LECTURE NOTES ON SOCIAL LEGISLATION
Prof AE Cacho
LABOR
CHAPTER I- GENERAL
PROVISIONS
Article 1- Name of the Decree- This
Decree shall be known as the “Labor
Code of the Philippines.” (Presidential
Decree No. 442, as amended)
Article 2- Date of Effectivity- This code
shall take effect six (6) months after its
promulgation. (signed on May 1, 1974
by Pres. Ferdinand Marcos)
FUNDAMENTAL CONCEPTS
A. THE CONCEPT OF LABOR
Labor (broadest sense)
➢ Includes every possible human
exertion, mental or physical and
even spiritual
Labor (limited sense)
➢ Refers to any bodily or
intellectual exertion done wholly
or partly for purpose other than
the pleasure derived from its
performance
Labor as defined in the Philippine
Law
➢ Used to embrace all works
without reference to whether it is
done by an employee to an
employer or not
- i.e. agricultural tenants-
included in general terms
of labor (physically toil for
livelihood)
- old labor law
(Commonwealth Act
103)
▪ provided for labor
organization,
lumped laborers,
employees and
tenants which also
referred to
agricultural
workers and
tenants, and even
impliedly
recognized their
right to strike
➢ physical and mental work
performed by an employee and
physical work performed by
anyone, whether employed by
another or not
➢ ATTY CACHO: labor would
include mental or physical
exertion *noh* performed by an
employee or by another, in
behalf of another or for himself.
➢ ATTY CACHO: the definition
includes employed by another
and self-employed
➢ ATTY CACHO: Definition of
labor in our jurisdiction omitted
was the SPIRITUAL. However,
the definition would LIKEWISE
include that aspect. Probably
one of the reasons why spiritual
was not included was because it
something which is more done
*inaudible* by an apostolic work
➢ P.D. No. 442- carries in its
Preliminary Title (Chapter II,
Emancipation of Tenants) which
identifies tenant-farmers as “a
vital part of the labor force” (Art.
8) -general concept- more on
social legislation
➢ ATTY CACHO: 2 classifications
laborers
1. Agricultural
2. Non-agricultural
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 rule making authority *noh* and
B. LABOR LAW DEFINED that is none other than the
➢ “Labor law is that body of legislative department
statutes, rules and doctrines ❖ STATUTES IN OUR
that defines State policies on JURISDICTION THAT WOULD
labor and employment and REFER TO LABOR
governs the rights and duties o Labor Code
of workers and employers ▪ BOOK III- Labor
respecting terms and Standards
conditions of employment by • Holiday Pay
prescribing certain standards (100%)
therefor, or by establishing a • Special
legal framework within holiday Pay
which better terms and • Overtime
conditions of work could be Pay
obtained through collective • Differential
bargaining or other pay
concerted activities.” o Special labor laws
➢ Reflects the updated concept of ▪ SSS Law- more on
labor law within the updated social legislation
concept of labor law within the because of the
purview of the Philippine chapter on
Constitution and the Labor Code retirement, wherein
➢ Embodies the definitions of the there is no longer
elements of labor law and employer-employee
assumes a utilitarian character relationship.
❖ ATTY CACHO: the first part of However, SSS law
the definition would refer to includes a chapter on
labor standards MATERNITY
o body of statutes, rules BENEFITS-
and doctrines that maternity leave
defines State policies enjoyed by women
on labor and ▪ Salary
employment and Standardization
governs the rights and Law- emanated from
duties of workers and the legislative
employers respecting department which
terms and conditions of applies to employees
employment by in the government
prescribing certain service. The Law
standards therefor providing for
❖ STATUTES- rule of conduct with minimum wage is
obligatory recourse for not a special law
observance and enacted by the because it is actually

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 prescribed by the ▪ Paternity leave
Regional Tripartite ▪ Magna Carta for
Wages and women (for those
Productivity Board who have
and did not emanate gynecological
from the legislative disorder)
department. ▪ Battered woman
▪ Wage Orders- they act or the anti-
have the force and violence against
effect of a law women law
although they did not ❖ *note: government employees
emanate from the enjoy the right to self-
legislative organization but do not enjoy
department. In other the right to collective bargaining
words, the RTWPB because the terms and
which is composed of conditions of their employment
the labor sector, are already fixed
employer sector and ❖ *recit question: what can a
the government regular or ordinary
sector, they would government employee can do
proscribe minimum in order to address their
wage from time to grievance for salary
time under the increase? Some writes a letter
delegated authority to the Commissioner on labor
provided for by the and some lobby on the
labor code. In other Congress. NOT ALL government
words, there is employees are covered by the
already a built-in or Salary Standardization Law. An
inherent provision example of this is the
there in as much as Government-Owned and
DOLE was tasked to Controlled Corporations created
implement the Labor by law or governed by their own
Code in consonance charters. The only limitation to
with the principles of this GOCCs are the powers of the
these delegated Commission on Audit that from
authorities, they can time to time announce
legislate these wage disallowance of benefits that
orders from time to were given by virtue of
time. resolution passed and approved
▪ 13th month pay- the by the Board of Directors of the
rationale behind this GOCC.
is because we have ❖ RULES- come in the form of
the longest Christmas memorandum order,
Season. department orders and circulars.

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 However, there are
implementing rules and
regulations which pertain to the
labor code itself (can be found in
the book of Azucena, at the
back)
o STATCON: they cannot
reduce or expand laws,
they are only tasked to
implement.
o Blas Ople- passed a rule
that only the daily paid
employees will be entitled
to legal holiday pay. SC
ruled that according to the
rules on statcon, when the
law does not distinguish,
then neither should we.
As long as there is no
distinction between daily
paid employees and
monthly paid employees,
then all employees should
receive holiday pay.
o This is one which is
declared by the
Supreme Court as
ULTRA VIRES- what’s
done in excess of given
authority- often used in
corporate law.
❖ DOCTRINES- jurisprudence.
Our jurisdiction follows the
doctrine of Stare Decisis,
wherein courts have to adhere to
previous decisions and principles
which has been decided.
❖ ATTY CACHO- labor standards
are fixed by law, the question
now is why doctrines are
included in the definition of labor
standards. This can be
exemplified in the situation of
the payment of situation pay.
When a worker files a case
against employer for illegal
dismissal, one of the remedies is
reinstatement. However, there
are instances wherein the
relationship between the worker
and the employee had already
been strained, then the other
remedy possible is the payment
of separation pay.
❖ 2 causes of termination:
authorized and just causes
❖ Authorized causes:
(termination 30-day notice)-
must be paid a separation pay in
order to be valid. The affected
worker shall be entitled to a
separation pay shall be
equivalent to one (1) month pay
or at least (1/2) month pay for
every year of service. A fraction
of (6) months shall be
considered as (1) whole year.
o Retrenchment to
prevent losses- Is an
economic ground to
reduce the number of
employees. Reduction of
personnel for the purpose
of cutting down on costs
of operations in terms of
salaries and wages.
o Redundancy- Exist
where the services of an
employee are in excess of
what is reasonably
demanded by the actual
requirements of the
enterprise.
o Installation of labor-
saving devices-
Contemplates the
installation of machinery
to effect economy and
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 efficiency in the method of through collective
production bargaining or other
o Closing or cessation of concerted activities.
operation- the closure of o this pertains to the labor
business is a ground for relations
the termination of the o interaction between the
services of an employee employer and worker
unless the closing is for through the union
the purpose of o the objective- improves
circumventing pertinent terms and condition of
provisions of labor code. employment through
o Disease- An employer collective bargaining and
may terminate the other concerted activities
services of an employee o collective bargaining-
who has been found to be takes in form of
suffering from any disease negotiations when major
and whose continued conditions of employment
employment is prohibited are under consideration
by law or is prejudicial to o Concerted activities-
his health as well as come in form of strike, a
health of his co- positive act done by an
employees. employee in order to
❖ JUST CAUSES: improve terms and
o Serious Misconduct conditions of work
Standards ▪ Sit-down strike
o Willful disobedience or ▪ Slow-down strike
insubordination ▪ Picketing- laborers
o Gross and Habitual usually carry
Negligence placards and stop
o Fraud or willful breach of working
trust (Dishonesty) ▪ There should be
o Loss of confidence employer-
o Commission of a crime or employee
offense against the relationship in a
employer or his strike for it to be
immediate family. considered as a
o Analogous cases concerted activity
❖ SECOND PART OF THE o When there is deadlock
DEFINITION: and impasse, the
o by establishing a legal employers can refer to the
framework within remedy that the strike
which better terms and should be peaceful and
conditions of work that it requires grounds
could be obtained

