AGRARIAN LAW MIDTERM EXAM

1. What is Agrarian Reform? (5 pts.)

2. (a) What law governs Agrarian Reform? (2.5 pts.)

(b) What program was enacted by said law? (2.5 pts.)

3. Why was Agrarian Reform pursued and enacted? (5 pts.)

4. (a) What is the retention limit under the CARL? (2.5 pts)
(b) What is the retention limit under PD 27? (2.5 pts.)

5. Cersei Lannister owns a parcel of land. She incorporated “Lion Farms”, a

corporation whose purpose is to engage in livestock and poultry business,
and used her parcel of land for said business. Upon enactment of the CARP,
Cersei received a notice of coverage from the DAR. She filed a petition for
exemption and claims that land devoted to livestock and poultry should not
be covered in the implementation of the CARP. Will her case prosper? (15
pts.)

Suggested Answer: Yes. In the case of Luz Farms v.

Secretary of DAR, it has been held that Sec. 3 (b) and Sec. 11
of RA 6657 are unconstitutional in including lands devoted to
raising livestock, swine and poultry within its coverage. It was
never the intention of the framers of the Constitution to
include the livestock and poultry industry in the coverage of
the agrarian reform program.

6. Keating and Farmers is a corporation engaged in coconut production

owned by Annalise Keating. Upon receiving a notice of coverage from the
DAR, Annalise bought cattle, swine and goat and placed them in her land.
She then filed a petition for exemption on the basis that her lands are
industrial and not agricultural. If you were the judge, how would you rule
on this case? (15 pts.)
 Suggested Answer: Dismiss the petition. The ruling of
Luz Farms v. Secretary of DAR should not be used a shield
by landowners in keeping their lands from being covered by
the CARP. Such act is an utter circumvention of the law.
It was held in DAR v. CA, that for lands to be exempted
from the CARP, there should be a clear showing that such
lands are exclusively devoted to livestock raising.

7. Mike Ross and Rachel Zane, a married couple, acquired a parcel of land
through homestead patent under the provisions of Commonwealth Act No.
141. Since its acquisition, the couple had cultivated said land. Upon
enactment of the CARP, however, the DAR sent a notice of coverage to the
couple. Can the land be acquired by the DAR? (15 pts.)

Suggested Answer: No. The Supreme Court has held in

several cases the superiority of the right of homesteaders
over the implementation of the CARP. The Homestead Act
(Commonwealth Act No. 141) has been enacted for the
welfare and protection of the poor. The CARL expressly
provides that original homestead grantees or their direct
compulsory heirs who still own the original homestead at
the time of the approval of said law shall retain the same
areas as long as they continue to cultivate said homestead.

8. Rick Sanchez, another homestead grantee owns a parcel of land which he

leased to tenant-farmers, Morty Smith and Summer Smith. Upon the
enactment of the CARP, the land was transferred to the tenant farmers. Rick
Sanchez moved for the cancellation of the transfer of ownership from him to
the tenant-farmers. Will his petition prosper? (15 pts.)

Suggested Answer: No. Under RA 6657, homestead

grantees or their direct heirs can own and retain the lands
given to them under the Homestead Act only for as long as
they continue to cultivate them. The fact of continued
cultivation by the original grantees or their direct
compulsory heirs is a requirement for exemption from
coverage.
9. Bojack Horseman owns a parcel of land containing 14 hectares. When PD
27 was enacted, Bojack practiced his retention rights and retained 7 hectares.
Upon the enactment of the CARP, Bojack received a notice of coverage from
the DAR stating that he can only retain 5 hectares of said land. Bojack
petitioned for exemption. If you were the judge, how would you decide on
the case? (10 pts.)

Suggested Answer: The petition should be granted and

Bojack should be allowed exemption. Under PD 27, Bojack
is allowed to retain 7 hectares of land.
Expressly provided in RA 6657, that landowners
whose lands have been covered by PD 27 shall be allowed to
keep the areas originally retained by them thereunder.

10. Under the CARP, 5 hectares may be retained by the landowner and 3
hectares may be awarded to each of his children. What are the qualifications
to be met under said circumstance?

Suggested Answer: (1) that he is at least fifteen years of

age; and (2) that he is actually tilling the land or directly
managing them