisition industry. Hence, it argued that it should not be included in the coverage of RA 6657
and distribution after (10) years from the effectivity of the Act. In the case of new farms, the which covers “agricultural lands”.
ten-year period shall begin from
the first year of commercial production and operation, as determined by the DAR. During the ISSUE: WN Sections 3(b), 11, 13 and 32 of R.A. No. 6657 (the Comprehensive Agrarian Reform
ten-year period, the government shall initiate the steps necessary to Law of 1988) are constitutional, insofar as the said law includes the raising of livestock, poultry
acquire these lands, upon payment of just compensation for the land and the improvements and swine in its coverage
thereon, preferably in favor of organized cooperatives or associations,
which shall hereafter manage the said lands for the worker-beneficiaries. If the DAR HELD: Said provisions are unconstitutional.
determines that the purposes for which this deferment is granted no
longer exist, such areas shall automatically be subject to redistribution. The provisions of The transcripts of the deliberations of the Constitutional Commission of 1986 on the meaning
Section 32 of the Act, with regard to production-and income sharing, of the word "agricultural," clearly show that it was never the intention of the framers of the
shall apply to commercial farms. Constitution to include livestock and poultry industry in the coverage of the constitutionally-
mandated agrarian reform program of the Government.
- Pres. Carlos Garcia issued Proclamation No. 476, withdrawing from sale or - DARAB found that the private respondents were not tenants and cannot therefore
settlement and reserving for the Mindanao Agricultural College, a site which would be beneficiaries under the CARP. At the same time, the DARAB ordered the
be the future campus of what is now the CMU segregation of 400 hectares of suitable, compact and contiguous portions of the
CMU land and their inclusion in the CARP for distribution to qualified beneficiaries.
- In the course of the cadastral hearing of the school's petition for registration of the
aforementioned grant of agricultural land, several tribes belonging to cultural - Complainants Obrique, et al. claimed that they are tenants of the CMU and/or
communities, opposed the petition claiming ownership of certain ancestral lands landless peasants claiming/occupying a part or portion of the CMU.
forming part of the tribal reservations. Some of the claims were granted so that what
was titled to the present petitioner school was reduced from 3,401 hectares to 3,080 Issue:
hectares. 1. WN the complainants are tenants of CMU, hence, beneficiaries of CARP
2. WN CMU is subject to CARP
- In 1984, the CMU approved Resolution No. 160, adopting a livelihood program called 3. WN DARAB has jurisdiction to hear and decide Case No. 005 for Declaration of Status
"Kilusang Sariling Sikap Program" under which the land resources of the University of Tenants and coverage of land under the CARP
were leased to its faculty and employees. This arrangement was covered by a written
contract. Held:
1. We agree with the DARAB's finding that Obrique, et. al. are not tenants.
- Under this program the faculty and staff combine themselves to groups of five
members each, and the CMU provided technical know-how, practical training and all - Under the terms of the written agreement signed by Obrique, et. al., pursuant to the
kinds of assistance, to enable each group to cultivate 4 to 5 hectares of land for the livelihood program called "Kilusang Sariling Sikap Program", it was expressly
lowland rice project. Each group pays the CMU a service fee and also a land use stipulated that no landlord-tenant relationship existed between the CMU and the
participant's fee. faculty and staff (participants in the project).
- The contract prohibits participants and their hired workers to establish houses or live - The CMU did not receive any share from the harvest/fruits of the land tilled by the
in the project area and to use the cultivated land as a collateral for any kind of loan. participants. What the CMU collected was a nominal service fee and land use
It was expressly stipulated that no landlord-tenant relationship existed between participant's fee in consideration of all the kinds of assistance given to the
the CMU and the faculty and/or employees. This particular program was conceived participants by the CMU.
as a multi-disciplinary applied research extension and productivity program to utilize
available land, train people in modern agricultural technology and at the same time - Again, the agreement signed by the participants under the CMU-IEP clearly
stipulated that no landlord-tenant relationship existed, and that the participants
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are not share croppers nor lessees, and the CMU did not share in the produce of - In the case at bar, the DARAB found that the complainants are not share tenants or
the participants' labor. lease holders of the CMU, yet it ordered the "segregation of a suitable compact and
contiguous area of Four Hundred hectares, more or less", from the CMU land
- Obrique is not a landless peasant. The facts showed he was Physics Instructor at CMU reservation, and directed the DAR Regional Director to implement its order of
holding a very responsible position was separated from the service on account of segregation. Having found that the complainants in this agrarian dispute for
certain irregularities he committed while Assistant Director of the Agri-Business Declaration of Tenancy Status are not entitled to claim as beneficiaries of the CARP
Project of cultivating lowland rice. Others may, at the moment, own no land in because they are not share tenants or leaseholders, its order for the segregation of
Bukidnon but they may not necessarily be so destitute in their places of origin. No 400 hectares of the CMU land was without legal authority.
proof whatsoever appears in the record to show that they are landless peasants.
