AGRARIAN LAW FINALS EXAM

 
INSTRUCTIONS: Read each question carefully before answering. Answer sequentially
and clearly.
 
1. Explain why the Social Security Law is not considered a law on succession?
 
The Social Security Law is not a law of succession because it is not the heirs of 
the employee, but the designated beneficiaries who are to receive the benefits that
actually receives such benefits.
 
2. Exception on why the Social Security Law is not a law on succession.
 
It is only when the beneficiary is the estate, or when the designated beneficiary or 
the designation of beneficiary is void, then the heirs of the employee would
receive the benefits.
 
3. The inclusion of religious organizations under the coverage of the Social Security Law is
deemed to be valid in the case of Roman Catholic Archbishops of Manila. Explain.
 
Religious organizations under the coverage of the Social Security Law does not
violate the constitutional prohibition against the use of public funds for the
application for the use, benefit, or support of any priests because the funds of the
Social Security System are private funds and not public funds.
 
4. Enumerate the people covered by compulsory coverage of the Social Security Law.
 
a. All employers engaged in business in the Philippines, including religious,
charitable or non-profit institution
institutions.
s.
 b. All employees not over sixty (60) years of age
c. Domestic helpers receiving PhP. 1000 per month
d. Aliens employed in the Philippines
e. Self-employed person, including but not limited to the following:
a. Self-employe
Self-employed d professiona
professionals
ls
 b. Partners and single proprietors of businesses
c. Actors, actresses, directors, scriptwriters, and news correspondents
d. Professional athletes, coaches,, trainers, and jockeys and
e. Individual farmers and fishermen
 
5. Explain the effective date of coverage from employers, employees, and the self-

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employed.
 
For employers, the date of coverage for the Social Security Law begins on the
first day of his operation. For employees it begins on the first day of his
employment and for the self-employed, it begins upon the registration with the
SSS.
 
6. Enumerate the people who can avail of voluntary coverage.
a. Spouses who devote full time to managing the household and family affairs;
and
 b. Filipinos recruited for overseas employment by foreign-base
foreign-based
d employers.
 
7. Can a member withdraw his membership with the SSS?’
 
 No, when a person registers for SSS membership, he becomes a member for life.
During such time that the member failed to remit contributions, the benefits and
loan privileges provided by the SSS can still be availed as along as the member 
meets the qualifying condition
conditionss for entitlement thereto.
 
8. Enumerate the employees not covered by the Social Security Law.
 
a. Purely Casual employees
 b. Employees serving on an alien vessel, when such vessel is outside of the
Philippines;
c. Employees of the Philippine government or any of its instrumentalities and
agencies;
d. Employees of foreign government, international organization and their 
wholly-owned
wholly-owned instrumentalit
instrumentality
y
e. Temporary employees, if excluded by regulation of the SSC
 
9. What are the obligation
obligationss of an employer under the Social Security Law
 
a. To make a timely report of its employees for coverage; and
 b. To make timely remittance of premiums
 
10. Enumerate the benefits under the Social Security Act.
 
a. Maternity Leave Benefits
 b. Sickness Benefits
c. Permanent Disability Benefits
d. Retirement Benefits
e. Death Benefits
f. Funeral Benefits

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11. Enumerate the coverage of the Government Service Insurance System
 
The GSIS covers government employees, irrespective of employment status who are
employed with:
 
a. The national government, its political subdivisions, branches, agencies or 
instrumentalities;
 b. Government-owned or controlled corporations
c. Government financial institutions with original charters
d. Constitutio
Constitutional
nal commissions
e. Judiciary
 
12. Enumerate the benefits under the GSIS
 
a. Separation benefits
 b. Unemploymen
Unemploymentt or involuntary separation benefits
c. Permanent total disability benefits
d. Permanent partial disability benefits
e. Temporary total disability benefits
f. Retirement benefits
g. Survivorship benefits
h. Funeral benefit
i. Life insurance benefit
 
13. Will separation from service terminate GSIS membership?
 
 No, separation from service will not terminate GSIS membership. He/She
continues to be a member and is entitled to whatever benefits he has qualified to
in the event of any compensable contingency.
 
