AGRARIAN LAW by Barte

INTRODUCTION
A. DEFINITIONS AND TERMS
Reform presupposes that something is defective, hence, needs
reformation and correction.
Land Reform denotes a broad concept of conventional and
revolutionary measures intended to correct certain defects in the
relationship between landowner and tiller regarding their rights and
obligations in the cultivation and management of landholding.
Agraran Reform refers not only to land reform but also
embraces a full range of measures designed to improve the
relationship between landowner and tiller, employer and employee,
corporate management and stockholders, cooperatives and
members, and other farmers organizations including their
economic, social and political relations with the community and the
government.
Comment!"
Under the Comprehensive Agrarian eform !aw of "##$ %.A. &o.
''()*, Agrarian eform is de+ned as the redistribution of lands,
regardless of crops or fruits produced, to farmers and regular
farmworkers who are landless, irrespective of tenurial arrangement.
AGRARIAN STRUCTURE
efers to that comple, set of relationships within the agricultural
sector between tenure structure, production structure and
structure for supporting services.
#. Land Ten$re Str$%t$re is a concept that connotes one or
more types of land tenure system regulating the rights to
ownership and control and usages of land and the duties
accompanying such rights.
a. Agr%$&t$ra& Tenan%y refers to the manner of holding
agricultural lands.
b. S'are Tenan%y under this system of landholding, tillers
work the land as sharecroppers entitled to share in the
produce of the land.
c. Lea!e'o&d Tenan%y is a tenurial system which was
instituted by .A. &o. -$.. %Code of Agrarian eforms*
characterized by lessor and lessee relationship which is
created either by written or oral agreement between the
parties or impliedly by acceptance of bene+ts by the
landowner, or by an act of cultivation thru the toleration of
the owner.
Comment!"
!easehold relationship abolished the share tenancy system under
the ice /hare 0enancy Act of "#-- as amended, 1.2. &o. 3) was
issued by then 1resident 4erdinand 5arcos which aside from
upholding the leasehold relationship, likewise ordained the
emancipation of tenant6farmers from the bondage of the soil, and
considered them ipso facto owners of the lands they till primarily
devoted to rice and corn.
1.2. &o. 3) %0enants 7mancipation 2ecree* likewise +,ed the
retention limit for the landowner an area not e,ceeding seven %)*
hectares, provided, that such landowner is cultivating or will now
cultivate the land, and furthermore, that he does not own other
agricultural lands of more than seven %)* hectares.
d. Amort(ng O)ner a tenant6farmer whose status had
been raised automatically by operation of law from
leasehold tenant to that of amortizing owner, who makes
repayments of the purchase price of the land he tills to the
!and 8ank.
e. F$&& O)ner or O)ner*C$&t+ator is an amortizing owner
%tenant6farmer* who has completed full payment of his
amortization to the !and 8ank of the 1hilippines, and is
therefore entitled to a certi+cate of title under the 0orrens
/ystem.
Comment!"
Under .A. &o. -$.., as amended by .A. &o. '-$#, there are three
shifts in the conversion of the tenurial status of tenant6farmer to
full owner, namely9 share tenant to leaseholder to amortizing
owner, and from amortizing owner to full owner %owner6cultivator*.
An amortizing owner by operation of law %1.2. &o. 3)* is entitled to
an 7mancipation 1atent which serves as a farmholders provisional
title of ownership to the land upon completion of his amortization
repayments to the !and 8ank, or to the !andowner in cases of
farmers who have been amortizing their lands with the landowner.
f. O)ner*C$&t+ator is the term applied to a tenant farmer
who has attained the status of full owner and :uali+ed
bene+ciary under the Agrarian eform !aw of the
1hilippines.
,. -rod$%ton Str$%t$re is a concept that refers to the use of
the land, nature and method of farm operation, and the process of
production.
.. Str$%t$re for S$//ortng Ser+%e! is an agrarian reform
measure designed to help the tenant tiller in the availment of
credit facilities, marketing of his products, supplying of seeds,
insecticides, fertilizers, irrigation, storage, processing and other
technical assistance ; services in direct bearing to reforms of tenure
and production structures.
