Law 5 and 7: LAND REFORM LAWS

RA 1199

August 30, 1954

AGRICULTURAL TENANCY ACT OF THE PHILIPPINES

Diosdado Macapagal

Who is the father of agrarian reform in the Philippines?

landholders, tenants

An act to govern the relations between _____________ and_________ of agricultural lands

(RA 1199)

BAPE

objectives?

(RA 1199)

B: Bolster economic position

A: Afford adequate protection to the rights of tenants and landholders

P: Provide tenant-farmers with incentives

E: Establish agricultural tenancy relations

BAPE?

(RA 1199)

Agricultural Tenancy

• physical possession by a person of land devoted to agriculture belonging to or legally possessed by another for the purpose of production through labor and former agrees to share harvest or pay a price to the latter.

(RA 1199)

Share Tenancy and Leasehold Tenancy

Systems of Agricultural Tenancy

(RA 1199)

Share Tenancy

• two persons agree on a joint undertaking for agricultural production; one party furnishes the land, the other his labor with either or both contributing any one or several of the items of production. The produce is divided in proportion to their respective contributions.

(RA 1199)

Leasehold Tenancy

• a person, alone or with aid, undertakes to cultivate a piece of agricultural land belonging to or legally possessed by another; a price certain or ascertainable is to be paid by the person cultivating the land either in percentage of production or fixed amount in money or in both.

(RA 1199)

Tenant

one who cultivates the land belonging to another

(RA 1199)

Landholder

• natural or juridical person who owns or legally possess a land and grants another to cultivate it

(RA 1199)

Agricultural year

period of time necessary for raising of seasonal agricultural products from preparation of land to harvesting the crop; harvest to harvest

(RA 1199)

Farm implements

• hand tools or machines ordinarily employed in farm enterprise

(RA 1199)

Work animals

• animals in farm enterprise, carabao etc

(RA 1199)

Pulling of seedlings

• seedlings are uprooted from seed beds before transplanting

(RA 1199)

Final harrowing

• last stage in pulverizing soil into fine particles

(RA 1199)

Reaping

• cutting of rice stalks

(RA 1199)

Harvesting

• gathering of fruits or produce of a crop other than rice

(RA 1199)

6%,

5%,

5%,

10%

Fair Rental Value - amount of money not in excess of allowable depreciation plus _____% interest per annum on the investment; for work animals and farm implements less than ____% of gross harvest animals and _____% for implements; rental shall not exceed _____% for combined services

(RA 1199)

Auxiliary crop

• any crop raised or product raised other than the crop to which cultivation of land is principally devoted.

(RA 1199)

Tenancy Relationship

Juridical tie which arises between a landholder and a tenant once they agree, expressly or impliedly to undertake jointly the cultivation of land

(RA 1199)

until and unless he is evicted of his holdings for any just causes.

so merong security of tenure ang mga tenants. Hindi ka basta-basta mapapaalis salupa unless may mabigat na cause.

Dito sa 1199, landholder-tenant lang, hindi na extended sa iba! (pwede naman basta hanggang katapusan ng agricultural year lang) Extinguished na pag namatay na si tenant. Di na pwede ipasa sa anak.

Juridical tie which arises between a landholder and a tenant once they agree, expressly or impliedly to undertake jointly the cultivation of land under chosen system, as a result of which relationship the tenant acquires the right to continue working on and cultivating the land until and unless he is evicted of his holdings for any just causes.

(RA 1199)

a) quadruplicate

b) language or dialect

c) 2 copies - each party, then 1 for municipal treasurer, one for the court.

[CONTRACT OF TENANCY]

a) in writing drawn in _____________ is necessary in order to be conclusive as evidence.

b) shall be written in the _________ or ________known to all parties.

c) Each party is given a copy of the contract

Third copy - ___________

Fourth copy - forwarded to____________

(RA 1199)

d) 8% - pag nagkaroon ng utang ang tenant sayo, hindi dapat lagpas sa 8% ang interest.

e) 10 days

-so kung rice, ang accounting ay 10 days after threshing

f) 5 days,

-kung processed ang crops, 5 days.

10%

kung kulang pa rin yung share para macover yung utang ni tenant, pwedeng iconvert sa pera pero not more than 10% per annum.

[CONTRACT OF TENANCY]

d) Interest on Loans and Advances: not exceeding ____% per calendar year

e) Final Accounting: rice - within _____ days after threshing

f) Crops in processed form - after sale and within _________days

(if share insufficient to cover tenant's debts, reduced to money but

interest not more than _____% pa)

(RA 1199)

25%, 25%, 500, 500

ito yung mga bagay na dapat maiiwan sa tenant. Hindi pwedeng gamitin pambayad.

[Exemption from Lien and/or Attachment]

-___________% of tenant's share of the products in share tenancy

-__________% of the entire produce in leasehold tenancy

-One work animal less than_________ pesos

-One of each kind of farm implements less than____pesos

(RA 1199)

RA 3844

AGRICULTURAL LAND REFORM CODE

wala na yung share tenancy under RA 3844

[Difference]

RA 1199: August 30, 1954

The law provided the security of tenure of tenants. It also created the Court of Agrarian Relations.

RA 3844: August 8, 1963 - Abolished share tenancy

• An agricultural leasehold system to replace all existing share tenancy systems

(RA 3844)

orally, impliedly

[Agricultural Leasehold Relation]