14. Enumerate the employees not subject to compulsory coverage of the GSIS
 
a. Uniformed personnel of the AFP, PNP, Bureau of Fire Protection and Bureau
of Jail Management and Penology;
 b. Barangay and Sanggunian Officials who are not receiving fixed monthly
compensation
c. Contractual employees who are not receiving fixed monthly compensation;
and
d. Employees who do not have monthly regular hours of work and are not
receiving fixed monthly compensation
 

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15. Who are Active Members of the GSIS?

 
Active members refer to a member who is still in government service and together 
with the government agency to which he belongs is required to pay monthly
contributions.
 
16. Who are Inactive Members of the GSIS?
 
A member who is separated from the service either by resignation, retirement,

disability,
the servicedismissal
under thefrom
GSISthe service, retrenchment or, who is deemed retired from
Act.
 
17. Who are Regular Members of the GSIS?
A member employed by the government, national, local, legislative bodies,
GOCC with original charters, government financial institutions.
 
18. Who is a Special Member of the GSIS?
 
The constitutional commissioners, members of the judiciary, including those with
equivalent ranks, who are required by law to remit regular monthly contributions
for life insurance policies to the GSIS in order to answer for their life insurance
 benefits.

 
19. Enumerate the conditions for entitlement to unemployment benefit.
 
GSIS members are entitled to this benefit if the following are met:
a. He was a permanent employee at the time of separation
 b. His separation was involuntary due to abolition of his office; and
c. He has been paying the required premium contributions for at least 1 year 
 prior to separation.
separation.
 
20. When can the disability benefits be suspended?
 
If the member has reached the minimum retirement age, disability benefits are
suspended when he:
a. Is reemployed or 
 b. Recovers from the disability as determined by GSIS or 
c. Fails to present himself for medical examination when required by GSIS
 
21. What is Agrarian Law?
 
It refers to the distribution of public agricultural lands, large estates and regulation
of the relationship between landowner and the farmer who works on the land.
 
22. What is the primary objective of the Agrarian Reform Program?

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The primary objective of the Agrarian Reform Program is to breakup agricultural
lands and transform them into economic-size farms to be owned by the farmers to
uplift their socio-economic status.
 
23. What is the meaning of Agrarian Reform?
 
It means the redistribution of lands regardless of crops or fruits produced to
farmers and regular farmworkers who are landless, irrespective of tenurial
arrangement,, to include the totality of factors and support services designed to lift
arrangement
the economic status of the beneficiaries.
 
24. What does the law mean by Economic Family-Size Farm?
 
It means an area of farm land that permits efficient use of labor and capital
resources of the farm family and will produce an income sufficient to provide a
modest standard of living to meet a farm family’s need for food, clothing, shelter 
and education with possible allowance for payment of yearly instalments on the
land.
 
25. What are the terms not included in the word Agriculture?
 
Lands devoted to the raising of livestock, poultry, and swine are classified as
industrial, not agricultural, hence exempt from agrarian reform program.
 
26. Enumerate the lands NOT covered by the Comprehensive Agrarian Reform Law
 
a. Private lands with a total area of 5 hectares and below
 b. Lands actually, directly, and exclusively used for perks, wildlife, forest,
reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and
mangroves;
c. Private lands actually, directly, and exclusively used for prawn and fishponds;
d. Lands actually, directly and exclusively used and found to be necessary for:
a.  National defense
defense

 b. School sites and campuses

c. Experimental farm stations operated for educational purposes
d. Seeds and seedling research and pilot production center 
e. Church sites and convents
f. Mosque sites and Islamic centers
g. Communal burial grounds
h. Penal colonies and penal farms worked by inmates
i. All lands with 18 percent slope and over except those already
developed.
 

