1.

0 BASIC PRINCIPLES

The effective(??) Social laws are the promotion of social justice.

Calalang v Williams:
https://allinanutshelll.wordpress.com/2012/12/06/digest-calalang-vs-williams/

Concept of Communism
Despotism - exercise of absolute power, especially in a cruel and oppressive way.
Atomism- about individualism, one is motivated by selfishness that everything and
everybody revolve around one person
Anarchy - lawless situation wherein everything is going in his own direction.

1.1 Definition of Social Law

- Social legislation refers to the laws that afford protection, provide welfare benefits, foster
the common good among the working class in order to improve their working condition
- all laws passed by the State to promote public welfare.
- Involves laws that provide specific type of protection or benefits to society or
segments thereof in its furtherance.
- Includes statutes intended to enhance the welfare of the people even there is no Er-Ee
relationship.
- Ex: GSIS Law, SSS, Philhealth, Agrarian Laws

1.1.1. Concept of Utilitarianism

Utilitarianism is a theory of morality, which advocates actions that foster happiness and
opposes actions that cause unhappiness. Utilitarianism promotes "the greatest amount of good
for the greatest number of people."
● a philosophical view or theory about how we should evaluate a wide range of things that
involve choices that people face
○ Things - actions, laws, policies, character traits, and moral codes.
● a form of consequentialism because it rests on the idea that it is the consequences or
results of actions, laws, policies, etc. that determine whether they are good or bad, right
or wrong
● In general, whatever is being evaluated, we ought to choose the one that will produce
the best overall results. In the language of utilitarians, we should choose the option that
“maximizes utility”
● utilitarians think that what makes a morality be true or justifiable is its positive
contribution to human (and perhaps non-human) beings

1.1.2. Rationale for the Enactment of Social Laws

General Welfare.
- "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. . . .
 - Peace, safety and security, public order, and public morals. Anything for common
good.
- Welfare of the society, WHICH consists of health, peace, morality, and safety
[calalang v williams] of its citizens

Sources of Enacting Social Laws

1. Constitution - Article 13
2. Police Power [-] - PP is exercise
a. Pandemic - closure of courts - x right to travel x in order to prevent covid

Police Power - the basis of social justice

- The inherent power of the gov to enact laws, within constitutional limits, to promote the
order, safety, health, morals, and general welfare society.
- - may enact for the protection of the employees.
😏😏😏😏😏

1.2 Social Justice

1.2.1 Objective of Social Justice
● To promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a rising standard of living,
and an improved quality of life for all (Art II, Sec 9 of the 1987 Constitution)
● To create economic opportunities based on freedom of initiative and self-reliance (Art
XIII, Sec 1 of the 1987 Constitution)
● To ensure the well-being and economic security of all the people, as well as the pledge
of protection to labor with the specific authority to regulate the relations between
landowners and tenants and between labor and capital

1.2.2. Definition of Social Justice

● SOCIAL JUSTICE. — 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 social and economic forces, there must be human element-humanization.

● 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 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 divers and 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)
 ● Those who have less in life should have more in law.” (President Ramon Magsaysay)

1.3 Constitutional Provision on Social Justice

Article 13, 1987 Constitution
Social Justice and Human Rights (SECS 1-2)
SECTION 1
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
through:
● equitably diffusing wealth and political power for the common good
● regulate the acquisition, ownership, use, and disposition of property and its increments

SECTION 2
promotion of social justice includes the commitment to create economic opportunities based on
freedom of initiative and self-reliance

^ not the law itself, but the guiding principle for congress in enacting laws.
^ the source of our state in enacting social laws

Labor (SEC 3)
SECTION 3
State to afford full protection to labor, local and overseas, organized and unorganized, and
promote full employment and equality of employment opportunities for all
guarantee rights to:
^ domestic workers or employed locally
^overseas - employed abroad - especially thru the agency of POEA an attached agency to
DOLE, OWWA
POEA - to clear the overseas employment contract of OFWs bec tehre are standard
provisions that must be included in the contract of OFWs
^”organized” meaning there is an establishment or union wherein the workers
^”full employment” means
^”equality” - opportunity
Ex: college graduate working as a bus boy, not equality at all.

● self-organization, collective bargaining and negotiations, peaceful concerted activities,

and right to strike in accordance with law
entitled to:
● security of tenure, humane conditions of work, and a living wage and participate in policy
and decision-making processes affecting their rights and benefits
promote:
● principle of shared responsibility between workers and employers

Agrarian and Natural Resources Reform (SECS 4-6)

SECTION 4
● 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
● encourage and undertake the just distribution of all agricultural lands
● in determining retention limits, the State shall respect the right of small landowners
 ● State shall further provide incentives for voluntary land-sharing

Social Law: tends towards to Labor Law

Quantitative Justification: 85% of our population are laborers
Qualitative Justification: our weakest link - laborers
- Directed to labor because labor is the weakest link.

