AGRARIAN LAW AND SOCIAL LEGISLATION - ASSIGNMENT FOR NEXT MEETING (PUP

COLLEGE OF LAW, 1ST SEMESTER, SCHOOL YEAR 2018-2019)

HISTORICAL AND LEGAL BACKDROP
1. The encomienda system of plantations in the Philippines
2. The Philippine Bill of 1902
3. Friar lands acquisition
4. The Philippine Rice Share Tenancy Act (of 1933)
5. State’s maiden attempt at enacting a major land reform law via Land Reform Act of 1955
6. From Agricultural Land Reform Code to Code of Agrarian Reforms
7. Emancipating the tenants from the bondage of the soil
8. The Comprehensive Agrarian Reform Program
9. Achievements under CARPER
II. REPUBLIC ACT NO. 6657 OR THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988,
AS AMENDED
SECTION 1. TITLE.
 Title of the law
 Etymology and origin of the word “agrarian”
 Statutory definition of “agrarian reform”
SECTION 2. DECLARATION OF PRINCIPLES AND POLICIES.
 Principles and policies declared by the State
 Constitutional basis
 Bastion of social justice of poor landless farmers
 Foundation of agrarian reform program; ways to achieve its goals
 "Collective," "collectively" and “collective ownership defined
 CARL provisions allowing collective ownership
 Guiding principles and strategies for program implementation
SECTION 3. DEFINITIONS.
 Definitions of terms used in the CARL
SECTION 4. SCOPE.
 Coverage of the CARL
 Lands under PD 27 also covered by CARL
 Specific lands covered by the program
 Simplified categories
 Titled properties
 Resettlement areas and reservations
 Untitled private agricultural lands
 Alienable and Disposable (A & D) lands defined
 Landholdings not covered by CARP
 Agricultural land and Agricultural activity defined
 Requisites before placing land under the coverage of the CARL
SECTION 5. SCHEDULE OF IMPLEMENTATION.
 Period of distribution of lands covered by CARL
 DAR as lead implementor of CARP with rule-making power
SECTION 6. RETENTION LIMITS.
 Retention defined
 Purpose of retention right of the landowner
 Santiago v. Ortiz-Luis, GR 186184 & 186988, Sept. 20, 2010, 630 SCRA 670
 Rationale for the grant of the right of retention
 Retained area defined
 Danan v. CA, GR 132759, Oct. 25, 2005, 474 SCRA 113
 Policies on the exercise of retention right
 Maximum area of retention
 For the landowner
  For landowners whose lands have been covered by PD 27
1. Retention area under PD 27
2. Requirements for coverage under OLT of PD 27:
3. Requirements for exercise of landowner’s right of retention under PD 27
 Daez v. Court of Appeals, GR 133507. Feb. 17, 2000, 325 SCRA 856
1. Landowner who exercised retention right under PD 27no longer entitled to the same right under CARL
2. New retention rights under CARL for landowners who have yet to exercise their retention rights under PD 27
 Sandueta v. Robles, GR 203204. Nov. 20, 2013, 710 SCRA 491
 For original homestead grantees or their direct compulsory heirs
 Almero v. Pacquing, GR 199008. Nov. 19, 2014, 741 SCRA 209
 Children of landowner as potential beneficiaries; qualifications of children-awardees
 Qualified child may own up to 5 hectares inclusive of awarded land
 When children of landowner disqualified from becoming ARB in another landholding
 Who may apply for retention
 Right of land owner to choose the area to be retained; tenant’s option to choose to remain or be a beneficiary
of another area
 When landowner must manifest intention to retain and indicate exact location of area to be retained
 Specific periods for landowner to exercise right of retention under CARL
 Obligation of the landowner to cultivate the retained area
 Waiver by landowner of his right of retention
 When MARO authorized to choose the area to be retained by the landowner
 Factors to be considered by MARO in selecting retention area for the landowner
 Period for tenant to exercise option to choose
 Certificate of retention
 Recourse where tenant declines to be a leaseholder but there is no available land to transfer to
 Proof of existence of agricultural tenancy
 Landicho v. Sia, GR 169472, Jan. 20, 2009, 576 SCRA 602
 NICORP Management and Development Corporation v. De Leon, GR 176942 & 177125, Aug. 28, 2008, 563
SCRA 60
o Requisites of agricultural tenancy
 Gelos v. Court of Appeals. GR 86186, May 8, 1992; Caballes v. DAR, GR 78214, Dec. 5, 1988, 168 SCRA 247
 Cultivation construed
 Immediate farm household defined
 Instances when dual tenancy is allowed
 Rights of tenant or agricultural lessee
 Rule on retention for couple-landowners married under the Civil Code or the Family Code
 Cancellation of EPs and CLOAs issued on lands forming part of owner’s retained area
 Prior tenurial rights respected
 Contracts executed prior to or upon effectivity of CARL
 Legality of transfer or sale of awarded land; when DAR clearance necessary
 Review of limits of land size
SECTION 6-A. EXCEPTION TO THE RETENTION LIMITS
 Agricultural lands subject of expropriation
 Exercise by LGU of power of eminent domain on agricultural lands for public use
SECTION 6-B. REVIEW OF LIMITS OF LAND SIZE.
SECTION 7. PRIORITIES.
 Priorities in land acquisition and distribution
 Order of priority as basis of land acquisition and redistribution
 Target date for land acquisition and distribution
 Guidelines to implement the priorities and distribution scheme
SECTION 8. MULTINATIONAL CORPORATIONS.
 Public lands held by multinational corporations
 Multinational corporation defined
  Modes of disposition
 Privately owned lands leased by MNCs to be distributed not later than 10 years after CARL effectivity
 Direct distribution to individual worker-beneficiaries or to workers' cooperative or association
 No diminution of benefits or impairment of vested right
 Application of CARL provision on production and income-sharing
 Transfer of technology
 Parity rights
SECTION 9. ANCESTRAL LANDS
 CARL and IPRA as social legislations
 Rights of indigenous cultural communities to their ancestral lands to be protected and respected
 When CARL implementation may be suspended
 Ancestral domain defined
 Ancestral land defined
SECTION 10. EXEMPTIONS AND EXCLUSIONS.
 Lands exempted from the scope of the CARL
 Coverage of previously exempted agricultural lands
 Lands excluded from the scope of the CARL
 All lands duly classified by the proper local government unit (LGU) as commercial, industrial, or residential as
of 15 June 1988 - See Natalia Realty v. DAR, 225 SCRA 278
SECTION 11. COMMERCIAL FARMING
 Commercial farms redefined
 "Private agricultural lands, devoted to commercial livestock, poultry and swine raising" in the definition of
"commercial farms" - Luz Farms v. Secretary of DAR, GR 86889. Dec. 4, 1990, 192 SCRA 51
 Commercial farm deferment
 Purpose of deferment
 Start of 10-year deferment period in case of new commercial farms
 Distribution of commercial farms to individual ARBs or to their cooperative or association
 Mode of acquisition
 Mode of distribution
 Qualifications of beneficiaries
 Types of Agribusiness Venture Arrangements
 Essence of Agribusiness Venture Arrangements
NOTE: Digest/dissect all the given cases and write them on yellow pad paper (one case per sheet), place
them neatly in a sliding folder with cover page and table of contents, and submit them during our class
for recording and affixing of initials. Late/incomplete submissions will not be accepted.