Agrarian Law and social legislation

Agrarian = For latin ager meaning field

Agrarian Law = Embraces all laws, rules, and regulations that define the relationship between landowners and
farmworkers
Land Reform = A government program of assistance to farmers so that they will have chance to own land, extend
loans to them, eqiotable rentals and taxes.
Agrarian Reform = Redistribution of land regardless of fruits to farmworkers who are landless. To include totality
of factors and support services
Root cause of poor performance in agriculture = Feudalistic tenure, privileges only enjoyed by landowners

History
1. pre colonial – barangay, slash and burn, datu
2. Spanish- Law of the indies, give land to those who serve crown

Constitutional basis for agrarian reform

Police power and eminent domain – take private land for public use with just compensation, power of state to
limit liberty for general welfare.
Social Justice Clause – The humanization of laws and equalization of the social and economic forces by the state

RA 6657 – Comprehensive agrarian reform law

Land covered by The CARP – Agricultural lands, does not include residential, commercial, industrial, mineral, or
forest land.

Declaration of policies of the CARP

1. Establishment of owner-cultivatorship and economic-family size farms – Person who provides capital
personally cultivates land with help of family. It produce income to provide modest standard of living to meet the
family’s needs
2. There is not enough farmland to distribute for all farmer

Definition of terms
1. Agricultural land – Land devoted to agricultural activity
2. Agrarian Dispute – any controversy relating to tenurial arrangements
a. Tenancy relationship should exist in agrarian dispute
I. Parties are landowner and tenant/agricultural lessee
II. Subject matter of of the relationship is agricultural land
III. There is consent between parties to the relationship
IV. Purpose of relationship is to bring agricultural production
V. Personal cultivation on the part of tenant/agricultural lessee
VI. The harvest is shared between tenant and landowner

3. Security of tenure can only be invoked by de jure tenant – if one of the requisites is absent, he is de facto
tenant

4. How tenancy relationship is created - With the consent of true owner,, lessor of the land, it is established
either verbally or in writing, expressed, or implied. Once tenancy s established there is security of tenure.

5. How is tenancy relationship extinguished - 1. Death of tenant (may continue between land owner and
deceased family), 2. Voluntary Surrender, 3, Abandonment of land,

Lands covered by CARP

A. All public and private agricultural lands
B. Other lands of public domains suitable for agriculture

Retention Limits
1. All Landholdings 5 hectares and below not subject to CARP coverage
2. Souses right to retention – IF ACP, only retain 5 hectares::: If Separation of property, 5 hectares each
3. Landowners right to choose retention area – must be compact and contiguous
4. Landowners children entitled to 3 hectares each – Legitimate or illegitimate
a. At least 15 years old
b. Child is actually tilling the land or directly managing the farm
If child already owns land, is still entitled to an award of parents land as long as it does not exceed 5 hectares
5. Exception to retention limits – Those acquired by LGU’s by expropriation for public use. Twin expropriation rule.
Land must first be acquired by national government throught DAR (First expropriation), then expropriated by the
LGU (Second expropriation.

Lands possessed by multinational corporations subject to immediate compulsory acquisition and distribution
- Upon expiration of lease, contract
- What is a multinational company? Use test of corporate nationality = not based on nationality of
shareholders, Known by registration in SEC

Ancestral Lands
- Are lands of public domain exclusively occupied and cultivated by indigenous communities
- Disputes among themselves governed by their customs
- Are exempt from coverage of the Agrarian reform program

Commercial Farming
1. They are agricultural lands devoted to: 1. Saltbeds, 2. Fruit farms, 3. Orchards, 4. Vegetable and cut flower
farms, 5. Cacao, coffee, and rubber plantations
2. Will be acquired and distributed after 10 years of start of production
3. Land devoted to livestock and poultry is not agricultural

Determination of just compensation

1. the fair market value
2. determined by the court
3. Valuation set by DAR NOT CONCLUSIVE – landowner may contest to RTC acting as a special agrarian court
4. There must be full payment of just compensation before the expropriation

Modes of compensation
1. Cash and landbank bonds, shares of stock
2. opening of trust account for landowner is not just compensation.

