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AGRICULTURE

A. Definition of Agriculture

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Agriculture is the cultivation of land and breeding of animals and plants to provide food, fiber, medicinal plants and other products to sustain and enhance life.

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Agriculture includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer on a farm as an incident to or in conjunction with some farming operations, but does not include the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products.

3 Stages of Agriculture Development By: Eva Rose P. Villaruel

Stage I: Subsistence Farming 

Subsistence farming, form of farming in which nearly all of the crops or livestock raised are used to maintain the farmer and the farmer’s family, leaving little, if any, surplus for sale or trade. Preindustrial agricultural peoples throughout the world have traditionally practiced subsistence farming. Some of these peoples moved from site to site as they exhausted the soil at each location. As urban centres grew, agricultural production became more specialized and commercial farming developed, with farmers producing a sizable surplus of certain crops, which they traded for manufactured goods or sold for cash.

Example of Subsistence Farming 

Subsistence farming may be shifting farming or nomadic herding (see nomadic people). Examples: A family has only one cow to give milk only for that family. A farmer grows only enough wheat to make bread for his or her family.

3 Stages of Agricultural Development 1. 2. 3.

Ancient – Hunting & Gathering Traditional Modern

Stage II: Transition to Mixed and Diversified Farming: 

Mixed farming is the combining of two independent agricultural enterprises on the same farm. A typical case of mixed farming is the combination of crop enterprise with dairy farming or in more general terms, crop cultivation with livestock farming.

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Mixed farming may be treated as a special case of diversified farming.

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Examples of Mixed Farming: 

Examples of mixed animal systems include chicken-fish production where chicken dung serves as fish fodder. In a diversified system some components exist as independent units. ... Among other benefits, this technology also allows farmers to grow fodder for livestock and poultry.

Stage III: From Diverse to Specialization/ Modern and Commercial Farming: 

Commercial agriculture is a large-scale production of crops for sale, intended for widespread distribution to wholesalers or retail outlets. In commercial farming crops such as wheat, maize, tea, coffee, sugarcane, cashew, rubber, banana, cotton are harvested and sold in the world markets.

EXAMPLES: 

Mixed crop and livestock.

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Dairy farming.

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Grain farming.

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Livestock ranching.

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Mediterranean agriculture.

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Commercial gardening and fruit farming.

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LAND TENURE

B. DEFINITION OF LAND TENURE

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REPORTED BY:

ERIKKA DE VERA

Three Kinds of Land Tenure Structure 1.

2.

3.

Agricultural Tenancy – refers to the manner of holding agricultural lands. Share Tenancy – under this system of landholding, tillers work the land as sharecroppers entitled to share in the produce of the land. Leasehold Tenancy – is a tenurial system which was instituted by R.A. No. 3844 (Code of Agrarian Reforms) characterized by lessor and lessee relationship which is created either by written or oral agreement between the parties or impliedly by acceptance of benefits by the landowner, or by an act of cultivation thru the toleration of the owner.

It is the legal regime in which land is owned by an individual, who is said to "hold" the land. It determines who can use land, for how long, and under what conditions. The French verb "tenir" means "to hold" and "tenant" is the present participle of "tenir".

Land Tenure Structure

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It is a concept that connotes one or more types of land tenure system regulating the rights to ownership and control and usages of land and the duties accompanying such rights.

PARIL, FARRAH

AGRARIAN LAW & SOCIAL LEGISLATION Atty. DANIEL GUTIERREZ

C.1. DIVINE RIGHT OF KINGSHIP Divine Right of Kingship is a belief that the King and Queen’s right of rule derives directly from God and not from the consent of the people. This was common through the 16th-18th century and was urged by such kings, such as Louis XIV of France.

C.2. FEUDALISM The feudal system was introduced to England as early as 900AD. It was a simple, but effective system, where all the lands were owned by the King. One quarter was kept by the King as his personal property, some was given to the church and the rest was leased out under strict controls. A simple plan showing how the Feudal System works: The King: Leader of the Feudal System The King was in complete control under the feudal system (at least nominally). He owned all the land in the country and decided to whom he would lease land. He therefore typically allowed tenants he could trust to lease land from him. However, before they were given any land they had to swear an oath of fealty to the King at all times. The men who leased land from the King were known as Barons, they were wealthy, powerful and had complete control of the land they leased from the King.

In justifying the way of monarchies during those times, the idea is that Kings and Queens have God-given right to rule and that rebellion against them is a sin. Such doctrine was traced back to the bible, quoting: Romans Chapter 13 “Let every person be subject to the governing authorities. For there is no authority except from God and those that exists have been instituted by God. Therefore, he who resists the authorities, resists what God has appointed, and those who resist will incur judgment. For rulers are not a terror to good conduct but to bad.” Here we can see three (3) embodied things in the Divine Right of Kings: (1) The king is appointed at the discretion of God; (2) The king is considered God’s regent on earth: (3) A king is responsible to follow the ways of God in his actions and his carrying out of justice The concept of the divine right of kings was based upon the laws of God and nature. The king’s power to rule was derived from his ancestors, the authority of a monarch to rule a realm is by virtue of his birth, who as monarchs were appointed to serve God, This doctrine provides that Kings were chosen by GOD and that they were infallible or can do no wrong for they were the chosen ones regardless of his misconduct, a king or his heir could not be forced to forfeit the right to be obedience of subjects or the right to succeed to the throne. Nowadays, kings, emperors and other royalties are no longer common, aside from few countries like Spain, Japan, England, Thailand etc. but these countries nowadays, usually limit the powers of these royals by way of there constitutions.

Barons: Executors of the Feudal System Barons leased land from the King that was known as a manor. They were known as the Lord of the Manor and were in complete control of this land. They established their own system of justice, minted their own money and set their own taxes. In return for the land they had been given by the King, the Barons had to serve on the royal council, pay rent and provide the King with Knights for military service when he demanded it. They also had to provide lodging and food for the King and his court when they travelled around his realm. The Barons kept as much of their land as they wished for their own use, then divided the rest among their Knights. Barons were very rich. Knights

Knights were given land by a Baron in return for military service when demanded by the King. They also had to protect the Baron and his family, as well as the Manor, from attack. The Knights kept as much of the land as they wished for their own personal use and distributed the rest to villeins (serfs). Although not as rich as the Barons, Knights were quite wealthy.

