AGRARIAN AND SOCIAL LEGISLATION

1. Agrarian dispute (Sec. 3(d), RA 6657)

 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
representation of persons in negotiating, fixing, maintaining, changing, or
seeking to arrange terms or conditions of such tenurial arrangements.

It includes any controversy relating to compensation of lands acquired under

this Act and other terms and conditions of transfer of ownership from
landowners 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.

2. Elements of tenancy (De Jesus vs Moldex Realty, Inc., GR No. 153595)

a. The parties are the landowner and the tenant or agricultural lessee;

b. The subject of the relationship is agricultural land;

c. There is mutual consent to the tenancy between the parties;

d. The purpose of the relationship is agricultural production;

e. There is personal cultivation by the tenant or agricultural lessee; and

f. There is a sharing of harvests between the parties

3. Just compensation

 Factors: (Sec. 17, RA 6657)

 Cost of acquisition of land;

 Current value of the land;

 Nature, actual use and income of the land;

 Sworn valuation by the owner;

 Tax declarations;

 Assessment made by government assessors; as well as

 Social and economic benefits contributed by the farmers; and

 Nonpayment of taxes or loans secured from any government financing

institution.

 Just compensation is the fair market value of the property as between one who
desires but is not compelled to buy, and one who desires but is not compelled
to sell, fixed at the time of the actual taking by the government.
4. Conversion vs Reclassification

 Conversion is the act or process of changing the current physical use of a piece
of agricultural land into some other use or for another agricultural use other
than cultivation of the soil, planting of crops, growing of trees, including
harvesting of produce therefrom, as approved by DAR.

 Conversion of awarded lands by beneficiaries may only be conducted after the

lapse of five years from the granting of the award, if they are 1) no longer
economically feasible and sound for agricultural purposes, or the locality has
become urbanized, giving the subject lands economic value for residential,
commercial or industrial purposes. (Sec. 65, RA 6657 as amended by RA 9700)

 Reclassification refers to the act of specifying how agricultural lands shall be

utilized for non-agricultural uses such as residential, industrial, commercial, as
embodied in the land use plan of the LGU.

 Reclassification may be conducted via an ordinance under the following cases:

1) when the land is no longer economically feasible and sound for agricultural
purposes as determined by the DA or 2) where the land shall have substantially
greater economic value for residential, commercial, or industrial purposes.
(Sec. 20(a), RA 7160)

 Reclassification is limited to the following (Sec. 20(a), RA 7160):

a. Highly urbanized and independent component cities: 15%

b. Component cities and 1st to 3rd class municipalities: 10%

c. 4th-6th class municipalities: 5%

5. Beneficiaries of farmlands (Sec. 22, RA 6657):

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:

(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.

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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. x x x
6. Retention limits

a. Landowner – must not exceed five hectares (Section 6, RA 6657). Three

hectares may be awarded to the child of the landowner, provided that:

i. He is at least 15 years of age,

ii. That he is actually tilling the land

b. Beneficiary – must not own more than three hectares of agricultural land. (Sec.
23, RA 6657)

7. PD 27 vs RA 6657

 PD 27 covers private agricultural lands mainly used for the production of corn
and rice; on the other hand, RA 6657 applies to all private and public
agricultural lands.

 The retention limit under PD 27 is 7 hectares; in RA 6657, 5 hectares.

8. Redemption vs Pre-emption

 The right to redemption is the right to purchase a property already sold.

 The right to pre-emption is the right to purchase a property before it is sold.

9. Primary jurisdiction of the DARAB

 The DAR (DARAB) has primary jurisdiction to determine and adjudicate

agrarian reform matters and also has exclusive original jurisdiction over all
matters involving the implementation of agrarian reform except those falling
under the exclusive jurisdiction of the DA and DENR. (Sec. 50, RA 6657)

10. Remedy to loss with the DARAB

 Any decision x x x of the DAR (DARAB) may be brought to the Court of Appeals
by certiorari. (Sec. 54, RA 6657)

11. Limitation on the disposition of lands covered by emancipation patent (Sec. 27,
RA 6657)

 Lands acquired by beneficiaries under agrarian reform laws shall not be sold,
transferred or conveyed except:

a. through hereditary succession, or

b. to the government, or to the LBP or

c. to the other qualified beneficiaries.

 Lands conveyed to the government or LBP may be repurchased by the children

or spouse of the transferor for 2 years.

 Lands not fully paid may be transferred or conveyed to any heir of the
beneficiary, provided that the latter shall cultivate the land himself/herself.
12. Defense of agrarian dispute in the MTC

 The allegation that the case before the MTC is an agrarian dispute does not
automatically dismiss the said case. Instead, the case shall be submitted to
the DAR for determination of whether or not an agrarian dispute exists.
(Section 50-A, RA 6657 as amended by RA 9700)

13. Lands not covered by agrarian reform (Sec. 5, DAR AO No. 7, s. 2011)

Exempted from coverage are lands actually, directly, and exclusively used, and found
to be necessary for the following purposes:

a. Parks;

b. Wildlife;

c. Forest reserves;

d. Reforestation;

e. Fish sanctuaries and breeding grounds;

f. Watersheds;

g. Mangroves;

h. National defense;

i. School sites and campuses, including experimental farm stations operated by

public or private schools for educational purposes;

j. Seeds and seedlings research and pilot production centers;

k. Church sites and Islamic centers appurtenant thereto;

l. Communal burial grounds and cemeteries;

m. Penal colonies and penal farms actually worked by the inmates;

n. Government and private research and quarantine centers;

o. Fish ponds and prawn farms; and

p. Livestock, poultry, and swine raising since 15 June 1988.