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 such as unfair labor
practice.
o The counterpart of strike
which has been
considered as the potent
Labor arbiter (like judges) – arbitration
weapon of the union
branch
against the management
is CLOSE-SHOP
AGREEMENT
▪ Employers would
tend to compel the
union to reduce
their demands so
that they could
meet again on a
common ground
C. ELEMENTS OF LABOR LAW
1. LABOR POLICIES
➢ principles or guidelines that
define State policies regarding
labor and employment
➢ although they do not govern
the relations per se between
employers and workers, they
represent a new dimension
that is integral part of labor
law
➢ may be classified into 2:
➢ constitutional policies
• Art XIII, Sec.3
➢ And statutory policies
• Book I and II of the Labor
Code
➢ Can they be source of
rights? NO. They are
only guidelines. This is the
reason why there are lots
of provisions in the
constitutions which
remains as mere policies
because there is a need
for the legislative
department to enact laws
in order to implement
these policies. Ex: policy
on anti-political dynasty
2. LABOR STANDARDS LAW
➢ body of statutes, rules and
doctrines that governs rights
and duties of workers and
employers respecting terms
and conditions of employment
by prescribing certain
standards therefor
➢ standards- whether
minimum or maximum, serve
as bases of rights and duties
of workers and employers
• Examples
1. Book III- Conditions of
Employment
2. Decrees on Cost of
Living Allowance (P.D.
525)
3. 13th Month Pay (P.D.
851)
3. LABOR RELATIONS LAW
➢ body of statutes, rules,
principles and doctrines that
governs the rights and duties
of workers and employers by
establishing a legal framework
within which better terms and
conditions of work could or
obtained through collective
bargaining and other
concerted activity
➢ sets legal parameters
whereby workers may
undertake concerted activities
to secure better conditions of
employment than those
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 prescribed by labor standards E. LABOR LAW AND SOCIAL
law LAW COMPARED
• Examples
1. Book V- Labor Relations SOCIAL LAW
➢ Body of rules and statutes aimed
and its
at promoting the general welfare
2. Amendatory Laws
of all the people, with special
reference to labor
D. RELATIONSHIPS &
➢ General welfare- it should
DISTINCTIONS
always be in the pursuance of
LABOR LABOR LABOR health, security, public policy,
POLICIES STANDARDS RELATIONS education.
LAW LAW ➢ Promotes social justice
• Set the • Prescribe the • Provide the ➢ Tries to ensure the welfare and
guidelines demarcation procedures economic security of all the
to be s in terms that govern people, if this is not possible
implemente and the methods then to bring about the greatest
d by the conditions of by which good for the greatest number
other two employment terms and
➢ 2-fold justification (labor
• Essentially conditions of
orientation of social law)
substantive work over
1. labor constitutes the great
• Purpose: and above
either the majority (about 85%) of
protective or demarcation the population, hence any
ameliorative s as set by effort to achieve the well-
• Labor labor being of all the people, or
standards- standards at least the greatest good
may be laws may be for the greatest number,
found in the obtained should be directed toward
law itself • Largely this sector (quantitative
procedural reason)
in character 2. to promote the welfare of
• Terms and
the society, any attempt
conditions
to strengthen the society
obtained are
not found in should be addressed
the law itself towards its weakest link,
but in which is labor
collective (qualitative reason) –
bargaining treatment – out of
agreements, desperation, they
arbitration would work – most
awards and exploited -
decisions ➢ EXAMPLE:
1. Agrarian law
2. SSS Law

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DIFFERENCES: • Those who have less should
1. As to OBJECT have more in law- Pres.
- LL- improve the well- Ramon Magsaysay
being of labor (employer-
employee relationship) CALALANG VS WILLIAMS (70
- SL- promote the welfare PHILS 725)
of the society in general FACTS:
(greatest good for the • National Traffic Commission
greatest number) (NTC) where A.D. Williams is the
2. As to SUBJECT MATTER chairman, recommended a
- LL- deals on subjects of resolution (July 17, 1940) to
proximate and direct the director of Public Works and
interest to workers Secretary of Public Works.
• Example • The said resolution prohibits
1. Wages animal-drawn vehicles for a
2. Hours of period of 1 year from date of
work (8 opening of Colgante Bridge to
hours) traffic to pass along:
- SL- treats of matters of 1. Rosario St. extending
remote or indirect to from Plaza Calderon de la
workers Barca to Dasmariñas St.
• Example from 7:30 am to 12:30pm
1. Employee and from 1:30pm to 5:30
compensati pm
on 2. Along Rizal Ave.
2. Social extending from Railroad
security Xing at Antipolo St. to
3. As to APPLICATION Echague St. from 7:00am
- LL- provides benefits to to 11:00 pm
workers actively • It was approved and recommend
employed and as long as and was modified with
there is still employer- 1. Limited to Railroad Xing to
employee relationship. Azcarraga St from
- SL- concerned with those 7:00am to 11:00 pm
whose employment is 2. Rosario St. (no
interrupted by sickness, modifications)
disability, death and ISSUES:
other causes a. W/N the resolution is
UNCONSTITUTIONAL because it
F. SOCIAL JUSTICE constitutes undue delegation of
legislative powers
SOCIAL JUSTICE b. W/N Commonwealth Act 548
constitutes unlawful interference
with legitimate business or trade

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 and abridge right to personal principle: salus populi est
freedom of locomotion suprema lex (the welfare of
c. W/N the resolution infringes the people should be the
upon constitutional precept supreme law)
regarding promotion of social - must be founded on
justice to insure well-being and RECOGNITON OF NECESSITY
economic security of all the of interdependence among
people diverse units of society and of
protection that should be
RULING:
equally and evenly extended
a. No
to all groups as a combined
b. No
force in our social and
c. No
economic life
RATIONALE: - consistent with the
• SOCIAL JUSTICE fundamental and paramount
- neither communism, objective of the state of
despotism, atomism nor PROMOTING the health.
anarchy but the Comfort and quiet of all
HUMANIZATION of laws and persons and bringing about
equalization of social and the “greatest good to the
economic forces by the State greatest number”
so that JUSTICE in its rational
and objectively secular
conception may at least be G. SOURCES OF THE POWER TO
approximated ENACT LABOR LAWS
- means “promotion of welfare - CONSTITUTION
of all the people” 1. Art. II, Sec. 18
- the adoption by the - “The state affirms labor as
Government of measures a primary social economic
calculated to insure economic force. It shall protect the
stability of all the competent rights of the workers and
elements of society promote their welfare”
- through the maintenance of a 2. Art XIII, Sec. 3
proper economic and social - “The state shall afford full
equilibrium in the protection to labor, local
interrelations of the members and overseas, organized or
of the community unorganized and promote
- constitutionally- through full employment
adoptions of measures which opportunities for all”
are legally justifiable 3. ART XII, SEC. 12
- extra-constitutionally- - “The State shall promote
through the exercise of the preferential use of
powers underlying the Filipino labor, domestic
existence of all governments materials and locally
on the time-honored produced goods, and adopt

9
 measures that help make The records show that there is a
them competitive.” greater number of maltreatment cases
- (See New constitutional on women compared with men. The
Policies) Order clearly affords women for
protection. The “protection to labor”
clause is not only embedded on
- POLICE POWER promotion of employment alone it also
• Inherent power of the State to includes protection of laborers from
enact legislation that may maltreatment in their workplace
interfere with personal liberty RATIONALE:
and property in order to promote • Police Power
general welfare a. Imposition of restraint
• It is invasive, the definition is upon liberty or property
couched in a negative term b. To foster common good
➢ When power is used to
private interests at the
PASEI vs. DRILON (186 SCRA 386) expense of citizenry, then
FACTS: there is clearly a misuse
DOLE passed D.O. No. 1- of power
“Guidelines governing the temporary • Art XIII, Sec. 3
suspension of Deployment of Filipino ➢ “The State shall regulate
Domestic &Household Workers” which the relations between
is applicable only to domestic helpers
workers and employers,
and female workers with similar skills.
recognizing the right of
Philippine Association of Service
labor to its just share in
Exporters Inc. invoked violation of Sec.
3 of the constitution the fruits of production
ISSUE: W/N the exercise of police and right to enterprises to
power through D.O. No. 1 is reasonable returns on
valid investments and to
RULING: expansion and growth”
Yes. There is no satisfactory reason
why D.O. No. 1 should be nullified. The
order does not make undue H. RATIONALE OF LABOR LAWS
discrimination among sexes. The
classification of identity of rights ART. 1700 (Civil Code)
between men and women is valid ➢ “The relations between capital
provided that: and labor are not merely
1. It rests on substantial contractual. They are so
distinctions impressed with public interest
2. Germane to the purposes of that labor contracts must yield to
law the common good. Therefore,
3. NOT confined to existing such contracts are subject to the
conditions special laws on labor unions,
4. Apply equally to members of collective bargaining, strikes and
the same class lockouts, closed shop, wages

10
 working conditions, hours of shall enforce their mutual
labor and similar subjects.” compliance therewith to
➢ Special laws are known foster industrial peace.”
collectively as labor laws ❖ preferential modes of settling
➢ Labor is imbued with public disputes to promote industrial
interest peace: (JUDICIAL DISPUTE
SETTLEMENTS)
o Conciliation- only an
I. SIGNIFICANCE OF
impartial 3rd party but he
CONSTITUTION TO LABOR
does not render a
➢ It defines new State policies on decision. He only acts as a
labor referee between the two
➢ It guarantees individual and parties
collective rights of workers o Mediation- where the
➢ Contains nationalistic provisions mediator, who is likewise
protecting Filipino labor impartial, suggest
proposals between the
J. NEW CONSTITUTIONAL parties
POLICIES ON CONCERNING o Arbitration (2 kinds)
LABOR ▪ Voluntary- parties
would submit their
1. ART II, SEC. 18
labor dispute
- “The State affirms labor
before a voluntary
as a primary social
arbitrator and the
economic force. It shall
VA will render a
protect the rights of
decision which is
workers and promote
supposedly final
their welfare.”
however, if it is
2. ART XII, SEC. 12
founded that he
- “The State shall promote
acted with grave
the preferential use of
abuse of discretion
Filipino labor, domestic
then it can be
materials and locally
assailed before the
produced goods, and
regular courts
adopt measures that help
▪ Mandatory- if an
make them competitive.”
employee is
3. ART XIII, SEC. 3
dismissed and he is
- “…The State shall promote
questioning his
the principle of shared
dismissal, then he
responsibility between
would have to file a
workers and employers
complaint before
and the preferential use of
the arbitration
voluntary modes in
branch and that is
settling disputes,
actually what
including conciliation, and

11
 CANNOT be ignored employment
by the employer. opportunities for all….
4. ART XIII, SEC. 14 (restated from 1973
- “The State shall protect consti)
working women by - Local and overseas-
providing safe and migrant workers act, for
healthful working local and domestic-
conditions, taking into provisions of labor code
account their maternal - Organized- the
functions, and such establishment has a union
facilities and opportunities - Unorganized- the
that will enhance their establishment does not
welfare and enable them have a union
to realize their full - Promote full employment
potential in the service of and equality of
the nation.” employment
- In line with this is the opportunities- placing of
enactment of the Magna the workers to the
Carta for Women position commensurate to
- Abolition of the chapter their qualification
prohibiting the night time - “…The State shall regulate
work for women in order the relations between
to accommodate those workers and employers,
working in call centers recognizing the right of
- For the special workers labor to its just share in
wherein women would fall the fruits of production
under, there is a whole and the right of
chapter there providing enterprises to reasonable
protection for working returns on investments,
women such as providing and to expansion and
seats for women, or growth.”
providing for lactation - Reasonable returns of
area investment- the only
constitutional provision
wherein the right of the
K. RESTATEMENT OF OTHER
management was duly
CONSTITUTIONAL POLICIES
recognized (ROI)
5. ART XIII, SEC. 3 - As you can see the state
- “The State shall afford could not adopt a hands-
full protection to labor, on policy because of this
local and overseas, provision to regulate the
organized and relation between the
unorganized, and employer and worker, in
promote full employment other words, it always has
and equality of

