COURSE OUTLINE FOR

AGRARIAN REFORM LAW & SOCIAL LEGISLATIONS

1st Semester, School Year 2016-2017
ATTY. JOSEPH BENEDICT G. GESMUNDO
I.

The Comprehensive Agrarian Reform Law (Republic Act No. 6657)

History of Philippine Agrarian Laws

Rice Share Tenancy Act
Sugar Tenancy Act
Agricultural Share Tenancy Act
Agricultural Land Reform Code of 1963 (Republic Act 3844)
Emancipation of Tenants from the Bondage of the Soil Act of 1972 (Presidential
Decree 27)
Declaring Full Land Ownership to Qualified Beneficiaries covered by PD 27
(Executive Order 228, 17 July 1987)
Modifying EO 129 Reorganizing and Strengthening DAR (Executive Order 129A, 26 July 1987)
Instituting a Comprehensive Agrarian Reform Program (Proclamation 131, 22
July 1987)
Comprehensive Agrarian Reform Program of 1988 (Republic Act 6657)
Amendment to the CARP (Republic Act 7881)
Strengthening the CARP (Republic Act 9700)

Transfer of private and public lands to farmer beneficiaries

Sec. 3(a)
Sec. 4
Sec. 7
Sec. 16

Definition of Agrarian Reform

Scope of the Program
Priorities of Coverage
Land Acquisition (Compulsory Acquisition)

Cases:
Association of Small Landowners in the Philippines et. al. vs. Secretary of
grarian Reform, G.R. No. 78742, July 14, 1989
Roxas & Co. vs. Court of Appeals, G.R. No. 127876, Dec. 17, 1999.
Sec. 19

Land Acquisition (Voluntary Offer to Sell)

Lands not covered by land acquisition

Sec. 6

Retention Rights
Cases:
Daez vs. Court of Appeals, G.R. No. 133507, Feb. 17, 2000
Rodriguez vs. Salvador, G.R. No. 171972, June 8, 2011

Sec. 10

Exemptions and Exclusions

Cases:
Alita vs. Court of Appeals, 170 SCRA 706
Natalia Realty vs. Department of Agrarian Reform, G.R. No. 103302,
August 12, 1993
Luz Farms vs. Secretary of Agrarian Reform, G.R. No. 86889, December
4, 1990
Department of Agrarian Reform vs. Sutton, G.R. No. 162070, October 19,
2005
Milestone Farms, Inc. vs. Office of the President, G.R. No. 182332,
February 23, 2011
Central Mindanao University vs. DARAB, G.R. No. 100091, Oct. 22, 1992
Department of Agrarian Reform vs. Department Of Education, Culture
and Sports, G.R. No. 158228, March 23, 2004
Roxas & Company, Inc. v. DAMBA-NSFR, G.R. No. 149548, December 4,
2009
Buklold ng Magbubukid vs. E.M. Ramos & Sons, G.R. No. 131481, March
16, 2011
Republic of the Philippines vs. Lopez Agri Business Corp., 639 SCRA 49
Province of Camarines Sur vs. Court of Appeals, G.R. No. 103125, May
17, 1993

Land valuation
Sec. 17
Cases:
Hacienda Luisita vs. PARC, G.R. No. 171101, April 24, 2012
Land Bank vs. Dumlao, 572 SCRA 108
Land Bank vs. Soriano, 620 SCRA 347
Land Bank vs. Orilla, 556 SCRA 102
Land Bank vs. Banido, 628 SCRA 454
Land Bank vs. Colarina, 629 SCRA 614
Land Bank vs. Celada, G.R. No. 164876, Jan. 23, 2006
Sec. 18
Cases:
Land Bank of the Philippines vs. Natividad, G.R. No. 127198, May 16,
2005
Lubrica v. Land Bank of the Philippines, G.R. No. 170220, November 20,
2006
Association of Small Landowners in the Philippines vs. Secretary of
Agrarian Reform, GR. No. 79310 , July 14, 1989
Land Bank vs. Court of Appeals, G.R. No. 118712, Oct. 6, 1995
Land Bank vs. Pascual, G.R. No. 128557, Dec. 29, 1999
Santos vs. Land Bank, G.R. No. 137431, Sept. 7, 2000
Land Bank vs. Court of Appeals, G.R. No. 128557, Dec. 29, 1999.

