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AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L.

MORA
Atty. Mercano SSCRM College of Law
Notes and Reviewer for Midterm Exam 1st Sem, SY 2015-2016

I. BASIC PRINCIPLES OF AGRARIAN and other terms and conditions of transfer of
REFORM ownership from landowners to farmworkers,
tenants and other agrarian reform beneficiaries,
whether the disputants stand in the proximate
A. DEFINITION OF ESSENTIAL TERMS relation of farm operator and beneficiary,
landowner and tenant, or lessor and lessee.
 Agrarian Reform – redistribution of lands,
regardless of crops or fruits produced to farmers  Farmer – refers to a natural person whose
and regular farmworkers who are landless, primary livelihood is cultivation of land or the
irrespective of tenurial arrangement, to include production of agricultural crops, either by
the totality of factors and support services himself, or primarily with the assistance of his
designed to lift the economic status of the immediate farm household, whether the land is
beneficiaries and all other arrangements owned by him, or by another person under a
alternative to the physical redistribution of leasehold or share tenancy agreement or
lands, such as production or profit-sharing, labor arrangement with the owner thereof
administration, and the distribution of shares of
 Farmworker – natural person who renders
stocks, which will allow beneficiaries to receive a
service for value as an employee or laborer in an
just share of the fruits of the lands they work
agricultural enterprise or farm regardless of
 Agriculture, Agricultural Enterprise or whether his compensation is paid on a daily,
Agricultural Activity – cultivation of the soil, weekly, monthly or "pakyaw" basis. The term
planting of crops, growing of fruit trees, raising includes an individual whose work has ceased as
of livestock, poultry or fish, including the a consequence of, or in connection with, a
harvesting of such farm products, and other farm pending agrarian dispute and who has not
activities and practices performed by a farmer in obtained a substantially equivalent and regular
conjunction with such farming operations done farm employment
by person whether natural or juridical
 Regular Farmworker – natural person who is
 Agricultural Land – land devoted to agricultural employed on a permanent basis by an
activity as defined in this Act and not classified as agricultural enterprise or farm
mineral, forest, residential, commercial or
 Seasonal Farmworker – natural person who is
industrial land
employed on a recurrent, periodic or
 Agrarian Dispute – refers to any controversy intermittent basis by an agricultural enterprise
relating to tenurial arrangements, whether or farm, whether as a permanent or a non-
leasehold, tenancy, stewardship or otherwise, permanent laborer, such as "dumaan", "sacada",
over lands devoted to agriculture, including and the like
disputes concerning farmworkers' associations
 Other Farmworker – farmworker who does not
or representation of persons in negotiating,
fall under paragraphs
fixing, maintaining, changing, or seeking to
arrange terms or conditions of such tenurial
Is Agrarian Reform confined to distribution of lands to
arrangements
landless?
It includes any controversy relating to No. There are other alternative modes mentioned in
compensation of lands acquired under this Act the CARL.

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AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. MORA
Atty. Mercano SSCRM College of Law
Notes and Reviewer for Midterm Exam 1st Sem, SY 2015-2016

the Congress may prescribe, taking into account
What are the alternative modes of Agrarian Reform ecological, developmental, or equity
mentioned in the CARL aside from land distribution? considerations, and subject to the payment of
(LPS) just compensation. In determining retention
a) Labor Administration limits, the State shall respect the right of small
b) Profit sharing landowners. The State shall further provide
c) Stock distribution incentives for voluntary land-sharing.

Who are the qualified beneficiaries of the CARL? Section 5. The State shall recognize the right of
a) Landless farmers farmers, farmworkers, and landowners, as well
b) Landless farmworkers as cooperatives, and other independent
farmers' organizations to participate in the
Does CARL applicable to all lands in the Philippines? planning, organization, and management of the
No. The CARL applies only to Agricultural lands. It does program, and shall provide support to
not apply to lands classified as residential, commercial, agriculture through appropriate technology and
research, and adequate financial, production,
industrial, mineral or forest land.
marketing, and other support services.
What are those disputes classified as Agrarian
Section 6. The State shall apply the principles of
Dispute under the CARL? (TACT) agrarian reform or stewardship, whenever
a) Controversy relating to Tenurial arrangements applicable in accordance with law, in the
b) Disputes concerning farmworkers’ disposition or utilization of other natural
Associations or representation of persons resources, including lands of the public domain
c) Controversy relating to Compensation of under lease or concession suitable to
agricultural lands agriculture, subject to prior rights, homestead
d) Conditions of Transfer of ownership under the rights of small settlers, and the rights of
agrarian law indigenous communities to their ancestral
lands. The State may resettle landless farmers
B. CONSTITUTIONAL BASIS and farmworkers in its own agricultural estates
which shall be distributed to them in the
Article XII, Section 4-6, 1987 constitution manner provided by law.
Section 4. The State shall, by law, undertake
an agrarian reform program founded on the
Section 2, CARL, as amended under RA no. 9700
right of farmers and regular farmworkers who
are landless, to own directly or collectively the
lands they till or, in the case of other "SEC. 2. Declaration of Principles and Policies.
farmworkers, to receive a just share of the — It is the policy of the State to pursue a
Comprehensive Agrarian Reform Program
fruits thereof. To this end, the State shall
(CARP). The welfare of the landless farmers and
encourage and undertake the just distribution
farmworkers will receive the highest
of all agricultural lands, subject to such
consideration to promote social justice and to
priorities and reasonable retention limits as
move the nation toward sound rural
development and industrialization, and the
establishment of owner cultivatorship of

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AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. MORA
Atty. Mercano SSCRM College of Law
Notes and Reviewer for Midterm Exam 1st Sem, SY 2015-2016

of economic-size farms as the basis of case of other farmworkers, to receive a just
Philippine agriculture. "The State shall share of the fruits thereof. To this end, the
promote industrialization and full State shall encourage and undertake the just
employment based on sound agricultural distribution of all agricultural lands, subject to
development and agrarian reform, through the priorities and retention limits set forth in
industries that make full and efficient use of this Act, taking into account ecological,
human and natural resources, and which are developmental, and equity considerations,
competitive in both domestic and foreign and subject to the payment of just
markets: Provided, That the conversion of compensation. The State shall respect the
agricultural lands into industrial, commercial right of small landowners, and shall provide
or residential lands shall take into account, incentive for voluntary land-sharing. "As
tillers' rights and national food security. much as practicable, the implementation of
Further, the State shall protect Filipino the program shall be community-based to
enterprises against unfair foreign competition assure, among others, that the farmers shall
and trade practices. have greater control of farmgate prices, and
easier access to credit.
"The State recognizes that there is not enough
agricultural land to be divided and distributed "The State shall recognize the right of farmers,
to each farmer and regular farmworker so farmworkers and landowners, as well as
that each one can own his/her economic-size cooperatives and other independent farmers'
family farm. This being the case, a meaningful organizations, to participate in the planning,
agrarian reform program to uplift the lives organization, and management of the
and economic status of the farmer and his/her program, and shall provide support to
children can only be achieved through agriculture through appropriate technology
simultaneous industrialization aimed at and research, and adequate financial,
developing a self-reliant and independent production, marketing and other support
national economy effectively controlled by services. "The State shall recognize and
Filipinos. "To this end, the State may, in the enforce, consistent with existing laws, the
interest of national welfare or defense, rights of rural women to own and control
establish and operate vital industries. "A more land, taking into consideration the
equitable distribution and ownership of land, substantive equality between men and
with due regard to the rights of landowners to women as qualified beneficiaries, to receive a
just compensation, retention rights under just share of the fruits thereof, and to be
Section 6 of Republic Act No. 6657, as represented in advisory or appropriate
amended, and to the ecological needs of the decision-making bodies. These rights shall be
nation, shall be undertaken to provide independent of their male relatives and of
farmers and farmworkers with the their civil status. "The State shall apply the
opportunity to enhance their dignity and principles of agrarian reform, or stewardship,
improve the quality of their lives through whenever applicable, in accordance with law,
greater productivity of agricultural lands. "The in the disposition or utilization of other
agrarian reform program is founded on the natural resources, including lands of the
right of farmers and regular farmworkers, public domain, under lease or concession,
who are landless, to own directly or, in the suitable to agriculture, subject to prior rights,

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especially of farmworkers) local communities. marine and fishing resources. "The State shall as well as cooperatives." to them in the manner provided by law. employment and privatization of public sector enterprises. "The State may resettle traditional and pioneering crops especially landless farmers and farmworkers in its own those for exports subject to the prior rights of agricultural estates. 175 SCRA marketplace. and incentives to landowners to invest the adequate financial. It shall provide support to mentioned in the constitution? such fishermen through appropriate a) Priorities and reasonable retention limits to be technology and research. Owners of agricultural Right to participate in the planning. and ancestral lands. farmworkers. and other independent be guided by the principles that land has a farmers' organizations shall be recognized in the social function and land ownership has a agrarian reform as provided by the constitution? social responsibility. CONSTITUTIONALITY OF THE CARL lands shall contain features that shall enhance negotiability and acceptability in the Association of Small Landowners v. and landowners. organization. and other proceeds of the agrarian reform program to support service. The State shall also protect. promote industrialization. "The State shall protect the they work (for farmers and all kinds of rights of subsistence fishermen. develop and conserve such resources. marketing. Fishworkers shall receive a just share from their labor in the utilization of What right of farmers. adequate financial. the farmworkers? State shall encourage the formation and a) to own directly or collectively the lands they till maintenance of economic-size family farms to (for famers and regular farmworkers only) be constituted by individual beneficiaries and b) to receive a just share of the fruits of the lands small landowners. "The State shall provide Through appropriate technology and research. both What are the limitations of taking in the land inland and offshore. 343 "The State may lease undeveloped lands of What are the inherent powers of the state? a) Police Power Page 4 of 31 . DAR. Financial instruments used as payment for C. production. MORA Atty. and land have the obligation to cultivate directly management of the program or through labor administration the lands they own and thereby make the land How can the state provide support to the agriculture? productive. What are the rights of landless farmers and "By means of appropriate incentives. to the preferential use of communal marine and fishing resources. SY 2015-2016 homestead rights of small settlers and the the public domain to qualified entities for the rights of indigenous communities to their development of capital-intensive farms. which shall be distributed the beneficiaries under this Act. prescribed by the Congress production and marketing assistance and b) Payment of just compensation other services.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. The Who are the persons whose rights shall be respected protection shall extend to offshore fishing by the state in the determination of retention limits? grounds of subsistence fishermen against Small landowners foreign intrusion.