12
 to step in in order to tilt
the *inaudible* imbalance
between the employer
and the employee
- Why is labor entitled to
protection? Employers
have this resources that
can sustain them during a
labor dispute. However,
employees who are
terminated have no
resources after
termination during labor
disputes
❖ This policy precludes the state
from adopting laissez fair
policy on labor relations due to
public interest involved therein.
L. CONSTITUTIONAL RIGHTS
OF LABOR
❖ Classified into two
a. Individual rights- found in
ART III, const.
b. Collective rights- found in
ART XIII, Sec. 3
BASIC PRINCIPLES
Definition of Social Law
includes laws that provide particular
kinds of protection or benefits to
society or segments thereof in
furtherance of social justice (the aim of
labor laws)
Laws that will promote common good.
Objective: Promotion of social justice
Concept of Utilitarianism
- the doctrine that actions are
right if they are useful or for the
benefit of a majority. the
doctrine that an action is right
insofar as it promotes
happiness, and that the greatest
happiness of the greatest
number should be the guiding
principle of conduct.
- Utilitarianism is a theory of
morality, which advocates
actions that foster happiness or
pleasure and opposes actions
that cause unhappiness or harm.
- Utilitarianism would say that an
action is right if it results in the
happiness of the greatest
number of people in a society or
a group.
- Ethical system
- Utilitarianism vs Hedonism
Rationale for the enactment of
Social Laws
- Public security, health, peace,
morality, and safety of its
citizens = welfare of the society
• Police Power (the source of
enacting social laws)
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 - Concept/definition – such
wholesome and reasonable
laws, not repugnant to the
Constitution, as it shall judge
to be for the good and
welfare of the state and its
people. It is based on Latin
maxims: (a) salus populi est
suprema lex (the welfare of
the people is the supreme
law); and (b) sic utere tuo ut
alienum non laedas (so use
your own as not to injure
another’s property). Its
source is the social common
good.
Police power is the exercise within the
limits of the constitution interfere to
the life, liberty and property for the
promotion of social/general welfare.
(PASEI vs Drilon: banning women
OFW)
General welfare: health, safety,
security, morals etc. anything that
would promote common good. "The
maintenance of peace and order, the
protection of life, liberty, and property,
and promotion of the general welfare
are essential for the enjoyment by all
the people of the blessings of
democracy. . . .”
Extent and limits of police power –
includes everything essential to the
public safety, health, and morals, to
justify the destruction or abatement by
summary proceedings of whatever may
be regarded as a public nuisance.
Conditions to justify the state’s
exercise of police power:
1. The interests of the public
generally, as distinguished from
those of a particular class,
require such interference;
2. The means are reasonably
necessary for the
accomplishment of the purpose
and not widely oppressive upon
individuals
The legislature may not under the guise
of protecting the public interests,
arbitrarily interfere with private
business or impose unusual or
unnecessary restrictions upon l awful
occupations.
Social Justice
Objective of Social Justice
Social Justice Clause – promotion of
social justice is made mandatory under
this Constitutional provision. This is a
departure from the 1935 Constitution
whose provision merely states that it
should be the concern of the State.
Section 10, Article 2 of the 1987
Constitution provides: “The State
shall promote social justice in all
phases of national development.”
Definition of Social Justice
Social Justice – according to Justice
Laurel, is neither communism, nor
despotism, nor atomism, nor anarchy,
but the humanization of the laws and
the equalization of the social and
economic forces by the State so that
justice in its rational and objectively
secular conception may at least be
approximated.
It means the promotion of the welfare
of the people, the adoption by the
Government of measures calculated to
insure economic stability of all the
component elements of society through
the maintenance of proper economic
and social equilibrium in the inter-
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relations of the members of the
community; constitutionally, through
the adoption of measures legally
justifiable, or extra-constitutionally,
through the exercise of powers
underlying the existence of all
governments, on the time-honored
principle of salus populi est suprema
lex. (Calalang v Williams)
• Social justice, neither
communism nor socialism
Communism is an ideology
characterized economically by the
State’s total ownership of all the
means of production and distribution,
and politically by a rigid dictatorial
control of an individual under the so-
called dictatorship of the proletariat.
Socialism, on the other hand, is an
economic ideology which advocates
substantial ownership of the means
of production and distribution by the
State.
Despotism is a one-man rule. Exercises
absolute power. Atomism,
individualism, one is motivated by
selfishness. Anarchy, a lawless
situation.
The main difference is that under
communism, most property and
economic resources are owned and
controlled by the state (rather than
individual citizens); under socialism,
all citizens share equally in
economic resources as allocated by a
democratically elected government.
• Rights guaranteed by social
justice
i. Equality of opportunity
ii. Equality of political rights
iii. Equality before the law
iv. Equality between values given
and received
Equitable sharing of the social and
material goods on the basis of efforts
exerted in their production as applied
to metropolitan centers, specially in
relation to housing problems
It is a command to devise ways and
means for the elimination of slums,
shambles, shacks, and houses that are
dilapidated, overcrowded, without
ventilation, light and sanitation
facilities and for the construction in
their places of decent dwellings for the
poor and the destitute
• Condemnation of blighted areas
bears direct relation to public
safety, health and morals, and is
legal
Social Justice according to the case
of Calalang vs Williams:
Social justice is "neither communism,
nor despotism, nor atomism, nor
anarchy," but the humanization of
laws and the equalization of social
and economic forces by the State
so that justice in its rational and
objectively secular conception may
at least be approximated.
In dealing with economic and social,
there must be a human element.
Social justice means the promotion of
the welfare of all the people, the
adoption by the Government of
measures calculated to insure
economic stability of all the competent
elements of society, through the
maintenance of a proper economic and
social equilibrium in the interrelations
of the members of the community,
constitutionally, through the adoption
15
of measures legally justifiable, or
extra-constitutionally, through the
exercise of powers underlying the
existence of all governments on the
time-honored principle of salus populi
est suprema lex. Social justice,
therefore, must be founded on the
recognition of the necessity of
interdependence among diverse
units of a society and of the protection
that should be equally and evenly
extended to all groups as a combined
force in our social and economic life,
consistent with the fundamental and
paramount objective of the state of
promoting the health, comfort, and
quiet of all persons, and of bringing
about "the greatest good to the
greatest number." (Calalang vs.
Williams)
Facts: The National Traffic Commission
recommended the Director of Public
Works and to the Secretary of Public
Works and Communication that
animal-drawn vehicles be prohibited
from passing along Rosario St.
extending from Plaza Calderon de la
Barca to Dasmarinas St. from 7:30 am
to 12 pm and 1:30 pm to 5:30 pm and
also along Rizal Avenue from 7 am to
11 pm from a period of one year from
the date of the opening of Colgante
Bridge to traffic. It was subsequently
passed and thereafter enforce by
Manila Mayor and the acting chief of
police. Maximo Calalang then, as a
citizen and a taxpayer challenges its
constitutionality.
Issue: Whether the rules and
regulations promulgated by the
Director of Public Works infringes upon
the constitutional precept regarding
the promotion of social justice
Held: The promotion of social justice is
to be achieved not through a mistaken
sympathy towards any given group. It
is the promotion of the welfare of all
people. It is neither communism,
despotism, nor atomism, nor anarchy
but the humanization of laws and the
equalization of social and economic
forces by the state so that justice in its
rational and objectively secular
conception may at least be
approximated.
According to the late Pres Ramon
Magsaysay in His Inaugural
Address on December 30, 1953
Those who have less in life should have
more in law.” (President Ramon
Magsaysay)
They should be protected more in
enactment of social laws.
Heretofore, social justice has raised
fervent but frustrated hopes in the
hearts of our less fortunate citizens. We
must not permit social justice to be an
empty phrase in our Constitution. We
must bring it to life – for all.
The land tenure system of our country
shall be reexamined, to purge it of
injustice and oppression.
“Land for the landless” shall be more
than just a catch-phrase. We will
translate it into actuality. We will clear
and open for settlement our vast and
fertile public lands which, under the
coaxing of willing hearts and in-
dustrious hands, are waiting to yield
substance to millions of our
countrymen.
Democracy becomes meaningless if it
fails to satisfy the primary needs of
the common man, if it cannot give
him freedom from fear and on which a
strong republic can be built. His
16
happiness and security are the only
foundations on which a strong republic
can be built. His happiness and
security shall be foremost among
the goals of my administration.
Constitutional Provision on Social
Justice
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN
RIGHTS
Section 1. The Congress shall give
highest priority to the enactment of
measures that protect and enhance the
right of all the people to human dignity,
reduce social, economic, and political
inequalities, and remove cultural
inequities by equitably diffusing wealth
and political power for the common
good.
To this end, the State shall regulate the
acquisition, ownership, use, and
disposition of property and its
increments.
Shows that there is a need for the
legislative branch to enact laws which
will protect and maintain the rights of
the people. (Political)
To equalize political power.
Common good: aim of social legislation
Section 2. The promotion of social
justice shall include the commitment to
create economic opportunities based
on freedom of initiative and self-
reliance.
LABOR
Section 3. The State shall afford full
protection to labor, local and overseas,
organized and unorganized,
and promote full employment and
equality of employment opportunities
for all.
Local and overseas: those who are
employed in other countries, domestic
and international laborers (OWWA,
DOLE, Labor Attaches, POEA: to clear
the overseas contracts)
Overseas workers - DOLE, OWWA,
POEA
Organized/Unorganized - Labor Unions
Quality of employment opportunities -
depending upon his qualifications,
should be placed in a position equal to
his qualifications.
Self-organization: formation of unions
Collective bargaining and negotiations:
collective bargaining agreement (CBA)
Minimum wage: covers basic
necessities such as clothing, food, etc
Living wage: can give you life or luxury
- going to the gym, shopping, money to
splurge
Organized: established which has
union. Promote full employment
Equality…: regardless of sex, creed,
status without any discrimination.
Should be on the basis of qualification.
In law, it is about the placing of
man/applicants to right positions
[power conforming and commensurate
to his qualifications.]
Blue collar – manual labor
17
White collar – refers to office
employment
Right to strike – most important
weapon. To pressure the management
It shall guarantee the rights of all
workers to self-organization, collective
bargaining and negotiations, and
peaceful concerted activities, including
the right to strike in accordance with
law. They shall be entitled to security
of tenure, humane conditions of work,
and a living wage. They shall also
participate in policy and decision-
making processes affecting their rights
and benefits as may be provided by
law.
Right to self-organization: refers to
formation of unions, to encourage
unionism. When a union strike, it will
amount to disruption of work, forms a
negative concept to the mind of the
public; unions will negotiate. To
equalize the workers and the
employers. Applies to employees of
commercial, industrial, agricultural,
non-profit, non-stock institutions.
Collective bargaining and negotiation:
an agreement; it binds the parties and
has the effects of law. To improve
current situation and conditions of
employment. Eg. Daily minimum wage
Rationale why the state encourages
unionism: to strengthen an individual
to raise his concerns.
Right to strike: there should be an
employee-employer relationship.
Deadlock in the CBA or there are unfair
labor practices by the employer and
inhuman labor conditions. Must be in
accordance with the law. There must be
a procedure that must be complied with
by the union: notice of strike, during
on-going strike, members must not
resort to violence
Violations of CBA – the law between the
parties. Economic: money matters
Security of Tenure: against dismissal
without due process of law. Labor,
property and liberty are one in sense in
the constitution. Procedural and
substantive justice (dwelling on reason
why an employee should be
terminated). Notice and hearing. Just
and authorize conditions for
termination.
Why should there be due process in
termination? For the employees to
sleep sound at night with the security
that they still have jobs. Once
employment is considered as property
(connect with due process clause)
humane conditions of work: the
dignity, safety and health standards at
work. This will apply to hazardous
works. Eg. First aid kit, occupation
safety and hazard test
Living wage: a wage that is high
enough to maintain a normal standard
of living.
Minimum wage: covers
Can they invoke policy making
provision by demanding the company
to give them a sit at the board of
directors:
Participation to policy making: policy of
co-determination. Discipline for code of
conduct; matters pertaining to policies
that chart the direction of the company,
strategy
The State shall promote the principle of
shared responsibility between workers
18
and employers and the preferential use
of voluntary modes in settling disputes,
including conciliation, and shall enforce
their mutual compliance therewith to
foster industrial peace.
Effectivity of the voluntary dispute
settlement – if the arbitrator has
rendered decision, they must yield to it
since it is voluntary
Any dispute between employer-
employee must be settled amicably.
Compulsory arbitration – complainant
with bring his action to the arbiter.
Disputes among managements
WAYS OF SETTING DISPUTES: process
of consolation (presence of an impartial
3rd person as a referee, a pacifier),
mediation (will make proposals to
settle), arbitrator (render a decision).
Judicial dispute resolution – judge as
mediator: would make comments on
the merits of the case to entice the
parties to settle. If no settlement,
judge will have to inhibit his self (he
already gave his comments, to avoid
impartiality)
To foster industrial peace. For them to
focus on work and management
instead on issues and controversies.
The State shall regulate the relations
between workers and employers,
recognizing the right of labor to its just
share in the fruits of production and the
right of enterprises to reasonable
returns to investments, and to
expansion and growth.
The state cannot adopt hands off
policy;; must always intervene.
EER – imbued with public interest
This provision mentions the employer.
Recognition that they are entitle to
reasonable return of their investment.
The profit you amass, the more you can
cascade it to your employees.
Balancing of interest (ECQ matters)
investment of employers and health
risk – balancing of interest
LABOR
Labor – in its limited concept, it refers
to physical or mental exertion
necessary to produce goods. In its
broader concept, it may include the
labor force who are employed or those
who are able and willing to work but are
temporarily or involuntarily
unemployed. The term manpower as
defined in the Code is within the
context of labor, that is, the portion of
the nation’s population which has
actual or potential capability to
contribute to the production of goods
and services.
Labor Law – includes all the rules of law
governing the conditions under which
persons may work under the control of
other persons called employers. The
term may also refer to labor standards
and labor relations laws governing
hours of work, weekly rest periods,
minimum wage rates, unfair labor
practices, strikes, and lockouts. These
laws are designed to look more on the
immediate results of employer-
employee relationship. As a concept, it
is the body of rules and principles which
governs the relation between labor and
management in the collective, as
distinguished from the principles
determining the rights and liabilities
consequent to the individual
relationship of employer and
employees.
19
Labor standards prescribe the terms Direct interest
and conditions of employment as to worker:
affecting wage s or monetary benefits, wages, working Indirect interest to
hours of work, cost of living allowances, time laborers.
and occupational health, safety and Employee’s
welfare of the workers. On the other compensation: in
hand, labor relations is used to denote case of injury,
all matters arising out of employer- disability or death
employee relationship involving the suffered by an
concerned action on the part of the Provides employee eg. SSS
workers which is usually related with benefits for law
right to self-organization, collective employees
bargaining and negotiation processes. currently or
Labor relations is all-embracing to actively
include labor standards benefits which employed Those who already
are proper bargaining issues, that is, resigned
within the domain of labor relations. Designed to involves long-
meet the daily range benefits
Labor Law and Social Legislation needs of a
distinguished worker
Covers covers
Labor law deals with the minimum employment for employment for
benefits and terms and conditions of profit or gain gain or non-profit
employment that an employee is Affects the work affects the life of
entitled to as a matter of right and an of the employee the employee
employer is obliged to give his Benefits are paid benefits are paid
employees as a matter of obligation by the worker’s by government
employer agencies
Whereas, social legislation is a broad administering the
term that may cover labor laws. Laws program such as
that seek to promote the common Employee’s
good, generally by protecting and Compensation
assisting the weaker members of Commission, SSS
society, are considered to be social or GSIS
legislation.
Due to the impact of labor law upon
Labor Law Social Law the society as it affects the greater
More direct in its governs the number or bulk of the population, it
application as it effects of may also be considered as a social
affects directly employment such legislation. Hence, the latter is broader
actual as compensation in scope as it even encompasses the
employment for injuries and concept of labor law.
such as wages death
Labor is oriented toward social laws.
Focused on encompasses Justifications (1) Quantitative: almost
employees labor law, 85% of our population is composed of
laborers. (2) Qualitative: weakest link
of our society.
20
Employers’ vs Employee: in order to developing republic, such as
level them in the scale of justice, there championing the cause of the
must be laws to empower them. workingmen with his
Employees are the most susceptible to revolutionary social justice
abuses. programs culminating in the
enactment of the following laws:
Capsule history of Philippine labor
and social legislation - C.A. 213 – creating the
Court of Industrial
• Old Civil Code (Articles 1583 to Relations
1587) – regulating the relations - C.A. 444 – Eight-Hour
between master and domestic Labor Law
servant - C.A. No. 104 – Industrial
• Code of Commerce (Article 283 Safety Law
to 302) – regulating the relations - C.A. 213 – Union
between employer and Registration Act
employee - C.A. 647 – granting
• Earlier part of American regime maternity leave to women
in the service
- Act No. 702 – Chinese
Registry Act • Under the Philippine Republic
- Act No. 1874 – the Employers Labor legislations law:
Liability Act of 1908
- Act No. 2549 of 1916 – - R.A. 602 – Minimum Wage
prohibiting compulsory Law
purchase of merchandise by - R.A. 1052 as amended by
and mere payment by chits R.A. 1787 - Termination
or tokens to workers Pay Law
- Act No. 3071 – the Woman - R.A. 679 – Woman and
and Child Labor Law of 1932 Child Labor Law
promulgated primarily to - R.A. 946 – Blue Sunday
protect women and children Law
from economic exploitation - R.A. 875 – Industrial
- Act No. 3428 – Workmen’s Peace Act
Compensation Act of 1927 - R.A. 1167 – Peaceful
- Act No. 2071 – Anti-Slavery Picketing Law
Law - R.A. 3600 – Anti-Scab
- Acts 2548 and 3954 – Acts of Law
Payment of Wages
- Act 3957 – Private • Welfare legislations law:
Employment Agency Law
- R.A. 1161 – The Social
• The assumption of Pres. Manuel Security Law
Quezon in 1935 freed the R.A. 1169 as amended,
laborers from economic Agricultural Tenancy Law
bondage. He energetically - R.A. 3844 – the
instituted changes and reforms Agricultural Land Reform
to nourish the young and Code

