AGRARIAN REFORM AND OTHER SOCIAL LEGISLATION Initial Determination of Just Compensation

Atty. Glenn Capanas o **No choice**

Register
Meaning of Social Legislation Publication
Laws that seek to promote the common good, generally by o RTC - just compensation and criminal prosecution
protecting and assisting the weaker members of society. o Outside of that jurisdiction of DAR
Common good = social justice Section 5. SUPPORT SERVICES
In the case of agrarian reform 2 principal parties: o 1973 talks about emancipation of tenant from
o Landowner bondage of the soil
o Farmers (1935 constitution tenants -> individuals) RA 3844 abolished shared tenancy
Weaker members in terms of ownership of There was this relationship
the land (i.e. enjoyment) since they do not institutionalized by the
own those parcels of land. government LEASEHOLD
SSS, ECL, GSIS But no support services.
o Employer o Why are the farmers given the right to own?
o Employee Uplift standards of living.
Weaker member (context of opportunities, There should be support capital,
advantages, capital, profit, power) mechanism,
Construction o Coverage of Support Services:
Construed in favor of the promotion of social justice Irrigation system
Social Justice Calalang vs. Williams Case Road Construction
Facilities
The Constitutional Provisions of Agrarian Reform (Article XIII) Section 6. RESPECT FOR, AMONG OTHER THINGS, HOMESTEAD
Sec 4 the state shall by law undertake an agrarian reform RIGHTS (another imitation of CARL)
program (RA 6657 - CARL) founded on the right of farmers and o If a person is a holder of a homestead title cannot be
regular farmworkers whoa re landless to own the lands they till covered by CARL
and receive a just fruits theyre entitled thereof. Section 7. SUBSISTENCE FISHERMEN *not relevant to agra*
o Constitution itself recognizes that there is inequality Section 8. Incentive to landowners
between the principal parties
o Agrarian Farmers have the RIGHT TO OWN THE LAND June 30, 2014
THEY TILL RA 3844
o 3 kinds: Extinguishment of relation (Sec. 8)
Farmers (usually have higher priority) & 1. Abandonment of the landholding without the knowledge of the
Regular farmworkers both have right to agri lessor
own but no more distinction. 2. Voluntary surrender of the landholding by the agricultural lessee,
Other farm farmworkers just fruits of the written notice of which shall be served three months in advance
land. **in the law, have right to own (lack of notice would not be strictly construed against the lessee;
already. different case if the heirs of the lessee are involved);
o The law itself as implemented and worded, even if the 3. Absence of the persons under section 9 to succeed to the lessee,
farmers do not till the land, the land can be awarded to in the even of death or permanent incapacity of the lessee.
them without a pre-requisite of tilling the land.
o How is right to own the land enforced? Through SALE Legal Redemption (Sec 12) - Lessees right of redemption.
--- Po. V. Dampal
Voluntary (offer)
No hassles, landowner will Grounds to dispossess a lessee (Sec 36.)
execute Deed of Absolute Sale in **Civil law lessee, agricultural lessee, agrarian reform lessee not so
favor of the government accurate
Govt will now choose qualified Failure to substantially comply with terms and conditions unless
ARB (Agrarian Reform by fortuitous events.
Benefaciary) via DAR Planting of crops or use land for other purpose than that agreed
(Department of Agrarian Failure to adopt proven farm practices to conserve land
Reform) Fault or negligence resulting in substantial damage
o ARB will pay the govt Does not pay rental when due-
annual ammortization o SC: willfull and deliberate AND must have lasted at
with reasonable least 2 years (PD 816)
interest Employed a sublessee
Involuntary (government constrained to
forced sale or expropriation) Check case: Sta. Ana v. Carpo; Natividad vs. Mariano
o Sec 4 provides for 2 major limitations:
Retention Limit shall be prescribed by Notes: GCC
Congress (at 5 hectares) PD 816 is a decree related to PD 27 (Agra Reform Law Marcos;
JUST COMPENSATION rice and corn only)
o PROCESS: PD 816 October 1975
Notice of Coverage
 Ra 3844 is silent on the period of refusal to pay. When will PD
816 apply? It will apply if the ground to dispossess is non payment
of rentals and if agri land is devoted to rice and corn.
In natividad, there is no fact established in case whether the
subject property is rice and corn (although it can be presumed
because of the words crop year and considering that the party
has been issued a CLT certificate of land transfer)
Probably, since the petition is via Rule 45 (pure question if law)
Neither rice or corn do not apply PD 816; no minimum period od
nonpayment under 3844

Extinguishment of relation vs. dispossession

Extinguishment no court (Agra court) approval, voluntary act of
lessee to surrender of abandon or act of God *2 isntance where
regular courts have jurisdiction just compensation and crim
cases
Dispossession with court order; premised on offense by lessee.

Can relation be terminated by death (sec 9 )

No, continue between lessor and members of lesses immediate
farm household ot be chosen by leessor whithi 1 minth from
death.
LEASE RENTAL
Not bemore than 25% of the average normal harvest during the 3
agri years preseding the date of leasehold after deducting
amount used for sees and costs of harvesting, threshing, loading,

PD 27 TENANTS EMANCIPATION DECREE

BENEFICIARIES: