August 14, 2018 3.

assures continuity of relations

[Wa nako na kuha tanan kay paspas mu sturya si Sir. Anyway 95% sa 4. in case the lessor sells or alienates
iyang ppt kay naa ras Hya na reviewer and during discussions, he
just reads the ppt and expounds a bit (i.e. gives a back story/gives his the legal possession, transferee shall
own take on an SC ruling/emphasizes certain words). Also check the be subrogated to the rights and
Powerpoint Pictures na folder] substituted to the obligations of the
lessor
1. EFFECTIVE DATE OF PD 27 - OCTOBER 21, 12. Share tenancy - relationship which exists
1972 whenever two persons agree on a joint
2. CARP EFFECTIVITY - JUEN 15,1988 undertaking for the agricultural production
1. this won't be asked again 13. Crisostomo v. Victoria - sec. 6 parties to agri
3. Aquino leasehold (productions?) (NOT IN THE
1. EO 405: Vested in the Land ban of NOTES)
the Philippines the responsibility to 1. personal who furnishes land holding
determine land valuation and - owner, civil law lessee,
compensation for all land covered usufructuary , legal possessor
by carp 2. person who cultivates
4. while an ordinary title is issued by an ROD; 3. YOU NEED EVIDENCE OF CONSENT
but a CLOA is issued by DAR FROM CRISOSTOMO
5. Act 416 - Torrens title system 4. “LEGAL POSSESSOR” SEC. 6
6. all titles are registered with ROD even 5. “STATUS OF HIPOLITO DID NOT
motor vehicles CLOTHE HIM WITH THE CAPACITY
7. Emancipation Patent - issued under PD 27 TO DESIGNATE RESPONDENT AS
1. “Ministry of Agrarian Reform - TENANT”
Marcos’s time 6. moral of the story: don’t be silent on
8. Find liens, annotations and encumbrances any provision on designation of a
9. CLOA contains the 10 year prohibitive tenant or farmer or whoever else
period subject to the would want to use the property; put
1. reckon - 10 years from the date of stipulation prohibiting lessee from
issuance designating (…)
2. shall not be transferred except by 14. Element of agra reform - CULTIVATION
hereditary succession or to the 15. Civil law lease - there can be a lease even
government without cultivation
1. WALAY PERIOD 1. if civil law lessee and there is a
2. PD 27: NO MENTION OF person cultivating it MAY BE A CIVIL
PERIOD OF PROHIBITION LAW LEASE (depends on the
(PROHIBITION MIGHT BE circumstances
FOREVER) 1. because tenancy relationship
3. Sir hasn’t encountered a sale is personal
on EP 2. If no authority from owner for lessee
3. Ep - 2 exceptions; CLOA - 4 to cultivate — no relationship
exceptions 16. Sec. 8 - grounds to extinguish relation
10. agricultural rights (2) - rights of lessor; rights 1. Codederias v. Chioco
of lessee (Abandonment)
11. 4 reasons why leasehold replaced shared 1. reckoning of 3 year
tenancy prescriptive period is 3 years
1. protection of tenurial and economic from the time the cause of
status action accrued
2. guarantees physical possession, 2. Gua-an v. Quirino
enjoyment and management
 1. “ The court cannot turn a
blind eye to the fact that
Prisco surrendered
possession and cultivation of
the subject land to Ernesto,
not for a mere temporary
period, but for a period of 11
years without any justifiable
reason. Such act constitutes
abandonment despite (…)
17. Reclassfication?
1. Davao New Town v. Sps. Saliga
1. “whether the leasehold
relationship between the
respondents and Eugenio
had been established by
virtue of the provisions of RA
No 3844 or of the 5 year
lease contract executed in
1981, this leasehold
relationship had been
terminated with their
classification of the property
as non-agricultural
August 22, 2018
PD 27 v RA 657
 as to availment of retention; in 1991 CARL
already took effect; IT IS ALLOWED UNDER
PD @&: no prohibition under PD 27
 consequence of non-availment is waiver;
take note of what particular law will govern
a piece of land because there are several
implcations;
 Saguinsin: land owner availed several years
after
1. PD 27 - rice & corn land; tenant-farmer is
deemed owner of 5 has. if not irrigated and
3 has if irrigated
2. RA 6657 - all other agricultural land
(including lands of public domain);
beneficiaries shall be awarded an area not
exceeding 3 has.
3. There was an issue on abandonment by the
farmer? If so, farmer cannot have that
property anymore. In the Estolas case, there
was no abandonment because there was no
proof (Sir doesn’t agree)
4. Gua-an v Quirino (Ra 3842)
1. 3844 (Chioco, Davao, …)
1. Gua-an: REMEMBER THIS
CASE
1. AO used by DAR in
Estolas and Gua-an is
the same—AO states
that if there is more
than 2 years of failure
on the part of the
farmer-beneficiary to
cultivate the land that
is considered to be
abandoned (10
years). Court said it
was abandoned
2. in Estolas, court said
no abandonment
because no proof
!!!!!! The determination of just compensation
should be based on RA 6657 for lands covered
under PD 27
 PD 27 applies only suppletory
Land Bank v. Heirs of Cruz ; LBP v. Sps. Rokaya; LBP
v. Santos and LBP v. Padilla-Munsayac
GCC: Another reason should be the
“reasonableness” of the factors in determining just
compensation under RA 57 compared to OD 27
 RMEMBER THIS ISNT ABOUT WHEN JUST
COMPENSATION SHOULD BE PAID
sir won't ask the regulations sa exam