SY 2015-2016 b) Power of Eminent Domain such owners of whatever lands they may own in excess c) Power of Taxation of the maximum area allowed. are the modes of compensation provided under the the property is wholesome and intended for a CARL? public use. The measures under challenge merely prescribe 65% gov’t financial instruments retention limits for landowners. the latter is being used as an implement of the merely preliminary. Inherent power of the state that enables it to forcibly acquire private lands intended for public use upon Since the power to determine just compensation is payment of just compensation vested in courts. then judicial intervention is not needed. there is definitely taking under the power of eminent domain for which payment Power of Eminent Domain of just compensation is imperative.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. then it can go to court and the Distinctions between the police power and the power determination of the latter shall be the final of eminent domain determination. the just mingling of the police power and the power of eminent compensation determined by an administrative body is domain. LBP preferred shares. what purpose while in the power of eminent domain. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. in accordance with the constitution. with the finding of just compensation by an administrative body. In the is contemplated by law however is that. Both. was the just compensation determined under the CARL a violation of the What are the requirements for the proper exercise of constitution? the power of eminent domain? No. just compensation can be a) Lawful means that amount agreed upon by the landowner and the b) Lawful subject government – even without judicial intervention so long as both parties agree. What Yes by mingling the two inherent powers. 70% gov’t financial instruments negotiable at What inherent power did the state exercised in the any time CARL? Power of eminent domain or police power?  Lands 24 hectares & below – 35% cash. The DAR can determine just Can the state exercise two inherent powers at the compensation through appraisers and if the landowner same time? agrees. unlike the 75% gov’t financial instruments taking of property under the power of eminent negotiable at any time domain. This is even so provided by RA 6657 a) The property condemned under the police power is noxious or intended for noxious In the implementation of the agrarian reform. MORA Atty. it becomes necessary to deprive in accordance with guidelines set by the PARC Page 5 of 31 . But where. hectares – 30% cash. to carry physical assets or other qualified investments out such regulation. If the landowner does not agree former. a) Cash payment b) The confiscation of property in the exercise of  Lands above 50 hectares – 25% cash. In fact. police power is not compensable. b) Just compensation However. there is an exercise of negotiable at any time the police power for the regulation of private property b) Shares of stock in GOCC. which requires the payment of just  Lands above 24 hectares & up to 50 compensation to the owner. there is no law which prohibits administrative bodies like the DAR from determining What are the elements of Police Power? just compensation. It is true that the determination of just a) Public use compensation is a power lodged in the courts.

For this reason. the framers of the CARL only chose the more practical method.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. It includes all agricultural lands nationwide and it will involve not mere millions of pesos. However agrarian reform is not a traditional exercise of the power of eminent domain. SY 2015-2016 c) Tax credits which can be used against any tax liability d) LBP bonds Were the modes of compensation provided under the CARL unconstitutional? No. Page 6 of 31 . The cost will be tremendous and it may bankrupt the government. MORA Atty. It cannot be denied that the traditional medium for the payment of just compensation is money and no other. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. It is not an ordinary expropriation where only a specific property of relatively limited area is sought to be taken by the State from its owner for a specific and perhaps local purpose but a revolutionary kind of expropriation.

regardless of b) All lands of the public domain in excess of the tenurial arrangement and commodity specific limits as determined by Congress produced. and "(d) All private lands devoted to educational purposes or suitable for agriculture regardless of the  seeds and seedling research and pilot agricultural products raised or that can be raised production center thereon. 9700 What are the lands covered by the CARP a) All alienable and disposable lands of the public SEC. watersheds mineral lands to agricultural lands shall be and mangroves undertaken after the approval of this Act until c) Lands actually. in accordance with the Local cemeteries Government Code. fish agriculture. No reclassification of forest or sanctuaries and breeding grounds. — The Comprehensive Agrarian domain devoted to or suitable for agriculture. Scope. the following lands are covered by community the CARP: "(a) All alienable and disposable lands b) Lands actually. forest reserves. SY 2015-2016 II. directly and exclusively used for Congress.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. poultry and swine [Luz Farms v. 229. CARL. "A comprehensive inventory system in  church sites and convents consonance with the national land use plan shall  mosque sites and Islamic centers be instituted by the Department of Agrarian  communal burial grounds and Reform (DAR). That landholdings of landowners with products raised or that can be raised thereon a total area of five (5) hectares and below shall not be covered for acquisition and distribution What are the lands not covered by the CARP to qualified beneficiaries. AS TO COVERED LANDS Section 4. directly and exclusively used an domain in excess of the specific limits as found to be necessary for determined by Congress in the preceding  national defense paragraph. including other lands d) All private lands devoted to or suitable for of the public domain suitable for agriculture: agriculture regardless of the agricultural Provided. shall have determined by law. MORA Atty. without quarantine centers prejudice to the implementation of the land f) landholdings of landowners with a total area of acquisition and distribution. "(b) All lands of the public e) Lands actually. CA] Page 7 of 31 . of DAR] h) lands obtained through homestead patent [Alita v. directly and exclusively used for of the public domain devoted to or suitable for parks. as amended by RA No. SCOPE OF THE CARL A. prawn farms and fishponds developmental and equity considerations. Reform Law of 1988 shall cover. 131 and devoted to or suitable for agriculture Executive Order No. IHAcCS "More a) Ancestral lands of each indigenous cultural specifically. "(c) All other lands owned by the  school sites and campuses Government devoted to or suitable for  experimental farm stations operated for agriculture. reforestation. taking into account ecological. the specific limits of d) Lands with at least 18% slope the public domain. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. Sec. 4." five (5) hectares and below g) lands devoted to the raising of livestock. all public and private agricultural c) All other lands owned by the Government lands as provided in Proclamation No. for the purpose of properly  penal colonies and penal farms identifying and classifying farmlands within one  gov’t and private research and (1) year from effectivity of this Act. wildlife.

Dole Phil. industrial concession suitable to agriculture.” poultry industry in the coverage of the constitutionally-mandated agrarian reform program B.] whenever applicable in accordance with law. commercial.” Page 8 of 31 . Employees v. That parcels of land are covered by homestead patents will not automatically 1. Employees v. AS TO CONTROVERSY of the Government. of DAR exempt them from the operation of land reform.” What are the matters that fall under the jurisdiction 2. Sec. clearly not cultivating them. Alfeche personally cultivated by original “As an exception to the rule laid down in the case of homestead grantees or their direct Alita vs.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. Section 6 of RA 6657 agricultural lands acquired through CARP provides that original homestead grantees or their [Islanders CARP-Farmers v. thus she is 1986 on the meaning of the word “agricultural”. Therefore. she has no right framers of the Constitution to include livestock and to retain any portion of her landholdings. Laguna West] promulgated Comprehensive Agrarian Reform Law of e) Disputes relating to the rights and obligations 1998 or RA 6657 likewise contains a proviso of two juridical persons engaged in the supporting the inapplicability of PD 27 to lands management. in the c) Approval and disapproval of the conversion. restructuring or readjustment of agricultural including lands of public domain under lease or lands into residential. homestead grantees or their direct compulsory heirs [Paris v. Dole Phil. original grantees or their direct compulsory heir that poultry and swine raising in the definition of shall exempt their lands from land reform coverage. Additionally. and the Employees v. [Stanfilco rights. CA. It is “Section 2 of RA 6657 which includes private the fact of continued personally cultivation by the agricultural lands devoted to commercial livestock. it is worthy of note that the newly [Cubero v. subject to prior and other non-agricultural uses. SY 2015-2016 EXCEPTION: lands obtained through homestead patent that are not being 3. Lapanday] direct compulsory heirs who still own the original homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead. Luz Farms v. Alita vs. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. the petitioner herself admitted that deliberations of the Constitutional Commission of the subject parcels are fully tenanted. Dole Phil. Transcripts of the In the case at bar. commercial farms is invalid. Paris v. cultivation and use of covered by homestead patents. MORA Atty. nor will she personally clearly show that it was never the intention of the cultivate any part thereof. disposition or utilization of other natural resources.] In point is Section 6 of Article XIII of the 1987 b) Resolution of agrarian disputes and disputes Constitution which provides that the state shall apply arising from tenurial arrangements [Stanfilco the principles of Agrarian Reform or stewardship.] rights of indigenous communities to their ancestral d) Disputes arising from joint venture agreements lands. CA of the DAR/DARAB? “The Philippine constitution respects the superiority a) Adjudication of all matters involving of the homesteaders’ right over the rights of the implementation of agrarian reform [Stanfilco tenants guaranteed by the Agrarian Reform statute. homestead rights of small settlers. Alfeche] compulsory heir can own and retain the original homesteads only for as long as they continue to CASES: personally cultivate them.

