ATTN: STUDENTS OF AGRARIAN LAW:

1. The textbook we will be using for the entire semester is the "Agrarian Law and Social Legislation" book of
Ungos;
2. The course syllabus is attached herewith;
3. For next meeting, I will lecture on the history of Agrarian laws;
4. Reading assignment is until Section 19 of the attached course syllabus.

COURSE OUTLINE FOR AGRARIAN REFORM LAW & SOCIAL LEGISLATIONS

1st Semester, School Year 2019-2020

ATTY. JOSEPH BENEDICT G. GESMUNDO

I. The Comprehensive Agrarian Reform Law (Republic Act No. 6657)

• History of Philippine Agrarian Laws

Rice Share Tenancy Act

Sugar Tenancy Act
Agricultural Share Tenancy Act
Agricultural Land Reform Code of 1963 (Republic Act 3844)
Emancipation of Tenants from the Bondage of the Soil Act of 1972 (Presidential
Decree 27)
Declaring Full Land Ownership to Qualified Beneficiaries covered by PD 27
(Executive Order 228, 17 July 1987)
Modifying EO 129 Reorganizing and Strengthening DAR (Executive Order 129-A,
26 July 1987)
Instituting a Comprehensive Agrarian Reform Program (Proclamation 131, 22 July
1987)
Comprehensive Agrarian Reform Program of 1988 (Republic Act 6657)
Amendment to the CARP (Republic Act 7881)
Strengthening the CARP (Republic Act 9700)

• Transfer of private and public lands to farmer beneficiaries

Sec. 3(a) Definition of Agrarian Reform

Sec. 4 Scope of the Program
Sec. 5 Schedule of Implementation
Sec. 7 Priorities of Coverage
Sec. 16 Land Acquisition (Compulsory Acquisition)

Cases:

Association of Small Landowners in the Philippines et. al. vs. Secretary of

Agrarian Reform, G.R. No. 78742, July 14, 1989

Roxas & Co. vs. Court of Appeals, G.R. No. 127876, Dec. 17, 1999.

Sec. 19 Land Acquisition (Voluntary Offer to Sell)

• Lands not covered by land acquisition

 Sec. 6 Retention Rights

Cases:

Daez vs. Court of Appeals, G.R. No. 133507, Feb. 17, 2000

Rodriguez vs. Salvador, G.R. No. 171972, June 8, 2011

Sec. 10 Exemptions and Exclusions

Cases:

Alita vs. Court of Appeals, 170 SCRA 706

Natalia Realty vs. Department of Agrarian Reform, G.R. No. 103302, August
12, 1993

Luz Farms vs. Secretary of Agrarian Reform, G.R. No. 86889, December 4,
1990

Department of Agrarian Reform vs. Sutton, G.R. No. 162070, October 19,
2005

Milestone Farms, Inc. vs. Office of the President, G.R. No. 182332, February
23, 2011

Central Mindanao University vs. DARAB, G.R. No. 100091, Oct. 22, 1992

Department of Agrarian Reform vs. Department Of Education, Culture and

Sports, G.R. No. 158228, March 23, 2004

Roxas & Company, Inc. v. DAMBA-NSFR, G.R. No. 149548, December 4,

2009

Buklold ng Magbubukid vs. E.M. Ramos & Sons, G.R. No. 131481, March
16, 2011

Republic of the Philippines vs. Lopez Agri Business Corp., 639 SCRA 49

Province of Camarines Sur vs. Court of Appeals, G.R. No. 103125, May 17,
1993

• Land valuation

Sec. 17

Cases:

Hacienda Luisita vs. PARC, G.R. No. 171101, April 24, 2012

Land Bank vs. Dumlao, 572 SCRA 108

Land Bank vs. Soriano, 620 SCRA 347

Land Bank vs. Orilla, 556 SCRA 102

 Land Bank vs. Banido, 628 SCRA 454

Land Bank vs. Colarina, 629 SCRA 614

Land Bank vs. Celada, G.R. No. 164876, Jan. 23, 2006

Sec. 18

Cases:

Land Bank of the Philippines vs. Natividad, G.R. No. 127198, May 16, 2005

Lubrica v. Land Bank of the Philippines, G.R. No. 170220, November 20,
2006

Association of Small Landowners in the Philippines vs. Secretary of Agrarian

Reform, GR. No. 79310 , July 14, 1989

Land Bank vs. Court of Appeals, G.R. No. 118712, Oct. 6, 1995

Land Bank vs. Pascual, G.R. No. 128557, Dec. 29, 1999

Santos vs. Land Bank, G.R. No. 137431, Sept. 7, 2000

Land Bank vs. Court of Appeals, G.R. No. 128557, Dec. 29, 1999.