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Villeins

Villeins, sometimes known as serfs, were given land by Knights. They had to provide the Knight with free labour, food and service whenever it was demanded. Villeins had no rights. They were not allowed to leave the Manor and had to ask their Lord’s permission before they could marry. Villeins were poor.

When the Philippines was ‘discovered’ in 1521 by Ferdinand Magellan, a Portuguese explorer under the Spanish King Philip II. It was not until 1565 that Miguel Lopez de Legaspi headed Spain’s colonial administration over the archipelago, after a “bloodless” conquest. (Agoncillo 1990) With their superior military technology and imperial designs as a world power, the Spanish colonizers subdued and united into one political unit the disparate tribal communities spread out all over the islands. With the friars, the vanguards of the Christian faith, the Spaniards assured their centuries-long occupation, through gradual evangelizing—and firm domination, control and governance of the natives. Spain then established until 1821 a bureaucracy with the governor-general as the main administrator. It subdivided the country into different levels of administration, from the province headed by a Spaniard as the provincial governor, and further divided into cities, municipalities and the smallest political unit, the barrio. The municipality or city was headed by the gobernadorcillo and held administrative duties covering lands, justice, finance and the armed forces. This was the highest government position held by a Filipino. At the lowest level, the barrio was administered by the cabeza de barangay who served as the tax and contributions collector for the gobernadorcillo. The cabeze de barangay and higher officials enjoyed certain privileges such as exemption from forced labor which was imposed on the majority of the natives. With such special positions of power, the barrio administrators tended to abuse those under their supervision. Feudal relations thus characterized the administrative machinery of the Spanish colonizers. This system had similarities with the European feudal rules, for example, the natives held the pueblo lands “by assignment from the king.” And this landholding arrangement, the encomienda system, where the extensive tracts of land were awarded by the king to the church, pious organizations and conquistadores evolved as hacienda agriculture, prevailing up to the end of the Spanish regime. This feudalistic relations created an inequitable, exploitative, and oppressive social relations of production providing more wealth and more profits for the local landowners at the expense of the laborers or peons who had to survive as tillers of the soil.

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C. 3. SPANISH E NCOMIE NDA SYST E M

ENCOMENDIA SYSTEM Spanish colonizers purchased communal lands through the barangay headmen who represented the natives. Areas acquired were hurriedly titled and all uninhabited lands were declared “reserved” for the Spanish King, who, later on issued Royal decrees and land grants in favor of Spanish friars and soldiers.

LATIN AMERICA AND PHILIPPINES REPORTED BY: ANGELICA DIAZ

ENCOMENDIA  It was a vehicle used to collect taxes from Filipinos, who tilled the land and surrendered part of their produce to the encomendero as tribute in the form of agricultural crops, poultry, woven mats, cotton yarn, etc.

ENCOMENDIA is a vast tract of landholding which served as selfreliant food producing community. It was applied on a much larger scale during the Spanish colonization of the Americas and the Philippines. It was assigned to a Spanish encomendero (caretaker), usually a friar or soldier. Hernán Cortés, conqueror of the Aztecs and premier encomendero of New Spain.

18th century mad scramble for wealth thru world trade  Spanish officials and their families, as well as rich Chinese traders  accumulated vast tracts of land  Haciendas Thus, encomiendas were replaced by h a c i e n d a s .

C.4 . RE G A L I A N DOCT RINE C0NCEPT OF JURE REGALIA Article XII (National Economy and Patrimony), Section 2

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REGALIAN DOCTRINE refers to the feudal principle that private title to land must emanate, directly or indirectly, from the Spanish crown with the latter retaining the underlying title. The term refers to royal rights, or those rights to which the King has by virtue of his prerogatives. A Western legal concept that was first introduced by the Spaniards into the country through the Laws of the Indies and the Royal Cedulas.

 The Regalian Doctrine dictates that all lands of the public domain belong to the State, that the State is the source of any asserted right to ownership of land and charged with the conservation of such patrimony.  The doctrine has been consistently adopted under the 1935, 1973, and 1987 Constitutions.  Thus, all lands that have not been acquired from the government, either by purchase or by grant, belong to the State as part of the inalienable public domain.

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ACT No. 496 The Land Registration Act

C.5. LAND REGISTRATION ACT OF 1902

An Act to Provide for the Adjudication of Titles to Lands in the Philippine Islands (Philippine legislature) 6 November 1902.

• Composed of 128 Sections and took effect on January 1, 1903 • The Philippine Commission enacted ACT 496, known as Land Registration Law that created the Court of Land Registration (CLR) and the Office of the Register of Deeds. Whereby real estate ownership may be judicially recorded in the archives of the government. The system took effect on February 1, 1903. • The Philippine Commission is composed of five (5) judged who were appointed by the Governor-General, one (1) is designated as the Judge of Court while the rest were assigned as Associate Judges.

REPORTED BY: GERALD LAGOS

 Upon the effectivity of Act No. 2374, the Court of Land Registration by the General Land Registration Office (GLRO), and on June 17, 1954 upon the effectivity of RA 1151 was also replaced by the Land Registration Commission. The commissioner of Land Registration took over the powers and functions of the GLRO who was in direct control of the Registers of Deeds (RDs) as well as the Clerk of Court of First Instance in Land Registration cases. It was then that Registry of Deeds was established in every Acts and every provisions and branch registry was put up whenever else possible at the time.

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Thus, the Authority has grown through the years. It started as the Court of Land Registration, Later as General Land Registration Office, it become the Land Registration Commission, recognized as National land Titles and Deeds Registration Administration, and Presently as the Land Registration Authority.

