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Course Title: Agrarian Law and Social Legislation

Topics
I The Social Security Law
1.1 Introduction
1.1.1 State Policies on Social Security
a. Under the 1987 Constitution
b. Under Republic Act 8282, as amended
1.1.2 Characteristics of SSS Benefits
1.1.3 Constitutionality of the SSS Law
c. Applicable Case Laws
d. Sample Problems
1.1.4 Non-taxability of the Benefits under SSS
Law
1.1.5 SSS Law distinguished from Insurance Laws
1.1.6 Rule on Construction of SSS Laws

1.2 Compulsory Coverage Under SSS Law


1.2.1 Employers
1.2.2 Employees
1.2.3 Self-employed Persons
1.3 Voluntary Coverage Under SSS Law
1.3.1 Full Time Spouses
1.3.2 Overseas Filipino Workers
1.3.3 Separated Members/Members Who Ceased
to be Self-Employed
1.4 Effectivity of coverage under SSS Law
1.5 Effectivity of failure to report or register with the
SSS
1.6 Effect of withdrawal of membership
1.7 Effect of separation from service of the member
1.8 Dependents
1.9 Beneficiaries
1.9.1 Primary
1.9.2 Secondary

1.10 Benefits under the SSS Law and the requisites to


avail them
1.10.1 Retirement Benefit
1.10.2 Death Benefit
1.10.3 Disability Benefit
1.10.4 Sickness Benefit
1.10.5 Maternity Benefit
1.11 The Limited Portability Scheme

II The GSIS Law ( RA 8291, as amended )


2.1 Introduction – Retirement and Prior Retirement
Laws
2.2 Pension
2.2.1 Concept
2.2.2 Nature
2.2.3Purpose
2.3 Compulsory Coverage under the GSIS Law

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2.4 Government Employees with Separate Retirement
Schemes/Laws
2.5 Definition of terms
2.6 Classification of GSIS Members as to Benefit
Entitlement
2.7Payment of Monthly Premium
2.8 Obligations of the Employer and Effects of Failure
to Comply Thereof
2.9 Legal Dependents
2.10 Qualified Beneficiaries
2.10.1 Primary Beneficiaries
2.10.2 Secondary Beneficiaries
2.11 Interpretation of Retirement Laws
2.12 Benefits Under the GSIS Law and Requisites to
avail of them
2.12.1 Separation Benefit
2.12.2 Retirement Benefit
2.12.3 Disability Benefit
2.12.4 Survivorship Benefit
2.12.5 Funeral Benefit
2.12.6 Life Insurance Benefit
2.13 Illustrative Problems/Jurisprudence

III Employees’ Compensation and State Insurance Fund


(EC Law)
3.1 Nature/Purposes of Workmen’s Compensation
3.2 Coverage under EC Law
3.3 Benefits under the EC Program
3.3.1 Medical Services
3.3.2 Rehabilitation Services
3.3.3 Income Cash Benefit for
a. Temporary Disability or Sickness
b. Permanent Total Disability
c. Permanent Partial Disability
3.3.4 Death Benefit
3.4 Rules on Compensability under the EC Law
3.5 Rules on Non- Compensability under the EC Law
3.6 Illustrative Problems/Jurisprudence

IV The Comprehensive Agrarian Reform Law ( CARL [


RA 6657, as amended ] )
4.1 Introduction
4.1.1 Historical Background
4.1.2 Constitutional Bases
4.1.3 Nature, Purpose and Significance of Agrarian
Reform Law
4.1.4 Case Laws upholding Constitutionality of the
CARL
4.1.5 Definition of Basic Terms
4.1.6 Jurisprudence on Basic Agrarian Principles

4.2 Kinds of Agricultural Tenancy


4.3 Requisites of Tenant-Landlord Relationship

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4.4 Cases on Tenant-Landlord Relationship
4.5 Qualifications of Beneficiaries under the CARL
4.6 Lands Covered under the CARL
4.7 Rules on Retention Limits
4.8 Lands exempt from coverage
4.9 Procedure, Manner of Acquisition and Payment of
Private Lands
4.10 Order of Priority in Land Distribution
4.11 Distribution Limit
4.12 Transfer of Sale of Awarded Lands
4.13 Other Benefits/Assistance and Support Services
Under CARL
4.14 Other Special Areas of Concern under CARL
4.15 Barangay Agrarian Reform Committee ( BARC )
4.15.1 Creation
4.15.2 Powers and Functions
4.16 Quasi-Judicial Powers of DAR (Jurisdiction)
4.17 Specific Powers of DAR
4.18 Appeal from Decisions of the DAR
4.19 The RTC as Special Agrarian Court
4.20 Prohibited Acts and Omissions Under the CARL
4.21 Penalties
4.22 Latest Jurisprudence

V The Anti Sexual Harassment Act ( RA 7877 )


5.1 Introduction
5.1.1 Sexual Harassment as Social Legislation
5.2 Sexual Harassment: How Committed
5.2.1 Work- related Sexual Harassment
5.2.2 Education or Training Environment Related
Sexual Harassment
5.3 Moral Ascendancy
5.4 Criminal Penalty
5.5 Liability of Employer, Head Office, etc., of
Non-Action on Complaints of Sexual Harassment
5.6 Sexual Harassment as an Administrative
Offense
5.7 Civil Service Rules on Sexual Harassment
Cases
5.7.1 Instances of Sexual Harassment
5.7.2 Forms of Sexual Harassment
5.7.3 Classification of Sexual Harassment
a. Grave Offenses
b. Less Grave Offenses

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c. Light Offenses
5.7.4 Persons Liable for Sexual Harassment
5.7.5 The Committee on Decorum and
Investigation ( CODI )
a. Composition
b. Filing of Complaint with the CODI
c. Action on the Complaint
d. Preliminary Investigation
e. Answer of the Respondent
f. Preventive Suspension
g. Continuous Hearing
h. Formal Investigation Report
i. Remedies in case of Judgment of
Conviction
j. Administrative Penalties

VI The Solo Parents’ Welfare Act of 2000 (RA 8972)


6.1 Salient Features of the law
6.2 Persons Treated by Law as Solo Parents
6.3 Benefits Due for Solo Parents
6.3.1 Flexible Work Schedule
6.3.2 Non- Discrimination in Work
6.3.3 Parental Leave
6.3.4 Educational Benefits
6.3.5 Housing Benefits
6.3.6 Medical Assistance

VII The Paternity Leave Law of 1996


7.1 Nature of Paternity Leave
7.1.1 Definition of Terms
7.2 Legal Requisites to Avail Paternity Leave
7.3 Criminal Penalty for Violation
7.4 Non- Diminution Clause

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