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COURSE SYLLABUS

College of Law, De La Salle 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. COURSE TOPICS
1. Basic Principles of Agrarian Reform and Rural Development
2. Social Justice and Social Legislation
3. History of Agrarian Reform
4. Agricultural Leasehold and Tenancy
5. Agrarian Law Implementation (Coverage and Beneficiary Identification)
6. Just Compensation
7. 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

August 12 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

August 19 RA 1199, as amended by RA 2263


 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

August 26 RA 6657, as amended and AO 7, series 2011 as amended

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

September Constitution
2  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 vs Rufino (G.R. No. 175644)
 LBP vs Banal (G.R. No. 143276)
 LBP vs Celada (G.R. No. 164876)
 LBP vs Soriano (G.R. No. 180772 and 180776)
 LBP vs Wycoco (G.R. 140160, 13 January 2004)
 LBP vs 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)

September Constitution
9  Article XIII, Sec 4
R.A. 6657, as amended
 Sec 6
LOI 474

Cases:
 Daez vs CA (G.R. No. 133507)
 Heirs of Griño 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

September AFMA
16 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

September Film Showing: Lupang Hinirang


23 R.A. No. 6657, as amended by R.A. No. 9700
 Sec 24
PD 1529
Cases:
 Heirs of Griño 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 7 Social Security Law: Powers of the SSC
Republic Act 8282, as amended

CMS Estate Inc. vs. Social Security System and Social Security Commission L-26298, 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

October 14 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)

October 21 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- Dependent’s Pension
Section 12-B- Retirement Benefits
Section 13- Death Benefits
Section 13-A- Disability Benefits
Section 14- Sickness Benefit
Section 14-A- Maternity Benefit
October 28 Collection of unremitted SS contributions, interests and penalties

Employer-Employee relations
Condonation Law- Republic Act 9903

Section 19- Employer’s Contribution


Section 19-A Contribution of Self-Employed Member
Section 22- Remittance of Contributions for Employed Members
Legal Assessment
SS contributions not public funds
Employer’s non-remittance shall not prejudice employee’s 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 Manufacturer’s 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

November 4 Jurisprudence on
*Bigamous marriages; Two wives-claimants; Validity of Marriage
November *Requirement of legitimacy of marriage and dependency; Entitlement to support
11 *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
November Social Legislation:
18 Indigenous Peoples Rights Act
Agriculture and Fisheries Modernization Act
Urban Development and Housing Act
Violence Against Women and Children
Magna Carta of Women
November 25 Reporting on Critique of Social Legislation or Proposed Bill

December 2 Consolidation
December 9 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 students 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