Agrarian law and Social Legislation

1st Semester, SY 2020-2021

2 Units

Atty. Aireen D. Sison-Madrona

Course Requirements and Grading System:

Attendance/Recitation/Quizzes - 50%
Exams (Midterm and Final) --- 50%

Final Grade: (100%)

Course Outline

References:

Agrarian law and Social Legislation by Atty. Paulino Ungos Jr.and Atty Paulino Ungos III
Supreme Court Cases
DAR AO

I. AGRARIAN LAW

 Part One – Overview of the Course on Agrarian Law

General Concepts of Agrarian Reform
Historical and Legal Backdrop

 Part Two – Legislative Backdrop

Act 4054 – Rice Share Tenancy Act of 1933
RA 1199 – Agricultural Tenancy Act of 1954
RA 3844 – Agricultural Land Reform Code of 1963
RA 6389 – Code of Agrarian Reforms of 1971
PD 27 – Tenants Emancipation Decree of 1972
EO 228 – Declaring Full Land Ownership to Qualified Beneficiaries under PD 27
Proc. 131 – Instituting a Comprehensive Agrarian Reform Program
EO 229 – Mechanisms for Implementation of CARP
EO 129-A – Modifying EO 129 Reorganizing and Strengthening DAR
RA 6657 – Comprehensive Agrarian Reform Program of 1988
RA 8532 – Amending the CARP
RA 9700 – CARPER Law

1st meeting/recitation

1
  Part Three – Land Acquisition
Agrarian Reform Defined – Sec. 3(a), RA 6657
Scope of the Program – Sec. 4, RA 6657
Priorities of Coverage – Sec. 7, RA 6657
Land Acquisition: Compulsory Acquisition – Sec. 16, RA 6657
Land Acquisition: Voluntary Offer to Sell – Sec. 19, RA 6657

Cases:
Association of Small Landowners v. Sec. of Agrarian Reform, GR. No. 79310, July 14, 1989
Roxas v. CA, GR 127876, Dec. 17, 1999

Corporate Landowners: Stock Distribution Option – Sec. 31, RA 6657

Award of Lands to Children of Landowners – Sec. 6, RA 6657

 Issuance: DAR AO 2, S. 2009 – Rules and Regulations on the Acquisition and

Distribution of Agricultural Lands under RA 6657, as amended by RA 9700

 Part Four – Retention, Exemption and Exclusions

Retention Rights – Sec. 6, RA 6657
Case:
Alita vs. CA, GR 78517, Feb. 27, 1989

Issuance: DAR AO 2, s. 2003 – 2003 Rules of Procedure on Landowners Retention Rights

Exemptions and Exclusions – Sec. 10, RA 6657

Sec. 3(c) of RA 6657, in relation to DOJ Opinion No. 44 s. 1990 and the case of Natalia Realty v.
DAR, GR 103302, Aug. 12, 1993

 Issuances:DAR AO 13, S. 1990 – Rules and Procedures Governing Exemptions of Lands

under Sec. 10 of RA 6657

DAR AO 4, S. 2003 – 2003 Rules on Exemption of Lands under Sec. 3c, RA 6657 and
DOJ Opinion 44 s. 1990
Cases:
Milestone Farms, Inc., v. Office of the President, GR 182332, Feb. 23, 2011
Luz Farms v. Sec. of Agrarian Reform, GR 86889, Dec. 4, 1990
DAR v. Sutton, GR 162070. Oct. 19, 2005

2ND meeting

RA 7881 (1995) Exempting Prawn Farms and Fishponds from CARP

2
  Issuance: DAR AO 3, S. 1995 – Rules and Regulations on the Exemption of Fishponds
from the Coverage of CARL pursuant to RA 7881
Cases:
Central Mindanao University v. DARAB, GR 100091, Oct. 22, 1992
DAR v. DECS, GR 158228, March 23, 2004
Province of Camarines Sur v. CA, GR 103125, May 17, 1993
Roxas& Company, Inc. v. DAMBA-NFSW, GR 149548. Dec. 4, 2009

 Part Five – Land Valuation

Land Valuation under Operation Land Transfer pursuant to PD 27
PD 27 and EO 228: Valuation Formula under par. 4 of PD 27 and Sec. 2 of EO 228

