Agrarian Law and Social Justice CLASS NOTES under Atty.

Valle

ASSIGNMENT:
1. Who are the beneficiaries? SEC 22 (or who are eligible to be beneficiaries)

SECTION 22. Qualified Beneficiaries. — The lands covered by the CARP shall be distributed as
much as possible to landless residents of the same barangay, or in the absence thereof, landless
residents of the same municipality in the following order of priority:

*landless resident-is a farmer or tiller who owns less than 3 hectares of land. It
could refer to any of the following:

(a) agricultural lessees and share tenants;

(b) regular farmworkers;
(c) seasonal farmworkers;
(d) other farmworkers;
(e) actual tillers or occupants of public lands;
(f) collectives or cooperatives of the above beneficiaries; and
(g) others directly working on the land.

Provided, however, That the children of landowners who are qualified under Section 6 of this Act
shall be given preference in the distribution of the land of their parents: and Provided, further, That
actual tenant-tillers in the landholdings shall not be ejected or removed therefrom. Beneficiaries
under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned their land are
disqualified to become beneficiaries under this Program. A basic qualification of a beneficiary
shall be his willingness, aptitude, and ability to cultivate and make the land as productive as
possible. The DAR shall adopt a system of monitoring the record or performance of each
beneficiary, so that any beneficiary guilty of negligence or misuse of the land or any support
extended to him shall forfeit his right to continue as such beneficiary. The DAR shall submit
periodic reports on the performance of the beneficiaries to the PARC. If, due to the landowner's
retention rights or to the number of tenants, lessees, or workers on the land, there is not enough
land to accommodate any or some of them, they may be granted ownership of other lands available
for distribution under this Act, at the option of the beneficiaries. Farmers already in place and those
not accommodated in the distribution of privately-owned lands will be given preferential rights in
the distribution of lands from the public domain.

Qualifications of beneficiaries p.64 of Ungos book

The farmer whether tenant, lessee, or worker) must be:

1. Filipino Citizen;
2. Resident of the barangay or municipality where the landholding is located;
3. At least 15 (fifteen) years old at the time of identification, screening and selection; and
4. Willing, able, and equipped with aptitude to cultivate and make the land productive
 Agrarian Law and Social Justice CLASS NOTES under Atty. Valle

2. Who are the lawful farmers? SEC 3? Not sure

(f) Farmer refers to a natural person whose primary livelihood is cultivation of land or the
production of agricultural crops, either by himself, or primarily with the assistance of his immediate
farm household, whether the land is owned by him, or by another person under a leasehold or share
tenancy agreement or arrangement with the owner thereof.

(g) Farmworker is a natural person who renders service for value as an employee or laborer in an
agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly,
monthly or "pakyaw" basis. The term includes an individual whose work has ceased as a
consequence of, or in connection with, a pending agrarian dispute and who has not obtained a
substantially equivalent and regular farm employment.

(h) Regular Farmworker is a natural person who is employed on a permanent basis by an

agricultural enterprise or farm.

(i) Seasonal Farmworker is a natural person who is employed on a recurrent, periodic or intermittent
basis by an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer,
such as "dumaan", "sacada", and the like.

(j) Other Farmworker is a farmworker who does not fall under paragraphs (g), (h) and (i).

3. Elements of beneficiaries? Is this also under page 64 of ungos book?

beneficiaries who can effectively manage their economic and social development to have a better
quality of life.

Does not own the land he is actually cultivating

Not more than 3 hectares

The PARC shall establish guidelines to implement the above priorities and distribution scheme,
including the determination of who are qualified beneficiaries: Provided, That an owner-tiller may
be a beneficiary of the land he does not own but is actually cultivating to the extent of the difference
between the area of the land he owns and the award ceiling of three (3) hectares.

