PAG-IBIG stands for Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya at Gobyerno
2. Yes because it is more advantageous to the government employees as it offers higher loan amount with longer terms of payment, payment is through salary deductions, the interest rate is basically at par with what the banks offer and fewer documents are required compared to banks. 3. Acts of violence punished under RA 9262: a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right; (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children. 4. Protection orders available to the victim uncer RA 9262
a. Barangay protection order (BPO) is issued by the Punong Baranga; effective within 15 days b. Temporary protection order (TPO) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued and shall be effective for thirty (30) days. c. Permanent protection order (PPO) refers to protection order issued by the court after notice and hearing.
5. Who are qualified to become agrarian reform beneficiaries? The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority: (a) agricultural lessees and share tenants; (b) regular farmworkers; (c) seasonal farmworkers; (d) other farmworkers; (e) actual tillers or occupants of public lands; (f) collectives or cooperatives of the above beneficiaries; and (g) others directly working on the land. Provided, however, that the children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents: and provided, further, that actual tenant-tillers in the landholdings shall not be ejected or removed therefrom. Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned their land are disqualified to become beneficiaries under this Program. A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the land as productive as possible. The DAR shall adopt a system of monitoring the record or performance of each beneficiary, so that any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. The DAR shall submit periodic reports on the performance of the beneficiaries to the PARC. If, due to the landowner's retention rights or to the number of tenants, lessees, or workers on the land, there is not enough land to accommodate any or some of them, they may be granted ownership of other lands available for distribution under this Act, at the option of the beneficiaries. Farmers already in place and those not accommodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain. 6. Maximum area that can be awarded to beneficiaries
Section 23. No qualified beneficiary may own more than three (3) hectares of agricultural land. 7. Can a beneficiary who has not paid the amortizations sell the land to another? Generally no.
Section 27. Transferability of Awarded Lands. Lands acquired by beneficiaries under this Act may not be sold, transferred or conveyed except through hereditary succession, or to the government, or the LBP, or to other qualified beneficiaries for a period of ten (10) years: provided, however, that the children or the spouse of the transferor shall have a right to repurchase the land from the government or LBP within a period of two (2) years. Due notice of the availability of the land shall be given by the LBP to the Barangay Agrarian Reform Committee (BARC) of the barangay where the land is situated. The Provincial Agrarian Reform Coordinating Committee (PARCCOM) as herein provided, shall, in turn, be given due notice thereof by the BARC. If the land has not yet been fully paid by the beneficiary, the rights to the land may be transferred or conveyed, with prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary who, as a condition for such transfer or conveyance, shall cultivate the land himself. Failing compliance herewith, the land shall be transferred to the LBP which shall give due notice of the availability of the land in the manner specified in the immediately preceding paragraph. In the event of such transfer to the LBP, the latter shall compensate the beneficiary in one lump sum for the amounts the latter has already paid, together with the value of improvements he has made on the land. 8-9. Prohibited acts: (f) The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he acquired by virtue of being a beneficiary, in order to circumvent the provisions of this Act.
Can a landowner get back his lands from an ARB?
He cannot get back his lands from an ARB. However, if he has not yet been fully paid he can follow it up with the Land Bank of the Philippines where he will be paid in cash or in LBP bonds.
Are CARP farmer beneficiaries allowed to sell their lands?
Section 27 of RA 6657 states that within ten years, FBs cannot sell, transfer or donate the lands awarded to them except through hereditary succession, or if sold back to the State through the Land Bank of the Philippines or to another qualified beneficiary within the ten-year period.
However, if an ARB sells, transfers, leases or conveys his/her rights over the awarded land except to those mentioned above, this will be a ground for disqualification as a beneficiary of CARP, PD 27 and other agrarian laws.
What if the ten-year period has lapsed, can ownership of awarded agricultural lands be transferred or sold?
Yes, transferability/ownership can be allowed, provided the agricultural land has been fully paid and provided further that the transferee thereof is qualified under the CARP and does not own more than 5 hectares of agricultural land.
Preference of transferability however, should be to the direct cultivators, the government thru LBP, or other qualified beneficiaries. (Section 27, RA 6657)
Does an awardee still qualify to become a beneficiary after disposing his landholding?
An awardee who shall dispose of his/her landholding shall no longer be qualified to become beneficiary under CARP. However, the children or spouse of the beneficiary has the right to repurchase the acquired land which was transferred to the DAR within a period of two years.
