agrarian law course outline

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COURSE OUTLINE FOR AGRARIAN REFORM LAW [Law 148]

UP College of Law,2nd Semester, SY 2011-2012

Atty. Hector D. SolimanProfessorial Lecturer, UP College of LawFormer Undersecretary of the DAR and currently Consultant Burkley and Aquino Law !ce"##$ %olli&ee Pla'a, (merald A)enue, rtigas Center, Pasig CityPhone *+$+-#-. email/ hdsoliman0yahoo1com

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 least 14 class attendance days (30%)

2.Paper and Presentation: Case Analysis and Draft Decision (30%)

3.Final Exams [ Multiple Choice Questions on Jurisdiction 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



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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 inSecond 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 July 1987

Executive Order 129-A (Modifying EO 129 Reorganizing and Strengthening DAR) 26

July 1987

Proclamation 131 (Instituting a Comprehensive Agrarian Reform Program) 22 July 1987

RA 6657 (Comprehensive Agrarian Reform Program) June 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



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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 AgrarianReform, GR. No. 79310 , July 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, July 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)



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Reference: DAR Adm. Order No. 2 series 2003 - 2003 Rules of Procedure on Landowners

Retention Rights

Sec. 10- Exemptions and ExclusionsSec. 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 ReformPetitioner,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.]



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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 isdeemed 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

Sec16 (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 PHILIPPINESvs. HON. ELI G. C. NATIVIDAD, G.R. No. 127198.

May 16, 2005

JOSEFINA S. LUBRICAvs. 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 , July 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



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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. June 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 (Joint 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



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Sec 65, RA 6657

Conversion of Agricultural Lands: What is the difference between exemption,

conversion and reclassification?

Jose Luis Ros, et. al.Petitioners,vs. Department Of Agrarian ReformRespondents. [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.

June 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 July 26, 1987)

The DAR Adjudication Board (Sec. 13, EO 129-A)

Financing the Program



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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 Justice or the Resolution of Agrarian Disputes

Quasi Judicial Powers of the DAR (Agrarian Justice) – 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 Juan 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



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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(July 19, 2011): Revised Rules and

Regulations Implementing Sec. 19 of RA 9700 (Jurisdiction on and Referral of Cases that are

Agrarian in Nature)

DOJ Department Circular No. 40, dated June 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, Jan. 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 PHILIPPINESvs. LEONILA P. CELADA G.R. No. 164876.

January 23, 2006

Land Bank vs. CA and Jose Pascual (GR No. 128557, Dec. 29, 1999)

Modes of Appeal/Review from the DARABRule 43 of the Rules of Court

Sec. 54 of CARL, in relation to Rule 65 of the Rules of Court

Session Eleven – Support Services



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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……

Revision October 17, 2011

agrarian law course outline

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