21
 • During the Martial Law
P.D. No. 2 – declaration of the entire
Philippines as a land reform area. Such
act would meet steel-strong opposition
in the legislature as the members are
predominantly owners of vast tracks of
land.
P.D. 27 (Emancipation Decree) –
emancipating the tenants from the
bondage of the soil
P.D. 442 (Labor Code of the
Philippines) – May 1, 1974; a decree
instituting a Labor Code thereby
revising and consolidating labor and
social laws to afford protection to labor,
promote employment and human
resources development and insure
industrial peace based on social justice;
a dynamic instrument of social justice
and economic development; bible of
the workingmen and their shield at the
same time against arbitrary and
abusive practices of the management.
• Several amendments of the
Labor Code
R.A. No. 6715 - New Labor Relations
Law
R.A. No. 6725 – law prohibiting
discrimination against women
R.A. No. 6727 – Wage Rationalization
Act
Acts strengthening the worker’s
constitutional right to self-organization
• E.O. 111
• R.A. 7641
• R.A. 7655
• R.A. 7700
• R.A. 7730
• R.A. 9231
• R.A. 9241
• R.A. 9262
• R.A. 9481
Purpose of Labor Legislation – it is a
truism that because of the economic
superiority of capital, labor, as a factor
of production, is weak and helpless and
finds itself easily in trouble without the
necessary succor from the state. The
state, in the exercise of its police power
which is “the power to prescribe
regulations to promote the health,
morals, peace, education, good order
or safety and welfare of the society”,
should enact wholesome and
reasonable laws to preclude a feeling of
discontent which may lead to violent
and bloody upheavals among workers
who constitute the bulk population of
the state.
Labor legislation is therefore intended
to protect the worker form the mighty
and to correct the injustices that are
inherent in employer-employee
relationship. It provides the s et of
restrictions upon the worker in his
relationship with the employer and
vice-versa in order to maintain
industrial peace and harmony; thereby
promoting industrial democracy.
Ultimately, the primordial purpose of
labor legislation is to promote the
welfare of the people based on the
Latin maxim: salus populi est suprema
lex – the welfare of the people is the
first law.
Labor Orientation of Social Laws
22

