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Southern Bicol Colleges

College of Law
Masbate City

AGRARIAN LAW AND OTHER SOCIAL LEGISLATIONS

Schedule: Thursdays from 6pm to Bpm

Course Outli ne
I ntroduction
M ID-TER M: Other SOCIAL LEGISLATIONS:
A. DOM ESTIC WORKERS ACT
B. M IGRA NT WORKERS A ND OVERSEAS FILIPINOS ACT OF 1995
C. THE PATERNITY LEAVE ACT OF 1996
D. THE SOLO PARENTS' WELFAR E ACT OF 2000
E. MAGNA CARTA OF PERSONS WITH DISABILITY
F. THE SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND
DISCREMINATION ACT
G. MAGNA CARTA OF WOMEN
H. ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004
I. ANTI-TRAFFICKI NG OF PERSONS ACT OF 2003
J. THE ANTI-SEXUAL HARASSMENT ACT OF 1995
K. THE SENIORS CITIZENS ACT
L. 'THE HOME AND DEVELOPMENT MUTUAL FUND LAW OF 1980
M. THE NATIONAL HEALTH INSURANCE ACT OF 1995
N. THE SOCIAL SECURITY ACT OF 1997
1. THE GOVERNMENT SERVICE INSURANCE SYSTEM ACT OF 1997

FINALS: AGRARIAN LAW

\
Historical Background and Progression of Legislation
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 Beneficiarie s 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

Land Acquisition

LAND ACQUISITION -the transfer of private and public lands to farmer beneficiaries
Sec. 3a Definition of Agrarian Reform
Sec. 4 Scope of the Program
Sec. 7 Priori ties of
Coverage
Sec. 16 Land Acquisition (Compulsory Acquisition)
Sec. 19 Land Acquisition (Voluntary Offer to Sell)

2. Association of Small Landowners in the Philippines et. al., versus Secretary of Agrarian
Reform, GR. No. 79310, July 14, 1989 (175 SCRA 343)

3. Roxas vs. Court of Appeals (GR No. 127876, Dec. 17, 1999)

VARIATIONS ON LAND ACQUISITION

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Masbate City

Sec. 31 Corporate Landowners (Stock Dist ribu tion Option)

3· Hacienda Luisita Inc. versus Presiden tial Agrarian Reform Council ct. al, GR. No. 171"l0l, J uly
5, 2011.

Sec. 6 parn. l - Award of Lands to Child ren of Landowner s

Reference: DAR Adm. Order No. 2, series 2009 - RU LES AN D REGU LAT IONS ON THE ACQUISIT! ON A
N D DISTRIBU TION OF AGR ICU LTU RAL LAN DS under RA 6657 as amended by RA 9700

Retention, Exemption and Exclusions

LANDS NOT COVERED BY LAND ACQUISITION : Retention Rights, Exem ptions and Excl u sions

Sec. 6 of RA 6657 - Retention Rights (c.f . with retention right under PD 27) '
4. Alita vs. Court of Appeals (170 SCRA 706, 1989)

Reference: DAR Adm. Order No. 2 series 2003 - 2003 Rules of Procedure 011 Landown ers Retention Right s

Sec. 10- Exemptions and Exclusions

Sec. 3 c in relation to DO} Opinion No. 44 s. 1990 and the case of
5. 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 Land s 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 DO/ Opinion
44 s. 1990

6. Luz Farms vs. Secretary of Agrarian Reform, GR No. 86889, Decem ber 4, 1990 (192 SCRA 51)
7. Department of Agrarian Reform Petitioner, vs. Delia T. Sutton et. al., Respo11de11ts. [G.R. No.
162070. October 19, 2005.J
8. Milestone Farms, Inc., petitioner, vs. Office of the President, respo11de11t. {G.R. No. 182332.
February 23,2011.J

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

9. Central Mindanao University versus DARAB (215 SCRA. 85, 1992) [compare with DAR vs.
DECSJ
10. Department of Agrarian Reform, petitioner, vs. Department of Education,
Culture and Sports (DECS), respondent. [G.R. No. 158228. March 23, 2004.)
11. Province of Camarines Sur vs. CA, 222 SCRA 173 (1993)
12. ROXAS & COMPANY, INC., petitioner, vs. DAMBA-NFSW and the DEPARTMENT OF
AGRARIAN REFORM, respondents. [G.R. No. 149548. December 4, 2009.)

Land Valuation

LAND VALUATION - the process of determining the just compensation for the land owners, the modes
of payment and the review/appeal process in case the value is deemed too low.