Qualifications of beneficiaries p.64 of Ungos book

The farmer whether tenant, lessee, or worker) must be:

1. Filipino Citizen;
2. Resident of the barangay or municipality where the landholding is located;
3. At least 15 (fifteen) years old at the time of identification, screening and selection; and
4. Willing, able, and equipped with aptitude to cultivate and make the land productive
 Agrarian Law and Social Justice CLASS NOTES under Atty. Valle

4. Agrarian Dispute; what constitutes and agrarian dispute? Definition

Agrarian Dispute-refers to any controversy relating to:
tenurial arrangements whether leasehold, tenancy, stewardship or otherwise,
over lands devoted to agriculture,
including disputes concerning: farmworkers’ associations or representations of
persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms
or conditions of such tenurial arrangements (CFMNS to arrange T/C of tenurial
arrangements)

includes compensation of lands acquired under this act and other terms and
conditions of transfer of ownership from landlord to farmers, tenants, and other
agrarian reform beneficiaries.

5. Who is the tenant; ???

6. Be able to know the case Luz Farms v Secretary of Agrarian Reform 192 SCRA 51

7. Agrarian Reform- the redistribution of lands, regardless of crops or fruits produced to farmers
and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the
totality of factors and support services designed to lift the economic status of the beneficiaries
and all other arrangements alternative to the physical redistribution of lands, such as production
or profit sharing, labor administration, and the distribution of shares of stocks, which, will allow
beneficiaries to receive a just share of the fruits of the lands the work.

8. Agriculture, Agricultural Enterprise or Agricultural Activity-means the cultivation of the soil,

planting of the crops, growing of fruit trees, including 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. (CPGH by persons natural or juridical)

9. What was the basis of the S.C. in ruling that livestock, poultry and swine are not covered the
CARP?

Pg. 13 Ungos book. See also footnotes in the book for cases

Lands devoted to raising livestock, poultry, and swine are classified as industrial, not agricultural,
hence exempt from the agrarian reform law.

In the case Luz Farms v. Secretary of Agrarian Reform, the Supreme Court declared
unconstitutional the inclusion of lands devoted to raising of livestock, poultry and swine within the
term “agriculture.” The reason is because in livestock, poultry and swine farming, no land is tilled
and no crop is harvested. Land is not the primary resource in raising livestock, poultry or even
 Agrarian Law and Social Justice CLASS NOTES under Atty. Valle

swine. Livestock, poultry or swine do not sprout from the land, hence they are not “fruits of the
land”

10. Is the definition of agricultural land always the same? ???

Agricultural Land refers to land devoted to agricultural activity as defined in this Act and not
classified as mineral, forest, residential, commercial or industrial land.

11. How to determine tenancy relationship? (or this is elements of tenancy in the 1st assignment)

Morta vs Occidental et al June 10, 1999 GR 123417

1. The parties are the landowner and the tenant or agricultural lessee;
2. That the subject matter of the relationship is agricultural land;
3. That there is a consent between the parties as to the relationship;
4. That the purpose of the relationship is to bring about production;
5. That there is personal cultivation on the part of the tenant or agricultural lessee; and
6. That the harvest is shared between the landowner and the tenant or agricultural lessee

12. What is the consequence of an occupant cultivator/planter if he is unable to show the existence
of requisites of tenancy relationship? ????

Heirs of Jose Juanite vs CA GR 138016

In the case, DARAB considered the petitioners as not tenants because they failed to submit evidence
that they were sharing harvests with the landowners…

The case doesn’t explicitly answer that question but in the case where the Petitioners were tenants
who wanted to have their right of redemption because respondents sold the land which they were
cultivating, though DARAB did the above…PARAB had already evidence or proof of their tenancy
because it was indicated in the deed of absolute sale

13. What is the consequence of failure to question the jurisdiction of DARAB….or not falling within
the jurisdiction of DARAB?.....??? read researched case

What will happen to the judgment?

Re jurisdiction but not necessarily answer to the above question. If DARAB does not have
jurisdiction, the decision is null and void.