agrarian reviewer - vinz

7/24/2019 Agrarian Reviewer - Vinz

1/13

1. Constitutional provisions on social justice and social legislation as the bases

of this course/subject;- Section 10, Article 2 !he State shall pro"ote social justice in all

phases of national develop"ent

- Section 1, Article #$$$ of the 1%&' (hilippine ConstitutionCongress shall give highest priorit) to the enact"ent of "easures

that protect and enhance the right of all the people to hu"an

dignit), reduce social, econo"ic, and political ine*ualities, and

re"ove cultural ine*uities b) e*uitabl) di+using ealth and

political poer for the co""on good;

!o this end, the State shall regulate the ac*uisition, onership, use,

and disposition of propert) and its incre"ents

- Section 2!he pro"otion of social justice shall include the co""it"ent to

create econo"ic opportunities based on freedo" of initiative and

self-reliance.

2. Statutor) enact"ents safet) nets to i"ple"ent the ai" of the Constitution

or the State to tae care of the eneral elfare of those vulnerable to

econo"ic donturns;- !he Social Securit) a 3A 1141- Agricultural !enanc) a 3A 114%- Agricultural and 3efor" Code 3A 5&66

5. Co""on deno"ination of social legislation;

6. CA3( in 7873A

- CA3(, or the Co"prehensive Agrarian 3efor" (rogra" 3A449', is

the redistribution of public and private agricultural lands to far"ers

and far"orers ho are landless, irrespective of tenurial

arrange"ent.

9. :ision of CA3(- CA3(s vision is to have an e*uitable land onership ith

e"poered agrarian refor" benecess of the speci


2/13

- d All private lands devoted to or suitable for agriculture regardless

of the agricultural products raised or that can be raised thereon.

&. 3etention i"its- S7C!$=8 4. 3etention i"its. ? 7>cept as otherise provided in this

Act, no person "a) on or retain, directl) or indirectl), an) public

or private agricultural land, the si@e of hich shall var) according to

factors governing a viable fa"il)-si@e far", such as co""odit)

produced, terrain, infrastructure, and soil fertilit) as deter"ined b)

the (residential Agrarian 3efor" Council (A3C created hereunder,

but in no case shall retention b) the landoner e>ceed ecuted b) the original landoner in violation of the Act shall be

null and void (rovided, hoever, !hat those e>ecuted prior to this

Act shall be valid onl) hen registered ith the 3egister of Beeds

ithin a period of three 5 "onths after the e+ectivit) of this Act.

!hereafter, all 3egisters of Beeds shall infor" the Bepart"ent of

Agrarian 3efor" BA3 ithin thirt) 50 da)s of an) transactioninvolving agricultural lands in e>cess of


3/13

ilo"eters, ith an average fa"il) si@e of si>, "aing the

(hilippines non for high population densit). $n addition to this,

ith a population groth of 2.02 per )ear, the (hilippine population

is e>pected to double in the span of 29 )ears. 40 percent of the

(hilippine population is rural, and over 12 "illion Dilipinos "ae a

living directl) fro" agricultural cultivation. Around %.9 "illion

hectares of land across the (hilippines are used to plan variouscrops. $n ter"s of landlessness, the nu"ber of landless agricultural

fa"ilies rose up fro" 9 "illion to 11.52 "illion fa"ilies. =ut of

these 11.52 fa"ilies, 6.4 "illion "ae a living fro" lands the) dont

on. 0.'0 "illion are rented, 2 "illion are laborers, hile 1.% "illion

are far"ing as tenants.E12F

- and refor" under A*uino ad"inistration 1%&41%%2EeditF- Buring the start of (resident Cora@on A*uinos ter" on 1%&4, the

Constitutional Co""ission approved Section 21 under Article $$,

hich states that G!he State shall pro"ote co"prehensive rural

develop"ent and agrarian refor".H !his led to the drafting of CA3(,

hich too the Congress a )ear to "ae. =n Iune 10, 1%&&,

3epublic Act 8o. 449', also non as the Co"prehensive Agrarian

3efor" a CA3, as passed to pro"ote social justice and

industriali@ation. Although it as still a product of adherence to

de"ocratic principles, this la as found to have "an) Jas.

Kecause of "uch dissatisfaction ith the agrarian refor" la,

proposals fro" peasant groups and non-govern"ent organi@ations

gre in order to i"ple"ent an alternative progra" that as "ore

advantageous to the". Loever, this did not succeed.

