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    Agrarian Law and Social Legislation Ongos Book PDF

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    Alex Respicio

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    © All Rights Reserved
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    Intreduetion Agrarian Law ‘Social Legislation CONTENTS CHAPTER 1 ‘THE COMPREHENSIVE AGRARIAN ‘REFORM LAW OF 1998 ‘History of Philippine Agrarian Laws ‘Meaning of Agrarian RetGE nen Apply ofthe Comprehensive Agrarian ‘Reform Law ‘Meaning of Agricultural Land... Coneutatonalty of the Compras Ararian ‘Reform Law. ‘The Primary Objective of Agrarian Reform “Meaning of Eeonomic Family. Size Farm. Falting of Livestock, Poultry or Fish Noi Eimbreced in tho Term “Agricul ur : Lands Covered by the Agrarian Reform Law. Lands Not Covered by the Agrarian Reform Law vos: Implementation Extended by Republic At No. 8700. ‘Rotontion right of the landowner. Gan a landowner who has already exercised hia rutention rights under Presidential Decree No. 27 bbe entitled to the retention right under the Comprehensive Agrarian Reform Law. (en pbs retain 5 hetres each under the ‘agrarian reform law. ‘Who ha the right to choose the retention area Can a landowner exercise ig right to rotention over the Tand which has already been covered by an Emancipation Patent or Certificate of Land Ownership Award 1 7 18 18 ‘Suppose the retention area chosen by the landowner is tenanted, what happens to the tenant. Emect ithe tenant chooses to remain in the ‘retained area . What isthe term ofthe Tease Effect ifthe Tenant Chooses to be a Beneficiary Children of the Landowner are Entitled to 3 hectares each, [Right of Homesteadere vis-a-vis Rights of Tenants Expropriation of Private Aastra Lands by Lc Government Units. ‘The Import ofthe Lave ‘Acquisition and Distribution Scheme. ai ‘Lands Posseased by Multinational Corporations are Covered by the CARL. ea ‘Ancestral land defined. ‘Ancestral lands exempted from the Agrarian Reform Law. Land classification inthe tax declaration is not camel in Lands classified as non-agricultural prior to the effectivity of the CARL are not covered. Lands with at least 18% slope ‘School sitea and eampuses.. a ‘Who has jurisdiction to exempt a property from agrarian reform coverage. ‘Mode of acquisition of commercial farm. Manner of distribution of commercial farms . ‘Qualifications of commereial Farm beneficiaries ss. ‘Who are disqualified to become commereal farm beneficiaries. Freedom of beneficiaries to choose the type of| agribusiness, ‘Types of agribusiness venture arrangements, Right of retention over commercial farms. Power of DAR to fx rentals. Applicability of the Law. ‘Purpose of the Law. Purpose of the Law. ‘The Compulsory Acquisition Proce. vu 18 19 a a 2 eaangese ‘Two notices are required for validity of implementation... Land acquisition procedure should be strictly construed... ‘When title or ownership of the land is transferred ‘othe State Opening of tru account does not eanstitute a Concept of just compensation ‘The factors sed in valuation of lands. ‘The basic formula when all factors are present. ‘The formula when GNI factor isnot present ‘The formula when CS factor ia not present. ‘The formula when CS and CNI factors are not present ‘Reckoning of valuation. Procedure for determination of just compensation wn. Role ofthe Department of Agrarian Reform ‘Adjudication Board (DARAB). ‘The valuation set by DAR not consiusive... Courts cannot disregard the formula... Consent of beneficiary not necessary in determining "just compensation, : ‘Mode of payment sn Landownir cannot insist in each payment only Features ofthe Land Bank bonds. Documentary requirements for veluntary offers forsale. ‘Voluntary land transfer no longer allowed “Mode of payment in voluntary land transfers. Who are eligible to become agrarian reform beneficiaries Qualifications of an agrarian reform beneficiary... ‘Special qualifications for farm workers in commercial farms ar plantations ei ‘Managerial farm workers not qualified to become Denefilae ‘Who are disqualified to become agrarian reform ‘beneficiaries. 2 Factors tobe considered in determining the size ‘of land to e awarded... ‘Transfer of ownerahip to the beneficiaries not automatic. ‘When don he DAR ne Certifeate of Land Owner Avard(CLOA).. CLOA is indefensible. Cancellation of CLOAS ve Grounds for Cancellation of CLOAS... & as B8E88 2 2 2 2 geeeeegeR are ‘When will the rights and obligations of benefiiarios Obligations of Agrarian Reform Beneficiaries Individual titles for every benefit secnnes soe Conditions for issuance of collective tities. ‘Tie must inate dat tun EP of CLA Schedule of payment Basis of amortization, [Bfect of failure to pay the amorizations.. Sale or transfer of awarded lands prohibited ‘Meaning of hereditary succession Elect of sale or transfer to the Government ot ‘the Land Bank Can a bonoficiary who has not fully paid the amortizations sell the land to another CCan the beneficiary lease the land to another person... Can the beneicry lease the land tothe former land owner. ‘Right over standing crops at the tim of acqlaton. Modes of ditsbation + ae Entitlement to homelat and sina farniot ‘The schemes under Section 31 are no longer ate : ‘The Hacienda Luisita case... Section 82 ~ A Transitory Provision Section 