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COURSE OUTLINE FOR AGRARIAN REFORM LAW [Law 148] 1st Semester, SY 2011-2012

Atty. Hector D. Soliman Professorial Lecturer, UP College of Law Former Undersecretary of the DAR and currently Consultant Burkley and Aquino Law Office 2008 Jollibee Plaza, Emerald Avenue, Ortigas Center, Pasig City Phone 638-3505/ email: hdsoliman@yahoo.com
Mobile 0917 533 2692 Course Description This two unit course is designed to provide law students an insight into the core concepts of agrarian reform law as designed and implemented under RA 6657 (as amended). A historical background shall be provided, and the key ideas of this social justice legislation will be examined. The student will also be given a detailed analysis of the dispute resolution mechanism within the DAR and the DAR Adjudication Board. Finally, the student will also be given a live case to handle, and apply his/her analytic skills in the proposed resolution of the case by writing a case matrix and a draft decision. Course Requirements 1. Active Participation in Class Discussions and least 14 class attendance days (30%) 2. Completion of the AR Law Compendium 3. Mid Term Quiz on Jurisdiction (30%) 4. Final Paper and Presentation: Case Analysis and Draft Decision (40%) Useful Reference http://www.dar.gov.ph/policy_isssuances.html

Course Outline Session One Organizational Meeting

Overview of the Course on Agrarian Law General Concepts of Agrarian Reform Organizational Matters and Course Completion Common Make Up Time Class Coordinators

Email Group

Session Two - Introduction

Historical Background and Progression of Legislation Article: Law on Agrarian Reform, by Recaredo Barte, 1991 Edition, pp. 1-18 (Introduction) Article: The Development of Post War Philippine Land Reform: Political and Sociological Explanations By David Wurfel in Second View from the Paddy, Antonio Ledesma, Perla Q. Makil & Virginia A. Miralao, eds., Institute of Philippine Culture, Ateneo de Manila, 1983 RA 3844 as amended by RA 6389 (Agricultural Land Reform Code) August 8, 1963 PD 27 (Emancipation of Tenants from the Bondage of the Soil) Oct. 21, 1972. Executive Order 228 (Declaring Full Land Ownership to Qualified Beneficiaries covered by PD 27) 17 July 1987 Executive Order 129-A (Modifying EO 129 Reorganizing and Strengthening DAR) 26 July 1987 Proclamation 131 (Instituting a Comprehensive Agrarian Reform Program) 22 July 1987 RA 6657 (Comprehensive Agrarian Reform Program) June 10, 1988 RA 7881 (Amending the CARP) February 20, 1995 RA 9700 (Strengthening the CARP) August 7, 2009 Sec. 2 RA 6657 (as amended by RA 9700) Declaration of Principles and Policies

Session Three Land Acquisition

LAND ACQUISITION the transfer of private and public lands to farmer beneficiaries

Sec. Sec. Sec. Sec. Sec.

3a 4 7 16 19

Definition of Agrarian Reform Scope of the Program Priorities of Coverage Land Acquisition (Compulsory Acquisition) Land Acquisition (Voluntary Offer to Sell)

Association of Small Landowners in the Philippines et. al., versus Secretary of Agrarian Reform, GR. No. 79310 , July 14, 1989 (175 SCRA 343) Roxas vs. Court of Appeals (GR No. 127876, Dec. 17, 1999) VARIATIONS ON LAND ACQUISITION Sec. 31 Corporate Landowners (Stock Distribution Option) Sec. 6 para. 1 Award of Lands to Children of Landowners Reference: DAR Adm. Order No. 2, series 2009 RULES AND REGULATIONS ON THE ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS under RA 6657 as amended by RA 9700

Session Four Retention, Exemption and Exclusions

LANDS NOT COVERED BY LAND ACQUISITION: Retention Rights, Exemptions and Exclusions Sec. 6 Retention Rights (c.f with retention right under PD 27) Alita vs. Court of Appeals (170 SCRA 706, 1989) Reference: DAR Adm. Order No. 2 series 2003 - 2003 Rules of Procedure on Landowners Retention Rights Sec. 10- Exemptions and Exclusions Sec. 3 c in relation to DOJ Opinion No. 44 s. 1990 and the case of Natalia Realty et. al.. versus DAR, GR No. 103302, August 12, 1993 References: DAR Adm. Order No. 13 series 1990 Rules and Procedures Governing Exemptions of Lands Under Sec. 10 of RA 6657 DAR Adm. Order No. 4 series 2003 2003 Rules on Exemption of Lands under Sec. 3c, RA 6657 and DOJ Opinion 44 s. 1990 Luz Farms vs. Secretary of Agrarian Reform, GR No. 86889, December 4, 1990 (192 SCRA 51) Department of Agrarian Reform Petitioner, vs. Delia T. Sutton et. al., Respondents. [G.R. No. 162070. October 19, 2005.]