Dole Philippines Sangunay] The controversy involved in this case does not fall under the jurisdiction of DARAB. No  The harvest is shared between the landowner law has conferred the DARAB of the jurisdiction to and the tenant or the agricultural lessee try criminal cases even if it involves agricultural land Page 9 of 31 . Stanfilco Employees v. Germino] material allegations of the complaint or information  Parties are the landowner and the tenant or and the law at the time the action was commenced. Vanzuela agrarian law The crime of stafa committed by a tenant or lessee does not fall under the jurisdiction of DARAB. SY 2015-2016 What are the matters not falling under the jurisdiction of the DAR/DARAB? What are the important requisites in order that a a) Cases involving breaches of contract and the court may acquire criminal jurisdiction? [People v.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. Under RA 6657. agricultural lands 4) Conditions of Transfer of ownership under the 2. The parties in this case have What are those disputes classified as Agrarian no tenurial. Clearly  There is personal cultivation on the part of the the law is deafeningly silent on the conferment of tenant or agricultural lessee any criminal jurisdiction in favor of the DARAB. Under RA 6657 and What is the basis in the determination of whether a its implementing rules. leasehold. What are the indispensable elements for tenancy Jurisdiction of a tribunal over the subject matter of relationship to exist? [Stanfilco Employees v. 1. Dole Phil. agricultural land and jurisdiction over matters involving the  There is consent between the parties to the implementation of agrarian reform. the DAR retains about agricultural production jurisdiction over all agrarian reform matters. except those relationship falling under the exclusive original jurisdiction of the  The purpose of the relationship is to bring DA and DENR.] b) Jurisdiction over territory where the offense b) Criminal cases even if it involves agricultural was committed land and the relation over this land [People v. The resolution of this case Associations or representation of persons would involve the application of civil law on breaches 3) Controversy relating to Compensation of of contract rather than agrarian reform principles. agricultural lessee EO 229 vested the DAR with quasi-judicial powers to  Subject matter of the relationship is an determine and adjudicate agrarian reform matters. an action is conferred by law. MORA Atty. agricultural lands and the matter falls under the jurisdiction of DARAB? relationship over this land serves as the basis in the Agricultural land and the relationship over this land determination of whether a matter falls under the jurisdiction of DARAB. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. People v. or any Vanzuela] other agrarian relationship [Stanfilco a) Jurisdiction over subject matter Employees v. or any other agrarian Dispute under the CARL? (TACT) relationship that could bring their controversy within 1) Controversy relating to Tenurial arrangements the ambit of agrarian reform laws and within the 2) Disputes concerning farmworkers’ jurisdiction of the DARAB. leasehold. c) Jurisdiction over the person of the accused Vanzuela] c) Cases involving action for recovery of CASES: possession and juridical tie of landownership and tenancy are not present [DEARBC v. It is determined by the & Mendoza v. Dole Phil. parties have no tenurial.

It cannot juridical tie of landownership and tenancy was be conferred by the voluntary act or agreement of alleged between the parties which would so the parties or acquired through a waived. Moreover Revised Rules of the DARAB cases involving forcible entry. enlarged categorize the controversy as an agrarian dispute. 17 of EO 229 vest the Comprehensive Agrarian Reform Program. subject lands they allegedly entered and occupied illegally. Citing the tenancy does not divest the MTC of jurisdiction. tenancy. Mendoza vs. stewardship or the allegations in the complaint. this did not automatically determine and adjudicate all agrarian disputes divest the MTC of jurisdiction to dispose of the involving the implementation of the CARP and its ejectment suit on its merits because allegation of implementing rules and regulation. Only the DARAB can adjudicate all agrarian DARAB has jurisdiction to determine and adjudicate disputes. over the nature and subject matter of a obligations of two juridical persons engaged in the petition or complaint is entitled to any or all such management. Sec. 50 of RA 6657 provides that DARAB is lands acquired through CARP fall within the ambit of vested with the primary jurisdiction to determine the phrase “any controversy relating to tenurial and adjudicate agrarian reform matters and shall arrangements”. Included in the definition of agrarian disputes All that DEARBC prayed for was the ejectment of the are those arising from tenurial arrangements beyond Page 10 of 31 . And under BP 129. both 5. MORA Atty. nor conferred is clearly an action for recovery of possession and not by the acquiescence of the court. Sangunay and Labunos include disputes arising from any tenurial Controversy in this case does not fall under the arrangements beyond that in the traditional jurisdiction of DARAB. Sec. controversies and matters or all agrarian disputes involving implementation of the incidents involving the implementation of the CARP. Therefore MTC has the jurisdiction since DAR pertaining to the adjudication of agrarian the law exclusively conferred it the authority to try reform cases. 3 of RA 6657. the MTC shall have exclusive original of agrarian reform. both original and appellate to defense in his answer. Lapanday original and appellate. Germino the parties. other agrarian laws and their implementing rules and both original and appellate. DARAB was jurisdiction over cases of forcible entry and unlawful created to assume the powers and functions of the detainer. It or diminished by their act or omission. The absence of tenurial arrangements Jurisdiction over the subject matter is determined by whether leasehold. to determine and regulations. as well as Section 34 of EO 129-A. have the exclusive jurisdiction over all matters involving the implementation of the Agrarian Reform 6. It is determined otherwise cannot be overlooked. of RA 6657. Laguna West Program. cases. SY 2015-2016 and the relation over this land. including a quasi-judicial office or government Therefore disputes relating to the rights and agency. Jurisdiction of tribunal. Clearly no agrarian dispute exist between 3. as amended by RA adjudicate all matters involving the implementation 7691. it is clear that the definition is broad enough to 4. and in the DAR the primary and exclusive jurisdiction. Islanders CARP-Farmers v. no exclusively by the constitution and the law. Cubero v.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. Under Section 50 an agrarian dispute. the DARAB has primary and exclusive jurisdiction. to determine and adjudicate Controversy in this case falls under the jurisdiction of all agrarian disputes involving the implementation of DARAB. Therefore the DARAB respondents from the respective portions of the has no authority to try criminal cases at all. cultivation and use of agricultural reliefs. 50 of RA 6657 and sec. CARL. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. landowner-tenant or lessor-lessee relationship. DEARBC v. although provides that the DARAB shall have the primary and respondent averred tenancy as an affirmative exclusive jurisdiction. In this case. Furthermore. Through EO 129-A. definition of Agrarian dispute under Sec.

MORA Atty. the DARAB has jurisdiction over disputes arising from the instant Joint Production Agreement entered into by the parties in this case.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. SY 2015-2016 the traditional landowner-tenant or lessor-lessee relationship such as disputes arising from joint venture agreements. Thus. Page 11 of 31 . Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem.

as amended by RA No. Lands shall be acquired and distributed as mineral lands to agricultural lands shall be follows: undertaken after the approval of this Act until Congress. "A comprehensive inventory system in offered by the owners for agrarian reform: consonance with the national land use plan shall Provided. agriculture. That all prejudice to the implementation of the land previously acquired lands wherein valuation is acquisition and distribution. SY 2015-2016 III. That after Government Code. and "(d) All private lands devoted to December 10. the modes of acquisition shall be identifying and classifying farmlands within one limited to voluntary offer to sell and compulsory (1) year from effectivity of this Act. — The Section 4. Page 12 of 31 . as amended: Provided. in coordination not be covered for acquisition and distribution with the Presidential Agrarian Reform Council to qualified beneficiaries. "(b) All lands of the public agrarian reform upon the effectivity of this Act. 4. 6657. 131 and Executive Order No. ACQUISITION OF LANDS UNDER THE Section 5. Priorities. MORA Atty. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. furthermore. IHAcCS "More (PARC) shall plan and program the final specifically. all public and private agricultural CARL. Schedule of Implementation. as mandated by the lic Act No. without acquisition: Provided. CARL CARL Section 5. in accordance with the Local shall be allowed Provided. including other lands of the public domain suitable for agriculture: Section 7. all idle or agricultural products raised or that can be raised abandoned lands. only those submitted by June 30. — The Comprehensive Agrarian thereof. 9700 distribution of all lands covered by this Act shall be implemented immediately and completed within ten (10) years from the effectivity SEC. That with respect to voluntary land be instituted by the Department of Agrarian transfer." subject to challenge by landowners shall be completed and finally resolved pursuant to Section 17 of Republic Act No. shall period hereafter all remaining lands above fifty have determined by law. finally. 7 of RA 9700 extended the implementation of the produced. further. Reform Law of 1988 shall cover. Phase One: During the five (5)-year extension developmental and equity considerations. the following lands are covered by acquisition and distribution of all remaining the CARP: "(a) All alienable and disposable lands unacquired and undistributed agricultural lands of the public domain devoted to or suitable for from the effectivity of this Act until June 30. particularly the acquisition and distribution of agricultural lands to June 30. 2009 Reform (DAR). regardless of tenurial arrangement and commodity *NOTE: Sec. the specific limits of (50) hectares shall be covered for purposes of the public domain. 7. 27. Scope.The DAR. all private lands voluntarily thereon. CARL. 229. as amended Provided.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. No reclassification of forest or 2014. CARL. "(c) All other lands owned by the hectares which have already been subjected to Government devoted to or suitable for a notice of coverage issued on or before agriculture. . rice and corn lands under or suitable for agriculture regardless of the Presidential Decree No. 2009. 2008. domain in excess of the specific limits as All private agricultural lands of landowners with determined by Congress in the preceding aggregate landholdings in excess of fifty (50) paragraph. 2014 lands as provided in Proclamation No. for the purpose of properly June 30. That landholdings of landowners with a total area of five (5) hectares and below shall SEC. taking into account ecological.

which shall be provided in the public agricultural lands which are to be opened implementing rules to be prepared by the PARC. as as to whether these have been subjected to certified under oath by the Barangay Agrarian notices of coverage or not. as amended. The intended beneficiary shall state under oath before the judge of the city or Phase Three: All other private agricultural lands municipal court that he/she is willing to work on commencing with large landholdings and the land to make it productive and to assume proceeding to medium and small landholdings the obligation of paying the amortization for the under the following schedule: compensation of the land and the land taxes thereon. landholdings from the retention limit up to ten (10) hectares. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. all lands foreclosed by government "(a) Lands of landowners with aggregate financial institutions. with the implementation to be "(b) Lands of landowners with aggregate completed by June 30. information campaigns. 2008. 2013. SY 2015-2016 Republic Act No. which That the PARC shall design and conduct shall be distributed immediately upon the seminars. to own directly effectivity of this Act. 2012.2012 and to be completed by agriculture. and distributed immediately upon the effectivity of this Act. for new development and resettlement: and all taking into consideration the following: the private agricultural lands of landowners with landholdings wherein the farmers are organized aggregate landholdings above twenty-four (24) and understand . The schedule of acquisition and redistribution of pasture and agricultural leases already all agricultural lands covered by this program cultivated and planted to crops in accordance shall be made in accordance with the above with Section 6. to enhancement of agricultural productivity. 2013. with the Reform Council (BARC) and attested under oath implementation to begin on July 1. to begin on July 1. which shall be acquired and June 30. all order o f priority. to implement up to fifty (50) hectares shall likewise be covered principally the right of farmers and regular for purposes of agrarian reform upon the farmworkers who are landless.as amended. and implement principally the rights of farmers and the availability of funds and resources to regular farmworkers. 2013 and to be Phase Two: (a) Lands twenty-four (24) hectares completed by June 30.the meaning and obligations of hectares up to fifty (50) hectares which have farmland ownership. symposia. 2012. and not organized or not covered by any landholding Page 13 of 31 . beneficiaries. 6657. are the qualified be completed by June 30. government devoted to or suitable for to begin on July 1.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. 3844. Article XIII of the Constitution. and all other lands owned by the hectarage above ten (10) hectares is concerned. MORA Atty. All alienable and or collectively the lands they till. regardless farmworkers actually tilling the lands. the distribution of lands to already been subjected to a notice of coverage the tillers at the earliest practicable time. 2014. 2012 and to by the landowners. insofar as the excess (PCGG). to own implement and support the program: Provided. and "(b) All remaining private agricultural lands of Republic Act No. effectivity of this Act. all lands acquired by the landholdings above ten (10) hectares up to Presidential Commission on Good Government twenty. with the implementation and other similar programs for farmers who are to be completed by June 30. directly or collectively the lands they till. the issued on or before December 1O. disposable public agricultural lands.four (24)hectares. all arable public agricultural lands under agro-forest. who are landless. only landowners with aggregate landholdings in farmers (tenants or lessees) and regular excess of twenty-four (24) hectares.

