AGRARIAN LAW AND SOCIAL LEGISLATION

REVISITED, SCHOOL YEAR, 2021-2022

ATTY. SALVACION TAN-VENUS

(Provincial Agrarian Reform Adjudicator, Retired.)

Lecturer - Professor, College of Law
Central Philippine University

OVERVIEW OF THE LAWS

Presidential Decree No. 2 - Proclaiming the entire country as a Land Reform

area which was proclaimed on the 26th day of September, 1972.

Presidential Decree No.27 - It was by virtue of the Martial Law powers on

September 21, 1972 of Ex-President Ferdinand E. Marcos, then the President
of the Philippines that he wrote with his own handwriting.

Presidential Decree No. 27 - (EMANCIPATION DECREE) which took

effect on October 21, 1972 which decree emancipates the tenants from the bondage
of the soil, by transferring to them the ownership of the lands they till and
providing for the mechanisms and instruments therefor.

e·man·ci·pa·tion
[əˌmansəˈpāSH(ə)n]

NOUN

1. the fact or process of being set free from legal, social, or political restrictions;
liberation. "the emancipation of feminist ideas"

Synonyms:

freeing · liberation · liberating · setting free · release · releasing · letting loose/out ·

setting loose/free · discharge · unchaining · unfettering · unshackling · untying

the freeing of someone from slavery"

the early struggle for emancipation from slavery"

Executive Order No. 228 - Declares full landownership to qualified farmer-

beneficiaries covered by PD. No. 27, determining the value of the still unvalued
rice and corn lands subject of PD. No. 27; and providing for the manner of
payment by the farmer-beneficiaries and mode of compensation to the landowner.
(Done in the City of Manila, this 17th day of July, 1987) and signed by Ex-
President Corazon C. Aquino, President of the Republic of the Philippines).

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 Section 2 - Henceforth, the valuation of rice and corn lands covered by
PD. 27 shall be based on the Average Gross Production (AGP) determined by the
Barangay Committee on Land Production (BCLP) in accordance with Department
Memorandum Circular No. 26, Series of 1973 and related issuances and
regulations of the DAR.

PROCLAMATION NO. 131 - Instituting a Comprehensive Agrarian

Reform Program, approved in the City of Manila, Philippines, this 22nd day of
July, 1987 by Corazon C. Aquino. President of the Philippines.

Section 2. Created a Special Fund to be known as the Agrarian Reform

Fund (ARF), an initial amount of Fifty (50) Billion Pesos to cover the estimated
cost of the CARP program from 1987 to 1992 which shall be sourced from the
receipts of sale of the assets of the Asset Privatization Trust and receipts of sale of
ill- gotten wealth.

EXECUTIVE ORDER NO. 229 - Providing the mechanism for the

implementation of the Comprehensive Agrarian Reform Program, approved by
President Corazon C. Aquino, on the 22nd day of July, 1987. It created the
Presidential Agrarian Reform Council (PARC) as the highest policy-making
body that formulates all policies, rules and regulations necessary for the
implementation of the Comprehensive Agrarian Reform Law.

mech·an·ism[ˈmekəˌnizəm]

NOUN

1. a system of parts working together in a machine; a piece of machinery.

"the gunner injured his arm in the turret mechanism"

Synonyms: apparatus · machine · appliance · tool · device · implement · utensil

1. a natural or established process by which something takes place or is

brought about.

“we have no mechanism for assessing the success of forwarded inquiries"

Synonyms: procedure · process · system · operation · method · technique ·

workings

“a contrivance in the plot of a literary work, his Irma La Douce is a musical

based on the farce mechanism"

Section 1 Scope - The Comprehensive Agrarian Reform Program (CARP)

shall cover regardless of tenurial arrangement and commodity produced, all
public and private agricultural land as provided in Proclamation No. 131 dated July
22, 1987, including whenever applicable in accordance with law, other lands of
the public domain suitable to agriculture.

Tenurial | Definition of Tenurial at Dictionary.com

https://www.dictionary.com/browse/tenurial

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 Tenurial definition, the holding or possessing of anything: ... But in East
Anglia there is no such simplicity of arrangement, no such permanence of
tenurial.

Chapter IV- Implementing and Coordinating Mechanisms

Section 17. QUASI JUDICIAL POWERS OF THE DAR- The DAR is

hereby vested with quasi-judicial powers to determine and adjudicate agrarian
reform matters (ARM) and shall have exclusive original jurisdiction over all
matters involving the implementation of agrarian reform, except those falling
under the exclusive original jurisdiction of the Department of Environment and
Natural Resources (DENR) and the DA.

The DAR shall have the powers to punish and to cite a person for contempt
and to issue subpoena, subpoena duces- tecum and writs to enforce its orders and
decisions.

The decision of the DAR, may, in proper cases, be appealed to the RTC but
shall be immediately executory notwithstanding an appeal.

