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    A L S L: Grarian AWS AND Ocial Egislation

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    Jhanna Ramos
    This document outlines the principles and concepts of agrarian reform and social legislation in the Philippines. It discusses the constitutional basis for agrarian reform laws, the applicability of the Comprehensive Agrarian Reform Law of 1988 to agricultural tenancy, and the modes of land acquisition and redistribution. It also addresses the determination of just compensation for acquired lands, the resolution of agrarian disputes, and key social legislation like the Social Security Act, Government Service Insurance System Act, Domestic Workers Act, and Solo Parents' Welfare Act.

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    A L S L: Grarian AWS AND Ocial Egislation

    Uploaded by

    Jhanna Ramos
    14 views5 pages
    This document outlines the principles and concepts of agrarian reform and social legislation in the Philippines. It discusses the constitutional basis for agrarian reform laws, the applicability of the Comprehensive Agrarian Reform Law of 1988 to agricultural tenancy, and the modes of land acquisition and redistribution. It also addresses the determination of just compensation for acquired lands, the resolution of agrarian disputes, and key social legislation like the Social Security Act, Government Service Insurance System Act, Domestic Workers Act, and Solo Parents' Welfare Act.

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    This document outlines the principles and concepts of agrarian reform and social legislation in the Philippines. It discusses the constitutional basis for agrarian reform laws, the applicability of the Comprehensive Agrarian Reform Law of 1988 to agricultural tenancy, and the modes of land acquisition and redistribution. It also addresses the determination of just compensation for acquired lands, the resolution of agrarian disputes, and key social legislation like the Social Security Act, Government Service Insurance System Act, Domestic Workers Act, and Solo Parents' Welfare Act.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    14 views5 pages

    A L S L: Grarian AWS AND Ocial Egislation

    Uploaded by

    Jhanna Ramos
    This document outlines the principles and concepts of agrarian reform and social legislation in the Philippines. It discusses the constitutional basis for agrarian reform laws, the applicability of the Comprehensive Agrarian Reform Law of 1988 to agricultural tenancy, and the modes of land acquisition and redistribution. It also addresses the determination of just compensation for acquired lands, the resolution of agrarian disputes, and key social legislation like the Social Security Act, Government Service Insurance System Act, Domestic Workers Act, and Solo Parents' Welfare Act.

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    of 5

    AGRARIAN LAWS AND SOCIAL LEGISLATION

    I. BASIC PRINCIPLES and CONCEPTS of AGRARIAN


    REFORM

    A. Agrarian Reform, defined (Section 3, R.A. No. 6657, as


    amended)

    B. Constitutional Provisions

    1) Article II, Section 21, 1987 Constitution


    2) Article XII, Section 1, 1987 Constitution
    3) Article XIII, Section 3, 1987 Constitution
    4) Article XIII, Section 4, 1987 Constitution
    5) Article XIII, Section 5, 1987 Constitution
    6) Article XIII, Section 6, 1987 Constitution
    7) Article XIII, Section 8, 1987 Constitution

    C. Other important definitions (Section 3, R.A. No. 6657,


    as amended)

    1) Agricultural Land
    2) Agrarian Dispute
    3) Farmer
    4) Farmworker
     Types of farmworker

    D. Constitutionality of R.A. 6657

    1) Police Power
    2) Eminent Domain

    Related Jurisprudence:
     Association of Small Landowners in the
    Philippines vs. Secretary of Agrarian Reform,
    G.R. No. 78742
     Luz Farms vs. Secretary of Agrarian Reform,
    G.R. No. 86889

    II. APPLICABILITY of R.A. No. 6657

    A. Agricultural Tenancy

    1) Elements

    1 | Pag e
    Related Jurisprudence:
     Cayetano and Tiongson, et al. vs. Court of
    Appeals, et al., G.R. No. L – 62626
     Stanfilco Employees Agrarian Reform
    Beneficiaries Multi-Purpose Cooperative vs.
    DOLE Philippines, G.R. No. 154048
     Mendoza vs. Germino, G.R. No. 165676