LL: Direct matters to workers. WELL BEING

SL: Direct Interest of the workers (social security) WELFARE OF SOCIETY IN
GEENRAL, compensation, social security

Application
LL: benefits to workers who are actively employed
SL: Employment which are interrupted by sickness, disability, death, retirement, and
other causes.

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;
Rationale: Because the government wants them because that's the only way to
_____ employer’s resources
To level playing field; more opportunity to negotiate and provide them favorable
conditions
Collective bargaining and negotiations: collective bargaining agreement (CBA)
- Purpose: to improve the terms and conditions of employment, as prescribed by law,
these will not be enough to enjoy quality living.
- End product: agreement -> will have force & effect of law between the parties
- Daily wage (not enough to enjoy the amenities life has to offer)
- Workers thru union can demand increase of wage
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
Before a union goes on a strike there must be:
1. Deadlock in negotiations
2. Unfair labor practices
3. Union busting
a. Must be accdg to law otherwise (eg. violence, etc) will be illegal, loss of
seniority rights
Entitled to security of tenure - due process before dismissal
- Will sleep at night not fearing they'll their work tomorrow???
- Significance of due process: work is treated as property, it must not be taken away
without due process.
● Procedural: Observance of due process of law (opportunity to be heard, give show
cause)
● Substantive: ensure employment; can only be dismissed due to just causes?
Right to participate in policies and decision making
● Formulation of personal code of conduct
 ● Negotiation for CBA - only matters affecting the employees not matters of the
company per se (latter is for board of directors only)
3rd par. (preferred than legal battle)
● Any dispute between EE & ER should be settled amicably because it would be
counterproductive for both if they resort to arbitration
○ Conciliation - with presence of impartial 3rd personality who would act as a
referee (eg. pacifier)
○ Mediation - 3rd party personality will make proposals for adoption of the
parties to arrive in an amicable settlement
○ Voluntary arbitration - arbitrator (still impartial 3rd personality) will render a
decision
● Reason: unequal resources (management can always sustain a protracted
litigation?); EE would have no source of income while the dispute is ongoing
● If no settlement: judicial dispute resolution
○ The judge will make comments pertaining to the merits of the case; and then
will be raffled of to another
○ Eg. advice that cause of action is weak
● Main objective: foster industrial peace (EE will focus more on their work; ER focus
more on managing the business and think of means and ways to increase their
production)
4th par?
● First time that provision mentions the ER
○ Recognition that they’re entitled to ROI (reasonable returns) on their
investments
1.3.1. Labor
- Labor law and Social Law Compared - Social law to promote good, but with
special reference to labor because: 1] quantitative - number; majority of our
population consists of labor; 2] qualitative - weakest link of society

- Example of labor laws

- Philippines’ minimum wage law.
- Labor Orientation of Social Laws
1.3.2. Agrarian Reform and Natural Resources
- Historical Timeline

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”

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 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.
 ● Tenancy Act of 1933 (Act No. 4054 and 4113) – regulated relationships between
landowners and tenants of rice (50-50 sharing) and sugar cane lands.

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 (50-50 share)
● 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”

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.

Unfortunately, the end of war also signaled the end of gains acquired by the peasants.

Upon the arrival of the Japanese in the Philippines in 1942, peasants and workers organizations
grew strength. Many peasants took up arms and identified themselves with the anti-Japanese
group, the HUKBALAHAP (Hukbo ng Bayan Laban sa Hapon).

Philippine Republic

“The New Republic”

After the establishment of the Philippine Independence in 1946, the problems of land tenure
remained. These became worst in certain areas. Thus the Congress of the Philippines revised
the tenancy law.

President Manuel A. Roxas (1946-1948) enacted the following laws:

● Republic Act No. 34 -- Established the 70-30 sharing arrangements and regulating
share-tenancy contracts.
● Republic Act No. 55 -- Provided for a more effective safeguard against arbitrary
ejectment of tenants.

Elpidio R. Quirino (1948-1953) enacted the following law:

Executive Order No. 355 issued on October 23, 1950 -- Replaced the National Land Settlement
Administration with Land Settlement Development Corporation (LASEDECO) which takes over
the responsibilities of the Agricultural Machinery Equipment Corporation and the Rice and Corn
Production Administration.