0ISTORICAL BAC1GROUND
7ven before the /paniard came into these <sland, the idea of
private ownership of land was not prevalent. !and was commonly
owned by the community or barangay, cultivated communally or
individually by members of the barangay.
=hen the /paniard came in "(3", common ownership of land
slowly took the backseat, and private property became dominant,
paving the way to Encomienda system.
0he encomienda was a vehicle used to collect ta,es from 4ilipinos,
who tilled the land and surrendered part of their produce to the
encomendero as tribute in the form of agricultural crops, poultry,
woven mats, etc. 0owards the end of the "$
th
century, there was a
mad scramble for wealth thru world trade. 0hus, encomienda were
replaced by haciendas.
CONSTITUTIONAL MANDATES ON AGRARIAN REFORM
0he state shall promote a >ust and dynamic social order that will
free the people from poverty through policies ade:uate social
services, promote full employment, a rising standard of living, and
an improve :uality of life for all.
0he state shall promote a comprehensive rural development and
agrarian reform.
0he /tate shall, by law, undertake an agrarian reform program
founded on the right of the farmers and regular farmworkers, who
are landless, to own directly or collectively the lands they till or, in
the case of other farmworkers, to receive a >ust share of the fruits
thereof. %Art. ?<<<, /ocial @ustice and Auman ights, /ec. .*.
CONTEM-ORANEOUS -RECE-TS AND MEASURES
<n order to implement the "#$) Constitution, Congress passed the
Comprehensive Agrarian eform !aw of "#$$. %.A. &B. ''()*
which was signed into law by the 1resident of the 1hillippines on
@une "C, "#$$, and took eDect on @une "(, "#$$. 0his is the main
law on agrarian reform in the 1hilippines today. 0he CA! provides
that all other laws on agrarian reform not contrary or inconsistent
with the provisions of this Act shall have suppletory eDect.
LAND REFORM MEASURES RETRACED
Treaty of -ar! 2#3435 the con+scation of friar lands and
distributed among peasants by the independent government of
5alolos during the 1hilippine evolution.
-'&//ne B&& 2#46,5 !imited private individual landholdings to
"' hectares, and corporate landholdings to ",C3. hectares.
Land Reg!traton! A%t 2#46,5 !andowners were re:uired to
register their landholdings and ac:uire 0orrens titles to land
properties.
Frar Land A%t <nstituted transfer of friar lands to the tenants to
diDuse the peasant unrest.
R%e S'are Tenan%y A%t 2-$b&% A%t No. 76875 * which
provided for a (C6(C sharing of the crop, an interest rte ceiling of
"C percent per crop year, and safeguards against arbitrary
dismissal of tenants by landlords.
Common)ea&t' A%t.No. ,93 of #4.3 to buy farms and large
estates for subletting to bona+de occupants with an option to buy,
thru the &ational !and /ettlement Administration %&!/A*.
S$gar Cane Tenan%y Contra%t! A%t. 2A%t. No. 7##.5 makes it
a duty of the sugar central to e,hibit to the tenant the receipts of
the number of tons milled by the landowner thereat.
Common)ea&t' A%t. No. #6. created the Court of <ndustrial
elations %C<* which e,ercised >urisdiction over disputes arising
from relationship between agricultural workers and landowners.
Common)ea&t' A%t. No. ,#. deals with the right to form
legitimate labor organizations and to enter into collective
bargaining agreements between management and labor.
Common)ea&t' A%t No. #93 which improved the provision of
Act &o. .C(. the ice /hare 0enancy Act, giving more teeth and
protection to the rights of tenants of agricultural lands.
Re/$b&% A%t. No. .7 amended certain /ections of the ice
/hare 0enancy Act providing for a )C -C crop sharing method.
Re/$b&% A%t No. ##:6 established the &ational esettlement
and ehabilitation Administration %&AA* of landless dissidents
and other landless farmers.
Re/$b&% A%t No. ##44 %Agricultural 0enancy Act* infused an
added boost to the tenurial rights of tenant tiller.
Land Reform A%t 2R.A. No. #766; #4885 6 guaranteed the
e,propriation of all tenanted landed estates. <t set a retention limit
of -CC hectares for individually owned estates, and 'CC hectares
for corporate owned estates.
Re/$b&% A%t. No. #,:9 An Act Creating the Court of Agrarian
elations to try and decide all matters arising from the relationship
of persons in the cultivation and use of agricultural lands.
