This action might not be possible to undo. Are you sure you want to continue?
COURSE OUTLINE FOR AGRARIAN REFORM LAW [Law 148] 1st Semester, SY 2011-2012
Atty. Hector D. Soliman Professorial Lecturer, UP College of Law Former Undersecretary of the DAR and currently Consultant Burkley and Aquino Law Office 2008 Jollibee Plaza, Emerald Avenue, Ortigas Center, Pasig City Phone 638-3505/ email: email@example.com
Mobile 0917 533 2692 Course Description This two unit course is designed to provide law students an insight into the core concepts of agrarian reform law as designed and implemented under RA 6657 (as amended). A historical background shall be provided, and the key ideas of this social justice legislation will be examined. The student will also be given a detailed analysis of the dispute resolution mechanism within the DAR and the DAR Adjudication Board. Finally, the student will also be given a live case to handle, and apply his/her analytic skills in the proposed resolution of the case by writing a case matrix and a draft decision. Course Requirements 1. Active Participation in Class Discussions and least 14 class attendance days (30%) 2. Completion of the AR Law Compendium 3. Mid Term Quiz on Jurisdiction (30%) 4. Final Paper and Presentation: Case Analysis and Draft Decision (40%) Useful Reference http://www.dar.gov.ph/policy_isssuances.html
Course Outline Session One – Organizational Meeting
Overview of the Course on Agrarian Law General Concepts of Agrarian Reform Organizational Matters and Course Completion • Common Make Up Time • Class Coordinators
2009 Sec. 1983 RA 3844 as amended by RA 6389 (Agricultural Land Reform Code) August 8. 1995 RA 9700 (Strengthening the CARP) August 7.2 • Email Group Session Two . Perla Q.. 1991 Edition. 2 RA 6657 (as amended by RA 9700) – Declaration of Principles and Policies Session Three – Land Acquisition LAND ACQUISITION – the transfer of private and public lands to farmer beneficiaries . Antonio Ledesma. eds. 1963 PD 27 (Emancipation of Tenants from the Bondage of the Soil) Oct.Introduction Historical Background and Progression of Legislation Article: Law on Agrarian Reform. Ateneo de Manila. Executive Order 228 (Declaring Full Land Ownership to Qualified Beneficiaries covered by PD 27) 17 July 1987 Executive Order 129-A (Modifying EO 129 Reorganizing and Strengthening DAR) 26 July 1987 Proclamation 131 (Instituting a Comprehensive Agrarian Reform Program) 22 July 1987 RA 6657 (Comprehensive Agrarian Reform Program) June 10. 1988 RA 7881 (Amending the CARP) February 20. pp. 1972. 21. Institute of Philippine Culture. Makil & Virginia A. by Recaredo Barte. 1-18 (Introduction) Article: The Development of Post War Philippine Land Reform: Political and Sociological Explanations By David Wurfel in Second View from the Paddy. Miralao.
2. GR No. al. 2 series 2003 .Exemptions and Exclusions Sec. No.. 17. GR No. Sec. October 19. Respondents. vs. Court of Appeals (GR No. Order No. versus Secretary of Agrarian Reform. Order No. 1990 and the case of Natalia Realty et. 103302..3 Sec. Sec. Sec. Sec. 31 Corporate Landowners (Stock Distribution Option) Sec. Dec. 13 series 1990 – Rules and Procedures Governing Exemptions of Lands Under Sec. Order No.R. 3 c in relation to DOJ Opinion No. Court of Appeals (170 SCRA 706. 10. [G.. 1989) Reference: DAR Adm.f with retention right under PD 27) Alita vs. July 14. No. 79310 . Exemptions and Exclusions Sec. 1993 References: DAR Adm. 2005. al. versus DAR. December 4. 86889. 1989 (175 SCRA 343) Roxas vs. Delia T. 127876. 3c.2003 Rules of Procedure on Landowners Retention Rights Sec. 3a 4 7 16 19 Definition of Agrarian Reform Scope of the Program Priorities of Coverage Land Acquisition (Compulsory Acquisition) Land Acquisition (Voluntary Offer to Sell) Association of Small Landowners in the Philippines et. Secretary of Agrarian Reform. 6 – Retention Rights (c. 4 series 2003 – 2003 Rules on Exemption of Lands under Sec.] . GR. 162070. series 2009 – RULES AND REGULATIONS ON THE ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS under RA 6657 as amended by RA 9700 Session Four – Retention. al. Exemption and Exclusions LANDS NOT COVERED BY LAND ACQUISITION: Retention Rights. 1 – Award of Lands to Children of Landowners Reference: DAR Adm. August 12. RA 6657 and DOJ Opinion 44 s. 1990 Luz Farms vs. Sutton et. 1999) VARIATIONS ON LAND ACQUISITION Sec. 10 of RA 6657 DAR Adm. 44 s. 1990 (192 SCRA 51) Department of Agrarian Reform Petitioner. Order No. 6 para.