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27. Enumerate the lands covered by the Agrarian Reform Law

 
a. All public and private agricultural lands; and
 b. Other lands of the public domain suitable for agriculture
 
28. What is the Retention Rights of the Landowner? Explain
 
Under section 6 of the Comprehensive Agrarian Reforms Law, the landowner has

the
arearight
needtonot
retain not more than
be personally five (5)byhectares
cultivated of his landholdings.
the landowner – cultivation The
can retained
be done
indirectly through labor administration
administration..
 
29. Can a landowner who has already exercised his retention rights under PD 27 be entitled
to the retention right under the Comprehensive
Comprehensive Agrarian Reform Law?
 
If the landowner has already exercised his retention right under PD 27 then he can
no longer exercise that right under the Comprehensive Agrarian Reform Law.
However, if the landowner chooses to retain 5 hectares under CARL, the 7
hectares retained by him under PD 27 is placed under the CARL.
 
30. Can spouses retain 5 hectares under the Agrarian Reform Law?
  It depends, if the property regime is conjugal or absolute community – the
spouses can retain only 5 hectares. If the property regime is separation of property
 – the spouses
spouses can retai
retain
n 5 hectares each.
 
31. Who has the right to choose the retention area?
 
The landowner has the right to choose the area to be retained. The chosen area
should be compact or contiguous and should not exceed the retention ceiling of 5
hectares, the landowner’s choice of the area to be retained must prevail.
 
32. What is the rule when the title of land is transferred to the state?
 
Title and ownership of land would only be transferred to the Republic only upon
full payment of the just compensation. Until the just compensation is determined
and fully paid the title and ownership will remain with the landowner.
 
33. What are the two notices need for validity of implementation?
implementation?
 
a.  Notice of coverage
coverage pu
pursuant
rsuant to DA
DAR R Administrative
Administrative Order 1
12
2 s. 1989; aand
nd
 b.  Notice of acquisition pursuant to section 16 of the Comprehens
Comprehensiveive Agrarian
Reform Law.
 
The first notice is in compliance with administrative due process, considering the
implementation of the agrarian reform law is an exercise of police power and

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 power of eminent
eminent domain.
 
34. Enumerate the factors used for the valuation of lands
 
a. Capitalized net income which is based on land use and productivity
 b. Comparable sales which is based 70% of the BIR zonal value; and
c. Market value which is based on the Tax Declaration
 
35.Comprehensive
What is the procedure for determination
Agrarian Reform Law?
of Just Compensation under the

 
The determination of just compensation begins with the Land Bank determining
the value of the lands. Using the valuation of the Land Bank, the DAR makes an
offer to the landowner. If the landowner rejects, the DAR conducts a summary
administrative proceeding to determine the compensation by requiring the
landowner, Land Bank and other interested parties to submit evidence.
 
36. Enumerate the qualifications of an agrarian reform beneficiary.
 
To qualify he must be a
a. Filipino Citizen
 b. Resident of the barangay or municipality where the landholding is located
c. At least 15 years old at the time of identification, screening and selection;
d. Willing, able, and equipped with aptitude to cultivate and make the land
 productive..
 productive
 
37. Enumerate the factors to be considered in determining the size of the land to be awared.
 
a. Types of crop
 b. Type of soil
c. Weather patterns; and
d. Other pertinent factors critical for the success of the beneficiaries.
 
38. Is the transfer of ownership to the beneficiaries automatic?
 
It is not automatic. Compulsory acquisition does not mean automatic transfer of 
ownership of the land to the tenant, lessee, or farm worker. Title and ownership
over the land can be transferred to the beneficiaries only upon full payment of the
 just compensation
compensation to the landowner
landowner..
 
39. When does the DAR issue a Certificate of Land Ownership Award (CLOA)?
 
The DAR will issue the CLOA only upon the full payment of amortization by the
farmer-beneficiary. The CLOA in turn becomes the basis for the issuance in his

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name of an original or transfer certificate title.

 
40. Enumerate the grounds for the cancellation of a CLOA.
 
a. Abandonment of the land
 b.  Neglect or misuse of the land
c. Failure to pay three annual amortizations
d. Misuse or diversion of financial support services
e. Sale, transfer or conveyance of the right to use the land; and
f. Illegal conversion of the land.
 