Re/$b&% A%t. No. .377 marked the abolition of share tenancy
and ; or the system of share cropping between landowner and
tenant, and the automatic conversion of share tenants into
leaseholders.
Re/$b&% A%t No. :.34 2Code of Agraran Reform!5 an
improvement of .A. &o. -$.., this amendatory Act featured the
creation of the 2epartment of Agrarian eforms %2A*.
Agraran Reform S/e%a& F$nd A%t 2Re/. A%t. No. :.465
provided for a special account and +nancial support for the
Agrarian eform 1rogram of the government.
-re!denta& De%ree No. , declaring the entire nation as a land
reform area.
-re!denta& De%ree No. ,9 decreeing the emancipation of the
tenants, transferring to them the ownership of the land they till.
-ro%&amaton No. #.# <nstituting a comprehensive agrarian
reform program which covers, all public and private agricultural
lands as provided in the Constitution.
E<e%$t+e Order No. ,,3 2eclaring full landownership to
:uali+ed bene+ciaries covered by 1residential 2ecree &o. 3).
E<e%$t+e Order No. ,,4 1roviding for the mechanisms for the
implementation of the comprehensive agrarian reform program,
creating the 1residential Agrarian eform Council %1AC*.
E<e%$t+e Order No. #,4*A 5odifying 7,ecutive Brder &o. "3#,
reorganizing and strengthening the 2epartment of Agrarian eform.
Re/$b&% A%t No. ::89 6 As primary agrarian land reform
measure in the country today, its operation covers all public and
private agricultural lands, including other lands of the public
domain suitable for agriculture.
C0A-TER I
AGRICULTURAL LEASE0OLD CONCE-T
A. AGRICULTURAL LAND REFORM CODE 2Re/. A%t. No. .3775
RE-UBLIC ACT No. .377 A$g$!t 3; #4:.
AN ACT TO ORDAIN T0E AGRICULTURAL LAND REFORM CODE
AND TO INSTITUTE LAND REFORMS IN T0E -0ILI--INES...
RE-UBLIC ACT No. .377
AN ACT TO ORDAIN T0E AGRICULTURAL LAND REFORM CODE
AND TO INSTITUTE LAND REFORMS IN T0E -0ILI--INES;
INCLUDING T0E ABOLITION OF TENANC= AND T0E
C0ANNELING OF CA-ITAL INTO INDUSTR=; -RO>IDE FOR T0E
NECESSAR= IM-LEMENTING AGENCIES; A--RO-RIATE
FUNDS T0EREFOR AND FOR OT0ER -UR-OSES
Se%ton #. Title * T'! A%t !'a&& be ?no)n a! t'e Agr%$&t$ra&
Land Reform Code.
#. -REFATOR= STATEMENTS
0he thrust of this legislation is the drastic abolition of share tenancy
system. <t provided for the automatic conversion of the
sharecropper to the status of an agricultural lessee, governed by
the system of agricultural leasehold which is established either9
a. by agreement of the parties, whether oral or written, or
b. by operation of law.
0he Agricultural !and eform Code still +nds application to the
following9
a. areas which have not come within the operation and
implementation of 1.2. &o. 3)E
b. agricultural laborers sub>ect to the provisions of the !abor
CodeE
c. organization and operation of the !and 8ankE
d. provisions on resettlements of farmersE
e. right to pre6emption and redemption, with respect to land6
owners retained area, should such landowner decide to sell
his tenanted ; leased retained area, the tenant has the
preferential right to purchase and ; or redeem the same in
case the land is sold to a third person without the tenants
knowledgeE
f. right of the tenant ; lessee to )(F share from the standing
cropsE
T'ree !'ft! n t'e mode of a%@$!ton
a. 0he automatic conversion of the status of share tenant to
leaseholder characterized by payment of +,ed rentalsE
b. 0he second shift which is the conversion of the leaseholder
to amortizing owner, characterized by the !and 8ank
purchase of the property with a concomitant obligation
imposed on the tenant6lessee to pay !and 8ank on
amortization basis the purchase price of the farmholdingE
c. 0he third shift which converts the status of an amortizaing
owner into full owner or owner6cultivator upon full payment
of the remaining balance of the amortization.