32 — Declared unconstitutional with respect to livestock and poultry. ncn or Regular Piso or Prawn Far WoPk er nn Value of shares ‘The Land Bank now determines the valuation ‘The Import of the Law. Establishment of Agrarian Reform Communitio. Support services to beneficiaries ‘Meaning of Rural Women... Support Services for Landowner, ‘The Import ofthe Law Opening of agravian settlements in spacial areas ampontion ef th Presidential Arian frm Counal (PARC). Composition of the PARCCOM.. ‘Manner of implementation ofthe Agrarian "Reform Program. a Composition ofthe Barangay Agrarian Reform ‘Counell (BARC) x os n B % 4 5 % 6 7 n 8 78 eggeeee2 8 esesees ‘Munetions of the BARC under Bxocutive Order No. 229. Logal assistance Rulemaking power of DAR and PARC. "Two-Foldjarisdiction of the Department of ‘Agrarian Reform (DAR).. "The quas judicial jurisdiction of the DAR. ‘The quash judicial powors of the DAR. ‘The Provincial Agrarian Reform Adjudicators (PARAD) Appeal fom the decisions of the PARAD. ‘The Regional Agrarian Reform Adjudicators (RARAD) DARAB has no juriediction over matters pertaining to ownership. ARAB has no jurisdiction over retention or ‘exemption issues. DARAB has no jurisdiction over right of way iene ARAB has no juriadletion to identify and classify landholdings for agrarian reform eoverage x. ARAB has no jurisdiction over matters pertaining to ‘identification and selection of beneficiaries. Agrarian cate directly filed in court ~ action to be taken... eal personality of unregistered assiatons anne ‘be challenged. ‘uailal Review Frivolous or dilatory appeals. Prerequisite to fling of «complaint before the DARAB BARC Certification not needed in judicial determination of just compensation ‘The remedy from an adverse ruling ofthe DAR, ‘The Import af the Law. ‘The RTC should be designated as Spesial Agrarian Court. ‘Additional jurisdiction ofthe Special Agrarian ‘Court (SAC). Just compensation preliminarily determined by the DARAB should be fled with the SAC within ‘teen (15) days from notice nn Objections to the Commissioners report. Interloatory Orders. Remedy from adverse decision of the Special ‘Agrarian Court... : Remedy from adverse decision of the ‘Court of Appeal ‘The 16day period is non-extendible Applicability of the Rules of Court a 109 110 110 an ua na ua ng 119 19 120 120 121 at 128 18 129 129 19 130 oes deposition of agrarian cases isthe ojctive. Funding of just compensation Role ofthe Land Bank Meaning of conversion, Conversion difers from reclassification [fect of reclassification Scope of DAR¢'s conversion authority ‘Who ean apply for conversion, ‘When is the proper time to fle the appliation or conversion Under what conditions can an application for conversion be filed. ‘Obligations ofthe beneficiary ifthe application for conversion is approved. ‘Lands that eannot absolutely be subject to conversion. ‘Areas highly yestrcted from conversion. Effect of failure to implement the approved ‘conversion plan. Conversion of pubic agricultural lands to ihponds aversion of privat girl lan to taped Purpose of Inventory.ous ‘The Import of the Provision. Change of crops does not need DAR approval “and infra to bnelaro exempted fo taxes and fees. : Exemption from registration foe. [No injunetion policy. Inter-Agency Cooperation : Alfidavit of aggregate landholding ~ a requirement for registration When the bank or financial institution i deemed ns ‘the new landowne n When the bank or financial institution is deemed ‘se Her-holde. Rights and privileges ofthe bank or financial Institution as new landowner, Rights and privileges ofthe bank or financial institution a8 lienholder... Obitigations of the bank or financial institution 'as the new landowner. ‘Obligatins ofthe bank or financial insitation ‘a iencholdr. ‘The term of contractual arrangements will be respected. 130 132 13 134 134 14 134 135, 136 135 136 136 136 137 138 138, 139 40 140 ui ui at aaa saa ua 14a 4 ry 145, us 6 Hebe secured by mortgage on he land CHAPTER 2 ‘THE TENANT EMANCIPATION LAW Applicability ofthe Law ‘Tranafor of lands to tonania Size of land tobe transfered tothe tenant-farmer Stages of land transfer. Significance of the Certificate of Land Transfer (CLT). Significance of an Emancipation Patent (EP) Indefeasbiity of EPs Cancellation of EPs JJurisdietion over eanceliation of BPa.s Tenant bncciry canot ell or rr owner ofthe land, : "The tenant-farmer will pay the Land Bank. Payment of just compensation to landowner.. Retention right of landowner... Retention right under Presidential Decroo No. 27 ‘visas retention right under the CART. “Juriadicion over retention or exemption issues CHAPTER 3 ‘THE CODE OF AGRARIAN REFORMS History ofthe Code of Agrarian Reforms . Objective of the Code of Agrarian Refurme (Code of Agrarian Reforms vis-a-vis Comprehensive Agrarian Reform Lav ‘The ealiont features of the Code of Agrarian Reforma..n ‘The Code of Agrarian Reforms abolished share tenancy Extent of application ofthe leascheld principles under the Code of Agrarian Reforms Form of lease contrat ‘Terma and conditions of the lease contract. ‘Mode of payment of rental. ‘Term ofthe leat Expiration of lease contract does not terminate the Teasebold relation, 146 148, 150 152 152 153, 153 153 153 154 154 155 155 155 156 151 157 158 159 159) 159 160 160 60 161 162 163 164 164 ‘Transfer of ownership ofthe land does net terminate ‘the leatebold relation Death or physical incapacity ofthe lessee does not terminate the leasenld relation, When the agricultural leasehold is extinguished. Abandonment of the Landbolding.... Voluntary Surrender of the Landholding.