    2) Right of Security of Tenure

    Related Jurisprudence:
     Talavera vs. Court of Appeals, G.R. No. 77830
     Milestone Realty and Co., Inc. vs. Court of
    Appeals, G.R. No. 135999
     Villaviza, et al. vs. Panganiban, et al., G.R. No.
    L – 19760

    3) Right of Pre-Emption and Redemption

    a) Section 11, R.A. No. 6389, as amended


    b) Section 12, R.A. No. 6389, as amended

    4) Share Tenancy

    a) Section 4, R.A. No. 6389, as amended


    b) P.D. No. 1425

    III. LAND ACQUISITION

    A. Legal Provisions

    1) Section 3 (a), R.A. No. 6657, as amended


    2) Section 4, R.A. No. 6657, as amended
    3) Section 7, R.A. No. 6657, as amended

    B. Modes of Acquisition

    1) Section 16, R.A. No. 6657, as amended


    2) Section 19, R.A. No. 6657, as amended
    3) Section 20, R.A. No. 6657, as amended
    4) DAR Administrative Order No. 2, Series of 2009

    Related Jurisprudence:
     Roxas and Co., Inc. vs. Court of Appeals, G.R.
    No. 127876

    2 | Pag e
     Hacienda Luisita Case (Corporate Landowners:
    Stock Distribution Option – read with Section
    31, R.A. No. 6657, as amended)

    C. Retention Rights

    1) Section 6, R.A. No. 6657, as amended


    2) P.D. No. 27
    3) Section 10, R.A. No. 6657, as amended
    4) DAR Administrative Order No. 11, Series of 1990
    5) DAR Administrative Order No. 2, Series of 2003
    6) Supplemental Guideline DAR Administrative Order
    No. 4, Series of 1991

    Related Jurisprudence:
     Natalia Realty vs. Department of Agrarian
    Reform, G.R. No. 103302

    IV. JUST COMPENSATION

    A. Definition

    Related Jurisprudence:
     Hacienda Luisita vs. Presidential Agrarian
    Reform Council, G.R. No. 171101

    B. Land Valuation

    1) Sections 17 and 18, R.A. No. 6657, as amended


    2) DAR’s Authority over land valuation cases (Article
    XIX of the 2009 DARAB Rules of Procedure)
    3) Procedure for Acquisition of Private Lands in case of
    landowner’s rejection or failure to reply (Section
    16(d), R.A. No. 6657, as amended)

    Related Jurisprudence:
     Land Bank of the Philippines vs. Natividad,
    G.R. No. 127198
     Lubrica vs. Land Bank of the Philippines, G.R.
    No. 170220
     Land Bank of the Philippines vs. Court of
    Appeals and Pedro Yap, G.R. No. 118712

    V. LAND REDISTRIBUTION

    A. Sections 22-27, R.A. No. 6657, as amended

    1) Qualified Beneficiaries
    3 | Pag e
    2) Distribution Limit
    3) Award Ceiling

    B. Principle of affordability to the farmers

    Related Jurisprudence:
     Land Bank of the Philippines vs. Palmares, G.R.
    No. 192890

    C. Indefeasibility of Titles

    Related Jurisprudence:
     Estribillo, et al., vs. Department of Agrarian
    Reform and Hacienda Maria, Inc., G.R. No.
    159674

    VI. RESOLUTION OF AGRARIAN DISPUTES

    A. Sections 50-53, R.A. No. 6657, as amended

    Related Jurisprudence:
     Tangub vs. Court of Appeals, UDK No. 9864

    B. Authority of DAR Secretary to nullify titles (Section 24,


    R.A. No. 6657, as amended)

    4 | Pag e
    PART II – SOCIAL LEGISLATION

    I. SOCIAL SECURITY ACT OF 1997

    II. GOVERNMENT SERVICE INSURANCE SUSTEM ACT


    OF 1997

    III. DOMESTIC WORKERS ACT

    IV. SOLO PARENTS’ WELFARE ACT OF 2000

    5 | Pag e

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