AGRA PRACTICE QUESTIONS

1. What is agrarian reform? How is it different from land reform?

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 include the 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 profit-sharing, labor administration, and the
distribution of shares of stocks, which will allow beneficiaries to receive a
just share of the fruits of the lands they work.

b. Land reform is limited to the distribution of land, Agrarian Reform includes

support services. Agrarian reform is therefore a wider concept:

Agrarian Reform = (Land Tenure Improvement + Support Services Delivery) x

Social Infrastructure Building and Strengthening

2. What is social justice?

a. Social justice is "neither communism, nor despotism, nor atomism, nor

anarchy," but the humanization of laws and the equalization of social and
economic forces by the State so that justice in its rational and objectively
secular conception may at least be approximated. (Calalang v Williams)

3. What is the concept of the regalian doctrine?

a. Under Article XII Sec 2 of the Philippine Constitution, all lands of the public
domain and other natural resources are owned by the State

4. What are lands owned by the state according to the constitution?

a. Lands of the public domain are classified into agricultural, forest or timber,
mineral lands, and national parks.

b. Agricultural lands of the public domain may be further classified by law

according to the uses which they may be devoted.

c. Alienable lands of the public domain shall be limited to agricultural lands.

d. Private corporations or associations may not hold such alienable lands of

the public domain except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and not to exceed
one thousand hectares in area. Citizens of the Philippines may lease not
more than five hundred hectares, or acquire not more than twelve hectares
thereof by purchase, homestead, or grant.

5. What are the classifications of public lands as to its legal nature?

 a. Agricultural - alienable and disposable. According to the constitution, this
may be further classified according to its use

i. According to Sec 9 Commonwealth Act 141 (Public Land Act) 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 purposes to which such lands are destined,
as follows:

(a) Agricultural

(b) Residential commercial industrial or for similar productive

purposes

(c) Educational, charitable, or other similar purposes

(d) Reservations for town sites and for public and quasi-public
uses.

b. Forest or Timber lands

c. Mineral Lands

d. National Parks

6. Who may own alienable and disposable lands of the public domain?

a. Private persons - Only Filipinos may own, not to exceed 12 hectares. He

may also lease until 500 hectares. Foreigners may not own

b. Corporation – Cannot own public lands but may lease: (1) no more than
1000 hectares, (2) lease not to exceed 25 years but may be renewed for 25
more years

7. What is agricultural tenancy? What is the difference between share tenancy and
leasehold tenancy? (RA 1199: An Act to Govern the Relations between the
Landholders and Tenants of Agricultural Lands (Leasehold and Share Tenancy))

a. Agricultural Tenancy Defined. - 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.

i. Share tenancy exists whenever two persons agree on a joint

undertaking for agricultural production wherein one party furnishes
the land and the other his labor, with either or both contributing any
one or several of the items of production, the tenant cultivating the
 land personally with the aid of labor available from members of his
immediate farm household, and the produce thereof to be divided
between the landholder and the tenant in proportion to their
respective contributions.

ii. Leasehold tenancy exists when a person who, either personally or

with the aid of labor available from members of his immediate farm
household, undertakes to cultivate a piece of agricultural land
susceptible of cultivation by a single person together with members
of his immediate farm household, belonging to or legally possessed
by, another in consideration of a price certain or ascertainable to be
paid by the person cultivating the land either in percentage of the
production or in a fixed amount in money, or in both.

Share Tenancy Leasehold Tenancy

Payment to Share (Percentage)- changes Fixed Rental – doesn’t change
Landowner according to produce except according to law
Management Both decided (it’s a joint Tenant – not a joint production.
venture)
Incentive to Any increase in production they All additional benefits go to tenant.
Production divide equally Rent to landowner doesn’t change.
Tenant has more freedom to decide
According to law Prohibited, against public policy Tenurial agreements are now under
leasehold. DAR sets fixed rental to
the tenanted

8. What are the purposes of RA 3844 (AN ACT TO ORDAIN THE AGRICULTURAL LAND
REFORM CODE AND TO INSTITUTE LAND REFORMS IN THE PHILIPPINES)?

a. In lands for cultivating corn and rice, Share Tenancy was abolished and was
replaced with Leasehold System.

