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AGRICULTURE
A.
Definition of Agriculture
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.
 Agriculture is the cultivation of land and breeding of animals and 3 Stages of Agricultural
plants to provide food, fiber, medicinal plants and other products to
sustain and enhance life.
Development
 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 1. Ancient – Hunting & Gathering
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,
2. Traditional
pineapples or other farm products. 3. Modern
Example of Subsistence Farming Stage II: Transition to Mixed and
Diversified Farming:
 Subsistence farming may be shifting farming or nomadic herding (see
 Mixed farming is the combining of two independent
nomadic people). Examples: A family has only one cow to give milk
agricultural enterprises on the same farm. A typical case
only for that family. A farmer grows only enough wheat to make bread
for his or her family. of mixed farming is the combination of crop enterprise
with dairy farming or in more general terms, crop
cultivation with livestock farming.
 Mixed farming may be treated as a special case
of diversified farming.
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Examples of Mixed Farming: Stage III: From Diverse to Specialization/ EXAMPLES:

Modern and Commercial 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.
 Commercial agriculture is a large-scale production of  Mixed crop and livestock.
crops for sale, intended for widespread distribution to  Dairy farming.
wholesalers or retail outlets. In commercial farming crops  Grain farming.
such as wheat, maize, tea, coffee, sugarcane, cashew,  Livestock ranching.
rubber, banana, cotton are harvested and sold in the  Mediterranean agriculture.
world markets.  Commercial gardening and fruit farming.
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LAND TENURE Land Tenure Structure

B. DEFINITION OF  It is the legal regime in which land is owned by

an individual, who is said to "hold" the land. It
 It is a concept that connotes one or more types of

LAND TENURE 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 system regulating the rights to
ownership and control and usages of land and
the duties accompanying such rights.

REPORTED BY:
ERIKKA DE VERA

Three Kinds of Land Tenure

Structure
1. Agricultural Tenancy – refers to the manner of
holding agricultural lands.
2. Share Tenancy – under this system of landholding,
tillers work the land as sharecroppers entitled to share
in the produce of the land.
3. 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.
PARIL, FARRAH AGRARIAN LAW & SOCIAL LEGISLATION C.2. FEUDALISM
Atty. DANIEL GUTIERREZ
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
C.1. DIVINE RIGHT OF KINGSHIP by the King as his personal property, some was given to the church and the rest was
leased out under strict controls.
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 A simple plan showing how the Feudal System works:
century and was urged by such kings, such as Louis XIV of France.
The King: Leader of the Feudal System
In justifying the way of monarchies during those times, the idea is that Kings and Queens The King was in complete
have God-given right to rule and that rebellion against them is a sin. control under the feudal system (at
least nominally). He owned all the land
Such doctrine was traced back to the bible, quoting: in the country and decided to whom he
would lease land. He therefore typically
Romans Chapter 13 allowed tenants he could trust to lease
“Let every person be subject to the governing authorities. For there land from him. However, before they
is no authority except from God and those that exists have been were given any land they had to swear
instituted by God. Therefore, he who resists the authorities, resists an oath of fealty to the King at all times.
what God has appointed, and those who resist will incur judgment. The men who leased land from the King
For rulers are not a terror to good conduct but to bad.” were known as Barons, they were
wealthy, powerful and had complete
control of the land they leased from the
Here we can see three (3) embodied things in the Divine Right of Kings: King.
(1) The king is appointed at the discretion of God;
(2) The king is considered God’s regent on earth: Barons: Executors of the Feudal System
(3) A king is responsible to follow the ways of God in his actions and his carrying Barons leased land from the King that was known as a manor. They were known
out of justice 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
The concept of the divine right of kings was based upon the laws of God and nature. The land they had been given by the King, the Barons had to serve on the royal council, pay
king’s power to rule was derived from his ancestors, the authority of a monarch to rule a rent and provide the King with Knights for military service when he demanded it. They
realm is by virtue of his birth, who as monarchs were appointed to serve God, This also had to provide lodging and food for the King and his court when they travelled
doctrine provides that Kings were chosen by GOD and that they were infallible or can do around his realm. The Barons kept as much of their land as they wished for their own use,
no wrong for they were the chosen ones regardless of his misconduct, a king or his heir then divided the rest among their Knights. Barons were very rich.
could not be forced to forfeit the right to be obedience of subjects or the right to succeed
to the throne. Knights
Knights were given land by a Baron in return for military service when demanded
Nowadays, kings, emperors and other royalties are no longer common, aside from few by the King. They also had to protect the Baron and his family, as well as the Manor, from
countries like Spain, Japan, England, Thailand etc. but these countries nowadays, usually attack. The Knights kept as much of the land as they wished for their own personal use
limit the powers of these royals by way of there constitutions. and distributed the rest to villeins (serfs). Although not as rich as the Barons, Knights were
quite wealthy.

