AGRARIAN LAWS & SOCIAL LEGISLATION

Course Outline
AGRARIAN LAWS
> R.A. No. 6657
> P.D. No. 27
I. Organizational Meeting
Overview of the Course on Agrarian Law
General Concepts of Agrarian Reform
II. Introduction
Historical Background and Development of Legislation
Suggested Reading: Law on Agrarian Reform, by Recaredo Barte, 2003 Edition, pp. 1-18
(Introduction)
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 Qualifed Benefciaries 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
III. Land Acquisition
LAND ACQUISITION the transfer of private and public lands to farmer benefciaries
Sec. 3a Defnition 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 Ofer to Sell)

Cases: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)
Case: Hacienda Luisita Inc. versus Presidential Agrarian Reform Council et. al, G.R. No.
171101, July 5, 2011.
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
IV. Retention, Exemption and Exclusions
LANDS NOT COVERED BY LAND ACQUISITION: Retention Rights, Exemptions and
Exclusions
Sec. 6 of RA 6657 Retention Rights (c.f. with retention right under PD 27)
Case: 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
Case: 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
Cases: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. Ofce 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
Cases: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.]
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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.]
V. 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.
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)
Cases: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)
VI. Land Redistribution
LAND REDISTRIBUTION the awarding of lands to qualifed benefciaries once the
property has been expropriated by the government, the payment by the benefciaries
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 afordability to the farmers, and government fnancing of transaction
costs
Indefeasibility of Titles
Case: SAMUEL ESTRIBILLO, et. al, petitioners, vs. DEPARTMENT OF AGRARIAN
REFORM and HACIENDA MARIA, INC., respondents. [G.R. No. 159674. June
30, 2006.]
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VII. 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?
Cases:Caballes vs. DAR, GR No. 78214, Dec.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)
c) Alternative Business Arrangements (Joint Economic Enterprises in a Post
Distribution Scenario: Making Landowner-Farmer Partnership Work (DAR
Adm. Order No. 9, s. 2006)
VIII. 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 diference between exemption,
conversion and reclassifcation?
Cases: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, Ofce 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
Cases: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)
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Decision of the Ofce of the President on the Sumilao Case (on the Revocation
of the Conversion Order)
IX. 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 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
X. 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 benefciaries, and other agrarian matters and disputes
which may require mediation, conciliation, determination or adjudication. This topic
includes actions by the DAR, the DAR Adjudication 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.
Cases:Rufna Vda de Tangub vs. Court of Appeals, UDK 9864, December 3, 1990 (191
SCRA 885)
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 [ September 21, 2011] The 2011 Revised Rules
and Procedures Governing the Cancellation of Registered Emancipation Patents (EPs),
Certifcates of Landownership Award (CLOAs), and Other Titles Issued Under any Agrarian
Reform Program
Case: DEPARTMENT OF AGRARIAN REFORM, petitioner, vs. ROBERTO J. CUENCA
et. al, respondents. [G.R. No. 154112. September 23, 2004.]
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Determination of an Agrarian Dispute for cases fled in courts and prosecutors ofce
[Sec. 19, RA 9700]
READ: DAR Administrative Order No. 3, series 2011(July 19, 2011): Revised Rules and
Regulations Implementing Sec. 19 of RA 9700 (Jurisdiction 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
Cases: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
XI. 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
SOCIAL LEGISLATION
I. Social Security Act of 1997 (R.A. No. 1161, as amended by R.A. No. 8282)
A. Coverage
1. Compulsory coverage
2. Compulsory coverage of self-employed
3. Voluntary coverage
4. Efective date of coverage
5. Efect of separation from employment
6. Efect of interruption of business or professional income
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Cases: Roman Catholic Archbishop of Mla vs. SSS (G.R. No.L-15045,
Jan.20,1961
Phil Blooming Mills Co., Inc., et.al. vs. SSS (GR No.L-21223,
Aug.31,1966)
SSS vs. Rizal Poultry & Livestock Assoc, Inc., et.al. (GR
No.167050, June 1, 2011)
SSS vs. CA & The Phil Guards Protection Unit et.al. (G.R. No.L-
28134, June 30, 1972)
Pajarillo, et.al. vs. SSS (G.R. No.L-21930, August 31, 1966)
Aurora Land Projects Corp. vs. NLRC (G.R. No.114733, Jan.2,
1997)
Republic of the Philippines vs. Asiapro Cooperative (G.R.