Se%ton .. Composition of Code 6
". An agricultural leasehold system to replace all e,isting share
tenancy systems in agricultureE
3. A system of crediting rental as amortization payment on
purchase priceE
-. A declaration of rights for agricultural laborE
.. A machinery for the ac:uisition and e:uitable distribution of
agricultural landE
(. An institution to +nance the ac:uisition and distribution of
agricultural landE
'. A machinery to e,tend credit and similar assistance to
agricultural lessees, amortizing owners6cultivators, owners6
cultivator and cooperativesE
). A machinery to provide marketing, management and other
technical assistance and ; or services to agricultural lessees,
amortizing owners6cultivators, owner6cultivator,
cooperativesE
$. A machinery for cooperative developmentE
#. A department for formulating and implementing pro>ects of
agrarian reformE
"C. An e,panded program of land
"". A >udicial system to decide issues arising under this Code.
"3. A machinery to provide legal assistance to agricultural
lessees, amortizing owners6cultivator, and owners6cultivator.
Re/ayment S%'eme and Credt A!!!tan%e
A$r!d%ton on Agraran D!/$te!
All agrarian disputes are now under the cognizance of the
2epartment of Agrarian eform thru the Agrarian eform
Ad>udication 8oard.
0he 2epartment of Agrarian eform Ad>udication 8oard %2AA8* in
turn delegates its functions to the respective egional and
1rovincial Ad>udicators of the 2A. Any decision, order, award or
ruling of the 2A on any agrarian dispute, may be brought to the
Court of Appeals on certiorari.
S/e%a& Agraran Co$rt!
Under the present law %.A. &o. ''()* all controversies involving
the determination of >ust compensation and prosecution of all
criminal oDenses arising from violations of the provisions of this
Act, fall under the original and e,clusive >urisdiction of /pecial
Agrarian Courts.
B$rea$ of Agraran Lega& A!!!tan%e
0hey shall be responsible for the development of plans and
programs for the e,tension of legal information to farmersE
e,tension of legal services to them.
DEFINITION OF TERMS
Agr%$&t$ra& &and means land devoted to any growth, including
but not limited to crop lands, saltbeds, +shponds, idle land and
abandoned land.
Agr%$&t$ra& &e!!ee means a person who by himself and with
the aid available from within his immediate farm household,
cultivates the land belonging to, or possessed by, another with the
latters consent.
Agr%$&t$ra& &e!!or means a person, lets or grants to another
the cultivation and use of his land for a price certain.
Agr%$&t$ra& year means the period of time re:uired for raising a
particular agricultural product.
Farm m/&ement! means hand tools or machineries in a farm
enterprise.
Immedate farm 'o$!e'o&d 6 means the members of the family
of the lessee or lessor and other persons who are dependent upon
him for support.
-ro+en farm /ra%t%e! means sound farming practices.
-er!ona& %$&t+aton means cultivation by the lessee or lessor in
person.
Wor? anma&! means animals ordinarily employed in a farm
enterprise.
Agraran d!/$te means any controversy relating to terms,
tenure or condition of employment, or concerning an association or
representation of persons in negotiating, maintaining, changing or
seeking to arrange terms on conditions of employment.
Agr%$&t$ra& o)ner*%$&t+ator means any person who,
personally cultivates his own land.
Far renta& +a&$e means the value not in e,cess of allowable
depreciation plus 'F interest per annum.
In%a/a%ty means any cause or circumstance which prevents the
lessee from ful+lling his contractual and other obligations under the
Code.
Mode! of Land Ten$re A&&o)ed $nder R.A. No. .377
". Lea!e'o&d !y!tem characterized by a tenant farmer
personally and actually cultivating the farmholding under a
leasehold relationship whereby the lessee pays a +,ed
amount of rental whether in cash or in kind to the lessor.
,. S'are tenan%y
.. O)ner*%$&t+ator!'/
.. Coo/erat+e*%$&t+ator!'/ which is a form of agrarian
relationship among members of a cooperative who work and
live on the land as tillers in common.
(. Labor admn!traton which employs laborers and
workers on a daily wage basis, and engaged in a large scale
plantation farming of permanent crops by their respective
managers.
