SYLLABUS
AGRARIAN REFORM and SOCIAL LEGISLATION OUTLINE
2016 Edition
(Atty. Daniel C. Gutierrez)
(Suggested References: Ungos, Paulino Jr. D. Agrarian Reform and Social
Legislation (2013 Edition)
Barte, Recaredo P. Agrarian Reform Law Revisited
(2015 Edition)
Chapter |
Preliminary Background Materials
(Consult Economics and History Texts)
A. Definition of Agriculture
[ * 3 Stages of Agricultural Development
. B. Definition of Land Tenure
iy [L C. _ Related and Background Concepts:
(1) Divine Right of Kingship
(2) Feudalism
(3) Spanish Encomienda System (Latin America & Philippines)
(4) Regalian Doctrine
(8) Land Registration Act of 1902
(6) Public Land Act of 1902
(7) Friar Lands Act
(8) Rice Share Tenancy Act of 1933
(9) Sugarcane Tenancy Contracts Act of 1933
(10) Republic Act 34 of 1946 (Agricultural Sharing)
(11) Republic Act 1160 of 1954 (National Resettlement and Rehabilitation)(12) Republic Act 1199 of 194 (Tenancy Rights)
(13) Agricultural Land Reform Code of 1963 (August 6)
(14) Presidential Decree No. 2 of 1972 (September 27)
(15) Presidential Decree No. 27 of 1972 (October 27)
Police Power as Doctrinal Basis of Agrarian Reform
D,
CHPRLBNE GRACE
FERRER — Associacion de Agricultores v. Talisa-Silay Miling, 88 SCRA 284
(G.R. No. 19937 February 19, 1979)
CRECITE \S MINUTES
on Chapter I - GROVE 2
ELEN ORDA Agricultural Leasehold Concept
|, AGRICULTURAL LAND REFORM CODE (Rep. Act No. 3844)
4. STATUTORY PROVISIONS-
(Rep. Act No. 3844)
Repayment scheme and credit assistance
Jurisdiction on Agrarian disputes
Special Agrarian Courts
B. DEFINITION OF TERMS — (According to Section 166,
Chapter IV, R.A. No. 3844)
Modes of Land Tenure Allowed under R.A. No. 3844
How leasehold relationship is established
Parties to Leasehold Relation
Cc, ESSENCE OF LEASEHOLD RELATIONSHIP
Tenurial Arrangement of Leasehold
Security of land tenure
Yolanda Caballes vs. DAR, et al.
G.R. No. 78214, December 5, 1988, (168 SCRA 247)Family-sized Farm Determination
Delia Jastia Recto vs. Narciso Billones, et al.
DARAB Case No. 13679, June 25, 2010 (See Barte Text p. 36)
Extinguishment of Leasehold Relation
Obligations of the Lessee
Prohibitions of Agricultural Lessee
Termination of Leasehold by the Lessee
Rights of the Agricultural Lessor
Obligations of the Lessor
Prohibition to the Agricultural Lessor
Grounds for Dispossession of Agricultural Lessee
Lessee’s Right of Pre-emption and Redemption
Lessee's Right of Redemption
Right to Self-Organization
Bill of Rights for Agricultural Labor
Right to Engage in Concerted Activities
Right to Minimum Wage
Right Against Suspension and Lay-off
Irrigation Facilities
Management of Irrigation System
Lease of Ricelands and Lands Devoted to Other Crops
‘Amortization Payment for Land under Leasehold
Default on the part of the Lessee
Period of PrescriptionChapter Ill - GROUP 3
Tenants Emancipation Decree i
2 Volunteers for (aces
Phrases and Terms under P.D. No. 27 J -
(Roxas & Luista Case)
Tenants-Beneficiaries under P.D. No. 27
Maturity Date of LBP Bonds
Procedure in Case Landowner Refuses to Accept Payment