(In the process of the implementation of the CARP, involves always a legal
dispute in any stage of the implementation. This is what the lawyers want this is
where the lawyers get their upkeep for the day)

Section 17 of EO. No. 229 vested the DAR with quasi-judicial powers to
determine and adjudicate agrarian reform matters as well as exclusive original
jurisdiction over all matters involving the implementation of agrarian reform
except those falling under the exclusive original jurisdiction of the DENR and the
DA.

What is a quasi-judicial function or power?

It is a term which applies to the actions, discretions etc., of public

administrative officers or bodies x x x x required to investigate facts or ascertain
the existence of facts, hold hearings and draw conclusions from them as basis of
their official actions and to exercise discretion of a judicial nature. (akin to a
court because what kind of discretion is exercised? judicial in character or
nature.)

DEFINITION:

QUASI-JUDICIAL AGENCIES - are those administrative agencies in the

government expressly entrusted with judicial functions or impliedly authorized to
resolve judicial question in the exercise of their administrative functions.
The term “quasi-judicial functions” applies to the action, discretion, etc., of
public administrative officers or bodies, who are required to investigate facts, hold
hearings and draw conclusions from them, as a basis for their official action, and to

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exercise discretion of a judicial nature. (Midland Insurance Corporations vs.
Intermediate Appellate Court, citing Black’s Dictionary, Fifth Edition, 1973,
p.1121.

Agencies with express judicial functions are those agencies that have been
expressly conferred jurisdiction over disputes or controversies that otherwise
would have been decided by courts of general jurisdiction without the express
judicial conferment of such power.

Examples are the National Labor Relations Commission, Insurance

Commission, the Securities and Exchange Commission and the Civil Aeronautics
Board and in 1988, the Department of Agrarian Reform Adjudication Board which
was created under the Office of the Secretary of the Department of Agrarian
Reform by virtue of Executive Order No. 129-A.

EXECUTIVE Order No. 129-A - Modifying Executive Order No. 129-

Reorganizing and Strengthening the Department of Agrarian Reform, and for other
Purposes, approved on the 22nd Day of July, 1987.

Section 4 Mandate - The Department shall be responsible for implementing

the Comprehensive Agrarian Reform Program and, for such purpose, it is
authorized to create: (DAR is the lead implementing agency in the implementation
of the Comprehensive Agrarian Reform Program).

Section 18 Legal Affairs Office - There is hereby created a Legal Affairs

Office (LAO) within the Department Proper which shall be responsible for the
review of contracts and other legal matters, the rendition of legal assistance to the
Department personnel and those who will be affected by the agrarian reform
program.

Section 21 Bureau of Agrarian Legal Assistance (BALA) in existence -

shall be strengthened and shall be responsible for developing guidelines, plans and
programs for legal assistance including developing, maintaining and coordinating
legal services for those who will be affected by the CARP. It shall be headed by
the Director and assisted by an Assistant Director.

Section 24. Regional Offices - Meaning all throughout the Philippines. In

Region VI, the regional office is situated in Balantang, Jaro, Iloilo City.

Section 25 Provincial Offices - Districts were abolished and in their stead

the Department shall create Provincial Agrarian Reform Offices as maybe
necessary. One Provincial Office in each province. In Region VI, the Provincial
Office of Iloilo is located in St. Clement’s Compound, Lapaz, Iloilo City. Negros
Island Region (NIR) which was part of Region VI before is now a new region, it is
Region18 consisting of Negros Occidental and its Provincial Offices which are
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Negros Occidental South and North. (but later reintegrated with Region VI for lack
of budget).

Section 26 Municipal Offices - there is a Municipal Agrarian Reform Office

in every municipality headed by a Municipal Agrarian Reform Program Officer or
the MARPO.

DEPARTMENT OF AGRARIAN REFORM is the lead implementing

agency in the implementation of the Comprehensive Agrarian Reform Program.

COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, otherwise

RA. 6657 as amended by RA. 7881, 7905, 8532 and RA. 9700 otherwise known as
CARPER (Comprehensive Agrarian Reform Program Extension with Reforms)

An act instituting a Comprehensive Agrarian Reform Program to promote

social justice and industrialization, providing the mechanisms for its
implementation, and for other purposes.

This act was approved on June 10, 1988 and took effect on June 15, 1988
after publication in at least two (2) newspapers of general circulation.

It ushers in a new process of land classification, acquisition and distribution.

As to be expected, RA. 6657 met stiff opposition, its validity or some of its
provisions challenged at every possible turn. Association of Small Landowners in
the Philippines, Inc. v. Secretary of the DAR stated the observation that the
assault was inevitable, the law being an untried and untested project “an
experiment[even], as all life is an experiment,” the Court said borrowing from
Justice Holmes.

RA 7881-An act amending certain provisions of RA. 6657, which RA 7881

took effect in 1995.

SECTION 1. Section 3, Paragraph (b) of Republic Act No. 6657 is hereby

amended to read as follows:

“SECTION 3. Definitions. – For the purpose of this Act, unless the context
indicates otherwise:

“(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the

cultivation of the soil, planting of crops, (growing of fruit 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.”