41. What are the support services given by the Comprehensive Agrarian Reform Law to
 beneficiaries?
 beneficiaries?
 
The government is mandated to extend support services to agrarian reform
 beneficiaries
 beneficiaries in the for
form
m of the follo
following:
wing:
a. Land surveys and titling;
 b. Liberalized access to credit;
c. Socialized terms on agricultur
agricultural
al credit facilities;
d. Technology transfer;
e. Infrastructu
Infrastructure,
re, such as storage facilities, mini dams, etc.
 
42. What does the law mean by Rural Women?
 
Rural women are those engaged directly or indirectly in farming or fishing as
their source of livelihood, whether paid or unpaid, regular or seasonal, or in food
 preparation,
 preparatio n, managing the household, caring for the children, and other similar 
activities.
 
43. The law provides Rural Women with assurance and guarantees. Enumerate them.
 

a. Equal right to ownership of the land

 b. Equal shares of the farm’s produce; and
c. Representation in advisory or appropriate decision-making bodies.
 
44. Where can special agrarian settlements be set up?
 
In special areas such as:
a. Logging and mining concessions – farm settlements may be opened up here
 provided that the beneficiar
beneficiaries
ies will undertake reforestation and conservatio
conservation
n
 production methods.
 b. Sparsely occupied public agricultural lands – farms settlements may be
opened up here for qualified landless people pursuant to an organized program

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to ensure orderly development.

 
45. Explain the rule on the distributio
distribution
n of corporate farms.
 
There are two modes of distribution of corporate farms namely:
 
a. Direct or 
 b. Indirect

 A
Ass a rule, corporate farms are to be distributed directly to the individual worker-
 beneficiaries. If it is not economically feasible and sound to divide the land, then
 beneficiaries.
it shall be distributed indirectly to the worker-beneficiaries through a worker’s
cooperative or association.
 
46. Who has the right over standing crops at the time of acquisition?
 
The landowner retains his right over crops not yet harvested at the time the
Department of Agrarian Reform took possession of the land.
 
47. Can the beneficiary lease the land to another person?
 
The law prohibits the transfer of ownership and not the transfer of possession. The
 beneficiary can lease the land to anoth
 beneficiary another
er person, provid
provided
ed that the lease is also for 
agricultural purposes. If the lease is not for agricultural purposes then the
Agrarian Reform should approve the lease.
 
48. Can the beneficiary lease the land to the former landowner?
 
The beneficiary can lease the land to its former owner. However, this can only be
done by obtaining approval from the Department of Agrarian Reform.
 
49. Explain the quasi-judicial power of the DAR.
 
The Department of Agrarian Reform was given quasi-judicial powers which it
exercises through the DAR Adjudication Board which has primary jurisdiction to
determine and adjudicate agrarian reform matters; and appellate jurisdiction over 
orders and decisions of the Agrarian Reform Adjudicators.
 
50. Does the DAR Adjudication Board have jurisdiction matters pertaining to ownership?
 
 No, when the matter pertains to issues involving or regarding ownership and not
agrarian dispute then the matter is beyond the jurisdiction of the DAR 
Adjudication Board. (Heirs of Herman Rey Santos v. Court of Appeals GR No.
10992)
 
51. Enumerate the additional jurisdiction of the Special Agrarian Court.

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In addition to their vested jurisdiction, the Special Agrarian Court are conferred
original and exclusive jurisdiction to hear and decide: a) petitions for the
determination of just compensation; and b) criminal violations of the
Comprehensive Agrarian Reform Law.
 
52. What is the remedy of the landowner from an adverse decision of the Special Agrarian
Court and adverse decision from the Court of Appeals?
 
The remedy from an adverse decision rendered by the SAC is appeal via petition
for review under Rule 43 of the Rules of Court, and not an ordinary appeal. The
remedy for an adverse decision of the Court of Appeals is to file a petition for 
certiorari with the Supreme Court.
 