- CA3( recogni@es not onl) far"ers but all landless orers as

bene


4/13

hich as successfull) distributed. $t achieved "ore than double

the output of the A*uino ad"inistration. $t focused on Gless

contentious landholdings and ac*uisition "odes,H here the) chose

to or ith autono"ous 8=s and peasant organi@ations.

Loever, controversies ere unavoidable as the) encountered

landlords openl) harassing peasants ith guns and forcing the"

out of the lands.

- and refor" under 7strada ad"inistration 1%%&2001EeditF- !his ad"inistration focused on fast tracing land ac*uisition and

distribution. $t anted to reduce uncertainties in land "aret in

rural places to help far"ers eMcienc) and private invest"ent to

gro. $t encouraged joint ventures, corporative, contact far"ing and

other "areting arrange"ents to protect the status of staeholders

and pro"otion of agri-industriali@ation. !he) also i"proved the

databases of the i"ple"enting agencies of BA3 and B783 to full)

record and update the lands covered. 7strada highlighted that there

as a need to conceptuali@e ne approaches in doing things to

build a ne social agree"ent here producers, govern"ent and

private sectors or ith a co""on goal.

- !he progra" encountered so"e proble"s such as strong

landonersN resistance. !enants also co"plained on the li"ited

a"ount of fund allocation provided b) the govern"ent for the

project. $t ai"ed to co"plete '.& "illion hectares b) 2006. Since

(resident 7strada lasted onl) 2.9 )ears as president, the total

benetra-judicial illings. OP( chair"an 3afael Pariano said,

GDar"ers asserting their rights to the land ere subjected to hu"an

rights abuses hile peasant leaders ere rendered as cri"inals,

incarcerated and, orse, ere "assacred.HEthis *uote needs a

citationF

- CA3( e>pired hen the Congress did not approve A*uinos proposal

to e>tend it for to "ore )ears. BA3 has indicated 6%6,%69 la

i"ple"entation cases since the start of the progra", all of hich

led bac to ho CA3( failed over the )ears and ho it a+ected the

lives of "an) innocent tenants and far"ers.E16F10.Post co"prehensive refor"

- Co"prehensive Agrarian 3efor" (rogra" 7>tension ith 3efor"s,

non also as CA(73 or CA3(er, 3epublic Act %'00E19F is the

a"endator) la that e>tends again the deadline of distributing

agricultural lands to far"ers for pired and there

re"ained 1.2 "illion hectares of agricultural land aiting to be

ac*uired and distributed to far"ers. CA3(73 as signed into la on

August ', 200% b) loria Pacapagal Arro)o and as set to e>pire in

Iune 50, 2016.E14F Loever the progra" of distributing lands to


5/13

far"er-bene


6/13

51, 2005, )ou are auto"aticall) covered ith this polic). Pe"bers

ith the old polic) called 7( see belo can also opt for 7(

according to S$S.- ife 7ndo"ent (olic) 7( this is non as the old insurance

polic) o+ered to "e"bers ho entered the govern"ent service

before August 1, 2005. !his insurance polic) ill give "aturit)

bene


7/13

the) reall) need it badl). oans bear interests pa)ables. Docus on

inco"e bearing invest"ents, not loans.-- Consolidated oan is also non as Conso-oan. $t is a

consolidation of 9 loans into 1 Salar) oan, 3estructured Salar)

oan, 7nhanced Salar) oan, 7"ergenc) oan Assistance, and

Su""er =ne-"onth Salar) oan. !his t)pe of loan is pa)able in 4)ears. $t is so eas) to appl) for this loan, just place )our S$S eCard

(lus in the -Tps Oios and follo through the screen. Lo "uch

can )ou avail in this loanU $t depends upon )our 3CS 3ecord of

creditable Service. Chec out the data belo- gsis conso loan-- (olic) oan since ever) "e"ber in the S$S is covered ith life

insurance polic) auto"aticall), )ou also have this polic) loan

bene


8/13

- !he overn"ent Service $nsurance S)ste" also o+ers scholarship

progra" ever) acade"ic )ear for children of lo-inco"e S$S

"e"bers. !he selected *uali


9/13

- 6 Koard, odging and Pedical Attendance. !he e"plo)er shall

provide for their basic necessities hich shall not be ithdran or

held in abe)ance as punish"ent or disciplinar) action including-- a. at least 5 ade*uate "eals a da),- b. hu"ane sleeping arrange"ents that ensure safet), and- c. appropriate rest and assistance in case of illnesses and

injuries sustained during service ithout loss of bene


10/13

- 10 Beductions for oss or Ba"age. =ther than those "andated b)

la, the e"plo)er shall not deduct an) a"ount fro" the

asa"baha)s ages ithout the latters ritten consent; and in

the case of such consent, the deduction should still "eet the

folloing conditions-

- 1 the asa"baha) is clearl) shon to be responsible for theloss or da"age;