Ramon Magsaysay (1953-1957) enacted the following laws:

● Republic Act No. 1160 of 1954 -- Abolished the LASEDECO and established the
National Resettlement and Rehabilitation Administration (NARRA) to resettle dissidents
and landless farmers. It was particularly aimed at rebel returnees providing home lots
and farmlands in Palawan and Mindanao.
● Republic Act No. 1199 (Agricultural Tenancy Act of 1954) -- governed the relationship
between landowners and tenant farmers by organizing share-tenancy and leasehold
system. The law provided the security of tenure of tenants. It also created the Court of
Agrarian Relations.
● Republic Act No. 1400 (Land Reform Act of 1955) -- Created the Land Tenure
Administration (LTA) which was responsible for the acquisition and distribution of large
tenanted rice and corn lands over 200 hectares for individuals and 600 hectares for
corporations.
● Republic Act No. 821 (Creation of Agricultural Credit Cooperative Financing
Administration) -- Provided small farmers and share tenants loans with low interest rates
of six to eight percent.

President Carlos P. Garcia (1957-1961)

Continued the program of President Ramon Magsaysay. No new legislation passed.

President Diosdado P. Macapagal (1961-1965) enacted the following law:

Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) -- Abolished share
tenancy, institutionalized leasehold, set retention limit at 75 hectares, invested rights of
preemption and redemption for tenant farmers, provided for an administrative machinery for
implementation, institutionalized a judicial system of agrarian cases, incorporated extension,
marketing and supervised credit system of services of farmer beneficiaries.

The RA was hailed as one that would emancipate Filipino farmers from the bondage of tenancy.

President Ferdinand E. Marcos (1965-1986)

Proclamation No. 1081 on September 21, 1972 ushered the Period of the New Society. Five
days after the proclamation of Martial Law, the entire country was proclaimed a land reform area
and simultaneously the Agrarian Reform Program was decreed.

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.
● 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.

President Corazon C. Aquino (1986-1992)

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.
● 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 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.
 ● 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.

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 and exempted
fishponds and prawns from the coverage of CARP.
● Republic Act No. 7905, 1995 – Strengthened the implementation of the CARP.
● 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.
● Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an additional Php50
billion for CARP and extended its implementation for another 10 years.

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.

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.

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.

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.

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).

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.

Agrarian and Natural Resources Reform (SECS 4-6)

SECTION 4
● 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
● encourage and undertake the just distribution of all agricultural lands
● in determining retention limits, the State shall respect the right of small landowners
● State shall further provide incentives for voluntary land-sharing

AGRARIAN LAW
● Agrarian - derived from the latin word “ager” which means “a field:
● Means “relating to land or the the ownership or division of land”
● The distribution of public agricultural lands and large estates, as well as the regulation of
the relationship between the landowner and the farmer who works on the land
● Founded on the right of farmers and regular farmworkers who are landless, to own
directly or collectively the lands they till or to receive a just share in the fruits
● Primary objective: to break up agricultural lands and transform them into economic-size
farms to be owned by the farmers themselves
● goal/end view: uplifting their socio-economic status

Share Tenancy/Leasehold System

- 1. Republic Act No. 1199 (Agricultural Tenancy Act of 1954)
 - Under Magsaysay
- governed the relationship between landowners and tenant farmers by organizing
share-tenancy and leasehold system. The law provided the security of tenure of
tenants. It also created the Court of Agrarian Relations.
- Gave share tenants the right to shift to leasehold where they pay
landowners a fixed rental instead of a variable share
- Provided security of tenure to tenants by prohibiting the ejectment of
tenants unless the Court of Agrarian Relations found just cause
- 2. Abolished by RA 3844/ Agri Land Reform Code
- Aimed to make the farmer owners of the land they tilled
- Lowered the retention limit from 300 to 75 hectares
- Abolished share tenancy and instituted the leasehold system??

SHARE TENANCY

● a situation where 2 persons agree on a joint undertaking for agricultural production

wherein 1 part furnishes the land and the other his labor, with either or both contributing
any one or several of the items of production, the tenant cultivating the land personally
with the aid of labor available from members of his immediate farm household, and the
produce thereof to be divided between the landholder and the tenant
● In an agricultural leasehold - farmer cultivates the land belonging to/possessed by
another with the latter’s consent for a certain in money or produce or both
● CODE OF AGRARIAN REFORMS/ RA 3844 abolished this
● CURRENTLY: all share tenancy arrangements were automatically covered to leasehold

