Beruflich Dokumente
Kultur Dokumente
A. Agriculture – cultivation of land and breeding of animals and plants to provide food, fiber,
medicinal plants and other products to sustain and enhance life.
Agriculture includes:
a. farming in all its branches
b. cultivation and tillage of soil
c. dairying
d. growing and harvesting of any agricultural or horticultural commodities
e. raising of livestock or poultry
Does not include: manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or
other farm products
B. Land Tenure – it is the legal regime in which land is owned by an individual, who is said to
“hold” the land. It determines who can use land, for how long, and under what conditions
(1) Divine Right of Kingship – is belief that the King and Queen’s right of rule derives directly
from God and not from the consent of the people.
3 embodied things in the Divine Right of Kingship:
1. The king is appointed at the discretion of God;
2. The king is considered God’s regent on earth;
3. A king is responsible to follow the ways of God in his actions and his carrying out of
justice
King (Leader of the Feudal System) grant land to Baron (Executor of the Feudal System) in
exchange of Money and knights, Baron grants land to Knight in exchange of protection and
military service, Knights grants land to Villeins in exchange of Food and Services.
Villeins have no rights, they were not allowed to leave the Manro and had to ask
permission before they could marry.
(2) Feudalism - it is a social and economic arrangement that envisages a “lard and vassal” ( or
master and slave) kind of relationship between person in a community. It is a system in which
people were given land and protection by people of higher rank and worked and fought for them
in return.
- It is basically founded or based upon an agricultural economy where the control of the
land is n the hands of a small aristocratic group
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Communal Lands – owned by the barangay which consisted of datu, (maharlikas) freemen,
(mamamahay) serfs and (saguiguilid) slaves
everyone had access to the fruits of the soil. Money is unknown and rice served as the medium of
exchange
Torrens systems – which Americans instituted for the registration of lands did not solve the
problem completely. Either they are not aware of the law or if they did, they could not pay the
survey cost and other gees required in applying for a Torrens title
Haciendas- distributed to Spanish military and clergy or established encomiendias (Royal land
grants)
(4) Regalian doctrine – dictates that all lands of public domain belong to the State, that the State
is the source of any asserted right to ownership of land and charged with the conservation of
such patrimony
1899 - Gen Aguinaldo, his intention is to confiscate large estates, especially the so-called FRIAR
Lands, but not implemented
(5) Land Registration Act of 1902 (Act 496) – Set the ceilings on the hectarage of private
individuals and corporations may acquire: 16 has. for private individuals and 1,024 has. for
corporations.
Philippine Commission is composed of : 5 judge who were appointed by Governor-General and 1
designated as the Judge of Court, the rest is Associate Judges
- Provided for a comprehensive registration of land titles under the Torrens system.
- took effect January 1, 1903, enacted November 6, 1902
(6) Public Land Act of 1903 (Act 141) – introduced the homestead system in the Philippines
Sec. 9. 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 purpose to
which such lands are destined, as:
1. Agricultural
2. Residential, Commercial, Industrial or for similar productive purposes
3. Educational, Charitable or similar purposes
4. Reservations for town sites and for public and quasi-public uses
Sec. 11. Public lands suitable for agricultural purposes can be dispose only as follows, and
not otherwise:
a) for homestead settlement
b) by sale
c) by lease
d) by confirmation of imperfect or incomplete titles
e) by judicial legalization
f) by administrative legalization (free patent)
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- took effect July 1, 1919
DAR – leading implementing agency of CARP. It undertakes land tenure improvement and
development of program beneficiaries. DAR conducts land survey in resettlement areas. It
undertakes land acquisition and distribution and land management studies. The DAR also
orchestrates the delivery of support services to farmer-beneficiaries and promotes the
development of viable agrarian reform communities.
Tenant cannot dismiss his tenant at any time, except for good causes:
a) gross misconduct or willful disobedience
b) negligence to do the necessary farm work to insure a good harvest
c) non-compliance with any of the obligations imposed
d) fraud or breach of trust in connection with work entrusted to him
e) when tenant leases it and lets another use the land without the consent of the landlord
f) commission of a crime
Tenant cannot leave the landlord, except the landlord is:
a) cruel and inhumane treatment
b) non-compliance with any of the obligations imposed
c) compelling the tenant to do any work against his will
d) commission of a crime
Share Tenancy Contract – a contract 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 - 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 – 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.