53. Explain the applicability of the Rules of Court with regard to cases involving the
Comprehensive
Comprehens ive Agrarian Reform Program.
 
The procedures outlined in the Rules of Court will govern if the adverse decision
is on appeal. This will expedite the proceedings and the court may require the
 parties to submit simultaneous memorandum within 15 days after which the case
will be deemed submitted for decision.
 
54. Explain the rule of Funding of Just Compensation.
 
The just compensation payments to landowners can only be sourced from the
Agrarian Reform Fund. If the annual budget for the Agrarian Reform fund is not
sufficient, the just compensation payments shall be charged against the debt
service program of the national government.
 
55. What is the role of the Land Bank?
 
The Land Bank is the financial arm of the agrarian reform program. The
determination of just compensation under the Comprehensive Agrarian Reform
Law commences with the Land Bank determining the value of the lands.
 
56. What does the law mean by conversion of lands?
 
Conversion is the act of changing the current use of a piece of agricultural land
into some other use as approved by the Department of Agrarian Reform for 
different uses such as residential, commercial, industrial, and other non-
agriculturall purposes.
agricultura
 
57. What does the law mean by reclassification of lands?
 
Reclassification is the act of specifying how agricultural lands shall be utilized for 
non-agricultural uses such as residential, industrial, commercial and other non-
agriculturall purposes.
agricultura
 

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58. What is the effect of reclassification?

 
A mere reclassification of an agricultural land does not automatically allow the
landowner to change its uses. He has to undergo the process of conversion before
he is permitted to use the agricultural land for other purposes.
 
59. Who can apply for conversion?
 
The following persons can apply for conversion: a) beneficiary; or b) the

landowner with respect only to his retained area which is tenanted.

 
60. Under what conditions can an application for conversion be filed?
 
The application for conversion can be filed if any of the following conditions
exist: a) when the land ceases to be economically feasible for agricultural
 purposes; or b) when the locality has become urbanized and the land will have a
greater economic value for residential, commercial, or industrial purposes.
 
61. In the Tenant Emancipation Law, Section 1 states that all qualified farmers are now
deemed full owners. Explain
 
The phrase shall be deemed owner or are now deemed full owners does not mean
automatic transfer of title or ownership of the land to the tenant or lessee. There
has to be full payment of just compensation before the landowner could be
divested of his land, otherwise the land would be taken without just compensation
in violation of the constitution. The title of land will only be transferred upon full
 payment of just
just compensa
compensation.
tion.
 
62. What are the sized of land entitled to the tenant-farmer?
tenant-farmer?
 
The tenant-farmer is entitled to: a) five (5) hectares, if not irrigated; or b) three (3)
hectares if irrigated.
 
63. Enumerate the stages of land transfer.
 
The land transfer under PD 27 is effected in two stages, namely:
a. Issuance of Certificate of Land Transfer to the famer-beneficiary; and
 b. Issuance of Emancipation Patent
 
64. What is significance of an Emancipatio
Emancipation
n Patent?
 
The patent vests upon the farmer-beneficiary absolute ownership over the
landholding, and it constitutes conclusive authority for the issuance of an original
or transfer certificate of title in the holder’s name.
 
65. Enumerate the grounds for the cancellation of Emancipation Patent.

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The following are the grounds for the cancellation of the Emancipation Patent:
a. Abandonment of the land
 b.  Neglect or misuse of the land
c. Failure to pay 3 annual amortizations
d. Misuse or diversion of financial and support services
e. Sale, transfer or conveyance of the right to use the land
f. Illegal conversion of the land
 
66. Who has jurisdiction over the cancellation of Emancipation Patents
 
All cases involving the cancellation of registered emancipation patents are within
the exclusive and original jurisdiction of the Secretary of the Department of 
Agrarian Reform.
 
67. Can the Tenant-beneficiary sell or transfer ownership of the land under PD 27?
 
The tenant-beneficiary cannot sell or transfer ownership of the land acquired
under the Tenant Emancipation law except to the government or by hereditary
succession.

