Philippine Agrarian and Urban Land Reform

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

The primary objective is 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.

Act No. 4054 (Rice Share Tenancy Act) was promulgated during the American regime regulating the relationship between landlords and tenants on rice lands

Land Reform Act of 1955

AN ACT DEFINING A LAND TENURE POLICY, PROVIDING FOR AN  INSTRUMENTALITY TO  CARRY OUT THE POLICY, AND APPROPRIATING FUNDS FOR ITS IMPLEMENTATION

CREATING THE LAND SETTLEMENT AND DEVELOPMENT CORPORATION AND DISSOLVING THE NATIONAL LAND SETTLEMENT ADMINISTRATION, AND THE RICE AND CORN PRODUCTION ADMINISTRATION AND THE MACHINERY AND EQUIPMENT DEPARTMENT OF THE NATIONAL DEVELOPMENT COMPANY

AN ACT TO FURTHER IMPLEMENT THE FREE DISTRIBUTION OF AGRICULTURAL LANDS OF THE PUBLIC DOMAIN AS PROVIDED FOR IN COMMONWEALTH ACT NUMBERED SIX HUNDRED AND NINETYONE, AS AMENDED TO ABOLISH THE LAND SETTLEMENT AND DEVELOPMENT CORPORATION (LASEDECO) CREATED UNDER EXECUTIVE ORDER NUMBERED THREE HUNDRED AND FIFTY-FIVE (EO 355), DATED OCTOBER TWENTY-THREE, NINETEEN HUNDRED AND FIFTY, AND TO CREATE IN ITS PLACE THE NATIONAL RESETTLEMENT AND REHABILITATION ADMINISTRATION (NARRA)

AN ACT TO GOVERN THE RELATIONS BETWEEN LANDHOLDERS AND TENANTS OF AGRICULTURAL LANDS (LEASEHOLDS AND SHARE TENANCY)

Agricultural tenancy is the physical possession by a person of land devoted to agriculture belonging to, or legally possessed by, another for the purpose of production through the labor of the former and of the members of his immediate farm household, in consideration of which the former agrees to share the harvest with the latter, or to pay a price certain or ascertainable, either in produce or in money, or in both.

Agricultural tenancy is classified into share tenancy and leasehold tenancy.

Share tenancy 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 of production, the tenant cultivating the land personally with the aid of labor available from members of his immediate farm household, and the produce thereof to be divided between the landholder and the tenant in proportion to their respective contributions.

Leasehold tenancy exists when a person who, either personally or with the aid of labor available from members of his immediate farm household, undertakes to cultivate a piece of agricultural land susceptible of cultivation by a single person together with members of his immediate farm household, belonging to or legally possessed by, another in consideration of a price certain or ascertainable to be paid by the person cultivating the land either in percentage of the production or in a fixed amount in money, or in both.

Agricultural year is the period of time necessary for the raising of seasonal agricultural products, including the preparation of the land, and the sowing, planting and harvesting of the crop.

Agricultural Land Reform Code of 1963 (RA 3844) – abolished share tenancy, it instituted the agricultural leasehold system

RA 3844 was not repealed by the Comprehensive Agrarian Reform Law. It supplements CARL

Agricultural lessor and the agricultural lessee are free to enter into any kind of term, condition or stipulation in a leasehold contract, as long as they are not contrary to law, morals or public policy.

Term of the lease is indefinite.

• Expiration of lease contract does not terminate the lease relation
• Transfer of ownership of the land does terminate the leasehold relation

  -if the landowner-lessor sells or transfers ownership of the land, the leasehold relationship is not extinguished. The buyer or transferee becomes the lessor.

Death of physical incapacity of the lessee does not terminate the leasehold relation

*If the lessee dies or becomes incapacitated, the leasehold relations is not extinguished. The lessor must choose the successor from among the following:

• a) the surviving spouse
• b) the eldest direct descendant by consanguinity
• c) the next eldest descendant or descendants in  the order of their age

1.Abandonment of the landholding without the knowledge of the agricultural lessor

2.Voluntary surrender of the landholding by the agricultural lessee

3.Absence of the persons to succeed to the lessee, in the event of death or permanent incapacity of the lessee

If the land was sold to a third person without the knowledge of the agricultural lessee, the latter shall have the right to redeem the same at a reasonable price by the filing a petition for redemption with the Department of Agrarian Reform.

The prescriptive period for filing an action to enforce the rights and obligations under the Code of Agrarian Reforms is 3 year from the time the cause of action accrued.

