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Course Outline For Agrarian Reform Law
Course Outline For Agrarian Reform Law
Course Outline For Agrarian Reform Law
Course Description
This two-unit course is designed to provide law students an insight into the core concepts of
agrarian reform law as designed and implemented under RA 6657 (as amended). A historical
background shall be provided, and the key ideas of this social justice legislation will be examined.
The student will also be given a detailed analysis of the dispute resolution mechanism within the
DAR and the DAR Adjudication Board. Finally, the student will also be given a live case to
handle, and apply his/her analytic skills in the proposed resolution of the case by writing a case
matrix and a draft decision.
Useful Reference
Course Outline
Article: Law on Agrarian Reform, by Recaredo Barte, 1991 Edition, pp. 1-18 (Introduction)
Article: The Development of Post War Philippine Land Reform: Political and Sociological
Explanations By David Wurfel in Second View from the Paddy, Antonio Ledesma, Perla
Q. Makil & Virginia A. Miralao, eds., Institute of Philippine Culture, Ateneo de Manila,
1983
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PD 27 (Emancipation of Tenants from the Bondage of the Soil) Oct. 21, 1972.
Executive Order 228 (Declaring Full Land Ownership to Qualified Beneficiaries covered
by PD 27) 17 July 1987
LAND ACQUISITION – the transfer of private and public lands to farmer beneficiaries
Association of Small Landowners in the Philippines et. al., versus Secretary of Agrarian
Reform, GR. No. 79310, July 14, 1989 (175 SCRA 343)
Roxas vs. Court of Appeals (GR No. 127876, Dec. 17, 1999)
Hacienda Luisita Inc. versus Presidential Agrarian Reform Council et. al, GR. No.
171101, July 5, 2011.
Reference: DAR Adm. Order No. 2, series 2009 – RULES AND REGULATIONS ON THE
ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS under RA 6657 as
amended by RA 9700
Sec. 6 of RA 6657 – Retention Rights (c.f. with retention right under PD 27)
Alita vs. Court of Appeals (170 SCRA 706, 1989)
Reference: DAR Adm. Order No. 2 series 2003 - 2003 Rules of Procedure on Landowners
Retention Rights
References: DAR Adm. Order No. 13 series 1990 – Rules and Procedures Governing
Exemptions of Lands Under Sec. 10 of RA 6657
DAR Adm. Order No. 4 series 2003 – 2003 Rules on Exemption of Lands under Sec. 3c, RA
6657 and DOJ Opinion 44 s. 1990
Luz Farms vs. Secretary of Agrarian Reform, GR No. 86889, December 4, 1990 (192
SCRA 51)
Department of Agrarian Reform Petitioner, vs. Delia T. Sutton et. al., Respondents. [G.R.
No. 162070. October 19, 2005.]
Milestone Farms, Inc., petitioner, vs. Office of the President, respondent. [G.R. No. 182332.
February 23, 2011.]
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Reference: DAR Adm. Order No. 3, series 1995 – Rules and Regulations on the Exemption of
Fishponds from the Coverage of CARL pursuant to RA 7881
Central Mindanao University versus DARAB (215 SCRA 85, 1992) [compare with DAR
vs. DECS]
ROXAS & COMPANY, INC., petitioner, vs. DAMBA-NFSW and the DEPARTMENT OF
AGRARIAN REFORM, respondents. [G.R. No. 149548. December 4, 2009.]
LAND VALUATION – the process of determining the just compensation for the land
owners, the modes of payment and the review/appeal process in case the value is
deemed too low.
Read PD 27 and EO 228 and the valuation formula (para. 4, PD 27 and Sec. 2 of EO 228)
Sec 17 and 18, RA 6657
Sec16 (d) in relation to the authority of the DAR to revalue the property
LAND BANK OF THE PHILIPPINES vs. HON. ELI G. C. NATIVIDAD, G.R. No.
127198. May 16, 2005
JOSEFINA S. LUBRICA vs. LAND BANK OF THE PHILIPPINES, G.R. No. 170220.
November 20, 2006.
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Association of Small Landowners in the Philippines et. al., versus Secretary of Agrarian
Reform, GR. No. 79310 , July 14, 1989 (175 SCRA 343) [pertinent portions on just
compensation]
Land Bank vs. CA and Pedro Yap (GR No. 118712, Oct. 6, 1995)
Authority of the DAR Adjudication Board over land valuation cases (see Article XIX of
the 2009 DARAB Rules of Procedure)
Indefeasibility of Titles
SAMUEL ESTRIBILLO, et. al, petitioners, vs. DEPARTMENT OF AGRARIAN REFORM
and HACIENDA MARIA, INC., respondents. [G.R. No. 159674. June 30, 2006.]
