Beruflich Dokumente
Kultur Dokumente
LEASEHOLD TENANCY
I - LEGAL BASIS:
1. Republic Act No. 3844Agricultural Land Reform Code
(August 8, 1963)
2. Republic Act No. 6389- Code
of Agrarian Reform (September 10,
1971)
3. Presidential Decree No. 1425Amending Presidential Decree No.
1040 by Strengthening the Prohibition
against Agricultural Share, Tenancy and
Providing Penalties for Violation
thereof. (June 10, 1978)
4. Section 12, Republic Act No.
6657Comprehensive
Agrarian
Reform Law of 1988.
II
JURISPRUDENCE
DISTINCTIONS
ON
CONSTITUTIONALITY
1. Security of Tenure- Primero vs.
CIR, 10 Phil. 675 (1957); Pineda vs. de
Guzman, 21 SCRA 1450 (1967).
III COVERAGE OR SCOPE
Agricultural Leasehold shall apply
to
all tenanted agricultural lands,
including but not limited to the following
IV - AREA OF COVERAGE
Constitutionality
was
upheld
in
Zurbano vs. Estrella, 137 SCRA 333
(1989)
The REQUISITES FOR COVERAGE
under
OPERATION
LAND
TRANSFER (OLT) program are the
following:
1. The land must be DEVOTED to
RICE or CORN crops; and
2. There must be a system of
SHARE CROP or LEASE
TENANCY obtaining therein.
If either of these requisites is
ABSENT, the land is NOT
COVERED under OLT. Hence, a
landowner NEED NOT APPLY FOR
RETENTION, where his ownership
over the entire landholding is
INTACT
and
UNDISTURBED.
(Euclosia Daez and/or Her Heirs
represented by Edriano D. Daez vs.
the Hon. CA, et al., 325 SCRA
857).
Phase One:
1.Rice and corn land under PD 27;
2. Idle and abandoned lands
3.
Private
lands
voluntarily
offered by the owners for agrarian reform;
4. Foreclosed land by government
financial institutions;
5. Land acquired by the Presidential
Commission on Good Government; and
6. All other lands owned by the
Government devoted to or suitable for
agriculture
These shall be acquired and distributed
immediately upon effectivity of the Act, with
the implementation to be completed within a
period of not more than four (4) years (Sec.
7, par. 2, RA 6657)
Phase Two:
1. All Disposable and alienable public
agricultural lands;
2. All Arable public agricultural lands under
agro-forest, pasture and agricultural
leases already cultivated and planted for
crops in accordance with Sec. 6, Art. XIII
Relationship:
1. The parties are the landholder
and the tenant;
2. The subject is agricultural land;
3. There is consent;
4. The purpose is agricultural
production;
5. There is personal cultivation;
6. There is sharing of harvest or
payment of rentals. (Caballes vs.
DAR, 168 SCRA 247; Qua vs.
Court of Appeals, 198 SCRA 247.)
VI - RETENTION
In Leasehold Tenancy, the Landowner
or agricultural lessor RETAIN OWNERSHIP
of the subject landholding.
The landowner EXERCISES the
ATTRIBUTED OF OWNERSHIP. Under Art.
428 of the New Civil Code. The OWNER
has the RIGHT TO DISPOSE OF a thing
without other limitation than those imposed
by law. As an incident of ownership,
by
Presidential
of the Constitution;
3. All public agricultural lands which are
opened for new development and
resettlement; and
4. All private agricultural lands in excess
of fifty (50) hectares
These shall be distributed immediately
upon the effectivity of the Act, with the
implementation to be completed within a
period of not more than four (4) years.
Phase Three: All private AGRICULTURAL LANDS
commencing with LARGE landholdings and
proceeding to MEDIUM and SMALL
landholding under the following schedules:
a) Landholdings ABOVE 24 hectares up to 50
hectares to begin on the forth year from
effectivity of this act and to be completed
within three years; and,
b) Landholdings from the RETENTION LIMIT
up to 24 hectares, to begin on the sixth
year from effectivity of this Act and to be
completed within four year.
- BENEFICIARIES
The beneficiaries under Republic Act
No. 1199, Republic Act No. 3844 as
amended by Republic Act No. 6389 are
SHARE-TENANT OR AGRICULTURAL
- AWARD CEILING
No. 1199)
IX - PAYMENT FOR THE COST OF THE
LAND.
In the exercise of RIGHT OF PREEMPTION by the agricultural lesseetenant, he must EITHER TENDER
PAYMENT OF, OR PRESENT A
CERTIFICATE FROM THE LBP that it
shall make payment under Section 80 of
Republic Act No. 3844 (10% CASH and
90% in six percent, tax free, redeemable
bonds issued by the LBP.)
If the
landowner refuses to accept TENDER or
PRESENTMENT, the agricultural lessee
may CONSIGN it in COURT, (Sec. 11,
Republic Act No. 3844 as amended by
Republic Act No. 6389.
The REDEMPTION PRICE shall be,
the REASONABLE PRICE OF THE
LAND at the time of sale. (Sec. 12,
Republic Act No. 3844 as amended by
Republic Act No. 6389)
landholding covered by PD 27
regardless of whether or not they
complied with LOI Nos. 41, 45, and
52.
Landowners who filed their
application AFTER 27 August 1985
but complied with the requirement
of LOI No. 41, 45 and 52 shall
likewise be entitled to such a
seven hectares retention area.
However landowner who filed
their application for retention
AFTER the 27 August 1985
deadline and DID NOT COMPLY
with the requirements of LOI Nos.
41, 45, and 52 shall only be
entitled to a maximum of five (5)
hectares as retention area.
c. A landowner WHO HAS DIED must
have manifested during his
lifetime his intention to exercise
his right of retention prior to 23
AUGUST 1990 (The finality of the
Supreme Court decision in the
case
"Association
of
Small
2.
X -TRANSFERABILITY OF LANDHOLDING
1. Sale
2. Donation
3. Succession the agricultural lessee
as DEVISEE to the testators free
portion in the will.
However, the limitation imposed by
law on his right to acquired must be
observed, i.e. Legal prohibition on the
acquisition of property
By operation of law, the agriculturallessee can acquired ownership of the
subject landholding by the exercise of
the following rights.
1. Right of Pre-Emption; and
2. Right of Redemption
XIII - CONSIDERATION FOR THE USE OF
VALUE OF THE LAND.
Consideration for the Lease of
Agricultural lands:
1. Not more than 25 per centum of the
compensation:
1. Cost of Acquisition of the land;
2. Current Value of like properties;
3. Nature of the land;
4. Actual use;
5. Income;
6. Sworn valuation by the landowner;
7. Tax Declaration;
8. Assessment made by government
assessors;
9. The social and economic benefits
contributed by the farmers, and
10.Non-payment of taxes or loans secured
from any government financing institution
on the land.
Basic Formula for the valuation of lands covered by
VOS and CA
LV = (CNI x 0.6) + (CS x 0.3) +
(MV x 0.1)
where:
LV = Land Value