UNIVERSITY OF SAN JOSE-RECOLETOS

COURSE SYLLABUS

Course Title: AGRARIAN REFORM Instructor:

LAW & SOCIAL
LEGISLATION
No. of Units: 2 units Atty. Ethelbert B. Ouano
Semester/ SY: Summer 2019
Department/Track:

I. COURSE DESCRIPTION AND OBJECTIVES

This two-unit course is aimed 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. On the later part of the semester other social legislations like the Social Security
System Law and the Government Service Insurance System will also be introduced to students.

Learning Outcomes

Upon completion of this course, students will be able to:

• know/understand the different laws enacted in furtherance of social justice.
• know/understand how social legislations, most especially the Comprehensive Agrarian
Reform Progran, are applied and implemented.
• know/understand how disputes arising from the implementation of social legislations
are settled and resolved, administratively and judicially.

Methodology

The course will be taught through lectures and class recitation. In addition to the cases, the
students will be given practical examples and asked to apply the principles discussed.

On the later part of the course, students will be working in small groups to complete a specific
task and work together to report a particular social legislation: its principles, implementation
and issues including relevant cases.

II. COURSE OUTLINE

Week/Session Topics/Sub-topics
Week 1 Historical Background and Progression of Legislation

Article: Law on Agrarian Reform, by Recaredo Barte, 1991 Edition, pp. 1-18
(Introduction)

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 Article: The Development of Post War Philippine Land Reform: Political and Sociological
Explanations By David Wurfel in Second 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

Week 1 Land Acquisition

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

Agrarian Reform, 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

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 LANDS under RA 6657 as amended by RA 9700

Week 1 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)

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

Sec. 10- Exemptions and Exclusions

Sec. 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 Reform Petitioner, 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.]

Week 2 Land Valuation

LAND VALUATION – the process of determining the just compensation for the
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 land owners, the modes of payment and the review/appeal process in case the
value is deemed 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 PHILIPPINES vs. HON. ELI G. C. NATIVIDAD,

G.R. No. 127198. May 16, 2005

JOSEFINA S. LUBRICA vs. 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)

Week 2 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

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.]

Week 2 Land Tenure Improvement

LAND TENURE IMPROVEMENT – 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

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 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)
Week 3 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

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 Reform Respondents.
[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)

Week 3 Mechanisms for Program Implementation

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 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

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

Week 3 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

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

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 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 PHILIPPINES vs. 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 DARAB

Rule 43 of the Rules of Court
Sec. 54 of CARL, in relation to Rule 65 of the Rules of Court

Week 4 Support Services

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

Week 4 The Sumilao Farmers Documentary

Discussion on the Roadblocks on the implementation of CARP

Week 4 Social Security System

RA 8282
Coverage
Membership
Benefits
Settlement of Disputes

Week 5 Government Service Insurance System

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 RA 8291 (as amended)
Coverage
Membership
Benefits
Settlement of Disputes

Portability Law
RA 7699
Totalization

Week 5 Pantawid Pamilyang Pilipino Program (4Ps)

Urban Development and Housing Act

RA 7279

Week 5 Senior Citizen Law

RA 9994 The Expanded Senior Citizen Act

Week 6 Finals

III. REFERENCES AND MATERIALS

Principal References:
Comprehensive Agrarian Law of 1988, R.A. 6657, as amended by RA 7881, 7905, 8532 and
9700.
SSS and GSIS Charters.
Urban Development and Housing Act, RA 7279.
The Expandend Senior Citizen Act, RA 9944.

Useful Reference
DAR Legal Information System (http://www.lis.dar.gov.ph/)
SSS website
GSIS website

Reference Book
Recaredo Barte, Law on Agrarian Reform
Atty. Paulino D. Ungos, Jr and Atty. Paulino Q. Ungos, III, Agrarian Law and Social Legislation,

IV. COURSE REQUIREMENTS AND GRADING SYSTEM

Students will be assessed through graded recitations in class, a debate, a legal memorandum,
oral presentations, quizzes, a prelim examination, a mid-term examination and a final
examination, with the grade breakdown and description as below. The passing grade is 75.

Course Grade Description

Requirements Breakdown
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Class recitation / 15% Students who are absent when called for recitation will get a
Oral demerit of 2%. Students are expected to analyze and compare
Presentations assigned cases.

Students will conduct oral presentations concerning issues in

relation to the course.

Quiz 20%
Prelim exam 25%
Mid-term exam 20%
Final Exam 20%

V. COURSE POLICIES

Use of electronic devices is permitted, but only for use in class work.

For other course policies, please see the Rules and Regulations on attendance, dress code,
discipline,. scholastic responsibility, and plagiarism, in the University of San Jose-Recoletos
Students’ Manual.

The class will appoint a Facebook Group Page Administrator who will create the
group page (Agrarian Law with Atty. Ouano Summer 2019) and add everyone in the
class including Atty. Ethelbert Ouano.

VI.CONTACT AND OTHER INFORMATION

Preferred manner of communication is email: attyouano@yahoo.com

Note:The professor reserves the option of amending the reading list and assignments.