LAND TENURE IMPROVEMENT – LTI – the improvement of the tenurial and socio-
economic status of the farmers short of transferring full ownership of the land
Reference: Administrative Order No. 2, s, 2006, Revised Rules and Procedures Governing
Leasehold Implementation in Tenanted Agricultural Lands
CONVERSION – The actual change of the land use from agricultural, to residential,
industrial or commercial, of lands which could have potentially been covered under the
CARP
Jose Luis Ros, et. al. Petitioners, vs. Department Of Agrarian Reform Respondents. [G.R.
No. 132477. August 31, 2005.]
Memo Circular No. 54 s. 1993, Office of the President (Prescribing the Guidelines
governing Sec. 20 of RA 7160 Authorizing Cities And Municipalities to Reclassify
Agricultural Lands to Non-Agricultural Uses.)
Reference: DAR Administrative Orders No. 1, s. 2002 — 2002 Rules and Regulations on the
Conversion of Agricultural Lands to Non-Agricultural Uses
The Hon. Carlos Fortich et. al. vs. The Hon. Renato Corona GR. No. 131457, April 24,
1998 (Decision, Opinion and Resolution of the Motion for Reconsideration)
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Decision of the Office of the President on the Sumilao Case (on the Revocation of the
Conversion Order)
The Presidential Agrarian Reform Council (Secs. 41, 42, 43, 49)
The Provincial Agrarian Reform Coordinating Committee (Sec. 44-45)
The Barangay Agrarian Reform Committee (Secs. 46-48)
The Department of Agrarian Reform (Executive Order 129-A, dated July 26, 1987)
The DAR Adjudication Board (Sec. 13, EO 129-A)
Quasi Judicial Powers of the DAR (Agrarian Justice) – the mechanisms to determine the
status of the land, entitlements of beneficiaries, and other agrarian matters and disputes
which may require mediation, conciliation, determination or adjudication. This topic
includes actions by the DAR, the DAR Adjudication Board and the RTC acting as a
Special Agrarian Court.
Rufina Vda de Tangub vs. Court of Appeals, UDK 9864, December 3, 1990 (191 SCRA
885)
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Sta. Rosa Realty Development Corporation versus Juan Amante et.al. (G.R. No. 112526,
March 16, 2005)
Authority of the DAR Secretary to nullify titles under the CARP (Sec. 24 of RA 6657 as
amended by Sec. 9 of RA 9700)
Reference: DAR Adm. Order No. 6. Series 2011 [ September 21, 2011] The 2011 Revised Rules
and Procedures Governing the Cancellation of Registered Emancipation Patents (EPs),
Certificates of Landownership Award (CLOAs), and Other Titles Issued Under any Agrarian
Reform Program
Determination of an Agrarian Dispute for cases filed in courts and prosecutors office [Sec. 19,
RA 9700]
READ: DAR Administrative Order No. 3, series 2011(July 19, 2011): Revised Rules and
Regulations Implementing Sec. 19 of RA 9700 (Jurisdiction on and Referral of Cases that are
Agrarian in Nature)
DOJ Department Circular No. 40, dated June 7, 2010 [Guidelines on the Investigation and
Referral of Cases to the DAR pursuant to Sec. 19 of RA 9700].
OCA Circular No. 62-2010 dated April 28, 2010 on the Implementation of Secs. 7 and 50-A of RA
6657, as amended.
Sec 57, The role of the Special Agrarian Courts in land valuation and penal
provisions
Phil. Veterans Bank vs. CA et. al, (GR No. 132767, Jan. 18, 2000)
LAND BANK OF THE PHILIPPINES VS. HEIRS OF ELEUTERIO CRUZ G.R. No.
175175, September 29, 2008
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LAND BANK OF THE PHILIPPINES vs. LEONILA P. CELADA G.R. No. 164876.
January 23, 2006
Land Bank vs. CA and Jose Pascual (GR No. 128557, Dec. 29, 1999)
Support Services for the Farmers and Landowners – Secs. 36-39 RA 6657 as amended
FINAL EXAMINATIONS