• Land redistribution

Sec. 22
Sec. 23
Sec. 24
Cases:

Mago vs. Barbin, G.R. No. 173923, October 12, 2009

Padua vs. Court of Appeals, G.R. No. 153456, March 2, 2007

Pasco vs. Pison-Arceo Agri. Dev. Corp., G.R. No. 165501, March 28, 2006

Sec. 25
Sec. 26
Sec. 27

Cases:

Estribillo vs. Department of Agrarian Reform, G.R. No. 159674, June 30,
2006

Estate of Vda. de Panlilio vs. Dizon, G.R. No. 148777, October 18, 2007

• Improvement of the Leasehold Relationship

Sec. 12. Determination of Lease Rentals

 Caballes vs. Department of Agrarian Reform, G.R. No. 78214, December 5,
1988

Gelos vs. Court of Appeals, G.R. No. 86186, May 8, 1992

Gabriel vs. Pangilinan, G.R. No. L-27797, Aug. 26, 1974

• Variations in land acquisition

Sec. 31 Corporate Landowners (Stock Distribution Option)

Hacienda Luisita Inc. vs. Presidential Agrarian Reform Council et. al, GR.
No. 171101, July 5, 2011.

• Production Sharing

Sec. 32

• Alternative Business Arrangements (Joint Economic Enterprises in a Post Distribution

Scenario: Making Landowner-Farmer Partnership Work (DAR Adm. Order No. 9, s.
2006)

• Conversion of Agricultural Lands

Sec. 65

Cases:

CREBA vs. Secretary of Agrarian Reform, 621 SCRA 295

Sta. Rosa Realty vs. Court of Appeals, G.R. No. 112526, Oct. 12, 2001

Ros vs. Department of Agrarian Reform, G.R. No. 132477, August 31, 2005

Chamber of Real Estate and Builders Associations, Inc. vs. Secrretary of

Agrarian Reform, G.R. No. 183409, June 18, 2010

Fortich vs. Corona, G.R. No. 131457, April 24, 1998

• Mechanisms for implementing the Comprehensive Agrarian Reform Program

Sec. 41 Presidential Agrarian Reform Council

Sec. 42 Presidential Agrarian Reform Council
Sec. 43 Presidential Agrarian Reform Council
Sec. 49 Presidential Agrarian Reform Council
Sec. 44 Provincial Agrarian Reform Coordinating Committee
Sec. 45 Provincial Agrarian Reform Coordinating Committee
Sec. 46 Barangay Agrarian Reform Committee
Sec. 47 Barangay Agrarian Reform Committee
Sec. 48 Barangay Agrarian Reform Committee

• Financing the Comprehensive Agrarian Reform Program

Sec. 63
• Resolution of agrarian disputes

Sec. 50
Sec. 51
Sec. 52
Sec. 53

Cases:

Tangub vs. Court of Appeals, 191 SCRA 885

Sta. Rosa Realty Development Corporation vs. Amante, G.R. No. 112526,
March 16, 2005

Department of Agrarian Reform vs. Cuenca, G.R. No. 154112, September 23,
2004

Cabral vs. Court of Appeals, G.R. No. 101974, July 12, 2001

Isidro vs. Court of Appeals, G.R. No. 105586, December 15, 1993

Heirs of Herman Rey Santos vs. Court of Appeals, G.R. No. 109992, March
7, 2000

Sta. Ana vs. Carpo, 572 SCRA 463

Laguna Estate vs. Court of Appeals, G.R. No. 119357, July 5, 2007

Alangilan vs. Office of the President, 616 SCRA 633

Concha vs. Rubio, 617 SCRA 223

• Modes of appeal or review from the DARAB

Sec. 54

• Authority of the DAR Secretary to nullify titles under the CARP

Sec. 24

• The role of the Special Agrarian Courts in land valuation and penal provisions

Sec. 56
Sec. 57

Cases:

Philippine Veterans Bank vs. Court of Appeals, G.R. No. 132767, Jan. 18,
2000

Land Bank of the Philippines vs. Martinez, G.R. No. 169008, August 14,
2007

Land Bank of the Philippines vs. Cruz, G.R. No. 175175, September 29,
2008
 Land Bank of the Philippines vs. Celada, G.R. No. 164876, January 23,
2006

Land Bank of the Philippines vs. Court of Appeals, G.R. No. 128557,
December 29, 1999

Sec. 58
Sec. 59
Sec. 60

Case:

Land Bank vs. De Leon, G.R. No. 143275, Sept. 10, 2002

• Support Services for the farmers and landowners

Sec. 36
Sec. 37
Sec. 38
Sec. 39

• Prohibited acts under the Comprehensive Agrarian Reform Program

Sec. 73

II. The Domestic Workers Act (Republic Act No. 10361)

• Applicability of the law

• Meaning of domestic worker

Cases:

