AGRARIAN LAWS and SOCIAL LEGISLATION (Midterm Examination)

Midterm Examination (SY 2020-21)

INSTRUCTION: Indicate properly the question you are answering. All answers must be explained
completely.

1.

When P.D. 27 was signed by Marcos, the agricultural land of Jose covered by title TCT No. T-
44689 was having the following features:

Area: 650 has.

Location: Brgy. Minapasok, Calatrava, Neg. Occ.

Area Planted to Rice: 120 has. Sugarland 425 has.

Production data: 1972 – 400 cavans of rice; 1971-390 cavans of rice; 1970 100 cavans of rice;
1969- 386 cavans of rice; 1968- 395 cavans of rice

Based on the foregoing compute the valuation of Jose based on the agrarian reform law applicable.

2.
Upon the effectivity of R.A. 6657 , Mario the only child of landowners was only 10 yrs.,old.
Said law was supposed to expire last June 16, 1988 but was extended by another law R.A 9700. It
was only this time when the agricultural land owned by Mario’s parents was subjected to a Notice of
Coverage as published in a Manila Daily Bulletin. Can Mario still exercise his right of Retention as
preferred beneficiary under R.A 9700.

3.
After receiving a Notice of Valuation from DAR, DB strongly disagreed with the value of his
agricultural land because for him, the computed amount was below the fair market value and is
obviously capricious, whimsical and is violative of his constitutional right to just compensation. He
insisted that the production data used by the fieldmen of Landbank of the Philippines do not reflect
the true production of his land. In order to counter Landbank’s computation, what documents
(records) must DB present if he wishes to elvate the matter to DARAB (Department of Agrarian
Reform Adjudication Board)?

4.
If your opinion is sought by a landowner whose land is covered by the Agrarian Reform and
is to be valued by government agencies tasked to implement the program which of the valuation
options will you suggest, and why?

a) Voluntary Land Transfer (VOS)

b) Direct payment scheme
c) Compulsory Acquisition

5.
RPB a commercial bank granted crop loans to Bungkoy in the amount of P3 million and the
hacienda which Bungkoy owned was offered as a collateral for the borrowed amount. This land of
Bungkoy was later on covered by the agrarian reform program of the government and the valuation
as computed by Landbank was only for 175,000,000 pesos. Certificates of Land Ownership Award
(CLOA) were already distributed to qualified farmer beneficiaries. What is the effect of this CARP
coverage on the loan obligation of Bungkoy to RPB considering that the amount of compensation is
not sufficient to cover the amount of loan.?

6.
A boundary dispute occurred among the identified farmer beneficiaries by the DAR due to
overlapping of boundaries since the survey was proven to be erroneous. The parties have been
prevailed not to use violence but rather amicably settle the dispute. Who has jurisdiction over this
matter, considering that the areas subject of the controversy were already issued the emancipation
patents.

7.
What are “ancestral lands” and why are they excluded from the coverage of our agrarian
reform laws.

8.
Considering that the Comprehensive Agrarian Reform Law of 1988 is silent as to the power
of the PARC to revoke or recall the Stock Distribution Option Plan, can such be revoked by PARC?
Cite decided case tp support your answer.

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NIHIL EST TAN FIRMUM QUOD VETUSTATE NON CONSUMATUR.