Effect of Failure to Pay Amortization
How Foreclosure May be Lifted
Sale of Lands Foreclosed under E.0. No. 228
Prior Notice of Sale
Affidavit Required to Voluntary Dealings
Status Quo Over Lands Covered by P.D. No. 27
Certificate of Land Transfer as Evidence of Ownership
Mechanics on Issuance of Emancipation Patent
ceoue + kB
Chapter IV
if The Comprehensive Agrarian Reform Law (Republic Act No. 6657, as
amended by Republic Acts Nos. 7881, 7905, 8532 and 9700)
* Transfer of private and public lands to farmer beneficiaries
Sec. 3(a) Definition of Agrarian Reform
Sec. 4 Scope of the Program
Sec.7 Priorities of Coverage
Sec.16 Land Acquisition (Compulsory Acquisition)
Sec. 19 Land Acquisition (Voluntary Offer to Sell)Association of Small Landowners in the Philippines et al., vs. Secretary of
Agrarian Reform,
GR. No. 78742, July 14, 1989, 175 SCRA 343
Roxas & Co. vs, Court of Appeals,
G.R. No. 127876, December 17, 1999, 321 SCRA 106
Lands not covered by land acquisition
Retention Rights
Daez vs. Court of Appeals,
G. R. No. 133507, February 17, 2000, 325 SCRA 856
Rodriguez vs. Salvador,
G. R. No. 171972, June 8, 2011, 651 SCRA 429
Sec. 10 Exemption and Exclusions
Alita vs. Court of Appeals,
170 SCRA 708, G.R. No. 78517, February 27, 1989
Natalia Realty vs. Department of Agrarian Reform,
G.R. No. 103302, August 12, 1993, 225 SCRA 278
Luz Farms vs. Secretary of Agrarian Reform,
G.R, No. 8688, December 4, 1990, 192 SCRA 51
Department of Agrarian Reform vs. Sutton,
G.R. No. 1862070, October 19, 2005, 473 SCRA 392
Milestone Farms, Inc. vs. Office of the President,
GR. No. 182332, February 23, 2011, 644 SCRA 217
Central Mindanao University vs, DARAB,
GR. No. 100091, October 22, 1992, 215 SCRA 86
Department of Agrarian Reform vs. Department of Education, Culture
and Sports,
GR. No. 158228, March 23, 2004, 426 SCRA 217
Roxas & Company, Inc. v. DAMBA-NSFR,
GR. No. 149548, December 4, 2009, 607 SCRA 33
Bukiod ng Magbubukid vs. E.M, Ramos & Sons,
G.R. No. 131481, March 16, 2011, 645 SCRA 401Republic of the Philippines vs. Lopez Agri Business Corp.
GR. No. 178895, January 10, 2011, 639 SCRA 49
Province of Camarines Sur vs. Court of Appeals,
G.R. No. 103125, May 17, 1993, 222 SCRA 173
* Land valuation
Sec. 17
Hacienda Luisita vs. PARC,
GR. No. 171101, April 24, 2012, 670 SCRA 392
Land Bank vs. Dumlao,
G.R. No. 167808, November 27, 2008, 572 SCRA 108
Land Bank vs. Soriano,
G.R. Nos, 180772 and 180776, May 6, 2010, 620 SCRA 347
Land Bank vs. Orilla,
GR. No. 157206, June 27, 2008, 558 SCRA 102
Land Bank vs. Barrido,
GR. No. 183688, August 18, 2010, 628 SCRA 454
Land Bank vs. Colarina,
GR. No. 176410, September 1, 2010, 629 SCRA 614
Land Bank vs. Celada,
GR. No. 164876, January 23, 2006, 479 SCRA 495
Sec. 18
Land Bank of the Philippines vs. Natividad,
GR. No. 127198, May 16, 2005, 458 SCRA 441
Lubrica vs. Land Bank of the Philippines,
GR. No. 170220, November 20, 2006, 507 SCRA 415
Association of Smail Landowners in the Philippines vs. Secretary of
Agrarian Reform,
G.R. No. 79310, July 14, 1989, 175 SCRA 343.
