Sei sulla pagina 1di 7

COURSE SYLLABUS

College of Law, Lyceum of the Philippines University


Makati City
Agrarian Reform Law and Social Legislation
Atty. Kristine Dacuyan-Eugenio
A. DESCRIPTION
This course covers the basic principles of and policies on Agrarian Reform and
the prospects for the completion of the program. The students are expected to learn the
Constitutional and socio-economic bases for the program, the relevant landmark
jurisprudence, and concrete problems encountered in its implementation. The remedies
of landowners, agrarian reform beneficiaries and other stakeholders will also be
discussed under this subject.
The Social Security Act and peripheral rules and regulations will also be tackled.
The students are expected to learn the entities covered under the social protection
schemes, their duties and obligations under law, the benefits and remedies available to
them, and the procedure in the Social Security Commission and the regular courts.
There will be a brief discussion on the various laws affecting the basic sectors:
farmers, fisher folk, indigenous cultural communities, mining communities, women,
children, and informal sectors, among others.
Learning tools include lecture, focus group discussion, research, film viewing,
and field visit.
B. COURSE OBJECTIVES
1. To impart the basic principles of and laws on Agrarian Reform in the Philippines.
2. To appreciate and learn different pieces of social legislation in the Philippines
such as the Social Security Act, Indigenous Peoples Rights Act, Agriculture and
Fisheries Modernization Act, etc.
3. To learn how to advocate (by means of cases, legislation, executive policies) for
reforms in the implementation of agrarian laws and other social legislation.
C.
1.
2.
3.
4.
5.
6.
7.

COURSE TOPICS
Basic Principles of Agrarian Reform and Rural Development
Social Justice and Social Legislation
History of Agrarian Reform
Agricultural Leasehold and Tenancy
Agrarian Law Implementation (Coverage and Beneficiary Identification)
Just Compensation
Rights of Landowners (Retention, Protests, Exemption, Preferred
Beneficiaries,etc.)
8. Land Conversion
9. Indefeasibility of Agrarian Reform Titles
10. Coverage and Membership under the Social Security Law
11. Social Security Benefits Entitlement and Administration
12. Procedure and Remedies before the Social Security Commission
D. REQUIRED TEXTS AND REFERENCE MATERIALS
The following are required readings:
Laws
1. Republic Act No. 1199
2. Republic Act No. 3844
3. Presidential Decree 27 EO 228
4. Republic Act No. 6657
5. Republic Act No. 9700
6. Republic Act No. 8550
7. Republic Act No. 8371
8. Republic Act No. 7279
9. EO 129-A, EO 229, Proclamation 131

10. AO 7, Series of 2011 (and its amendatory AOs)


11. AO 6, Series of 2011
Books and readings will be prescribed on a weekly basis. Materials included:
1. How Asia Works (Joe Studwell)
2. World Bank Report 2008
3. Vermuelen Making the Most Agricultural Investment (IFAD, 2010)
4. CARP: Time To Let Go (Fabella, 2014)
5. Bills Filed in Congress related to CARP, Land Tenure, Land Use Policy, etc.
Concept of Agrarian Reform
September
17

Constitution
Art II, Sec 10
Art XIII, Secs 1-2
Social Justice
Calalang vs Williams (G.R. No. 47800)
Police Power, Eminent Domain
Economic viability of small landholdings

Constitutional Issues
Association of Small Landholders of the Philippines vs. Secretary of
Agrarian Reform (G.R. No. 78742)
Agricultural Tenancy
Septemb RA 1199, as amended by RA 2263
er 17
Secs 3, 5(a), 5(b)
RA 3844
Secs 4-38
Elements
1. Parties are owner/possessor and tenant
2. Subject is agricultural land
3. Consent
4. Purpose is agricultural production
5. Consideration
6. Personal cultivation

Cases:
Cayetano and Tiongson vs CA (G.R. No. L-62626)
Caballes vs DAR (G.R. No. 78214)
Hilario vs. IAC (G.R. No. 70736)
Qua vs CA (G.R. No. 95318) Personal Cultivation
Guerrero vs. CA (G.R. No. L-44570) Cultivation

Right of security of tenure


Cases:
Talavera vs CA (G.R. No. 77830)
Endaya vs. CA (G.R. No. 88113)
Milestone Realty vs CA (G.R. No. 135999) succession
Villaviza vs Panganiban (G.R. No. L-19760) Prescription of action
Right of pre-emption and redemption
Case: Basbas vs Entena (G.R. No. L-21812)
Lawful Consideration
Case: Tan vs Pollescas (G.R. No. 145568)
Share tenancy, abolition
RA 1199, Sec 4
Cases:

