Professional Documents
Culture Documents
1. Explain why the Social Security Law is not considered a law on succession?
The Social Security Law is not a law of succession because it is not the heirs of the
employee, but the designated beneficiaries who are to receive the benefits that
actually receives such benefits.
It is only when the beneficiary is the estate, or when the designated beneficiary or
the designation of beneficiary is void, then the heirs of the employee would receive
the benefits.
3. The inclusion of religious organizations under the coverage of the Social Security Law is
deemed to be valid in the case of Roman Catholic Archbishops of Manila. Explain.
Religious organizations under the coverage of the Social Security Law does not
violate the constitutional prohibition against the use of public funds for the
application for the use, benefit, or support of any priests because the funds of the
Social Security System are private funds and not public funds.
4. Enumerate the people covered by compulsory coverage of the Social Security Law.
5. Explain the effective date of coverage from employers, employees, and the self-employed.
For employers, the date of coverage for the Social Security Law begins on the first
day of his operation. For employees it begins on the first day of his employment
and for the self-employed, it begins upon the registration with the SSS.
No, when a person registers for SSS membership, he becomes a member for life.
During such time that the member failed to remit contributions, the benefits and
loan privileges provided by the SSS can still be availed as along as the member
meets the qualifying conditions for entitlement thereto.
9. What are the obligations of an employer under the Social Security Law
a. Separation benefits
b. Unemployment or involuntary separation benefits
c. Permanent total disability benefits
d. Permanent partial disability benefits
e. Temporary total disability benefits
f. Retirement benefits
g. Survivorship benefits
h. Funeral benefit
i. Life insurance benefit
No, separation from service will not terminate GSIS membership. He/She continues
to be a member and is entitled to whatever benefits he has qualified to in the event
of any compensable contingency.
14. Enumerate the employees not subject to compulsory coverage of the GSIS
a. Uniformed personnel of the AFP, PNP, Bureau of Fire Protection and Bureau
of Jail Management and Penology;
b. Barangay and Sanggunian Officials who are not receiving fixed monthly
compensation
c. Contractual employees who are not receiving fixed monthly compensation; and
d. Employees who do not have monthly regular hours of work and are not
receiving fixed monthly compensation
Active members refer to a member who is still in government service and together
with the government agency to which he belongs is required to pay monthly
contributions.
16. Who are Inactive Members of the GSIS?
GSIS members are entitled to this benefit if the following are met:
a. He was a permanent employee at the time of separation
b. His separation was involuntary due to abolition of his office; and
c. He has been paying the required premium contributions for at least 1 year prior
to separation.
If the member has reached the minimum retirement age, disability benefits are
suspended when he:
a. Is reemployed or
b. Recovers from the disability as determined by GSIS or
c. Fails to present himself for medical examination when required by GSIS
It refers to the distribution of public agricultural lands, large estates and regulation
of the relationship between landowner and the farmer who works on the land.
It means an area of farm land that permits efficient use of labor and capital resources
of the farm family and will produce an income sufficient to provide a modest
standard of living to meet a farm family’s need for food, clothing, shelter and
education with possible allowance for payment of yearly instalments on the land.
25. What are the terms not included in the word Agriculture?
Lands devoted to the raising of livestock, poultry, and swine are classified as
industrial, not agricultural, hence exempt from agrarian reform program.
26. Enumerate the lands NOT covered by the Comprehensive Agrarian Reform Law
Under section 6 of the Comprehensive Agrarian Reforms Law, the landowner has
the right to retain not more than five (5) hectares of his landholdings. The retained
area need not be personally cultivated by the landowner – cultivation can be done
indirectly through labor administration.
29. Can a landowner who has already exercised his retention rights under PD 27 be entitled to
the retention right under the Comprehensive Agrarian Reform Law?
If the landowner has already exercised his retention right under PD 27 then he can
no longer exercise that right under the Comprehensive Agrarian Reform Law.
However, if the landowner chooses to retain 5 hectares under CARL, the 7 hectares
retained by him under PD 27 is placed under the CARL.
30. Can spouses retain 5 hectares under the Agrarian Reform Law?
The landowner has the right to choose the area to be retained. The chosen area
should be compact or contiguous and should not exceed the retention ceiling of 5
hectares, the landowner’s choice of the area to be retained must prevail.
32. What is the rule when the title of land is transferred to the state?
Title and ownership of land would only be transferred to the Republic only upon
full payment of the just compensation. Until the just compensation is determined
and fully paid the title and ownership will remain with the landowner.
33. What are the two notices need for validity of implementation?
35. What is the procedure for determination of Just Compensation under the Comprehensive
Agrarian Reform Law?
The determination of just compensation begins with the Land Bank determining the
value of the lands. Using the valuation of the Land Bank, the DAR makes an offer
to the landowner. If the landowner rejects, the DAR conducts a summary
administrative proceeding to determine the compensation by requiring the
landowner, Land Bank and other interested parties to submit evidence.
To qualify he must be a
a. Filipino Citizen
b. Resident of the barangay or municipality where the landholding is located
c. At least 15 years old at the time of identification, screening and selection;
d. Willing, able, and equipped with aptitude to cultivate and make the land
productive.
37. Enumerate the factors to be considered in determining the size of the land to be awared.
a. Types of crop
b. Type of soil
c. Weather patterns; and
d. Other pertinent factors critical for the success of the beneficiaries.
39. When does the DAR issue a Certificate of Land Ownership Award (CLOA)?
The DAR will issue the CLOA only upon the full payment of amortization by the
farmer-beneficiary. The CLOA in turn becomes the basis for the issuance in his
name of an original or transfer certificate title.