Milestone Farms, Inc., petitioner, vs. Office of the President, respondent. [G.R. No. 182332. February 23, 2011.] RA 7881 (1995) Exempting Prawn Farms and Fishponds from CARP Reference: DAR Adm. Order No. 3, series 1995 Rules and Regulations on the Exemption of Fishponds from the Coverage of CARL pursuant to RA 7881 Central Mindanao University versus DARAB (215 SCRA 85, 1992) [compare with DAR vs. DECS] Department of Agrarian Reform, petitioner, vs. Department Of Education, Culture and Sports (DECS), respondent. [G.R. No. 158228. March 23, 2004.] Province of Camarines Sur vs. CA, 222 SCRA 173 (1993) ROXAS & COMPANY, INC., petitioner, vs. DAMBA-NFSW and the DEPARTMENT OF AGRARIAN REFORM, respondents. [G.R. No. 149548. December 4, 2009.]

Session Five Land Valuation

LAND VALUATION the process of determining the just compensation for the land owners, the modes of payment and the appeals process in case the value is deemed too low Land Valuation under Operation Land Transfer (PD 27)

Read PD 27 and EO 228 and the valuation formula (para. 4, PD 27 and Sec. 2 of EO 228) Sec 17 and 18, RA 6657 Sec16 (d) in relation to the authority of the DAR to revalue the property Read Section IV D of DAR Adm. Order No. 2, series 2009 (Valuation) LAND BANK OF THE PHILIPPINES vs. HON. ELI G. C. NATIVIDAD, G.R. No. 127198. May 16, 2005 JOSEFINA S. LUBRICA vs. LAND BANK OF THE PHILIPPINES, G.R. No. 170220. November 20, 2006. Association of Small Landowners in the Philippines et. al., versus Secretary of Agrarian Reform, GR. No. 79310 , July 14, 1989 (175 SCRA 343) [pertinent portions on just compensation]

Land Bank vs. CA and Pedro Yap (GR No. 118712, Oct. 6, 1995) Authority of the DAR Adjudication Board over land valuation cases (see Article XIX of the 2009 DARAB Rules of Procedure)

Session Six Land Redistribution

LAND REDISTRIBUTION the awarding of lands to qualified beneficiaries once the property has been expropriated by the government, the payment by the beneficiaries to the government and the subsequent sale or transfer of the beneficiaries to third parties after distribution Secs. 22, 23, 24, 25, 26 and 27, RA 6657, as amended The principle of affordability to the farmers, and government financing of transaction costs Indefeasibility of Titles SAMUEL ESTRIBILLO, et. al, petitioners, vs. DEPARTMENT OF AGRARIAN REFORM and HACIENDA MARIA, INC., respondents. [G.R. No. 159674. June 30, 2006.]

Session Seven- Land Tenure Improvement

LAND TENURE IMPROVEMENT LTI the improvement of the tenurial and socio-economic status of the farmers short of transferring full ownership of the land a) Improvement of the Leasehold Relationship Sec. 12. Determination of Lease Rentals What constitutes a leasehold relationship? Caballes vs. DAR, GR No. 78214, December 5, 1988 (168 SCRA 247) Gelos vs. Court of Appeals (208 SCRA 608, 1992) Gabriel vs. Pangilinan (58 SCRA 590, 1974) Reference: Administrative Order No. 2, s, 2006, Revised Rules and Procedures Governing Leasehold Implementation in Tenanted Agricultural Lands b) Production Sharing (Sec 32)

6 c) Alternative Business Arrangements (Joint Economic Enterprises in a

Post Distribution Scenario: Making Landowner-Farmer Partnership Work (DAR Adm. Order No. 9, s. 2006)