10. Domestic worker or "Kasambahay" refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or "yaya", cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis.
11-13. llegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority.
Crime Involving Economic Sabotage. Illegal recruitment when committed by a syndicate or in large scale be considered an offense involving economic sabotage. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.
14. Conditions for the grant of Paternity Leave -
Every married male employees is entitled to paternity leave of seven (7) working days for the first four (4) deliveries of his legitimate spouse with whom he is cohabiting.
The first four deliveries shall be reckoned from the effectivity of the Paternity Leave Act on July 15, 1996.
Married male employee with more than one (1) legal spouse shall be entitled to avail of paternity leave for an absolute maximum of four deliveries regardless of whichever spouse gives birth.
15. Disabled Persons those suffering from restriction of different abilities, as a result of a mental. Physical or sensory impairment, in performing an activity in the manner or within the range considered normal for a human being.
16. Children employment is prohibited in working under conditions which gravely threaten or endanger the survival and normal development of the children for it is hazardous to their life, safety and normal development.
17. "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
18. Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
19. Where can sexual harassment committed: a. in the workplace; b. in an education or training environment
20. Senior citizen shall mean any resident citizen of the Philippines at least sixty (60) years old, including those who have retired from both government offices and private enterprises, and has an income of not more than Sixty thousand pesos (P60,000.00) per annum subject to review by the National Economic and Development Authority (NEDA) every three (3) years.
21. Compulsory Members of the SSS
1. All employees not over 60 years of age and their employers. 2. Domestic helpers with monthly income of not less than P1,000.00 a month. 3. Self-employed persons as may be determined by the Social Security Commission which may include but not limited to: a. All self-employed professionals b. Partners and single proprietors c. Actors and actresses, directors, scriptwriters and news correspondents who do not fall within the definition of what an employee is under the SSS Law. d. Professional athletes, coaches, trainers, and jockeys e. Individual farmers and fishermen 22. Voluntary Coverage of the SSS
1. Spouses who devote full time to managing the household and family affairs. 2. Filipinos employed abroad recruited by foreign-based employers. 3. Persons separated from employment to maintain his right to full benefits i.e resigned employee who wishes to continue paying monthly SSS dues. 4. Self-employed who realizes no income for a certain month. 23. Coverage of GSIS
a. All government personnel, whether elective or appointive, irrespective of status of appointment, provided they are receiving fixed monthly compensation and have not reached the mandatory age of 65;
b. Employees who have reached the retirement age of 65 or more shall also be covered, subject to the following rules:
1. An elective official who at the time of election to public office is below 65 years of age and will be 65 years or more at the end of his term of office, including the period/s of his re-election to public office thereafter without interruption.
2. Appointive officials who, before reaching the mandatory age of 65, are appointed to government position by the President of the Republic of the Philippines and shall remain in government service at age beyond 65.
c. Contractual employees including casuals and other employees with an employee-government agency relationship are also compulsorily covered, provided they are receiving fixed monthly compensation and rendering the required number of working hours for the month.
24. Portability law applies only when a person does not qualify for any of the pension systems, and thus, needs the totalization of contributions made in both systems to qualify for 1 or both systems.
With the help of RA 7699, otherwise known as the Portability Law, government retirees who do not meet the required number of years provided under PD 1146 and RA 8291 can still avail of retirement and other benefits. Under the scheme, you may combine your years of service in the private sector represented by your contributions to the Social Security System (SSS) with your government service and contributions to the GSIS to satisfy the required years of service under PD 1146 and RA 8291. However, if you have satisfied the required years of service under the GSIS retirement option you have chosen, you would not be allowed to incorporate your contributions to the SSS anymore for availment of additional benefits. In case of death, disability and old age, the periods of creditable services or contributions to the SSS and GSIS shall be summed up to entitle you to receive the benefits under either PD 1146 or RA 8291. If qualified under RA 8291, all the benefits shall apply EXCEPT the cash payment. The reason for this is that the Portability Law or RA 7699 provides that only benefits common to both Systems (GSIS and SSS) shall be paid. Cash payment is NOT included in the benefits provided by the SSS. 25. Lessee's Right of Pre-emption - In case the agricultural lessor decides to sell the landholding, the agricultural lessee shall have the preferential right to buy the same under reasonable terms and conditions: Provided, That the entire landholding offered for sale must be pre-empted by the Land Authority if the landowner so desires, unless the majority of the lessees object to such acquisition: Provided, further, That where there are two or more agricultural lessees, each shall be entitled to said preferential right only to the extent of the area actually cultivated by him. The right of pre-emption under this Section may be exercised within ninety days from notice in writing which shall be served by the owner on all lessees affected. Lessee's Right of Redemption - In case the landholding is sold to a third person without the knowledge of the agricultural lessee, the latter shall have the right to redeem the same at a reasonable price and consideration: Provided, That the entire landholding sold must be redeemed: Provided, further, That where these are two or more agricultural lessees, each shall be entitled to said right of redemption only to the extent of the area actually cultivated by him. The right of redemption under this Section may be exercised within two years from the registration of the sale, and shall have priority over any other right of legal redemption.