- ‘Termination of leasehold by agricultural lessee Dispossescion Obligations of the agricultural lessor. Obligations of the agricultural lessee. Rights ofthe agricultural losor... Rights of agricultural lessee Right oflesee tobe indomnifiod for his labor. Right of pre-emption... Right of redemption soe Righte of agricultural workers, ‘Acts which the agricultural lessor is forbidden to do. ‘Acts which the agricultural lessee i forbidden to do Enforeenbility of loans obtained by an agresltaral Properties ofthe lessee that are exempt from liens or exceution Prescription of tcion. ‘he Deparsent of Agrsan tor ‘The Land Bank... CHAPTER 4 DOMESTIC WORKERS ACT Applicability of the Law Meaning of Domestic Worker Minimum age for employment of domestic workers Hiring of domestic worker : Recruitment of domestic workers by private ‘employment agencies Liability of private employment agencie. $esponsiity of pate emplorment agen Recruitment and Finder's Fee Employment Contract. Basic contents of the employment contract Rogistration of domestic workers. Terms and conditions of empayment of domestic 164 165, 185, 186 166 188 187 168 188 170 170 170 m 173 1% 1% 15 175 15 176 176 178 181 181 183, 183 183, 184 184 185, 185, 185, 186 186 Rights and privileges of domestic workers. Obligations of domestic workers ‘Araw ng mga hasambahay. Prohibited Activities When the employment relation can be terminated Wffectof termination without notie or before the ‘stipulated period... "The just cares for termination of employment ‘by the domestic worker... ‘The just causes for termination of employment by the employer. Ccertifate of Employment. Criminal sete Criminal sanction CHAPTER 5 ‘THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995 Migrant Worker Deployment of Migrant Workers. bility of the POBA Governing Board, Government Officials and Employees. : Compulsory Insurance Coverage for agency hired "lgrant workers Disqualiieation Coverage of the insurance. Repatriation of migrant workers Emergency Repatriation. Repatriation of underage migrant workers — mandatory. legal reeruitment of migrant workers ‘Syndicated Megal Reerutmént.. [Large-Scale legal Recruitment. Economic Sabotage Who ean fle the criminal complaint for illegal recruitment, Proecrptive period for illegal recruitment of migrant Wot Penalty for legal recruitment of migrant workers ‘Juriediction of the POEA. Power of POEA to order covure of establishment. Elect of elowure order Remedies from 2 closure order 189 191 191 191 192 192 198 193 194 195 208 208, 205, 206, 206, 207 207 Who ean flea motion to reopen the establishment. Who ean fle motion to lft closure order. Ground for lifting ofthe closure order. Appeal receripiive perio for fing administrative case POEA has no jurisdiction over claims of migrant work Relief for ilgally dlemissed migrant workers ‘eeruitment agencies are solidarily liable with the prinipal.. [Exceptions to the solidary liability rae. ‘Sarvices and privileges available to migrant workers. ‘Migrant Workers Day. CHAPTER 6 THE PATERNITY LEAVE ACT OF 1998 ‘Meaning of Paternity Leave. Coverage of the Law. Duration of paternity ieave [Not convertible to cash Conditions for entitlement of paternity leave. ‘When to avail of the paternity leave. How to aval of the paternity leave. Pro of diab or miscerage CHAPTER 7 ) THE SOLO PARENTS’ WELFARE ACT OF 2000 ‘Solo Parent Benefits available to a solo parent. Flexible work schedule. Parental leave for solo parents ‘iousing benefits aducational benefits| Medical Assistance CHAPTER / MAGNA CARTA OF PERSONS WITH DISABILITY Persona with disability. ses ‘Rights and privileges of persons with disability 207 208, 208, 200 209 209 210 210 aia a4 a4 a4 aid 215 215, 215 216 216 air 218 218 219 29 220 21 22 22 Discrimination against persons with disability, ‘prohibited Ridicule of persone with disability, prohibited Vilifeation of persons with disability, probibited.. ‘Tax incentives for benefactors Penal sanctions CHAPTER 9 ‘THE SPECIAL PROTECTION (OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT Purpose ofthe Lav. Meaning of children, Employment of children Suspension or cancellation of work permit, Hours of Work of Working Children ‘Prohibited child employment Handling of child's income or property. Child abuse ~ a criminal aflense ‘Child prostitution or sexual abuse ‘Attempt to commit child prostitution (Child Traficking. Attempt to commit child trafficking ‘Obscene publications and indecent shows. Other acts of child abuse. ‘Sanctions for erring establishments... ‘ariadiction ‘Who may file «complaint Protective custody ofthe child Confidentiality. Protection of children in situations of armed conde. Rights of children arrested for reasons related to armed confit. eae Children in confit withthe law. ‘Minimum age of eriminal responsibility. Determination of ag. Children not eriminally ible for ertain offences ‘Procedure for taking the ehild in conflict with the Tay Into custody "Treatment of children below the age of eriminal responsibility Petition for involuntary commitment. 