 The Creation of a Court is established under Section 2, of this Act as the

so called “Court of Land Registration, “which shall have the exclusive jurisdiction of all applications for the registration under Act of title to Land or Buildings or an interest therein within the Philippine Islands, with power to hear and determine all question arising upon such applications, and also have jurisdiction over such other questions as may come before it under this Act, subject, however, to the right of appeal, as hereinafter provided.

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The act took effect on January 1, 1903 upon enacted on November 6, 1902.

C.6. PUBLIC ACT LAND

Commonwealth Act No 141: An Act to amend and compile the law related to Lands of Public Domain. Title I Title and Application of the Act, Lands to which it refers, and Classification, Delimitation, and Survey – Thereof for Concession. Chapter I short title of the Act, Lands to which it applies, and Officers Charged with its execution. Section 1. The short title of this Act shall be “The Public Land Act”. Section 2. The provision of this Act shall apply to the lands of the Public Domain; but timber and mineral lands shall be governed by special laws and nothing in this Acts provided shall be understood or construed to change or modify the administration and disposition of the lands commonly called “friar land” and those which, being privately owned, have reverted to or become shall be governed by the laws at present in force or which may hereafter be enacted.

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CLASSIFICATION, DELIMITATION, AND SURVEY OF LANDS OF THE PUBLIC DOMAIN FOR THE CONCESSION THEREOF. Section 6. The Governor General, upon the recommendation of the Secretary of Agriculture and Commerce, shall from time to time classify the lands of the public domain into: a) Alienable or disposable; b) Timber; c) Mineral lands Section 9. For the purpose of their administration and disposition, the lands of the public domain alienable or open to disposition shall be classified, according to the use or purpose to which such lands are destined, as follows: a. b. c. d.

Agricultural Residential Commercial industrial, or for similar productive purposes Educational, Charitable, or Similar purposes Reservations for town sites and for public and quasi-public uses.

Title II Agricultural Public Land Chapter III Forms of Concession of Agricultural Lands (Acts No. 2874). Section 11. Public Lands suitable for agricultural purposes can be dispose of only as follows, and not otherwise: 1) For homestead settlement 2) By Sale 3) By lease 4) By Confirmation of Imperfect or incomplete titles a) By Judicial Legalization b) By Administrative Legalization (Free Patent)

Transcript of History of Public Land Laws in the Philippines. Commonwealth Act 141 (1936) During the advent of the Commonwealth Government, Commonwealth Act No. 141, the Public Land Act of 1936 was enacted which up to now is still the governing law on our public lands. Act No. 926 (1903) Disposition under the first land of the Philippines was done by way of homestead, free patent, sale and lease of public lands, suitable for agriculture. The law also provided for the judicial confirmation of imperfect titles. Act No. 1120 (1904) The Friar Lands Act provided for the Administration and temporary leasing and sale of certain haciendas and parcels of land commonly known as friar lands. Act No. 2259 (1913) In order to expedite public land distribution, then Director of Land Chas H Sleeper, introduced cadastal surveying, a public land survey that covers an extensive area, usually an entire municipality, subdividing the same into parcels for purposes of public land distribution. Act No. 2874 (1919) The Second Public Land Act which amended Act No. 926 was enacted in order to hasten the disposition of public agricultural lands to Filipinos by introducing the system of land classification and increasing the homestead area from 16 Hectares to 24 Hectares.

Classification and Concession of Public lands suitable for commerce and industry. Section 55. Any tract of the land of the public domain which, being neither timber nor mineral land shall be classified as suitable for residential purposes or for commercial, industrial or other productive purposes or for commercial, industrial, or other productive purposes other than agricultural and shall be open to disposition or concession, shall be disposal or under the provision of this chapter, and not otherwise. Section 56. The Lands disposable under this title shall be classified as follows: a) Land reclaimed by the government by dredging, filing or other means. b) For Share c) Marshy lands or lands covered with water bordering upon the shore or banks of navigable lakes or rivers. d) Lands not included in any of the foregoing classes. The Actor this Act shall take effect on July 1, 1919.

FRIAR LAND ACT OF 1903 (ACT NO. 1120) WHAT ARE FRIAR LANDS? ▪ ▪ ▪

vast lands awarded by the Spanish Crown to various religious orders like the Dominicans, Augustinians, and the Jesuits for their use some lands were given by Catholic landowners, some were bought, and some possessed in various ways Ex. Hacienda de Mandaloyon (4,033 hectares)

BACKGROUND ▪ ▪

Friar lands became a problem for the American administration became part of the government administered lands

TITLE “AN ACT PROVIDING FOR THE ADMINISTRATION AND TEMPORARY LEASING AND SALE OF CERTAIN HACIENDAS AND PARCELS OF LAND, COMMONLY KNOWN AS FRIAR LANDS, FOR THE PURCHASE OF WHICH THE GOVERNMENT OF THE PHILIPPINE ISLANDS HAS RECENTLY CONTRACTED…” WHAT IS IT ABOUT? ▪ ▪ ▪

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December 1903 the Government of the Philippine Islands purchased 164,127 hectares of friar lands The government has 6 months from the date of contracts of purchase to examine the lands and fix the price The government in a different act is empowered to lease the lands acquired not exceeding 3 years and to sell them on such terms and conditions as it may prescribe, subject to the limitations and conditions contained in said Act of Congress. Actual settlers and occupants at the time said lands are acquired by the government shall have the preference over all others to lease, purchase, or acquire their landholdings within such reasonable time as may be determined by said government. These lands are not to be public lands but private and patrimonial lands of the government

MAIN PURPOSE ▪

The Bureau of Lands or the Land Bureau Management was mandated to administer the distribution of friar lands ▪ It is the first land reform program in the country as vast tract of the most productive agricultural lands were purchased by the Insular Government from religious orders and agricultural corporations and sold to actual occupants and settlers.

PROCEDURE OF SALE ▪ ▪ ▪

The Land Management Bureau shall first issue a certificate stating therein that the government has agreed to sell the land to such settler or occupant. The latter shall then accept the certificate and agree to pay the purchase price so fixed, in installments and at the rate of interest specified in the certificate. The conveyance or certificate of sale executed in favor of a buyer is a conveyance of ownership of the property, subject only to the resolutory condition that the sale may be cancelled if the price agreed upon is not paid in full.

