AGRARIAN LAW AND SOCIAL

LEGISLATION
By: Espera, Jielene Kelly E.
Question No. 16

 Can an agricultural tenancy be established on land in a residential subdivision

which have been cultivated with consent of the subdivision owner?

 An agricultural leasehold cannot be established on land

which has to be ceased to be devoted to cultivation or
farming because of its conversion into residential
subdivision.
NATALIA REALTY vs. DAR

 Sec. 4 of RA 6657 states that the CARL covers "regardless of tenurial arrangement and
commodity produced, all public and private and agricultural lands" and as per the
transcripts of the Constitutional Commission, "agricultural lands" covered by agrarian
reform refers only to those which are "arable and suitable lands" and "do not include
commercial, industrial and residential lands." The land subject of the controversy has been
set aside for the Lungsod Silangan Reservation by Proclamation No. 1637 prior to the
effectivity of RA 6657 and in effect converted these lands into residential use. Since the
Natalia lands were converted prior to 15 June 1988, DAR is bound by such conversion, and
thus it was an error to include these within the coverage of CARL.
 Question No. 17

 Define the following: (a) public domain (b) government lands (c) private agricultural lands
and (d) commercial farms

a) Public domain refers to lands which the government has propriety rights.
b) Government lands includes both public lands and other lands of the government already
reserved for or devoted to public use or subject to private rights.
c) Private agricultural lands are those devoted to agricultural activities and which are under
the effective control and disposition of natural or juridical persons.
d) Commercial farms are private agricultural lands devoted to commercial livestock, poultry
and swine raising, agriculture including salt beds, fishponds, and prawn ponds, fruit farms,
orchard, vegetables and cut-flower farms, and cacao, coffee and rubber plantation.
Question No. 18

 Explain briefly the: (a) Leasehold System, and (b) Share Tenancy System

a) Leasehold System is characterized by a tenant-farmer personally and actually cultivating

the farm holding under the leasehold relationship whereby the lessee pays a fixed amount
of rental whether in cash or in kind to the lessor (owner or legal possessor of the land).
b) Share Tenancy means the relationship which exist whenever two persons agree on a joint
undertaking for agricultural production wherein one party furnishes the land and the other
his labor, with either or both contributing anyone or several of the items of production, the
tenant cultivating the land personally with the aid or labor form the members of his
immediate farm household, and the produce thereof to be divided between the
landholder and the tenant.
 Question No. 19

 What is the effect of the abolition of the share tenancy system?

 The repeal of the Agricultural Tenancy Act and the Enactment of the Agricultural Land
Reform Code marked the movement not only towards the leasehold system but towards
eventual ownership of the land by its tillers. The phasing out of share tenancy was never
intended to mean a reversion of tenants into mere farmhands or hired laborers with no
tenural rights whatever.

 The right of the share tenant did not end with the abolition of the share tenancy.
Agricultural share tenants are given the right to leasehold tenancy as a first step towards
the ultimate status of owner-cultivator, a goal sought to be achieved by the government
program of land reform.
 The landowner cannot use the enactment of the Agrarian Reform Code as a basis to
setback or eliminate the tenural rights of tenants. (Guerrero vs. Court of Appeals: May 30,
1986)
Question No. 20

Share Tenancy Leasehold Tenancy

Tenant has physical possession of another’s Lessee pays the land owner a fixed rent for
land for the purpose of cultivating it; giving the use and cultivation of the land.
the owner the share of the property
Tenant may choose the shoulder in addition The tenant/lessee always shoulders all items
to labor, any one or more items of production of production except land.

Tenant and the landholder are co-managers
of the farm holding
Tenant and the landholder divide the harvest
in proportion to their contributions
the tenant is the sole manager of the of the
farm holding
The tenant or the lessee gets the whole
produced with the mere obligation of paying
rental.
 Question No. 20

 Give the distinction between share tenancy and leasehold tenancy systems:

 In share tenancy, tenant has physical possession of another’s land for the purpose of
cultivating it giving the owner the share of the property, while in leasehold tenancy, lessee
pays the land owner a fixed rent for the use and cultivation of the land.

 In share tenancy, the tenant may choose the shoulder in addition to labor, any one or
more items of production such as farm implements, work animals, cost of final harrowing
and trans planting, while in leasehold tenancy, the tenant/lessee always shoulders all
items of production except land.
 In share tenancy, the tenant and the landholder are co-managers of the farm holding,
while in leasehold tenancy, the tenant is the sole manager of the of the farm holding.

 In share tenancy, the tenant and the landholder divide the harvest in proportion to their
contributions, while in leasehold tenancy, the tenant or the lessee gets the whole
produced with the mere obligation of paying rental.