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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 Prescription Chapter 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 401 Republic 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 149 Land 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, 616 Gabriel 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 Council Sec. 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 223 Modes 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 10 t 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 u Vi. 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 2 Vill 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 2B Xil, 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 14 XV. 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

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