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RA 3844 - Land Reform Act Excerpt

Republic Act No. 3844 established the Agricultural Land Reform Code in 1963 to abolish tenancy and channel capital into industry through land reforms. Section 36 provided exceptions for when an agricultural lessee could be dispossessed of their landholding, including if the owner intended to personally cultivate the land or convert it to non-agricultural use. Republic Act No. 6389 amended the code in 1995, changing the title to the Code of Agrarian Reforms of the Philippines and modifying Section 36(1) regarding dispossession if the land was declared suited for urban purposes.

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371 views1 page

RA 3844 - Land Reform Act Excerpt

Republic Act No. 3844 established the Agricultural Land Reform Code in 1963 to abolish tenancy and channel capital into industry through land reforms. Section 36 provided exceptions for when an agricultural lessee could be dispossessed of their landholding, including if the owner intended to personally cultivate the land or convert it to non-agricultural use. Republic Act No. 6389 amended the code in 1995, changing the title to the Code of Agrarian Reforms of the Philippines and modifying Section 36(1) regarding dispossession if the land was declared suited for urban purposes.

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REPUBLIC ACT No.

3844

AN ACT TO ORDAIN THE AGRICULTURAL LAND REFORM CODE AND TO


INSTITUTE LAND REFORMS IN THE PHILIPPINES, INCLUDING THE ABOLITION
OF TENANCY AND THE CHANNELING OF CAPITAL INTO INDUSTRY, PROVIDE
FOR THE NECESSARY IMPLEMENTING AGENCIES, APPROPRIATE FUNDS
THEREFOR AND FOR OTHER PURPOSES. August 8, 1963

Section 36. Possession of Landholding; Exceptions - Notwithstanding any agreement as to the


period or future surrender, of the land, an agricultural lessee shall continue in the enjoyment and
possession of his landholding except when his dispossession has been authorized by the Court in
a judgment that is final and executory if after due hearing it is shown that:

(1) The agricultural lessor-owner or a member of his immediate family will personally
cultivate the landholding or will convert the landholding, if suitably located, into
residential, factory, hospital or school site or other useful non-agricultural purposes:
Provided; That the agricultural lessee shall be entitled to disturbance compensation
equivalent to five years rental on his landholding in addition to his rights under Sections
twenty-five and thirty-four, except when the land owned and leased by the agricultural
lessor, is not more than five hectares, in which case instead of disturbance compensation
the lessee may be entitled to an advanced notice of at least one agricultural year before
ejectment proceedings are filed against him: Provided, further, That should the landholder
not cultivate the land himself for three years or fail to substantially carry out such
conversion within one year after the dispossession of the tenant, it shall be presumed that
he acted in bad faith and the tenant shall have the right to demand possession of the land
and recover damages for any loss incurred by him because of said dispossessions.

xxx

REPUBLIC ACT No. 6389

AN ACT AMENDING REPUBLIC ACT NUMBERED THIRTY-EIGHT HUNDRED AND


FORTY-FOUR, AS AMENDED, OTHERWISE KNOWN AS THE AGRICULTURAL
LAND REFORM CODE, AND FOR OTHER PURPOSES. February 23, 1995

Section 1. Section 1, 2, 3 and 4 of Republic Act No. thirty eight hundred and forty-four, otherwise
known as the Agricultural Land Reform Code, are hereby amended to read as follows:

"Sec. 1. Title. - This Act shall be known as the Code of Agrarian Reforms of the Philippines."

xxx

Section 7. Section 36(1) of the same Code is hereby amended to read as follows:

"(1) The landholding is declared by the department head upon recommendation of the National
Planning Commission to be suited for residential, commercial, industrial or some other urban
purposes: Provided, That the agricultural lessee shall be entitled to disturbance compensation
equivalent to five times the average of the gross harvests on his landholding during the last five
preceding calendar years;"

xxx

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