Land distribution- qualified beneficiaries

1. a landless resident of barangay such as all kinds of farmers, tillers of th land
2. Qualifications: 1. Filipino, 2. Resident of varangay where land is located, 3. 15 y/o or older, 4. Aptitude to make
land productive
3. children of landowners enjoy first preference in the distribution of land, then the lessee, then farmer
4. No qualified beneficiary may own more than 3 hectares of agricultural land

Barangay agrarian reform committee (BARAC)

1. MEDIATE BETWEEN PARTIES IN AGRARIAN DISPUTES SUCH AS TENURIAL AGREEMENTS
2. support programs on agrarian reform
3. mediate disputes within 30 days
Quasi-judicial powers of DAR
1. exclusive jurisdiction over matters of implementation of agrarian reform
2. quasi judicial power of DAR exercised through DAR Adjudication Board (DARAB) it may hear and decide cases,
summon witness, administer oaths
3. DARAB V RTC = RTC may only hear petitions for just compensation and prosecution of criminal offenses under
CARP, DARAB = agrarian dispute
4. cannot settle dispute on ownership of land, only the proper court may hear it, cannot hear right of way
problems, and identification and selection of beneficiaries, retention, and exemption from CARP

Existence of tenancy relationship a requirement for darab to exercise power over agrarian dispute
I. Parties are landowner and tenant/agricultural lessee
II. Subject matter of of the relationship is agricultural land
III. There is consent between parties to the relationship
IV. Purpose of relationship is to bring agricultural production
V. Personal cultivation on the part of tenant/agricultural lessee
VI. The harvest is shared between tenant and landowner

Certification of barc
1. DAR SHALL NOT TAKE COGNIZANCE OF ANY AGRARIAN DISPUTE UNLESS THERE IS CERTIFICATION FROM BARAC
THAT IT HAS BEEN SUBMITTED FOR MEDIATION

Conversion of Lands
1. Conversion – changing of some other use of a piece of land into some other use
2. Reclassification – Act of specifying how agricultural lands shall be utilized for non-agricultural use
3. Zoning – delineation of a city/municipality into functional zones where only specific and uses are allowed
4. Conversion v Reclassification – Conversion undergoes evaluation process from DAR, Reclassification is done
through town planning taking to account needs of inhabitants, it does not involve actual change of land use
5. DAR MANDATE ON COVERSION – DAR has exclusive authority to approve or disapprove conversion of
agricultural land.
6. Who can apply for conversion – after 5 years from award of the land, the beneficiary and landowner with
respect only to his retained area which is tenanted may apply for conversion
7. Circumstances that allow filing of conversion – When the land ceases to be economically sound for agricultural
purposes, b. When the locality has become urbanized and land will have greater value if converted
8.. Obligation when conversion is granted - if beneficiary, shall invest 10% of the proceeds coming from
conversion to government securities, 2. Shall pay Land bank full price of the land
9. Lands not subject to conversion – 1. Agricutural lands protected by National Integrated Protected Areas System
(NIPAS), 2. ALL irrigated lads where water is available to support rice and other crop. 3. All irrigable lands covered
by irrigation project, 4. All agricultural lands within irrigation facilities operated by private organizations
10. Agricultural lands that may not be reclassified - 1. Agricultural lands distributed to agrarian reform
beneficiaries, 2. Already issued a notice of coverage under CARP, 3. Non-negotiable for conversion
11. LGU’S DO NOT NEED APPROVAL FROM DAR TO CONVERT AGRICULTURAL LNDS TO NON AGRICULTURE, POWER
OF EXPROPRIATION SUPERIOR OVER POWER TO DISTRIBUTE LAND UNDER CARP
12. Conversion of public agricultural land to fishponds – only when the provincial government in concurrence with
bureau of fisheries and aquatic resoursec declares a coastal zone suitable for fishpond development
13. Conversion of Private agricultural lands to fishponds – up to 5 hectares
14. Conversion of crops to commercial or high value crops is not considered conversion of the land