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• Lmd Val ua tion under Oper<1lion Land Tra nsfer (PD 27)

Read PD 27 and EO 228 and the \•aluation formula (para. 4, PD 27 nnd 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
Rl?ad Section IV D of DAR Adm. Order No. 2, series 2009 (Val uation)

13.LAND BANK OF THE PHILIPPINES vs. HON. ELI G. C. NATIVIDAD, C.R. No. "127198. May
16, 2005
14. JOSEFINA S. LUBRICA 11s. LAND BANK OF THE PHILIPPINES, C.R. No. 170220. Novem ber
20, 2006.
15.Association of Small Landowners in the Philippines et. al., versus Secretary of Agra rian
Reform, GR. No. 79310, July 14, 1989 (175 SCRA 343) (pertinent portions on just
compensation)
16. Land Bank vs. CA and Pedro Yap (GR No. 118712, Oct. 6, 1995)

Authority of the DAR Adjudication Board over land val uation cases (see Articl e XIX of the 2009 DA
IV\B Rules of Procedure)

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 distributed land 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

lndefeasibility of Titles
17. SAMUEL ESTRIBILLO, et. al, petitio11ers, vs. DEPARTMENT OF AGRARIAN REFORM and
HACIENDA MARIA, INC., respo11de11ts. (G.R. No. 159674. June 30, 2006.)

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?

18. Caballes vs. DAR, GR No. 78214, December 5, 1988 (168 SCRA 247)
19. Gelos vs. Court of Appeals (208 SCRA 608, 1992)
20.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) Prod uction Sharing (Sec 32)

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c) Altenative Business Arrangements Ooint Economic Enterprises in a Post Distribution Scenario:

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

Conversion of Agricultural Lands

CONVEION - The actual change of the land use from agricultural, to residential, ind ustrial 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?

21. Jose Luis Ros, et. al. PetiH011ers, vs. Department Of Agrarian Reform Respo11denls. [C.R. No.
132477. August 31, 2005.)
22.CHAMBER OF REAL ESTATE AND BUILDERS ASSOCIATIONS, INC. (CREBA), petitioner,
vs. THE SECRETARY OF AGRARIAN REFORM, res1'011de11t. fG.R. No. 183409. June 18,
2010.I

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-Agricult ural Uses.)

Rt!ference: DAR Administrative Orders No. 1, s. 2002 - 2002 Rules and Regulations on the Conversion
of Agricu/lural Lands lo No11-Agricultura/ Uses

23. 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)

Mechanisms for Program Implementation

The Presidential Agra rian Reform Council (Secs. 41, 42, 43,49)
The Provincial Agrarian Reform Coordin<iting Committee (Sec. 44-45)
The Barangay Agrarian Reform Committee (Secs. 46-48)

The Department of Agrari<in Reform (Executive Order 129-A, dated J uly 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 EO 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

Agrarian Justice or the Resolution of Agrarian Disputes

Quasi-J udicial Powers of the DAR (Agrarian Justice) - the mechanism s 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 includesactions by the DAR, the DAR
Adjudication Board and the RTC acting as a Special Agr;irian Court.

Secs. 50-53 of RA 6657 as amended

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College of Law
Masbate City

Dis_tintio between Cases in the Administrative Implementation of the Program (ALI) and Cases for
Adjud1cahon: DAR Adm. Order No. 3, s. 2003 (2003 Rules on Agrarian Law Implementation [ALI[
Cases)

2009 Rules of Proced ure of the DARAB.

24. Rufina Vda de Tangub vs. Court of Appeals, UDK 9864, December 3, 1990 (191SCRA 885
25. Sta. Rosa Realty Development Corporation versus Juan Amante et.al. (G.R. No. 112526,
March 16, 2005)

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. 6. Series 2011 ISeptember 21, 2011] The 2011 Revised Rules and
Procedures Governing the Cancellation of Registered Emancipation Patents (EPs), Certificates of
Landownership Award (CLOAs), and Other Titles Issued Under any Agrarian Reform Program

26. DEPARTMENT OF AGRARIAN REFORM, petitioner, vs. ROBERTO J. CUENCA et. al,
respo11dents. {G.R. No. 154112. September 23, 2004.l
Determination of an Agrarian Dispute for cases filed in courts and prosecutors' office [Sec. 19, RA 9700)

READ: DAR Administrative Order No. 3, series 20110uly 19, 2011): Revised Rules and Regulation s
-•
Implementing Sec. 19 of RA 9700 Ourisdiction on and Referral of Cases that are Agrarian in Nature)

DOJ Department Circular No. 40, dated June 7, 2010 [Guidelines on the Investigation and Referral of Cases
to the DAR pursuant to Sec. 19 of RA 9700).
OCA Circular No. 62-2010 dated April 28, 2010 on the Implementation of Secs. 7 and 50-A of RA 6657,
as amended.

Sec 57,The role of the Special Agrarian Courts in land valuation and penal provisions

27.Phil. Veterans Bank vs. CA et. al, (GR No. 132767,Jan. 18, 2000)
28.LAND BANK OF THE PHILIPPINES, petitio11er, vs. RAYMUNDA MARTINEZ, respondent.
IG.R. No. 169008. August 14, 2007.)
29.LAND BANK OF THE PHILIPPINES VS. HEIRS OF ELEUTERIO CRUZ G.R. No.
175175, September 29, 2008
30.LAND BANK OF THE PHILIPPINES vs. LEONILA P. CELADA G.R. No. 164876. January 23,
2006
31. 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 Rulesof Court

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

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