RICE SHARE TENANCY ACT OF 1933 (ACT NO. 4054) ▪

It was passed by the Philippine Legislature during the administration of governor-General Theodore Roosevelt, Jr. and implemented by President Manuel L. Quezon. ▪ Roosevelt and many legislators were aware of the increasing inequality of the tenants’ and landlords’ bargaining power, a social force that could be balanced by legislation – a belief not often verified by Philippine experience.

TITLE “AN ACT TO PROMOTE THE WELL-BEING OF TENANTS (APARCEROS) IN AGRICULTURAL LANDS DEVOTED TO THE PRODUCTION OF RICE AND TO REGULATE THE RELATIONS BETWEEN THEM AND THE LANDLORDS OF SAID LANDS, AND FOR OTHER PURPOSES.” WHAT ARE SHARE TENANCY CONTRACTS? ▪

A contract of share of tenancy is one whereby a partnership between a landlord and a tenant is entered into, for a joint pursuit of rice agricultural work with common interest in which both parties divide between them the resulting profits as well as the losses.

WHO ARE THE LANDLORDS? ▪

The word "landlord" shall mean and includes either a natural or juridical person who is the real owner of the land which is the subject-matter of the contract, as well as a lessee, a usufructuary or any other legitimate possessor of agricultural land cultivated by another.

WHO ARE THE TENANTS? ▪

The word "tenant" shall mean a farmer or farm laborer who undertakes to work and cultivate land for another or a person who furnishes the labor.

MAIN PURPOSE ▪ ▪

to regulate the share-tenancy contracts by establishing minimum standards to regulate relationships between landowners and tenants of rice

DURATION OF CONTRACT ▪

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Any contract on rice tenancy entered into between landlord and tenant or farm laborer according to this Act shall last in accordance with the stipulation of the parties: Provided, however, That in the absence of stipulation, same shall be understood to last only during one agricultural year: Provided, further, That unless the contract is renewed in writing and registered as provided in section four hereof within thirty days after the expiration of the original period, the same shall be presumed to be extinguished. For the purposes of this section, one agricultural year shall mean the length of time necessary for the preparation of the land, sowing, planting and harvesting a crop, although it may be shorter or longer than a calendar year.

SHARE BASIS ▪

In the absence of any written agreement to the contrary and when the necessary implements and the work animals are furnished by the tenant; and the expenses for planting, harvesting, threshing, irrigation and fertilizer, if any, as well as other expenses incident to the proper cultivation of the land, are born equally by both the landlord and tenant, the crop shall be divided equally.

RIGHTS AND OBLIGATIONS OF THE LANDLORD ▪ ▪

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Landlord as manager. — For the purpose of this Act, the management of the farm rests with the landlord, to be exercised either directly or indirectly, through a representative. Special lien on share of tenant. — The landlord shall have a special and preferential lien over the share of the tenant in the product of the farm cultivated by him: Provided, however, That such lien over the product of the farm shall be enforceable only to as much as eighty-five per centum of the total share of the tenant in case the latter has an outstanding debt after the accounting is made. Land taxes, burden and contribution. — The landlord shall be responsible for the payment of taxes imposed by the Government upon the land which is the subject matter of the contract and it shall be illegal to make the tenant bear a part of such tax, burden and contribution, either directly or indirectly.

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Landlord cannot dismiss his tenant at any time except for good causes.— The landlord shall not dismiss his tenant without just and reasonable cause, otherwise the former shall be liable to the latter for losses and damages to the extent of his share in the product of the farm entrusted to the dismissed tenant. Any one of the following shall be considered just and reasonable cause for dismissing a tenant by the landlord before the expiration of the period: 1. Gross misconduct or willful disobedience on the part of the tenant to the orders of the landlord or of his representative in connection with his work. 2. Negligence on the part of the tenant to do the necessary farm work expected of him so as to insure a good harvest. 3. Non-compliance with any of the obligations imposed upon the tenant by this Act or by the contract. 4. Fraud or breach of trust in connection with work entrusted to him. 5. When the tenant leases it or lets to another the use of the land entrusted to him by the landlord, without the consent of the latter. 6. Commission of a crime against the person of the landlord or his representative, or any member of the family of the same.

RIGHTS AND OBLIGATIONS OF A TENANT ▪

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Freedom of tenant at certain time. — The tenant shall be free to work elsewhere during the intervals of the working season in the farm where he is a tenant: Provided, That if he is requested by the landlord to perform other work not connected with his duties as tenant, he shall be paid accordingly by said landlord, unless otherwise stipulated in the contract. Right of tenant in case of dismissal. — In case of dismissal the tenant shall not be dispossessed of the land he cultivates until he is previously reimbursed of his advances if any, incurred in the cultivation, planting or harvesting, and such other incidental expenses for the improvement of the crop cultivated, even if such dismissal is for just cause. Lot for dwelling. — The tenant shall be entitled to construct a dwelling on the land cultivated by him, if he so chooses, and once a dwelling is constructed, he shall also be entitled to a fixed residential lot if there is any available, not exceeding ten per centum of the total area cultivated by him, but in no case shall it exceed five hundred square meters, wherein he can have a garden, poultry and such other minor industries necessary for his livelihood: Provided, however, That the tenant shall be given forty-five days within which to remove his house from the land of the landlord in case of cancellation of the contract of tenancy for any reason: Provided, however, That in case he fails to devote the lot allotted him for the purposes herein mentioned for a period of six months, it shall revert again to the cultivation of rice. Standard of conduct to be observed by tenant. — The tenant shall be under obligation to cultivate the farm as a good father of the family, by doing all the work necessary to obtain the greatest possible returns from the farm entrusted to him, such as the proper preparation of the soil, the cutting of shrubs and grasses that may be growing on the land as well as the repair of dikes. The tenant shall also be obliged to take reasonable care of the work animals that may be delivered to him by the landlord, otherwise, he shall be liable for their death or physical incapacity by reason of his negligence.