0o) Lea!e'o&d Re&aton ! E!tab&!'ed
". by agreement of the parties
3. by operation of law implementation of .A. &o. -$.. providing
for the abolition of share tenancy.
-arte! to Lea!e'o&d Re&aton
". the landholder
3. the person who personally cultivates the land.
ESSENCE OF LEASE0OLD RELATION
". <t is essentially personal, in the sense that it cannot be
e,ercised by third persons other than the lessor himself, and
the lessee who personally cultivates the landE
3. <t has the nature of an in rem or real relationship, because it
imposes a burden upon the land sub>ect of the landholding
and continues to e,ist even by the death or incapacity of
either party, or the e,piration of the agreement.
Ten$ra& Arrangement of Lea!e'o&d
<t makes it a penal oDense to e>ect a tenant illegally from his
holding e,cept upon approval of the court.
Do%trne on !e%$rty of &and ten$re
/ecurity of land tenure Gthe agricultural leasehold relation under
this Code, shall not be e,tinguished by mere e,piration of the term
or period in the leasehold contract, in case the agricultural lessor
sells, alienates of transfers the legal possession of the landholding,
the purchaser or transferee thereof shall be subrogated to the
rights and substituted to the obligations of the agricultural lessor.H
<n order to possess the status of a de jure tenant, the following
essential requisites must concur, to wit9
". the parties are the landowner and the tenantE
3. the sub>ect is agricultural landE
-. there is consentE
.. the purpose is agricultural productionE
(. there is personal cultivationE
'. there is sharing of harvests.
0he absence of one does not make an occupant of a parcel of land
or a cultivator thereof, a de >ure tenant, hence cannot invoke the
defense of security of tenure.
W'at t'en %on!tt$te! a! fam&y*!(e farm !o a! to g+e r!e
to tenan%y re&aton!'/B
Fam&y*!(e farm an area of farmland that permits eIcient use
of labor and capital resources of the farm family and will produce
an income suIcient to provide a modest standard of living to meet
a farm familys needs for food, clothing, shelter, and education with
possible allowance for payment of yearly installments on the land,
and reasonable reserves to absorb yearly Juctuations in income.
W'at no) ! t'e eCe%t of t'e &a) to %$&t+ator*t&&er of a &e!!
t'an fam&y*!(e farm!B
/uch landholder6tiller or tiller6sharer, is at most considered as a
mere caretaker before the eyes of the law who is not entitled to the
security of tenure.
S'o$&d t'e &and'o&dng be !o&d or a&enated to a ne) o)ner;
)'at 'a//en! to t'e rg't! and ob&gaton! of t'e
tran!feree and '! 'er!B
0he transferee and his heirs are subrogated to the rights and
obligations of the former landowner. Aowever, the change of
landowner cannot be allowed to raise the status of a mere
caretaker or tiller sharer to that of an agricultural tenant and
leaseholder.
Ca$!e! for E<tng$!'ment of Lea!e'o&d Re&aton
". Abandonment of the landholdingE
3. Koluntary surrender of the landholdingE
-. Absence of successor or :uali+ed heir, in case of death or
permanent incapacity of the lesseeE
.. @udicial e>ectment of the lesseeE
(. Ac:uisition by the lessee of the landholdingE
'. 0ermination of the leasehold under /ec. 3$E
). 5utual consent of the partiesE
$. Conversion of the landholding for non6agricultural purposes.
Ob&gaton! of t'e Le!!ee!
". 0o cultivate and take care of the farm as a good father of a
family
3. 0o inform the agricultural lessor any trespass committed by
third persons upon the farmE
-. 0o take reasonable care of the work animals and farm
implements delivered to him by the agricultural lessor, he
shall be held responsible and made answerable therefore to
the e,tent of the value of the work animals and ; or farm
implements at the time of the loss, death or destructionE
.. 0o keep his farm and growing crops attended to during the
work season. <n case of un>usti+ed abandonment all of the
e,pected produce, any upon order of the court be forfeited
in favor of the agricultural lessor.
(. 0o notify the agricultural lessor at least three %-* days before
the date of harvestingE
'. 0o pay the lease rental to the agricultural lessor when it falls
due.
/ection 3', .A. &o. -$.., empowers the lessee to take direct
action against any trespasser to the landholding without waiting for
the response from the lessor.