December 4. 79310 .4 Milestone Farms. C.R. March 23. 2006. vs. February 23. al. INC. respondent. HON. 4. Association of Small Landowners in the Philippines et. No. 2011. DECS] Department of Agrarian Reform. vs. series 1995 – Rules and Regulations on the Exemption of Fishponds from the Coverage of CARL pursuant to RA 7881 Central Mindanao University versus DARAB (215 SCRA 85. 2004. 182332. respondents. 127198. Order No. the modes of payment and the appeals process in case the value is deemed too low • Land Valuation under Operation Land Transfer (PD 27) Read PD 27 and EO 228 and the valuation formula (para.. 2. PD 27 and Sec. versus Secretary of Agrarian Reform. petitioner. LAND BANK OF THE PHILIPPINES. GR. 158228.] RA 7881 (1995) Exempting Prawn Farms and Fishponds from CARP Reference: DAR Adm.R. No. [G. NATIVIDAD.R. G. 1989 (175 SCRA 343) [pertinent portions on just compensation] . No... 2009. 170220. petitioner. G. vs. LUBRICA vs.R. 2 of EO 228) Sec 17 and 18. 1992) [compare with DAR vs.] Session Five – Land Valuation LAND VALUATION – the process of determining the just compensation for the land owners. May 16. November 20. petitioner.] Province of Camarines Sur vs. 222 SCRA 173 (1993) ROXAS & COMPANY. No. [G. [G. RA 6657 Sec16 (d) in relation to the authority of the DAR to revalue the property Read Section IV D of DAR Adm. July 14. Culture and Sports (DECS). Inc. No. respondent. 149548. Office of the President. Order No. CA.R. series 2009 (Valuation) LAND BANK OF THE PHILIPPINES vs. Department Of Education. DAMBA-NFSW and the DEPARTMENT OF AGRARIAN REFORM. 2005 JOSEFINA S. No. ELI G. 3.
Oct. Revised Rules and Procedures Governing Leasehold Implementation in Tenanted Agricultural Lands b) Production Sharing (Sec 32) . the payment by the beneficiaries to the government and the subsequent sale or transfer of the beneficiaries to third parties after distribution Secs.R. 1974) Reference: Administrative Order No. December 5. Pangilinan (58 SCRA 590. 1992) Gabriel vs. respondents. 2006.] Session Seven. DAR. June 30. RA 6657. as amended The principle of affordability to the farmers. No.. 25. 23. 24.Land Tenure Improvement LAND TENURE IMPROVEMENT – LTI – the improvement of the tenurial and socio-economic status of the farmers short of transferring full ownership of the land a) Improvement of the Leasehold Relationship Sec. Determination of Lease Rentals What constitutes a leasehold relationship? Caballes vs. 6. DEPARTMENT OF AGRARIAN REFORM and HACIENDA MARIA. 26 and 27. and government financing of transaction costs Indefeasibility of Titles SAMUEL ESTRIBILLO. et. vs. Court of Appeals (208 SCRA 608. 12. s. GR No. 1995) Authority of the DAR Adjudication Board over land valuation cases (see Article XIX of the 2009 DARAB Rules of Procedure) Session Six – Land Redistribution LAND REDISTRIBUTION – the awarding of lands to qualified beneficiaries once the property has been “expropriated’ by the government. [G. CA and Pedro Yap (GR No. 1988 (168 SCRA 247) Gelos vs. 159674. 118712. al. INC. 2006. 2. 22.5 Land Bank vs. 78214. petitioners.