EXTENT OF APPLICATION OF THE LEASEHOLD PRINCIPLED UNDER RA 8344

● Due to enactment of CARL which compulsory acquired lands for distribution to farmer-
beneficiaries
● CURRENT SET-UP: agrarian reform beneficiaries can become lessors of agricultural
land
● But will only apply where the lessor is the landowner
○ 1. Farmers whose tenancy relations were automatically converted to leasehold
by virtue of RA 8344
○ Tenanted lands that were retained by the landowner, which were automatically
converted to leasehold by virtue of RA 8344
● Governed by the Lease Contract and by the said law
PD 27 v RA 6657

PD 27 (created under Marcos) RA 6657/CARL Comprehensive Agrarian Reform

Law (created under Aquino)

● Restricted land reform scope to
tenanted rice and corn lands
● Provided for tenanted lands devoted
to rice and corn to pass in ownership
to the tenants who worked the
properties
● Lowered the ceiling for landholdings to
7 ha
● Share tenants who worked from a
landholding of:
○ over 7 ha - could purchase the
land they tilled
○ Less than 7 - would become
leaseholders
● At the time of land transfer, Cert of
Land Transfer (CLT) were issued to
new owners and when payments were
completed, Emancipation Patents
(EP) were granted
● Before being given a CLT, a
beneficiary must join an agrarian
reform cooperative or Samahang
Nayon
● Covered all alienable and disposable lands
of the public domain devoted to or suitable
for agriculture
○ All lands in excess of the specific
limits as determined in by Congress
in Sec 4(a) of RA 6657
○ All other lands owned by the gov’t
devoted or suitable for agri
○ All private lands devotable/suitable
for agri regardless of the agri
products raised/can be raised
● Applies only to agricultural lands -
devoted to agricultural activity
○ (not residential, commercial,
industrial, mineral or forestland)
○ Raising of livestock, poultry, or fish
also not included
● This law is still being implemented at
present
● Basis of CARP
● Amended by RA 7881
○ On exemptions & exclusions from
CARP:
■ Lands actually used for
forest reserves, watersheds
and mangroves, fish
sanctuaries, etc
■ Private lands used for prawn
farms and fishponds
■ Used and necessary for
sites and institutions

More notes on CARL

● GR: covers
○ 1. All public and private agricultural lands
○ 2. Other lands of the public domain suitable for agri
● Not covered:
○ 1. Private lands with a total area of 5 hs and below
○ 2. Lands actually used for forest reserves, watersheds and mangroves, fish
sanctuaries, etc
○ 3. Private lands used for prawn farms and fishponds
○ 4. Used and necessary for sites and institutions
■ National defense
■ School sites/campuses
■ Farm stations for educational purposes
■ Seeds and seedling research
■ Church sites and convents; mosque sites and islamic centers
■ Communal burial grounds and cemeteries
■ Penal colonies and penal farms
■ Research and quarantines centers
■ All lands with 18% slope and over, except those already developed
RA 9700 CARPER Law
● amends Republic Act No. 6657 on the Comprehensive Agrarian Reform Law 1988
○ Sec 5 of RA 9700 extended the implementation of CARL, particularly the
acquisition and distribution of agricultural lands to June 30, 2014
○ the Act provides for the protection of smallholders and family farms
● The Act further provides for the establishment of a Congressional Oversight Committee
on Agrarian Reform to oversee and monitor the implementation of this Act, and it defines
the composition of the Committee and its powers and functions

SEC 6, RA 9700 - RETENTION RIGHTS OF THE LANDOWNER

● Has the right to retain not more than 5 ha of his landholdings
● Retained area doesn’t need to be personally cultivated by the landowner; may be done
through labor administration
● Right of retention of a deceased landowner may be exercised by his heirs, upon proving
that the decedent landowner had manifested during his lifetime and before August 23,
1990 his intention to exercise his right of retention
● RATIONALE FOR RETENTION RIGHTS:
○ Right is constitutionally granted, which is subject to qualification by the legislature
○ To mitigate the effects of compulsory land acquisition by balancing the rights of
the landowner and the tenant
○ Retained area
■ is the land which is not supposed to leave anymore the landowner’s
dominion
■ Would spare the government from the inconvenience of taking land and
then return it to the landowner afterwards
■ Right may be waived
■ Spouses may retain 5 ha each depending on the property regime (can if
separate; can’t if conjugal or absolute community)
■ Reqs: compact/contiguous and doesn’t exceed retention ceiling of 5 ha
● WHEN TO EXERCISE RETENTION RIGHT
○ Any time before receipt of the notice of coverage
■ Otherwise, needs to signify his intent to retain w/n 60 days from receipt of
notice
● LANDOWNER WHO HAS EXERCISED HIS RETENTION RIGHTS UNDER PD 27 IS
NOT ENTITLED TO RETENTION RIGHTS UNDER RA 6657
● CHILDREN OF LANDOWNER ENTITLED TO 3 HA EACH
○ Conditions:
■ 1. Child is at least 15 yrs old
■ 2. Child is actually tilling or directly managing the land
○ Lands awarded to qualified children cannot be sold, transferred, or conveyed for
a period of 10 yrs
■ XPN:
● 1. Thru hereditary succession
● To the govt
● To the LBP
● To other qualified beneficiaries
○ Can repurchase land from government/LBP within 2 years from the date of
transfer
Urban Land Reform and Housing
RA 7279 known as Urban Development Housing Act of 1992
PURPOSE
● To enable the equitable utilization of residential lands in urbanizable areas with particular
attention to the needs of the underprivileged and homeless and not merely on the basis
of market forces, several provisions in RA 7279 address Acquisition Priorities in Land
Acquisition (Section 9), Modes of Land Acquisition (Section 10), Disposition (Section
12), and Valuation (Section 13) of lands for Socialized Housing.
SIMILARITIES BETWEEN SSS AND GSIS