Agrarian Reform and Natural
Resources
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 themselves, with the
end in view of uplifting their socio-
economic status.
AGRARIAN REFORM
Mandate of Congress for landless
farmers to own the lands they are
tilting. Agricultural workers. Objective
is for them to own the lands they till or
to receive just fair.
The landowner can form a corporation.
Fruits are the dividends.
Eg. Hacienda Luisita: they want title
not stocks so that it can be turned to
money consideration
AGRARIAN AND NATURAL
RESOURCES REFORM
Section 4. The State shall, by law,
undertake an agrarian reform program
founded on the right of farmers and
regular farmworkers who are landless,
to own directly or collectively the lands
they till or, in the case of other
farmworkers, to receive a just share of
the fruits thereof. To this end, the State
shall encourage and undertake the just
distribution of all agricultural lands,
subject to such priorities and
reasonable retention limits as the
Congress may prescribe, taking into
account ecological, developmental, or
equity considerations, and subject to
the payment of just compensation. In
determining retention limits, the State
shall respect the right of small
landowners. The State shall further
provide incentives for voluntary land-
sharing.
Retention limit
Section 5. The State shall recognize the
right of farmers, farmworkers, and
landowners, as well as cooperatives,
and other independent farmers’
organizations to participate in the
planning, organization, and
management of the program, and shall
provide support to agriculture through
appropriate technology and research,
and adequate financial, production,
marketing, and other support services.
Section 6. The State shall apply the
principles of agrarian reform or
stewardship, whenever applicable in
accordance with law, in the disposition
or utilization of other natural resources,
including lands of the public domain
under lease or concession suitable to
agriculture, subject to prior rights,
homestead rights of small settlers, and
the rights of indigenous communities to
their ancestral lands.
The State may resettle landless
farmers and farmworkers in its own
agricultural estates which shall be
distributed to them in the manner
provided by law.
Section 7. The State shall protect the
rights of subsistence fishermen,
especially of local communities, to the
preferential use of the communal
marine and fishing resources, both
inland and offshore. It shall provide
support to such fishermen through
appropriate technology and research,
adequate financial, production, and
marketing assistance, and other
23
services. The State shall also protect, facie evidence of
develop, and conserve such resources. the terms of a
The protection shall extend to offshore tenancy contract
fishing grounds of subsistence that was not
fishermen against foreign intrusion. reduced to writing.
Fishworkers shall receive a just share
from their labor in the utilization of CA 178 – amended
marine and fishing resources. Rice Share Tenancy
Act
Section 8. The State shall provide
incentives to landowners to invest the CA 271 – amended
proceeds of the agrarian reform Act. 4113 by
program to promote industrialization, extending its
employment creation, and privatization application to sugar
of public sector enterprises. Financial farm workers
instruments used as payment for their
lands shall be honored as equity in CA 461 – provided
enterprises of their choice. security of tenure
to agricultural
Agrarian law embraces all laws that tenants
govern and regulate the rights and After Agricultural Share
relationships over agricultural lands independence Tenancy repealed
between landowners, tenants, lessees all existing tenancy
or agricultural workers. laws

Agrarian Reform means the RA 1400 – set in

redistribution of lands, regardless of motion the
crops or fruits produced to farmers and expropriation of all
regular farmworkers who are landless, tenanted estates
irrespective of tenurial arrangement, to
include the totality of factors and Agricultural Land
support services designed to life the Reform Code –
economic status of the beneficiaries abolished share
and all other arrangements alternative tenancy and
to the physical distribution of lands. replaced it with
agricultural
leasehold system.
Laws Governing the Relationship Code of Agrarian
between landowners and tenants Reform – amended
the ALRC
Spanish Era Civil Code Marcos Regime PD 27 – Tenant
American Rice Share Tenancy Emancipation Law:
Regime Act provided for the
Sugar Share transfer of lands
Tenancy Act primarily devoted
Commonwealth CA 53 – recognizing to rice and corn to
Period testimony of the the tenants.
tenant as prima

24
 Aquino Comprehensive
Presidency Agrarian Reform
Law
Agrarian Reform History
Pre-Spanish Period
“This land is Ours God gave this land to
us”
Before the Spaniards came to the
Philippines, Filipinos lived in villages or
barangays ruled by chiefs or datus. The
datus comprised the nobility. Then
came the maharlikas (freemen),
followed by the aliping mamamahay
(serfs) and aliping saguiguilid (slaves).
However, despite the existence of
different classes in the social structure,
practically everyone had access to the
fruits of the soil. Money was unknown,
and rice served as the medium of
exchange.
Spanish Period
“United we stand, divided we fall”
When the Spaniards came to the
Philippines, the concept of encomienda
(Royal Land Grants) was introduced.
This system grants that Encomienderos
must defend his encomienda from
external attack, maintain peace and
order within, and support the
missionaries. In turn, the
encomiendero acquired the right to
collect tribute from the indios (native).
The system, however, degenerated
into abuse of power by the
encomienderos The tribute soon
became land rents to a few powerful
landlords. And the natives who once
cultivated the lands in freedom were
transformed into mere share tenants.
First Philippine Republic
“The yoke has finally broken”
When the First Philippine Republic was
established in 1899, Gen. Emilio
Aguinaldo declared in the Malolos
Constitution his intention to
confiscate large estates, especially
the so-called Friar lands.
However, as the Republic was short-
lived, Aguinaldo’s plan was never
implemented.
American Period
“Long live America”
Land registration act – torrens system
of land registration. Serves as
conclusive evidence, becomes
indefeasible, after a year, can no longer
be assailed. EXP: if there is fraud or
deceit.
Spanish titles are no longer evidence of
ownership
(Republic vs Alegada) torrens title
becomes indeasible after a year.
Under Sec. 1 of CA 141, the state may
reclaim lands of public domain
transferred to private owners through
deceit.
Significant legislation enacted during
the American Period:
• Philippine Bill of 1902 – Set the
ceilings on the hectarage of
private individuals and
corporations may acquire: 16
25
 has. for private individuals and
1,024 has. for corporations.
• Land Registration Act of 1902
(Act No. 496) – Provided for a
comprehensive registration of
land titles under the Torrens
system.
• Public Land Act of 1903 –
introduced the homestead
system in the Philippines. For
agricultural purposes: actual
tilling and not exceeding 12
hectares. Rationale: (Sta.
Ignacia vs CA) to provide land
and inculcate to individuals
being self reliant, infuse dignity
to him
• Tenancy Act of 1933 (Act No.
4054 <Rice> and 4113) –
regulated relationships between
landowners and tenants of rice
(50-50 sharing) and sugar cane
lands (Act. 178).
The Torrens system, which the
Americans instituted for the
registration of lands, did not solve the
problem completely. Either they were
not aware of the law or if they did, they
could not pay the survey cost and other
fees required in applying for a Torrens
title.
Commonwealth Period
“Government for the Filipinos”
President Manuel L. Quezon espoused
the "Social Justice" program to arrest
the increasing social unrest in Central
Luzon.
Significant legislation enacted during
Commonwealth Period:
• 1935 Constitution – "The
promotion of social justice to
ensure the well-being and
economic security of all people
should be the concern of the
State"
• Commonwealth Act No. 178 (An
Amendment to Rice Tenancy Act
No. 4045), Nov. 13, 1936 –
Provided for certain controls in
the landlord-tenant relationships
• National Rice and Corn
Corporation (NARIC), 1936 –
Established the price of rice and
corn thereby help the poor
tenants as well as consumers.
• Commonwealth Act. No. 461,
1937 – Specified reasons for the
dismissal of tenants and only
with the approval of the Tenancy
Division of the Department of
Justice.
• Rural Program Administration,
created March 2, 1939 –
Provided the purchase and lease
of haciendas and their sale and
lease to the tenants.
Commonwealth Act No. 441
enacted on June 3, 1939 –
Created the National Settlement
Administration with a capital
stock of P20,000,000.
Japanese Occupation
“The Era of Hukbalahap” – New
People’s Army today
The Second World War II started in
Europe in 1939 and in the Pacific in
1941.
Hukbalahap controlled whole areas of
Central Luzon; landlords who
supported the Japanese lost their lands
to peasants while those who supported
the Huks earned fixed rentals in favor
of the tenants.
26
Unfortunately, the end of war also Golden arenola
signaled the end of gains acquired by
the peasants. Ramon Magsaysay (1953-
1957) enacted the following laws:
Upon the arrival of the Japanese in the
Philippines in 1942, peasants and • Republic Act No. 1160 of 1954 -
workers organizations grew strength. - Abolished the LASEDECO and
Many peasants took up arms and established the National
identified themselves with the anti- Resettlement and Rehabilitation
Japanese group, the HUKBALAHAP Administration (NARRA) to
(Hukbo ng Bayan Laban sa Hapon). resettle dissidents and landless
farmers. It was particularly
Philippine Republic aimed at rebel returnees
providing home lots and
“The New Republic” farmlands in Palawan and
Mindanao.
After the establishment of the • Republic Act No. 1199
Philippine Independence in 1946, the (Agricultural Tenancy Act of
problems of land tenure remained. 1954) -- governed the
These became worst in certain areas. relationship between landowners
Thus the Congress of the Philippines and tenant farmers by
revised the tenancy law. organizing share-tenancy and
leasehold system. The law
President Manuel A. Roxas (1946- provided the security of tenure
1948) enacted the following laws: of tenants. It also created the
Court of Agrarian Relations.
• Republic Act No. 34 -- o Leasehold – non payment
Established the 70-30 sharing of rental
arrangements and regulating o Leasehold tenancy –
share-tenancy contracts. o Share tenancy abolished –
• Republic Act No. 55 -- Provided share 50-50 of produced
for a more effective safeguard in the land
against arbitrary ejectment of o Preemption right to
tenants. refusal of the farmer –
gives tenant right to
Elpidio R. Quirino (1948- negotiate for the
1953) enacted the following law: acquisition of right
o Share tenancy exists
Executive Order No. 355 issued on whenever two persons
October 23, 1950 -- Replaced the agree on a joint
National Land Settlement undertaking for
Administration with Land Settlement agricultural production
Development Corporation (LASEDECO) wherein one party
which takes over the responsibilities of furnishes the land and the
the Agricultural Machinery Equipment other his labor, with either
Corporation and the Rice and Corn or both contributing any
Production Administration. one or several of the
items of production, the