Land redistribution
Sec. 22
Sec. 23
Sec. 24
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Cases:
Mago vs. Barbin, G.R. No. 173923, October 12, 2009
Padua vs. Court of Appeals, G.R. No. 153456, March 2, 2007
Pasco vs. Pison-Arceo Agri. Dev. Corp., G.R. No. 165501, March 28,
2006
Sec. 25
Sec. 26
Sec. 27
Cases:
Estribillo vs. Department of Agrarian Reform, G.R. No. 159674, June 30,
2006
Estate of Vda. de Panlilio vs. Dizon, G.R. No. 148777, October 18, 2007

Improvement of the Leasehold Relationship

Sec. 12.

Determination of Lease Rentals

Caballes vs. Department of Agrarian Reform, G.R. No. 78214, December

5, 1988
Gelos vs. Court of Appeals, G.R. No. 86186, May 8, 1992
Gabriel vs. Pangilinan, G.R. No. L-27797, Aug. 26, 1974

Variations in land acquisition

Sec. 31

Corporate Landowners (Stock Distribution Option)

Hacienda Luisita Inc. vs. Presidential Agrarian Reform Council et. al,
GR. No. 171101, July 5, 2011.

Production Sharing
Sec. 32

Alternative Business Arrangements (Joint Economic Enterprises in a Post

Distribution Scenario: Making Landowner-Farmer Partnership Work (DAR Adm.
Order No. 9, s. 2006)
4

Conversion of Agricultural Lands

Sec. 65
Cases:
CREBA vs. Secretary of Agrarian Reform, 621 SCRA 295
Sta. Rosa Realty vs. Court of Appeals, G.R. No. 112526, Oct. 12, 2001
Ros vs. Department of Agrarian Reform, G.R. No. 132477, August 31,
2005
Chamber of Real Estate and Builders Associations, Inc. vs. Secrretary of
Agrarian Reform, G.R. No. 183409, June 18, 2010
Fortich vs. Corona, G.R. No. 131457, April 24, 1998

Mechanisms for implementing the Comprehensive Agrarian Reform Program

Sec. 41
Sec. 42
Sec. 43
Sec. 49
Sec. 44
Sec. 45
Sec. 46
Sec. 47
Sec. 48

Presidential Agrarian Reform Council

Presidential Agrarian Reform Council
Presidential Agrarian Reform Council
Presidential Agrarian Reform Council
Provincial Agrarian Reform Coordinating Committee
Provincial Agrarian Reform Coordinating Committee
Barangay Agrarian Reform Committee
Barangay Agrarian Reform Committee
Barangay Agrarian Reform Committee

Financing the Comprehensive Agrarian Reform Program

Sec. 63

Resolution of agrarian disputes

Sec. 50
Sec. 51
Sec. 52
Sec. 53
Cases:
Tangub vs. Court of Appeals, 191 SCRA 885

Sta. Rosa Realty Development Corporation vs. Amante, G.R. No. 112526,
March 16, 2005
Department of Agrarian Reform vs. Cuenca, G.R. No. 154112, September
23, 2004
Cabral vs. Court of Appeals, G.R. No. 101974, July 12, 2001
Isidro vs. Court of Appeals, 216 SCRA 503
Heirs of Herman Rey Santos vs. Court of Appeals, G.R. No. 109992,
March 7, 2000
Sta. Ana vs. Carpo, 572 SCRA 463
Laguna Estate vs. Court of Appeals, G.R. No. 119357, July 5, 2007
Alangilan vs. Office of the President, 616 SCRA 633
Concha vs. Rubio, 617 SCRA 223

Modes of appeal or review from the DARAB

Sec. 54

Authority of the DAR Secretary to nullify titles under the CARP

Sec. 24

The role of the Special Agrarian Courts in land valuation and penal provisions
Sec. 56
Sec. 57
Cases:
Philippine Veterans Bank vs. Court of Appeals, G.R. No. 132767, Jan. 18,
2000
Land Bank of the Philippines vs. Martinez, G.R. No. 169008, August 14,
2007
Land Bank of the Philippines vs. Cruz, G.R. No. 175175, September 29,
2008
Land Bank of the Philippines vs. Celada, G.R. No. 164876, January 23,
2006
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Land Bank of the Philippines vs. Court of Appeals, G.R. No. 128557,
December 29, 1999
Sec. 58
Sec. 59
Sec. 60
Case:
Land Bank vs. De Leon, G.R. No. 143275, Sept. 10, 2002

Support Services for the farmers and landowners

Sec. 36
Sec. 37
Sec. 38
Sec. 39

Prohibited acts under the Comprehensive Agrarian Reform Program

Sec. 73

II.