Land Bank vs. Court of Appeals,
GR. No. 118712, October 6, 1995, 249 SCRA 149Land Bank vs. Court of Appeals,
G.R. No. 128557, December 29, 1999, 321 SCRA 629
Santos vs. Land Bank,
GR. No. 137431, September 7, 2000, 340 SCRA 59
Land Bank vs. Court of Appeals,
GR. No. 128557, December 29, 1999, 321 SCRA 629
Land redistribution
Sec. 22
Sec. 23
Sec, 24
Mago vs. Barbin,
G.R. No. 173923, October 12 2009, 603 SCRA 232
Padua vs. Court of Appeals,
GR. No. 153458, March 2, 2007, 517 SCRA 232
Pasco vs. Pison-Arceo Agri. Dev. Corp.,
G.R. No. 165501, March 28, 2006, 485 SCRA 514
Sec. 25
Sec. 26
Sec. 27
Estribillo vs. Department of Agrarian Reform,
GR. No. 159674, June 30, 2006, 494 SCRA 218
Estate of Vda. De Paniilio vs. Dizon,
GR. No. 148777, October 18, 2007, 536 SCRA 565
Improvement of the Leasehold Relationship
Sec. 12 Determination of Lease Rentals
Caballes vs. Department of Agrarian Reform,
GR. No. 78214, December 5, 1988, 168 SCRA 254
Gelos vs. Court of Appeals,
GR. No. 86186, May 8, 1992, 208 SCRA 608, 616Gabriel vs. Pangilinan,
G.R. No. L-27797, August 26, 1974, 58 SCRA 590
* Variations in land acauisition
Sec. 31 Corporate Landowners (Stock Distribution Option)
Hacienda Luisita Inc. vs. Presidential Agrarian Reform Council et. al,
GR No. 171101, July 5, 2011, 653 SCRA 154
* Production Sharing
Sec. 32
* Alternative Business Arrangements (Joint Economic Enterprises in a Post
Distribution Scenario: Making Landowner-Farmer Partnership Work (DAR Adm.
Order No. 9, s. 2008)
* Conversion of Agricultural Lands
Sec. 65
Cases
CREBA vs. Secretary of Agrarian Reform,
G.R. No. 183409, June 18, 2010, 621 SCRA 295
Sta. Rosa Realty vs. Court of Appeals,
GR. No. 112526, October 12, 2001, 121 SCRA 254
Ros vs. Department of Agrarian Reform,
GR. No. 132477, August 31, 2005, 468 SCRA 471
Chamber of Real Estate and Builders Associations, inc. v. Secretary of
Agrarian Reform,
GR. No. 183409, June 18, 2010, 621 SCRA 295
Fortich vs. Corona,
GR. No. 131457, April 24, 1998, 289 SCRA 624
* Mechanisms for implementing the Comprehensive Agrarian Reform Program
Sec. 41 Presidential Agrarian Reform Council
Seo. 42 Presidential Agrarian Reform Council
Sec. 43 Presidential Agrarian Reform Council
Sec. 49 Presidential Agrarian Reform CouncilSec. 44 Provincial Agrarian Reform Coordinating Committee
Sec.45 Provincial Agrarian Reform Coordinating Committee
Sec. 46 Barangay Agrarian Reform Committee
Sec.47 Barangay Agrarian Reform Committee
Sec.48 Barangay Agrarian Reform Committee
Financing the Comprehensive Agrarian Reform Program
Sec. 63
Resolution of agrarian disputes
Sec. 50
Sec. 51
Sec. 52
Sec. 53
Vda. de Tangub vs. Court of Appeals,
UDK No. $864, December 3, 1990, 191 SCRA 885
Sta. Rosa Realty Development Corporation vs. Amante,
G.R. No. 112526, March 16, 2005, 151 SCRA 354
Department of Agrarian Reform vs. Cuenca,
GR. No. 154112, September 23, 2004, 439 SCRA 15
Cabral vs. Court of Appeals,
GR. No. 101974, July 12, 2001, 361 SCRA 122
Isidro vs. Court of Appeals,
G.R. No, L-105586, December 15, 1993, 216 SCRA 503
Heirs of Herman Rey Santos vs. Court of Appeals,
G.R. No. 108992, March 7, 2000, 327 SCRA 293
Sta. Ana vs. Carpo,
G. R. No. 164340, November 28, 2008, 572 SCRA 463,
Laguna Estate vs. Court of Appeals,
G.R. No, 119357, July 5, 2007, 335 SCRA 29
Alangilan vs. Office of the President,
G.R. No, 180471, March 26, 2010, 616 SCRA 633
Concha vs. Rubio,
G.R. No. 162446, March 29, 2010, 617 SCRA 223Modes of appeal or review from the DARAB
Sec. 5
Authority of the DAR Secretary to nullify titles under the CARP.