27
 tenant cultivating the land Administration) -- Provided
personally with the aid of small farmers and share tenants
labor available from loans with low interest rates of
members of his six to eight percent.
immediate farm
household, and the President Carlos P. Garcia (1957-
produce thereof to be 1961)
divided between the
landholder and the tenant Continued the program of President
in proportion to their Ramon Magsaysay. No new legislation
respective contributions. passed.
o
o Leasehold tenancy exists President Diosdado P. Macapagal
when a person who, either (1961-1965) enacted the following
personally or with the aid law:
of labor available from
members of his Republic Act No. 3844 of August 8,
immediate farm 1963 (Agricultural Land Reform Code)
household, undertakes to -- Abolished share tenancy,
cultivate a piece of institutionalized leasehold, set
agricultural land retention limit at 75 hectares, invested
susceptible of cultivation rights of preemption and redemption
by a single person for tenant farmers, provided for an
together with members of administrative machinery for
his immediate farm implementation, institutionalized a
household, belonging to judicial system of agrarian cases,
or legally possessed by, incorporated extension, marketing and
another in consideration supervised credit system of services of
of a price certain or farmer beneficiaries.
ascertainable to be paid
by the person cultivating The RA was hailed as one that would
the land either in emancipate Filipino farmers from the
percentage of the bondage of tenancy.
production or in a fixed
amount in money, or in Because it was against public policy.
both.
• Republic Act No. 1400 (Land President Ferdinand E. Marcos
Reform Act of 1955) -- Created (1965-1986)
the Land Tenure Administration
(LTA) which was responsible for Proclamation No. 1081 on September
the acquisition and distribution 21, 1972 ushered the Period of the New
of large tenanted rice and corn Society. Five days after the
lands over 200 hectares for proclamation of Martial Law, the entire
individuals and 600 hectares for country was proclaimed a land reform
corporations. area and simultaneously the Agrarian
• Republic Act No. 821 (Creation Reform Program was decreed.
of Agricultural Credit
Cooperative Financing

28
President Marcos enacted the following
laws:
• Republic Act No. 6389, (Code of
Agrarian Reform) and RA No.
6390 of 1971 -- Created the
Department of Agrarian Reform
and the Agrarian Reform Special
Account Fund. It strengthen the
position of farmers and
expanded the scope of agrarian
reform.
o Issued Certificate of Land
Ownership Award
• Presidential Decree No. 2,
September 26, 1972 -- Declared
the country under land reform
program. It enjoined all agencies
and offices of the government to
extend full cooperation and
assistance to the DAR. It also
activated the Agrarian Reform
Coordinating Council.
• Presidential Decree No. 27,
October 21, 1972 -- Restricted
land reform scope to tenanted
rice and corn lands and set the
retention limit at 7 hectares.
o Emancipation patents
o Caused social tension
o More productive
agriculture economy
o Only rice and corn lands,
transferring it to the
farmers who tiled
o Coverage: Rice and corn
land
o Retention area (the land
owner will retain after his
land holding) 7 hectares
lowered to 5h later on
o Exemption, owner asking
to exempt his land from
the coverage of agrarian
President Corazon C. Aquino
(1986-1992)
- Challenging presidency
- 6 or 7 coup de ta
- RA 6657 or CARL
- Promulgated several EO
The Constitution ratified by the Filipino
people during the administration of
President Corazon C. Aquino provides
under Section 21 under Article II that
“The State shall promote
comprehensive rural development and
agrarian reform.”
On June 10, 1988, former President
Corazon C. Aquino signed into law
Republic Act No. 6657 or otherwise
known as the Comprehensive Agrarian
Reform Law (CARL). The law became
effective on June 15, 1988.
Subsequently, four Presidential
issuances were released in July 1987
after 48 nationwide consultations
before the actual law was enacted.
President Corazon C. Aquino enacted
the following laws:
• Executive Order No. 228, July
16, 1987 – Declared full
ownership to qualified farmer-
beneficiaries covered by PD 27.
It also determined the value
remaining unvalued rice and
corn lands subject of PD 27 and
provided for the manner of
payment by the FBs and mode of
compensation to landowners.
o A stop-gap measure
• Executive Order No. 229, July
22, 1987 – Provided mechanism
for the implementation of the
Comprehensive Agrarian Reform
Program (CARP).
• Proclamation No. 131, July 22,
1987 – Instituted the CARP as a
major program of the
government. It provided for a
29
 special fund known as the
Agrarian Reform Fund (ARF),
with an initial amount of Php50
billion to cover the estimated
cost of the program from 1987-
1992.
• Executive Order No. 129-A, July
26, 1987 – streamlined and
expanded the power and
operations of the DAR.
• Republic Act No. 6657, June 10,
1988 (Comprehensive Agrarian
Reform Law) – An act which
became effective June 15, 1988
and instituted a comprehensive
agrarian reform program to
promote social justice and
industrialization providing the
mechanism for its
implementation and for other
purposes. This law is still the one
being implemented at present.
(Sec. 4 of the Constitution)
• Executive Order No. 405, June
14, 1990 – Vested in the Land
Bank of the Philippines the
responsibility to determine land
valuation and compensation for
all lands covered by CARP.
• Executive Order No. 407, June
14, 1990 – Accelerated the
acquisition and distribution of
agricultural lands, pasture lands,
fishponds, agro-forestry lands
and other lands of the public
domain suitable for agriculture.
Actual effectivity of martial law PD
Sept. 21.
PD 27 – agri and corn
CARP – all alienable lands devoted or
suitable for agriculture
If not being used anymore, will be part
of CARP
President Fidel V. Ramos (1992-
1998)
When President Fidel V. Ramos
formally took over in 1992, his
administration came face to face with
publics who have lost confidence in the
agrarian reform program. His
administration committed to the vision
“Fairer, faster and more meaningful
implementation of the Agrarian Reform
Program.
President Fidel V. Ramos enacted the
following laws:
• Republic Act No. 7881, 1995 –
Amended certain provisions of
RA 6657 (Sec. 10) and
exempted fishponds and prawns
from the coverage of CARP.
• Republic Act No. 7905, 1995 –
Strengthened the
implementation of the CARP by
amending some provisions
(creation of support offices)
• Executive Order No. 363, 1997 –
Limits the type of lands that may
be converted by setting
conditions under which limits the
type of lands that may be
converted by setting conditions
under which specific categories
of agricultural land are either
absolutely non-negotiable for
conversion or highly restricted
for conversion.
• Republic Act No. 8435, 1997
(Agriculture and Fisheries
Modernization Act AFMA) –
Plugged the legal loopholes in
land use conversion.
o Only agri lands and those
mentioned are subject to
CARP
o Usually the beneficiary
convert it into residential
or industrial
30
 • Republic Act 8532, 1998
(Agrarian Reform Fund Bill) –
Provided an additional Php50
billion for CARP and extended its
implementation for another 10
years.
• Benefitted from the enactments
of Aquino administration
• Privatized the army reservation
BGC
President Joseph E. Estrada (1998-
2000)
“ERAP PARA SA MAHIRAP’. This was the
battle cry that endeared President
Joseph Estrada and made him very
popular during the 1998 presidential
election.
President Joseph E. Estrada initiated
the enactment of the following law:
Executive Order N0. 151, September
1999 (Farmer’s Trust Fund) – Allowed
the voluntary consolidation of small
farm operation into medium and large
scale integrated enterprise that can
access long-term capital.
During his administration, President
Estrada launched the Magkabalikat
Para sa Kaunlarang Agraryo or
MAGKASAKA. The DAR forged into joint
ventures with private investors into
agrarian sector to make FBs
competitive.
However, the Estrada Administration
was short lived. The masses who put
him into office demanded for his
ouster.
RESTRICTION
- Emancipation patent or CLOA
- CLOA can be used for loaning
purposes (but loan must be in
agricultural activities)
- Cannot be used in mortgage
President Gloria Macapacal-Arroyo
(2000-2010)
The agrarian reform program under the
Arroyo administration is anchored on
the vision “To make the countryside
economically viable for the Filipino
family by building partnership and
promoting social equity and new
economic opportunities towards lasting
peace and sustainable rural
development.”
Land Tenure Improvement - DAR will
remain vigorous in implementing land
acquisition and distribution component
of CARP. The DAR will improve land
tenure system through land
distribution and leasehold.
Provision of Support Services - CARP
not only involves the distribution of
lands but also included package of
support services which includes: credit
assistance, extension services,
irrigation facilities, roads and bridges,
marketing facilities and training and
technical support programs.
Infrastructure Projects - DAR will
transform the agrarian reform
communities (ARCs), an area focused
and integrated delivery of support
services, into rural economic zones that
will help in the creation of job
opportunities in the countryside.
KALAHI ARZone - The KALAHI Agrarian
Reform (KAR) Zones were also
launched. These zones consists of one
or more municipalities with
concentration of ARC population to
achieve greater agro-productivity.
31
Agrarian Justice - To help clear the
backlog of agrarian cases, DAR will hire
more paralegal officers to support
undermanned adjudicatory boards and
introduce quota system to compel
adjudicators to work faster on agrarian
reform cases. DAR will respect the
rights of both farmers and landowners.
- CARPER RA 9700
- A form of expropriation
- They do not get the land for free,
they pay for it at nominal cost
- Usufructry – enjoy fruits of the land
- Usufruct – the land is reserved for
someone
- Issues on extension, retention
- DARAB -> DAR
President Benigno Aquino III
(2010-2016)
President Benigno Aquino III vowed
during his 2012 State of the Nation
Address that he would complete before
the end of his term the Comprehensive
Agrarian Reform Program (CARP), the
centerpiece program of the
administration of his mother, President
Corazon Aquino.
The younger Aquino distributed their
family-owned Hacienda Luisita in
Tarlac. Apart from the said farm lots,
he also promised to complete the
distribution of privately-owned lands of
productive agricultural estates in the
country that have escaped the
coverage of the program.
Under his administration, the Agrarian
Reform Community Connectivity and
Economic Support Services (ARCCESS)
project was created to contribute to the
overall goal of rural poverty reduction
especially in agrarian reform areas.
Agrarian Production Credit Program
(APCP) provided credit support for crop
production to newly organized and
existing agrarian reform beneficiaries’
organizations (ARBOs) and farmers’
organizations not qualified to avail
themselves of loans under the regular
credit windows of banks.
The legal case monitoring system
(LCMS), a web-based legal system for
recording and monitoring various kinds
of agrarian cases at the provincial,
regional and central offices of the
DAR to ensure faster resolution and
close monitoring of agrarian-related
cases, was also launched.
Aside from these initiatives, Aquino
also enacted Executive Order No. 26,
Series of 2011, to mandate the
Department of Agriculture-Department
of Environment and Natural Resources-
Department of Agrarian Reform
Convergence Initiative to develop a
National Greening Program in
cooperation with other government
agencies.
d
President Rodrigo Roa Duterte
(2016 – present)
Under his leadership, the President
wants to pursue an “aggressive” land
reform program that would help
alleviate the life of poor Filipino farmers
by prioritizing the provision of support
services alongside land distribution.
The President directed the DAR to
launch the 2nd phase of agrarian
reform where landless farmers would
be awarded with undistributed lands
under the Comprehensive Agrarian
Reform Program (CARP).
32
Duterte plans to place almost all public
lands, including military reserves,
under agrarian reform.
The President also placed 400 hectares
of agricultural lands in Boracay under
CARP.
Under his administration the DAR
created an anti-corruption task force to
investigate and handle reports on
alleged anomalous activities by officials
and employees of the department.
The Department also pursues an
“Oplan Zero Backlog” in the resolution
of cases in relation to agrarian justice
delivery of the agrarian reform
program to fast-track the
implementation of CARP.
CARPER LAW RA 9700, RA 6657 NEXT
MEETING
PD No. 27 DECREEING THE
EMANCIPATION OF TENANT FROM
THE BONDAGE OF THE SOIL,
TRANSFERRING TO THEM THE
OWNERSHIP OF THE LAND THEY
TILL AND PROVIDING THE
INSTRUMENTS AND MECHANISM
THEREFOR.
Tenant Emancipation Decree
Who are covered?
• Tenant farmers of private
agricultural lands primarily
devoted to rice and corn under a
system of sharecrop or lease-
tenancy, whether classified as
landed estate or not.
This shall apply to all tenant farmers
of private agricultural lands
primarily devoted to rice and corn
under a system of sharecrop or lease-
tenancy, whether classified as landed
estate or not;
Owned Portion by the Tenant
Farmer
• Irrigated Lands – 5 hectare
• Non-irrigated Lands – 3 hectares
The tenant farmer, whether in land
classified as landed estate or not, shall
be deemed owner of a portion
constituting a family-size farm of
five (5) hectares if not irrigated
and three (3) hectares if irrigated;
Right of Retention
• the landowner may retain an
area of not more than seven (7)
hectares
• a landowner may keep his whole
covered land if its aggregate size
doesn’t exceed the retention
limit of 7 hectares
In all cases, the landowner may retain
an area of not more than seven (7)
hectares if such landowner is
cultivating such area or will now
cultivate it;
AN OWNER MAY NOT RETAIN
UNDER THE FOLLOWING CASES:
• If he as of October 21, 1972
owned more than 24 hectares of
tenanted rice or corn lands
• By virtue of LOI 474, if he as of
21 October 1972 owns less than
24 hectares of tenanted rice but
additionally owned as follows:
o Other agricultural land of
more than seven
hectares, whether
tenanted or not, whether
cultivated or not, and
33
 regardless of the income
derived therefrom; or
o Land use for commercial,
industrial, residential or
other urban purposes,
from which he derives
adequate income to
support himself and his
family
• Landowners who filed their
application for retention
BEFORE 27 August 1985, the
deadline set by Administrative
Order No. 1, Series of 1985,
may retain not more than
seven hectares of their
landholding covered by PD 27
regardless of whether or not
they complied with LOI Nos. 41,
45, and 52.
• Landowners who filed their
application AFTER 27 August
1985 but complied with the
requirement of LOI No. 41, 45
and 52 shall likewise be entitled
to such a seven hectares
retention area.
• However landowner who filed
their application for retention
AFTER the 27 August 1985
deadline and DID NOT COMPLY
with the requirements of LOI
Nos. 41, 45, and 52 shall only be
entitled to a maximum of five
(5) hectares as retention area.
Determination of cost
• Two and one-half (2 1/2) times
the average harvest of three
normal crop years
For the purpose of determining the cost
of the land to be transferred to the
tenant-farmer pursuant to this Decree,
the value of the land shall be equivalent
to two and one-half (2½) times the
average harvest of the three normal
crop years immediately preceding the
promulgation of this Decree;
Manner of Payment
• total cost of the land, including
interest at the rate of six (6) per
centum per annum
• paid by the tenant in fifteen (15)
years of fifteen (15) equal
annual amortizations (P.D. 27)
• NOTE: The period is extended to
twenty (20) years equal annual
amortization under Sec. 6, E.O.
228 of July 17, 1987 by Pres.
Corazon C. Aquino.
The total cost of the land, including the
interest at the rate of six (6) percentum
per annum, shall be paid by the tenant
in fifteen (15) years of fifteen (15)
equal annual amortizations;
Mode of Transfer of lands Tenant-
Beneficiaries under Presidential
Decree No. 27
1. OPERATION LAND TRANSFER
(OLT) under PD 27 and EO
228 - Operation Land
Transfer is the ORDERLY and
SYSTEMATIC TRANSFER of
land from the landowner to
the tenant-farmer under
Presidential Decree No. 27.
2. DIRECT PAYMENT SCHEME
(DPS) – The landowner and
the tenant-beneficiary can
AGREE on the DIRECT SALE
terms and conditions which is
not onerous to the tenant-
beneficiary.
In case of default, the amortizations
due shall be paid by the farmers
cooperative in which the defaulting
tenant-farmer is a member, with the
34
cooperative having a right of recourse Gets to retain 7 agricultural
against him; hectares activities; arable
suitable for
The government shall guaranty such farming) Sec. 3
amortizations with shares of stock in
government-owned and government- Retention limit is 5
controlled corporations; hectares

