COLLEGE OF LAW

DE LA SALLE UNIVERSITY
AGRARIAN & SOCIAL LEGISLATION
1st Semester, SY 2015-2016
Atty. Charisma I. Nolasco
Email: charm_upmla@yahoo.com

I.

COURSE DESCRIPTION
This subject is divided into two (2) parts. The first part intends to familiarize the
students with the basic concepts and legal foundations in the implementation of
agrarian reform in the Philippines. The second part of the course will be a quick
overview of laws promoting public welfare with relevance to labor, and
jurisprudence applying and construing the same.

II.

PREREQUISITE COURSE
None

III.

COURSE MATERIALS
A. Required Course/Reference Materials
1987 Philippine Constitution
R.A. No. 6657 (as amended by R.A. Nos. 7881, 7905, 8532 & 9700)
P.D. No. 27 (as amended by E.O. No. 228)
R.A. No. 3844 (as amended by P.D. Nos. 251, 444, 1039 & 1817, R.A. Nos. 6389,
6557, 7907 & 9700)
R.A. No. 8282 (Social Security Act of 1997)
R.A. No. 8291 (Government Service Insurance System Act of 1997)
R.A. No 7875 (as amended by R.A. Nos. 9241 & 10606)
B. Recommended Textbook
Ungos, Jr. & Ungos III. AGRARIAN LAW AND SOCIAL LEGISLATION (2013)

IV.

COURSE OBJECTIVES
At the end of the course, the students will be able to comprehend the laws and
relevant jurisprudence interpreting and applying Philippine agrarian and social
legislations.

V.

COURSE REQUIREMENTS
A. Class Preparation
Students must read the assigned materials. Class recitations will be regularly
conducted using the Socratic method to enable them to understand the rationale
of the law and thereafter resolve fact situations by applying the relevant laws
and legal principles. The class shall observe a closed notes policy.
B. Attendance

Atty. C.I. Nolasco

Regular and punctual attendance is required. The policy observed by the College
will be adopted in considering a student as automatically dropped due to
absences. Attendance will be checked before the start of the class.
C. Grading Criteria and Evaluation
The students shall be graded as follows:
Attendance
Recitation/Quizzes
Midterm Examinations
Final Examinations
Total

10%
20%
30%
40%
100%

Both the midterm and final examinations will be in written form and will consist
of both objective and essay questions. The honor code will be adopted.
The assigned grades are final and shall not be changed/altered except for
mathematical/clerical errors.
VI.

COURSE ASSIGNMENTS
The attached Course Outline provides in detail the covered topics for each
meeting, including additional reading materials. The enumerated reference
materials may be subject to change, most especially in cases of landmark
decisions of the Supreme Court, as well as recent laws, rules and regulations and
other issuances promulgated by the legislative or the executive branches.

Atty. C.I. Nolasco

AGRARIAN & SOCIAL LEGISLATION

1st Semester, SY 2015-2016
Sat. (7-9 p.m.)
I.

GENERAL CONCEPTS

A. Sources
i. Sections 9, 10, 11 & 21, Article II, 1987 Constitution
ii. Sections 1, 2, 4, 6, 7, 8, 11 & 12, Article XIII, 1987 Constitution
iii. Social Justice
Read:

Calalang v. Williams, G.R. No. 47800, December 2, 1940

Asso. of Small Landowners v. Sec. of Agrarian Reform,G.R. No. 78742,
July 14, 1989
i.
ii.
iii.
iv.
v.

B. Definition
Agrarian
Agrarian law
Agrarian reform
Agricultural land
Social Legislation
C. History of agrarian reform laws
Read:

Ungos & Ungos, AGRARIAN LAW & SOCIAL LEGISLATION, pp. 1-6
Secs., 3 (a) & (c), R.A. No. 6657 (As amended)
Holy Trinity Realty & Devt. Corp. v. dela Cruz, G.R. No. 200454,
October 22, 2014
II.