SSS GSIS

DEPENDENTS 1. Legal spouse entitled for support;

2. Child, whether legitimate, legitimated, legally adopted or illegitimate;
3. Parents receiving regular support from the member.

FUNDING 1. Employer’s contributions

2. Employee’s/member’s contributions

EXEMPTIONS Property, assets, and revenues of SSS and GSIS are all exempt from
FROM TAX, taxes, and all benefits paid by SSS or GSIS shall likewise be exempt
LEGAL from taxes, assessments, fees, charges, and duties of all kind
PROCESSES,
AND LIEN

SSS LAW (R.A. NO. 8262) V GOVERNMENTS SERVICE INSURANCE SYSTEM (GSIS) LAW

SSS GSIS ECL (PD 626)

SCOPE 1. Employer – any 1. Employer – the 1. Employer - any person,

person, natural or national government, its natural or juridical,
judicial, domestic or political subdivisions, employing the services of
foreign who carries on in branches, agencies or the employee.
the Philippines any instrumentalities,
trade, business, industry including GOCCs, and 2. Employees – belonging
undertaking, or activity financial institutions with to either of the following
of any kind and uses the original charters, the sectors:
services of another constitutional
person who is under his commissions and the Public sectors, comprised
orders as regards judiciary of the following:
employment. (a) Employed workers
*EXCEPT: Government 2. Employee – any covered by the GSIS,
and any of its political person receiving including members of the
subdivisions, branches compensation while in AFP;
and instrumentality, service of an employer as (b) Elective officials who
including GOCCs, i.e., defined herein, whether are receiving regular
those under GSIS. by election or salary;
appointment (c) Those employed as
2. Employee – any Casual, Contractual,
person who performs Emergency, Temporary
services for an employer or Substitute Employees
who receives (Labor Code, Art. 173[g])
compensation for such Private sector, comprising
services, where there is all the employed workers
an employer-employee who are covered by the
 relationship. SSS;

3. Self-Employed – Overseas Filipinos (ECL

considered both Rules, Sec. 5, Rule 1)
employer and
employee.

DEPENDE 1. Legal spouse entitled for support; 1. Legitimate spouse

NTS 2. Child, whether legitimate, legitimated, legally living with the employee
adopted or illegitimate; 2. Child, whether
3. Parents receiving regular support from the legitimate, legitimated or
member. legally adopted;
3. Parents of said
employee wholly
dependent upon him for
regular support.

CONDITI 1. Unmarried; Not 1. Not over age of 1. Not over 21 years of

ONS FOR gainfully employed; majority; OR age provided that he is
CHILD TO 2. Has not reached 21 2. Incapable of supporting enrolled in school; OR
BE years of age; OR himself either physically 2. Over twenty-one years
CONSIDE 3. Incapable of or mentally prior to 21 of age provided that he is
RED supporting himself either years of age or age of congenitally incapacitated
DEPENDE physically or mentally majority, as the case may and incapable of
NT prior to 21 years of age be selfsupport physically or
or age of majority, as mentally
the case may be

BENEFICI a. Dependent Spouse, a. Legal Dependent a. Dependent Spouse

ARIES until remarriage; AND Spouse until until he remarries; AND
1. b. Dependent remarriage ;AND b. Dependent Children
PRIMARY Legitimate or b. Dependent Children who are the primary
Legitimated or Legally beneficiaries
Adopted and Illegitimate
Children

2. a. Dependent Parents a. Dependent Parents a. Dependent Parents

SECOND b. Absent primary and AND b. Illegitimate Children
ARY secondary beneficiaries, b. Legitimate and Legitimate
any other person descendants, subject to Descendants, who are
designated by member restrictions on dependent the secondary
as secondary children beneficiaries
beneficiary