No title to the land owned by the a. All alienable

tenant-farmers under this Decree shall and disposable
be actually issued to a tenant-farmer lands of the public
unless and until the tenant-farmer has domain devoted to
become a full-pledge member of a duly or suitable for
recognized farmer’s cooperative; agriculture
b. All lands of
Title to land acquired shall not be the public domain
transferable except: in excess of the
specific limits as
• by hereditary succession determined by
• or to the Government Congress in the
preceding
Title to land acquired pursuant to this paragraph;
Decree or the Land Reform Program of c. All other
the Government shall not be lands owned by
transferable except by hereditary the Government
succession or to the Government in devoted to or
accordance with the provisions of this suitable for
Decree, the Code of Agrarian Reforms agriculture; and
and other existing laws and d. All private
regulations; lands devoted to
or suitable for
The Department of Agrarian Reform agriculture
through its Secretary is hereby regardless of the
empowered to promulgate rules and agricultural
regulations for the implementation of products raised or
this Decree. that can be raised
thereon.
PD 27 VS RA 6657 (Comprehensive
Agrarian Reform Program)
Retention Limits
Coverage There will be left something to the
landowners.
PD 27 RA 6657
The land must Specific lands PD 27 RA 6657 (Sec. 6)
be DEVOTED to covered by CARP. Landowners **availing right of
RICE or CORN Applies only to covered by PD retention under PD
crops. agricultural lands 27 are entitled 27 will bar his
(land devoted to to retain SEVEN exercise of the

35
(7) hectares, retention right — It also amends other provisions
except those under CARL. ** stated in CARP. It was signed
whose entire into law on August 7, 2009, by
tenanted rice A. Landowners Gloria Macapagal Arroyo and
and corn lands whose landholding was set to expire on June 30,
are subject to are covered by 2014. However, the program of
acquisition and CARP may retain distributing lands to farmer-
distribution an area of FIVE beneficiaries continued even
under OLT (5) hectares. after June 2014.
(Operation Land — Program: CARP
Transfer) B. In addition, 1. What is being implemented
each of his — Retention limits PD 27: 7
children, hectares, in addition 3 hectares
(legitimate, to each child (15 yrs old, and
illegitimate or tilling the land) acquired vested
adopted may be rights
AWARDED three — if tenanted
(3) hectares as 1. beneficiary to another land
PREFERRED 2. to remain in the land
BENEFICIARY — XPN in retention limit (land
provided: owner is not covered by the law,
>That the child less than 5 hectares or no notice
was at least 15 of coverage was issued to the
years of age on owner)
the June 15, 1988 — Waiver of right to retention
(RA 6657- 1.
effectivity); and — Sec. 6 A – LGUs would allot
>The child was lands for public purposes
actually tilling — Sec. 10 – those that are not
the land or covered by the program
directly managing 1. Wildlife, forest reserves,
the farmland from parks, reforestation, fish
June 15, 1988 to sanctuaries
the filing of the — Sec. 16. – procedure for
application for acquisition of private lands
retention and/or (proceeding in rem)
at the time of 1. DAR will issue notice and
acquisition of the post it in a conspicuous
land under CARP. place
RA 9700 Comprehensive Agrarian 2. If accepts, payment
Reform Program Extension with through LBP, executes
Reforms (“CARPER”) deed of transfer. Owner
will surrender (to be
— Amended CARP cancelled) duplicate of title
— amendatory law that extends upon payment of just
again the deadline of distributing compensation
agricultural lands to farmers for ▪ Register of deeds
five years