-ro'bton! to Agr%$&t$ra& Le!!ee
a. 0o contract to work additional lanholdings belonging to a
diDerent agricultural lessorE
b. 0o ac:uire and personally cultivate a family6size farm
without knowledge and consent of the agricultural lesorE
c. 0o employ a sub6lessee.
Termnaton of Lea!e'o&d by t'e Le!!ee
". Cruel, inhuman or oDensive treatment of the agricultural
lessee by the agricultural lessorE
3. &on6compliance on the part of the agricultural lessor with
any of the obligations imposedE
-. Compulsion of the agricultural lessee by the agricultural
lessor to do any work not in any way connected with farm
workE
.. Commission of a crime by the agricultural lessor against
the agricultural lessee
(. Koluntary surrender due to circumstances more
advantageous to him and his family.
Rg't! of t'e Agr%$&t$ra& Le!!or
". 0o inspect and observe the e,tent of compliance of their
contract and the provision of this ChapterE
3. 0o propose a change in the use of the landholding to other
agricultural purposes. <n case of disagreement, the same
shall be settled by the Court %&ow Ad>udication 8oard*E
-. 0o ac:uire the agricultural lessee, to adopt in his proven
farm practices necessary to the conservation of the land,
improvement of its fertility and increase its productivity9
0hat in case of disagreement as to what proven farm
practice the lessee shall adopt, the same shall be settled by
the court %now the 2AA8*E
.. 0o mortgage e,pected rentals.
Ob&gaton! of t'e Le!!or
". 0o keep the lessee in peaceful possession and cultivation of
his landholdingE
3. 0o keep intact the permanent useful improvements e,isting
on the landholding.
0he lessee may seek relief from the nearest egional Agrarian
eform Ad>udicators %AA2* or the 1rovincial Agrarian eform
Ad>udicators %1AA2* to compel the agricultural lessor to comply
with this obligation in case of refusal, neglect or resistance on the
part of the lessor.
-ro'bton to t'e Agr%$&t$ra& Le!!or
". 0o dispossess the agricultural lessee of his landholding
e,cept upon authorization by the court under /ection -'.
3. 0o re:uire the agricultural lessee to assume, the payment
of the ta,es on the landholdingE
-. 0o re:uire the agricultural lessee to assume, any part of
the rent, to pay to third persons for the use of the landE
.. 0o deal with millers or processors without written
authorization of the lesseeE
(. 0o discourage, the formation, maintenance or growth of
unions or organizations of agricultural lessees in his
landholding.
Gro$nd for D!/o!ton of Agr%$&t$ra& Le!!ee
". =hen the landholding is declared by the 2epartment Aead
to be suited for residential, commercial, industrial or some
other urban purposesE
3. 4ailure to comply with any of the of the terms and conditions
of the contract of leaseE
-. 1lanting of crops or used the landholding for a purpose
other than what had been previously agreed uponE
.. 4ailure to adopt proven farm practices as determined under
paragraph - of /ection twenty6nineE
(. =hen through fault or negligence of the lessee, the land or
other substantial permanent improvement thereon is
substantially damaged or destroyed or has reasonably
deterioratedE
'. 4ailure to pay the lease rental when it falls dueE
). 7mployment of a sub6lessee.
0he above causes are grounds for e>ectment of an agricultural
lessee only after observance of due process.
Le!!eeD! Rg't of -re*em/ton and Redem/ton
<n case the agricultural lessor decide to sell the landholding, the
agricultural lessee shall have the preferential right to buy the same
under reasonable terms and conditions9 each shall be entitled to
said preferential right only to the e,tent of the area actually
cultivated by him. 0he right of pre6emption may be e,ercised
within one hundred eighty %"$C* days from notice in writing, which
shall be served by the owner on all lessees aDected and the
2epartment of Agrarian eform.
Ae must either tender payment of, or present a certi+cate from the
!and 8ank that it shall make payment pursuant to /ec. $C of this
Code. <f the latter refuses to accept such tender or presentment,
he may consign it with the Court.
Any dispute as to reasonableness of the terms and conditions, may
be brought by the lessee or by the 2epartment of Agrarian eform
to the proper Court of Agrarian elations.
Comment!"