1
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. ENCOMENDIA SYSTEM ENCOMENDIA

SPANISH Spanish colonizers purchased communal lands through
the barangay headmen who represented the natives.
is a vast tract of landholding which served as self-
reliant food producing community.
E NCOMIE NDA Areas acquired were hurriedly titled and all uninhabited It was applied on a much larger scale during the
Spanish colonization of the Americas and the
SYST E M lands were declared “reserved” for the Spanish King, who,
later on issued Royal decrees and land grants in favor of
Philippines.
Spanish friars and soldiers. It was assigned to a Spanish encomendero
(caretaker), usually a friar or soldier.
LATIN AMERICA AND PHILIPPINES
REPORTED BY: Hernán Cortés, conqueror
of the Aztecs and premier
ANGELICA DIAZ encomendero
Spain.
of New

ENCOMENDIA 18th century

mad scramble for
 It was a vehicle used to collect taxes from Filipinos, who
tilled the land and surrendered part of their produce to wealth thru world trade C.4 .
the encomendero as tribute in the form of agricultural  Spanish officials and
their families, as well as rich
RE G A L I A N DOCT RINE
crops, poultry, woven mats, cotton yarn, etc.
Chinese traders C0NCEPT OF JURE REGALIA
 accumulated vast Article XII (National Economy and Patrimony), Section 2
tracts of land  Haciendas

Thus, encomiendas were

replaced by h a c i e n d a s .
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REGALIAN DOCTRINE  The Regalian Doctrine dictates that all lands of

the public domain belong to the State, that the
refers to the feudal principle that private title to land State is the source of any asserted right to
must emanate, directly or indirectly, from the Spanish ownership of land and charged with the
crown with the latter retaining the underlying title. conservation of such patrimony.
 The doctrine has been consistently adopted under
The term refers to royal rights, or those rights to which the 1935, 1973, and 1987 Constitutions.
the King has by virtue of his prerogatives.
 Thus, all lands that have not been acquired from
A Western legal concept that was first introduced by the the government, either by purchase or by grant,
Spaniards into the country through the Laws of the Indies belong to the State as part of the inalienable
and the Royal Cedulas. public domain.

C.5.
LAND REGISTRATION
ACT OF 1902
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.
 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.
 The act took effect on January 1, 1903 upon enacted on November 6,
1902.
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ACT No. 496
The Land Registration Act
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.
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

Transcript of History of Public Land
SURVEY OF LANDS OF THE PUBLIC DOMAIN
FOR THE CONCESSION THEREOF. 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
Section 6. The Governor General, upon the recommendation of the was enacted which up to now is still the governing law on our public lands.
Secretary of Agriculture and Commerce, shall from time to time classify the
lands of the public domain into: Act No. 926 (1903)
a) Alienable or disposable; Disposition under the first land of the Philippines was done by way of homestead, free patent, sale and lease of
b) Timber; public lands, suitable for agriculture. The law also provided for the judicial confirmation of imperfect titles.
c) Mineral lands
Act No. 1120 (1904)
The Friar Lands Act provided for the Administration and temporary leasing and sale of certain haciendas and
Section 9. For the purpose of their administration and disposition, the parcels of land commonly known as friar lands.
lands of the public domain alienable or open to disposition shall be
classified, according to the use or purpose to which such lands are Act No. 2259 (1913)
destined, as follows: 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.
a. Agricultural
b. Residential Commercial industrial, or for similar productive purposes
Act No. 2874 (1919)
c. Educational, Charitable, or Similar purposes
The Second Public Land Act which amended Act No. 926 was enacted in order to hasten the disposition of public
d. Reservations for town sites and for public and quasi-public uses.
agricultural lands to Filipinos by introducing the system of land classification and increasing the homestead area
from 16 Hectares to 24 Hectares.

Title II Agricultural Public Land Chapter III Classification and Concession of

Forms of Concession of Agricultural Lands Public lands suitable for
(Acts No. 2874). commerce and industry.
Section 11. Public Lands suitable for agricultural 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
purposes can be dispose of only as follows, and not commercial, industrial or other productive purposes or for commercial, industrial, or
other productive purposes other than agricultural and shall be open to disposition or
otherwise: concession, shall be disposal or under the provision of this chapter, and not
otherwise.
1) For homestead settlement
2) By Sale Section 56. The Lands disposable under this title shall be classified as follows:

3) By lease a) Land reclaimed by the government by dredging, filing or other means.

4) By Confirmation of Imperfect or incomplete titles
a) By Judicial Legalization
b) By Administrative Legalization (Free Patent)
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?
▪ 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
▪ 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
▪ 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.
 ▪ 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
▪ 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.
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.