3. As to DEATH
OTHERS BENEFITS, if no
beneficiary qualifies
under the Act, benefits
shall be paid to Legal
Heirs in accordance with
 Law of Succession
BENEFIT 1. Monthly Pension
S 2. Dependents Pension
3. Retirement
4. Death
5. Permanent Disability
6. Funeral
7. Sickness
8. Maternity (ONLY 1ST
FOUR DELIVERIES OR
MISCARRIAGES)
COVERA a. All employees not
GE over 60 years of age
1. and their employers;
COMPUL (effective date: on the
SORY first day of his operation
and that of the
employee on the day of
his employment)
b. Self-employed
persons, as may be
determined by the
Commission under such
rules and regulations as
it may prescribe,
including, but not limited
to:
i. all self-employed
professionals;
ii. partners and
single-proprietors of
business;
iii. actors and
actresses,
directors,
scriptwriters and
news
correspondents not
employees;
iv. professional
athletes,
coaches, trainers
and jockeys,
and individual
1. Monthly Pensions 1. Medical
2. Separation 2. Temporary Total
3. Unemployment or Disability
Involuntary Separation 3. Permanent Total
4. Retirement Disability
5. Disability 4. Permanent Partial
6. Survivorship Disability
7. Funeral 5. Death
8. Life Insurance
9. Loan Grants
*EXCEPT Judiciary and
Constitutional
Commissions who shall
have life insurance only
All employees receiving a. All employers;
compensation who have b. Employees not over 60
not reached compulsory years old;
retirement age, c. Employees over 60
irrespective of years old and paying
employment status contributions;
d. Employee coverable by
both the GSIS and SSS
are compulsorily covered
by both Systems; and
e. Filipino employees
employed abroad subject
to prescribed EC
regulations
(Labor Code, Art. 175;
Amended Rules on
Employees’
Compensation, Rule 1,
Sec. 2)
Compulsory coverage of
the employer shall take
effect on the first day of
his operation.
Compulsory coverage of
the employee shall take
effect on the first day of
his employment. (ECL
Rules, Sec. 6, Rule 1)
 farmers and
fishermen;
(effective date: on
registration with the
SSS)

c. Domestic helpers 60
years of
age and below,
provided, that their
monthly income is not
less than P1,000;
(effective date: upon
rendering at least 1
month of service)

2. a. Filipinos recruited by
VOLUNTA foreign -based
RY employers for
employment abroad;

b. Employee separated
from employment to
maintain his right to full
benefits;

c. Self -employed who

realizes no income for a
certain month;

d. Spouses who devote

full time to managing
household and family
affairs, unless
specifically mandatorily
covered.

*BY AGREEMENT: Any

foreign government,
international
organization or wholly
owned instrumentality
employing workers in
the Philippines or
employing Filipinos
outside the Philippines,
may enter agreement
with Philippines for
inclusion of such
employees in SSS
 EXCEPT those already
covered by their
respective civil service
retirement system.

COMPEN All actual remuneration The basic pay or salary All payments made for
SATION for employment, received by an employee, income benefits, and
including the mandated pursuant to his medical or related
cost-of-living allowance, election/appointment, benefits
the cash value of any excluding per diems,
remuneration paid in bonuses, overtime pay,
any medium other than honoraria, allowances
cash EXCEPT that part and any other
of the remuneration in emoluments received in
excess of the maximum addition to the basic pay
salary credit

BASIS OF Non-work connected Work-connected exempt

CLAIM disability, sickness, from liability where
maternity, death and old permanent disability due
age and other to his grave misconduct,
contingencies resulting habitual intoxication, or
in loss of income or willful intention to kill
financial burden (Sec. 2) himself or another (Sec.
15-17)

EFFECTS 1. Employer’s 1. Member shall continue

Employer's obligation to
OF contribution on his to be a member; and pay the monthly
SEPARAT account ceases at the contribution arising from
ION end of the month of 2. Member shall be that employment shall
FROM separation; entitled to whatever cease at the end of the
EMPLOY benefits he has qualified month of contingency and
MENT 2. Employee’s obligation to in the event of any during such months that
to contribute also contingency compensable he is not receiving wages
ceases at the end of the under this Act. or salary.
month of separation;

3. Employee shall be
credited with all
contributions paid on his
behalf and entitled to
benefits;

4. Employee may
continue to pay the total
contributions to maintain
his right to full benefits

FUNDING 1. Employer’s contributions 1. Employer’s

2. Employee’s/member’s contributions contributions
 2. Government guarantee

EXEMPTI Property, assets, and revenues of SSS and GSIS State Insurance Fund and
ON FROM are all exempt from taxes, and all benefits paid all its assets shall be
TAX/LEG by SSS or GSIS shall likewise be exempt from exempt from any tax, fee,
AL taxes, assessments, fees, charges, and duties of charge, levy, or customs
PROCES all kind or import duty
S/LIEN