252 235, 235, 236 238 240 240 zat 22 245, 257 261 261 Detention pending tial. ‘Automatic suspension of sentence ‘Execution of judgment. (CHAPTER 10 ‘THE MAGNA CARTA OF WOMEN Objective ofthe Law... ‘The rights of women. hts of "Women in Epa Dificat Grcmstancs Sanctions : : Aggravating Circumstance. CHAPTER 11 / ANTLVIOLENCE AGAINST WOMEN ‘AND THEIR CHILDREN ACT OF 2004 ‘Violence aguinst women and their children. Physical violence Sexual violence rychologcal violence. Economie abuse. [Remedies of vitims of violence against women and their children... ‘The crime of violence against women and their children Aggravating circumstances. aes Prohibited defense Battered woman syndrome’ Publi eimess Exemption from liability [No compromise on crimes involving vilence against ‘women and their children Venue of eriminal action Protection order ‘Who ean file petition for protection order. How to obtain protection order Barangay Protection Order (BPO) ‘Judicial Protection Order. Enforeeabiity of protection orders Confidentiality of Proceedings. Custody of children awe fr vein flings women fd their children enn 1 defense for the woman, i 261 262 263 265 267 217 218 219 280 281 281 22 282 283 283 286 286 286 286 287 287 287 287 288 238 289 201 207 207 207 CHAPTER 12 /ANTL-TRAFFICKING OF PERSONS ACT OF 2003 Meaning of Trafficking in Persons ‘Acta of Tracking in Persons. ‘Acts that promote Trafficking in Persons Qualified Trafficking in Persons Use of Trafficked Persons Vere of criminal action. Who may fle a complaint Trmmunity fom eriminal prosecution. Institution of Criminal and Civil Actions. Prescriptive period... Confidentiality of proceedings CHAPTER 13 ‘THE ANTE-SEXUAL HARASSMENT ACT OF 1995 Meaning of sexual harassment. Whore ean sexual harassment be committed How is sexael harassment committed in a How is eoxaal harasement committed in an education or training environment Who can be victims of eual harassment. ‘Who may bo liable for sexual harassment. Obligations of employer or head of educational or "raining institution ‘Composition of the Commitee on Decorum’ ‘and Investigation. Liability of the employer, educational or training institutions Penalties. i ‘Prescriptive period. ven lastrative Cases, CHAPTER 14 _/THE SENIOR CITIZENS ACT Senior Citizen Privileges of Senior Citizens... Senior Citizen Discount and VAT Exemption applies ‘also to eredit card payments 209 209 300 201 02 303 303, 303 308 308 304 308 307 07 307 308 308 309 309 310 310 310 au au 9 Conditions for availment ofthe senior citizens? rile nnn a19 [No double discounts, saan) ‘The senior citizen's discount can be claimed as tax deduction 319 ‘Adaitional privileges for indigent senior citizens 20 Discount for DSWD-Accredited senior citizens center. 321 Incentives for Poster Care S22 ‘Addition tax deduction for private entities that ‘employ senior citizens. enn BOD Criminal Offenses and Penalties CONE sae ‘The Office for Senior Citizens Affaire su Qualifications of the OSCA Head. aa Functions ofthe OSCA. 25 (CHAPTER 15 / THE HOME DEVELOPMENT MUTUAL FUND LAW OF 1980 ‘The Forerunner ofthe Present Home Development ‘Mutual Fund, aa Objective of the Laws 327 ‘The Home Development Mutual Fund 328 Corporate Entity 325 Coverage cenne 998 Fund Contebtions 29 ‘Meaning of monthly compensation vcs 880 ‘Term of membership ose cee 330 Suspension of contribution. 320 Withdraval of contributions 330 Housing feature. nennnnsnnrrnonnn 38 ‘Waiver and suspension of coverage from the Home "Development Mutual Fund aan Subsite reieent plan sn 334 Penal provisions. oo 334 (CHAPTER 16 THE NATIONAL HEALTH INSURANCE ACT OF 1995, ‘The rationale behind the enactment of the National “Health Insurance Aetorsus sone 998 ‘The National Health Insurance Program 235 Caverage of the National Health Insurance Program 336 Hinrollment of beneficiaries nroflment Requirements. Declaration of dependents. = Health insurance ID card : Premium contributions. Premium contributions of individually-paying members ‘erons not obliged to pay premium contributions ‘remium contributions for indigent members Nenefts under the National Health Insurance Progra Health services not covered by the National Tiealth Insurance Program . Conditions for entitlement to benefits Health eare providers... Health eare providers should be accredited Payment of em vc Grounds for denial or reductions of claims Compensabilty of confinement for less than 24 hours "The Philippine Health Insurance Corporation. CHAPTER 17 / THE SOCIAL SECURITY ACT OF 1997 Development of the Law. ce Rationale behind the enactment ofthe Social Security Laven Validity of the Socal Security Lav. Construction ofthe Social Security Law Social Security Law isnot a law on succession Social Security Law isnot part ofthe taxation system. ‘Me fun of th Sxl Sealy Sytem are private fads Coverage ofthe 883 law. Compulsory coverage Bective date of coverage. Voluntary coverage. ‘When & person has secured an 888 number does it ‘ean that he is already an SSS member Can a member withdraw his membership with the SSS... Employees not covered by the 88S Law. Obligations ofthe employer Under the Social Security Law. Effet of non-roporting or noa-remittanee cnc me 348 9 349 349 349 49 350 350 351 2361 361 351 361 352 382 ct fare to make tinely remittance ‘of contribution vn Good faith isnot a defense Demand isnot condition precedent for remittance of premium contributions. Contributions of the selRemployed - Policy on the primacy of regular employment over selFemployment Effect of interruption of business or profeesional income Effect of separation from employment. ‘The Social Security Boneitn.u Maternity Leave Benefit Sicknest Benefit Permanent Total Disability Benefta..