Acts no. 4113
December 07, 1933
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.
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.
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.
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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.
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.

After having paid the expenses of planting, cultivating,
and harvesting the crop, the landowner shall advise the
tenant in writing of said expenses.
 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
 Landlord - shall mean and include 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.
 Tenant - shall mean a farmer or farm laborer who undertakes to
work and cultivates land for another or a person who furnishes the
labor with the consent of the landlord.
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.
 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
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 subject-
matter 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
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Republic Act No. 34
September 30, 1946
Source: https://www.lawphil.net/statutes/repacts/ra1946/ra_34_1946.html
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.
 10/13/2018

 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.
 Expenses for harvesting and threshing shall be deducted from the  In the absence of any written agreement to the contrary, in case the
gross produce. Expenses for the maintenance of irrigation systems land is planted to a second crop of rice or other auxiliary crops,
within the respective areas shall be for the account of the tenant,
the tenant shall receive eighty per cent and the landlord twenty
but amortizations for the cost of construction of the system itself per cent of the net produced, provided all expenses of production
shall be for the account of the landlord. The expenses for
construction and maintenance of privately owned irrigation are borne by the tenant.
systems shall be agreed upon between the landlord and tenant,
 Auxiliary industry shall not, however, be construed to include the
but in case of disagreement, all expenses for the construction of crops or products raised from a garden, poultry, and such other
the system shall be for the account of the landlord, provided that
the costs of constructing the distribution canals shall be for the industries carried on a lot specially provided for the residence of
the tenant.
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.

 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.
 13/10/2018

An act to further implement the free

C.11. distribution of agricultural lands of the
public domain as provided for in
Republic Act No. 1160 Commonwealth Act No. 691, as amended
to abolish the land settlement and
June 18, 1954 development corporation created under
Executive Order No. 335 (October 23, Declaration of Congress Policy
1950), and to create in its place the
National Resettlement and Rehabilitation
Administration, and for other purposes
REPORTED BY:
MA PRINCESS DORIA

National Resettlement and Rehabilitation Administration

Special Powers

● To give land to landless citizens of the

(NARRA) Philippines
● To facilitate the settlement, acquisition and
General Powers cultivation of agricultural lands
President of the ● To acquire by purchase such lands
To help speed up the free Philippines ● To adopt, alter and use an official seal ● To reclaim swamps and marshes, obtain
title and to support them into agricultural
distribution of agricultural lands of ● To make contracts, to lease or own
lands for settlement
the public domain Office of Economic Coordinator real and personal property and to sell ● To promote community life
Bureau of Lands or otherwise dispose of the same ● To borrow money from any credit
● To sue and be sued institution
To encourage migration to sparsely General Manager
● To make such regulations as are ● To survey, subdivide and set aside lots or
necessary to execute the functions areas and to dispose of such lands to
populated regions qualified persons
vested in it
● To secure assistance and facilities from the
Assistant General Manager government for development, cultivation
and electrification of settlements
● To attain the policy enunciated in the Act
 13/10/2018

Additional Functions and Duties

● To select and screen applicants for allocation within the areas set aside for purposes of
settlement in the public domain C.12.
● 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
Republic Act No. 1199 An act to govern the relations between
“Agricultural Tenancy Act of the landholders and tenants of agricultural
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 lands (leaseholds and share tenancy)
●
●
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 Philippines”
August 30, 1954
discharge of its duties and functions
● To perform related duties assigned by the President

● To establish agricultural tenancy

Tenancy Relationship
relations between landholders and
Agricultural Tenancy
tenants is the physical possession by a person of land devoted to agriculture belonging to or legally possessed by another
● To afford adequate protection to the
rights of both tenants and

●
landholders
To ensure an equitable division of the
Purposes 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
juridical tie which arises between a
landholder and a tenant once they
agree to undertake jointly the
Share Tenancy
Leasehold Tenancy
when a person who either personally or
when two persons agree on a joint
undertaking for agricultural production
with the aid of labor undertakes to
cultivate a piece of agricultural land
cultivation of land belonging to the
wherein one party furnishes the land and
other his labor
susceptible of cultivation by a single
person former

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
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
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
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
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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
Prohibitions to the Landholder
● 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
 13/10/2018

The Agricultural Land Reform Code
(RA 3844)
C. 13. • The Agricultural Land Reform Code (RA 3844)
The Agricultural Land Reform Code was a major advancement of land reform in
(RA 3844) 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
Reported by: of harvest.
OLIVER WILLIAM YU
The Agricultural Land Reform Code
(RA 3844)
• 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 The main provisions of the