Hidalgo vs Hidalgo (G.R. No. L-25326)


Guerrero vs. CA (G.R. No. L-44570)

Agrarian Law Implementation


Septemb RA 6657, as amended and AO 7, series 2011 as amended
er 26
CARP Coverage
Private and Public Agricultural Lands
Land Classification and Titling (C.A. 141 and P.D. 1529)
Untitled Private Agricultural Land (UPAL) AO 3 s 2014
Notice of Coverage
Livestock, above 18% undeveloped, DOJ Opinion 44 lands
Beneficiary Identification
Inclusion, Exclusion, Disqualification
Just Compensation
October
1

Constitution
Art XIII, Sec 4
Art III, Sec 9
Cases:
Association of Small Landholders of the Philippines vs. Secretary
of Agrarian Reform (G.R. No. 78742)
R.A. 6657, as amended
Secs 17-19
RA 9700
Sec 7
Executive Order No. 228
Not Trust Deposit
LBP vs Yap (GR 118712, 6 Oct. 1995)
Formula
Cases:
LBP
LBP
LBP
LBP
LBP
LBP

vs
vs
vs
vs
vs
vs

Rufino (G.R. No. 175644)


Banal (G.R. No. 143276)
Celada (G.R. No. 164876)
Soriano (G.R. No. 180772 and 180776)
Wycoco (G.R. 140160, 13 January 2004)
Rivera (G.R. No. 182431, 27 February 2013)

Time of taking
Cases:
Apo Fruits vs LBP (G.R. No. 164195, 12 October 2010)
LBP vs Soriano (G.R. No. 180772 and 180776)
Retention
Daez vs CA (G.R. No. 133507, February 17, 2000)
Archbishop of Caceres vs DAR (G.R. No. 139285, December 21, 2007)
October
8

Constitution
Article XIII, Sec 4
R.A. 6657, as amended

Sec 6
LOI 474
Cases:
Daez vs CA (G.R. No. 133507)
Heirs of Grio vs CA (G.R. No. 165073)
Estribillo vs DAR (G.R. No. 159674)
Read Daez in consonance with the following cases:
People vs Donato (G.R. No. 79269)
PNB vs Nepopucemo Productions, Inc. (G.R. No. 139489)
A.O. 7, Series 2011
Conversion
October
15

AFMA
Conversion vs Reclassification
Ros vs DAR
R.A. 6657, as amended
Section 65
Grounds:
1. Land ceases to be economically feasible and sound for agricultural
purposes
2. Locality has become urbanized and the land will have a greater
economic value for residential, commercial, or industrial purposes
Prohibition: irrigated or irrigable
5 year development period
Awarded land:
5 year prohibition
Investment requirement (10%)
Full payment

Cases:
Alarcon vs CA (G.R. No. 152085)
Province of Camarines Sur vs CA (G.R. No. 103125)
Fortich vs Corona (G.R. No. 131457, 17 November 1998)
Cancellation and Indefeasibility of Title
October
22

Film Showing: Lupang Hinirang


R.A. No. 6657, as amended by R.A. No. 9700
Sec 24
PD 1529
Cases:
Heirs of Grio vs CA (G.R. No. 165073)
Estribillo vs DAR (G.R. No. 159674)
Deleste vs LBP (G.R. No. 169913)
September 30 Midterm exam

SOCIAL SECURITY LAW


Definition of Terms; Section 8
October Social Security Law: Powers of the SSC
29
Republic Act 8282, as amended
CMS Estate Inc. vs. Social Security System and Social Security Commission L26298, 132 SCRA 108 citing Philippine Blooming Mills, Co., Inc. v. SSS L-21223
17 SCRA 1077

In re Petition for Exemption from Coverage by the SSS,


Roman Catholic Bishop of Manila vs. SSC GR No. L-15045
Jurisdiction of the SSC
Cases for collection of unpaid contributions
Benefits cases between claimants
SSS vs. Atlantic Gulf and Pacific Company of Manila, Inc. GR No. 175952, April
30, 2008
Philippine-American Life Insurance Company v. SSC
Poblete Construction Company v. SSC GR No. 17605, January 22, 1964, 10
SCRA 1
Exhaustion of Administrative Remedies
Suppletory application of Rules of Court
Liberal construction of social legislation
Court Review
Rule 43 of the Revised Rules of Court
Novemb
er 5