 PHASE 3 –private agricultural lands upon recommendation by the Provincial Agrarian Reform Coordinating Committee (PARCCOM). Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. — For purposes of acquisition of phases may be implemented ahead of the above private lands. furthermore. In any case. CARL priority land reform areas. as amended: Provided. the following procedures shall be schedules on the condition that prior phases in followed: these provinces have been completed: Provided. his owner-tiller may be a beneficiary of the land administrator or representative shall inform the he/she does not own but is actually cultivating DAR of his acceptance or rejection of the offer. MORA Atty. and other pertinent provisions hereof. land within thirty (30) days after he executes 6657. economic. symposia.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. religious. the schedules. 2009 under Phase One. Procedure for Acquisition of agricultural lands therein under advanced Private Lands. Page 14 of 31 . SY 2015-2016 Completion by these farmers of the That in no case should the agrarian reform aforementioned seminars. the landowner.. the Land Bank of the Philippines (LBP) shall collective ownership by the farmer beneficiaries pay the landowner the purchase price of the shall be subject to Section 25 of Republic Act No. That and delivers a deed of transfer in favor of the rural women shall be given the opportunity to government and surrenders the Certificate of participate in the development planning and Title and other muniments of title. phase three (b) shall not be landowners and the beneficiaries. Phase Two (a). That an registered mail. and other beneficiaries' sex. balance of that particular province as of January and post the same in a conspicuous place in the 1. including the determination of who are receipt of written notice by personal delivery or qualified beneficiaries: Provided.and Phase Three (a). in which case the acquisition and distribution of private SECTION 16. valuation set forth in Sections 17. similar programs shall be encouraged in the cultural and political attributes adversely affect implementation of this Act particularly the the distribution of lands. That notwithstanding the above (a) After having identified the land. The PARC shall establish guidelines to implement the above priorities and distribution (b) Within thirty (30) days from the date of scheme. the DAR shall implemented in a particular province until at send its notice to acquire the land to the owners least ninety percent (90%) of the provincial thereof. That DAR. Said notice under the jurisdiction of the Department of shall contain the offer of the DAR to pay a Environment and Natural Resources (DENR). the PARC or the PARC Executive Committee (PARC EXCOM). to the extent of the difference between the area of the land he/she owns and the award ceiling (c) If the landowner accepts the offer of the of three (3) hectares: Provided. social. 18. may declare certain provinces as Section 16. further. corresponding value in accordance with the have been successfully completed. Order of Priorities of Coverage "Land acquisition and distribution shall be  PHASE 1 – public lands completed by June 30. excluding lands place where the property is located. provisions of this Section. finally. 2014 on a province-by-  PHASE 2 – public lands province basis. Phase municipal building and barangay hall of the Two (b). by personal delivery or registered mail. implementation of this Act: Provided.

thru: whimsical and tainted with grave abuse of discretion a) Personal notice or by registered mail b) Posting of notice in a conspicuous When does the title or ownership of the land transfer place in the brgy hall & municipal hall to the state? where the land is located Only upon full payment of the just compensation. the summary administrative After the expiration of the above period. the DAR shall b) if the landowner does not respond to take immediate possession of the land and shall request the proper Register of Deeds to issue a the Notice of Acquisition Transfer Certificate of Title (TCT) in the name of 5) Request by the DAR to Register of Deeds to the Republic of the Philippines. the a) Landowner accepts – Landbank will DAR shall conduct summary administrative pay the landowner within 30 days from proceedings to determine the compensation for execution & delivery of Deed of the land requiring the landowner. capricious. within determine the just compensation thru fifteen (15) days from the receipt of the notice. CARL] What are the procedures in compulsory land When no notice of coverage has been issued or if acquisition notice of coverage has been issued but did not 1) Identification by the DAR of the land. a) Notice of coverage [DAR AO no. what would be the effect? 2) Notice by the DAR to the landowner about the It should be treated as violation of constitutional due compulsory acquisition and the price offer process and should be deemed arbitrary. The c) Landowner disagrees with the DAR DAR shall decide the case within thirty (30) days decision – landowner may bring the after it is submitted for decision. the title and ownership remains with the landowners even if the DAR has deposited the offered Page 15 of 31 . in case of rejection 4) Taking of immediate possession of the land by or no response from the landowner. 16. MORA Atty. the land to the qualified beneficiaries. matter to the regular courts of justice for final determination of just (e) Upon receipt by the landowner of the compensation corresponding payment or. 6) Distribution of lands to then qualified beneficiaries (f) Any party who disagrees with the decision may bring the matter to the court of proper What are the 2 notices required for the validity of jurisdiction for final determination of just implementation? compensation. 12] b) Notice of acquisition [Sec. SY 2015-2016 (d) In case of rejection or failure to reply. the LBP and Transfer other interested parties to submit evidence as b) Landowner rejects – DAR will to the just compensation for the land. Until 3) Reply by the landowner about his acceptance the just compensation is finally determined and fully or rejection of the offered price paid. particularly state the portions of land that will be landowner & beneficiary included. upon the the DAR deposit with an accessible bank designated by a) If the landowner receives the the DAR of the compensation in cash or in LBP corresponding payment.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. The DAR shall issue a Transfer Certificate of Title to the thereafter proceed with the redistribution of Republic of the Phil. the proceedings matter is deemed submitted for decision. or bonds in accordance with this Act. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem.

7 of CARL. To the extent that the CARL prescribes year shall not be recognized and such land shall instead be acquired by the government and retention limits to the landowners. there is an exercise of transferred pursuant to this Act. Incentives for Voluntary Offers for *NOTE: Sec. (c) The voluntary agreement shall include sanctions for non-compliance by either party Section 19. if such offers have been made No because the law requires just compensation to be and are fully known to both parties. CA acquisition. police power for the regulation of private property in accordance with the Constitution. v. the representatives of acquisition under this Act may enter into a the BARC. CARL and shall be duly recorded and its implementation monitored by the DAR. CARL case were not valid. allowed Sales. — Coverage and letter of invitation to a preliminary Landowners of agricultural lands subject to conference sent to the landowner.. two notices are required first the Notice of ECTION 20. SECTION 19.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. The mere fact that the DAR (b) The terms and conditions of such transfer has deposited the offered price does not warrant the shall not be less favorable to the transferee than cancellation of the owner’s title. LBP. to carry Page 16 of 31 . as amended by RA 9700. who voluntarily date. farmer beneficiaries and other interested voluntary arrangement for direct transfer of parties and second. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. 2009 only. — Landowners. those of the government's standing offer to purchase from the landowner and to resell to Does opening of trust account constitute payment? the beneficiaries. Negotiations comply with the requirements of administrative due between the landowners and qualified process. The implementation of the CARL is an exercise beneficiaries covering any voluntary land of the State’s police power and the power of eminent transfer which remain unresolved after one (1) domain. Voluntary Land Transfer. if untitled c) Voluntary land transfer b) Tax declaration c) Approved survey plan CASE: *NOTE: if the landowner fails to submit the documentary requirements the land will be subjected to compulsory Roxas & Co. They are steps designed to the implementation of the CARP. and its actual conduct be submitted to the DAR within the first year of cannot be understated. paid in cash and Landbank bonds and not by trust account. SY 2015-2016 price with the Landbank. For a valid implementation of the CAR Program. After the said other financial institutions. The importance the following guidelines: of the first notice. modes of acquisition are limited to voluntary offer to sell offer their lands for sale shall be entitled to an and compulsory acquisition additional five percent (5%) cash payment. the Notice of Coverage and the letter (a) All notices for voluntary land transfer must of invitation to the conference. The acquisition Proceedings over the haciendas in this Section 20. other than banks and voluntary land transfer up to June 30. the Notice of Acquisition sent to the their lands to qualified beneficiaries subject to landowner under Section 16 of the CARL. What are the modes of land acquisition? What are the documentary requirements for a) Voluntary offer to sell voluntary offer to sell? b) Compulsory acquisition a) Title or proof of ownership. But where. Inc. MORA Atty.