Natalia Realty, Inc. vs. Department of Agrarian Reform 225 SCRA 278 (1993)
Facts: Petitioner Natalia Realty, Inc. is the owner of a 125.0078-ha land set aside byPresidential Proclamation No. 1637 (1979) as townsite area for the LungsodSilangan Reservation. Estate Developers and Investors Corporation (EDIC),the developer of the area, was granted preliminary approval and locationalclearances by the then Human Settlements Regulatory Commission (HSRC)for the establishment of the Antipolo Hills Subdivision therein. In November 1990, a Notice of Coverage was issued by DAR on the undeveloped portionof the landholding. The developer filed its objections and filed this caseimputing grave abuse of discretion to respondent DAR for including theundeveloped portions of its landholding within the coverage of CARP.
Issue: Are lands already classified for residential, commercial or industrial use, and approved by HLURB and its precursor agencies prior to 15 June 1988,covered by RA 6657?
Held:
Sec. 4 of RA 6657 states that the CARL covers "regardless of tenurialarrangement and commodity produced, all public and private and agriculturallands" and as per the transcripts of the Constitutional Commission,"agricultural lands" covered by agrarian reform refers only to those which are"arable and suitable lands" and "do not include commercial, industrial andresidential lands." The land subject of the controversy has been set aside for the Lungsod Silangan Reservation by Proclamation No. 1637 prior to theeffectivity of RA 6657 and in effect converted these lands into residentialuse. Since the Natalia lands were converted prior to 15 June 1988, DAR is bound by such conversion, and thus it was an error to include these within thecoverage of CARL.
Central Mindanao University vs. Department of Agrarian Reform Adjudication Board 215 SCRA 86 (1992)
Facts:
On 16 January 1958, President Carlos Garcia issued Proclamation No. 467reserving for the Mindanao Agricultural College, now the CMU, a piece of land to be used as its future campus. In 1984, CMU embarked on a projecttitled "Kilusang Sariling Sikap" wherein parcels of land were leased to itsfaculty members and employees. Under the terms of the program, CMU willassist faculty members and employee groups through the extension of technical know-how, training and other kinds of assistance. In turn, they paidthe CMU a service fee for use of the land. The agreement explicitly providedthat there will be no tenancy relationship between the lessees and the CMU.
When the program was terminated, a case was filed by the participants of the"Kilusang Sariling Sikap" for declaration of status as tenants under theCARP. In its resolution, DARAB, ordered, among others, the segregation of 400 hectares of the land for distribution under CARP. The land was subjectedto coverage on the basis of DAR's determination that the lands do not meetthe condition for exemption, that is, it is not "actually, directly, andexclusively used" for educational purposes.
Issue:
Is the CMU land covered by CARP? Who determines whether lands reservedfor public use by presidential proclamation is no longer actually, directly andexclusively used and necessary for the purpose for which they are reserved?
Held:
The land is exempted from CARP. CMU is in the best position to resolve andanswer the question of when and what lands are found necessary for its use.The Court also chided the DARAB for resolving this issue of exemption onthe basis of "CMU's present needs." The Court stated that the DARABdecision stating that for the land to be exempt it must be "presently, activelyexploited and utilized by the university in carrying out its present educational program with its present student population and academic faculty"overlooked the very significant factor of growth of the university in the yearsto come.
The CMU case is unique as it involves land transferred by the state to CMU through PD 467 which provided for its commitment to a specific use and purpose.Thus, the said land was already set aside for a specific purpose and, in effect, wastaken outside the coverage of agrarian reform by law. It is submitted that a moreaccurate basis for the exemption should have been that the exclusive use of the land, both present and future, has been determined by law, and not because of thedetermination of the CMU of what it needs and how it intends to use it.