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Agrarian Laws and Social Legislation, Revisited School Year 2014-2015
Agrarian Laws and Social Legislation, Revisited School Year 2014-2015
Agrarian Laws and Social Legislation, Revisited School Year 2014-2015
(LAW 218)
1. the fact or process of being set free from legal, social, or political restrictions; liberation.
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Section 2.-Henceforth, the valuation of rice and corn lands covered by PD.
27 shall be based on the Average Gross Production (AGP) determined by the
Barangay Committee on Land Production (BCLP) in accordance with Department
Memorandum Circular No. 26, Series of 1973 and related issuances and
regulations of the DAR.
synonyms:
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Tenurial definition, the holding or possessing of anything: ... But in East Anglia there is no such
simplicity of arrangement, no such permanence of tenurial ...
Chapter IV- Implementing and Coordinating Mechanisms_
Section 17. QUASI JUDICIAL POWERS OF THE DAR- The DAR is hereby
vested with quasi-judicial powers to determine and adjudicate agrarian reform
matters (ARM) and shall have exclusive original jurisdiction over all matters
involving the implementation of agrarian reform, except those falling under the
exclusive original jurisdiction of the Department of Environment and Natural
Resources (DENR) and the DA.
The DAR shall have the powers to punish and to cite a person for contempt
and to issue subpoena, subpoena duces- tecum and writs to enforce its orders
and decisions.
The decision of the DAR, may, in proper cases, be appealed to the RTC but
shall be immediately executory notwithstanding an appeal.
(In the process of the implementation of the CARP, involves always a legal dispute
in any stage of the implementation. This is what the lawyers want this is where
the lawyers get their upkeep for the day)
Section 17 of EO. No. 229 vested the DAR with quasi-judicial powers to
determine and adjudicate agrarian reform matters as well as exclusive original
jurisdiction over all matters involving the implementation of agrarian reform
except those falling under the exclusive original jurisdiction of the DENR and the
DA.
DEFINITION :
QUASI-JUDICIAL AGENCIES- are those administrative agencies in
the government expressly entrusted with judicial functions or impliedly
authorized to resolve judicial question in the exercise of their administrative
functions.
The term “quasi-judicial functions” applies to the action, discretion, etc., of
public administrative officers or bodies, who are required to investigate
facts, hold hearings and draw conclusions from them, as a basis for their
official action, and to exercise discretion of a judicial nature. (Midland
Insurance Corporations vs. Intermediate Appellate Court, citing
Black’s Dictionary, Fifth Edition, 1973, p.1121.
Agencies with express judicial functions are those agencies that have been
expressly conferred jurisdiction over disputes or controversies that
otherwise would have been decided by courts of general jurisdiction
without the express judicial conferment of such power.
RA 7881-An act amending certain provisions of RA. 6657, which RA 7881 took
effect in 1995.
SECTION 1. Section 3, Paragraph (b) of Republic Act No. 6657 is hereby amended to read as
follows:
“SECTION 3. Definitions. – For the purpose of this Act, unless the context indicates otherwise:
“(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the
soil, planting of crops, (growing of fruit trees, including the harvesting of such farm ‘products,
and other farm activities and practices performed by a farmer in conjunction with such farming
operations done by persons whether natural or juridical.”
SEC. 2. Section 10 of Republic Act No. 6657 is hereby amended to read as follows:
“a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves,
reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves shall be exempt
from the coverage of this Act.
“b) Private lands actually, directly and exclusively used for prawn farms and fishponds shall be
exempt from the coverage of this Act: Provided, That said prawn farms and fishponds have not
been distributed and Certificate of Land Ownership Award (CLOA) issued to agrarian reform
beneficiaries under the Comprehensive Agrarian Reform Program.
“In cases where the fishponds or prawn farms have been subjected to the Comprehensive
Agrarian Reform Law by voluntary offer to sell, or commercial farms deferment or notices of
compulsory acquisition, a simple and absolute majority of the actual regular workers or tenants
must consent to the exemption within one (1) year from the effectivity of this Act When the
workers or tenants do not agree to this exemption the fishponds or prawn farms shall be
distributed collectively to the worker-beneficiaries
Original Definition:
[ˌjo͝orəˈspro͞odns]
NOUN
synonyms:
law · body of laws · constitution · rules · rulings · regulations · acts · bills · statutes · enactments ·
charters · ordinances · measures · canon · code
o a legal system.
"American jurisprudence"
synonyms:
law · laws · body of law · rules · regulations · constitution · system · charter · canon
RA 8282 (May 01, 1987) sound and viable tax exempt SSS suitable to the needs of
the people throughout the Philippines, which shall promote social justice and
provide meaningful protection to the members and their beneficiaries against
the hazards of disability, sickness, maternity, old age, death and other
contingencies resulting in loss of income or financial burden.(Section 2)
The enactment of the SSS Law is the legitimate exercise of the people
power. It affords protection to labor and is in full accord with the constitutional
mandate on the promotion of social justice (Roman Catholic Archbishop of
Manila vs. SSS, G.R. No. 15045, January 20, 1961)
Section 172 (repealing provision) of RA. 3844 or the Agricultural Land Reform
Code of the Philippines, as amended by RA.6389 or the Code of Agrarian Reforms
of the Philippines, the former states that “ all laws or parts of any law inconsistent
with the provisions of this Code are hereby repealed”.
RA 3844_The AGRICULTURAL LAND REFORM CODE OF THE PHILIPPINES, as
amended which took effect on August 8, 1963.
It is 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.
RA 6389_(Amendatory Act) It is an act amending Republic Act Numbered Thirty
Eight Hundred and Forty Four, as amended, otherwise known as the Agricultural
Land Reform Code of the Philippines, and for other purposes.
Section 1. This act shall be known as the Code of Agrarian Reforms of the
Philippines, which was approved on September 10, 1971.