TOPIC 1 CONSTITUTIONAL BASIS

Art II Section 21. The State shall promote comprehensive rural development and agrarian reform.

Art XII Section 1. The goals of the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the amount of goods and services produced by the nation for
the benefit of the people; and an expanding productivity as the key to raising the quality of life for all,
especially the underprivileged. The State shall promote industrialization and full employment based on
sound agricultural development and agrarian reform, through industries that make full and efficient use
of human and natural resources, and which are competitive in both domestic and foreign markets.
However, the State shall protect Filipino enterprises against unfair foreign competition and trade
practices. In the pursuit of these goals, all sectors of the economy and all regions of the country shall be
given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and
similar collective organizations, shall be encouraged to broaden the base of their ownership.

Art XII Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain may be further classified by law according to
the uses to which they may be devoted. Alienable lands of the public domain shall be limited to
agricultural lands. Private corporations or associations may not hold such alienable lands of the public
domain except by lease, for a period not exceeding twenty-five years, renewable for not more than
twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease
not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase,
homestead, or grant. Taking into account the requirements of conservation, ecology, and development,
and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands
of the public domain which may be acquired, developed, held, or leased and the conditions therefor.

Art. XIII
Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands and
national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national
parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall
provide for such period as it may determine, measures to prohibit logging in endangered forests and
watershed areas.

Section 5. The State, subject to the provisions of this Constitution and national development policies and
programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure
their economic, social, and cultural wellbeing. The Congress may provide for the applicability of customary
laws governing property rights or relations in determining the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall contribute to the
common good. Individuals and private groups, including corporations, cooperatives, and similar collective
organizations, shall have the right to own, establish, and operate economic enterprises, subject to the
duty of the State to promote distributive justice and to intervene when the common good so demands.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except
to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. Section
8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who
has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by
law.

Calalang v. Williams
Facts:
The National Traffic Commission, in its resolution of 17 July 1940, resolved to recommend to the Director
of Public Works and to the Secretary of Public Works and Communications that animal-drawn vehicles be
prohibited from passing along Rosario Street extending from Plaza Calderon de la Barca to Dasmariñas
Street, from 7:30 a.m. to 12:30 p.m. and from 1:30 p.m. to 5:30 p.m.; and along Rizal Avenue extending
from the railroad crossing at Antipolo Street to Echague Street, from 7 a.m. to 11 p.m., from a period of
one year from the date of the opening of the Colgante Bridge to traffic.

The Chairman of the National Traffic Commission, on 18 July 1940, recommended to the Director of Public
Works the adoption of the measure proposed in the resolution, in pursuance of the provisions of
Commonwealth Act 548, which authorizes said Director of Public Works, with the approval of the
Secretary of Public Works and Communications, to promulgate rules and regulations to regulate and
control the use of and traffic on national roads. On 2 August 1940, the Director of Public Works, in his first
indorsement to the Secretary of Public Works and Communications, recommended to the latter the
approval of the recommendation made by the Chairman of the National Traffic Commission, with the
modification that the closing of Rizal Avenue to traffic to animal-drawn vehicles be limited to the portion
thereof extending from the railroad crossing at Antipolo Street to Azcarraga Street.

On 10 August 1940, the Secretary of Public Works and Communications, in his second indorsement
addressed to the Director of Public Works, approved the recommendation of the latter that Rosario Street
and Rizal Avenue be closed to traffic of animal-drawn vehicles, between the points and during the hours
as indicated, for a period of 1 year from the date of the opening of the Colgante Bridge to traffic.

The Mayor of Manila and the Acting Chief of Police of Manila have enforced and caused to be enforced
the rules and regulations thus adopted. Maximo Calalang, in his capacity as a private citizen and as a
taxpayer of Manila, brought before the Supreme court the petition for a writ of prohibition against A. D.
Williams, as Chairman of the National Traffic Commission; Vicente Fragante, as Director of Public Works;
Sergio Bayan, as Acting Secretary of Public Works and Communications; Eulogio Rodriguez, as Mayor of
the City of Manila; and Juan Dominguez, as Acting Chief of Police of Manila.

Issue:

Whether the rules and regulations promulgated by the Director of Public Works infringe upon the
constitutional precept regarding the promotion of social justice to insure the well-being and economic
security of all the people.

Held:
The promotion of social justice is to be achieved not through a mistaken sympathy towards any given
group. Social justice is "neither communism, nor despotism, nor atomism, nor anarchy," but the
humanization of laws and the equalization of social and economic forces by the State so that justice in its
rational and objectively secular conception may at least be approximated. Social justice means the
promotion of the welfare of all the people, the adoption by the Government of measures calculated to
insure economic stability of all the competent elements of society, through the maintenance of a proper
economic and social equilibrium in the interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of
powers underlying the existence of all governments on the time-honored principle of salus populi est
suprema lex. Social justice, therefore, must be founded on the recognition of the necessity of
interdependence among divers and diverse units of a society and of the protection that should be equally
and evenly extended to all groups as a combined force in our social and economic life, consistent with the
fundamental and paramount objective of the state of promoting the health, comfort, and quiet of all
persons, and of bringing about "the greatest good to the greatest number."

