Chpaters 1-3

Question 1

What is the Department of Agrarian Reform (DAR)?

Answer 1

the lead government agency that holds and implements comprehensive and genuine agrarian reform which actualizes equitable land distribution, ownership, agricultural productivity, and tenurial security for, of and with the tillers of the land towards the improvement of their quality of life.

Question 2

What is a contiguous land?

Answer 2

land adjoining and touching other land regardless of whether or not portions of the parcels have separate tax numbers, or were purchased at different times, in different sections, are in different government lots or are separated from each other by public or private easement or right-of-way.

Question 3

Foreclosure of mortgage

Answer 3

legal process by which a lender attempts to recover the amount owed on a defaulted loan by taking ownership of and selling the mortgaged property

Question 4

Emancipation patent

Answer 4

represents absolute ownership over the land transferred to the tiller.

Question 5

What effect did the Torrens System have on the existing lands?

Answer 5

Several ancestral lands were given titles in the name of the settlers.

Question 6

Who are the landowner, lessor, usufructuary, and legal possessor?

Answer 6

Landowner - owns the land
Lessor - owns the land and grants a lease to someone else
Usufructuary - owns the property by usufruct (temporary)
Legal possessor - has legal right to possess a property while another entity (legal owner) retains its title

Question 7

Requisites for coverage under the Operation Land Transfer Program

Answer 7

1. the land must be devoted to rice or corn crops

2. there must be a system of share-crop or lease-tenancy obtaining therein

Question 8

Under the Operation Land Transfer Program, can the landowner enjoy the right to retain land if his or her entire landholding was intact and undisturbed?

Answer 8

No.

Question 9

What is the exception?

Answer 9

if a land was subjected to compulsory land reform under theOperation Land Transfer program, the landowner, who cultivated this land, or intendedto cultivate an area of the tenanted rice or corn land, had the right to retain an area of not more than seven (7) hectares

Question 10

How did Letter of Instruction No. 474 amend the rule on a landowner’s right of retention?

Answer 10

If the landowner owned an aggregate area of more than seven (7) hectares of other agricultural lands, he or she could no longer exercise any right of retention

Question 11

Vales v. Galinato

Answer 11

[B]y virtue of [Letter of Instruction No.] 474, if the landowner, as of October21, 1976, owned less than 24 [hectares] of tenanted rice or corn lands, butadditionally owned a) other agricultural lands of more than 7 [hectares],whether tenanted or not, whether cultivated or not, and regardless of theincome derived therefrom, or b) lands used for residential, commercial,industrial or other urban purposes, from which he [or she] derives adequateincome to support himself [or herself] and his [or her] family, his [or her]entire landholdings shall be similarly placed under [Operation Land Transfer] Program coverage, without any right of retention.

Question 12

Article XIII, Section 4 of the Constitution

Answer 12

Section 4. The State shall, by law, undertake an agrarian reform programfounded on the right of farmers and regular farmworkers, who are landless,to own directly or collectively the lands they till or, in the case of otherfarmworkers, to receive a just share of the fruits thereof. To this end, theState shall encourage and undertake the just distribution of all agriculturallands,
subject to such priorities and reasonable retention limits as theCongress may prescribe, taking into account ecological, developmental, orequity considerations, and subject to the payment of just compensation. Indetermining retention limits, the State shall respect the right of smalllandowners. The State shall further provide incentives for voluntary land-sharing.

Question 13

Explain the compulsory acquisition scheme under RA 6657

Answer 13

It empowers the government to acquire private agricultural lands for distribution to tenant-farmers. A qualified farmer beneficiary is given an emancipation patent, called the Certificate of Land Ownership Award, which serves as conclusive proof of his or her ownership of the land.
To mitigate the effects of compulsory land acquisition, Section 6 of Republic Act No. 6657 allows the landowners the right to retain up to five (5) hectares of land covered by the Comprehensive Agrarian Reform Program, thus:
Section 6.
Retention Limits.
—
….
The right to choose the area to be retained, which shall be compact orcontiguous, shall pertain to the landowner: Provided, however, That in case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features…

Question 14

What is the constitutional basis of the agrarian reform?

Answer 14

Article XIII, Section 4 “to undertake an agrarian reform program founded on the right of farmers who are landless to own directly or indirectly the lands they till

• just share
• just distribution of all agricultural lands
• subject to payment of just compensation

Question 15

What is the Agrarian Reform Program all about?

Answer 15

The distribution of public agricultural lands, large estates, and regulation of the relationship between the landowner and the farmer who works on the land.

