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Sharine Joy A.

Langato

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II. III.

Land Reform vs. Agrarian Reform 5 Components of Agrarian Reform 3 Stages of Philippine Agrarian Reform

LAND REFORM
[i]n a limited sense refer to Land Ownership-the earth where we live and which we cultivate (Quijano, 5.a.5.b)

AGRARIAN REFORM
[r]efers to the relationship that exist between man and his land as well as that between man and fellow countryman. It denotes not only private ownership of land and its accompanying problems but all possible undertaking which will improve the lot of man, the tiller of the soil (Quijano, 5.a.5c.) means the redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the

Land Reform is the physical redistribution of land

totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profitsharing, labor administration, and the distribution of stock, which will allow beneficiaries to receive a just share of the fruits of the lands they work. [Section 3 (a) of RA 6657]
Land Reform Plus Man Reform (Quijano, 5.a.3.a.)

Land

Tenure Improvement Program Regulation of private ownership of lands. Physical Development needed infrastructure i.e., irrigation system, roads, ports, electrification, school building and social and recreational facilities. Institutional Development Establishment of Farmers Cooperative and organizing farmers into effective production units.

Agricultural

Development aims at increasing the production capabilities of farmers especially the emancipated tenanttillers. Human Resource Development-Clientele and personal training which aims to increase the capabilities of the farmers, the landowner and the community at large to work toward growth and increasing the competencies of the government worker or change-agent who is entrusted with the implementation of the program. (Quijano, 5.a.5.d.)

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2. 3.

Share Tenancy Agricultural Leasehold Full Ownership

RA

1199 The Agricultural Tenancy Act of the Philippines (1954) Agricultural tenancy is the physical possession by a person of land devoted to agriculture, belonging to or legally possessed by another for the purpose of production through the labor of the former and of the members of his immediate farm household in consideration of which the former agrees to share the harvest with the latter or to pay a price certain or ascertainable, either in produce or in money, or in both [Section 3 of RA 1199]

The

parties are the landholder and the tenant. The subject is agricultural land. There is consent. The purpose is agricultural production. There is personal cultivation. There is sharing of harvest or payment of rentals. (Caballes vs. DAR, 168 SCRA 247; Qua vs. CA, 198 SCRA 247)

LEASEHOLD TENANCY
Tenant/lessee always shoulder all items of production except the land

SHAREHOLD TENANCY
The tenant shoulders labor + any of the items of contributions such as farm implements, work animals, final harrowing, and transplanting.

The tenant/lessee is the sole The tenant and the landholder are co-managers manager. The tenant/lessee gets the whole produce with the mere obligation to pay a fixed rental. The tenant and landholder divide the harvest in proportion to their contributions.

(People vs. Elias Adillo, G.R. No. L-23785, November 27, 1975)

RA 3844 Agricultural Land Reform Code of the Philippines (August 8, 1963) Parties in Agricultural Leasehold: 1. Agricultural landlord/lessor the person (natural or juridical) who furnishes the land as an owner, civil law lessee, usufructuary, or legal possessor who lets or grants to another the cultivation and use of his land for a price certain 2. Agricultural lessee cultivates the land belonging to or possessed by another with the latters consent for purposes of production, for a price certain in money or in produce or both.

Cultivate

and Take care of the farm, growing crops & other improvements. Perform all work in accordance with the proven farm practices. Inform the lessor of trespass committed by 3rd persons w/o prejudice to his direct action against the trespasser.

Take

reasonable care of work animals and farm implements delivered to him by the lessor and see to it that it is not used for purposes other than those intended or by another without the knowledge and consent of the lessor. Keep the farm and growing crops attended to during the work season. To pay the lease rentals to the lessor when it falls due.

To

Inspect and observe the extent of compliance with the terms and conditions of the leasehold contract. To Propose a change in the use of the landholding to other agricultural purposes, or in the kind of crops planted.

To

require the lessee, to adopt proven farm practices necessary to the conservation of the land, improvement of the fertility and increase in productivity; To Mortgage Expected rentals.

Abandonment

of the landholding without the knowledge of the agricultural lessor. Voluntary surrender of the landholding by the agricultural lessee, written notice of which shall be served three months in advance Absence of a person under Sec. 9 to succeed to the lessee in the event of death or permanent incapacity of the lessee.

P.D.

No. 152 (March 31,1973), Prohibits the employment or use of share-tenants in complying with the requirements of the law regarding entry, occupation, improvement and cultivation of public lands. P.D. No. 583 (November 10, 1974), prescribed penalty for the unlawful ejectment, exclusion, removal or ouster of tenantfarmers from their landholdings.

P.D.

No. 816 (October 21, 1975) penalized any agricultural lessee of rice and corn lands under PD 27 who deliberately refuses or continue to refuse to pay rentals or amortization when they are due and remain unpaid within a period of two years. P.D. No. 1425 (June 10, 1978) strengthened the prohibition against the practice of share tenancy and providing penalties thereof. Under this decree any tenant who refuses to enter into leasehold contract may be prosecuted before the Court of Agrarian Relations.

P.D. No. 1040 (October 21, 1976) prohibited and penalized the contracting of share tenants in all agricultural land covered by P.D. 27.

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b.

P.D. 27 The Land Reform Program R.A. 6657 Comprehensive Agrarian Reform Law of 1988

Salient Points: It applies to TENANT-FARMERS of private agricultural lands primarily devoted to rice and corn under a system of share-crop or lease tenancy, whether classified as land estate or not. The tenant-farmer is DEEMED OWNER of a family size farm of five (5) hectares if not irrigated and three (3) hectares if irrigated. The landowner may retain an area of not more then seven (7) hectares if he is cultivating such area or will now cultivate it.

The value of the land shall be equivalent to two and one half (2-1/2) times the AVERAGE HARVEST OF THREE NORMAL CROP YEARS IMMEDIATELY PRECEDING THE PROMULGATION OF THIS DECREE. The tenant shall pay for THE COST OF THE LAND, including interest of six (6) percent per annum in FIFTEEN (15) YEARS of fifteen (15) equal annual amortizations. NOTE: The period is extended to twenty (20) years equal annual amortization under Sec. 6, E.O. 228 of July 17, 1987 by Pres. Corazon C. Aquino.

The FARMER'S COOPERATIVE pays the amortization if the tenant defaults in payment of amortization. The cooperative shall have a RIGHT OF RECOURSE against the member tenant. The TITLE to the land owned by the tenant shall not be transferable except BY HEREDITARY SUCCESSION or TO THE GOVERNMENT in accordance with this Decree, the Code of Agrarian Reform and other existing laws and regulation. The Department of Agrarian Reform through its Secretary is hereby empowered to promulgate rules and regulations for the implementation of this Decree.

Comprehensive Agrarian Reform Law of 1988 The purpose of the law is to attain agrarian reform, rural development, and industrialization.
(Other details will be given by the next reporter.)