AGRARIAN REFORM
A. Definition
i.
Agricultural activity
ii.
Agrarian dispute
iii.
Idle/Abandoned Land
iv.
Farmer
v.
Farmworker
a. Regular
b. Seasonal
c. Others
Read:

Sec. 3, R.A. 6657, as amended

DAR v. Sutton, G.R. No. 162070, October 19, 2005
Milestone Farms v. Office of the President, G.R. No. 182332, February
23, 2011
Islanders CARP-Farmers Beneficiaries v. LADECO, G.R. No. 159089,
May 3, 2006
Del Monte Phils. v. Sangunay, G.R. No. 180013, January 31, 2011
People v. Vanzuela, G.R. No. 178266, July 21, 2008
Monsanto v. Zerna, G.R. No. 142501, December 7, 2001

B. Scope
Read:

Ungos & Ungos, supra, pp. 13-15, 32-38

Secs. 4, 9 & 10, R.A. 6657, as amended
P.D. No. 27, as amended
Holy Trinity Realty & Devt. Corp. v. dela Cruz, supra

C. Implementation

Atty. C.I. Nolasco

Read:

Ungos & Ungos, supra, pp. 15, 24-32, 38-43

Secs. 5, 7, 10 & 11 R.A. 6657, as amended
Sec. 30, R.A. 9700

D. Retention Limits
Read:

Ungos & Ungos, supra, pp. 15-24, 157-158

Secs. 6, 6-a & 6-b, 70, R.A. 6657, as amended
P.D. No. 27
Heirs of Aurelio Reyes v. Garilao, G.R. No. 136466, November 25,

2009
Roman Catholic Archbishop of Caceres v. Sec. of Agrarian Reform,
G.R. No. 139285, December 21, 2007
DAR v. Sutton, supra
Danan v. Court of Appeals, G.R. No. 132759, October 25, 2005
E. Tenurial arrangements and relations
Read:

Ungos & Ungos, supra pp. 43-45, 88-89, 145, 160-176

Secs. 12, 13, 32, R.A. 6657, as amended
Secs. 4-21, 23-38, R.A. No. 3844
Galope v. Bugarin, G.R. No. 185669, February 1, 2012
Tarona v. CA, G.R. No. 170182, June 18, 2009
Reyes v. Reyes, G.R. No. 140164, September 6, 2002
Verde v. Macapagal, G.R. No. 151342, March 4, 2008
Rupa v. Court of Appeals, G.R. No. 80129, January 25, 2000
Valencia v. Court of Appeals, G.R. No. 122363, April 29, 2003

F. Land distribution
i.
Registration
Read:
ii.

Land acquisition
Read:

iii.

Ungos & Ungos, supra, pp. 46-50, 61

Sec. 16, 20, R.A. 6657, as amended

Just compensation
a) Valuation
b) Modes of compensation
Read:

iv.

Ungos & Ungos, supra, pp. 45-46

Secs. 15-16, R.A. No. 6657, as amended

Ungos & Ungos, supra, pp. 50-60

Secs. 17-29, R.A. 6657, as amended
Asso. of Small Landowners v. Sec. of Agrarian Reform, supra
Heirs of Tantoco v. Court of Appeals, G.R. No. 149621, May 5, 2006
Landbank v. Obias, G.R. No. 184406, March 14, 2012

Distribution
a) Beneficiaries
Read:

Ungos & Ungos, supra, pp. 63-65

Sec. 22, R.A. 6657, as amended

b) Order of priority
Read:

Ungos & Ungos, supra, p. 66

Sec. 22-A, R.A. 6657, as amended

c) Award ceiling

Atty. C.I. Nolasco

Read:

Ungos & Ungos, supra, pp. 66-68, 71-74

Secs. 23, 25 R.A. 6657, as amended

d) Payment
Read:

Ungos & Ungos, supra, pp. 61-62, 75-76, 90-91

Secs. 21, 26, 33, 34, R.A. 6657, as amended

e) Corporate Landownership
Read:

Ungos & Ungos, supra, pp. 79-88

Secs. 29-31, R.A. 6657, as amended
Hacienda Luisita v. PARC, G.R. No. 171101, July 2011

f) Special areas of concern

Read:
v.