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The tenant shall likewise be liable for any damage caused by his animal for letting it loose, in case it feeds upon or destroys the crop of another. Trespass by third person. — The tenant shall inform the landlord at once of any trespass committed by a third person upon the farm entrusted to him, otherwise it may be considered as negligence on his part. Tenant cannot leave landlord at any time except for good cause. — The tenant cannot leave his landlord without just and reasonable cause, otherwise the former shall be liable to the latter for losses and damages to the extent of eighty-five per cent of his share in the product of the farm cultivated by him.

Any one of the following shall be considered just and reasonable cause on the part of the tenant for leaving the service before the expiration of the period: 1. Cruel and inhumane treatment on the part of the landlord or his representative toward the tenant or his family. 2. Non-compliance on the part of the landlord with any of the obligations imposed upon him by the provisions of this Act or by the contract. 3. Compelling the tenant to do any work against his will, which is not in any way connected with his farm work nor stipulated in the contract. 4. Commission of a crime by the landlord against the person of the tenant, or any member of the family of the latter.

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When the sugar cane produced on a piece of land is milled in a sugar central, it shall be the duty of the owner of said land to inform the tenant, on the basis of the receipts issued by the central which must, on demand, be exhibited to the tenant, of the number of tons of cane harvested on the land cultivated by the tenant and of the number of piculs of sugar accruing to said cane, and of the share of said cane of the additional sugar distributed by the central after each milling season and of the molasses which the tenant is entitled to receive.

Acts no. 4113 December 07, 1933

When the cane is not milled at the central but in the private mill of the landowner, the latter, in the absence of any agreement to the contrary, shall stipulate with his tenant regarding the necessary expenses of milling, cutting and hauling the cane from field to mill, and of purchasing all necessary ingredients for boiling the sugar, and all material to be used for the proper packing of the product.

Reported by: RAFAEL ANDREW R. VILLANUEVA

When there is no written agreement concerning the value of the share of the tenant, the landowner shall not sell said share without the knowledge and written consent of the tenant or his representative. When the tenant does not consent to the sale of the product representing his share of the crop, the landowner in whose keeping said product shall remain, shall have the right to sell the same after the lapse of thirty days after the termination of the milling at the current market price and shall use the proceeds of such sale to pay all indebtedness and other obligations of the tenant to the landowner and the storage and preservation of the product sold, delivering the balance, if there be any, to the tenant.

The settlement of accounts between landowner and tenant and the distribution of the crop shall be made immediately after each milling season, and as regards cane not milled in sugar centrals, each of the parties shall be obliged to haul his share to the place where it desires the same to be taken, unless previously agreed otherwise in writing between the parties.

When the landowner has for any reason pledged the crop harvested on the land to any commercial bank or other body or person, and such crop is distrained by said creditor and the share of the tenant is included, the tenant shall be entitled to claim payment by the landowner of the amount of his share at the current price of the product in the local market, out of all his real or personal property or any interest or account he may have in or against any concern or person.

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After having paid the expenses of planting, cultivating, and harvesting the crop, the landowner shall advise the tenant in writing of said expenses.

Any violation of the provisions of this Act shall be punished by a fine of not less than twenty-five pesos nor more than two hundred pesos, or by imprisonment for not less than ten days nor more than sixty days, or both, in the discretion of the court.

Republic Act No. 34 September 30, 1946 Source: https://www.lawphil.net/statutes/repacts/ra1946/ra_34_1946.html

 Share Tenancy Contracts - a contract of share of tenancy is one

whereby a partnership between a landlord and a tenant is entered into, for a joint pursuit of rice agricultural work with common interest in which both parties divide between them the resulting profits as well as the losses

 shall be uniform and shall be prepared and furnished by the

Department of Justice

 shall be drawn in triplicate in the language or dialect known to all the 

 Landlord - shall mean and include either a natural or juridical

person who is the real owner of the land which is the subjectmatter of the contract, as well as a lessee, a usufructuary or any other legitimate possessor of agricultural land cultivated by another.

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 Tenant - shall mean a farmer or farm laborer who undertakes to

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work and cultivates land for another or a person who furnishes the labor with the consent of the landlord.

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parties thereto to be signed to thumb-marked both by the landlord or his authorized representative and by the tenant, before two witnesses, one to be chosen by each party shall be filed with, and registered in, the office of the municipal treasurer of the municipality, where the land, which is the subjectmatter of the contract, is located each of the contracting parties shall retain a copy of the contract both the copy of the landlord and that of the tenant shall contain an annotation made by the municipal treasurer to the effect that same is registered in his office

The landlord and tenant shall be free to enter into any or all kinds of tenancy contract as long as they are not contrary to existing laws, morals and public policy. The following stipulations are hereby declared to be against public policy:  If the tenant shall receive less than fifty-five per cent of the net produce, in case he furnishes the work animals and the farm implements, and the expenses of planting and cultivation are borne equally by said tenant and the landlord.  If the rental stipulated to be paid by the tenant to the landlord is higher than twenty-five per cent of the estimated normal harvest, in case of a contract providing for a fixed rental of the land.  If the landlord is the owner of the work animal, and the tenant of the farm implements, and the expenses are equally divided between the landlord and the tenant, for the tenant to receive less than fifty per centum of the net crop.

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 In the absence of any written agreement to the contrary and when the

tenant furnishes the necessary implements and the work animals and defrays all the expenses for planting and cultivation of the land, the crop shall be divided as follows: the tenant shall receive seventy per cent of the net produce of the land and the landlord thirty per cent, for first-class land, the normal production of which, based on the average yield for the three preceding years, is more than forty cavans of palay per one cavan of seeds; seventy-five per cent for the tenant and twenty-five per cent for the landlord, in case of land the average normal production of which is not more than forty cavans of palay per one cavan of seeds. In case the landlord furnishes the necessary work animals and farm implements and, likewise, bears all the expenses of planting and cultivation, the landlord shall receive seventy per cent and the tenant thirty per cent of the crop; but if the landlord furnishes the necessary work animals and farm implements and bears equally with the tenant the expenses of planting and cultivation, the crop shall be divided equally between the parties.