2006) Session Eight – Conversion of Agricultural Lands CONVERSION – The actual change of the land use from agricultural. No. 9.) Reference: DAR Administrative Orders No.R. Department Of Agrarian Reform Respondents. June 18. petitioner. 1987) . respondent. 183409.Mechanisms for Program Implementation The Presidential Agrarian Reform Council (Secs. Opinion and Resolution of the Motion for Reconsideration) Decision of the Office of the President on the Sumilao Case VIDEO SHOWING: LUPANG HINARANG. 54 s. Renato Corona GR. of lands which could have potentially been covered under the CARP Sec 65. vs. [G. (CREBA). 41. 2005. vs. al. 1993. 42. by Ditsi Carolino Session Nine. 2002 — 2002 Rules and Regulations on the Conversion of Agricultural Lands to Non-Agricultural Uses The Hon. 43. [G. 1998 (Decision. THE SECRETARY OF AGRARIAN REFORM. Carlos Fortich et.] CHAMBER OF REAL ESTATE AND BUILDERS ASSOCIATIONS. Petitioners. Code) Memo Circular No.R. 131457. 1. 44-45) The Barangay Agrarian Reform Committee (Secs. 46-48) The Department of Agrarian Reform (Executive Order 129-A. dated July 26. to residential. No. s. RA 6657 Conversion of Agricultural Lands: What is the difference between exemption. The Hon.] Sec 20 of RA 7160 (Local Govt. April 24.6 c) Alternative Business Arrangements (Joint Economic Enterprises in a Post Distribution Scenario: Making Landowner-Farmer Partnership Work (DAR Adm. 132477. 20 of RA 7160 Authorizing Cities And Municipalities to Reclassify Agricultural Lands to Non-Agricultural Uses. al. conversion and reclassification? Jose Luis Ros. August 31. INC. s. No. vs. et. Office of the President (Prescribing the Guidelines governing Sec. industrial or commercial. 2010. 49) The Provincial Agrarian Reform Coordinating Committee (Sec. Order No.
4. (1998) Augmenting the Agrarian Reform Fund with an Additional Fifty Billion Peso Budget RA 9700. determination or adjudication. in relation to Secs. Court of Appeals. RA 9700] READ: DAR Administrative Order No. entitlements of beneficiaries. CUENCA et. conciliation.Agrarian Justice or the Resolution of Agrarian Disputes Quasi Judicial Powers of the DAR (Agrarian Justice) – the mechanisms to determine the status of the land. 3 series 2009: Rules and Procedures regarding the Cancellation of Registered EPs and CLOAs DEPARTMENT OF AGRARIAN REFORM. 19 of RA 9700 (Jurisdiction on and Referral of Agrarian Disputes) . vs. ROBERTO J. series 2009 : Rules and Regulations Implementing Sec. 13. 19. [G. September 23. 3. Order No.7 The DAR Adjudication Board (Sec. 1990 (191 SCRA 885) Authority of the DAR Secretary to nullify titles under the CARP (Sec. 63 of RA 6657 Session Ten.R. 2003 (2003 Rules on Agrarian Law Implementation [ALI] Cases) 2009 Rules of Procedure of the DARAB. Rufina Vda de Tangub vs. 21 amending Sec. respondents. 24 of RA 6657 as amended by Sec. s. UDK 9864. EO 129-A) Financing the Program Sec. 63 of RA 6657. 154112. and other agrarian matters and disputes which may require mediation. December 3. No. petitioner. This topic includes actions by the DAR. Sec. 2004. 50-53 of RA 6657 as amended Distinction between Cases in the Administrative Implementation of the Program (ALI) and Cases for Adjudication : DAR Adm. Secs. al. Order No.] Determination of an Agrarian Dispute for cases filed in courts and prosecutors office [Sec. 21 and 22 of E) 229 RA 8532. 9 of RA 9700) Reference: DAR Adm. the DAR Adjudicationn Board and the RTC acting as a Special Agrarian Court.
54 of CARL. 2000) LAND BANK OF THE PHILIPPINES. RAYMUNDA MARTINEZ. CELADA G. [G.R. al. HEIRS OF ELEUTERIO CRUZ G. 2008 LAND BANK OF THE PHILIPPINES vs. (GR No. respondent. Veterans Bank vs. 169008. The role of the Special Agrarian Courts in land valuation and penal provisions Phil. 73. in relation to Rule 65 of the Rules of Court Session Eleven . 18. 132767. January 23. 36-39 RA 6657 as amended Prohibited Acts in the CARP Law – Sec.R. 2007. No. 2006 Land Bank vs. No. September 29. August 14.QUIZ QUIZ ON THE JURISDICTION OF THE DAR AND THE DARAB AND THE RTC ON AGRARIAN DISPUTES AND MATTERS Session Twelve – Support Services Support Services for the Farmers and Landowners – Secs. 128557.] LAND BANK OF THE PHILIPPINES VS. RA 6657 as amended Session Thirteen till the End of the Term Presentations of the Case Briefs and Draft Decisions in Class (Interactive Sessions/ groupings and order of presentation to be determined) GOOD LUCK AND MAY THE FORCE BE WITH YOU…… . Dec. CA and Jose Pascual (GR No. 164876. vs. petitioner. Jan. 175175.8 Sec 57. No. 1999) Modes of Appeal/Review from the DARAB Rule 43 of the Rules of Court Sec. CA et.R. 29. LEONILA P.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue listening from where you left off, or restart the preview.