3. Natalia Realty v. DAR
- In view of the above, the private respondents, not being tenants nor proven to be
landless peasants, CANNOT qualify as beneficiaries under the CARP. FACTS:
- Petitioner Natalia is the owner of three contiguous parcels of land located in Banaba,
- The portion of the CMU land leased to the Philippine Packing Corporation (now Del Antipolo, Rizal.
Monte Phils., Inc.) was leased long before the CARP was passed.
- On 18 April 1979, Presidential Proclamation No. 1637 set aside 20,312 hectares of
- The agreement with the Philippine Packing Corporation was not a lease but a land located in the Municipalities of Antipolo, San Mateo and Montalban as townsite
Management and Development Agreement, a joint undertaking where use by the areas to absorb the population overspill in the metropolis which were designated as
Philippine Packing Corporation of the land was part of the CMU research program, the Lungsod Silangan Townsite. The Natalia properties are situated within the areas
with the direct participation of faculty and students. Said projects were directly proclaimed as townsite reservation.
connected to the purpose and objectives of the CMU as an educational institution.
- EDIC, developer of Natalia, applied for and was granted preliminary approval and
2. It is our opinion that the 400 hectares ordered segregated by the DARAB and locational clearances by the Human Settlements Regulatory Commission. Petitioners
affirmed by the Court of Appeals in its Decision dated August 20, 1990, is not covered were likewise issued development permits after complying with the requirements.
by the CARP because: Thus the Natalia properties later became the Antipolo Hills Subdivision.
It is not alienable and disposable land of the public domain
- On 15 June 1988, CARL was enacted.
The CMU land reservation is not in excess of specific limits as determined
- DAR, through MARO, issued a Notice of Coverage on the undeveloped portions of
by Congress;
the Antipolo Hills Subdivision which consisted of roughly 90.3307 hectares.
It is private land registered and titled in the name of its lawful owner, the - Natalia and EDIC protested to this.
CMU;
It is exempt from coverage under Section 10 of R.A. 6657 because the lands - Members of the Samahan ng Magsasaka sa Bundok Antipolo, Inc. (SAMBA), filed a
are actually, directly and exclusively used and found to be necessary for complaint against Natalia and EDIC before the DAR Regional Adjudicator to restrain
school site and campus, including experimental farm stations for petitioners from developing areas under cultivation by SAMBA members.
educational purposes, and for establishing seed and seedling research and
pilot production centers
- DAR Regional ruled by temporarily restraining petitioners from further developing
the subdivision.
3. DARAB has no jurisdiction. - Petitioners elevated their cause to DARAB but the latter merely remanded the case
- Under Section 4 and Section 10 of R.A. 6657, it is crystal clear that the jurisdiction of to the Regional Adjudicator for further proceedings
the DARAB is limited only to matters involving the implementation of the CARP. - Natalia wrote respondent Secretary of Agrarian Reform reiterating its request to set
- It is restricted to agrarian cases and controversies involving lands falling within the aside the Notice of Coverage. Neither respondent Secretary nor respondent Director
coverage of the aforementioned program. took action on the protest-letters. Hence, this petition.
- It does NOT include those which are actually, directly and exclusively used and
found to be necessary for, among such purposes, school sites and campuses for - Natalia’s contention: Subject properties already ceased to be agricultural lands when
setting up experimental farm stations, research and pilot production centers, etc. they were included in the areas reserved by presidential fiat for town site
reservation.
- Respondents’ family acquired their landholdings as early as 1948. They have long
been in the business of breeding cattle in Masbate which is popularly known as the
cattle-breeding capital of the Philippines. Petitioner DAR does not dispute this
fact. Indeed, there is no evidence on record that respondents have just recently
engaged in or converted to the business of breeding cattle after the enactment of
the CARL that may lead one to suspect that respondents intended to evade its
coverage. It must be stressed that what the CARL prohibits is the conversion of
agricultural lands for non-agricultural purposes after the effectivity of the
CARL. There has been no change of business interest in the case of respondents.