October 17, 2011

COURSE OUTLINE FOR AGRARIAN REFORM LAW

[Law 148]
UP College of Law, 2nd Semester, SY 2011-2012
Atty. Hector D. Soliman
Professorial Lecturer, UP College of Law
Former Undersecretary of the DAR and currently Consultant
Burkley and Aquino Law Office
2008 J ollibee Plaza, Emerald Avenue, Ortigas Center, Pasig City
Phone 638-3505/email: hdsoliman@yahoo.com
Mobile 0917 533 2692
Course Description
This two unit course is designed to provide law students an insight into the core concepts of
agrarian reform law as designed and implemented under RA 6657 (as amended). A historical
background shall be provided, and the key ideas of this social justice legislation will be
examined. The student will also be given a detailed analysis of the dispute resolution mechanism
within the DAR and the DAR Adjudication Board. Finally, the student will also be given a live
case to handle, and apply his/her analytic skills in the proposed resolution of the case by writing
a case matrix and a draft decision.
Course Requirements
1. Active Participation in Class Discussions and at least 14 class attendance days (30%).
2. Paper and Presentation: Case Analysis and Draft Decision (30%).
3. Final Exams [Multiple Choice Questions on J urisdiction and Essay Questions on Key AR Law
Concepts] 40%.
Useful Reference
DAR Legal Information System (http://www.lis.dar.gov.ph/).
Course Outline
Session One Organizational Meeting
Overview of the Course on Agrarian Law.
General Concepts of Agrarian Reform.
Organizational Matters and Course Completion.
Common Make Up Time.
Class Coordinators.
Email Group.
Session Two Introduction
Historical Background and Progression of Legislation.
Article: Law on Agrarian Reform, by Recaredo Barte, 1991 Edition, pp. 1-18 (Introduction).
Article: The Development of Post War Philippine Land Reform: Political and Sociological
Explanations By David Wurfel in Second View from the Paddy, Antonio Ledesma, Perla Q.
Makil & Virginia A. Miralao, eds., Institute of Philippine Culture, Ateneo de Manila, 1983.
RA 3844 as amended by RA 6389 (Agricultural Land Reform Code) August 8, 1963.
PD 27 (Emancipation of Tenants from the Bondage of the Soil) Oct. 21, 1972.
Executive Order 228 (Declaring Full Land Ownership to Qualified Beneficiaries covered by PD
27) 17 J uly 1987.
Executive Order 129-A (Modifying EO 129 Reorganizing and Strengthening DAR) 26 J uly
1987.
Proclamation 131 (Instituting a Comprehensive Agrarian Reform Program) 22 J uly 1987.
RA 6657 (Comprehensive Agrarian Reform Program) J une 10, 1988.
RA 7881 (Amending the CARP) February 20, 1995.
RA 9700 (Strengthening the CARP) August 7, 2009.
Sec. 2 RA 6657 (as amended by RA 9700) Declaration of Principles and Policies
Session Three Land Acquisition
LAND ACQUISITION the transfer of private and public lands to farmer beneficiaries.
Sec. 3a Definition of Agrarian Reform.
Sec. 4 Scope of the Program.
Sec. 7 Priorities of Coverage.
Sec. 16 Land Acquisition (Compulsory Acquisition).
Sec. 19 Land Acquisition (Voluntary Offer to Sell).
Association of Small Landowners in the Philippines et. al., versus Secretary of Agrarian Reform,
GR. No. 79310, J uly 14, 1989 (175 SCRA 343).
Roxas vs. Court of Appeals (GR. No. 127876, Dec. 17, 1999).
VARIATIONS ON LAND ACQUISITION
Sec. 31 Corporate Landowners (Stock Distribution Option).
Hacienda Luisita Inc. versus Presidential Agrarian Reform Council et. al., GR. No. 171101, J uly
5, 2011.
Sec. 6 para. 1 Award of Lands to Children of Landowners.
Reference: DAR Adm. Order No. 2, series 2009 RULES AND REGULATIONS ON THE
ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS under RA 6657 as
amended by RA 9700.
Session Four Retention, Exemption and Exclusions.
LANDS NOT COVERED BY LAND ACQUISITION: Retention Rights, Exemptions and
Exclusions.
Sec. 6 of RA 6657 Retention Rights (c.f. with retention right under PD 27) Alita vs. Court of
Appeals (170 SCRA 706, 1989)
Reference:
.
DAR Adm. Order No. 2 series 2003 2003 Rules of Procedure on Landowners
Retention Rights.
Sec. 10. Exemptions and Exclusions.
Sec. 3 c in relation to DOJ Opinion No. 44 s. 1990 and the case of Natalia Realty et. al. versus
DAR, GR. No. 103302, August 12, 1993.
References: DAR Adm. Order No. 13 series 1990 Rules and Procedures Governing
Exemptions of Lands Under Sec. 10 of RA 6657.
DAR Adm. Order No. 4 series 2003 2003 Rules on Exemption of Lands under Sec. 3c, RA
6657 and DOJ Opinion 44 s. 1990.
