AGRARIAN LAW AND SOCIAL LEGISLATION – ASSIGNMENT FOR NEXT MEETING, SEPTEMBER 11, 2018 (PUP COLLEGE OF LAW, 1ST SEMESTER, SCHOOL YEAR 2018-2019)
SECTION 34. VALUATION OF LANDS.
- Formulation of land valuation scheme by PARC
- Issues of valuation and just compensation may be elevated by original action to the RTC-SAC per Section 57
- Determination of land valuation and compensation placed under LBP per EO 405
SECTION 35. CREATION OF SUPPORT SERVICES OFFICE
- Office of Support Services headed by DAR Undersecretary
- Support serviced defined
- Services to be provided by the OSS
- Need and reason for the creation of OSS
- Infrastructure facilities
SECTION 36. FUNDING FOR SUPPORT SERVICES
- 40% of CARP budget during 5-year extension period set aside for support services
- ARC to undertake integrated development of agrarian area
- DAR’s authority to package proposals and receive financial aid
- Integrated policy of support services delivery to ARBs
SECTION 37. SUPPORT SERVICES FOR THE AGRARIAN REFORM BENEFICIARIES
- Reforms to liberalize access to credit by ARBs
- Provision of support services for ARBs
- Credit facilities
- PARC tasked to formulate and adopt certain policies
- BKKK (NLSF) secretariat transferred and attached to LBP
- Sanctions for misuse of financial and support services
SEC. 37-A. EQUAL SUPPORT SERVICES FOR RURAL WOMEN
37-A.1. Rural women defined
37-A.2. Equal support services for men and women ARBs
37-A.3. Right of women to self-organization
37-A.4. Rural women to be assured of certain rights
37-A.5. DAR to set up women’s desk to protect and promote women’s rights
SECTION 38. SUPPORT SERVICES FOR LANDOWNERS
- Provision of support services to landowners affected by agrarian reform programs
- Incentives for landowner investing in rural-based industries
- Redemption by LBP of landowner’s bonds as incentive
- DAR, LBP and DTI to jointly formulate implementing guidelines
SECTION 39. LAND CONSOLIDATION.
- Land consolidation defined
- Land consolidation projects; purposes
SECTION 40. SPECIAL AREAS OF CONCERN.
- Observance of certain principles in special areas of concern forming part of CARP
SECTION 41. THE PRESIDENTIAL AGRARIAN REFORM COUNCIL
SECTION 42. EXECUTIVE COMMITTEE.
- Composition of the EXCOM
- Meetings and Decisions of the EXCOM
SECTION 43. SECRETARIAT.
- Secretariat to provide administrative support services to PARC
- Composition and funding of the Secretariat
SECTION 44. PROVINCIAL AGRARIAN REFORM COORDINATING COMMITTEE (PARCCOM)
- Composition of the PARCCOM
- Functions of the PARCCOM
SECTION 45. PROVINCE-BY-PROVINCE IMPLEMENTATION
- Formulation of guidelines for the province-by-province implementation of CARP
- Year to year adjustment of 10-year program of land distribution each province
SECTION 46. BARANGAY AGRARIAN REFORM COMMITTEE (BARC)
- Organization and composition of the BARC
SECTION 47. FUNCTIONS OF THE BARC
- Functions of the BARC
- BARC to mediate and conciliate disputes within 30 days
SECTION 48. LEGAL ASSISTANCE.
- BARC may seek legal assistance of DAR and LGU concerned
SECTION 49. RULES AND REGULATIONS.
- Rule-making powers of PARC and DAR
- Effectivity of rules promulgated by PARC and DAR
SECTION 50. QUASI-JUDICIAL POWERS OF THE DAR.
- Quasi-judicial power defined
- Specific Powers of the DAR under the CARL
- DARAB cases
- DARAB’s primary and exclusive original and appellate jurisdiction over agrarian disputes
- Appellate Jurisdiction of DARAB
- ALI cases defined
- Primary jurisdiction over ALI cases
- Appellate jurisdiction of DAR Secretary over ALI cases
- Grounds for appeals to DAR Secretary
- DAR not bound by technical rules of procedure and evidence
- Uniform rules of procedure for ALI and DARAB cases
- Coercive and contempt powers of DAR
- Representation by responsible farmer leaders before the DAR
- DAR decision immediately executory even pending appeal
- Two-fold jurisdiction of DAR
- Rosa Realty Development Corp. v. Amante, 493 Phil. 570 (2005)
- Delegation of jurisdiction over DARAB and ALI cases to DARAB and DAR Regional Offices, respectively
- Administrative implementation matters or ALI cases not cognizable by DARAB but by DAR Secretary
- ALI cases under jurisdiction of the DAR Secretary
- Jurisdiction over ALI cases
- Appellate jurisdiction over ALI cases
- Power to cancel of EPs and CLOAs
- Jose v. Novida, GR 177374. July 2, 2014, 728 SCRA 552
- Primary and appellate jurisdiction over ALI cases
- DARAB as quasi-judicial arm of DAR
- Composition of the DARAB
- Jurisdiction of the DARAB; specific cases
- Limited jurisdiction of the DARAB
- Department of Agrarian Reform v. Paramount Holdings Equities, Inc., GR 176838, June 13, 2013, 698 SCRA 324
- Appellate jurisdiction of DARAB
- Existence of tenancy relationship a condition sine qua non for DARAB to acquire jurisdiction over a case
- Proof and elements of tenancy relationship
- Suarez v. Saul, GR 166664, 20 Oct. 2005, 473 SCRA 628
- Magpily v. De Jesus, GR 167748, 8 Nov. 2005, 474 SCRA 366
- Delegation of powers to regional and provincial adjudicators
- Jurisdiction of the RARAD and PARAD
- DAR’s limited and special jurisdiction
- DARAB v. Lubrica, GR 159145. April 29, 2005
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.
Engr. Alvin Claridades 