1935 Constitution - issue of foreign access to land and must have at least 60% Filipino ownership
Lot dwelling – tenant shall be entitled to a dwelling on the land cultivated by him, if he chooses
to, a fixed residential lot of not less than 600sq.m. – if cancellation of contract, tenant has 45days
to remove his house, if within 6mos fails to devote the lot allotted, it shall revert the cultivation of
palay.
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Share Tenancy System – coverage limitation to rice and corn lands
Share basis:
If tenant bears all the expenses:
1. tenant 70% - landlord 30% - first class land (more than 40cavans of palay per one cavan of
seed)
2. tenant 75% - landlord 25% - average normal production (not more than 40cavans of palay per
one cavan of seed)
If landlord bears all the expenses:
1. landlord 70% - tenant 30%
Tenant & Landlord share the expenses:
1. Landlord 50% - tenant 50%
Leasehold Tenancy – when a person who either personally or with the aid of labor undertakes to
cultivate a piece of agricultural land susceptible of cultivation by a single person
Tenancy relationship – juridical tie which arises between a landholder and a tenant once they
agree to undertake jointly the cultivation of land belonging to the former
Martial Law – Land Reform under PD27 but continued the practice of
(15) PD27 – effective October 21, 1972 – 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
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Tenant farmer – deemed owned 5 hectares if not irrigated; 3 hectares if irrigated
Landowner - may retain an area of not more than 7 hectares
If default in payment, the amortization shall be paid by the farmer’s cooperative, with the
cooperative having a right to recourse against him. The government shall guaranty such
amortization with shares of stock in GOCC. No title to the land owned shall be issued unless and
until the tenant-farmer has become a full-pledge member of a duly recognized farmer’s
cooperative
CHAPTER II
AGRICULTURAL LEASEHOLD CONCEPT
(1) Agricultural land means land devoted to any growth, including but not limited to crop lands,
saltbeds, fishponds, idle land and abandoned land as defined in paragraphs 18 and 19 of this
Section.
(2) Agricultural lessee means a person who by himself and with the aid available from within his
immediate farm household, cultivates the land belonging to, or possessed by another with the
latter’s consent for purposes of production, for a price certain in money or in produce or both. It is
distinguished from civil law lessee as understood in the Civil Code of the Philippines.
(3) Agricultural lessor means a person, natural or juridical, who either as owner, civil law lessee,
usufructuary, or legal possessor, lets or grants to another the cultivation and use of his land for a
price certain.
(4) Agricultural year means the period of time required for raising a particular agricultural
product, including the preparation of the land, sowing, planting and harvesting of crops and
whenever applicable, threshing of said crops; in case of crops yielding more than one harvest
from one planting, “agricultural year” shall be the period from the preparation of the land to the
first harvest and thereafter from harvest to harvest.
(5) Farm implements means hand tools or machineries ordinarily employed in a farm enterprise.
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(6) Immediate farm household means the members of the family of the lessee or lessor and
other persons who are dependent upon him for support and who usually help him in his activities.
(7) Proven farm practices means the sound farming practices generally accepted through usage
or officially recommended by the Agricultural Productivity Commission for a particular type of
farm.
(8) Personal Cultivation means cultivation by the lessee or lessor in person and/or with the aid
of labor from within his immediate household.
(9) Work animals means animals ordinarily employed in a farm enterprise, such as carabaos,
horses, bullocks, etc.
(10) Share tenancy means the relationship which 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 or production, the tenant
cultivating the land personally with the aid or labor available from members of his immediate farm
household, and the produce thereof to be divided between the landholder and the tenant.
(11) Agrarian dispute means any controversy relating to terms, tenure or condition of
employment, or concerning an association or representation of persons in negotiating,
maintaining, changing or seeking to arrange terms on conditions of employment, regardless of
whether the disputants stand in the proximate relation of farm employers and employees.
(12) Agricultural owner-cultivator means any person who, providing capital and management
personally cultivates his own land with the aid of his immediate family and household.
(13) Fair rental value means the value not in excess of allowable depreciation plus 6% interest
per annum on the investment computed at its market value; that the fair rental value for work
animal or animals and farm implements used to produce the crop shall not exceed 5% of the
gross harvest for the work animals or animals and 5% for implements.
(14) Incapacity means any cause or circumstance which prevents the lessee from fulfilling his
contractual and other obligations under the Code, as physical disability or permanent illness,
insanity, etc. not occasioned by fortuitous event.