It embraces all laws that govern and regulate the rights and relationship over agricultural lands between landowners, tenants, lessees or agricultural workers.

Question 16

CARP Beneficiaries

Answer 16

1. Agricultural Lessees and Share Tenants
2. Regular Farmworkers
3. Seasonal Farmworkers
4. Other farmworkers
5. Actual tillers/occupants of public lands
6. Collectives/cooperatives of the above beneficiaries

(all public and private)

Question 17

Latin word from which agrarian is derived from

Answer 17

ager = field
Agrarian
- relating to land or to the ownership or division of land

Question 18

What is the primary objective of the agrarian reform?

Answer 18

To breakup agricultural lands and transform them into economic-size farms to be owned by the farmers themselves, with the end in view of uplifting their socio-economic status.

To promote social justice.

Founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farm workers to receive a just share in the fruits thereof.

To make the country economically viable for Filipino Family by building partnership.

Question 19

What is social legislation?

Answer 19

It covers labor laws, agrarian laws, and welfare laws. The emphasis is more on the aspect of general public good and social welfare.

Laws or statutes enacted pursuant to the social justice clause of the Constitution.

Question 20

Is agrarian reform confined to distribution of lands in landless farmers and regular farmworkers?

Answer 20

No. It includes other alternative modes such as:

(a) labor administration
(b) profit-sharing
(c) stock distribution

Question 21

Applicability of the Comprehensive Agrarian Reform Law

Answer 21

It applies only to agricultural lands. It cannot apply to lands classified as residential, commercial, industrial, mineral, or forest land.

Question 22

What is an agricultural land?

Answer 22

It refers to land devoted to agricultural activities. It contemplates lands that are suitable for farming.

Question 23

Constitutionality of the Comprehensive Agrarian Reform Law

Answer 23

Not unconstitutional because it is a valid exercise of police power

Question 24

What is an Economic Family-Size Farm?

Answer 24

It means an area of farm land that permits efficient use of labor and capital resources of the farm family and will produce an income sufficient to provide a modest standard of living to meet a farm family’s needs for food, clothing, shelter, and education with possible allowance for payment of yearly installments on the land, and reasonable reserves to absorb yearly fluctuations in income.

Question 25

Are lands devoted to raising of livestock, poultry, or fish not embraced in the term "agriculture?"

Answer 25

Lands devoted to raising of livestock, poultry, and swine are classified as industrial, not agricultural. Why? No land is tilled and no crop is harvested.

Question 26

What are lands covered by the Agrarian Reform Law?

Answer 26

(a) All public and private agricultural lands (b) Other lands of the public domain suitable for agriculture Accdg to Sec. 4 of RA 6657 (a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture (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 Gov't devoted to or suitable for agricultural (d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon

Question 27

What are lands not covered by the Agrarian Reform Law?

Answer 27

(a) Private lands with a total area of 5 hectares and below (b) Lands actually, directly, and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves (c) Private lands actually, directly and exclusively used for prawn farms and fishponds (d) Lands actually, directly, and exclusively used and found to be necessary for: i. national defense ii. school sites and campuses iii. experimental farm stations operated for educational purposes iv. seeds and seedling research and pilot production center v. church sites and convents appurtenant thereto vi. mosque sites and Islamic centers appurtenant thereto vii. communal burial grounds and cemeteries viii. penal colonies and penal farms actually worked by the inmates ix. research and quarantine centers x. all lands with 18% slope and over, except those already developed

Question 28

Can a landowner who has already exercised his retention rights under PD 27 be entitled to the retention right under the CARL?

Answer 28

No. However, if the landowner chooses to retain 5 hectares under CARL, the 7 hectares previously retained by him under PD 27 shall be immediately placed under the coverage of the comprehensive agrarian reform law.

Question 29

Can spouses retain 5 hectares each under the agrarian reform law?

Answer 29

It depends: (a) if the property regime is conjugal or absolute community--the spouses can retain only 5 hectares. (b) if the property regime is separation of property--the spouses can retain 5 hectares each

Question 30

Right of Retention

Answer 30

Not exceeding 5 hectares Compact and contiguous Shall be exercised within 60 days from receipt of the Notice of Coverage Municipal Agrarian Reform Officer will designate retained area for the landowner.

Question 31

Suppose the retention area chosen by the landowner is tenanted, what happens to the tenant?

Answer 31

He may choose to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features. The tenant must exercise this option within a period of 1 year from the time the landowner manifests his choice of the area for retention.