- 2 the asa"baha) is given reasonable opportunit) to sho

cause h) the deduction should not be "ade;- 5 the total deduction is fair and reasonable and shall not e>ceed

the actual loss or da"age; and- 6 the deduction does not e>ceed 20V of the asa"baha)s

"onthl) age. 3ule :, Sec. 4, $33-- 11 !hirteenth Ponth pa). !he asa"baha) is entitled to a

thirteenth "onth pa) as provided for b) la. Sec. 29-- !he 15th "onth pa) shall be paid not later than Bece"ber 26 each

)ear or upon separation fro" e"plo)"ent. 3ule $:, Sec. &, $33-- 12 (rohibition Against ithholding of ages. !he e"plo)er shall

not, directl) or indirectl), ithhold the ages of the asa"baha). $f

the asa"baha) leaves ithout an) justiceeding 19 da)s shall be forfeited. !he

e"plo)er shall not induce the asa"baha) to give up an) part of

the ages b) force, stealth, inti"idation, threat or b) an) other

"eans hatsoever. Sec. 2&

-- 15 Cop) of (a) Slip. !he e"plo)er shall at all ti"es provide the

asa"baha) ith a cop) of the pa) slip containing the a"ount paid

in cash ever) pa) da), and indicating all deductions "ade, if an).

!he copies of the pa) slip shall be ept b) the e"plo)er for a period

of 5 )ears. Sec. 24-- 16 (rohibition on $nterference in the Bisposal of ages. !he

e"plo)er shall not interfere ith the freedo" of an) asa"baha) to

dispose of his/her ages. !he e"plo)er shall not force, co"pel or

oblige the asa"baha) to purchase "erchandise, co""odities or

other properties fro" the e"plo)er or fro" an) other person, orotherise "ae use of an) store or services of such e"plo)er or

an) other person. Sec. 2'-- 19 eave Kene


11/13

- (re"iu" pa)"ents or contributions shall be shouldered b) the

e"plo)er. Loever, if the asa"baha) is receiving a age of

(9,000.00 and above per "onth, he/she shall pa) the proportionate

share in the pre"iu" pa)"ents or contributions, as provided b)

la.-

-- !he asa"baha) shall be entitled to all other beneisting las. Sec. 50-- 1' 8o Bebt Kondage. $t shall be unlaful for the e"plo)er or an)

person acting on behalf of the e"plo)er to place the do"estic

orer under debt bondage, i.e, to have the asa"baha) render

service as securit) or pa)"ent for a debt here the length and

nature of service is not clearl) detend to all for"s of co""unication

and personal e+ects. Sec. '-- 21 Access to =utside Co""unication. !he e"plo)er shall grant

the" access to outside co""unication during their free ti"e. $n

case of e"ergenc), access to co""unication shall be granted even

during or ti"e. $f the asa"baha) "aes use of the e"plo)ers

telephone or other co""unication facilities, the costs shall be on

the asa"baha), unless the) are aived b) the e"plo)er. Sec. &-

- 22 3ight to 7ducation and !raining. !he e"plo)er shall a+ordthe" the opportunit) to


12/13

- 26 !e"porar) But) for Another Lousehold. !he asa"baha) and

the e"plo)er "a) "utuall) agree for the for"er to te"poraril)

perfor" a tas that is outside the latters household for the beneisting "ini"u" age rate of a do"estic orer.

$t shall be unlaful for the original e"plo)er to charge an) a"ount

fro" the said household here the service of the asa"baha) as

te"poraril) perfor"ed. Sec. 25-- !his te"porar) or for another household shall not e>ceed 50

da)s per assign"ent. And the other household here he

asa"baha) is te"poraril) assigned is solidaril) liable for an)

nonpa)"ent of ages during such te"porar) assign"ent. 3ule :,

Sec. 11, $33

-- 29 7"plo)"ent Certiercise religious beliefs and cultural practices.

21.Oasa"baha) ages and ho paid- Dor those e"plo)ed in- 1. 8ational Capital 3egion - (2,900.00- 2. Cities and 1st class "unicipalities - (2,000.00- 5. =ther "unicipalities - (1,900.00


13/13

- $n cash, at least once a "onth

agrarian reviewer - vinz

Documents