-Implement laws, programs and policies for the acquisition and distribution of all agricultural lands

-Recommend and provide incentives for voluntary sharing of lands by owners of agricultural lands

-Acquire, determine the value, subdivide into family-size farms

-Undertake land surveys on lands covered by agrarian reform and issue patents to farmers covered by agrarian reform, both on private and public lands

-Approve or disapprove conversion of agricultural lands to non-agricultural uses such as residential and industrial conversions in accordance with the existing provisions of law

“PROCLAIMING THE ENTIRE COUNTRY AS A LAND REFORM AREA”

-there is 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

-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.

-created by the Agrarian Reform code as the financial arm of the agrarian reform program.

-to hold, purchase, acquire and own real and personal property, introduce necessary improvements thereon

-to grant loans to farmers to facilitate production, marketing of crops and acquisition of essential commodities

-to finance and/or guarantee the acquisition of farm lots transferred to tenant-farmers

Vesting Land Bank the Responsibility of all lands under RA 6657

The Land Bank of the Philippines shall be primarily responsible for the determination of the land valuation and compensation for all private lands suitable for agriculture under either the Voluntary Offer to Sell (VOS) or Compulsory Acquisition (CA) arrangement as governed by Republic Act No. 6657. The Department of Agrarian Reform shall make use of the determination of the land valuation and compensation by the Land Bank of the Philippines, in the performance of its functions.

• Tenant Emancipation Law
• -supplements the CARL. It applies only to private agricultural lands primarily devoted to rice and corn under share tenancy or lease-tenancy.

The tenant-farmer is entitled to:

a)5 hectares if not irrigated

b)3 hectares if irrigated

1)Issuance of a certificate of Land Transfer (CLT) to the farmer-beneficiary


2)Issuance of Emancipation Patent (EP)

-title over the landholding will be issued upon full payment of amortization of tenant-farmer with Land Bank for 20 years in 20 equal annual amortizations with 6% interest per annum

Providing the Mechanics of registering titles under PD 27

• All Land Transfer Certificates issued pursuant to Presidential Decree No. 27 shall be filed by the Department of Agrarian Reform and recorded with the Land Registration Commission and forthwith the letter shall transmit a copy thereof to the Register of Deeds of the province or city where the land lies.
• After the tenant-farmer shall have fully complied with the requirements for a grant of title under Presidential Decree No. 27, an Emancipation Patent and/or Grant shall be issued by the Department of Agrarian Reform on the basis of a duly approved survey plan

Under PD 27, the landowner is entitled to retain an area of not more than 7 hectares, if he is cultivating or will cultivate it.

Note:

If the land owner has already exercised his right of retention under PD 27, he can no longer exercise the retention under CARL. However, he can keep the 7-hectare retention limit granted under PD 27.

Issues pertaining to retention rights of the landowner and the exclusion or exemption from agrarian reform coverage are cognizable by the Secretary of Department of Agrarian Reform (DAR).

ACCELERATING THE ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS, PASTURE LANDS, FISHPONDS, AGRO-FORESTRY LANDS AND OTHER LANDS OF THE PUBLIC DOMAIN SUITABLE FOR AGRICULTURE

AN ACT GRANTING THE NATIONAL IRRIGATION ADMINISTRATION

• The NIA shall have the following powers and objectives:
• (a) To investigate, study, improve, construct and administer all international irrigation systems in the Philippines;
• (b) To investigate all available and possible water resources in the country for the purpose of utilizing the same for irrigation, and to plan, design and construct the necessary projects to make the ten to twenty-year period following the approval of this Act as the Irrigation Age of the Republic of the Philippines;
• (c) To collect from the users of each irrigation system constructed by it such fees as may be necessary to finance the continuous operation of the system and reimburse within a certain period not less than twenty-five years the cost of construction thereof; and
• (d) To do all such other things and to transact all such business as are directly or indirectly necessary, incidental to the attainment of the above objectives.

On June 10, 1988, the Comprehensive Agrarian Reform Law of 1988 was enacted.

Agrarian Reform means the redistribution of lands, regardless of crops or fruits produced to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement.

