Professional Documents
Culture Documents
A. DESCRIPTION
This course covers the basic principles of and policies on Agrarian Reform and the prospects for the
completion of the program. The students are expected to learn the Constitutional and socio-economic bases
for the program, the relevant landmark jurisprudence, and concrete problems encountered in its
implementation. The remedies of landowners, agrarian reform beneficiaries and other stakeholders will also
be discussed under this subject.
The Social Security Act and peripheral rules and regulations will also be tackled. The students are
expected to learn the entities covered under the social protection schemes, their duties and obligations under
law, the benefits and remedies available to them, and the procedure in the Social Security Commission and the
regular courts.
There will be a brief discussion on the various laws affecting the basic sectors: farmers, fisher folk,
indigenous cultural communities, mining communities, women, children, and informal sectors, among others.
Learning tools include lecture, focus group discussion, research, film viewing, and field visit.
B. COURSE OBJECTIVES
1. To impart the basic principles of and laws on Agrarian Reform in the Philippines.
2. To appreciate and learn different pieces of social legislation in the Philippines such as the Social
Security Act, Indigenous Peoples Rights Act, Agriculture and Fisheries Modernization Act, etc.
3. To learn how to advocate (by means of cases, legislation, executive policies) for reforms in the
implementation of agrarian laws and other social legislation.
C. COURSE TOPICS
1. Basic Principles of Agrarian Reform and Rural Development
2. Social Justice and Social Legislation
3. History of Agrarian Reform
4. Agricultural Leasehold and Tenancy
5. Agrarian Law Implementation (Coverage and Beneficiary Identification)
6. Just Compensation
7. Rights of Landowners (Retention, Protests, Exemption, Preferred Beneficiaries,etc.)
8. Land Conversion
9. Indefeasibility of Agrarian Reform Titles
10. Coverage and Membership under the Social Security Law
11. Social Security Benefits Entitlement and Administration
12. Procedure and Remedies before the Social Security Commission
August 15 Constitution
• Art II, Sec 10
• Art XIII, Secs 1-2
Social Justice
• Calalang vs Williams (G.R. No. 47800)
Constitutional Issues
• Association of Small Landholders of the Philippines vs. Secretary of Agrarian
Reform (G.R. No. 78742)
Agricultural Tenancy
Elements
1. Parties are owner/possessor and tenant
2. Subject is agricultural land
3. Consent
4. Purpose is agricultural production
5. Consideration
6. Personal cultivation
• Cases:
• Cayetano and Tiongson vs CA (G.R. No. L-62626)
• Caballes vs DAR (G.R. No. 78214)
• Hilario vs. IAC (G.R. No. 70736)
• Qua vs CA (G.R. No. 95318) – Personal Cultivation
• Guerrero vs. CA (G.R. No. L-44570) – Cultivation
Lawful Consideration
• Case: Tan vs Pollescas (G.R. No. 145568)
Beneficiary Identification
Just Compensation
September Constitution
19 • Art XIII, Sec 4
• Art III, Sec 9
• Cases:
• Association of Small Landholders of the Philippines vs. Secretary of Agrarian
Reform (G.R. No. 78742)
RA 9700
• Sec 7
Formula
• Cases:
• LBP vs Rufino (G.R. No. 175644)
• LBP vs Banal (G.R. No. 143276)
• LBP vs Celada (G.R. No. 164876)
• LBP vs Soriano (G.R. No. 180772 and 180776)
• LBP vs Wycoco (G.R. 140160, 13 January 2004)
• LBP vs Rivera (G.R. No. 182431, 27 February 2013)
Time of taking
• Cases:
• Apo Fruits vs LBP (G.R. No. 164195, 12 October 2010)
• LBP vs Soriano (G.R. No. 180772 and 180776)
Retention
Daez vs CA (G.R. No. 133507, February 17, 2000)
Archbishop of Caceres vs DAR (G.R. No. 139285, December 21, 2007)
September Constitution
26 • Article XIII, Sec 4
Cases:
• Daez vs CA (G.R. No. 133507)
• Heirs of Griño vs CA (G.R. No. 165073)
• Estribillo vs DAR (G.R. No. 159674)
• Read Daez in consonance with the following cases:
• People vs Donato (G.R. No. 79269)
• PNB vs Nepopucemo Productions, Inc. (G.R. No. 139489)
Conversion
October 3 AFMA
Conversion vs Reclassification
Ros vs DAR
Grounds:
1. Land ceases to be economically feasible and sound for agricultural purposes
2. Locality has become urbanized and the land will have a greater economic value for
residential, commercial, or industrial purposes
Awarded land:
• 5 year prohibition
• Investment requirement (10%)
• Full payment
Cases:
• Alarcon vs CA (G.R. No. 152085)
• Province of Camarines Sur vs CA (G.R. No. 103125)
• Fortich vs Corona (G.R. No. 131457, 17 November 1998)
Cancellation and Indefeasibility of Title
CMS Estate Inc. vs. Social Security System and Social Security Commission L-26298, 132 SCRA
108 citing Philippine Blooming Mills, Co., Inc. v. SSS L-21223 17 SCRA 1077
Court Review
Rule 43 of the Revised Rules of Court
October Coverage of Employers and Employees
31
Section 9, RA 8282
Employees
Employer
Household Employees
Philippine Refining Co., Inc. v. Court of Appeals, SSC, SSS & Buklod ng Manggagawa & Vicente
Garcia, L-29590 September 30, 1982, 117 SCRA 79
SSS v. Court of Appeals & Central Azucarera de Bais L-25406 December 24, 1986
26 SCRA 459
Republic of the Philippines represented by the SSC & SSS v. Asiapro Cooperative
GR No. 172101, November 23, 2007
Victor De Jesus vs. Court of Appeals, Judge Eddie R. Rojas et al. GR No. 101630 August 24,
1992; 212 SCRA 823
Coverage of:
*Project Employees
*Employees Paid on Commission
*Joint Venture
*Seafarers
*Religious, Charitable Institutions
*Jeepney Drivers (TrikanSSSya; AlkanSSSya, informal sectors and cooperatives)
November Types of Benefits:
7
*Disability, Retirement, Death
*Benefit-Privilege
*Maternity Benefit, Salary Loan
*Designation of beneficiaries
*Qualifications of Beneficiaries
Different from Employees Compensation benefits
Anatolia Valencia v. Manila Yatch Club, Inc. L-27346 June 30, 1969 28 SCRA 724
But you can be strong for yourself, encourage, educate the poor, bring the wage gap closer & pursue social justice; become yourself a fair, inclusive
person who teaches the next person how to fish & learns, in the process, to wisen up. You can empower men & women by believing in them. Live
all the cans & re-calibrate the cannots.