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Agrarian Law & Social Legislation > Chpaters 1-3 > Flashcards

Chpaters 1-3 Flashcards

1
Q

What is the Department of Agrarian Reform (DAR)?

A

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.

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2
Q

What is a contiguous land?

A

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.

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3
Q

Foreclosure of mortgage

A

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

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4
Q

Emancipation patent

A

represents absolute ownership over the land transferred to the tiller.

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5
Q

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

A

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

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6
Q

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

A

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

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7
Q

Requisites for coverage under the Operation Land Transfer Program

A
  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

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8
Q

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?

A

No.

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9
Q

What is the exception?

A

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

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10
Q

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

A

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

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11
Q

Vales v. Galinato

A

[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.

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12
Q

Article XIII, Section 4 of the Constitution

A

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.

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13
Q

Explain the compulsory acquisition scheme under RA 6657

A

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…

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14
Q

What is the constitutional basis of the agrarian reform?

A

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
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15
Q

What is the Agrarian Reform Program all about?

A

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.

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16
Q

CARP Beneficiaries

A
  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)

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17
Q

Latin word from which agrarian is derived from

A

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

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18
Q

What is the primary objective of the agrarian reform?

A

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.

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19
Q

What is social legislation?

A

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.

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20
Q

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

A

No. It includes other alternative modes such as:

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

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21
Q

Applicability of the Comprehensive Agrarian Reform Law

A

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

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22
Q

What is an agricultural land?

A

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

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23
Q

Constitutionality of the Comprehensive Agrarian Reform Law

A

Not unconstitutional because it is a valid exercise of police power

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24
Q

What is an Economic Family-Size Farm?

A

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.

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25
Q

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

A

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.

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26
Q

What are lands covered by the Agrarian Reform Law?

A

(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

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27
Q

What are lands not covered by the Agrarian Reform Law?

A

(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

28
Q

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

A

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.

29
Q

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

A

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

30
Q

Right of Retention

A

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.

31
Q

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

A

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.

32
Q

Landlord-tenant relationship

A

(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.

33
Q

What is police power?

A

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

34
Q

Eminent Domain

A

Power to take private property and convert it to public use

35
Q

Requisites for eminent domain

A
  1. Private property
  2. Entry for more than a momentary period
  3. Entry under warrant
  4. Devoted to public use
36
Q

When is there a “taking” of property?

A

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

37
Q

What is due process?

A

Right of a person to be heard

a. Constitutional (Sec. 1, Article III)
b. Procedural
c. Contractual

38
Q

Just compensation

A

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
39
Q

Expropriation v. Eminent Domain

A

Expropriation

  • private owner is deprived of property against his will
  • just compensation

Eminent Domain

  • taking of private properties includes its possession
  • unwilling to sell
40
Q

What is social justice?

A

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

41
Q

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

A

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.

42
Q

What is an ancestral land?

A

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

43
Q

The requisites of a tenancy relationship

A

(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

44
Q

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

A

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.

45
Q

What is agriculture?

A

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.

46
Q

Who is the farmer?

A

Person engaged in agriculture, tiller of the land.

47
Q

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

A

No.
Luz Farms v. DAR
DAR v. Sutton

48
Q

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?

A

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)

49
Q

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?

A

Danan v. CA
Nunez v. Villanosa
A.R. No. 02-03
Sandueta v. Robles

Read RA 474 for qualifications

50
Q

DAR v. Carriedo

A

Statutory limit of retention right

51
Q

CARL Coverage

A

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

52
Q

Agriculturalist v. Civilist

A

Agriculturalist
- landowner-tenant relationship

Civilist
- property not covered under CARL

Gabriel V. Pangilinan

RA 3844 - Chapter 3 and 36?

53
Q

Ex: Nag-expire contract between lessor and lessee, pwede na ba sya paalisin?

Q: How can I utilize said property na nag-expire contract

A

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

54
Q

Who reverses conversion of land?

A

Solicitor General.

55
Q

Agriculture lease v. Civil lease

A

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.

56
Q

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

A

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.

57
Q

What is considered as ‘taking’?

A

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.

58
Q

What is police power?

A

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.

59
Q

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

A

Yes.

60
Q

What is the power of eminent domain?

A

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.

61
Q

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

A

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

62
Q

What is just compensation?

A

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

63
Q

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

A

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

64
Q

What is agrarian reform?

A

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

65
Q

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

A

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

66
Q

What is social justice?

A

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.

67
Q

Does social justice also apply to landowners? How?

A

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.

Agrarian Law & Social Legislation (3 decks)

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