The Domestic Workers Act (Republic Act No. 10361)

Applicability of the law

Meaning of domestic worker
Cases:
Apex Mining Co. vs. NLRC, 196 SCRA 251
Barcenas vs. NLRC, 187 SCRA 498

Minimum age for employment of domestic worker

Hiring of domestic worker
Basic contents of employment contract
Registration of domestic workers
Terms and conditions of employment
Rights and privileges of domestic workers
Obligations of domestic workers
Araw ng mga kasambahay
Prohibited activities
Just causes for termination of employment by the domestic worker
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III.

The Migrant Workers and Overseas Filipinos Act (Republic Act No. 8042)

IV.

Meaning of paternity leave

Coverage of the law
Duration of the paternity leave
Conditions for entitlement to paternity leave
Penal Sanctions

The Solo Parents Welfare Act (Republic Act No. 8972)

VI.

Definition of migrant worker

Deployment of migrant workers
Liability of the POEA Governing Board
Compulsory insurance coverage for agency-hired migrant workers
Disqualification
Coverage of the insurance
Repatriation of migrant workers
Emergency repatriation
Repatriation of underage migrant workers
Illegal recruitment
Syndicated illegal recruitment
Large-scale illegal recruitment
Economic sabotage
Filing of criminal complaint for illegal recruitment
Prescriptive period for filing of criminal complaint
Penalty for illegal recruitment
Jurisdiction of the POEA
Power of the POEA to order closure of establishment
Effect of closure order
Remedies from a closure order

The Paternity Leave Act (Republic Act No. 8187)

V.

Just causes for termination of employment by the employer

Certificate of Employment
Criminal Acts
Criminal Sanction

Definition of solo parent

Benefits available to a solo parent

The Magna Carta of Persons with Disability (Republic Act No. 7277)
8

VII.

Definition of persons with disability

Rights and privileges of persons with disability
Prohibition on discrimination, ridicule, and vilification of persons with disability
Tax incentives for benefactors
Penal Sanctions

The Special Protection of Children Against Abuse, Exploitation and Discrimination

Act (Republic Act No. 7610)

Definition of children
Employment of children
Child abuse
Child trafficking
Other acts of child abuse
Filing of complaint
Confidentiality
Protection of children in situations of armed conflict
Children in conflict with the law
Procedure for taking the child in conflict with the law into custody
Treatment of children below the age of criminal responsibility
Petition for involuntary commitment
Detention pending trial
Automatic suspension of sentence
Execution of judgment

VIII. The Magna Carta of Women (Republic Act No. 9710)

IX.

The Anti-Violence Against Women and Their Children Act (Republic Act No. 9262)

X.

Rights of women
Sanctions
Aggravating circumstances

Violence against women and children

Remedies of victims of violence against women and children
Battered women syndrome
Venue of criminal action
Barangay Protection Order
Judicial Protection Order

The Anti-Trafficking of Persons Act (Republic Act No. 9208)

9

XI.

Definition of trafficking in persons

Acts of trafficking in persons
Venue of criminal action

The Anti-Sexual Harassment Act (Republic Act No. 7877)

Definition of sexual harassment

Cases:
Floralde vs. Court of Appeals, 337 SCRA 371
Philippine Aeolous Automotive vs. NLRC, 331 SCRA 237
Domingo v. Rayala, 546 SCRA 90

Act of sexual harassment

Places where sexual harassment can be committed
Obligations of employer or head of education or training institution
Liability of the employer, education or training institution
Penalties
Cases:
Civil Service Commission vs. Nierras, 545 SCRA 316
Villarama vs. NLRC, 236 SCRA 283

XII.

The Senior Citizen Act (Republic Act No. 7432)

Definition of senior citizen

Privileges of senior citizens
Conditions for availment of privileges
Additional tax deduction for private entities that employ senior citizens
Criminal offenses and penalties
The Office of the Senior Citizens Affairs

XIII. The Home Development Mutual Fund Law (Presidential Decree No. 1752)

Objective of the law

Corporate entity
Coverage
Fund contributions
10

Term of membership
Housing features
Substitute retirement plan
Penal provisions

XIV. The National Health Insurance Act (Republic Act No. 7875)

XV.

Objective of the law

Coverage
Enrolment of beneficiaries
Premium contributions
Benefits under the National Health Insurance Program
Health services not covered by the National Health Insurance Program
Conditions for entitlement to benefits
Health care providers

The Social Security Act (Republic Act No. 1161)

Objective of the law

Compulsory coverage
Voluntary coverage
Employees not covered
Obligations of employer
Effect of non-reporting or non-remittance
Effect of failure to make timely remittance of contribution
Effect of interruption of business or professional income
Effect of separation from employment
Benefits

XVI. The Government Service Insurance System Act (Presidential Decree No. 1146)

Compulsory coverage
Employees not subject to compulsory coverage
Separation from government service
Benefits

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