Coverage of Employers and Employees


Section 9, RA 8282
Employees
Employer
Household Employees
Self-Employed and Voluntary Members
Informal Sector and Overseas Filipino Workers
Control Test for Employer-Employee relationship
Philippine Refining Co., Inc. v. Court of Appeals, SSC, SSS & Buklod ng
Manggagawa & Vicente Garcia, L-29590 September 30, 1982, 117 SCRA 79
SSS v. Court of Appeals & Central Azucarera de Bais L-25406 December 24,
1986
26 SCRA 459
Republic of the Philippines represented by the SSC & SSS v. Asiapro
Cooperative
GR No. 172101, November 23, 2007
Victor De Jesus vs. Court of Appeals, Judge Eddie R. Rojas et al. GR No. 101630
August 24, 1992; 212 SCRA 823
Coverage of:
*Project Employees
*Employees Paid on Commission
*Joint Venture
*Seafarers
*Religious, Charitable Institutions
*Jeepney Drivers (TrikanSSSya; AlkanSSSya, informal sectors and cooperatives)

Novemb
er 12

Types of Benefits:
*Disability, Retirement, Death
*Benefit-Privilege
*Maternity Benefit, Salary Loan
*Designation of beneficiaries
*Qualifications of Beneficiaries
Different from Employees Compensation benefits
Anatolia Valencia v. Manila Yatch Club, Inc. L-27346 June 30, 1969 28 SCRA

724
Section 12- Monthly Pension
Section 12-A- Dependents Pension
Section 12-B- Retirement Benefits
Section 13- Death Benefits
Section 13-A- Disability Benefits
Section 14- Sickness Benefit
Section 14-A- Maternity Benefit
Novembe Collection of unremitted SS contributions, interests and penalties
r 12
Employer-Employee relations
Condonation Law- Republic Act 9903
Section 19- Employers Contribution
Section 19-A Contribution of Self-Employed Member
Section 22- Remittance of Contributions for Employed Members
Legal Assessment
SS contributions not public funds
Employers non-remittance shall not prejudice employees right to benefit
Penalty
United Christian Missionary Society v. Social Security Commission 141 Phil 633
30 SCRA 982, 1969
SSC no power to condone penalty
SSS v. Valderrama Lumber Manufacturers Co., Inc. L-25779 May 30, 1975 64
SCRA 255
Ramon J. Farolan v. Court of Appeals, SSC & SSS
GR No. 139946 November 27, 2002 393 SCRA 128
Government Contributions and Guarantee
Sections 21 & 22
Section 23 Method of Collection & Payment
Section 24 Employment Records & Reports
Misrepresentation by employer or non-remittance of proper contribution
Data correction by member
Damages
Novembe Jurisprudence on
r 19
*Bigamous marriages; Two wives-claimants; Validity of Marriage

*Requirement of legitimacy of marriage and dependency; Entitlement to

Novembe support
r 26
*Remarriage; Abandonment; De facto separation; Cohabitation with another

person
*Order of priority: Primary beneficiaries, Secondary beneficiaries, Designated,
Legal heirs
*Non-transferability; waiver of benefit
*Erroneous payment
(Particular cases will be assigned for focus group discussion)
Social Legislation:
Indigenous Peoples Rights Act
Agriculture and Fisheries Modernization Act
Urban Development and Housing Act
Violence Against Women and Children
Magna Carta of Women
Decembe Social Legislation:
r3
Indigenous Peoples Rights Act
Agriculture and Fisheries Modernization Act
Urban Development and Housing Act
Violence Against Women and Children
Magna Carta of Women

December Reporting on Critique of Social Legislation or Proposed Bill


10
December Consolidation
10
December 17 Final Exam

*Readings on Social Security Law and additional cases may be assigned on a weekly basis
*In lieu of some classes, immersion may be scheduled on Saturdays subject to concurrence of class &community.
*Reporting on critique of social legislation is optional for student who seek to augment grades
But you can be strong for yourself, encourage, educate the poor, bring the wage gap closer & pursue social justice;
become yourself a fair, inclusive person who teaches his fellows how to fish & learns from him or her to wisen up.
You can empower men & women by believing in them. Live all the cans & re-calibrate the cannots