41. What are the support services given by the Comprehensive Agrarian Reform Law to
beneficiaries?
Rural women are those engaged directly or indirectly in farming or fishing as their
source of livelihood, whether paid or unpaid, regular or seasonal, or in food
preparation, managing the household, caring for the children, and other similar
activities.
43. The law provides Rural Women with assurance and guarantees. Enumerate them.
a. Direct or
b. Indirect
46. Who has the right over standing crops at the time of acquisition?
The landowner retains his right over crops not yet harvested at the time the
Department of Agrarian Reform took possession of the land.
The law prohibits the transfer of ownership and not the transfer of possession. The
beneficiary can lease the land to another person, provided that the lease is also for
agricultural purposes. If the lease is not for agricultural purposes then the Agrarian
Reform should approve the lease.
48. Can the beneficiary lease the land to the former landowner?
The beneficiary can lease the land to its former owner. However, this can only be
done by obtaining approval from the Department of Agrarian Reform.
No, when the matter pertains to issues involving or regarding ownership and not
agrarian dispute then the matter is beyond the jurisdiction of the DAR Adjudication
Board. (Heirs of Herman Rey Santos v. Court of Appeals GR No. 10992)
In addition to their vested jurisdiction, the Special Agrarian Court are conferred
original and exclusive jurisdiction to hear and decide: a) petitions for the
determination of just compensation; and b) criminal violations of the
Comprehensive Agrarian Reform Law.
52. What is the remedy of the landowner from an adverse decision of the Special Agrarian
Court and adverse decision from the Court of Appeals?
The remedy from an adverse decision rendered by the SAC is appeal via petition
for review under Rule 43 of the Rules of Court, and not an ordinary appeal. The
remedy for an adverse decision of the Court of Appeals is to file a petition for
certiorari with the Supreme Court.
53. Explain the applicability of the Rules of Court with regard to cases involving the
Comprehensive Agrarian Reform Program.
The procedures outlined in the Rules of Court will govern if the adverse decision
is on appeal. This will expedite the proceedings and the court may require the
parties to submit simultaneous memorandum within 15 days after which the case
will be deemed submitted for decision.
The just compensation payments to landowners can only be sourced from the
Agrarian Reform Fund. If the annual budget for the Agrarian Reform fund is not
sufficient, the just compensation payments shall be charged against the debt service
program of the national government.
The Land Bank is the financial arm of the agrarian reform program. The
determination of just compensation under the Comprehensive Agrarian Reform
Law commences with the Land Bank determining the value of the lands.
Reclassification is the act of specifying how agricultural lands shall be utilized for
non-agricultural uses such as residential, industrial, commercial and other non-
agricultural purposes.
The following persons can apply for conversion: a) beneficiary; or b) the landowner
with respect only to his retained area which is tenanted.
The application for conversion can be filed if any of the following conditions exist:
a) when the land ceases to be economically feasible for agricultural purposes; or b)
when the locality has become urbanized and the land will have a greater economic
value for residential, commercial, or industrial purposes.
61. In the Tenant Emancipation Law, Section 1 states that all qualified farmers are now deemed
full owners. Explain
The phrase shall be deemed owner or are now deemed full owners does not mean
automatic transfer of title or ownership of the land to the tenant or lessee. There has
to be full payment of just compensation before the landowner could be divested of
his land, otherwise the land would be taken without just compensation in violation
of the constitution. The title of land will only be transferred upon full payment of
just compensation.
The patent vests upon the farmer-beneficiary absolute ownership over the
landholding, and it constitutes conclusive authority for the issuance of an original
or transfer certificate of title in the holder’s name.
The following are the grounds for the cancellation of the Emancipation Patent:
a. Abandonment of the land
b. Neglect or misuse of the land
c. Failure to pay 3 annual amortizations
d. Misuse or diversion of financial and support services
e. Sale, transfer or conveyance of the right to use the land
f. Illegal conversion of the land
All cases involving the cancellation of registered emancipation patents are within
the exclusive and original jurisdiction of the Secretary of the Department of
Agrarian Reform.
67. Can the Tenant-beneficiary sell or transfer ownership of the land under PD 27?
The tenant-beneficiary cannot sell or transfer ownership of the land acquired under
the Tenant Emancipation law except to the government or by hereditary succession.
If the farmer fails to pay 3 annual amortizations the Land Bank shall cause for the
foreclosure of the mortgage. The tenant-farmer or any of his heirs may lift the
foreclosure within a period of two-years from its registration by paying the Land
Bank all unpaid amortizations on the land with interest of 6 percent per annum.
69. Explain the Right of Retention of the Landowner under PD 27.
Share tenancy is a situation where two persons agree on a joint undertaking for
agricultural production wherein one party furnishes the land and the other his labor,
with either or both, contributing any one or several of the items of production. The
produce thereof is divided between the landholder and the tenant.
The rental may be paid by the agricultural lessee in money or in produce, or both.
If the rental is to be paid in produce, it should be paid immediately after threshing
or processing. If the payment to be paid in money, it should be paid within a
reasonable time from threshing or processing.
75. Does the transfer of ownership of land transfer the leasehold relation?
If the landowner-lessor sells or transfers ownership of the land, the leasehold
relationship is not extinguished. The buyer or transferee becomes the lessor.
The agricultural leasehold under the code of agrarian reform is extinguished by:
a. Abandonment of the landholding without the knowledge of the agricultural
lessor
b. Voluntary surrender of the landholding by the agricultural lessee; or
c. Absence of the persons to succeed the lessee, in the event of death or permanent
incapacity of the lessee.
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