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POLICE POWER

1. the inherent power of a government to


exercise reasonable control over persons
and property within its jurisdiction in the
interest of the general security, health,
safety, morals, and welfare except where
legally prohibited

Eminent Domain
The power to take private property for public
use by a state, municipality, or private person
or corporation authorized toexercise functions
of public character, following the payment of j
ust compensation to the owner of that propert
y.

A Bill of Attainder is a legislative act which


inflicts punishment without trial. Its essence is
the substitution of a legislative act for a
judicial determination of guilt. [1]

A pre-emption right, or right of pre-


emption, is a contractual right to acquire
certain property newly coming into existence
before it can be offered to any other person or
entity.[1] Also called a "first option to buy."[1]
What is redemption?
Redemption is the transaction by which the
mortgagor reacquired or buys back the
property which may have passed under the
mortgage, or divests the property of the lien
which the mortgage may have created.
Just compensation is defined as the full and
fair equivalent of the property taken from its
owner by the expropriator.

public purpose - Legal Definition


n
A governmental action or direction that
purports to benefit the populace as a whole.

Retention Limit [Section 6]


1. Five hectares is the retention
limit. No person may own or
retain, directly or indirectly, any
public or private agricultural land,
the size of which shall vary
according to factors governing a
viable family-sized farm, such as
commodity produced, terrain,
infrastructure, and soil fertility as
determined by the Presidential
Agrarian Reform Council (PARC),
but in no case shall the retention
limit exceed five (5) hectares.

2. Additional three hectares may


be awarded to each child,
subject to the following
qualifications:

a. That the child is at least fifteen


(15) years of age; and
b. That the child is actually tilling
the land or directly managing the
farm.
"Proven farm practices" -means sound
farming practices generally accepted
through usage or officially recommended
by the Agricultural Productivity
Commission for a particular type of farm.
Agricultural Tenancy Defined. -
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.

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.
Major Roles of LANDBANK
An implementing agency of CARP
involved in land evaluation,
compensation to owners of private
agricultural lands,and collection of
amortizations from CARP farmer-
beneficiaries.
Provision of credit assistance to small
farmers and fisherfolk and ARBs.
An official depository of government
funds.
A government bank with a social
mandate to spur countryside
development.
Feudalistic agriculture system can be
defined as an agrarian system, where
traditional farming was totally under the
control of the landlords. It was a kind of
agricultural stratification, where large
landowners, although being a minor
class, owned the majority of the land. It
was basically an unbalanced system,
because the effects of the agricultural
activities were not properly distributed
among people.
"Feudalism is a generic term that may
be used to describe the social structure
of Western Europe in the Middle Ages. It
had for its central core the relationship
of lord and vassal (not then a word of
shame) bound together by a bond of
personal loyalty and owing mutual aid
and assistance.
"The relation was usually evidenced by
the solemn ceremony of homage
wherein the vassal knelt before the lord,
acknowledged himself to be his man,
and swore fealty to him. It was
frequently accompanied by a grant of
land from the lord to the vassal, the
land to be held of the lord by the vassal
as tenant.

ENCOMIENDA

1. : an estate of land and the


inhabiting American Indians formerly
granted to Spanish colonists or
adventurers in America for purposes of
tribute and evangelization
compare REPARTIMIENTO
The encomienda (Spanish
pronunciation: [ekomjenda]) was a
labor system, rewarding conquerors with
the labor of particular groups of people.
It was first established in Spain during
the Roman period, but utilized also
following the Christian reconquest of
Muslim territory. It was applied on a
much larger scale during the Spanish
colonization of the Americas and
thePhilippines. Conquered peoples were
considered vassals of the Spanish
monarch and the award of an
encomienda was a grant from the crown
to a particular individual. In the conquest
era of the sixteenth century, the grants
were considered to be a monopoly on
the labor of particular Indians, held in
perpetuity by the grant holder, called
the encomendero, and his descendants.
[1]

In the encomienda, the Spanish crown


granted a person a specified number of
natives from a specific community, with
the indigenous leaders in charge of
mobilizing the assessed tribute and
labor. In turn, encomenderos were to
take responsibility for instruction in the
Christian faith, protection from warring
tribes, suppressing rebellion against
Spaniards, and protection
against pirates, instruction in the
Spanish language and development, and
maintenance of infrastructure.
In return, the natives would provide
tributes in the form of metals, maize,
wheat, pork or any other agricultural
product. In the first decade of Spanish
presence in the Caribbean, Spaniards
divided up the natives, who in some
cases were worked relentlessly.

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