AGRARIAN LAW AND SOCIAL LEGISLATION

ATTY. MERCANO

I. Agrarian Law, Basic Concepts

a. Agrarian Reform, definition: see Sec. 3(a) of the Comprehensive Agrarian Reform Law

(CARL) as amended.

b. Secs. 4-8, Art. XIII, 1987 Constitution

c. Other important definitions: See Sec. 3 of the CARL on: Agricultural Activity,

Agricultural Land, Agrarian Dispute, Farmer, Farmworker, and the types of

Farmworkers.

d. CARL applicability depends on the existence of an agrarian dispute; elements of an

agrarian tenancy relationship

CASES:

1. Stanfilco Employees Agrarian Reform Beneficiaries Multi-Purpose

Cooperative v. DOLE Philippines (G.R. No. 154048, 27 November 2009)

2. People of the Philippines v. Vanzuela (G.R. No. 178266, 21 July 2008)

3. Mendoza v. Geronimo (G.R. No. 165676, 22 November 2010)

e. Constitutionality of the CARL

CASES:

1. Association of Small Landowners v. DAR, 175 SCRA 343

2. Luz Farms v. Sec. of the DAR (G.R. No. 86889)

II. The CARL

a. Land Acquisition

Sec. 3 (a) Sec. 4 Scope Sec. 7 Sec. 16 Procedure for Land Acquisition Sec. 19 Voluntary Offer to Sell Sec. 20 Voluntary Land Transfer

CASE:

Roxas v. Court of Appelas(G.R. No. 127876, 17 December 1999)

b. Alternatives to Land Acquisition

1. Sec. 31, Corporate Landowners (Stock Option)

CASE:

Hacienda Luisita v. Presidential Agrarian Reform Council, et. al. (G.R. No.

171101, 5 July 2011)

Guide Questions:

Who can approve and revoke Stock Distribution Plans under the CARL? With respect to revocation, what according to the Court, was

the basis of this authority?

In the case, did the Supreme Court declare Sec. 31 of the CARL unconstitutional?

Did the Supreme Court uphold the revocation of the Stock Distribution Plan? Why or Why not?

Does the non-impairment clause bar the Court from reviewing the validity of a partially implemented Stock Distribution Plan? Why or

Why not?

2. Sec. 6, par. 1 Award of Lands to Children of Landowners

III. Land Valuation

a. See Secs. 17 and 18 of the CARL

b. Sec. 16(d) and the DARs authority to revalue the property

CASES:

1. Land Bank v. Natividad (G.R. No. 127198, May 16, 2005)

2. Lubrica v. Land Bank (G.R. No. 170220, November 20, 2006)

3. Land Bank v. CA and Pedro Yap (G.R. No. 118712, October 6, 1995)

IV. Land Redistribution

a. See Secs. 22-27 of the CARL

b. Indefeasibility of titles

CASE:

Estribillo v. DAR and Hacienda Maria, Inc. (G.R. No. 159674, June 30, 2006)

V. Resolution of Agrarian Disputes

a. Secs. 50-53, CARL

CASE:

Rufina Vda de Tangub v. Court of Appeals, UDK 9864 (Decemberr 3, 1990, 191

SCRA 885)

b. Authority of the DAR Secretary to nullify titles under the CARP (Sec. 24 of RA 6657 as

amended by Sec. 9 of RA 9700)