Social Legislation

A. SSS Law (R.A. 8282)

1. Coverage
a) Exclusions from coverage
b) Benefits
c) Beneficiaries

B. GSIS Law (R.A. 8291)

1. Coverage
2. Exclusions from coverage
3. Benefits
4. Beneficiaries

C. Limited Portability Law (R.A. 7699)

D. Employees compensation coverage and when compensable

COURSE OUTLINE (https://attyalvinclaridades.wordpress.com/2015/06/17/agrarian-reform-law-

course-outline-2015/)

Part One Overview of the Course on Agrarian Law

General Concepts of Agrarian Reform

Historical and Legal Backdrop

Part Two Legislative Backdrop

RA 3844, as amended by RA 6389 Code of Agrarian Reforms of the Philippines

PD 27 Decree Emancipating Tenants from the Bondage of the Soil
EO 129-A Modifying EO 129 Reorganizing and Strengthening DAR
EO 228 Declaring Full Land Ownership to Qualified Beneficiaries under PD 27
Proc. 131 Instituting a Comprehensive Agrarian Reform Program
RA 6657 Comprehensive Agrarian Reform Program enacted on June 10, 1988
Sec. 2 of RA 6657, as amended by RA 9700 Declaration of Principles and Policies
RA 7881 Amending the CARP
RA 9700 Strengthening the CARP
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 in the Phils. v. Sec. of Agrarian Reform, GR. No. 79310, July
14, 1989
Roxas v. CA, GR No. 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, G.R. No. 78517, February 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 No. 103302, August 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, G.R. No. 182332. February 23, 2011
Luz Farms v. Sec. of Agrarian Reform, GR No. 86889, December 4, 1990
DAR v. Sutton, G.R. No. 162070. October 19, 2005
RA 7881 (1995) Exempting Prawn Farms and Fishponds from CARP
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, G.R. No. 100091. October 22, 1992
DAR v. DECS, G.R. No. 158228. March 23, 2004
Province of Camarines Sur v. CA, G.R. No. 103125 May 17, 1993
Roxas & Company, Inc. v. DAMBA-NFSW, G.R. No. 149548. December 4, 2009
Part Five Land Valuation

Land Valuation under Operation Land Transfer pursuant to PD 27

PD 27 and EO 228: Valuation Formula under para. 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 Landowners 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:

Just Compensation as discussed in Association of Small Landowners in the Philippines v.

Secretary of Agrarian Reform, GR. No. 78742, July 14, 1989
Land Bank of the Phils. v. Natividad, G.R. No. 127198. May 16, 2005
Land Bank of the Phils. vs. CA, GR No. 118712, Oct. 6, 1995
Lubrica v. Land Bank of the Phils., G.R. No. 170220. November 20, 2006
Issuance: Preliminary Determination of Just Compensation per Rule XIX of the 2009 DARAB
Rules of Procedure

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, G.R. No. 192890, June 17, 2013

Indefeasibility of Titles
Case: Estribillo v. DAR, G.R. No. 159674. June 30, 2006

Part Seven- Land Tenure Improvement

Determination of Lease Rentals Sec. 12, RA 6657

Leasehold Relationship
Cases:

Caballes v. DAR, GR No. 78214, December 5, 1988

Gabriel v. Pangilinan, G.R. No. L-27797. August 26, 1974
Gelos v. CA, G.R. No. 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, G.R. No. 183409. June 18, 2010
Ros v. DAR, G.R. No. 132477. August 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
Case: Fortich v. Corona, GR. No. 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)
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, December 3, 1990

Elements of Tenancy
Cases:

Bernas vs. CA, 225 SCRA 119 Consent of the lawful possessor creates tenancy;
Castillo vs. CA, 205 SCRA 229 A hollow block maker or piggery/poultry owner cannot claim
tenancy on land which is not devoted to agricultural production;
Tiongson vs. CA, 214 SCRA 197 Tenancy is created by the consent of the true and lawful
landholder through lawful means and not by imposition or usurpation;
Matienzo vs. Servidad, 107 SCRA 276 (1981). There is no tenancy because of the absence
sharing arrangement with an overseer;
Caballes vs. DAR, 168 SCRA 254 (1988). Agricultural production is not present. Respondent is
only a caretaker who cannot qualify to be a tenant;
Note: Latag vs. Banog, 16 SCRA 88, the SC considered a caretaker as a tenant.

Teodoro vs. Macaraeg, 27 SCRA 7 (1969). Where there is sharing of the produce or rental
payment tenancy exist.
Right of Redemption
Spouses Eligio P. Mallari et al. vs. Ignacio Arcega, et al. [G.R. No. 106615. March 20, 2002]
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, G.R. No. 154112. September 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 No. 128557, December 29, 1999
Land Bank of the Phils. v. Celada, G.R. No. 164876. January 23, 2006
Land Bank of the Phils. v. Heirs of Eleuterio Cruz, G.R. No. 175175, September 29, 2008
Land Bank of the Phils. v. Martinez, G.R. No. 169008. August 14, 2007
Veterans Bank v. CA, GR No. 132767, January 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:

DAR v. Paramount Holdings Equities, Inc., G.R. No. 176838, June 13, 2013
Del Monte Phils. Inc. Employees Agrarian Reform Beneficiaries Cooperative (DEARBC) v.
Sangunay, G.R. No. 180013, January 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
Part Fourteen Individual Presentation and Submission of Case Digests and Draft Decisions