The same principle shall be with the requisites of due process in the acquisition applied to associations. of the land they till. or in a management or executive committee. the administrator of Hacienda Palico but he the compensation received by the workers at was not authorized as such by the corporation. The proportion of their capital stock. consistent with this Act. the give their qualified beneficiaries the right to agricultural land of the corporate owners or purchase such proportion of the capital stock corporation shall be subject to the compulsory coverage of this Act. In bears in relation to the company's total this case. with respect to their equity or participation. the beneficiaries shall be assured failure to observe due process. as approval of this Act. if one exists. In no case shall Pimentel. under such terms corporation. That the proceedings. respondent DAR claims that it sent a letter of assets. through Jaime may be agreed upon by them. which has yet to run its regular qualified beneficiaries under this section shall course. the plan for such stock distribution approved corporations owning agricultural lands may by the PARC within the same period. other financial benefits. and c) Any shares acquired by such workers and beneficiaries shall have the SECTION 31. the land or stock transfer they may agree upon. MORA Atty. equity or Court said. SY 2015-2016 out such regulation. CARL association. these farmers have been cultivating who own shares of stocks to dividends and their lands. of the corporation or Section 31. Respondent DAR must be given the chance to be deemed to have complied with the correct its procedural lapses in the acquisition provisions of the Act: Provided. they own in excess of the maximum area allowed. there actually devoted to agricultural activities. b) Irrespective of the value of their equity in the corporation or three haciendas are nullified for respondent DAR's association. Corporations or proceedings does not give the SC the power to nullify the associations which voluntarily divest a CLOA’s already issued to the farmer beneficiaries. The SC the time the shares of stocks are distributed stressed that the failure of respondent DAR to comply be reduced. ALTERNATIVES TO LAND ACQUISITION of directors. the owners are deprived of lands of the corporation that the agricultural land. subject to confirmation envisioned above is not made or realized or by the DAR. The petition is periodic audit by certified public accountants granted in part and the acquisition proceedings over the chosen by the beneficiaries. the books of the fairness and equity to deprive these people. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. — same rights and features as all other shares. Upon certification by the DAR. CLOA's were following conditions are complied with: a) In issued to 177 farmer beneficiaries in 1993. Corporate landowners may voluntarily d) Any transfer of shares of stocks by the transfer ownership over their agricultural original beneficiaries shall be void ab initio landholdings to the Republic of the unless said transaction is in favor of a qualified Philippines pursuant to Section 20 hereof or and registered beneficiary within the same to qualified beneficiaries. of at least one (1) representative in the board IV. under such terms and conditions as invitation to petitioner corporation. If within two (2) years from the and conditions. through no corporation or association shall be subject to fault of their own. Page 17 of 31 . It goes against the basic precepts of justice. is also a taking under the power of eminent domain. to assume the power is to short-circuit the participation in favor of their workers or other administrative process. Corporate Landowners.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. In Hacienda Palico alone. Since then order to safeguard the right of beneficiaries until the present.

4 of art. 4) Does the non-impairment clause bar the court  The resolution of the constitutional issue from reviewing the validity of a partially is not the lis mota of the case implemented SDP?  Sec. It is clear 6657 explicitly vested the PARC with the power that the original 6. No because the non-impairment protection is XIII of the constitution that land can be applicable only to laws that derogate prior acts owned collectively by farmers. 11 provides 2) In the case. Said sec. much a part of it as that which is expressed.296 beneficiaries. these 6. abridging or in any manner changing the intention of the parties and 3) Did the SC uphold the revocation of the SDP? SDOA is not a law. Each original power or authority is deemed possessed under beneficiary is entitled to 18. 3 of the SDOA expressly express power to approve a SDP necessarily providing for 30-year timeframe for HLI- includes the power to revoke the approval of the to-beneficiaries stock transfers an plan. Par. SC upheld the revocation because of the 3 objectionable features of the SDP:  “Man days”. suffered a dilution of their due Plans under the CARL? With respect to share entitlement. who to approve stock distribution plans however it is were qualified at the time of the silent when it comes to revoking or recalling an approval of the SDP. in net effect. was  Watering down of the shares of stock. The original beneficiaries got less postulate that what is implied in a statute is as than the guaranteed no. for the implementation of the approved 31 of the CARL unconstitutional? SDP within 3 months from receipt by the No. who Guide Questions: theoretically had given up their rights to the land that could have been distributed 1) Who can approve and revoke Stock Distribution to them. power and authority to approve system chips to water down the shares of and nullify or revoke Stock Distribution Plans. In using “man days” as the basis for the acquisition of shares. HLI violated the rule on stock distribution Page 18 of 31 . the conferment of the SDP. SC did not declare Sec. revocation. PARC corporation. SY 2015-2016 CASE: and effectively deprived the beneficiaries of equal shares of stock in the Hacienda Luisita v.296 qualified beneficiaries.296 beneficiaries.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. did the supreme court declare Sec.804. suffered from approved SDP. the basis of this authority? HLI has chosen to use the shares The Presidential Agrarian Reform Council (PARC) earmarked for farmworkers as reward has jurisdiction. 11 of DAO10 prescribes. arrangement contrary to what Sec.  Constitutional question was not raised at the earliest possible opportunity. for. or contracts by enlarging. a basic shares. what according to the court. 31 simply implements sec. 31 unconstitutional corporate landowner of the approval of because of the following reasons: the plan by PARC. RA the original 6.32 HLI the doctrine of necessary implication. such watering down of shares.  Time frame of the implementation of Applying the said doctrine. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. of share. MORA Atty. According to the court. Yes.

6657. resettlement sites. he loses his right as a Section 6. public continue to cultivate said homestead. those executed prior to this Act shall be valid only when registered with the Register of Deeds Three (3) hectares may be awarded to each child within a period of three (3) months after the of the landowner. such as commodity produced. but in no by the original landowner in violation of the Act case shall retention by the landowner exceed shall be null and void: Provided. That when features. contract or determined by the Presidential Agrarian Reform transfer of possession of private lands executed Council (PARC) created hereunder. city and municipal government units original homestead grantees or their direct acquiring private agricultural lands by compulsory heirs who still own the original expropriation or other modes of acquisition to homestead at the time of the approval of this be used for actual. local government facilities. any public the farmers or farmworkers on the land prior to or private agricultural land. all Registers of qualifications: (1) that he is at least fifteen (15) Deeds shall inform the Department of Agrarian years of age. shall local comprehensive land use plan. consistent with the approved which shall be compact or contiguous. he shall be considered expropriation. further. school sites. In case the tenant chooses to be a beneficiary in another agricultural land. the tenant shall have Republic Act No. In case the tenant chooses to remain these lands have been subjected to in the retained area. the agrarian reform beneficiaries therein shall be paid just compensation. however. however. and soil fertility as disposition. infrastructure. The tenant must exercise this option within a period of one (1) year from the time the SECTION 6. the size of which the approval of this Act shall be respected. of RA 6657 as amended by RA 9700 leaseholder to the land retained by the landowner. shall not be pertain to the landowner: Provided. Retention Limits. and (2) that he is actually tilling the Reform (DAR) within thirty (30) days of any land or directly managing the farm: Provided. Upon the effectivity of this Act. public parks and barangay The right to choose the area to be retained. That Provincial. a leaseholder and shall lose his right to be a EXCLUSIONS beneficiary under this Act. the security of tenure of own or retain. transaction involving agricultural lands in excess That landowners whose lands have been of five (5) hectares. the option to choose whether to remain therein That lands subject to CARP shall first undergo or be a beneficiary in the same or another the land acquisition and distribution process of agricultural land with similar or comparable the program: Provided. — Except as landowner manifests his choice of the area for otherwise provided in this Act. Exception to Retention Limits. covered by Presidential Decree No. MORA Atty. no person may retention. In all cases. terrain. 6-A. any sale. further. markets. RETENTION RIGHTS. direct and exclusive public Act shall retain the same areas as long as they purposes. plazas or squares. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. That five (5) hectares. shall vary according to factors governing a viable family-size farm. subject to the five (5)-hectare retention limit That in case the area selected for retention by under this Section and Sections 70 and 73(a) of the landowner is tenanted.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. management. 27 shall be allowed to keep the areas originally retained by SEC. SY 2015-2016 IV. — them thereunder: Provided. directly or indirectly. lease. Thereafter. as amended: Provided. Page 19 of 31 . subject to the following effectivity of this Act. EXEMPTIONS. such as roads and bridges.

Review of Limits of Land Size. transferred or conveyed within 10 a) To remain in the said land years Page 20 of 31 .AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. MORA Atty. To the LBP of crop to Congress for a possible review of 4. the DAR shall submit a comprehensive 2. SY 2015-2016 SEC. 6-B. If the landowner landowner met in order to be awarded with a land disagrees he may file a protest with the MARO under section 6 of RA 6657? a) At least 15 years of age What is the condition imposed by RA 6657 with b) He is actually tilling the land or directly regards to the right of a landowner to choose the area managing the farm to be retained? The land should be compact or contiguous Does the child need to directly or personally till the land? Will a mere occupation or cultivation of an No. Through hereditary succession Act. it cannot be sold. To the government study on the land size appropriate for each type 3. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. agricultural land make a tiller an agricultural tenant? No Can lands awarded to qualified children of What are the options given to the tenants of the landowners be sold. — Exceptions: Within six (6) months from the effectivity of this 1. transferred. To other qualified beneficiaries limits of land sizes provided in this Act What are the condition imposed by RA 6657 to What are the factors governing a viable family size original homestead grantees or their compulsory farms? heirs in order to retain their land? a) Commodity produced a) They are still the original owner of the original b) Terrain homestead at the time of the approval of RA c) Infrastructure 6657 d) Soil fertility b) They still continue to cultivate the said homestead What are the lands covered by the retention limit under section 6 of RA 6657? a) Public agricultural lands What is the right vested by RA 6657 to the landowners b) Private agricultural lands with respect to the retention limit? Right to choose the area to be retained What is the maximum size of the land can a landowner retain? What is the period should the landowner exercise his 5 hectares right to choose the area to be retained? Within 60 days from receipt of the Notice of Coverage What is the size of the land that can be awarded to each child of the landowner? What is the effect if the landowner failed to exercise 3 hectares his right to choose within the specified period? The Municipal Agrarian Reform Officer will designate What are the qualifications should a child of a the retained area for the landowner. it is enough the he directly manages the farm. or conveyed? retained area? No.