Question 32

Landlord-tenant relationship

Answer 32

(a) The landowner has engaged a person to personally cultivate an agricultural land (b) The landowner is compensated in terms of share in the produce (share tenancy) or in terms of a price certain or ascertainable in produce or in money or both (leasehold tenancy) Must be proven with substantial evidence.

Question 33

What is police power?

Answer 33

Capacity of the state to regulate behavior and enforce order within their territory for the betterment of the general welfare of society

Question 34

Eminent Domain

Answer 34

Power to take private property and convert it to public use

Question 35

Requisites for eminent domain

Answer 35

1. Private property 2. Entry for more than a momentary period 3. Entry under warrant 4. Devoted to public use

Question 36

When is there a "taking" of property?

Answer 36

No need for entry just as long as the owners are deprived of freedom or right to use

Question 37

What is due process?

Answer 37

Right of a person to be heard a. Constitutional (Sec. 1, Article III) b. Procedural c. Contractual

Question 38

Just compensation

Answer 38

Reasonable payment settled in a reasonable amount of time Sec. 17, RA 6657 - cost of acquisition of the land - current value of like properties - nature, actual use and income - sworn valuation by the owner - tax declarations - assessment made by the gov't assessors

Question 39

Expropriation v. Eminent Domain

Answer 39

Expropriation - private owner is deprived of property against his will - just compensation Eminent Domain - taking of private properties includes its possession - unwilling to sell

Question 40

What is social justice?

Answer 40

Justice in terms of the distribution of wealth, opportunities, and privileges within a society.

Question 41

Effect if the tenant chooses to remain in the retained area?

Answer 41

If he remains, he will no longer be considered as a tenant but as an agricultural lessee and he will no longer qualify as an agrarian reform beneficiary? As an agricultural lessee, he will be entitled to: (a) peaceful possession and enjoyment of the land (b) Manage and work on the land in a manner and method of cultivation and harvest which conform to proven farm practices (c) Mechanize all or any phase of his farm work (d) Deal with millers and processors and attend to the issuance of quedans and warehouse receipts for the produce due him (e) Be afforded a homelot (f) Be indemnified for the cost and expenses incurred in the cultivation, planting or harvesting and other expenses incidental to the improvement of his crop in case he surrenders or abandons his landholding for just cause or ejected therefrom.

Question 42

What is an ancestral land?

Answer 42

Lands of the public domain that have been in open, continuous, exclusive, and notorious occupation and cultivation by members of the Natural Cultural Communities. Exempted from ARL

Question 43

The requisites of a tenancy relationship

Answer 43

(1) the parties are the landowner and the tenant (2) the subject is agricultural land (3) there is consent by the landowner (4) the purpose is agricultural production (5) there is personal cultivation (6) there is sharing of the harvests. Important to decide WON RA 3844 can be applied

Question 44

Ramon Magsaysay said "He who has less in life must have more in law." How come landowners are then considered in the CARL?

Answer 44

IBP v. Araneta Amada v. Tan Landbank v. Araneta Social justice is applicable only when there is an injustice. It cannot be used to oppress landowner. It shall be an effective instrument for equalization, not to shield wrongdoing and correct injustice.

Question 45

What is agriculture?

Answer 45

The science or practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals to provide food, wool, and other products.

Question 46

Who is the farmer?

Answer 46

Person engaged in agriculture, tiller of the land.

Question 47

Ex: 1 hectare devoted to babuyan, and another to tilapia. Can this property be covered by the CARL?

Answer 47

No. Luz Farms v. DAR DAR v. Sutton

Question 48

Ex: Ms. Opeda is in Camarines Norte. In Sep.t 2019, she bought 2 titled agricultural lands--4 hectares each and adjoining. Yesterday, DAR sent notice of coverage. Is this valid?

Answer 48

No. The land cannot be covered under CARL anymore. The issuance of the notice of coverage shall have been done prior to June 30, 2014 to be valid. Peralta v. Robusto (2018)

Question 49

What is the retention right? When do you exercise the right to retention? Bakit may limit kung may time limit? Dahil sa waiver of right. So ganun ganun na lang yon? Eh diba constitutional right ito?

Answer 49

Danan v. CA Nunez v. Villanosa A.R. No. 02-03 Sandueta v. Robles Read RA 474 for qualifications

Question 50

DAR v. Carriedo

Answer 50

Statutory limit of retention right

Question 51

CARL Coverage

Answer 51

A.O. 07-11 Sec. 7 - excluded Sec. 8 - exempted A.O. 06-19 - LUCEC - not appealable to the Secretary - pwede Office of the President only Natalia v. DAR

Question 52

Agriculturalist v. Civilist

Answer 52

Agriculturalist - landowner-tenant relationship Civilist - property not covered under CARL Gabriel V. Pangilinan RA 3844 - Chapter 3 and 36?