Session Eight Conversion of Agricultural Lands

CONVERSION The actual change of the land use from agricultural, to residential, industrial or commercial, of lands which could have potentially been covered under the CARP Sec 65, RA 6657 Conversion of Agricultural Lands: What is the difference between exemption, conversion and reclassification? Jose Luis Ros, et. al. Petitioners, vs. Department Of Agrarian Reform Respondents. [G.R. No. 132477. August 31, 2005.] CHAMBER OF REAL ESTATE AND BUILDERS ASSOCIATIONS, INC. (CREBA), petitioner, vs. THE SECRETARY OF AGRARIAN REFORM, respondent. [G.R. No. 183409. June 18, 2010.] Sec 20 of RA 7160 (Local Govt. Code) Memo Circular No. 54 s. 1993, 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.) Reference: DAR Administrative Orders No. 1, s. 2002 2002 Rules and Regulations on the Conversion of Agricultural Lands to Non-Agricultural Uses The Hon. Carlos Fortich et. al. vs. The Hon. Renato Corona GR. No. 131457, April 24, 1998 (Decision, Opinion and Resolution of the Motion for Reconsideration) Decision of the Office of the President on the Sumilao Case VIDEO SHOWING: LUPANG HINARANG, by Ditsi Carolino

Session Nine- Mechanisms for Program Implementation

The Presidential Agrarian Reform Council (Secs. 41, 42, 43, 49) The Provincial Agrarian Reform Coordinating Committee (Sec. 44-45) The Barangay Agrarian Reform Committee (Secs. 46-48) The Department of Agrarian Reform (Executive Order 129-A, dated July 26, 1987)

The DAR Adjudication Board (Sec. 13, EO 129-A) Financing the Program Sec. 63 of RA 6657, in relation to Secs. 21 and 22 of E) 229 RA 8532. (1998) Augmenting the Agrarian Reform Fund with an Additional Fifty Billion Peso Budget RA 9700, Sec. 21 amending Sec. 63 of RA 6657

Session Ten- Agrarian Justice or the Resolution of Agrarian Disputes

Quasi Judicial Powers of the DAR (Agrarian Justice) the mechanisms to determine the status of the land, entitlements of beneficiaries, and other agrarian matters and disputes which may require mediation, conciliation, determination or adjudication. This topic includes actions by the DAR, the DAR Adjudicationn Board and the RTC acting as a Special Agrarian Court. Secs. 50-53 of RA 6657 as amended Distinction between Cases in the Administrative Implementation of the Program (ALI) and Cases for Adjudication : DAR Adm. Order No. 3, s. 2003 (2003 Rules on Agrarian Law Implementation [ALI] Cases) 2009 Rules of Procedure of the DARAB. Rufina Vda de Tangub vs. Court of Appeals, UDK 9864, December 3, 1990 (191 SCRA 885) Authority of the DAR Secretary to nullify titles under the CARP (Sec. 24 of RA 6657 as amended by Sec. 9 of RA 9700) Reference: DAR Adm. Order No. 3 series 2009: Rules and Procedures regarding the Cancellation of Registered EPs and CLOAs DEPARTMENT OF AGRARIAN REFORM, petitioner, vs. ROBERTO J. CUENCA et. al, respondents. [G.R. No. 154112. September 23, 2004.]
Determination of an Agrarian Dispute for cases filed in courts and prosecutors office [Sec. 19, RA 9700] READ: DAR Administrative Order No. 4, series 2009 : Rules and Regulations Implementing Sec. 19 of RA 9700 (Jurisdiction on and Referral of Agrarian Disputes)

Sec 57, The role of the Special Agrarian Courts in land valuation and penal provisions Phil. Veterans Bank vs. CA et. al, (GR No. 132767, Jan. 18, 2000) LAND BANK OF THE PHILIPPINES, petitioner, vs. RAYMUNDA MARTINEZ, respondent. [G.R. No. 169008. August 14, 2007.] LAND BANK OF THE PHILIPPINES VS. HEIRS OF ELEUTERIO CRUZ G.R. No. 175175, September 29, 2008 LAND BANK OF THE PHILIPPINES vs. LEONILA P. CELADA G.R. No. 164876. January 23, 2006 Land Bank vs. CA and Jose Pascual (GR No. 128557, Dec. 29, 1999) Modes of Appeal/Review from the DARAB Rule 43 of the Rules of Court Sec. 54 of CARL, in relation to Rule 65 of the Rules of Court

Session Eleven - QUIZ

QUIZ ON THE JURISDICTION OF THE DAR AND THE DARAB AND THE RTC ON AGRARIAN DISPUTES AND MATTERS

Session Twelve Support Services

Support Services for the Farmers and Landowners Secs. 36-39 RA 6657 as amended Prohibited Acts in the CARP Law Sec. 73, RA 6657 as amended

Session Thirteen till the End of the Term

Presentations of the Case Briefs and Draft Decisions in Class (Interactive Sessions/ groupings and order of presentation to be determined) GOOD LUCK AND MAY THE FORCE BE WITH YOU