planting or Can spouses retain 5 hectares each under RA 6657? harvesting and other expenses incidental to It depends on the property regime of the spouses: the improvement of his crop in case he a) Conjugal or absolute community – the spouses surrenders or abandons his landholding for just can retain only 5 hectares cause or ejected therefrom b) Separation of property – spouses can retain 5 g) Buy the agricultural landholding under hectares each reasonable terms and conditions in case the agricultural lessor decides to sell the same What are the lands included in the exception to h) Redeem the landholding at a reasonable price retention limits? and consideration in case the agricultural Private agricultural lands acquired by provincial. He can no longer exercise the retention right under d) Deal with millers and processors and attend to RA 6657. MORA Atty.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. Cultivation can be done indirectly What are the rights entitled to a lessee? through labor administration a) Peaceful possession & enjoyment of the land b) Manage and work on the land in a manner and Can a landowner who has already exercised his method of cultivation and harvest which retention rights under PD 27 be entitled to the conform to proven farm practices retention rights under RA 6657? c) Mechanize all or any phase of his farm work No. should the retained area be b) He shall lose his rights to be a beneficiary under personally cultivated by the landowner? RA 6657 No. city lessor sold the same to a third person without and municipal gov’t units through expropriation or his knowledge other modes of acquisition used for actual. the retained area need not be personally cultivated by the landowner. the 7 hectares previously for the produce due him retained by him under PD 27 shall be immediately e) Be afforded a homelot placed under the coverage of the RA 6657 f) Be indemnified for the cost and expenses incurred in the cultivation. However if the landowner chooses to retain 5 the issuance quedans and warehouse receipts hectares under RA 6657. what shall be respected in the features implementation of the retention limit? Security of tenure of the farmers or farmworkers on the What are the effects if a tenant chooses to remain in land prior to the approval of RA 6657 the retained area? a) He shall be considered a leaseholder or a lessee Under section 6. direct and exclusive public purposes such as: a) Roads and bridges What is the effect if a tenant chooses to be a b) Public markets beneficiary in the same or another agricultural land? c) School sites He shall lose his rights as a leaseholder to the land d) Resettlement sites retained by the owner e) Local gov’t facilities f) Public parks What is the period given to the tenants to exercise g) Barangay plazas or squares their option? Within 1 year from the time the landowner manifests his choice of the area for retention Page 21 of 31 . SY 2015-2016 b) be a beneficiary in the same or another agricultural land with similar or comparable Under section 6.

 experimental farm stations operated for educational purposes What will happen to the crops at the time the DAR  seeds and seedling research and pilot took possession of the land? production center The landowner retains his rights over crops not yet  church sites and convents harvested  mosque sites and Islamic centers  communal burial grounds and Section 10 of RA 6657 cemeteries  penal colonies and penal farms  gov’t and private research and SECTION 10.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. penal compulsory heirs [Paris v. except those 1. reforestation. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. of DAR] including experimental farm stations operated h) lands obtained through homestead patent [Alita by public or private schools for educational v. Of that land. directly and exclusively used an share of any standing crops unharvested at the found to be necessary for time the DAR shall take possession of the land  national defense under Section 16 of the Act. homestead grantees or their direct communal burial grounds and cemeteries. mosque sites personally cultivated by original and Islamic centers appurtenant thereto. SY 2015-2016 Section 28 of RA 6657 c) Lands actually.5432 b) Lands actually.0236 hectares are community planted with rice and corn. poultry breeding grounds. forest reserves. watersheds. In 1985. watersheds properties located in various towns of Camarines Sur and mangroves from the coverage of Operation Land Transfer under Page 22 of 31 . directly and exclusively used and f) landholdings of landowners with a total area of found to be necessary for parks. fish Archbishop several petitions for exemption of certain sanctuaries and breeding grounds. wildlife. reforestation. MORA Atty. 249. fish sanctuaries and g) lands devoted to the raising of livestock. CA] purposes. church sites and homestead patent that are not being convents appurtenant thereto. Sec. directly and exclusively used for hectares are planted with coconut trees.5668 hectares. and mangroves. forest five (5) hectares and below reserves. — quarantine centers Lands actually. Standing Crops at the Time of d) Lands with at least 18% slope Acquisition. with a total area of a) Ancestral lands of each indigenous cultural 268. seeds and seedlings research and EXCEPTION: lands obtained through pilot production centers. Roman Catholic Archbishop of Caceres v DAR already developed shall be exempt from the Secretary coverage of the Act. government and private research and CASES: quarantine centers and all lands with eighteen percent (18%) slope and over. national defense. wildlife. Facts: Archbishop is the registered owner of several What are the lands not subject to retention limit properties in Camarines Sur. and shall be given a  school sites and campuses reasonable time to harvest the same. Alfeche] colonies and penal farms actually worked by the inmates. Exemptions and Exclusions. parks. directly and exclusively used for prawn farms and fishponds SECTION 28. —The landowner shall retain his e) Lands actually. while the remaining 19. school sites and campuses and swine [Luz Farms v.

Region V. Archbishop would have the Court lands. "Agricultural lands" are only those lands may exercise.A.A. The enormity of the resources needed for developing a Presidential Proclamation No. Petitioner NATALIA is the owner of three (3) This can readily be gleaned from the fact that SAMBA contiguous parcels of land with a total of 125." 16 The landowner without qualification as to under what title deliberations of the Constitutional Commission confirm the land is held or what rights to the land the landowner this limitation.312 hectares of land located in the Municipalities of does not detract from the fact that these lands are still Antipolo. previously converted to non-agricultural uses prior to the effectivity of CARL by government agencies other than ISSUE: respondent DAR. and Land Use Regulatory Board and its precursor Archbishop appealed from the order of the Regional agencies 1 prior to 15 June 1988. There is no distinction made whether the which are "arable and suitable agricultural lands" and landowner holds naked title only or can exercise all the "do not include commercial. the same was dismissed. SY 2015-2016 Presidential Decree No. Director contending. commercial or industrial land. petitioners from continuing with such development. it is clear that the to frustrate the revolutionary intent of the law. These include lands proclaimed as townsite reservation. lands." 17 read deeper into the law. They ceased to be agricultural lands upon approval of their 2. Lorena. and to do so would be Based on the foregoing. DAR inclusion in the Lungsod Silangan Reservation. 27. 6657. industrial and residential rights of ownership. The appeal was denied Law of 1988? by the DAR Secretary. issued by commercial or industrial use. all public and private agricultural Held: lands.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. 6657 provides that the CARL from the coverage of CARP shall "cover. lands not devoted to agricultural activity NATALIA properties are situated within the areas are outside the coverage of CARL. the areas in question continued to be developed FACTS: as a low-cost housing subdivision. The Indeed. Two of these petitions were Are lands already classified for residential. San Mateo and Montalban as townsite areas to residential lands and outside the ambit of the CARL. to create exceptions that are not stated in PD 27 and RA 6657. which is undeveloped portions of the Antipolo Hills Subdivision the redistribution of agricultural land for the benefit of cannot in any language be considered as "agricultural landless farmers and farmworkers. Natalia Realty vs. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. albeit at a snail's pace. regardless of tenurial arrangement and commodity produced. that they are used for otherwise known as the Comprehensive Agrarian Reform charitable and religious purposes. 1986. forest. Juanito L. On appeal to the CA." it is Archbishop cannot claim exemption in behalf of referred to as "land devoted to agricultural activity as the millions of Filipino faithful. as approved by the Housing the Regional Director of DAR. not exempt under the law. MORA Atty. inter alia. absorb the population overspill in the metropolis which were designated as the Lungsod Silangan Townsite. In its Revised Rules and Regulations Page 23 of 31 . 2 covered by R. RULING: NO Issue: Whether or not the subject lands are exempt Section 4 of R. Even today. 1637 set aside subdivision may have delayed its completion but this 20. The laws simply speak of the residential." As to what constitutes "agricultural land. as the lands are clearly defined in this Act and not classified as mineral.0078 members even instituted an action to restrain hectares and embraced in a TCT of the ROD. denied in an Order dated November 6." These lots were intended for residential use.

. 6657 (the Comprehensive Agrarian Reform Law application of respondents for exemption from the of 1988) unconstitutional. Hence. Thus. SY 2015-2016 Governing Conversion of Private Agricultural Lands to Non-Agricultural Uses. 1988. 11.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. classified as mineral or forest by the Department of Pursuant to the then existing agrarian reform program of Environment and Natural Resources (DENR) and its the government. HELD: Page 24 of 31 . Thereafter.A. No. 6657 and not been devoted exclusively to cow and calf breeding. No. However. It was therefore error to include the poultry-raising are not included in the definition of undeveloped portions of the Antipolo Hills Subdivision agricultural land. MORA Atty.A. commercial or industrial use. residential. a new agrarian law. ISSUE: poultry and swine raising" in the definition of Whether or not DAR Administrative Order No. we declared as within the coverage of CARL. 9. 18 DAR itself defined "agricultural 4. 9. No. DAR vs. They contend that their entire promulgated in accordance therewith. 6657 which includes "private agricultural lands devoted to commercial livestock. Philippines approved R. Agricultural lands refers to those devoted to Respondents herein inherited a land which has agricultural activity as defined in R. also known as the competent authorities prior to 15 June 1988 for Comprehensive Agrarian Reform Law (CARL) of 1988. 9 be declared unconstitutional. in an en Since the NATALIA lands were converted prior to banc decision in the case of Luz Farms v. unconstitutional certain provisions of the CARL insofar as they included livestock farms in the coverage of agrarian 3. 13 and 32 of DAR Secretary issued an Order partially granting the R. Delia Sutton land" thus — FACTS: . 1988 ISSUE: shall be excluded from the coverage of the CARL. No. respondent DAR is bound by such this Court ruled that lands devoted to livestock and conversion. poultry and swine in its coverage only portions of private agricultural lands used for the raising of livestock. It included in its coverage farms used for raising livestock. Series of 1993 which prescribes a maximum retention aforecited agro-industrial activities are made to be for owners of lands devoted to livestock raising is covered by the agrarian reform program of the State. landholding should be exempted as it is devoted exclusively to cattle-raising and appealing that the DAR RULING: A. 6657. poultry and swine. took effect. 6657. SECRETARY OF AGRARIAN REFORM reform. Section II of R. series of 1993 which provided that raising of livestock. LUZ FARMS vs.O. Land Use Regulatory Board (HLURB) and its preceding Republic Act (R.O. respondents made a voluntary offer to predecessor agencies. respondents filed with petitioner DAR a formal request to withdraw their VOS as their FACTS: landholding was devoted exclusively to cattle-raising and On June 10. . insofar as the said law includes coverage of CARL but applying the retention limits the raising of livestock. poultry and swine as of June 15.A. The Whether or not Sections 3(b). Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. the President of the thus exempted from the coverage of the CARL.A. "commercial farms" is invalid.A. poultry and swine in its coverage outlined in the DAR A. and not classified in town plans sell (VOS) their landholdings to petitioner DAR to avail of and zoning ordinances as approved by the Housing and certain incentives under the law. Secretary of DAR 15 June 1988.O.) No. which includes the DAR issued A. Respondents moved for as well as the Implementing Rules and Guidelines reconsideration. to the extent that the 09. constitutional? There is simply no reason to include livestock and poultry lands in the coverage of agrarian reform. No.