PROCLAIMING URBAN LAND REFORM IN THE PHILIPPINES AND PROVIDING FOR THE IMPLEMENTING MACHINERY THEREOF

-a social reform objective of the new society is to renew blighted areas, improve the conditions of the urban poor and resolve and redress legitimate grievances arising therefrom, while at the same providing incentives to progressive landowners and developers who wish to develop their lands in accordance with government plans and programs responsive to community welfare

• In their entirety, all cities and municipalities which have the population density of at least 1,000 persons per square kilometer and where at least 50 percent of the economically active population are engaged in non-agricultural activities.
• All barangays comprising the former poblacion or barangays including a part of the former poblacion of cities or municipalities which have a population density of greater than 500 but less than 1,000 persons per square kilometer; and where at least 50 percent of the economically active population engaged in non-agricultural activities.
• All barangays not included in items 1 and 2 above which have a population size of at least 1,000 and where at least 50 percent of the economically active population are engaged in non-agricultural activities.

An interagency body, to be known as the Urban Land Reform Coordinating Council hereinafter referred to as the Coordinating Council, is hereby constituted. It shall be composed of the Ministers of Human Settlements Agrarian Reform, Finance, Justice, Local Government and Community Development, Industry, National Resources, and the President of the Land Bank; with the Minister of Human Settlements as the Chairman.

Within the Urban Zones legitimate tenants who have resided on the land for ten years or more who have built their homes on the land and residents who have legally occupied the lands by contract, continuously for the last ten years shall not be dispossessed of the land and shall be allowed the right of first refusal to purchase the same within a reasonable time and at reasonable prices, under terms and conditions to be determined by the Urban Zone Expropriation and Land Management Committee

In cases where the tenants and residents, are unable to purchase the said lands, the Government shall acquire the land and/or improvements thereon by expropriation or other land acquisition technique

CREATING THE NATIONAL HOUSING AUTHORITY AND DISSOLVING THE EXISTING HOUSING AGENCIES, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

-Pursuant to the mandate of the New Constitution, there shall be developed a comprehensive and integrated housing program which shall embrace, among others, housing development and resettlement, sources and schemes of financing, and delineation of government and private sector participation.

-There is hereby created a government corporation to be known as the National Housing Authority, to develop and implement the housing program.

-NHA shall have its principal office in the Greater Manila area but may have such branch offices, agencies, or subsidiaries in other areas as it may deem proper and necessary. NHA shall be under the Office of the President and shall exist for fifty (50) years but may be extended.

(a) To provide and maintain adequate housing for the greatest possible number of people;

(b) To undertake housing, development, resettlement or other activities as would enhance the provision of housing to every Filipino;

(c) To harness and promote private participation in housing ventures in terms of capital expenditures, land, expertise, financing and other facilities for the sustained growth of the housing industry.

-NHA shall be governed by a Board of Directors, which shall be composed of the Secretary of Public Works, Transportation and Communications, the Director-General of the National Economic and Development Authority, the Secretary of Finance, the Secretary of Labor, the Secretary of Industry, the Executive Secretary and the General Manager

AN ACT AUTHORIZE THE RECLAMATION OF FORESHORE LANDS BY CHARTERED CITIES AND MUNICIPALITIES


Authority is hereby granted to all municipalities, and chartered cities to undertake and carry out at their own expense the reclamation by dredging, filling, or other means, of any foreshore lands bordering them, and to establish, provide, construct, maintain and repair proper and adequate docking and harbor facilities

Any and all lands reclaimed, as herein provided, shall be the property of the respective municipalities or chartered cities: Provided, however, That the new foreshore along the reclaimed areas shall continue to be the property of the National Government.   

All lands reclaimed as herein provided, except such as may be necessary for wharves, piers and embankments, roads, parks and other public improvements, may be sold or leased under such rules and regulations as the municipality or chartered city may prescribe.

AN ACT TO PROHIBIT, REMOVE AND/OR DEMOLISH THE CONSTRUCTION OF DAMS, DIKES OR ANY OTHER WORKS IN PUBLIC NAVIGABLE WATERS OR WATERWAYS AND IN COMMUNAL FISHING GROUNDS, TO REGULATE WORKS IN SUCH WATERS OR WATERWAYS AND IN COMMUNAL FISHING GROUNDS, AND TO PROVIDE PENALTIES FOR ITS VIOLATION, AND FOR OTHER PURPOSES.

The construction or building of dams, dikes or any other works which encroaches into any public navigable river, stream, coastal, waters and any other navigable public waters or waterways as well as the construction or building of dams, dikes or any other works in areas declared as communal fishing grounds, shall be ordered removed as public nuisances or as prohibited construction

However, That the Secretary of Public Works and Communications may authorize the construction of any such works when public interests or safety so requires, or when it is absolutely necessary for the protection of private property.

AN ACT CREATING A FISHERIES COMMISSION DEFINING ITS POWERS, DUTIES AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR.


Note: Now we have Bureau of Fisheries and Aquatic Resources under the Department of Agriculture