  68. What happens if the tenant-ben

tenant-beneficiary
eficiary fails to pay 3 annual amortizations?
 
If the farmer fails to pay 3 annual amortizations the Land Bank shall cause for the
foreclosure of the mortgage. The tenant-farmer or any of his heirs may lift the
foreclosure within a period of two-years from its registration by paying the Land
Bank all unpaid amortizations on the land with interest of 6 percent per annum.
 
69. Explain the Right of Retention of the Landowner under PD 27.
 
The landowner is entitled to retain an area of not more than 7 hectares if he is
cultivating, or will cultivate it. Personal cultivation by the landowner is not
required – cultivation can be done indirectly through labor administration.

 
70. Who has jurisdiction over retention or exemption issues?
 
Issues pertaining to retention rights of the landowner and the exclusion or 
exemption from agrarian reform coverage are cognizable by the Secretary of the
Department of Agrarian Reform.
 
71. What is the main objective of the Code of Agrarian Reform?
 
The main objective of the code is to create a system of owner-cultivatorship and
economic family-size farm as basis of Philippine agricultu
agriculture.
re.
 

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72. Enumerate the salient features of the Code of Agrarian Reform

 
The salient features of the Code of Agrarian Reforms are as follows:
 
a. It abolished the share tenancy system and replaced it with agricultural
leasehold.
 b. It established a bill of rights for agricultural workers
c. It established the Department of Agrarian Reform as the machinery for the
acquisition and distribution of agricultural land; and
d. It established the Land Bank as the financial arm of the agrarian reform.
 
73. What is share tenancy?
 
Share tenancy is a situation where 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 any one or several of the items of 
 production.. The produ
 production produce
ce thereof is
is divided be
between
tween the landholder
landholder and
and the tenan
tenant.
t.
 
74. What are the modes of payment of rentals?
 
The rental may be paid by the agricultural lessee in money or in produce, or both.
If the rental is to be paid in produce, it should be paid immediately after threshing
or processing. If the payment to be paid in money, it should be paid within a
reasonable time from threshing or processing.
 
75. Does the transfer of ownership of land transfer the leasehold relation?
 
If the landowner-lessor sells or transfers ownership of the land, the leasehold
relationship is not extinguished. The buyer or transferee becomes the lessor.
 
76. When can the agricultural leasehold be extinguished?
 
The agricultural leasehold under the code of agrarian reform is extinguished by:

a. lessor 
Abandonment of the landholding without the knowledge of the agricultural

 b. Voluntary surrender of the landholding by the agricultural lessee; or 

c. Absence of the persons to succeed the lessee, in the event of death or 
 permanent incapacity
incapacity of the lessee.
 
77. What are the elements of abandonment?
The following are the essential elements of abandonment
abandonment::
a. There must be intent to abandon; and
 b. There must be actual act of abandonment, i.e. the lessee must actually stop
occupying and working the land for substantial period of time.
 

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78. What constitutes voluntary surrender of the landholding?

 
The following constitutes voluntary surrender of the landholding:
a. The surrender of the landholding must be voluntary on the part of the farmer-
lessee, i.e. the decision to relinquish the leasehold relation must not be
influenced by any factor from the landowner; and
 b. The farmer lessee must serve three months advance notice
 
79. What are the obligation
obligationss of an agricultural lessor?
 
The agricultural lessor is obliged to:
a. Keep the agricultural lessee in peaceful possession and cultivation of his
landholding; and
 b. Keep intact such permanent useful improvements existing on the landholding
at the start of the leasehold relation
 
80. What are the rights of an agricultural lessor?
 
The following are the rights of an agricultural lessor:
a. To inspect and observe the extent of compliance with the terms and conditions
of the lease contract;
 b. To propose a change in the use of the landholding to other agricultural
 purposes, or
or in the kind of crops to be planted;
c. To require the agricultural lessee to adopt in his farm proven farm practices
necessary to the conservation of the land, improvement of its fertility and
increase of its productivity; and
d. To mortgage expected rentals.
 

-NOTHING FOLLOWS-
 

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