Luz Farms vs. Secretary of Agrarian Reform, GR. No. 86889, December 4, 1990 (192 SCRA
51).
Department of Agrarian Reform Petitioner, vs. Delia T. Sutton et. al., Respondents. [G.R. No.
162070. October 19, 2005.].
Milestone Farms, Inc., petitioner, vs. Office of the President, respondent. [G.R. No. 182332.
February 23, 2011.]
RA 7881 (1995) Exempting Prawn Farms and Fishponds from CARP.
Reference: DAR Adm. Order No. 3, series 1995 Rules and Regulations on the Exemption of
Fishponds from the Coverage of CARL pursuant to RA 7881.
Central Mindanao University versus DARAB (215 SCRA 85, 1992) [compare with DAR vs.
DECS].
Department of Agrarian Reform, petitioner, vs. Department of Education, Culture and Sports
(DECS), respondent. [G.R. No. 158228. March 23, 2004.]
Province of Camarines Sur vs. CA, 222 SCRA 173 (1993).
ROXAS & COMPANY, INC., petitioner, vs. DAMBA-NFSW and the DEPARTMENT OF
AGRARIAN REFORM, respondents. [G.R. No. 149548. December 4, 2009.]
Session Five Land Valuation
LAND VALUATION the process of determining the just compensation for the land owners,
the modes of payment and the review/appeal process in case the value is deemed too low.
Land Valuation under Operation Land Transfer (PD 27).
Read PD 27 and EO 228 and the valuation formula (para. 4, PD 27 and Sec. 2 of EO 228) Sec 17
and 18, RA 6657.
Sec. 16 (d) in relation to the authority of the DAR to revalue the property.
Read Section IV D of DAR Adm. Order No. 2, series 2009 (Valuation).
LAND BANK OF THE PHILIPPINES vs. HON. ELI G. C. NATIVIDAD, G.R. No. 127198.
May 16, 2005.
J OSEFINA S. LUBRICA vs. LAND BANK OF THE PHILIPPINES, G.R. No. 170220.
November 20, 2006.
Association of Small Landowners in the Philippines et. al., versus Secretary of Agrarian Reform,
GR. No. 79310, J uly 14, 1989 (175 SCRA 343) [pertinent portions on just compensation].
Land Bank vs. CA and Pedro Yap (GR. No. 118712, Oct. 6, 1995).
Authority of the DAR Adjudication Board over land valuation cases (see Article XIX of the
2009 DARAB Rules of Procedure).
Session Six Land Redistribution
LAND REDISTRIBUTION the awarding of lands to qualified beneficiaries once the property
has been "expropriated" by the government, the payment by the beneficiaries to the government
and the subsequent sale or transfer of the distributed land to third parties after distribution.
Secs. 22, 23, 24, 25, 26 and 27, RA 6657, as amended.
The principle of affordability to the farmers, and government financing of transaction costs.
Indefeasibility of Titles
SAMUEL ESTRIBILLO, et al., petitioners, vs. DEPARTMENT OF AGRARIAN REFORM and
HACIENDA MARIA, INC., respondents. [G.R. No. 159674. J une 30, 2006.]
Session Seven Land Tenure Improvement
LAND TENURE IMPROVEMENT LTI the improvement of the tenurial and socio-
economic status of the farmers short of transferring full ownership of the land
a) Improvement of the Leasehold Relationship
Sec. 12. Determination of Lease Rentals.
What constitutes a leasehold relationship?
Caballes vs. DAR, GR. No. 78214, December 5, 1988 (168 SCRA 247).
Gelos vs. Court of Appeals (208 SCRA 608, 1992).
Gabriel vs. Pangilinan (58 SCRA 590, 1974).
Reference: Administrative Order No. 2, s, 2006, Revised Rules and Procedures Governing
Leasehold Implementation in Tenanted Agricultural Lands
b) Production Sharing (Sec. 32)
c) Alternative Business Arrangements (J oint Economic Enterprises in a Post Distribution
Scenario: Making Landowner-Farmer Partnership Work (DAR Adm. Order No. 9, s. 2006).
Session Eight Conversion of Agricultural Lands
CONVERSION The actual change of the land use from agricultural, to residential, industrial
or commercial, of lands which could have potentially been covered under the CARP.
Sec 65, RA 6657.
Conversion of Agricultural Lands: What is the difference between exemption, conversion and
reclassification?
J ose Luis Ros, et al., Petitioners, vs. Department of Agrarian Reform Respondents. [G.R. No.
132477. August 31, 2005.]
CHAMBER OF REAL ESTATE AND BUILDERS ASSOCIATIONS, INC. (CREBA),
petitioner, vs. THE SECRETARY OF AGRARIAN REFORM, respondent. [G.R. No. 183409.
J une 18, 2010.]
Sec 20 of RA 7160 (Local Govt. Code).
Memo Circular No. 54 s. 1993, Office of the President (Prescribing the Guidelines governing
Sec. 20 of RA 7160 Authorizing Cities And Municipalities to Reclassify Agricultural Lands to
Non-Agricultural Uses.)