poultry. setting forth rules and regulations to govern the industrial. No. (2) to breed. negating the claim that petitioner accessories. and other swine raising in order to exclude it from CARP coverage. and other livestock. It is an 9). and incorporated with the Securities and Exchange swine raising were excluded from the coverage of the Commission on January 8. sought to regulate livestock farms by of the Department of Agrarian Reform that agricultural including them in the coverage of agrarian reform and lands devoted to livestock. Among its pertinent CARL. poultry. and/or swine raising prescribing a maximum retention limit for their are excluded from the Comprehensive Agrarian Reform ownership is invalid as it contravenes the Constitution.0422-hectare property from the stricken down as unconstitutional as it enlarges the coverage of CARP. ISSUE: On June 10. under DAR A. and of said business. but the same 5. poultry. a new agrarian reform law. recommended the exemption A. WON the DAR has the power to regulate Republic Act (R. on December 4. took effect.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. moved for the reconsideration of the said Order.O. and (3) to import cattle. No. the CA found that. Private Petitioner Milestone Farms. on December 27. the property purpose. he Southern Pinugay Farmers Multi- coverage of agrarian reform beyond the scope intended Purpose Cooperative. based on purchase or lease. R. . and to sell and otherwise dispose of said cattle. 1988.A. secondary purposes are: (1) to engage in the raising of cattle.O. 6657 was amended by R. (Balajadia). Page 25 of 31 . by the 1987 Constitution represented by Timiano Balajadia. The assailed A. to acquire lands by On April 29. Program (CARP). and sell poultry. ruled in Luz Farms v.A. poultry. 7881.O. Series of 1993 (DAR A. stocks. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. Secretary No. A. products. otherwise known as the livestock farms which have been exempted by the Comprehensive Agrarian Reform Law (CARL). HELD: this Court. or applied for exclusion long before the effectivity of DAR otherwise dispose of the supplies. Milestone Farms Inc. 9. which included the raising of livestock. swine and poultry-raising are industrial activities and do Meanwhile.A. FACTS: which was approved on February 20. MORA Atty. pigs.) No. and animal food necessary for the raising of Petitioner was held to have actually engaged in the said said cattle. to purchase or acquire and sell. of petitioner DAR was properly of petitioner’s 316. No. not an agricultural activity. 1995. (Pinugay Farmers). appurtenances. SY 2015-2016 The A. poultry is different from crop or tree farming. subject of the application for exclusion had more than pigs. which may be needed for this the documentary evidence presented. pigs.O. pigs. Inc. equipment. 1990. and other livestock as may be authorized business on the property even before June 15. and by-products merely converted the property for livestock. 9. swine and Administrative Order No. Sr. thus. Constitution from the coverage of agrarian reform. 1960.O. It has exceeded its power in issuing the assailed The LUCEC. v. DAR has no power exclusion of agricultural lands used for livestock. However. No. 2005. to regulate livestock farms which have been exempted and swine raising from CARP coverage. No. and other livestock and their produce when satisfied the animal-land and infrastructure-animal ratios advisable and beneficial to the corporation. sitting en banc. livestock. and swine in its coverage.” The raising of livestock. 9.O. 1988. The CA also found that petitioner raise. (petitioner) was agricultural lands devoted to livestock. The Court clarified in the Luz Farms case that livestock. 1993. the not fall within the definition of “agriculture” or Department of Agrarian Reform (DAR) issued “agricultural activity. Inc. 6657. Office of the President was denied by Director Dalugdug in his Order. by law. thus. In the meantime. poultry. by the Constitution from the coverage of agrarian reform.

one-half of the entire area originally claimed as exempt the dispositive portion of which reads: Page 26 of 31 . stating that use and disposition of that land is entirely and forever the subject lands are now covered by CARP and inviting beyond DAR’s jurisdiction” is dangerous.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. Department of Education Culture and Sports It is established that issues of Exclusion and/or Exemption are characterized as Agrarian Law FACTS: Implementation (ALI) cases which are well within the In controversy are Lot No. 1993. 1921. Luna. Piñosa. succumb to petitioner’s contention that “when a land is declared exempt from the CARP on the ground that it is After investigation. 167175. titles thereto were over matters involving the administrative transferred in the name of respondent DECS under implementation of RA No. those of Sutton because. Leonidas. without going against the law. Andres approved the recommendation. 817- DAR Secretary’s competence and jurisdiction. 7. the subject property remained a livestock farm. 1998. DAR Regional Director conversion into residential and golf courses use of nearly Dominador B. Agrarian Law Implementation Cases. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. otherwise known as the Transfer Certificate of Title No. commencing from crop year 1995-1996 to 3. SY 2015-2016 from CARP coverage because it was allegedly devoted to The instant case does not rest on facts parallel to livestock production. Eugenio Alpar and several others.3 Comprehensive Agrarian Reform Law (CARL) of 1988 and other agrarian laws as enunciated by pertinent rules and On July 15. MARO Piñosa submitted his report vested with such jurisdiction and authority to exempt to OIC-PARO Stephen M. the subject lands. Escalante.6 Then. these lands were donated by the Section 3. suggestive of its representatives for a conference with the farmer self-regulation. Negros Occidental and Adjudication Board Rules of Procedure provides: Brgy. 2509 and Lot No. the a "Notice of Coverage" to respondent DECS. Sagay.8 Exclusion from CARP coverage of crop year 2004-2005. On October 21. Department of Agrarian Reform vs. claiming to be permanent and regular farm workers of Thus. and poultry raising. to 1984-1985 to crop year 1993-1994. it is the DAR Secretary who is beneficiaries. filed a petition for Compulsory arbitrarily strip the DAR Secretary of his legal mandate to Agrarian Reform Program (CARP) coverage with the exercise jurisdiction and authority over all ALI cases. commencing from crop year Secretary of the DAR in accordance with his issuances. late Esteban Jalandoni to respondent DECS (formerly The Adjudicator or the Board shall have no jurisdiction Bureau of Education). which shall be under the exclusive lands to Anglo Agricultural Corporation for 10 prerogative of and cognizable by the Office of the agricultural crop years. sent not agricultural as of the time the CARL took effect.2 Consequently. Secretary Villa had already granted the On August 7. Precisely. In addition. respondent DECS leased the administrative orders.4 agricultural land used for livestock. The contract of lease wit: was subsequently renewed for another 10 agricultural crop years. 1985. Section 3. we cannot. Negros Occidental.2462 hectares Rule II of the 2003 Department of Agrarian Reform located at Hacienda Fe. To Municipal Agrarian Reform Office (MARO) of Escalante. with law and applicable jurisprudence. 6657. D consisting of an aggregate area of 189. Gen. albeit parenthetically. who recommended and/or exclude a property from CARP coverage based on to the DAR Regional Director the approval of the the factual circumstances of each case and in accordance coverage of the landholdings. MARO Jacinto R. swine. respectively. MORA Atty. in Sutton. On June 10.

15 wherein we declared the exempt from the coverage of Republic Act No. the land was actually. which set aside the Where the words of a statute are clear. a reading of the paragraph shows that. the undertaking was that the land shall be used by the Philippine Packing Corporation as part of the CMU research program. No. the instant petition for review. 476 for the use of types of lands which are exempted from the coverage of Mindanao Agricultural College (now CMU). Escalante. in the CMU case. 6657. campuses. viz: case. RULING: NO. Fe." and 2) the purpose is "for school sites and 1. … . plain and free decision of the Secretary of Agrarian Reform. misplaced because the factual circumstances are different in the case at bar." hectares situated at Brgy. SY 2015-2016 WHEREFORE. the "plain meaning rule" or verba Aggrieved. directly. c) Lands actually. directly and exclusively used and found to be necessary for national defense. Hence. 8 definitions. and exclusively used and found to be necessary" cannot Respondent DECS appealed the case to the be understated.A. in the CMU case. Inc. Negros Occidental. school sites and Secondly.16 In this CARP as well as the purposes of their exemption. in considered. The importance of the phrase "actually. shall be exempt from the coverage of this was being used by the Philippine Packing Corporation Act. The words of the law are clear and unambiguous. the lands fall under the category of alienable and disposable lands of the public domain xxxxxxxxx suitable for agriculture. land subject thereof exempt from CARP coverage. MORA Atty. Although a portion of it purposes.7671 purposes. Order is hereby order to be exempt from the coverage: 1) the land must issued: be "actually. as what respondent DECS would want us Secretary of Agrarian Reform which affirmed the Order to do by not taking the words in their literal and technical of the Regional Director. Luna. respondent DECS’ reliance thereon is Law of 1998 (CARL).AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. 6657 enumerates the Garcia under Proclamation No.) under a "Management and xxxxxxxxx Development Agreement". Sagay. the petition is granted. respondent DECS filed a petition for legis in statutory construction is applicable in this case. however. otherwise known as the Comprehensive Agrarian Reform However. certiorari with the Court of Appeals. directly. Section 10 of R. it must be given its literal meaning and applied without attempted interpretation. Gen. including experimental farm stations directly and exclusively used and found to be necessary operated by public or private schools for educational for school sites and campuses. Department of Agrarian Whether or not the subject properties are Reform Adjudication Board. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. THE SUBJECT PROPERTIES ARE NOT EXEMPT Firstly. operated by public or private schools for educational Negros Occidental and Lot 817-D with an area of 77. Placing under CARP coverage Lot 2509 with an campuses. all the foregoing premises Clearly.13 (now Del Monte Phils. including experimental farm stations area of 111.9 from ambiguity.4791 hectares situated at Had. We are not unaware of our ruling in the case of ISSUE: Central Mindanao University v. the land involved was FROM THE COVERAGE OF RA 6657 (CARL) not alienable and disposable land of the public domain because it was reserved by the late President Carlos P. and exclusively used and found to be necessary.. Thus. with direct Page 27 of 31 .