Determination of Just Compensation – Sec. 17, RA 6657

Valuation and Mode of Compensation – Sec. 18, RA 6657
Procedure for Acquisition of Private Lands in Case of Landowner’s Rejection or Failure to Reply
– Sec. 16 (d) of RA 6657
Land Valuation and Landowner Compensation, Sec. IV-D of DAR AO 2, S. 2009

Cases:
Land Bank of the Phils. v. Natividad, GR 127198, May 16, 2005
Land Bank of the Phils. vs. CA, GR 118712, Oct. 6, 1995
Lubrica v. Land Bank of the Phils., GR 170220, Nov. 20, 2006
 Issuance: Preliminary Determination of Just Compensation per Rule XIX of the 2009
DARAB Rules of Procedure

3rd meeting

 Part Six – Land Redistribution

 Land Redistribution per Secs. 22 to 27 of RA 6657, as amended
 Principle of affordability to the farmers
Case: Land Bank of the Phils. v. Palmares, GR 192890, June 17, 2013

 Indefeasibility of Titles
Case: Estribillo v. DAR, GR 159674, June 30, 2006
Part Seven- Land Tenure Improvement
Determination of Lease Rentals – Sec. 12, RA 6657

 Leasehold Relationship
Cases:
Caballes v. DAR, GR 78214, Dec. 5, 1988

3
Gabriel v. Pangilinan, GR L-27797, Aug. 26, 1974
Gelos v. CA, GR 86186, May 8, 1992
 Issuance: AO 2, s. 2006 – Revised Rules and Procedures Governing Leasehold
Implementation in Tenanted Agricultural Lands

 Production-Sharing – Sec 32, RA 6657

Agribusiness Venture Arrangements (AVAs) in Agrarian Reform Areas per DAR AO 09-
06

 Part Eight – Conversion of Agricultural Lands

 Conversion of Lands – Sec 65, RA 6657

Conversion of Agricultural Lands: Difference among Exemption, Conversion and
Reclassification
Cases:
CREBA v. Secretary of Agrarian Reform, GR 183409, June 18, 2010
Ros v. DAR, GR 132477, Aug. 31, 2005
Land Reclassification – Sec. 20 of RA 7160 or the Local Government Code of 1991

 Issuances:
MC 54, s. 1993 from the Office of the President – Prescribing the Guidelines governing Sec. 20
of RA 7160 Authorizing Cities And Municipalities to Reclassify Agricultural Lands to Non-
Agricultural Uses

DAR AO 1-02 – The 2002 Comprehensive Rules on Land Conversion

Cases:
Fortich v. Corona, GR 131457, April 24, 1998 – Decision, Opinion and Resolution of the Motion
for Reconsideration with the Decision of the Office of the President (OP) on the Sumilao Case

 Part Nine – Mechanisms for Program Implementation

Presidential Agrarian Reform Council – Secs. 41, 42, 43, 49, RA 6657
Provincial Agrarian Reform Coordinating Committee – Secs. 44 and 45, RA 6657
Barangay Agrarian Reform Committee – Secs. 46 to 48, RA 6657
Department of Agrarian Reform – EO 129-A dated July 26, 1987
Department of Agrarian Reform Adjudication Board (DARAB) – Sec. 13, EO 129-A

 Part Ten – Financing the Program

Funding Source per Sec. 63 of RA 6657 and Financing under Secs. 21 and 22 of EO 229 (1987)

4
RA 8532 (1998) Providing Augmentation Fund for the CARP with an Additional Amount of Fifty
Billion Pesos
Additional Funding Source – Sec. 21 of RA 9700, amending Sec. 63 of RA 6657

 Part Eleven – Agrarian Justice or the Resolution of Agrarian Disputes

Administrative Adjudication – Secs. 50-53 of RA 6657
DAR AO 3, S. 2003 – 2003 Rules on Agrarian Law Implementation [ALI] Cases

 The 2009 DARAB Rules of Procedure

Case: Vda. de Tangub vs. CA, UDK 9864, Dec. 3, 1990

Award to Beneficiaries – Sec. 9 of RA 9700 amending Sec. 24 of RA 6657

 Issuance: DAR AO 3, S. 2009 – Rules and Procedures Governing the Cancellation of
Registered CLOAs, EPs and Other Titles Issued under Any Agrarian Reform Frogram
Case: DAR v. Cuenca, GR 154112. Sept. 23, 2004