 The tenant shall be entitled to construct a dwelling on the land

cultivated by him, if he so chooses, and once a dwelling is constructed, he shall be entitled to a fixed residential lot of not less than six hundred square meters, but not exceeding one thousand square meters in area, depending upon the availability of suitable land and the area cultivated by the tenant belonging to the landowner, the same to be devoted to the purposes of a garden, poultry and such other minor industries as may be necessary for his livelihood, the products of which shall accrue to the tenants exclusively: Provided, That the tenant shall be given forty-five days within which to remove his house from the land of the landlord in the event of the cancellation of the contract of tenancy for any reason: Provided, further, That in case he fails to devote the lot allotted to him for the purposes herein mentioned for a period of six months, it shall revert the cultivation of palay.

 Expenses for harvesting and threshing shall be deducted from the

gross produce. Expenses for the maintenance of irrigation systems within the respective areas shall be for the account of the tenant, but amortizations for the cost of construction of the system itself shall be for the account of the landlord. The expenses for construction and maintenance of privately owned irrigation systems shall be agreed upon between the landlord and tenant, but in case of disagreement, all expenses for the construction of the system shall be for the account of the landlord, provided that the costs of constructing the distribution canals shall be for the account of the tenant.

 The division shall be made in the same place where the crop has

been threshed and each party shall transport his share to his warehouse, unless the contrary is stipulated by the parties.

 In the absence of any written agreement to the contrary, in case the

land is planted to a second crop of rice or other auxiliary crops, the tenant shall receive eighty per cent and the landlord twenty per cent of the net produced, provided all expenses of production are borne by the tenant.

 Auxiliary industry shall not, however, be construed to include the

crops or products raised from a garden, poultry, and such other industries carried on a lot specially provided for the residence of the tenant.

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An act to further implement the free distribution of agricultural lands of the public domain as provided for in Commonwealth Act No. 691, as amended to abolish the land settlement and development corporation created under Executive Order No. 335 (October 23, 1950), and to create in its place the National Resettlement and Rehabilitation Administration, and for other purposes

C.11. Republic Act No. 1160 June 18, 1954

Declaration of Congress Policy

REPORTED BY: MA PRINCESS DORIA

National Resettlement and Rehabilitation Administration (NARRA)

Special Powers ●

General Powers

To help speed up the free distribution of agricultural lands of the public domain To encourage migration to sparsely populated regions

President of the Philippines

● ●

Office of Economic Coordinator Bureau of Lands

General Manager

● ●

To adopt, alter and use an official seal To make contracts, to lease or own real and personal property and to sell or otherwise dispose of the same To sue and be sued To make such regulations as are necessary to execute the functions vested in it

● ● ● ● ● ● ●

Assistant General Manager

●

To give land to landless citizens of the Philippines To facilitate the settlement, acquisition and cultivation of agricultural lands To acquire by purchase such lands To reclaim swamps and marshes, obtain title and to support them into agricultural lands for settlement To promote community life To borrow money from any credit institution To survey, subdivide and set aside lots or areas and to dispose of such lands to qualified persons To secure assistance and facilities from the government for development, cultivation and electrification of settlements To attain the policy enunciated in the Act

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Additional Functions and Duties ● ● ● ● ● ● ●

To select and screen applicants for allocation within the areas set aside for purposes of settlement in the public domain To assist settlers in transporting themselves, their belongings, work animals and farm equipment and for subsistence necessary until credit can be provided To assist the settlers in securing equipment, supplies and materials needed in the settlement areas and to assist the cooperative associations of the new settlers To help provide housing and other accommodations, to help organize community activities and to cooperate with the agricultural extension service To submit its annual report and balance sheets to the President and Congress To appoint and fix the number and salaries to subordinate personnel necessary for the discharge of its duties and functions To perform related duties assigned by the President

● ●

Purposes

● ● ●

To establish agricultural tenancy relations between landholders and tenants To afford adequate protection to the rights of both tenants and landholders To ensure an equitable division of the produce and income derived from the land To provide tenant-farmers with incentives to greater and more efficient agricultural production To bolster their economic position and to encourage their participation in the development of rural communities

C.12. Republic Act No. 1199 “Agricultural Tenancy Act of the Philippines”

An act to govern the relations between landholders and tenants of agricultural lands (leaseholds and share tenancy)

August 30, 1954

Agricultural Tenancy is the physical possession by a person of land devoted to agriculture belonging to or legally possessed by another

Share Tenancy when two persons agree on a joint undertaking for agricultural production wherein one party furnishes the land and other his labor

Leasehold Tenancy when a person who either personally or with the aid of labor undertakes to cultivate a piece of agricultural land susceptible of cultivation by a single person

Tenancy Relationship juridical tie which arises between a landholder and a tenant once they agree to undertake jointly the cultivation of land belonging to the former

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Rights of the Tenant ● ● ● ●

Shall be free to work elsewhere Shall have the right to provide any of the contributions for production His dwelling shall not be removed from the lot assigned to him without his consent unless there is a severance of tenancy relationship or unless he is ejected for cause Shall have the right to be indemnified for his labor and expenses in the cultivation, planting or harvesting and other incidental expenses for the improvement of the crop raised

Obligations of the Tenant ● ● ●

Shall cultivate and take care of the farm, the growing crop and other improvements entrusted to him Shall inform the landholder of any trespass committed by a third person Shall take reasonable care of the work animals and farm implements and shall not use them for purposes other than those intended or be allowed to use by other persons without the landholder’s consent

Prohibitions to the Tenant ● ● ●

Shall be unlawful to contract to work at the same time on two or more separate holdings belonging to different landholders under any system of tenancy without the landholder’s knowledge and consent Shall be unlawful for a share tenant to employ a sub tenant to furnish labor or any phase of the work required for him Land shall not be sub-let nor shall the lease be assigned by the tenant to another person, except with the written consent of the lessor

Rights of the Landholder ● ● ● ●

Shall have the right to choose the kind of crop and the seed with the tenant shall plant in his holdings Shall have the right to require the use of fertilizers Shall have the right to inspect and observe the terms and conditions of their contract and provisions of the Act Shall have the right to deal with millers or processors in representation of the tenant

Prohibitions to the Landholder

Obligations of the Landholder ● ●

Shall furnish the tenant an area not less than 1,000 sq. m. Shall keep the tenant in the peaceful possession and cultivation of his landholdings

● ● ●

Shall not dispossess the tenant of his holdings Shall be responsible for the payment of taxes levied by the Government upon the land Shall not require the tenant to bear any part of the rent, canon or other consideration which he may be under obligation to pay to a third person for the use of the land

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C. 13.

