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    COURSE SYLLABUS Agrarian Reform by Aison Garcia

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    Chedeng Kuma
    This course syllabus outlines an Agrarian Law and Social Legislation class that will discuss key principles, laws, cases and policies related to agrarian reform and social legislation in the Philippines. The class will use a combination of lectures, group work, research, films and field exposure. Major topics will include the basic principles of agrarian reform, economics and social justice, agrarian laws and their implementation, rights of landowners, land conversion, and social legislations affecting basic sectors. Students will be evaluated based on daily recitation, papers, exams, and a possible film viewing and field trip. Required readings include the major agrarian reform laws and reference materials on related topics.

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    COURSE SYLLABUS Agrarian Reform by Aison Garcia

    Uploaded by

    Chedeng Kuma
    611 views9 pages
    This course syllabus outlines an Agrarian Law and Social Legislation class that will discuss key principles, laws, cases and policies related to agrarian reform and social legislation in the Philippines. The class will use a combination of lectures, group work, research, films and field exposure. Major topics will include the basic principles of agrarian reform, economics and social justice, agrarian laws and their implementation, rights of landowners, land conversion, and social legislations affecting basic sectors. Students will be evaluated based on daily recitation, papers, exams, and a possible film viewing and field trip. Required readings include the major agrarian reform laws and reference materials on related topics.

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    AGRA LAW

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    This course syllabus outlines an Agrarian Law and Social Legislation class that will discuss key principles, laws, cases and policies related to agrarian reform and social legislation in the Philippines. The class will use a combination of lectures, group work, research, films and field exposure. Major topics will include the basic principles of agrarian reform, economics and social justice, agrarian laws and their implementation, rights of landowners, land conversion, and social legislations affecting basic sectors. Students will be evaluated based on daily recitation, papers, exams, and a possible film viewing and field trip. Required readings include the major agrarian reform laws and reference materials on related topics.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    611 views9 pages

    COURSE SYLLABUS Agrarian Reform by Aison Garcia

    Uploaded by

    Chedeng Kuma
    This course syllabus outlines an Agrarian Law and Social Legislation class that will discuss key principles, laws, cases and policies related to agrarian reform and social legislation in the Philippines. The class will use a combination of lectures, group work, research, films and field exposure. Major topics will include the basic principles of agrarian reform, economics and social justice, agrarian laws and their implementation, rights of landowners, land conversion, and social legislations affecting basic sectors. Students will be evaluated based on daily recitation, papers, exams, and a possible film viewing and field trip. Required readings include the major agrarian reform laws and reference materials on related topics.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 9

    COURSE SYLLABUS College of Law, De Lasalle University

    Subject: LAW202M Agrarian Law and Social Legislation G01 (2 units) Teacher: Atty. Aison S. Garcia Schedule: Wednesday 1900-2100 Room: A1204

    A. DESCRIPTION

    This course will discuss the basic human rights principles of Agrarian Reform, the economic basis, the Constitutional basis, the major jurisprudence and the implementing laws and administrative issuances. There will be a discussion on the procedures and rules of agrarian and tenancy cases, drafting of contracts that are compliant to agrarian laws and participating in the current policy discussions. A survey of the different social legislations affecting the basic sectors will also be discussed. The method of learning is a combination of lecture, group work, research, film viewing and field exposure.

    B. COURSE OBJECTIVES 1. To be able to know the basic principles of Agrarian Reform Program in the Philippines. 2. To be able to appreciate the rights of landowners and landless farmers and tillers. 3. To be able to advocate (i.e. cases, legislation, executive policies) the interests of landowners and the landless farmers.

    C. COURSE TOPICS

    1. Basic Principles of Agrarian Reform and Rural Development 2. Economics and Social Justice 3. Different Agrarian Laws 4. Agricultural Leashold and Tenancy 5. Agrarian Law Implementation (Coverage and Beneficiary Identification) 6. Just Compensation 7. Rights of Landowners (Retention, Protests, Exemption, Preferred Beneficiaries,etc.) 8. Land Conversion 9. Indefeasibility of Agrarian Reform Titles 10.Economic Schemes and Contracts under Agrarian Reform 11.Social Legislations

    D. REQUIRED TEXTS AND REFERENCE MATERIALS

    The following are required readings:

    Laws 1. Republic Act No. 1199 2. Republic Act No. 3844 3. Presidential Decree 27 4. Republic Act No. 6657 5. Republic Act No. 9700 6. Republic Act No. 8550 7. Republic Act No. 8371 8. Republic Act No. 7279

    A student must have basic knowledge on the following courses: Prerequisite Topics 1. Constitutional Law 1 2. Land Titles and Deeds 3. Obligations and Contracts The following are reference materials for enhancement: Reference Materials 1. CARP Impact Assessment by Arsenio Balisacan 2. Eyes Wide Shut by Atty. Gatmaitan 3. Landowners Rights by Atty. Eduardo Hernandez and Atty. Gil Alba 4. www.lis.dar.gov.ph 5. World Bank Report 2008 6. Vermuelen Making the Most Agricultural Investment (IFAD, 2010)

    E. COURSE REQUIREMENTS AND GRADING

    A. Grading

    100-99 98-97 96-95 94-93 92-91 90-89 88-87 86-85

    4 3.75 3.5 3.25 3 2.75 2.5 2.25

    84-83 82-81 80-79 78-77 76-75

    2 1.75 1.5 1.25 1

    B. Papers (topics to be assigned) Papers shall be in Font No. 12 Arial. It must be submitted in Legal Size. Plagiarism will result to a failing grade and administrative sanctions.