Ungos & Ungos, supra, pp. 100-102

Sec. 40, R.A. 6657, as amended

Ownership/Transfer
a) Title/Tenurial instrument
Read:

Ungos & Ungos, supra, pp. 68-71,

Sec. 24, R.A. 6657, as amended

b) Rights and limitations

Read:

Ungos & Ungos, supra, pp. 76-78

Secs. 27, 28, 66-67, R.A. 6657, as amended
P.D. No. 27

c) Conversion
Read:

Ungos & Ungos, supra, pp. 133-139

Secs. 65, 65-A, R.A. 6657, as amended

d) Bank mortgage
Read:

Ungos & Ungos, supra, pp. 143-145

Sec. 71, R.A. 6657, as amended

G. Institutional mechanisms
Read:

Ungos & Ungos, supra, pp. 102-110

Secs. 41-49, R.A. 6657, as amended

H. Jurisdiction & Remedies

Read:

Ungos & Ungos, supra, pp. 110-130

Secs. 50-62, 68, R.A. 6657, as amended

I. Prohibited Acts/Omissions
Read:

Ungos & Ungos, supra, pp. 145-150

Secs. 73-74 R.A. 6657, as amended
P.D. No. 27
Secs. 27, 31, R.A. No. 3844

Atty. C.I. Nolasco

III.

SOCIAL LEGISLATION
A Social Security Act of 1997 (R.A. No. 8282)
a Definitions (Sec. 8)
i Dependents
ii Employment
iii Beneficiaries
iv Contingency
b Compulsory & Voluntary members (Sec. 9)
c Coverage (Secs. 10-11-A)
d Benefits (Secs. 12-14A)
i Retirement
ii Maternity
iii Permanent disability
e Failure to remit (Sec. 22)
f Nature of fund
g Jurisdiction and Remedies (Secs. 4 &5)
Read:

Ungos & Ungos, supra, pp. 348-368

SSS v. Azote, G.R. No. 209741, April 15, 2015
Dy Caico v. SSS, G.R. No. 161357, November 30, 2009
Ortega v. Social Security Commission, 555 SCRA 353
SSC v. Rizal Poultry and Livestock Corp., G.R. No. 167050, June 1, 2011
Accident, work-related

Read:
j.

Hinoguin v. ECC, G.R. No. 8430, April 17, 1989

i. Proximate Cause
Act of Ministration
Read:
Visayan Stevedore Transport Company v. Workmens
Compensation
Commission, G.R. No. L-11875, December 28, 1973
k. Coming and Going rule
Read:

Alano v. ECC, G.R. No. L-48594, March 16, 1988

Lazo v. ECC, G.R. No. 78617, June 18, 1990

l. Official Functions
m. 24-Hour Duty
Read:

GSIS v. Alegre, G.R. No. 128524, April 20, 1999

Valeriano v. ECC, G.R. No. 136200, June 8, 2000

n. Compensability (illness)
a Proof
b Work-connected illness
c Cause of illness is unknown; Increased Risk Doctrine
Read:

GSIS v. Capacite, G.R. No. 199780, September 24, 2014

GSIS v. Calumpiano, G.R. No. 196102, November 26, 2014

B National Health Insurance Act of 1995 (as amended by R.A. No. 9241; R.A.
No. 10606)
1. Principles (Sec. 2)
a. Equity
b. Responsiveness
c. Social Solidarity
d. Fiduciary Responsibility
e. Informed Choice
f. Compulsory Coverage

Atty. C.I. Nolasco

g. Cost-sharing
2. Definition (Sec.4)
a. Beneficiary
b. Capitation
c. Contribution
d. Dependent
e. Health Care Provider
3. Coverage (sec. 6, as amended)
4. Change of Residence (sec. 9)
5. Exclusion and Benefits (Secs. 11 and 12)
6. Quasi-judicial powers (sec. 17)
7. Grievance and Appeal (secs. 39-43; secs. 98-136, IRR of R.A. No. 7875, as
amended)
Read: Ungos & Ungos, supra, pp. 335-347
C Government Service Insurance System Act of 1997 (P.D. 1146, as amended
by R.A. 8291)
a Definitions (Sec. 2)
i Member
ii Dependent
iii Primary and Secondary beneficiaries
b Membership (Secs. 3 & 4)
c Benefits (Secs. 9-27)
i Rehabilitation services
ii Temporary Total Disability
iii Permanent Total Disability
iv Permanent Partial Disability
v Death/Funeral Benefits
vi Life Insurance
d

Claims and Disputes (Secs. 28-32)

Read: Ungos & Ungos, supra, pp. 369-381

D Portability (R.A. No. 7699)

Atty. C.I. Nolasco