Apex Mining Co. vs. NLRC, 196 SCRA 251

Barcenas vs. NLRC, 187 SCRA 498

• Minimum age for employment of domestic worker

• Hiring of domestic worker
• Basic contents of employment contract
• Registration of domestic workers
• Terms and conditions of employment
• Rights and privileges of domestic workers
• Obligations of domestic workers
• Araw ng mga kasambahay
• Prohibited activities
• Just causes for termination of employment by the domestic worker
• Just causes for termination of employment by the employer
• Certificate of Employment
• Criminal Acts
• Criminal Sanction

III. The Migrant Workers and Overseas Filipinos Act (Republic Act No. 8042)

• Definition of migrant worker

 • Deployment of migrant workers
• Liability of the POEA Governing Board
• Compulsory insurance coverage for agency-hired migrant workers
• Disqualification
• Coverage of the insurance
• Repatriation of migrant workers
• Emergency repatriation
• Repatriation of underage migrant workers
• Illegal recruitment
• Syndicated illegal recruitment
• Large-scale illegal recruitment
• Economic sabotage
• Filing of criminal complaint for illegal recruitment
• Prescriptive period for filing of criminal complaint
• Penalty for illegal recruitment
• Jurisdiction of the POEA
• Power of the POEA to order closure of establishment
• Effect of closure order
• Remedies from a closure order

IV. The Paternity Leave Act (Republic Act No. 8187)

• Meaning of paternity leave

• Coverage of the law
• Duration of the paternity leave
• Conditions for entitlement to paternity leave
• Penal Sanctions

V. The Solo Parents’ Welfare Act (Republic Act No. 8972)

• Definition of solo parent

• Benefits available to a solo parent

VI. The Magna Carta of Persons with Disability (Republic Act No. 7277)

• Definition of persons with disability

• Rights and privileges of persons with disability
• Prohibition on discrimination, ridicule, and vilification of persons with disability
• Tax incentives for benefactors
• Penal Sanctions

VII. The Special Protection of Children Against Abuse, Exploitation and Discrimination Act
(Republic Act No. 7610)

• Definition of children
• Employment of children
• Child abuse
• Child trafficking
• Other acts of child abuse
• Filing of complaint
• Confidentiality
• Protection of children in situations of armed conflict
• Children in conflict with the law
• Procedure for taking the child in conflict with the law into custody
• Treatment of children below the age of criminal responsibility
 • Petition for involuntary commitment
• Detention pending trial
• Automatic suspension of sentence
• Execution of judgment

VIII. The Magna Carta of Women (Republic Act No. 9710)

• Rights of women
• Sanctions
• Aggravating circumstances

IX. The Anti-Violence Against Women and Their Children Act (Republic Act No. 9262)

• Violence against women and children

• Remedies of victims of violence against women and children
• Battered women syndrome
• Venue of criminal action
• Barangay Protection Order
• Judicial Protection Order

X. The Anti-Trafficking of Persons Act (Republic Act No. 9208)

• Definition of trafficking in persons

• Acts of trafficking in persons
• Venue of criminal action

XI. The Anti-Sexual Harassment Act (Republic Act No. 7877)

• Definition of sexual harassment

Cases:

Floralde vs. Court of Appeals, 337 SCRA 371

Philippine Aeolous Automotive vs. NLRC, 331 SCRA 237

Domingo v. Rayala, 546 SCRA 90

• Act of sexual harassment

• Places where sexual harassment can be committed
• Obligations of employer or head of education or training institution
• Liability of the employer, education or training institution
• Penalties

Cases:

Civil Service Commission vs. Nierras, 545 SCRA 316

Villarama vs. NLRC, 236 SCRA 283

XII. The Senior Citizen Act (Republic Act No. 7432)

• Definition of senior citizen

• Privileges of senior citizens
• Conditions for availment of privileges
 • Additional tax deduction for private entities that employ senior citizens
• Criminal offenses and penalties
• The Office of the Senior Citizens Affairs

XIII. The Home Development Mutual Fund Law (Presidential Decree No. 1752)

• Objective of the law

• Corporate entity
• Coverage
• Fund contributions
• Term of membership
• Housing features
• Substitute retirement plan
• Penal provisions

XIV. The National Health Insurance Act (Republic Act No. 7875)

• Objective of the law

• Coverage
• Enrolment of beneficiaries
• Premium contributions
• Benefits under the National Health Insurance Program
• Health services not covered by the National Health Insurance Program
• Conditions for entitlement to benefits
• Health care providers

XV. The Social Security Act (Republic Act No. 1161)

• Objective of the law

• Compulsory coverage
• Voluntary coverage
• Employees not covered
• Obligations of employer
• Effect of non-reporting or non-remittance
• Effect of failure to make timely remittance of contribution
• Effect of interruption of business or professional income
• Effect of separation from employment
• Benefits

XVI. The Government Service Insurance System Act (Presidential Decree No. 1146)

• Compulsory coverage
• Employees not subject to compulsory coverage
• Separation from government service
• Benefits