Villafuerte. the 8. the land authorized the Province of Camarines Sur to take was part of the land utilization program developed by the possession of the property upon the deposit with the CMU for its "Kilusang Sariling Sikap Project" (CMU-KSSP). PROVINCE OF CAMARINES SUR vs. Series of 1988 of the Sangguniang Panlalawigan be declared null FACTS: and void. 337) and that the 89 of the Regional Trial Court. from enforcing the writ of possession. the trial court denied the motion to dismiss and the approval of the Department of Agrarian Reform of Page 28 of 31 . Local Government Code (B. 1989. Blg. 337). 1988. Benjamin V.714. (b) that the complaints for expropriation be On December 22. the retention of the land damages that private respondents may suffer in the was found to be necessary for the present and future event that the expropriation cases do not prosper. the Solicitor General expressed the offered for their property. not for The San Joaquins filed a motion for relief from educational purposes but for the furtherance of its the order. the Province of Camarines Sur. it was take possession of their property and a motion to admit the income from the contract of lease and not the an amended motion to dismiss. 129. the Solicitor General stated motion for the issuance of writ of possession. MORA Atty. P-17-89 and P-19. renovations of the schools in the locality. On the other hand. Series of 1988. authorizing the the Province of Camarines Sur to take possession of the Provincial Governor to purchase or expropriate property property subject of the expropriation and the order contiguous to the provincial capitol site. Pili. Blg. Also. The San that under Section 9 of the Local Government Code (B. through its Governor. as conceded by respondent DECS. be set aside. the Sangguniang dismissed. Both motions were subject lands that was directly used for the repairs and denied in the order dated February 1990. expropriations are for a public purpose. as they were leased to Anglo Agricultural Corporation. the Province of Camarines Sur filed a Comment to the petition. In their petition before the Court of Appeals. 1990. Moreover. filed two separate cases for expropriation Camarines Sur claimed that it has the authority to initiate against Ernesto N. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. The educational needs of the CMU. presided by the Hon. Hon. Clerk of Court of the amount of P5. denying the motion to admit establish a pilot farm for non-food and non-traditional the amended motion to dismiss. CA San Joaquins asked: (a) that Resolution No. San Joaquin and Efren N. Asked by the Court of Appeals to give his Forthwith. the trial court issued a writ of possession in an order dated lands in this case were not actually and exclusively January18.P.00. Pursuant to the Resolution. and thereafter to issue a writ of injunction. Joaquins failed to appear at the hearing of the motion. In an order dated December view that the Province of Camarines Sur must first secure 6. San Joaquin. the amount a multi-disciplinary applied research extension and provisionally fixed by the trial court to answer for productivity program. Panlalawigan of the Province of Camarines Sur passed 1989 (i) denying the motion to dismiss and (ii) allowing Resolution No. Panga. the Province of R. However.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. and (c) that the order dated December 6. the expropriation proceedings under Sections 4 and 7 of docketed as Special Civil Action Nos. Luis In its answer to the petition. utilized as school sites and campuses. They also agricultural crops and a housing project for provincial asked that an order be issued to restrain the trial court government employees. there was no need for the approval by the Office of the President of the exercise by the The San Joaquins moved to dismiss the Sangguniang Panlalawigan of the right of eminent complaints on the ground of inadequacy of the price domain. in order to dated February 26. 1990. 129.17 Hence. authorizing the Province of Camarines Sur to business.P. SY 2015-2016 participation of faculty and students. Camarines Sur.

expropriating authority. lands for residential. MORA Atty. While those rules vest on the Department of Agrarian Reform the exclusive authority RULING: to approve or disapprove conversions of agricultural NO. the DAR. 144 Minn. signals that it applies to lands previously placed under Page 29 of 31 . Series of 1987. agricultural Ordinarily. provision in the Comprehensive Agrarian Reform Law To sustain the Court of Appeals would mean that the which expressly subjects the expropriation of agricultural local government units can no longer expropriate lands by local government units to the control of the agricultural lands needed for the construction of roads." order of the trial court Hence this petition. may authorize the reclassification or conversion of or substantial relation to the public use (United States Ex the land and its disposition: Provided.Y. People. it Comprehensive Agrarian Reform Law. SY 2015-2016 the plan to expropriate the lands of petitioners for use as the agrarian reform program as it speaks of "the lapse of a housing project. — After the lapse purpose or public use. v. such authority is limited to the applications for reclassification Section 9 of B. 241). units must first secure the approval of the Department of Land Reform for the Statutes conferring the power of eminent conversion of lands from agricultural to non-agricultural domain to political subdivisions cannot be broadened or use. as the for the purpose to which it would be devoted by the implementator of the agrarian reform program. and subject to existing intervene only when a particular undertaking has no real laws. without first applying for law that the Court of Appeals could cite to justify the conversion of the use of the lands with the Department intervention of the Department of Agrarian Reform in of Agrarian Reform. upon the same being an expression of legislative policy.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. Conversion of Lands. Likewise. Welch. cannot be the source of the whether the expropriation of agricultural lands authority of the Department of Agrarian Reform to by local government units is subject. State ex rel Twin City Bldg. expropriation proceedings. 8 ALR The opening.P. The Court of Appeals set aside the five (5) years from its award. adverbial phrase of the provision sends 585). 66 S Ct 715. schools. The closest provision of bridges. 327 US 546. That the Rel Tennessee Valley Authority v. Blg. before they can institute the necessary constricted by implication (Schulman v. 65. 2d. of five (5) years from its award. The application of the beneficiary or the landowner. 176 N. commercial or industrial purposes. 337 does not intimate in the least submitted by the land owners or tenant beneficiaries. The rules on conversion of agricultural lands found in Section 4 (k) and 5 (1) of Executive Order No. 1. 843. Co. or the locality has become urbanized and the government unit that shall determine whether the use of land will have a greater economic value for residential. 174 NW 885. and Invest. that local government. because all of these projects would expropriation matters is Section 65 of the naturally involve a change in the land use. it is the legislative branch of the local purposes. with due courts defer to such legislative determination and will notice to the affected parties. there is no 2d. ISSUE: 129-A. etc. hospitals. 817. Department of Agrarian Reform. 249. 10 N. the property sought to be expropriated shall be public. In effect.E. commercial or industrial uses. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. when the land ceases to be economically feasible and sound for. Houghton. ed. 219 NYS 2d. 90 beneficiary shall have fully paid his obligation. which reads: would then be the Department of Agrarian Reform to scrutinize whether the expropriation is for a public Sec. L. to the prior determine the suitability of a parcel of agricultural land approval of the Secretary of the Agrarian Reform.

Four grandchildren could only have been initiated by the minors themselves. SY 2015-2016 WHEREFORE. MORA Atty. petition for coverage of the subject property. sparing the government Dr. this Appeal. the others were itself vests the right to file suit. as its name denotes. Thereafter. Nicolas Valisno. to the Angelo and Renato Banting. Rosa. petitioner SMSP filed a initiated by the minors. The Valisno heirs including the four grandchildren-redemptioners filed a consolidated Application for Retention and Award under R. Sr. is land which is not supposed to leave the FACTS: landowner's dominion. Sr. the redemptioner- requires the Province of Camarines Sur to obtain the grandchildren enjoyed the right of retention granted to approval of the Department of Agrarian Reform to all the landowners. of Dr. the landowners afterwards. This action was never only minors. thus. Valisno mortgaged 12 hectares of his property process. A retained area. The said motion same was denied.AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. 6657.A. to Angelito Banting and to Renato Banting. At the time of the as the victims or the aggrieved parties in whom the law redemption. Hence. ET AL against the landowner. Dr. This right of retention is a convert or reclassify private respondents' property from constitutionally guaranteed right. which would be a pointless Nueva. Sta. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem. and (c) As owners in their own right. which is subject to agricultural to non-agricultural use. The request for the award to the grandchildren-redemptioners’ retention rights of three hectares each was approved on appeal to the CA. the petition is GRANTED and the ISSUE: questioned decision of the Court of Appeals is set aside Whether or not the grandchildren of the insofar as it (a) nullifies the trial court's order allowing landowner are still entitled to retention rights? the Province of Camarines Sur to take possession of private respondents' property. the property was subdivided into ten lots and individual titles The fact that the grandchildren are minors at the time were issued in the name of the eight children of Dr. The void but only voidable or valid until annulled. Page 30 of 31 . the redemption was made does not make the contract Valisno. The Regional Director approved the retention of the Valisno children. (b) orders the trial court HELD: to suspend the expropriation proceedings. The petition was dismissed but DAR Secretary ultimately held that the property was covered by CARP subject to the retention rights of the heirs of Nicolas. only one was of legal age. Valisno redeemed the property. Petitioners filed a Motion for Reconsideration holding that the redemptioners are not entitled to retention rights. qualification by balancing the rights of the landowner and the tenant and by implementing the doctrine that 9. Under the mortgage on the 12 hectare portion was foreclosed and Civil Code. the action to annul the minors' redemption the property sold at public auction. No. SAMAHAN NG MAGSASAKA SA SAN JOSEP V. Subsequently. is the registered owner of from the inconvenience of taking land only to return it to a 57-hectare property situated in La Fuente. social justice was not meant to perpetrate an injustice MARIETTA VALISNO.

MORA Atty. SY 2015-2016 Page 31 of 31 .AGRARIAN LAW AND SOCIAL LEGISLATION LEANGIE L. Mercano SSCRM College of Law Notes and Reviewer for Midterm Exam 1st Sem.