(RA 3844)
• 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.
Agricultural Land Reform Code:
• To establish and encourage the formation of family- C. 14.
sized farms as the basis for Philippine agriculture
• To improve the lives of farmers by liberating them from
harmful practices such as illegal interest rates
PRESIDENTIAL DECREE No. 2
• To encourage greater productivity and increase income September 26, 1972
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

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.
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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.
 13/10/2018

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 lease-
tenancy, 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

To get the cost of the land to be transferred

to the tenant-farmer pursuant to this Decree:
For the purpose of determining the cost Example:
Year Amount
of the land to be transferred to the
1969 1,000,000.00
tenant-farmer pursuant to this Decree, The tenant farmer harvested rice worth 1970 850,000.00
the value of the land shall be equivalent 1,000,000.00, 850,000.00 and 1971 1,150,000.00
to two and one-half (2 1/2) times the 1,150,000.00 from year 1969, 1970 and Total worth of rice harvested for 3
average harvest of three normal crop 1971, respectively.
consecutive years 3,000,000.00
Divide by 3 years 3.00
years immediately preceding the
Average annual harvest 1,000,000.00
promulgation of this Decree; Times 2 & 1/2 2.50
Total cost of the land 2,500,000.00
 13/10/2018

Monthly Amortization Table:

Monthly Interest Principal Payment

To compute for equal annual amortization:

Payment year Amortization (Bal x 6%) (MA-I) Balance

The total cost of the land, including

2,500,000.00
1st 257,406.91 150,000.00 107,406.91 2,392,593.09

interest at the rate of six (6) per centum Formula: Computation:

2nd
3rd
257,406.91
257,406.91
143,555.59
136,724.51
113,851.32
120,682.40
2,278,741.77
2,158,059.36
per annum, shall be paid by the tenant 4th 257,406.91 129,483.56 127,923.35 2,030,136.01
 r   0.06 
in fifteen (15) years of fifteen (15) equal
5th 257,406.91 121,808.16 135,598.75 1,894,537.26
A  P n  A  2,500,000  15 
 1  (1  r ) 
1(1.06)  6th 257,406.91 113,672.24 143,734.67 1,750,802.59

annual amortizations; A=Annual Amortization A=257,406.91

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
P=Total cost of the land or 9th 257,406.91 86,216.61 171,190.30 1,265,753.26
present value of the obligation 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
r=Interest rate
12th 257,406.91 53,516.53 203,890.38 688,051.74
n=total number of payments or periods 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
TOTAL 3,861,103.65 1,361,103.65 2,500,000.00

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 Title to land acquired pursuant to this Decree or
having a right of recourse against him; the Land Reform Program of the Government The Department of Agrarian Reform through its
shall not be transferable except by hereditary Secretary is hereby empowered to promulgate
The government shall guaranty such amortizations
with shares of stock in government-owned and succession or to the Government in accordance rules and regulations for the implementation of
government-controlled corporations; with the provisions of this Decree, the Code of this Decree.
Agrarian Reforms and other existing laws and
No title to the land owned by the tenant-farmers regulations;
under this Decree shall be actually issued to a tenant-
farmer unless and until the tenant-farmer has become
a full-pledged member of a duly recognized farmer's
cooperative;
 13/10/2018

Parties Background:
D.
“Police Power as Doctrinal  Plaintiffs  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
 Asociacion de Agricultores de Talisay-Silay Inc. and six
Basis of Agrarian Reform (6) other planters with the Secretary of Labor,
against the CENTRAL the increase on their share in the previous and
succeeding crop years.
representing the laborers  The CENTRAL on the other hand contends that the said Act is not applicable
Associacion De Agricultures De Talisay-Silay,Inc., vs. Talisay-Silay Milling  Referred to as “PLANTERS” for being unconstitutional arguing that the said act contains more than one
subject, and violates equal protection
Co., Inc. and Luzon Surety Co., Inc.
G.R. No. L-19937, February 19, 1979
 Defendant
 Talisay-Silay Milling Co., Inc., Luzon Surety Co. and PNB
 Referred to as “CENTRAL”
REPORTED BY:
GERALD ARCHIS AGUSTIN

Facts PLANTERS’ Claim CENTRAL’S Defense

 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
 Considering that majority of the PLANTERS in Talisay-Silay Milling  R.A. 809 is unconstitutional and invalid on the
District had no written milling contracts, R.A. 809 should be declared
applicable to the said PLANTERS and the MILLERS of the said Milling following grounds:
District  The Act embraces more than one subject
 R.A. 809 is in clear violation of the constitutional
 The PLANTERS alleged that the CENTRAL executed contracts with prohibition against class legislation and denial of the
eight planters with higher percentage of partition whenever they
equal protection of the laws
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 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 by-
products
 The Act is in violation of equal protection clause provided
for by the Constitution
 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
 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
The Court’s Decision
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…”
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In Re: The Act embraces more than one
subject:
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
 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
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