36
 ▪ Issued to the owner
(duplicate of title)
3. If rejects, will conduct
summary. DAR shall
decide the case
4. If no response (after
deposit of the just
compensation to the LBP),
DAR shall take possession
to the land
— Sec. 22 – qualified beneficiaries:
agricultural land leases etc
— Sec. 22-A – order of priority
(Agricultural lessees and share
tenants and regular
farmworkers) they are preferred
over other beneficiaries, length
of time of possession
— Maximum portion that can be
distributed is 3 hectares
— How to identify a beneficiary
(emancipation of patent and
CLOA)
— Sec. 24 – amended by RA 9700
1. Title becomes indefeasible
▪ Will not be subject
to collateral attack
— Usufructuary agreement – when
the title is still under the name of
the Republic, the beneficiary
shall have usufructuary rights
— Secretary of the DAR shall have
jurisdiction over this program
— Sec. 26 – payment of the
beneficiaries:
▪ Payment of the land
shall be in 30 (years)
annual amortization,
6% per annum
▪ Remedy or mortgagee
if the mortgagor failed
to pay: foreclosure, and
will be permanently
banned from being
beneficiary
— Sec. 27 – except through
hereditary succession, to the
government, LBP, other qualified
beneficiary for a period of 10
years.
o There can be redemption
within a period of 2 years
o With approval of the DAR
— Sec. 50 – doctrine of primary
jurisdiction
o When a particular subject
matter is cognizable by
administrative bodies like
quasi-judicial bodies, it
must first be brought to it
before elevating the case
to courts. In line with
exhaustion of
administrative remedies
o Quasi: other than it
functions mandated by
law, they have their own
rules of procedure
o DAR for agrarian reform
matters and its
implementation
▪ XPN: those cases
falling within the
jurisdiction of DA
and DENR
o Rule of Procedure as
suppletory
— Sec. 50-A – no court or
prosecutor can take cognizance
of cases pertaining to
implementation of CARP
o XPN: determination of
just compensation under
Sec. 5, RA 6657
o Only SC can hear a 2nd
MOR
o From BARK -> PARO ->
DARAB -> DAR -> CA
(CERTIORARI
PROCEEDINGS)
o Special agrarian court –
RTC
— Sec. 65 – conversion of lands:
o Failure to submit
requirements – the land
37
 will be reverted to the
program
o
RA 6657: Urban Land Reform and
Housing
RA 7279 Urban Development and
Housing Act of 1992 also called
Lina Law
SEC. 2. Declaration of State Policy and
Program Objectives. – It shall be the
policy of the State to undertake, in
cooperation with the private sector, a
comprehensive and continuing Urban
Development and Housing Program,
hereinafter referred to as the Program,
which shall:
(a) Uplift the conditions of the
underprivileged and homeless citizens
in urban areas and in resettlement
areas by making available to them
decent housing at affordable cost, basic
services, and employment
opportunities;
(b) Provide for the rational use and
development of urban land in order to
bring about the following:
(1) Equitable utilization of
residential lands in urban and
urbanizable areas with particular
attention to the needs and
requirements of the
underprivileged and homeless
citizens and not merely on the basis
of market forces;
(2) Optimization of the use and
productivity of land and urban
resources;
(3) Development of urban areas
conducive to commercial and
industrial activities which can
generate more economic
opportunities for the people;
(4) Reduction in urban
dysfunctions, particularly those
that adversely affect public health,
safety and ecology; and
(5) Access to land and housing by
the underprivileged and homeless
citizens;
(c) Adopt workable policies to regulate
and direct urban growth and expansion
towards a dispersed urban net and
more balanced urban-rural
interdependence;
(d) Provide for an equitable land tenure
system that shall guarantee security of
tenure to Program beneficiaries but
shall respect the rights of small
property owners and ensure the
payment of just compensation;
(e) Encourage more effective people’s
participation in the urban development
process; and
(f) Improve the capability of local
government units in undertaking urban
development and housing programs
and projects.
ARTICLE 13, SECTION 7, 1987
CONSTITUTION
Section 7. The State shall
protect the rights of subsistence
fishermen, especially of local
communities, to the preferential
use of the communal marine and
fishing resources, both inland
and offshore. It shall provide
support to such fishermen
through appropriate technology
and research, adequate
financial, production, and
38
 marketing assistance, and other
services. The State shall also
protect, develop, and conserve
such resources. The protection
shall extend to offshore fishing
grounds of subsistence
fishermen against foreign
intrusion. Fishworkers shall
receive a just share from their
labor in the utilization of marine
and fishing resources.
RA 8550/Philippine Fisheries Code
of 1998
— In connection to Art. XIII, Sec. 7
— Prohibitions to protect our
aquatic resources
FULL TEXT CASE
G.R. No. 142255 January
26, 2007
SAMAHAN NG MASANG PILIPINO
SA MAKATI, INC. (SMPMI),
vs.
BASES CONVERSION
DEVELOPMENT AUTHORITY(BCDA)
VELASCO, JR., J.:
DIGEST
REGISTERED PROPERTY COULD NOT
BE ACQUIRED THROUGH ADVERSE
POSSESSION
FACTS:The petitioner Samahan ng
Masang Pilipino sa Makati, Inc.,
(SMPMI) filed a Petition for the
Issuance of a Temporary Restraining
Order and Injunction to prohibit the
respondent, Bases Conversion
Development Authority (BCDA) from
evicting its members from their houses
in Fort Bonifacio. The case was filed
pursuant to RA 7227, otherwise known
as The Bases Conversion and
Development Act of 1992, which grants
sole jurisdiction to the Supreme Court
for the issuance of Injunction or
Restraining Order against BCDA.
SMPMI’s members are residents of Fort
Bonifacio who have been peacefully
and continuously occupying portions of
land in the name of BCDA. BCDA,
pursuant to RA 7227, and the
Municipality of Taguig, through its
mayor, sent 30-day notices of eviction
to SMPMI’s members.
SMPMI alleged that Fort Bonifacio is
covered by Transfer of Certificate of
Title (TCT) No. 2288, in the name of the
United States of America (USA), which
has not been cancelled. BCDA, on the
other hand, contended that the
property covered by TCT No. 2288
covers Hacienda de Maricaban, which
was adjudged to be government
property in the case of Acting
Registrars of Land Titles and Deeds
of Pasay City, Pasig and Makati v.
RTC, Branch 57, Makati. It also
claimed ownership over Fort Bonifacio
pursuant to Sec. 7, in relation to Sec. 8
of RA 7227, whereby the President
transferred the ownership of the lots in
question to BCDA for important
government infrastructure projects.
Issue: Do the members of the SMPMI
have the right to retain the lands they
have been occupying in Fort Bonifacio?
Held: No, the members of the SMPMI
failed to prove that they have the right
to retain the lands they have been
occupying in Fort Bonifacio. The case
of Acting Registrars of Land Titles and
Deeds
of Pasay City, Pasig and Makati is
conclusive on the ownership of the then
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Hacienda de Maricaban by the Republic
of the Philippines. Other than the
argument that the USA is still the
owner, SMPMI has not put forward any
claim of ownership or interest in them.
As such, SMPMI’s members had taken
possession of the government land by
illegal means without any legal basis
and hence, cannot claim adverse
possession of public land. In a
plethora of cases, the Court has
reiterated the doctrine that registered
property could not be acquired
through adverse possession.
Therefore, SMPMI’s members have no
right to retain the lands they have been
occupying in Fort Bonifacio.
SEC. 28. Eviction and Demolition. –
Eviction or demolition as a practice
shall be discouraged. Eviction or
demolition, however, may be allowed
under the following situations:
(a) When persons or entities occupy
danger areas such as esteros, railroad
tracks, garbage dumps, riverbanks,
shorelines, waterways, and other
public places such as sidewalks, roads,
parks, and playgrounds;
(b) When government infrastructure
projects with available funding are
about to be implemented; or
(c) When there is a court order for
eviction and demolition.
In the execution of eviction or
demolition orders involving
underprivileged and homeless citizens,
the following shall be mandatory:
(1) Notice upon the affected persons or
entities at least thirty (30) days prior to
the date of eviction or demolition;
(2) Adequate consultations on the
matter of resettlement with the duly
designated representatives of the
families to be resettled and the affected
communities in the areas where they
are to be relocated;
(3) Presence of local government
officials or their representatives during
eviction or demolition;
(4) Proper identification of all persons
taking part in the demolition;
(5) Execution of eviction or demolition
only during regular office hours from
Mondays to Fridays and during good
weather, unless the affected families
consent otherwise;
(6) No use of heavy equipment for
demolition except for structures that
are permanent and of concrete
materials;
(7) Proper uniforms for members of the
Philippine National Police who shall
occupy the first line of law enforcement
and observe proper disturbance control
procedures; and
(8) Adequate relocation, whether
temporary or permanent: Provided,
however, That in cases of eviction and
demolition pursuant to a court order
involving underprivileged and
homeless citizens, relocation shall be
undertaken by the local government
unit concerned and the National
Housing Authority with the assistance
of other government agencies within
forty-five (45) days from service of
notice of final judgment by the court,
after which period the said order shall
be executed: Provided, further, That
should relocation not be possible within
the said period, financial assistance in
the amount equivalent to the prevailing
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minimum daily wage multiplied by sixty
(60) days shall be extended to the
affected families by the local
government unit concerned.

This Department of the Interior and

Local Government and the Housing and
Urban Development Coordinating
Council shall jointly promulgate the
necessary rules and regulations to
carry out the above provision.

SEC. 29. Resettlement. – Within two

(2) years from the effectivity of this
Act, the local government units, in
coordination with the National Housing
Authority, shall implement the
relocation and resettlement of persons
living in danger areas such as esteros,
railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and
in other public places such as
sidewalks, roads, parks, and
playgrounds. The local government
unit, in coordination with the National
Housing Authority, shall provide
relocation or resettlement sites with
basic services and facilities and access
to employment and livelihood
opportunities sufficient to meet the
basic needs of the affected families.

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