The Agricultural Land Reform Code (RA 3844)

Reported by: OLIVER WILLIAM YU

The Agricultural Land Reform Code (RA 3844)

The Agricultural Land Reform Code (RA 3844)

• The Agricultural Land Reform Code (RA 3844) was a major advancement of land reform in the Philippines and was enacted in 1963 under President Diosdado Macapagal. • It abolished tenancy and established a leasehold system in which farmers paid fixed rentals to landlords, rather than a percentage of harvest.

• In agricultural leasehold, the farmer cultivates the land belonging to, or possessed by, another with the latter's consent for a price certain in money or in produce or both. It also established the Land Bank of the Philippines to help with land reform, particularly the purchase of agricultural estates for division and resale to small landholders, and the purchase of land by the agricultural lessee.

The Agricultural Land Reform Code (RA 3844)

The main provisions of the Agricultural Land Reform Code:

• While the law was a significant advance over previous legislation, though the bill was weakened by numerous amendments imposed by Congress, which was dominated by landlords. It was also weakened by the failure of Congress to allocate necessary funds for effective implementation of the law. The act has been further amended several times subsequent to becoming law by later legislation.

• To establish and encourage the formation of familysized farms as the basis for Philippine agriculture • To improve the lives of farmers by liberating them from harmful practices such as illegal interest rates • To encourage greater productivity and increase income of small farmers • To apply labor laws equally regardless of status • To provide a land settlement program and promote equitable distribution of land • To make poor farmers self-reliant, responsible citizens to strengthen society

C. 14. PRESIDENTIAL DECREE No. 2 September 26, 1972

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PRESIDENTIAL DECREE No. 2 September 26, 1972 • PROCLAIMED THE ENTIRE COUNTRY AS A LAND REFORM AREA • Proclaimed by president Marcos for there was pressing need to accelerate the Agrarian Reform Program of the Government for the early attainment of the objectives set forth in Republic Act No. 3844, as amended;

PRESIDENTIAL DECREE No. 2 September 26, 1972 • some of the objectives is to achieve dignified existence for the small farmers free from the pernicious institutional restraints and practices which have not only retarded the agricultural development of the country but have also produced widespread discontent and unrest among our farmers, one of the causes of the existing national emergency.

Implementation • All agencies and offices of the Government are enjoined to extend full cooperation and assistance to the Department of Agrarian Reform to insure the successful prosecution of the Agrarian Reform Program. • The Agrarian Reform Coordinating Council created under Executive Order No. 347, series of 1971, is hereby directed to convene immediately to exercise its functions. • The Secretary of Agrarian Reform shall take the necessary steps for the prompt and effective implementation of this decree.

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DECREEING THE EMANCIPATION OF TENANTS FROM THE BONDAGE OF THE SOIL, TRANSFERRING TO THEM THE OWNERSHIP OF THE LAND THEY TILL AND PROVIDING THE INSTRUMENTS AND MECHANISM THEREFOR

This shall apply to tenant farmers of private agricultural lands primarily devoted to rice and corn under a system of sharecrop or leasetenancy, whether classified as landed estate or not;

The tenant farmer, whether in land classified as landed estate or not, shall be deemed owner of a portion constituting a family-size farm of five (5) hectares if not irrigated and three (3) hectares if irrigated; In all cases, the landowner may retain an area of not more than seven (7) hectares if such landowner is cultivating such area or will now cultivate it;

REPORTED BY: JESSA MAY TAGAPAN MACABALLUG

For the purpose of determining the cost of the land to be transferred to the tenant-farmer pursuant to this Decree, 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;

Example: The tenant farmer harvested rice worth 1,000,000.00, 850,000.00 and 1,150,000.00 from year 1969, 1970 and 1971, respectively.

To get the cost of the land to be transferred to the tenant-farmer pursuant to this Decree: Year

Amount 1969

1,000,000.00

1970

850,000.00

1971

1,150,000.00

Total worth of rice harvested for 3 consecutive years Divide by 3 years Average annual harvest Times 2 & 1/2 Total cost of the land

3,000,000.00 3.00 1,000,000.00 2.50 2,500,000.00

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Monthly Amortization Table:

The total cost of the land, including interest at the rate of six (6) per centum per annum, shall be paid by the tenant in fifteen (15) years of fifteen (15) equal annual amortizations;

To compute for equal annual amortization: Formula: A



r   P n   1  (1  r ) 

Computation:

0.06   A  2,500,000  15  1(1.06) 

A=Annual Amortization A=257,406.91 P=Total cost of the land or present value of the obligation r=Interest rate n=total number of payments or periods

Payment year

The government shall guaranty such amortizations with shares of stock in government-owned and government-controlled corporations; No title to the land owned by the tenant-farmers under this Decree shall be actually issued to a tenantfarmer unless and until the tenant-farmer has become a full-pledged member of a duly recognized farmer's cooperative;

Title to land acquired pursuant to this Decree or the Land Reform Program of the Government shall not be transferable except by hereditary succession or to the Government in accordance with the provisions of this Decree, the Code of Agrarian Reforms and other existing laws and regulations;

Interest (Bal x 6%)

Principal Payment (MA-I)