Reference: DAR Administrative Orders No. 1, s. 2002 2002 Rules and Regulations on the
Conversion of Agricultural Lands to Non-Agricultural Uses.
The Hon. Carlos Fortich et al. vs. The Hon. Renato Corona, GR. No. 131457, April 24, 1998
(Decision, Opinion and Resolution of the Motion for Reconsideration).
Decision of the Office of the President on the Sumilao Case (on the Revocation of the
Conversion Order).
VIDEO SHOWING: LUPANG HINARANG, by Ditsi Carolino.
Session Nine Mechanisms for Program Implementation
The Presidential Agrarian Reform Council (Secs. 41, 42, 43, 49).
The Provincial Agrarian Reform Coordinating Committee (Sec. 44-45).
The Barangay Agrarian Reform Committee (Secs. 46-48).
The Department of Agrarian Reform (Executive Order 129-A, dated J uly 26, 1987).
The DAR Adjudication Board (Sec. 13, EO 129-A).
Financing the Program
Sec. 63 of RA 6657, in relation to Secs. 21 and 22 of EO 229.
RA 8532, (1998). Augmenting the Agrarian Reform Fund with an Additional Fifty Billion Peso
Budget.
RA 9700, Sec. 21 amending Sec. 63 of RA 6657.
Session Ten Agrarian J ustice or the Resolution of Agrarian Disputes
Quasi J udicial Powers of the DAR (Agrarian J ustice) the mechanisms to determine the status
of the land, entitlements of beneficiaries, and other agrarian matters and disputes which may
require mediation, conciliation, determination or adjudication. This topic includes actions by the
DAR, the DAR Adjudication Board and the RTC acting as a Special Agrarian Court.
Secs. 50-53 of RA 6657 as amended.
Distinction between Cases in the Administrative Implementation of the Program (ALI) and
Cases for Adjudication : DAR Adm. Order No. 3, s. 2003 (2003 Rules on Agrarian Law
Implementation [ALI] Cases)
2009 Rules of Procedure of the DARAB.
Rufina Vda de Tangub vs. Court of Appeals, UDK 9864, December 3, 1990 (191 SCRA 885).
Sta. Rosa Realty Development Corporation versus J uan Amante et al. (G.R. No. 112526, March
16, 2005).
Authority of the DAR Secretary to nullify titles under the CARP (Sec. 24 of RA 6657 as
amended by Sec. 9 of RA 9700).
Reference: DAR Adm. Order No. 6. Series 2011 [September 21, 2011] The 2011 Revised Rules
and Procedures Governing the Cancellation of Registered Emancipation Patents (EPs),
Certificates of Landownership Award (CLOAs), and Other Titles Issued Under any Agrarian
Reform Program.
DEPARTMENT OF AGRARIAN REFORM, petitioner, vs. ROBERTO J . CUENCA et al,
respondents. [G.R. No. 154112. September 23, 2004.]
Determination of an Agrarian Dispute for cases filed in courts and prosecutors office [Sec. 19,
RA 9700].
READ: DAR Administrative Order No. 3, series 2011 (J uly 19, 2011): Revised Rules and
Regulations Implementing Sec. 19 of RA 9700 (J urisdiction on and Referral of Cases that are
Agrarian in Nature).
DOJ Department Circular No. 40, dated J une 7, 2010 [Guidelines on the Investigation and
Referral of Cases to the DAR pursuant to Sec. 19 of RA 9700].
OCA Circular No. 62-2010 dated April 28, 2010 on the Implementation of Secs. 7 and 50-A of
RA 6657, as amended.
Sec. 57, The role of the Special Agrarian Courts in land valuation and penal provisions.
Phil. Veterans Bank vs. CA et al., (GR. No. 132767, J an. 18, 2000).
LAND BANK OF THE PHILIPPINES, petitioner, vs. RAYMUNDA MARTINEZ, respondent.
[G.R. No. 169008. August 14, 2007.]
LAND BANK OF THE PHILIPPINES VS. HEIRS OF ELEUTERIO CRUZ, G.R. No. 175175,
September 29, 2008.
LAND BANK OF THE PHILIPPINES vs. LEONILA P. CELADA, G.R. No. 164876. J anuary
23, 2006.
Land Bank vs. CA and J ose Pascual (GR. No. 128557, Dec. 29, 1999).
Modes of Appeal/Review from the DARAB.
Rule 43 of the Rules of Court.
Sec. 54 of CARL, in relation to Rule 65 of the Rules of Court.
Session Eleven Support Services.
Support Services for the Farmers and Landowners Secs. 36-39 RA 6657 as amended.
Prohibited Acts in the CARP Law Sec. 73, RA 6657 as amended.
Session Twelve till the End of the Term.
Presentations of the Case Briefs and Draft Decisions in Class (Interactive Sessions/groupings and
order of presentation to be determined).
FINAL EXAMINATIONS (by agreement of the class).
GOOD LUCK AND MAY THE FORCE BE WITH YOU.