0he right of pre6emption as distinguished from redemption, is the
right to purchase the property from the agricultural lessor by the
lessees which is e,ercised before it is sold to a third person other
than the lessee.
0he lessee may consign the purchase money with the 2epartment
of Agrarian eform.
Le!!eeD! Rg't of Redem/ton
<n case the landholding is sold to a third person without the
knowledge of the agricultural lessee, the latter shall have the right
to redeem the same at a reasonable price and consideration9
where there are two or more agricultural lessees, each shall be
entitled to said right of redemption only to the e,tent of the area
actually cultivated by him. 0he right of redemption under this
/ection may be e,ercised within one hundred and eighty days from
notice in writing.
Upon the +ling of the petition, the said period o one hundred and
eighty days shall cease to run.
Any petition shall be resolved within si,ty days.
0he 2epartment of Agrarian eform shall initiate, while the !and
8ank shall +nance, said redemption as in the case of pre6emption.
Rg't to Se&f*organ(aton
0he farmworkers shall have the right to self6organization and form,
>oin or assist farmworkers organizations of their own choosing for
the purpose of collective bargaining through representatives of
their own choosing.
B&& of Rg't! for Agr%$&t$ra& Labor"
". ight to self organizationE
3. ight to engage in concerted activities.
-. ight to minimum wageE
.. ight to work for not more than eight hoursE
(. ight to claim for damages for death or in>uries sustained
while at workE
'. ight to compensation for personal in>uriesE death or illnessE
). ight against suspension or lay6oD.
Comment!"
0he right to self organization includes the right to strike and hold
picket in order to compel the management in the case of large
scale plantations and multinational corporations to meet the
demands of the farm workers for wage increase and better working
conditions.
Irrgaton Fa%&te!
1ermanent irrigation system may be constructed at the e,pense of
the lessor9
". /hould the lessor refuse to bear the e,penses, he should not
be entitled to the increase in rental and shall upon the
termination of the leasehold relationship pay the lessee or
his their the reasonable value of the improvements at the
time of the terminationE
3. /hould the lessor bear e,penses he shall be entitled to an
increase in the rental proportionate to the resultant increase
in production.
Management of Irrgaton Sy!tem
". =hen constructed and operated by the government.
!essees either as individuals or groups shall allocate not
more than 3(F of their rental collection to the government.
3. <rrigation systems installed and ; or constructed at e,pense
of landowner or agricultural lessor ac:uisition of these
irrigation system shall be initiated by the 2A to be
+nanced by the !and 8ank.
Lea!e of R%e&and! and Land! De+oted to Ot'er Cro/!
". 3(F of the average normal harvest shall be the amount
of rental for ricelands or estimated normal harvest during
the three %-* agricultural years immediately preceding the
establishment of the leasehold after deducting the
e,penses for seeds, cost of harvesting, threshing, loading,
hauling and processingE
3. Average normal harvest for three %-* preceding years.
-. &o agreement as to rental the court %now 2A* shall +, a
provisional rental until +,ed rental is determined within
%-C* days from submission of the case for decision.
Amort(aton -ayment for Land $nder Lea!e'o&d9
0he rentals paid by the lessee to the lessor at the place agreed
upon by the parties shall be credited as amortization payments for
the purchase price of the landholding titled by the leasee9
a* =hen the landholding is e,propriated by the governmentE
b* =hen it is redeemed.
=hatever balance remaining after crediting as amortization the
rental paid, the same may be +nances by the !and 8ank in the
same ratio and mode of payment provided under /ection $C of the
Code.
2efault on the 1art of the !essee9 /hould the lessee incur default
in the payment of at least three %-* installments on the loan, the
lender shall immediately notify the !and 8ank and the 2A so that
appropriate steps shall be taken by these agencies9
a* to answer for the default in case the failure is due to
fortuitous event
b* to take over the ownership and administration of the
landholding.
=here the case of the default is attributable to the lessee, the 2A
shall endeavor to substitute the defaulting amortization owner. <n
case the default is due to fortuitous event, the !and 8ank shall
assume the payment of the balance and the farmer shall be
released from his obligation.
-erod of -re!%r/ton
An action to enforce any cause of action accruing under this Code
%.A. &o. -$..* shall be brought within the period of three %-*
years.