- Permanent Partial Diabllity Benefits Retirement Benefits. Death Benefits. Funeral Benefits "The Primary Beneficiaries "The Secondary Beneficiaries ‘The dependents... ‘The dependents pension wren ‘The Social Security System (SSS) nnn Social Security System may sue and be sued ‘The Social Security Commission (SSO). esnsnnnn ‘Quasi juicial functions ofthe SSC — Appeal from decisions of the SSC. i‘ (CHAPTER 18 ‘THE GOVERNMENT SERVICE INSURANCE SYSTEM ACT OF 1997 Coverage of the Government Service Insurance ‘System (GSIS) Compulsory membership. Employees not subject to compulsory coverege of the GSIS ron Classes of GSIS membership. Elective date of GSIS membership Separation from the service doos not terminato GSIS membership enn ‘The GSIS benefits Separation benefits 369 369 310 310 am am an 372 {Unemployment or involuntary separation benefits. ormanent Total Disability Benefits. irmanent Partial Disability Benefits, ‘Tomporary Total Disability Benefits. Huspension of disability benefits Vorfoitare of disability benefits otirement Benes... Hurvivorship Benefits Mineral Beni ou Life Insurance Benefit rescriptive period for filing of claims an 313 315 316 377 37 378 379 381 381 381 INTRODUCTION ‘Agrarian Law ‘Tho term “agrarian” ie derived from the Latin word “ager,” ‘which means a field. Lexicelly, the word agrarian means “relating to land or tothe ownership or division of land.” Agrarian law, therefore, basically refers to the distribution of public agricultural lands, large estates, and regulation of the rolationship between the landowner and the farmer who works on tho land. It embraces all laws that govern and regulate the rights fand relationship over agricultural lands between landowners, tenants, lessees or agricultural workers, Presently, the focus of agrarian laws is on agrarian reform, the thrust of whichis tho redistribution of agriultural lands. Our basic Taw on Agrarian Reform is the Comprehensive Agrarian Reform Law} supplemented by the Tenant Emancipation Law" and the Code of Agrarian Reforms: ‘The primary objective of the agrarian reform program is to breakup agricultural lands and transform them into economicsize farms to be owned by the farmers themselves, with the end in view ‘of uplitng their eoelo-sconomie status. ‘The agrarian reform program is founded onthe vight of farmers ‘and regular farm workers who are landless, #o own directly or collectively the lands they til o, inthe case of other farm workers, ‘wreceive a just share in the fruits thereot = EE at tay, Cone in DAR Administrative Order No.0 set 000. Social Legislation ‘There is no precise definition for socal legislation, Social legislation is oo broad that itcovere labor Ines, agrarian laws, and ‘wolfe laws. The emphasis is more on the aspect of general public {ood and social welfare. Essentially, these are laws or statutes fenacted pursuant tothe social justice lause of the Constitution, CHAPTER 1 ‘THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1998, REPUBLIC ACT NO. 6657 (As amended by Republic Act Nos. 7881, 7905, 8592 and 9700] AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR, TTS IMPLEMENTATION, AND FOR OTHER PURPOSES. CHAPTER PRELIMINARY CHAPTER, SECTION 1. Title. ‘This Aet shall be known as the Com- prehensive Agrarian Reform Law of 1998, NOTES: ‘Agrarian Law Agrarian law embraces all laws that govern and regulate the ‘ights and relationship over agricultural lands between landowners, ‘tenants, lessees or agricultural workers, History of Philippine Agrarian Laws Daring the Spanish era, the relationship between landowners ‘and tenants was governed by the Clvil Code, particulary by the ‘Special Provisions for Rural Leases. During the American regime, the Rice Share Tenancy Act: ‘was promulgated. This law regulated the relationship between 4 AORARIAN LAW AND SOCIAL LEGISLATION Set landlords and tenants on rice lands, Thereafter, the Sugar Tenancy ‘Act? was enacted to regulate tho relationship between landlords and tenants on lands planted to sugarcane, During the commonweslth period, Commonwealth Act 53 ‘was passed. This law recognized the testimony of the tenant as Dima face evidence of the terms of a tenaney contract that Was not reduced in writing in a Inguage known to him. Subsequently, (Commonwealth Act 178 was enacted to amend the provisions of the Rice Share Tenaney Act, Thereafter, Commonwealth Act 271 was enacted to amend Act No. 4113 by extending it application to sugar {arm workers. Aferwards, Commonwealth Act 461 was enacted to provide security of tenure to agricultural tenants, Thislaw was later ‘amended by Commonwealth Act 608 After the grant of independence, Republic Act No, 34 was en- ‘acted to amend the Rice Share Tenaney Act by introducing changes in crop division. Thereafter, the Agricultural Share Tenancy ‘Act: was enacted. This law repealed all the earlier tenancy laws ‘xoopt the Sugar Tenaney Act. Subsequently, Republic Act No, 2268 famended Republic Act No. 34 ‘Thereafter, Republic Act No. 1400 was passed, setting in ‘motion the expropriation ofall tenanted