No.173101, Nov.23, 2007)
CMS Estate, Inc. vs. SSS (G.R. No.I-26298, Sept.28,1984)
B. Benefts
1. Monthly pension
2. Dependents pension
3. Retirement benefts
a. Monthly pension
b. Lumpsum beneft
c. Suspension of monthly pension
d. Death of retired member
Case: Dycaico vs. SSS (G.R. No. 161357, November 30, 2005)
4. Death benefts
5. Permanent disability benefts
A. Monthly pension
B. When treated as a new member
C. Suspension of monthly pension
D. Death of pensioner
E. Disabilities considered permanent total
F. Permanent partial disability
G. Permanent total disability
H. Additives
I. When lumpsum payment proper
J. When pensioner retires or dies
6. Funeral beneft
7. Sickness beneft
A. Entitlement
B. Compensable confnement
C. Payment of sick beneft by SSS
8. Maternity leave beneft
A. Female member entitled
C. Benefciaries
1. Dependency rule under the SSS Law
2. Benefciaries under the SSS Law
a. Primary benefciaries
b. Secondary benefciaries
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Cases: Signey vs. SSS (G.R. No. 173582, January 28, 2008)
Dycaico vs. SSS (supra.)
Panlilio, et.al. vs. RTC of Manila, et.al., (G.R. No. 173846,
February 2, 2011)
SSS vs. Davac, et.al. (G.R. No.L-21642, July 30, 1966)
Lo vs. CA, et.al. (G.R. No.128667, Dec.17, 1999)
Garcia vs. SSS, et.al. (G.R. No.170735, Dec.17, 2007)
II. GSIS Act of 1997 (P.D. No. 1146, as amended by R.A. No. 8291)
A. Coverage
1. Compulsory coverage
2. Exclusions from coverage
a. Excluded employees under the GSIS Law
b. Members of the judiciary and constitutional commissions
c. Efect of separation from the service
Case: Hilarion Beronilla vs. GSIS, et.al. (G.R. No.L-21723,
Nov.26,1970)
Cena vs. The Civil Service Commission, et.al. (G.R. No.97419,
July 3, 1992)
Rabor vs. Civil Service Commission (244 SCRA 614, May31,
1995)
Profeta vs. Drilon (G.R. No.104139, Dec.22, 1992)
Lledo vs. Lledo (A.M. No. P-95-1167, Feb.9, 2010)
C. Benefts
1. Monthly pension
a. Basic monthly pension
b. Computation of service
c. Excluded service
2. Separation benefts
3. Unemployment or involuntary separation benefts
4. Retirement benefts
a. Amount of retirement benefts
b. Compulsory retirement age
c. Conditions for entitlement
5. Permanent disability benefts
a. Total and permanent disability benefts
i) When disability considered total and permanent
ii) General conditions for entitlement
iii) Permanent total disability benefts
b. Permanent and partial disability benefts
i) When disability considered permanent and partial
ii) Permanent and partial disability benefts
6. Temporary disability benefts
a. Amount of beneft
b. Prohibition
c. Extension of payment of beneft
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7. Non-scheduled disability
8. Survivorship benefts
a. Components of the survivorship benefts
b. Death of a member
c. Death of a pensioner
9. Funeral benefts
10. Life insurance benefts
a. Compulsory life insurance
b. Optional insurance
D. Benefciaries
1. Dependents
2. Benefciaries
a. Primary benefciaries
b. Secondary benefciaries
- nothing follows -
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