Question 53

Ex: Nag-expire contract between lessor and lessee, pwede na ba sya paalisin? Q: How can I utilize said property na nag-expire contract

Answer 53

Advise: RA 3844 Go to court. This is the only way to end such relationship and to allow ejectment. AO 02-06 - rights of lessee and lessor DAR 05-16 - rental payments in kind

Question 54

Who reverses conversion of land?

Answer 54

Solicitor General.

Question 55

Agriculture lease v. Civil lease

Answer 55

Civil lease - one of the parties binds himself to give to another the enjoyment or use of a thing for a price certain and for a period that may be definite or indefinite. Agriculture lease - or lease hold tenancy, the physical possession of the land devoted to agriculture is given by its owner or legal possessor (landholder) to another (tenant) for the purpose of production through labor of the latter and of the members of his immediate farm household , in consideration of which the latter, agrees to share the harvest with the landholder, or to pay a price certain or ascertainable, either in produce or in money, or in both Specifically, in Gabriel v. Pangilinan,19 this Court differentiated between a leasehold tenancy and a civil law lease in the following manner, namely: (1) the subject matter of a leasehold tenancy is limited to agricultural land, but that of a civil law lease may be rural or urban property (2) as to attention and cultivation, the law requires the leasehold tenant to personally attend to and cultivate the agricultural land; the civil law lessee need not personally cultivate or work the thing leased (3) as to purpose, the landholding in leasehold tenancy is devoted to agriculture; in civil law lease, the purpose may be for any other lawful pursuits (4) as to the law that governs, the civil law lease is governed by the Civil Code, but the leasehold tenancy is governed by special laws.

Question 56

Is the implementation of the CARL an exercise of police power and the power of eminent domain?

Answer 56

It's an exercise of police power when the regulation of private property is in accordance with the Constitution and the extent that the CARL prescribes its retention limits to the landowners. However, when such regulation is carried out and the owners are deprived of lands they own in excess of the maximum area allowed, this is a taking under the power of eminent domain.

Question 57

What is considered as 'taking'?

Answer 57

It is not a mere limitation of the use of the land. It is the surrender of the title to and physical possession of the said excess and all beneficial rights accruing to the owner in favor of the farmer beneficiary.

Question 58

What is police power?

Answer 58

It is the authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare. It is the inherent and plenary power in the State which enables it to prohibit all that is hurtful to the comfort, safety, and welfare of society.

Question 59

Is police power the most essential, insistent and illimitable power of the State?

Answer 59

Yes.

Question 60

What is the power of eminent domain?

Answer 60

It is the power of the State to take private property for public use. It is an inherent power and does not need at all to be embodied in the Constitution. However, limitations are still found in the Bill of Rights to protect individuals against the excessive exercise of governmental powers.

Question 61

What is the limitation in the exercise of the power of eminent domain?

Answer 61

Private property shall not be taken for public use without just compensation (Section 9, Article III).

Question 62

What is just compensation?

Answer 62

Payment must be full and the fair equivalent of the property taken. It must be paid to the landowner without delay, too.

Question 63

The CARL is aimed at promoting social justice. T or F.

Answer 63

True. CARL was enacted as social legislation, pursuant to the policy of the State to pursue a Comprehensive Agrarian Reform Program.

Question 64

What is agrarian reform?

Answer 64

It is the means towards a viable livelihood and a decent life for the landless farmers.

Question 65

Explain the concept of social justice in the construction of laws.

Answer 65

The constant policy is to assure that its beneficient effects be enjoyed by those who have less in life.

Question 66

What is social justice?

Answer 66

It is the humanization of laws and the equalization of social and economic forces by the State so that justice in the rational and objectively secular conception may at least be approximated. President Magsaysay: he who has less in life should have more in law.

Question 67

Does social justice also apply to landowners? How?

Answer 67

Yes. That is why there are also applicable rules provided in RA 6657 for the procedure for determining the proper beneficiaries and grantees or awardees of the lands covered or to be covered under the CARP. These procedures ensure that only the qualified, identified, and registered farmers and/or farmworker-beneficiaries acquire the covered lands which they themselves till. These procedures also ensure that landowners do not lose their lands to usurpers and other illegal settlers who wish to take advantage of the agrarian reform program to acquire lands to which they are not entitled.