PRESCRI 20 years from: 4 years from date of Claim for compensation -

PTIVE 1. time delinquency is contingency EXCEPT for 1 year from notice to the
PERIOD known; life and retirement employer
2. time the assessment benefits
is made by the SSS; or All money claims arising
3. time the benefit from employer-employee
accrues. (as the case relations accruing during
may be) the effectivity of this Code
- within 3 years from the
time the cause of action
accrued

SSS - RA 1161/SOCIAL SECURITY ACT OF 1954

● Approved on July 18, 1954 but only implemented on September 1, 1957

RATIONALE FOR ENACTMENT

● Pursuant to the policy of the State to establish, develop, and promote a sound and viable
tax-exempt social security system suitable to the needs of the people throughout the
Philippines
● Provide protection to members and their beneficiaries against the hazards of disability,
sickness, maternity, old age and death, and other contingencies resulting in loss of
income or financial burden

VALIDITY
● A legitimate exercise of police power - consti provision of “promotion of social justice ito
insure the well-being and economic security of all the people”

CONSTRUCTION
● Liberally construed in favor of those seeking its benefits

OTHER CHARACTERISTICS
● Not a law on succession
○ Heirs of employees < designated beneficiaries
○ Heirs only when beneficiary is the estate, no designated beneficiary, beneficiary
is void
● Not part of taxation system
○ Not intended for raising revenues but instead for the promotion of the general
welfare
● Funds are private funds
○ From members and are merely held in trust by the government
● Retroactive payment is not allowed
 ● May sue and be sued
○ A juridical entity with a personality separate and distinct from the government
○ Embrace all civil process incident to a legal action

QUASI-JUDICIAL FUNCTIONS
● Jurisdiction over disputes arising under the Social Security Act
● Jurisdiction over claim for damages
● Has no authority to condone penalties for late payment
○ Funds belongs to the members - can’t diminish the property rights of the owners
and beneficiaries of such funds

MEMBERSHIP
● Considered when he has been reported for SSS coverage and has paid at least one
month contribution
● Cannot withdraw once you become a member
○ If failed to remit contributions: benefits and loan privileges can still be availed as
long as the member meets the qualifying conditions for entitlement

CONTRIBUTIONS OF SELF-EMPLOYED
● Pays both the ER’s and EE’s contributions
● Monthly earnings declared at the time of registration - basis of monthly salary credit

GSIS
PURPOSE FOR ENACTMENT
To provide and administer the ff. social security benefits for government employees
1. Compulsory life insurance;
2. Optional life insurance;
3. Retirement benefits;
4. Disability benefits to work related contingencies;
5. Death benefits

COVERAGE
● All employees receiving compensation who have not reached compulsory retirement
age, irrespective of employment status
○ Nat’l gov’t, political subdivisions, branches, agencies, or instrumentalities
○ Gov’t owned or controlled corporations
○ Consti commissions
○ Judiciary
● Not subject:
○ Uniformed personnel of AFP, PNP, BFP, and BJMP
○ Barangay and Sanggunian officials who aren’t receiving fixed monthly
compensation
○ Contractual employees who aren’t receiving fixed monthly compensation
○ Employees who don’t have monthly regular hours of work and who aren’t
receiving fixed monthly compensation

MEMBERSHIP
● Takes effect on the date of assumption to office by virtue of the original appointment or
election
● Separation from service doesn’t terminate membership
○ Entitled to whatever benefits he has qualified to in the event of any compensable
 contingency

EMPLOYEE’S COMPENSATION LAW [ECL] (P.D. No. 626)

Definition of Injury, Accident, and Death
1. Injury: Any harmful change in the human organism from any accident arising out of and in the
course of employment. (ECC v. Sanico, G.R. No. 134028, 1999)

2. “Arising out of” refers to the origin or cause of the accident. “In the course of employment”
refers to the injury that takes place within the period of employment, at the place where the
employee reasonably may be, and while fulfilling his duties or is engaged in doing something
incidental thereto (Iloilo Dock & Engineering Co. v. WCC, G.R. No. L-26341, 1968)