Balance 2,500,000.00

1st

257,406.91

150,000.00

107,406.91

2,392,593.09

2nd

257,406.91

143,555.59

113,851.32

2,278,741.77

3rd

257,406.91

136,724.51

120,682.40

2,158,059.36

4th

257,406.91

129,483.56

127,923.35

2,030,136.01

5th

257,406.91

121,808.16

135,598.75

1,894,537.26

6th

257,406.91

113,672.24

143,734.67

1,750,802.59

7th

257,406.91

105,048.16

152,358.75

1,598,443.83

8th

257,406.91

95,906.63

161,500.28

1,436,943.56

9th

257,406.91

86,216.61

171,190.30

1,265,753.26

10th

257,406.91

75,945.20

181,461.71

1,084,291.54

11th

257,406.91

65,057.49

192,349.42

891,942.13

12th

257,406.91

53,516.53

203,890.38

688,051.74

13th

257,406.91

41,283.10

216,123.81

471,927.94

14th

257,406.91

28,315.68

229,091.23

242,836.71

15th

257,406.91

14,570.20

242,836.71

0.00

3,861,103.65

1,361,103.65

2,500,000.00

TOTAL

In case of default, the amortization due shall be paid by the farmers' cooperative in which the defaulting tenant-farmer is a member, with the cooperative having a right of recourse against him;

Monthly Amortization

The Department of Agrarian Reform through its Secretary is hereby empowered to promulgate rules and regulations for the implementation of this Decree.

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D. “Police Power as Doctrinal Basis of Agrarian Reform Associacion De Agricultures De Talisay-Silay,Inc., vs. Talisay-Silay Milling Co., Inc. and Luzon Surety Co., Inc. G.R. No. L-19937, February 19, 1979

Parties 

Background:

Plaintiffs de Agricultores de Talisay-Silay Inc. and six (6) other planters with the Secretary of Labor, representing the laborers



As a result of the enactment of R.A. 809, providing for the share of the PLANTERS and the MILLERS in the absence of any written milling contract, the PLANTERS claim that they are covered by the said act, thus, are claiming against the CENTRAL the increase on their share in the previous and succeeding crop years.



The CENTRAL on the other hand contends that the said Act is not applicable for being unconstitutional arguing that the said act contains more than one subject, and violates equal protection

 Asociacion

 Referred



to as “PLANTERS”

Defendant  Talisay-Silay  Referred

Milling Co., Inc., Luzon Surety Co. and PNB

to as “CENTRAL”

REPORTED BY: GERALD ARCHIS AGUSTIN

Facts 

The case stemmed from the enactment of R.A 809



The said law provided for the share of the planters and millers of sugarcane produced by any sugar central in the absence of any written milling agreements



This effectively gave rise to an increase of share of the PLANTERS belonging to Talisay-Silay Mill District including those produced in the previous crop years



Thus, the PLANTERS are claiming for their unclaimed share from the MILLERS

PLANTERS’ Claim 



Considering that majority of the PLANTERS in Talisay-Silay Milling District had no written milling contracts, R.A. 809 should be declared applicable to the said PLANTERS and the MILLERS of the said Milling District The PLANTERS alleged that the CENTRAL executed contracts with eight planters with higher percentage of partition whenever they reached certain number of produced, thus, in the event that R.A. 809 is declared not applicable to Talisay-Silay Mill District, the rate given to the eight planters shall be declared as applicable to the rest of the Planters (63% or 64%)

CENTRAL’S Defense 

R.A. 809 is unconstitutional and invalid on the following grounds:  The  R.A.

Act embraces more than one subject

809 is in clear violation of the constitutional prohibition against class legislation and denial of the equal protection of the laws

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CENTRAL’S Arguments 

The Act embraces more than one subject 



In addition to providing for the division of the sugar manufactured, the act amends the minimum wage law by providing that 6% of the proceeds of the increased participation in the sugar and all byproducts

The Act is in violation of equal protection clause provided for by the Constitution 

A

long line of discussion during the deliberation of the Senate after the law having been vetoed by the President, reveals that the provision on the minimum wage was just to make sure that the laborers will still received the minimum wage whatever will be the amount of their produce

The Court’s Decision

 Thus,

it does not cover more than one subject, but it only reiterates and made sure that the laborers received the minimum wage provided for by the law

Since “Police Power is a law of necessity” which can only be exercised only when necessary to protect the interest of the people in general, but not just to favour, and increase the profits of a particular group or groups of sugarcane planters

In Re: The Act is in violation of equal protection clause provided for by the Constitution 

In Re: The Act embraces more than one subject:

R.A. 809 was conceived and enacted as a social legislation designed primarily to ameliorate the condition of the laborers in the sugar plantation 

The primary purpose of the law is to insure that the sugar plantation workers are paid just wages



Congressional Record reveals that the law in question is in fact enacted to improve the living conditions of the laborers on the farms



The lower court noted, R.A. 809 seeks to reduce the inequality in the benefits being received by the Central and the laborers. The almost yearly recurrence of strikes in the farms by the laborers has for its root cause discontent generated by the tile inadequate earnings of the laborers

Police Power 

The Court recognized the propriety of exercising police power when it is needed to do so in order that the sugar industry may be stabilized



The CENTRAL is correct that police power cannot be resorted to just any time the legislature wishers, but it is not correct to say that it is indispensable that exceptional circumstances must exist before police power can be exercised



As aptly pointed out by the Court’s amicus curiae, “gone are the dats when courts could be found adhering to the doctrine that interference with contracts can only be justified by exceptional circumstances, for the test of validity today under due process clause, is REASONABLENESS…”

Police Power+ Social Justice 

The Court recognizes that under the 1935 Constitution, particularly Sec. 5 of Art. II, made it one of the declared principles to which the people committed themselves that “the promotion of social justice to insure the well being and economic security of all the people should be the concern of the State



And under Sec. 6 of Art.XIX, “the State shall afford protection to labor… and shall regulate the relation between labor and capital in industry and in agriculture”



Thus, in regard to the exertion of police power, the criterion for determining whether or not social justice has been over extended is nothing more than the economic viability or feasibility of the proposed law, and certainly not the existence of exceptional circumstances.



As long as capital industry or agriculture will not be fatally prejudiced, any legislation to improve labor conditions would be valid