1. Who has the burden of proving that there exists a lawful cause to eject 4.
4. Who is, under the Constitution, authorized to determine proper retention
the tenant?
Under Republic Act No. 3844 or Agricultural Land Reform Code,
Section 37 states that “the Burden of proof to show the existence of lawful
cause for the ejectment of an agricultural lessee or tenant shall rest upon
the agricultural lessor.
2. Does the allegation that one is a tenant automatically give rise to security
of tenure?
No, mere allegation that one is a tenant does not automatically give
rise to security of tenure, it must first be proved that such tenancy is what is
specified by law and no other alike. Under Republic Act No. 1199 or the
Agricultural Tenancy Act of the Philippines, an agricultural leasehold
relationship or tenancy relationship must first be established either verbally
or in writing, expressly or impliedly, before the tenant shall be entitled to
security of tenure.
3. What lands are covered by the CARP?
Under the Comprehensive Agrarian Reform Program as amended,
it shall cover, regardless of tenurial arrangement and commodity produced,
all public and private agricultural lands as provided in Proclamation No.
131 and Executive Order No. 229, including other lands of the public
domain suitable for agriculture: Provided, That landholdings of landowners
with a total area of five (5) hectares and below shall not be covered for
acquisition and distribution to qualified beneficiaries. More specifically, "(a)
All alienable and disposable lands of the public domain devoted to or
suitable for agriculture. No reclassification of forest or mineral lands to
agricultural lands shall be undertaken after the approval of this Act until
Congress, taking into account ecological, developmental and equity
considerations, shall have determined by law, the specific limits of the
public domain; "(b) All lands of the public domain in excess of the specific
limits as determined by Congress in the preceding paragraph; "(c) All other
lands owned by the Government devoted to or suitable for agriculture; and
"(d) All private lands devoted to or suitable for agriculture regardless of the
agricultural products raised or that can be raised thereon.
limits?
Under Article XIII, Sec 4 of the 1987 Philippine constitution:
“...the State shall encourage and undertake the just distribution of all
agricultural lands, subject to such priorities and reasonable retention
limits as the Congress may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to the payment
of just compensation. In determining retention limits, the State shall
respect the right of small landowners…”
5. What is a homestead? Is a homestead subject to CARP?
Homestead Patent is a mode of acquiring alienable and disposable
lands of the public domain for agricultural purposes conditioned upon
actual cultivation and residence. commonwealth act 141
Yes, under Sec 2 of the Comprehensive Agrarian Reform Law, as well as
the constitution, “the State shall apply the principles of agrarian reform, or
stewardship, whenever applicable, in accordance with law, in the disposition
or utilization of other natural resources, including lands of the public domain,
under lease or concession, suitable to agriculture, subject to prior rights,
homestead rights of small settlers and the rights of indigenous communities to
their ancestral lands.”
6. Does failure to apply for retention constitute waiver of the right of
retention?
7. Is personal cultivation a mandatory precondition to be entitled to
retention?
No, the retained area need not be personally cultivated BY THE LAND
OWNER.
FUTHERMORE, UNDER THE CASE OF TENANTS OF THE ESTATE OF DR.
JOSE SISON VS CA. personal cultivation by the Heirs of Sison is not a
mandatory precondition for them to be entitled to their retention right.