3. “Accident” is an unintentional and unforeseen injurious occurrence that which happens by

chance or fortuitously without intention and design and which is unexpected, unusual, and
unforeseen (Sunga v. Virgen Shipping Corp., G.R. No. 198640, 2014) An “assault” although
resulting from a deliberate act of the slayer, is considered an “accident” under the law, since the
word “accident” is intended to indicate that “the act causing the injury shall be casual or
unforeseen, an act for which the injured party is not legally responsible.” (Taller Vda. de Nava v.
Ynchausti Steamship, G.R. No. 35741, 1932)

4. “Death” is the loss of life resulting from injury or sickness (Labor Code, Art. 173[m])

5. “Sickness” is any illness defined accepted as occupational disease listed by the Commission,
or caused by employment, subject to proof that the risk of contracting the same is increased by
work conditions (Labor Code, Art. 173[i])

6. “Disability” means loss or impairment of a physical or mental function resulting from injury or
sickness (Labor Code, Art. 173[n])

Rules on Compensability
1. For the injury and the resulting disability or death to be compensable, the injury must be the
result of accident arising out of and in the course of the employment (ECC Resolution No. 2799,
1984); and

2. For the sickness and the resulting disability or death to be compensable, the sickness must
be the result of an occupational disease listed under the Annex “A” of the Rules dealing with
occupational diseases with the conditions set therein satisfied. Otherwise, proof must be shown
that the risk of contracting the disease is increased by the working conditions (ECL Rules, Sec.
1, Rule III)

3. Only injury or sickness that occurred on or after January 1, 1975 and the resulting disability or
death shall be compensable (ECL Rules, Sec. 1, Rule III)

When temporary total disability becomes permanent total disability

1. Declared by the company-designated physician within 120 or 240 day treatment period; or
2. In case of absence of such a declaration either of fitness or permanent total disability, upon
the lapse of the 120 or 240 day treatment period, while the employee’s disability continues and
he is unable to engage in gainful employment during such period, and the company physician
fails to arrive at a definite assessment of the employee’s fitness or disability (Alpha Ship
Management v. Calo, G.R. No. 192034, 2014)
Magna Carta of Women, RA 9710
● a comprehensive women’s human rights law that seeks to eliminate discrimination
against women by recognizing, protecting, fulfilling and promoting the rights of Filipino
women, especially those in the marginalized sectors

OBJECTIVES
● Emphasizes the rights of women and institutionalizes the substantive equality of men
and women
● Essence of the law - not only to provide equal opportunities for women but also their
empowerment

RIGHTS GUARANTEED
1. Protection from all forms of violence, including those committed by the State
2. Protection security in times of disaster, calamities and other crisis situations
3. Participation and representation
4. Equal treatment before the law
5. Equal access and elimination of discrimination against women in education
6. Equal participation in sports
7. Non-discrimination in employment in the field of military, police and other similar services
8. Non-discriminatory and non derogatory portrayal of women in media and film
9. Comprehensive health services and health information and education
10. Special leave benefits
a. for women employees who undergo surgery caused by gynecological disorders,
provided that they have rendered continuous aggregate employment service of at
least six (6) months for the last twelve (12) months
11. Equal rights in all matters relating to marriage and family relations

DEFINITION OF DISCRIMINATION
● any gender-based distinction, exclusion, or restriction which has the effect or purpose of
impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of
their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field;

● any act or omission, including by law, policy, administrative measure, or practice, that
directly or indirectly excludes or restricts women in the recognition and promotion of their
rights and their access to and enjoyment of opportunities, benefits, or privileges;

● a measure or practice of general application that fails to provide for mechanisms to

offset or address sex or gender-based disadvantages or limitations of women, as a
result of which women are denied or restricted in the recognition and protection of their
rights and in their access to and enjoyment of opportunities, benefits, or privileges; or
women, more than men are shown to have suffered the greater adverse effects of those
measures or practices; and

● discrimination compounded by or intersecting with other grounds, status, or condition,

such as ethnicity, age, poverty, or religion.

FUNDS
● the State agencies should utilize their gender and development budgets for programs
and activities to implement its provisions
 ● shall be charged against the current appropriations of the concerned agencies, and shall
be included in their annual budgets for the succeeding years

SPECIFIC RESPONSIBILITIES OF THE GOVERNMENT

● mandates all government offices, including government-owned and controlled
corporations and local government units to adopt gender mainstreaming as a strategy
for implementing the law and attaining its objectives
● also mandates (a) planning, budgeting, monitoring and evaluation for gender and
development, (b) the creation and/or strengthening of gender and development focal
points, and (c) the generation and maintenance of gender statistics and sex-
disaggregated databases to aid in planning, programming and policy formulation
● Philippine Commission on Women (PCW), formerly, the National Commission on the
Role of Filipino Women - monitoring and oversight body

RA 6657 -- next meeting --- 1.3.2