Sec. 24
The role of the Special Agrarian Courts in land valuation and penal provisions
Sec. 56
Sec. 57
Philippine Veterans Bank vs. Court of Appeals,
G.R. No. 132767, January 18, 2000, 322 SCRA 139
Land Bank of the Philippines vs. Martinez,
G.R. No. 169008, August 14, 2007, 530 SCRA 158
Land Bank of the Philippines vs. Cruz,
GR. No. 175175, September 29, 2008, 567 SCRA 31
Land Bank of the Philippines vs. Celada,
GR. No. 164876, January 23, 2006, 479 SCRA 495
Land Bank of the Philippines vs. Court of Appeals,
GR. No. 128557, December 29, 1999, 321 SCRA 629
Sec. 58
Sec. 59
Sec. 60
Land Bank vs. De Leon,
GR. No. 143275, September 10, 2002, 388 SCRA 537
‘Support Services for the farmers and landowners
Sec. 36
Sec. 37
Sec. 38
Sec. 39
10t
Prohibited acts under the Comprehensive Agrarian Reform Program
Sec. 73
Chapter V
Social Legislation
The Domestic Workers Act (Republic Act No. 10361)
Applicability of the law
Meaning of domestic worker
Apex Mining Co. vs. NLRC,
G.R. No. 94951, April 22, 1991, 186 SCRA 251
Barcenas vs. NLRC,
GR. No. 87210, July 16, 1990, 187 SCRA 498
Minimum age for employment of domestic worker
Hiring of domestic worker
Basic contents of employment contract
Registration of domestic workers
Terms and conditions of employment
Rights and privileges of domestic workers
Obligations of domestic workers
Araw ng mga kasambahay
Prohibited activities
Just causes for termination of employment by the domestic worker
Just causes for termination of employment by the employer
Certificate of Employment
Criminal Acts
Criminal Sanction
The Migrant Workers and Overseas Filipinos Act (Republic Act No. 8042, as
amended by Republic Act No. 10022)
Definition of migrant worker
Deployment of migrant workers
Liability of the POEA Governing Board
Compulsory insurance coverage for agency-hired migrant workers
Disqualification
Coverage of the insurance
Repatriation of migrant workers
Emergency repatriation
Repatriation of underage migrant workers
uVi.
Vil.