TOPIC 4. Components of AR
Section 3 of RA 6657
(a) Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to farmers
and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the
totality of factors and support services designed to lift the economic status of the beneficiaries
and all other arrangements alternative to the physical redistribution of lands, such as production
or profit-sharing, labor administration, and the distribution of shares of stocks, which will allow
beneficiaries to receive a just share of the fruits of the lands they work.

I. LAND TENURE AND IMPROVEMENT

The LTI component seeks to secure the tenurial status of the farmers and farmworkers in the lands they
till. This involves the following:

A. LAND ACQUISITION AND DISTRIBUTION (LAD)

This involves the redistribution of private agricultural lands (PAL) and non- private agricultural lands
(refers to distributed settlements and government owned lands). It utilizes the acquisition scheme of
Voluntary Offer to Sell (VOS), Voluntary Land Transfer (VLT), Compulsory Acquisition (CA), and those
foreclosed by government financing institutions (GFIs).

B. LAND USE MANAGEMENT AND DEVELOPMENT (LUMD)

This is a preliminary activity to land distribution which involves the conduct of subdivision survey for
individual landholdings to be awarded to qualified Agrarian Reform Beneficiaries.
OTHER LTI SERVICES
A. SUBDIVISION OF COLLECTIVE CLOAs INTO INDIVIDUAL CLOA
This is a post-LAD activity that deals with the fragmentation of mother CLOA into individual CLOAs.

B. REDOCUMENTATION SUBDIVIDED COLLECTIVE CLOA INTO INDIVIDUAL CLOA

This refers to the subdivision survey and redocumentation of individual CLOAs out of the subdivided
mother CLOA.
C. LEASEHOLD OPERATIONS PROGRAM
Leasehold program is a non-land transfer program. This involves placing of areas under leasehold tenancy
as evidenced by the establishment of a leasehold contract between farmers and landowners

D. DISTRIBUTED BUT NOT YET DOCUMENTED AND DISTRIBUTED BUT NOT YET PAID (DNYD/DNYP)
Distributed But Not Yet Documented (DNYD) are landholdings where claims are still at the level of the
DAR for completion of required documents prior to submission to LBP for land valuation while Distributed
But Not Yet Paid (DNYP) lands pertain to landholdings where claims have been transmitted by DAR to LBP
but lack pre-payment requirements before payments are released to the landowners.

II. AGRARIAN JUSTICE DELIVERY

A. AGRARIAN LEGAL ASSISTANCE

Agrarian legal assistance is comprised of resolution of Agrarian Law Implementation (ALI) cases, ARB
representation before judicial and quasi-judicial bodies, and mediation and conciliation. ALA aims to
provide legal support to ARBs in the course of agrarian disputes whether filed in regular courts or in DAR
Adjudication Board (DARAB). Resolution of ALI cases involved administrative rendering of decision on
exemption, conversion, and retention, among others.

B. ADJUDICATION OF CASES

This involves the resolution of cases by the DAR Adjudication Board (DARAB) and any of its salas. Cases
under DARAB Jurisdiction include, among others, the rights and obligations of persons, whether natural
or juridical, engaged in the management, cultivation, and use of all agricultural lands covered by Republic
Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL), as amended, and
other related agrarian laws; the preliminary administrative determination of reasonable and just
compensation of Lands acquired under Presidential Decree (PD) No. 27 and the CARP, and cases involving
the ejectment and dispossession of tenants and/or leaseholders.

III. Program Beneficiaries Development (PBD) is a support service delivery component of the
agrarian reform program.

The PBD component supports the major strategies identified under the Philippine Development Plan
(PDP) in accordance with the Agriculture sector’s goals of improving food security and increasing
income, increasing resilience to climate change risks, and enhancing policy environment and
governance

DAR Organizational Outcome on Program Beneficiaries Development

• Increased household income
• Increased yield of crops
• Functional and sustainable ARB organizations for support services delivery
• Enhanced socio economic condition of the gender-equitable ARB households and community

The current PBD thrust emphasizes the integration and complementation of support services
provision primarily through the ARB organizations (ARBOs). It builds on previous strategies focusing
on the ARB organization as conduit for support services provision in ARCs and non-ARCs.
Infrastructure projects shall complement all the other interventions under the 3 major sub-MFOs
(SILCAB, SARED and AFAES)

• 6,499 organizations assisted (921,378 members, 54% of whom are ARBs)

• 3.24 million ARBs were trained in organizational building and strengthening, leadership, enterprise
development, farm technologies, product development and marketing, among others.
• 59 ARC Clusters confirmed by the National ARC Task Force (NARCTF)

Increase the resilience of agriculture communities through the development of climate-resilient

agricultural infrastructure and climate-responsive food production systems, and provision of support
services to the most vulnerable communities;