Exclusive Jurisdiction on Agrarian Dispute – Sec. 19, RA 9700 amending Sec. 50-A, RA
6657
 Issuance: DAR AO 4, S. 2009 – Rules and Regulations Implementing Sec. 19 of RA 9700
(Jurisdiction on and Referral of Agrarian Disputes)

 Special Agrarian Courts – Sec 57, RA 6657

Cases:
Land Bank of the Phils. v. CA, GR 128557, Dec. 29, 1999
Land Bank of the Phils. v. Celada, GR 164876, Jan. 23, 2006
Land Bank of the Phils. v. Heirs of Eleuterio Cruz, GR 175175, Sept. 29, 2008
Land Bank of the Phils. v. Martinez, GR 169008, Aug. 14, 2007
Phil. Veterans Bank v. CA, GR 132767, Jan. 18, 2000

Modes of Appeal / Review from the DARAB

Rule 43 of the Rules of Court (1997 Rules of Civil Procedure)
Certiorari – Sec. 54 of RA 6657 and Rule 65 of the Rules of Court

 Part Twelve – Jurisdiction on Agrarian Disputes

Updates on Laws on Rules of Procedure of DARAB

 Jurisprudence on Jurisdiction over Agrarian Cases

Cases:

5
DAR v. Paramount Holdings Equities, Inc., GR 176838, June 13, 2013
Del Monte Phils. Inc. Employees Agrarian Reform Beneficiaries Cooperative (DEARBC) v.
Sangunay, GR 180013, Jan. 31, 2011

 Part Thirteen – Support Services

Support Services to Stakeholders – Secs. 36 to 29, RA 6657
Prohibited Acts and Omissions under Sec. 73 of RA 6657

MIDTERM EXAMINATION

II. SOCIAL LEGISLATION

 Domestic Workers Act
Apex mining vs. NLRC, G.R. No. 94951, April 22, 1991

 The Migrant Workers and Overseas Filipinos Act of 1995

Sto. Tomas vs. Salac,G.R. No. 15264, 2November 13, 2012
Sameer Overseas vs. Camiles, G.R. No. 170139, August 5, 2014

 The Paternity Leave Act of 1996

 The Solo Parents’ Welfare Act of 2000

 Magna Carta of Persons with Disability

 The Senior Citizen Act
Southern Luzon drug vs. DSWD, G.R. No. 199669

 The Social Protection of Children Against Abuse, Exploitation and Discrimination Act
Caballo vs. CA, G.R. No. 198732, June 10, 2013

 The Magna Carta of Women

Capin-Cadiz vs. Brent,G.R. No. 187417, February 24, 2016

 Anti-violence Against Women and Their Children Act of 2004

Lee vs. Ilagan, October 8, 2014, G.R. No. 203254
Dinamling vs. People, G.R. No. 199522, June 22, 2015

 Anti-Trafficking of Persons Act of 2003

People vs. Willington, G.R. No. 211721, September 20, 2017
People vs. Sayo, April 10, 2019, G.R. No. 227704

 The Anti-Sexual Harassment Act of 1995

Narvasa vs. Sanchez, G.R. No. 169449, March 26, 2010
Domingo vs. Rayala, G.R. No. 155831, February 18, 2008

 The Home Development Mutual Fund Law of 1980

Mercury vs. HDMF, G.R. No. 171438, December 19, 2007

6
  The National Health Insurance Act of 1995
KMU vs. Aquino, June 28, 2016, G.R. No. 210761
Philhealth vs. Chin Gen Hospital, G.R. No. 163123. April 15, 2005

 The Social Security Act of 1997

SSS vs. COA, G.R. No. 149240, July 11, 2002
Turingan vs. Garfin, G.R. No. 153284, April 17, 2007

 The Government Service Insurance System Act of 1997

GSIS vs. COA, G.R. No. 162372, October 19, 2011
GSIS vs. CA, G.R. No. 128471, March 6, 1998

FINAL EXAMINATION