estates. On’ August 13, 41963, the Agricultural Land Reform Code: was enacted. ‘The Agricultural Land Refbrma Code abolishod share tenancy. a ita place, it instituted the agricultural leasehold eystem, The Agricultural [Land Reform Code was ater amended by Republic Act No, 6389 and ‘was denominated as the Code of Agrarian Reforms. Immediately after the declaration of martial law, President Fordinand E. Marcos promulgated the Tenant Emancipation Law which provided for the transfer of lands primarily devoted orice and corn to the tenants. Thereafter, the Court of Agrarian Relations was reorganized with the enactment of Presidential Decree No. 946. Subsequently, Presidential Decree No. 1038 was ‘promulgated to strengthen the security of tonure of tenants in non- ‘ee or com agricultural lands. The Code of Agrarian Reforms was later amended by Presidential Decree Nos. 251,444, 1039, and 1817. IRA No a8 “THE COMPREHENSIVE AGHARIAN REFORDELAW OF 086 (On July 17, 1987, President Corazon C. Aquino, exercising her wwors under the Transitory Provisions of the 1887 Constitution, Innued Executive Order No. 28 (declaring full land ownership in fhwor ofbenoiciaries under Presidential DeereeNo.27) and Execttive Onler No. 229 (providing the mechanic for ite implementation. uhsoquently, Proclamation No. 131 insitating a comprehensive syrarian reform program was ist. On June 10, 1988, the Comprehensive Agrarian Reform Law of 1988" was enscied. Thereafter, Republic Aet Nos. TS81, 7H05, 8582 and 9700 were enacted to amend certain provisions of the Comprehensive Agrarian Reform Law. Meaning of Agrarian Reform Agrarian Reform means the redistxibution oflands, regardless ‘fers or faite produced to farmers and regular farmworkers who ‘ire landless, irespectve of tenurial arrangement, to include the lutality af factors and support services designed to it the economic slats of the beneficiaries and all other arrangements alternative lo the physical redistribution of lands, such as production or profit= sharing, labor administration, and the distribution of shares of ‘locks, which wil allow beneficiaries to recelve a just share ofthe Traits of the lands they work Gleaned from the foregoing definition, it ean bo soon that ‘agrarian reform is not confined to distribution of lands to landless firmers and regular farmworkers — it includes other alternative modes, such as: (a) labor administration; () prfitsharing, and (©) lock distribution. The reason ie because to confine agrarian reform {o land distribution is simply not feasible, considering there is not ‘enough agricultural land thet can be distributed to every farmer or ‘ragular Tarmwvorker. Applicability of the Comprehensive Agrarian Reform Law ‘Tho Comprehensive Agrarian Reform Law applies only to agricultural lands. Te does not apply tolands classified as residential, ‘commercial, industrial, mineral, o forestland aes ere enemas eee ese eeg see ® [AGRARIAN LAW AND SOCTAL LEGISLATION Se Ing of Agricultural Land ‘Agricultural land refers to land devotod to agricultural activi ties, It eontemplates lands that are arable and suitable for farm- [NATALIA REALTY V. DAR 326 SCRA 279 1983) [RACTS: Natalia est, ne. (NATALIA) isthe oxner of = 125heetare land in Antpol, Ras. On April 18, 1878, ‘Presidential Proclamation No. 1697 st aude 20,31 hectares of Iand loated Antipolo, San Mateo and Montalban as townsite ‘rout to aor the population ever isthe metropolis The NATALIA properticn were atuated within the reas proclaimed fe townate reservation Private landowners wer allowed to develop their proper- tis nt lwccot hosing sbdivinins wih the reservation ‘The Human Setlements Regulatory Commision (ow Hou fn Land Use Ragulatry Beard) grasted NATALIA the neces ‘ary permit to develop che land into a subdivision, When the Compechonsive Agrarian Reform Lew took cater on Tune 15, 1988, the Departnent of Agrarian Reform faeued » Notice of Coverage on the undeveloped portions ofthe Subdivision: NATALIA songht the espceliton of Use Nolin af {Coverage onthe ground that the land in question ceased t be ‘gzcutaral lands when Presidential Proclamation No. 1657 ‘ransformed i inl a owt reservation, ISSUE: Whether or not the undeveloped portions of ‘the NATALIA properties aro covered by the Comprehensive ‘Agrarian Reform Lew. HELD: The undeveloped portions of the NATALIA properties are not covered by the Comprehensive Agrarian Roar Law cates they erenotagrcutsrllands Agricultural lands dont ied crmercal ndastral or residential lands ‘The NATALIA properties nse tobe agrealtarl lands pon ‘pproval fer inclusion i the townaite reservation ee 5 a, Camprehensive avin fe Law a mend Lz Farms» Sertary of Avian frm, 102 SORA BI De Geum ¥ Couto Appeal, 506 hese cunrren 7 Constitutionaity ofthe Comprehensive Agrarian Reform Law ‘The Comprehensive Agrarian Reform law is not unconstitue onal because i isa valid exercise of police power: SECTION 2. Declaration of Principles and Policies — He ts the poliey of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare ofthe landless farmers fand farmworkers will receive the highest consideration {o promote social justice and to move the nation toward sound rural development and industrialization, and the @xlablishment of owner cultivatorship of economic-size {farms as basis of Philippine agriculture. ‘The State shall promote industrialization