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How leasehold relationship is established:
Parties to leasehold relation
SECTION 6. Parties to Agricultural Leasehold Relation. — The agricultural leasehold
relation shall be limited to the person who furnishes the landholding, either as owner, civil law
lessee, usufructuary, or legal possessor, and the person who personally cultivates the same.
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(1) To contract to work additional landholdings belonging to a different agricultural lessor
or to acquire and personally cultivate an economic family- size farm, without the
knowledge and consent of the agricultural lessor with whom he had entered first into
household, if the first landholding is of sufficient size to make him and the members of his
immediate farm household fully occupied in its cultivation; or
(2) To employ a sub-lessee on his landholding: Provided, however, That in case of illness
or temporary incapacity he may employ laborers whose services on his landholding shall
be on his account.
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Prohibition to the Agricultural Lessor
SECTION 31. Prohibitions to the Agricultural Lessor. — It shall be unlawful for the
agricultural lessor:
(1) To dispossess the agricultural lessee of his landholding except upon authorization by
the Court under Section thirty-six. Should the agricultural lessee be dispossessed of his
landholding without authorization from the Court, the agricultural lessor shall be liable for
damages suffered by the agricultural lessee in addition to the fine or imprisonment
prescribed in this Code for unauthorized dispossession;
(2) To require the agricultural lessee to assume, directly or indirectly, the payment of the
taxes or part thereof levied by the government on the landholding;
(3) To require the agricultural lessee to assume, directly or indirectly, any part of the rent,
"canon" or other consideration which the agricultural lessor is under obligation to pay to
third persons for the use of the land;
(4) To deal with millers or processors without written authorization of the lessee in cases
where the crop has to be sold in processed form before payment of the rental; or
(5) To discourage, directly or indirectly, the formation, maintenance or growth of unions or
organizations of agricultural lessees in his landholding, or to initiate, dominate, assist or
interfere in the formation or administration of any such union or organization.
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Lessee’s right of pre-emption and Redemption
SECTION 14. Right of Pre-emption and Redemption Not Applicable to Land to be Converted
into Residential, Industrial and Similar Purposes. — The right of pre-emption and redemption
granted under Sections eleven and twelve of this Chapter cannot be exercised over landholdings
suitably located which the owner bought or holds for conversion into residential, commercial,
industrial or other similar non-agricultural purposes: Provided, however, That the conversion be in
good faith and is substantially carried out within one year from the date of sale. Should the owner
fail to comply with the above condition, the agricultural lessee shall have the right to repurchase
under reasonable terms and conditions said landholding from said owner within one year after the
aforementioned period for conversion has expired: Provided, however, That the tenure of one
year shall cease to run from the time the agricultural lessee petitions the Land Authority to acquire
the land under the provisions of paragraph 11 of Section fifty-one.
Right to Self-Organization
SECTION 40. Right to Self-Organization. — The farm workers shall have the right to self-
organization and to form, join or assist farm workers' organizations of their own choosing for the
purpose of collective bargaining through representatives of their own choosing: Provided, That
this right shall be exercised in a manner as will not unduly interfere with the normal farm
operations. Individuals employed as supervisors shall not be eligible for membership in farm
workers' organizations under their supervision but may form separate organizations of their own.
Irrigation Facilities
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Management of Irrigation System
Lease of Ricelands and Lands Developed to Other Crops
Amortization Payment for Land under Leasehold
Default on the part of the Lessee
Period of Prescription
QOUTES:
August 30 –
“THE DIFFERENCE BETWEEN GENIUS AND STUPIDITY IS THAT GENIIUS HAS
LIMITS” – Albert Einstein
September 6 –
“BUTTERFLIES ARE GOD’S PROOF THAT THERE ARE SEASONAL CHANCES IN
LIFE” – Christopher Reich
“SUCCESS FORMS THE PREPARED” – Marcus Aureuus
September 13 -
“GOOD, BETTER, BEST, NEVER LET IT REST, TILL YOUR GOOD IS BETTER AND
YOUR BETTER IS BEST.” – Anonymous
September 20 –
“THE UNEXAMINED LIFE IS NOT WORTH KNOWING”- Socrates
September 27 –
“TWO THINGS ARE INFINITE, THE UNIVERSE AND HUMAN STUPIDITY, AND I AM
NOT SURE OF THE FORMER.” – Albert Einstein
October 11 –
“INSANITY: DOING SOMETHING OVER AND OVER HOPING FOR A DIFFERENT
RESULT” – Albert Einstein
REMEMBER:
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