AGRARIAN LAW AND SOCIAL LEGISLATION – ASSIGNMENT FOR NEXT MEETING (PUP COLLEGE OF LAW, 1ST SEMESTER, SCHOOL YEAR 2018-2019)
HISTORICAL AND LEGAL BACKDROP
- The encomienda system of plantations in the Philippines
- The Philippine Bill of 1902
- Friar lands acquisition
- The Philippine Rice Share Tenancy Act (of 1933)
- State’s maiden attempt at enacting a major land reform law via Land Reform Act of 1955
- From Agricultural Land Reform Code to Code of Agrarian Reforms
- Emancipating the tenants from the bondage of the soil
- The Comprehensive Agrarian Reform Program
- Achievements under CARPER
II. REPUBLIC ACT NO. 6657 OR THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, AS AMENDED
SECTION 1. TITLE.
- Title of the law
- Etymology and origin of the word “agrarian”
- Statutory definition of “agrarian reform”
SECTION 2. DECLARATION OF PRINCIPLES AND POLICIES.
- Principles and policies declared by the State
- Constitutional basis
- Bastion of social justice of poor landless farmers
- Foundation of agrarian reform program; ways to achieve its goals
- “Collective,” “collectively” and “collective ownership defined
- CARL provisions allowing collective ownership
- Guiding principles and strategies for program implementation
SECTION 3. DEFINITIONS.
- Definitions of terms used in the CARL
SECTION 4. SCOPE.
- Coverage of the CARL
- Lands under PD 27 also covered by CARL
- Specific lands covered by the program
- Simplified categories
- Titled properties
- Resettlement areas and reservations
- Untitled private agricultural lands
- Alienable and Disposable (A & D) lands defined
- Landholdings not covered by CARP
- Agricultural land and Agricultural activity defined
- Requisites before placing land under the coverage of the CARL
SECTION 5. SCHEDULE OF IMPLEMENTATION.
- Period of distribution of lands covered by CARL
- DAR as lead implementor of CARP with rule-making power
SECTION 6. RETENTION LIMITS.
- Retention defined
- Purpose of retention right of the landowner
- Santiago v. Ortiz-Luis, GR 186184 & 186988, Sept. 20, 2010, 630 SCRA 670
- Rationale for the grant of the right of retention
- Retained area defined
- Danan v. CA, GR 132759, Oct. 25, 2005, 474 SCRA 113
- Policies on the exercise of retention right
- Maximum area of retention
- For the landowner
- For landowners whose lands have been covered by PD 27
- Retention area under PD 27
- Requirements for coverage under OLT of PD 27:
- Requirements for exercise of landowner’s right of retention under PD 27
- Daez v. Court of Appeals, GR 133507. Feb. 17, 2000, 325 SCRA 856
- Landowner who exercised retention right under PD 27no longer entitled to the same right under CARL
- New retention rights under CARL for landowners who have yet to exercise their retention rights under PD 27
- Sandueta v. Robles, GR 203204. Nov. 20, 2013, 710 SCRA 491
- For original homestead grantees or their direct compulsory heirs
- Almero v. Pacquing, GR 199008. Nov. 19, 2014, 741 SCRA 209
- Children of landowner as potential beneficiaries; qualifications of children-awardees
- Qualified child may own up to 5 hectares inclusive of awarded land
- When children of landowner disqualified from becoming ARB in another landholding
- Who may apply for retention
- Right of land owner to choose the area to be retained; tenant’s option to choose to remain or be a beneficiary of another area
- When landowner must manifest intention to retain and indicate exact location of area to be retained
- Specific periods for landowner to exercise right of retention under CARL
- Obligation of the landowner to cultivate the retained area
- Waiver by landowner of his right of retention
- When MARO authorized to choose the area to be retained by the landowner
- Factors to be considered by MARO in selecting retention area for the landowner
- Period for tenant to exercise option to choose
- Certificate of retention
- Recourse where tenant declines to be a leaseholder but there is no available land to transfer to
- Proof of existence of agricultural tenancy
- Landicho v. Sia, GR 169472, Jan. 20, 2009, 576 SCRA 602
- NICORP Management and Development Corporation v. De Leon, GR 176942 & 177125, Aug. 28, 2008, 563 SCRA 60
- Requisites of agricultural tenancy
- Gelos v. Court of Appeals. GR 86186, May 8, 1992; Caballes v. DAR, GR 78214, Dec. 5, 1988, 168 SCRA 247
- Cultivation construed
- Immediate farm household defined
- Instances when dual tenancy is allowed
- Rights of tenant or agricultural lessee
- Rule on retention for couple-landowners married under the Civil Code or the Family Code
- Cancellation of EPs and CLOAs issued on lands forming part of owner’s retained area
- Prior tenurial rights respected
- Contracts executed prior to or upon effectivity of CARL
- Legality of transfer or sale of awarded land; when DAR clearance necessary
- Review of limits of land size
SECTION 6-A. EXCEPTION TO THE RETENTION LIMITS
- Agricultural lands subject of expropriation
- Exercise by LGU of power of eminent domain on agricultural lands for public use
SECTION 6-B. REVIEW OF LIMITS OF LAND SIZE.
SECTION 7. PRIORITIES.
- Priorities in land acquisition and distribution
- Order of priority as basis of land acquisition and redistribution
- Target date for land acquisition and distribution
- Guidelines to implement the priorities and distribution scheme
SECTION 8. MULTINATIONAL CORPORATIONS.
- Public lands held by multinational corporations
- Multinational corporation defined
- Modes of disposition
- Privately owned lands leased by MNCs to be distributed not later than 10 years after CARL effectivity
- Direct distribution to individual worker-beneficiaries or to workers’ cooperative or association
- No diminution of benefits or impairment of vested right
- Application of CARL provision on production and income-sharing
- Transfer of technology
- Parity rights
SECTION 9. ANCESTRAL LANDS
- CARL and IPRA as social legislations
- Rights of indigenous cultural communities to their ancestral lands to be protected and respected
- When CARL implementation may be suspended
- Ancestral domain defined
- Ancestral land defined
SECTION 10. EXEMPTIONS AND EXCLUSIONS.
- Lands exempted from the scope of the CARL
- Coverage of previously exempted agricultural lands
- Lands excluded from the scope of the CARL
- All lands duly classified by the proper local government unit (LGU) as commercial, industrial, or residential as of 15 June 1988 – See Natalia Realty v. DAR, 225 SCRA 278
SECTION 11. COMMERCIAL FARMING
- Commercial farms redefined
- “Private agricultural lands, devoted to commercial livestock, poultry and swine raising” in the definition of “commercial farms” – Luz Farms v. Secretary of DAR, GR 86889. Dec. 4, 1990, 192 SCRA 51
- Commercial farm deferment
- Purpose of deferment
- Start of 10-year deferment period in case of new commercial farms
- Distribution of commercial farms to individual ARBs or to their cooperative or association
- Mode of acquisition
- Mode of distribution
- Qualifications of beneficiaries
- Types of Agribusiness Venture Arrangements
- Essence of Agribusiness Venture Arrangements
NOTE: Digest/dissect all the given cases and write them on yellow pad paper (one case per sheet), place them neatly in a sliding folder with cover page and table of contents, and submit them during our class for recording and affixing of initials. Late/incomplete submissions will not be accepted.