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    Agrarian Law and Social Legislation AY 2018 - 2019 by Atty. Sigrid G. Mier

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    Jennica Gyrl Delfin
    This document provides a syllabus and case list for a course on Agrarian Law and Social Legislation. It outlines the history and development of agrarian laws in the Philippines from Spanish colonial rule through various acts, decrees, and statutes. It pays special attention to key agrarian reform laws like the Comprehensive Agrarian Reform Law of 1988 and amendments. The syllabus also describes constitutional provisions related to agrarian reform and examines important court cases that address the constitutionality and implementation of these laws.

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    Agrarian Law and Social Legislation AY 2018 - 2019 by Atty. Sigrid G. Mier

    Uploaded by

    Jennica Gyrl Delfin
    34 views5 pages
    This document provides a syllabus and case list for a course on Agrarian Law and Social Legislation. It outlines the history and development of agrarian laws in the Philippines from Spanish colonial rule through various acts, decrees, and statutes. It pays special attention to key agrarian reform laws like the Comprehensive Agrarian Reform Law of 1988 and amendments. The syllabus also describes constitutional provisions related to agrarian reform and examines important court cases that address the constitutionality and implementation of these laws.

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    2018-Agrarian-Law-Syllabus-Complete

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    This document provides a syllabus and case list for a course on Agrarian Law and Social Legislation. It outlines the history and development of agrarian laws in the Philippines from Spanish colonial rule through various acts, decrees, and statutes. It pays special attention to key agrarian reform laws like the Comprehensive Agrarian Reform Law of 1988 and amendments. The syllabus also describes constitutional provisions related to agrarian reform and examines important court cases that address the constitutionality and implementation of these laws.

    Copyright:

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

    Agrarian Law and Social Legislation AY 2018 - 2019 by Atty. Sigrid G. Mier

    Uploaded by

    Jennica Gyrl Delfin
    This document provides a syllabus and case list for a course on Agrarian Law and Social Legislation. It outlines the history and development of agrarian laws in the Philippines from Spanish colonial rule through various acts, decrees, and statutes. It pays special attention to key agrarian reform laws like the Comprehensive Agrarian Reform Law of 1988 and amendments. The syllabus also describes constitutional provisions related to agrarian reform and examines important court cases that address the constitutionality and implementation of these laws.

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    © All Rights Reserved
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    of 5

    AGRARIAN LAW AND SOCIAL LEGISLATION

    Course Syllabus/Case List


    AY 2018 – 2019
    BY ATTY. SIGRID G. MIER

    PART I. AGRARIAN LAW

    Definition of Agrarian Law


    History of Philippine Agrarian Law
    1. Spanish Civil Code
    2. Act No. 4054 – Philippine Rice Share Tenancy Act
    3. Act No. 4114 – Sugar Tenancy Act
    4. Commonwealth Act No. 53
    5. Commonwealth Act No. 178
    6. Commonwealth Act No. 271
    7. Commonwealth Act No. 461
    8. Commonwealth Act No. 608
    9. R.A. No. 34
    10. R.A. No. 1199 – Agricultural Tenancy Act of the Philippines
    11. R.A. No. 2263
    12. R.A. No. 3844 – Agricultural Land Reform Code
    13. R.A. No. 6389 – Code of Agrarian Reform of the Philippines
    14. P.D. No. 27 – Tenant Emancipation Law
    15. P.D. No. 946
    16. P.D. No. 1038
    17. P.D. No. 251
    18. P.D. No. 444
    19. P.D. No. 1039
    20. P.D. No. 1817
    21. E.O. No. 228
    22. E.O. No. 229
    23. P.D. 131
    24. Proclamation No. 131
    25. R.A. No. 6657 – Agrarian Reform Law of 1988
    26. R.A. No. 7881
    27. R.A. No. 7905
    28. R.A. No. 8532
    29. R.A. No. 9700
    (Special attention to R.A. Nos. 6657, 7881, 7905, and 9700)
    History of Agrarian Reform Laws in the Philippines
    Association of Small Landowners in the G.R. No. 78742
    Philippines vs. Secretary of Agrarian July 14, 1989
    Reform

    AGRARIAN LAW PAGE 1


    Constitutional provisions on Agrarian Reform
    1. Article II, Section 9
    2. Article II, Section 10
    3. Article II, Section 21
    4. Article XII, Section 1
    5. Article XII, Section 3
    6. Article XIII, Section 1
    7. Article XIII, Section 2
    8. Article XIII, Section 3
    9. Article XIII, Section 4
    10. Article XIII, Section 5
    11. Article XIII, Section 6
    12. Article XIII, Section 7
    13. Article XIII, Section 8
    14. Article XVIII, Section 22
    Constitutionality of the Agrarian Reform Law
    Association of Small Landowners in the G.R. No. 78742
    Philippines vs. Secretary of Agrarian July 14, 1989
    Reform
    Luz Farms vs. Secretary of the Department G.R. No. 86889
    of Agrarian Reform December 4, 1990

    COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 AS AMENDED


    Definitions
    Agrarian reform
    Agriculture
    Agricultural land
    G.R. No. 106593
    National Housing Authority vs. Allarde 318 SCRA 22
    November 16, 1999

    Agrarian dispute
    G.R. No. L-105586
    Isidro vs. Court of Appeals 228 SCRA 503
    December 13, 1993
    G.R. No. 194818
    Bumagat vs. Arribay
    June 9, 2014