    C. Film Showing and Field Trip (tentative) At least one film viewing is required.

    D. Exams and Recitations a. Daily oral recitation b. Quizes c. Midterm Exam d. Final Exam

    F. CLASSROOM RULES

    1. Attendance. A student with four (4) absences shall be dropped from the course and will get a failing grade. Three (3) tardiness equivalent to one ( 1) absence. Coming in 15 minutes after 7pm is considered tardy. 2. Socratic Method of Learning 3. No using of Cellphones during class

    4. When reciting, no looking at notes. No coaching.

    G. TENTATIVE SCHEDULES

    Note: The Supreme Court Cases assignment will be added as the class progresses Concept of Agrarian Reform May 29, June 5 Constitution - Art II, Sec 10 - Art XIII, Secs 1-2 Social Justice - Calalang vs Williams (G.R. No. 47800) Police Power, Eminent Domain Land Classification and Titling (C.A. 141 and P.D. 1529) Economical Viability of small landholdings World Bank Report 2008 Vermuelen Making the Most Agriculutral Investment (IFAD, 2010) Constitutional Issues Agricultural Tenancy June 19 RA 1199, as amended by RA 2263 - Secs 3, 5(a), 5(b) RA 3844 - Secs 4-38 Elements 1. 2. 3. 4. 5. Parties are owner/possessor and tenant Subject is agricultural land Consent Purpose is agricultural production Consideration Association of Small Landholders of the Philippines vs. Secretary of Agrarian Reform (G.R. No. 78742) -

    6. Personal cultivation - Cases: o Cayetano and Tiongson vs CA (G.R. No. L-62626) o Caballes vs DAR (G.R. No. 78214) o Hilario vs. IAC (G.R. No. 70736) o Qua vs CA (G.R. No. 95318) Personal Cultivation o Guerrero vs. CA (G.R. No. L44570) Cultivation Right of security of tenure Cases: o Talavera vs CA (G.R. No. 77830) o Endaya vs. CA (G.R. No. 88113)

    o Milestone Realty vs CA (G.R. No. 135999) succession o Villaviza vs Panganiban (G.R. No. L-19760) Prescription of action

    Right of pre-emption and redemption Case: Basbas vs Entena (G.R. No. L21812) Lawful Consideration - Case: Tan vs Pollescas (G.R. No. 145568) Share tenancy, abolition RA 1199, Sec 4 Cases: o Hidalgo vs Hidalgo (G.R. No. L25326) o Guerrero vs. CA (G.R. No. L44570) -

    Latest A.O. on Leasehold Agrarian Law Implementation June 26 Coverage Livestock, above 18% undeveloped, DOJ Opinion 44 lands Beneficiary Identification

    Inclusion, Exclusion, Disqualification Just Compensation July 3 Constitution Art XIII, Sec 4 Art III, Sec 9 Cases: o Association of Small Landholders of the Philippines vs. Secretary of Agrarian Reform (G.R. No. 78742)

    R.A. 6657, as amended - Secs 17-19 RA 9700 - Sec 7 Executive Order No. 228 Formula Cases: o LBP vs Rufino (G.R. No. 175644) o LBP vs Banal (G.R. No. 143276) o LBP vs Celada (G.R. No. 164876) o LBP vs Soriano (G.R. No. 180772 and 180776)

    Latest A.O. on Just Compensation

    Time of taking Cases: o Apo Fruits vs LBP (G.R. No. 164195, 12 October 2010) o LBP vs Soriano (G.R. No. 180772 and 180776)

    Retention July 10 Constitution - Article XIII, Sec 4 R.A. 6657, as amended Sec 6

    LOI 474 Cases: Daez vs CA (G.R. No. 133507) Heirs of Grio vs CA (G.R. No. 165073) Estribillo vs DAR (G.R. No. 159674) Read Daez in consonance with the following cases: o People vs Donato (G.R. No. 79269) o PNB vs Nepopucemo Productions, Inc. (G.R. No. 139489) A.O. 7, Series 2011 Film Showing Lupang Hinarang Conversion July 17 AFMA Conversion vs Reclassification Ros vs DAR R.A. 6657, as amended - Section 65 Grounds: 1. Land ceases to be economically feasible and sound for agricultural purposes 2. Locality has become urbanized and the land will have a greater economic value for residential, commercial, or industrial purposes Prohibition: irrigated or irrigable 5 year development period Awarded land: - 5 year prohibition - Investment requirement (10%) - Full payment Cases: Alarcon vs CA (G.R. No. 152085) Province of Camarines Sur vs CA (G.R. No. 103125) Fortich vs Corona (G.R. No. 131457, 17 -

    November 1998) Cancellation and Indefeasibility of Title July 24 R.A. No. 6657, as amended by R.A. No. 9700 - Sec 24 Cases: Economic Schemes July 31 Stock Distribution Option R.A. No. 6657 - Sec 31 Case: HLI vs PARC (G.R. No. 171101, 5 July 2011 and November 2011) Heirs of Grio vs CA (G.R. No. 165073) Estribillo vs DAR (G.R. No. 159674) Deleste vs LBP (G.R. No. 169913)

    Agribusiness Venture Agreement (AVA) RA 7905,AO 9 series 2006, AO 2 series 2008

    SOCIAL LEGISLATION Aug 7-14 1. SSS and GSIS Law and Cases 2. Forestry Code, Fisheries Code, Urban and Development Housing Act, Cooperative Code, Indigeneous Peoples Rights Act

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