and full ‘omployment based on sound agricultural development and tugrarian reform, through industries that make full and offcient use of human and natural resources, and which are ‘competitive in both domestic and foreign markets: Provided, ‘That the conversion of agricultural lands into industrial, commercial or residential lands shall take into account, Ullere’ rights and national food security. Further, the State shall protect Filipino enterprises against unfair foreign ‘competition and trade practices. ‘The State recognizes that there is not enough agricul» tural land to be divided and distributed to each farmer and regular farmworker so that each one ean own his/her eco- nomle-tize farm. This being the case, a meaningful agrarian reform program to uplift the lives and economie status of the farmer and hishher children can only be achieved through simultaneous industrialination aimed at developing m self reliant and independent national ceonomy effectively con- trolled by Filipinos. ‘To this end, the Siate may, in the interest of national welfare or defense, establish and operate vital industries. A more equitable distribution and ownership of land, ‘with due regard to the rights of landowners to just compen- sation, retention rights under Section 6 of Republic Act 6657, Tiassa of Smal Landowner. Satay Agra Raf, 2TBSCRA . [AGRARIAN LAW AND SOCIAL LEGISLATION ie 2 ‘98 amended, and to the ecological needs of the nation, shall bbe undertaken to provide farmers and farmworkers with the ‘opportunity to enhance their dignity and improve the qual- ity of their lives through greater productivity of agricultural lands. ‘The agrarian reform program is founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just Aistribution ofall agricultural lands, subject to the priorities ‘and retention limits set forth in this Act, taking into account ‘ecological, developmental, and equity considerations, and Subject to the payment of just compensation. The State shall rrespeet the rights of small landowners, and shall provide incentive for voluntary land-sharing. ‘As much as practicable, the implementation of the program shall be community-based to assure, among others, That the farmers shall have greater control of farmgate prices, and easier access to credit. ‘The State shall recognize the right of farmers, farm- workers and landowners, as well as cooperatives and other Independent farmers’ organizations, to participate In the planning, organization, and management of the program, fand shall provide support to agriculture through appropri- ‘te technology and research, and adequate financial, pro- ‘duction, marketing and other support services. ‘The State shall recognize and enforce, consistent with ‘existing laws, the rights of rural women to own and control land, taking into consideration the substantive equality between men and women as qualified beneficiaries, oreceive fa just share of the fruits thereof, and to be represented in ‘Advisory or appropriate decision-making bodies. These Tights shall be Independent of their male relatives and of their civil status. ‘The State shall apply the principles of agrarian reform, ‘or stewardship, whenever applicable, in accordance with Taw, in the disposition or utilization of other natural resources, including lands of the public domain, under Tease or concession, suitable to agriculture, subject to prior Mp COMPRERENSIVE AGRARIAN _ thts, homestead rights of small settlers and the rights of Indigenous communities to their ancestral lands ‘The State may resettle landless farmers and farmwork- ors in its own agricultural estates, which shall be distributed {to them in the manner provided by law. By means of appropriate incentives, the State shall ‘encourage the formation and maintenance of economic-size fumily farms to be constituted by individual beneflelaries ‘and small landowners. ‘The State shall protect the rights of subsistence fisher- men, especially of local communities, to the preferential use ‘of communal marine and fishing resources, both inland and ‘offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production and marketing assistance and other services ‘The State shall also protect, develop and conserve such resources. The protection shall extend to offshore fishing itrounds of subsistence fishermen against foreign intrusion. Flshworkers shall receive a just share from their labor in the utilization of marine and fishing resources. ‘The State shall be guided by the prineiples that land has f social function and land ownership has a social respon sibility. Owners of agricultural land have the obligation to ‘cultivate directly or through labor administration the lands ‘they own and thereby make the land productive. ‘The State shall provide incentives to landowners to Invest the proceeds of the agrarian reform program to promote industrialization, employment and privatization ‘of public sector enterprises. Financial instruments used as ‘payment for lands shall contain features that shall enhance ‘egotiability and acceptability in the marketplace. ‘The State may lease undeveloped lands of the public domain to qualified entities for the development of capital- intensive farms, and traditional and pioneering erops especially those for exports subject to the prior rights of the beneficiaries under this Act.” TT add by RA No, 900 0 