b. Lands other than for rice or corn, Share tenancy remained although they
have the option to choose Leasehold system. Sec 35 states that the
following cannot be forcibly turned into leasehold system: fishponds,
saltbeds, and lands principally planted to citrus, coconuts, cacao, coffee,
durian, and other similar permanent trees

c. Propagating leasehold tenancy through incentivizing it, identifying

farmworkers’ rights

9. What are the purposes of RA 6389 (An Act Amending RA 3844)?

 a. Due to non-compliance with RA 3844 regarding compulsory Leasehold
System for rice and corn lands, RA 6389 was enacted for the automatic
conversion to leasehold of said lands still under share tenancy

b. Share tenancy was still allowed under lands not for rice or corn

c. DAR was created

10. What are the purposes of PD 27 (Decreeing the Emancipation of Tenants from
the Bondage of the Soil)?

a. Distributing the land to the tenants for rice and corn lands

b. Important guidelines:

i. Retention limit – 7 hectares

ii. Land Grant – 3 hectares/ irrigated, 5 hectares/non-irrigated

11. What are the main characteristics of RA 6657 (Comprehensive Agrarian Reform
Law)?

a. Covers all lands, regardless of crops or fruits produced, irrespective of

tenurial arrangement

b. 10 years implementation

c. Retention limit: Maximum – 5 hectares however every chikd 15 years or

older tilling the soil may earn 3 hectares more

d. Lands already under land reform (7 hectares) not covered anymore

e. Lands given by the government through grant not covered anymore

f. Beneficiaries are all landless farmers who can farm and live in a
municipality or barangay where land covered by CARP is being distributed

12.How is PD 27 and CARP different?

PD 27 CARP Land Transfer Scheme

Concept Land distribution Land distribution + Support
System
Scope Rice and Corn, with tenants All agricultural lands, private or
public, regardless of tenurial
agreements
Beneficiaries Tenant farmers All who till the land
Scope of Land Irrigated – 3 hectares All lands – 3 hectares
Distributed Non-irrigated – 5 hectares
 Transfer of Emancipation Patent Certificate of Land Ownership
ownership Award (CLOA)

13.What are lands covered by CARP?

a. All alienable and disposable lands of the public domain suitable for
agriculture

b. All lands of the public domain in excess of the specific limits as determined
by Congress

c. All other lands owned by the Government suitable for agriculture

d. All private lands suitable for agriculture regardless of fruits or crops

14.What are lands not covered by CARP (Exclusions and Exemptions)?

a. Exclusions

i. all lands with eighteen percent (18%) slope and over, except those
already developed

ii. Lands that used to be agricultural but changed classification and

approved before June 15 1988 (DOJ Opinion No. 44, series of 1990
and Natalia Realty v Secretary of DAR)

iii. Ancestral lands

iv. Residential Lands

v. Private Agricultural lands less than 5 hectares

vi. Prawn/Fish Farms

vii.Lands used for livestock, swine, and poultry raising before or

starting June 15 1988(Luz Farms v Honorable Secretary of Agrarian
Reform)

viii.Lands included in the retention of the owner with the following

measurement:

1. 7 hectares – PD 27

2. 5 hectares – RA 6657

a. 24 hectares – lands given through Homestead Patent

where the beneficiary or his predecessor in interest
possesses and tills it

b. Exemptions
 i. Lands not classified as mineral lands, forest land, residential,
commercial or industrial

ii. Exempted lands according to Sec 10 - Lands actually, directly and

exclusively used and found to be necessary for:

1. parks, wildlife, forest reserves, reforestation, fish

sanctuaries and breeding grounds, watersheds, and
mangroves, national defense, school sites and campuses
including experimental farm stations operated by public or
private schools for educational purposes, seeds and seedlings
research and pilot production centers, church sites and
convents appurtenant thereto, mosque sites and Islamic
centers appurtenant thereto, communal burial grounds and
cemeteries, penal colonies and penal farms actually worked
by the inmates, government and private research and
quarantine centers

15. Who are landless?

a. A landless beneficiary is one who owns less than three (3) hectares of
agricultural land.

16. How do you define agricultural lands?

a. Agricultural Land refers to land devoted to agricultural activity as defined

in this Act and not classified as mineral, forest, residential, commercial or
industrial land.

17. What are alienable and disposable lands?

a. refers to those lands of the public domain which have been the subject of
the present system of classification and declared as not needed for forest
purposes

18. What is the difference between reclassification and conversion?

a. Conversion is different from reclassification. Conversion is the act of

changing the current use of a piece of agricultural land into some other use
as approved by the Department of Agrarian Reform.

b. Reclassification, on the other hand, is the act of specifying how

agricultural lands shall be utilized for non-agricultural uses such as
residential, industrial, commercial, as embodied in the land use plan,
subject to the requirements and procedure for land use conversion.

c. Accordingly, a mere reclassification of agricultural land does not

automatically allow a landowner to change its use and thus cause the
ejectment of the tenants. He has to undergo the process of conversion
before he is permitted to use the agricultural land for other purposes.
19.What are the modes of acquisition?

a. Voluntary Offer to Sell (VOS)

b. Compulsory Acquisition (CA)

c. Voluntary Land Transfer (VLT)

20.Why can’t we alienate/dispose timber, mineral, national parks?

a. The Constitution provides. Art 12 Sec 3

21.Can we purchase land more than 12 hectares? How come there are those who
own more?