Illegal recruitment
Syndicated illegal recruitment
Large-scale illegal recruitment
Economic sabotage
Filing of criminal complaint for illegal recruitment
Prescriptive period for filing of criminal complaint
Penalty for illegal recruitment
Jurisdiction of the POEA
Power of the POEA to order closure of establishment
Effect of closure order
Remedies from a closure order
The Paternity Leave Act (Republic Act No. 8187)
Meaning of paternity leave
Coverage of the law
Duration of the paternity leave
Conditions for entitlement to paternity leave
Penal Sanctions
The Solo Parents’ Welfare Act (Republic Act No. 8972)
Definition of solo parent
Benefits available to a solo parent
The Magna Carta of Persons with Disability (Republic Act No. 7277, as.
amended by Republic Acts Nos. 9442, 10070, 10524 and 10754)
Definition of persons with disability
Rights and privileges of persons with disability
Prohibition on discrimination, ridicule, and vilfication of persons with disability
Tax incentives for benefactors
Penal Sanctions
The Special Protection of Children Against Abuse, Exploitation and
Discrimination Act (Republic Act No. 7610, as amended by Republic Acts
Nos. 7658 and 9231)
Definition of children
Employment of children
Child abuse
Child trafficking
Other acts of child abuse
Filing of complaint
Confidentiality
2Vill
xi.
Protection of children in situations of armed conflict
Children in conflict with the law
Procedure for taking the child in conflict with the law into custody
Freatment of children below the age of criminal responsibility
Petition for involuntary commitment
Detention pending trial
Automatic suspension of sentence
Execution of judgment
The Magna Carta of Women (Republic Act No. 9710)
Rights of women
Sanctions
Aggravating circumstances
The Anti-Violence Against Women and Their Children Act (Republic Act No.
9262)
Violence against women and children
Remedies of victims of violence against women and children
Battered women syndrome
Venue of criminal action
Barangay Protection Order
Judicial Protection Order
The Anti-Trafficking of Persons Act (Republic Act No. 9208, as amended by
Republic Act No. 10364)
Definition of trafficking in persons
Acts of trafficking in persons
Venue of criminal action
The Anti-Sexual Harassment Act (Republic Act No. 7877)
Definition of sexual harassment
Floraide vs. Court of Appeals,
G.R. No. 123048, August 8, 2000, 337 SCRA 371
Philippine Aeolus Automotive vs. NLRC,
G.R. No. 124617, April 28, 2000, 331 SCRA 237
Domingo vs. Rayala,
G.R. No, 155831, February 18, 2008, 546 SCRA 90
2BXil,
XilL.
Act of sexual harassment
Places where sexual harassment can be committed
Obligations of employer or head of education or training institution
Liability of the employer, education or training institution
Penalties
Civil Service Commission vs. Nierras,
G.R. No. 165121, February 14, 2008, 545 SCRA 316
Villarama vs. NLRC,
G.R. No. 106341, September 2, 1994, 236 SCRA 283
The Senior Citizen Act (Republic Act No. 7432, as amended by Republic Acts
Nos. 9257, 9994 and 10645)
Definition of senior citizen
Privileges of senior citizens
Conditions for availment of privileges
Additional tax deduction for private entities that employ senior citizens
Criminal offenses and penalties
The Office of the Senior Citizens Affairs
The Home Development Mutual Fund Law (Presidential Decree No. 1752, as
amended by Republic Act No. 9673)
XIV.
Objective of the law
Corporate entity
Coverage
Fund contributions
Term of membership
Housing features
Substitute retirement plan
Penal provisions
The National Health Insurance Act (Republic Act No. 7875, as amended by
Republic Acts Nos. $241 and 10606)
Objective of the law
Coverage
Enrolment of beneficiaries
Premium contributions
Benefits under the National Health insurance Program
Health services not covered by the National Health Insurance Program
Conditions for entitlement to benefits
Health care providers
14XV.
The Social Security Act (Republic Act No. 1161, as amended)
Current law: Republic Act No. 8282 (1997)
Objective of the law
Compulsory coverage
Voluntary coverage
Employees not covered
Obligations of employer
Effect of non-reporting or non-remittance
Effect of failure to make timely remittance of contribution
Effect of interruption of business or professional income
Effect of separation from employment
Benefits
The Government Service Insurance System Act (Presidential Decree No.
1146, as amended by Republic Act No. 8291)
Compulsory coverage
Employees not subject to compulsory coverage
Separation from government service
Benefits
15