    Farmer
    Farmworker

    Chapter II: Coverage


    Section 4. Coverage

    AGRARIAN LAW PAGE 2


    Alita vs. Court of Appeals G.R. No. 78517
    February 27, 1989

    Section 6. Retention
    Constitutional Basis for Landowner’s Retention Rights
    o Article XIII, Section 4
    Association of Small Landowners G.R. No. 78742
    in the Philippines vs. Secretary of July 14, 1989
    Agrarian Reform

    Rationale for grant of retention rights


    Department of Agrarian Reform vs. G.R. No. 176549
    Carriedo January 20, 2016

    Right to Choose Retention Area


    G.R. No. 132759
    Daanan vs. Court of Appeals
    October 5, 2005

    Exemption and Retention distinguished


    Daez vs. Court of Appeals G.R. No. 133507
    February 17, 2000

    DAR AO No. 02, Series of 2003

    Section 10. Exemptions and Exclusions


    Republic vs. Court of Appeals & Green G.R. No. 139592
    City Estate and Development October 5, 2000
    Sta. Rosa Realty Development Corp. vs. G.R. No. 112526
    Court of Appeals & Amante October 12, 2001
    Central Mindanao University vs.
    G.R. No. 100091
    Department of Agrarian Reform
    October 22, 1992
    Adjudication Board

    Chapter V: Land Acquisition


    G.R. No. 127876
    Roxas & Co., Inc. vs. Court of Appeals
    December 17, 1999
    G.R. No. 167809
    Land Bank of the Philippines vs. Dumlao
    November 27, 2008
    G.R. No. 191615
    Cabral vs. Heirs of Adolfo
    August 2, 2017

    Chapter VI: Just Compensation


    Concept of Just Compensation

    AGRARIAN LAW PAGE 3


    Land Bank of the Philippines vs. G.R. No. 175726
    Heirs of Marcos, Sr. March 22, 2017

    Determination of Just Compensation and Land Valuation under CARL


    o Section 17
    o DAR AO No. 07, Series of 2011, Chapter 9 on Land Valuation and Landowner
    Compensation

    Reckoning Point of Valuation


    Hacienda Luisita, Inc. vs.
    G.R. No. 171101
    Presidential Agrarian Reform
    April 24, 2012
    Council

    DAR’s Authority over land valuation cases


    o Article XIX of the 2009 DARAB Rules of Procedure

    Procedure for Acquisition of Private Lands in case of landowner’s rejection or


    failure to reply
    o Section 16(d), R.A. No. 6657, as amended

    Mode of Payment
    Association of Small Landowners in
    G.R. No. 78742
    the Philippines vs. Secretary of
    July 14, 1989
    Agrarian Reform
    Land Bank of the Philippines vs. G.R. No. 190520
    Sps. Avanceña May 30, 2016

    Chapter VII: Land Redistribution


    Section 24. Award to Beneficiaries
    Association of Small Landowners in
    G.R. No. 78742
    the Philippines vs. Secretary of
    July 14, 1989
    Agrarian Reform
    G.R. No. 153456
    Padua vs. Court of Appeals
    March 2, 2007
    Department of Agrarian Reform vs. G.R. No. 176549
    Carriedo January 20, 2016
    o DAR AO No. 07, Series of 2011, Section 100 -102

    Hereditary Succession in Land Reform


    G.R. No. 148177
    Estate of Vda. De Panlilio vs. Dizon
    October 18, 2007

    Chapter XII: Administrative Adjudication


    Two-Fold Jurisdiction of the Department of Agrarian Reform
    Cabral vs. Court of Appeals G.R. No. 101974

    AGRARIAN LAW PAGE 4


    July 12, 2001

    2009 Department of Agrarian Reform Adjudication Board Rules of Procedure


    o http://www.lis.dar.gov.ph/documents/7053

    Jurisdiction
    191 SCRA 885
    Vda. De Tangub vs. Court of
    UDK No. 9864
    Appeals
    December 3, 1990
    Alangilan Realty & Development
    G.R. No. 180471
    Corporation vs. Office of the
    March 26, 2010
    President
    G.R. No. 162446
    Concha vs. Rubio
    March 29, 2010

    Chapter XIII: Judicial Review


    Section 54. Certiorari
    Samahang Magbubukid ng G.R. No. 103953
    Kapdula, Inc. vs. Court of Appeals March 25, 1999

    Special Agrarian Court


    Land Bank of the Philippines vs. G.R. No. 180384
    Villegas March 26, 2010
    Land Bank of the Philippines vs. De G.R. No. 143275
    Leon September 10, 2002

    THE TENANT EMANCIPATION LAW


    (PD No. 27 as amended by EO No. 228)
    Stages of Land Transfer
    o Certificate of Land Transfer to Farmer-Beneficiary
    o Emancipation patent
    G.R. No. 191615
    Cabral vs. Heirs of Adolfo
    August 2, 2017
    G.R. No. 194818
    Bumagat vs. Arribay
    June 9, 2014

    Department of Agrarian Reform Administrative Order No. 02, Series of 2003

    o Established the Department of Agrarian Reform as the Machinery for the


    Acquisition and distribution of agricultural land
    o Established the Land Bank of the Philippines as the financial arm of the
    agrarian reform program

    AGRARIAN LAW PAGE 5

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