SEC. 2. Section 10 of Republic Act No. 6657 is hereby amended to read as

follows:

“SECTION 10. Exemptions and Exclusions.

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 “a) Lands actually, directly and exclusively used for parks, wildlife, forest
reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and
mangroves shall be exempt from the coverage of this Act.

“b) Private lands actually, directly and exclusively used for prawn farms and
fishponds shall be exempt from the coverage of this Act: Provided, That said
prawn farms and fishponds have not been distributed and Certificate of Land
Ownership Award (CLOA) issued to agrarian reform beneficiaries under the
Comprehensive Agrarian Reform Program.

“In cases where the fishponds or prawn farms have been subjected to the
Comprehensive Agrarian Reform Law by voluntary offer to sell, or commercial
farms deferment or notices of compulsory acquisition, a simple and absolute
majority of the actual regular workers or tenants must consent to the exemption
within one (1) year from the effectivity of this Act When the workers or tenants do
not agree to this exemption the fishponds or prawn farms shall be distributed
collectively to the worker-beneficiaries

Section 3 Paragraph (b) of RA. 6657 is hereby amended to read as follows:

Section 3 Definitions - For the purpose of this Act, unless the context
indicates otherwise:

“(b). Agriculture, Agricultural Enterprise or Agricultural Activity means the

cultivation of the soil, planting of crops, growing of fruit 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.

Original Definition:

(b). Agriculture, agricultural Enterprise or Agricultural activity means the

cultivation of the soil, planting of crops, growing of fruit trees, raising of
livestock, poultry or fish, 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 person whether natural or juridical.

RA. 9700 (COMPREHENSIVE AGRARIAN REFORM PROGRAM

EXTENSION WITH REFORMS) which took effect on July 1, 2009. It is an act
Strengthening the Comprehensive Agrarian Reform Program (CARP), Extending
the acquisition and distribution of all agricultural lands, instituting necessary
reforms, amending for the purpose certain provisions of RA. 6657, otherwise
known as the CARL of 1988 and appropriating funds therefor.

Social Legislation consists of statutes, rules and regulations and

jurisprudence that afford protection to labor, especially to working women and
minors, and is in full accord with the constitutional provisions on the promotion of
social justice to ensure their well- being.

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 SOCIAL SECURITY LAW (SSS.) - It is the policy of the state to establish,
develop and promote a perfect and economic security of all the people.

jurisprudence
[ˌjo͝orəˈspro͞odns]

NOUN

1. the theory or philosophy of law.

Synonyms:

law · body of laws · constitution · rules · rulings · regulations · acts · bills ·

statutes · enactments · charters · ordinances · measures · canon · code

o a legal system.

"American jurisprudence"

Synonyms:

law · laws · body of law · rules · regulations · constitution · system ·

charter · canon

RA 8282 (May 01, 1987) sound and viable tax exempt SSS suitable to the
needs of the people throughout the Philippines, which shall promote social justice
and provide meaningful protection to the members and their beneficiaries against
the hazards of disability, sickness, maternity, old age, death and other
contingencies resulting in loss of income or financial burden. (Section 2)

The enactment of the SSS Law is the legitimate exercise of the people
power. It affords protection to labor and is in full accord with the constitutional
mandate on the promotion of social justice (Roman Catholic Archbishop of
Manila vs. SSS, G.R. No. 15045, January 20, 1961)

RA. 8291 - Approved on May 30, 1997.

An act amending PD. 1146, as amended, expanding and increasing the

coverage and benefits of the Government Service Insurance System, instituting
reforms therein and for other purposes.

PD. 1146 otherwise known as the REVISED GOVERNMENT SERVICE

INSURANCE ACT of 1977. (GSIS)

RA. 1199 or the AGRICULTURAL TENANCY ACT (ATA) of the

Philippines)

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 It is an act to govern the relationship between landholders and tenants of
agricultural lands (leasehold and share tenancy), which took effect on August 30,
1954).

Section 172 (repealing provision) of RA. 3844 or the Agricultural Land

Reform Code of the Philippines, as amended by RA.6389 or the Code of Agrarian
Reforms of the Philippines, the former states that “all laws or parts of any law
inconsistent with the provisions of this Code are hereby repealed”.

RA 3844 - The AGRICULTURAL LAND REFORM CODE OF THE

PHILIPPINES, as amended which took effect on August 8, 1963.
It is an act to ordain the Agricultural Land Reform Code and to institute
land reforms in the Philippines, including the abolition of tenancy and the
channeling of capital into industry, provide for the necessary implementing
agencies, appropriate funds therefor and for other purposes.

RA 6389 (Amendatory Act) It is an act amending Republic Act Numbered

Thirty-Eight Hundred and Forty-Four, as amended, otherwise known as the
Agricultural Land Reform Code of the Philippines, and for other purposes.

Section 1. This act shall be known as the Code of Agrarian Reforms of the
Philippines, which was approved on September 10, 1971.