22.How can corporations own lands?

a. Heirs of Malabanan – CA 141, Civil Code

23.What are the priorities under RA 6657?

a. All private lands in excess of 50 ha

b. Lands by government institutions

c. All idle or abandoned lands

d. All private lands voluntarily offered

24.What is the process for acquisition of private lands?

a. Section 16 RA 6577

25.What are the responsibilities of DAR?

a. Land Tenure Improvement

b. Support Services

c. Agrarian Justice Delivery (AJD)

26.Cases on Exemptions:

a. Alita – Homestead patent not included

b. Natalia – Residential not included

c. Luz Farms – Livestock and poultry not included

d. Sutton – Livestock – cattle-raising not included

e. CMU – educational not included

 f. DAR v DECS – CMU cannot be applied, not being used for educ anymore,
being leased by a corporation

g. Camarines Sur v CA – Filed for expropriation case (eminent domain) – if

converting land, does the LGU need the approval of the DAR?

i. *retention rights. Covered by yung 5 hectares?

ii. Covered baa ng LGU ng retention limits? NO.

iii. What are the modalities for the government to acquire that land? –
VOS, CA, VLT – pwede pa ba yung VLT? Di na. By June 30 shall be
allowed. By August 1 wala na.

27. What is a farmer? A farmworker?

a. Section 3. Definitions. (f) Farmer refers to a natural person whose primary

livelihood is cultivation of land or the production of agricultural crops,
either by himself, or primarily with the assistance of his immediate farm
household, whether the land is owned by him, or by another person under a
leasehold or share tenancy agreement or arrangement with the owner
thereof.

b. Section 3. Definitions. (g) Farmworker is a natural person who renders

service for value as an employee or laborer in an agricultural enterprise or
farm regardless of whether his compensation is paid on a daily, weekly,
monthly or "pakyaw" basis (matter of payment, not an arrangement)

28.What is the Hacienda Luisita case all about?

Issues: PARC has authority to recall?

1. Legal standing?

2. PARC authority?

a. No authority to recall or revoke? Nowhere is it stated

b. Under the doctrine of necessary implication – if no authority, it will be a

toothless agency can’t do shit

3. Consti – Sec 31/ 6657

a. Discusses the different modalities

b. Corporations given chance to avail sec 3 citing sec 4 of art 13

c. SC: they slept on their rights. Bakit ngayon pa lang kayo nagtatanong

d. Lis mota – di siya lis mota – application of provision to SDP, by virtue of RA 9700
this is already moot and academic. RA 9700 – 2 modalities for agrarian reform
 e. Direct and indirect ownership – pwede ba yung corporation to own agricultural
land? Ok lang ba yung dist of shares instead of physical dist? SC: under sec 4 art
13 – provides for collective ownership – di lang physical dist kaya madiin ang
tingin natin sa sec 3 defining AF. Pwede ang SDO by definition. 6657 allows it

4. Is the revocation proper?

a. 1st arg- SDO didn’t improve our lives! SC: It’s not an assurance, it only provides
you an opportunity

b. 2nd arg – conversion of land – proper. Sumunod sa lahat ng rules (after 5 years,
may approval ect)

c. Bakit kailangan irevoke? Ano yung naging violation? Ano yung mandate?

i. Make sure there’s no dilution of shares. 6296 beneficiaries should be

entitiled to 18K shares – HLI naghakot ng more farmers, plus di ibibigay
if you don’t work for this number of days.

ii. Kailan dapat maibigay lahat ng shares – within 3 months – provision of

SDP – 30 years. Purpose nga is maibigay mo agad

iii. Based on these violations it was revoked

5. Nullity of SDOA/SOC

What were the options given to farmers?

If they want to remain as stockholders. Pwede na

Come Nov 2011 they modified the ruling – NO, wala nang option. Revoke lahat dapat may
physical distribution of land

SC: SDO is viable basta the control is in the farmers. But under this 33% lang makukuha nila
which means they will never truly be owners (even tho they will agree they will never be the
majority, they will never have control over those lands. That’s not the control being
mentioned under the law.

We have 14 Corps with SDOs. Pwede pa rin kaya yun? Yes, RA 9700 – by this date, wala nang
SDO. For the existing, okay lang.