AGRARIAN LAW
Other lands of the public domain suitable for
- Latin “ager” which means field. Agrarian
means “relating to land or to the ownership or
division of land”
- all laws that govern and regulate rights and
relationship between (TALL) tenants,
agricultural workers, lessees or landowners,
over agricultural lands.
MEANING OF AGRARIAN REFORM
- Physical redistribution of lands and the
totality of factors and support services
designed to lift the economic status of
beneficiaries and all other arrangements
alternative to the physical redistribution of
the lands, such as:
o production or profit sharing,
o labor administration, and
o distribution of shares of stock
- Allows them to receive a just share of the
fruits of the lands they work
- Regardless of crop or fruits produced to
farmers and regular farmers who are landless
and irrespective of tenurial arrangement
AGRARIAN DISPUTE/CONFLICT
- RA No. 6657, Sec. 3, as any controversy
relating to
a. Tenancy over lands devoted to
agriculture;
b. Farmworkers' associations or
representation of persons in negotiating,
fixing, maintaining, changing or seeking
to arrange terms or conditions of such
tenurial arrangements;
c. Compensation of lands acquired under
CARP Republic Act No. 6657 and
d. Terms and conditions of transfer of
ownership from landowner to
farmworkers, tenants and other agrarian
reform beneficiaries, whether the
disputants stand in the proximate relation
of farm operator and beneficiary,
landowner and tenant, or lessor and
lessee.
AGRICULTURAL ACTIVITY
- The cultivation of the soil, planting of crops,
growing of fruit trees, including the
harvesting of such farm products, and other
farm activities and practices performed by a
farmer in conjunction with such farming
operations done by persons whether natural
or juridical.
Comprehensive Agrarian Reform Law (CARL)
applies only to agricultural land
a. All public and private agricultural lands
(devoted to agricultural activities)
b.
agriculture (farming).
CARL does not apply to:
1. Private lands with a total area of 5 hectares
and below
2. Private lands actually, directly and
exclusively used for prawn farms and
fishponds,
3. Lands actually, directly and exclusively used
for (PWWR FFM) parks, wildlife,
watersheds, reforestation, forest reserves,
fish sanctuaries and breeding grounds and
mangroves.
4. Lands actually, directly and exclusively used
and found to be necessary for:
a. national defense,
b. school sites and campuses, including
experimental farm stations operated
by public or private schools for
educational purposes,
c. seeds and seedling research and pilot
production center,
d. church sites and convents appurtenant
thereto,
e. mosque sites and Islamic centers
appurtenant thereto,
f. communal burial grounds and
cemeteries,
g. penal colonies and penal farms
actually worked by the inmates,
h. government and private research and
quarantine centers and
i. all lands with eighteen percent (18%)
slope and over, except those already
developed,
ESSENTIAL ELEMENTS OF TENANCY:
1. The parties are the landowner and the tenant
or agricultural lessee;
2. The subject matter of the relationship is an
agricultural land;
3. There is consent between the parties to the
relationship;
4. The purpose of the relationship is to bring
about agricultural production;
5. There is personal cultivation on the part of the
tenant or agricultural lessee; and
6. The harvest is shared between landowner and
tenant or agricultural lessee.
The presence of all these elements must be proved by
substantial evidence. Unless a person has established
his status as a de jure tenant, he is not entitled to
security of tenure and is not covered by the Land
Reform Program of the Government under existing
tenancy laws.
Tenancy relationship cannot be presumed. Claims
that one is a tenant do not automatically give rise to
security of tenure.