AGRARIAN LAW AND SOCIAL LEGISLATION se NOTES: ‘The Primary Objective of Agrarian Reform ‘The primary objective of agrarian reform is to breakup ‘agricultural lands and transform them into economic-sie farms ‘to be owned by the farmers themselves, with the ond in view of uplifting ther socioweeonomie status. ‘The agrarian reform program i founded onthe right of farmers and rogular farm workers who are landlese, to own directly or collectively the lands they tiller, in the case of ether farm workers, to receive a just share in the fruits thervof= But it does not guarssiee Jmprovement inthe lives ofthe agrarian reform beneficiaries — at best, it merely provides for a possibility or a favorable chance of uplifting the eeonomie status of tho agrarian reform beneficiaries, ‘which may or may not be attained.» Meaning of Economie Family-Size Farm [Bconomic family-size farm means an area of farm land that permits efficent use of labor and capital resourees of the farm {family and will produce an income sufficient to provide a modest standard of living to meet a farm family’s needs for fod, lething, shelter, and education with possible allowance for payment of yearly installments on the land, and reasonable reserves to absorb yearly fluctuations in income. SECTION 8. Definitions. — For the purpose of this Act, unless the context indieates otherwin (a) Agrarian Reform means the redistribution of lands, regardless of crops or fruits produced (o farmers and regu: lar farmworkers who are landless, irespective of tenurial arrangement, to include the tolality of factors and support services designed to lift the economic status of the beneficia- ries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-shar- ing, labor administration, and the distribution of shares of "Tanda nae. ARG SCR To "ee 180), Cae of Agron Harn ended hes cuarree1 a ‘locks, which will allow beneficiaries to receive a just share Of the fruits ofthe lands they work. () Agriculture, AgriculturalEnterpriseor Agricultural ‘Activity means the cultivation of the soil, planting of crops, rowing of frult trees, Including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by persons whether natural or juridical ()_ Agricultural Land refers to land devoted 0 agei- cultural activity as defined in this Act and not classified as, mineral, forest, residential, commercial or industrial land. (@) Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stowardship or otherwise, over lands devoted to agriculture, Including disputes concerning farmworkers’ associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements. includes any controversy relating to compensation of lands acquired under this Act and other terms and conditions of transfer of ownership from landowners to farmworkers, ‘tenants and other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of farm operator ‘and beneficiary, landowner and tenant, or lessor and lessee. (©) Idle or Abandoned Land refers to any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specifie economic purpose continuously {for a period of three (3) years immediately prior to the re- ceipt of notice of acquisition by the government as provided lunder this Act, but does not include land that has become permanently or regularly devoted to non-agricultural pur- Doses. Tt does not include land which has become unproduc- tive by reason of force majeure or any other fortuitous event, Provided that prior to such event, such land was previously ‘used for agricultural or other economie purpose. (Farmer refers to a natural person whose primary livelihood ix cultivation of land or the production of agricultural crops, livestock and/or fisheries elther by ‘himselherself, or primarily with the assistance of his/her 2 [AGRARIAN LAW AND SOCIAL LEGISLATION Bes Immediate farm household, whether the land is owned by Ihimfher, or by another person under a leaschold or share tenancy agreement or arrangement with the owner thereof" (@) Farmworker is a natural person who renders services for valueasan employee or laborer in an agricultural ‘enterprise or farm regardless of whether his compensation Is paid on a daily, weekly, monthly or “pakyaw" basis. The term includes an individual whose work has coased as a consequence of, or in connection with, a pending agrarian ‘dispute and who has not obtained a substantially equivalent ‘and regular farm employment. (h) Regular Farmworker is a natural person who is ‘employed on a permanent basis by an agricultural enterprise ‘or farm. (@) Scatonal Farmworker is a natural person who is ‘employed on a recurrent, periodic or intermittent basis by ‘an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer, such as “dumaan,” “sacada,” ‘and the like. @_ Other Farmworker is a farmworker who does not {fall under paragraphs (g), (h) and (i). (o)_ Cooperatives shall refer to organizations composed primarily of small agricultural producers, farmers, farm- Workers, or other “agrarian reform beneflelaries who Voluntarily organize themselves for the purpose of pooling land, human, technological, financial or other economic resources, and operated on the principle of one member, one vote. A juridical person may be a member of a cooperative, with the same rights and duties as a natural person. () Rural women refer to women who are engaged

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