LECTURE NOTES ON SOCIAL LEGISLATION

Prof AE Cacho

LABOR tenants which also

CHAPTER I- GENERAL referred to
PROVISIONS agricultural
Article 1- Name of the Decree- This workers and
Decree shall be known as the “Labor tenants, and even
Code of the Philippines.” (Presidential impliedly
Decree No. 442, as amended) recognized their
Article 2- Date of Effectivity- This right to strike
code shall take effect six (6) months
 physical and mental work
after its promulgation. (signed on May
performed by an employee and
1, 1974 by Pres. Ferdinand Marcos)
physical work performed by
anyone, whether employed by
FUNDAMENTAL CONCEPTS
another or not
A. THE CONCEPT OF LABOR
 ATTY CACHO: labor would
Labor (broadest sense) include mental or physical
 Includes every possible human exertion *noh* performed by
exertion, mental or physical and an employee or by another, in
even spiritual behalf of another or for himself.
 ATTY CACHO: the definition
Labor (limited sense) includes employed by another
 Refers to any bodily or
and self-employed
intellectual exertion done wholly
 ATTY CACHO: Definition of
or partly for purpose other than
labor in our jurisdiction omitted
the pleasure derived from its
was the SPIRITUAL. However,
performance
the definition would LIKEWISE
Labor as defined in the Philippine include that aspect. Probably
Law one of the reasons why spiritual
 Used to embrace all works was not included was because it
without reference to whether it something which is more done
is done by an employee to an *inaudible* by an apostolic
employer or not work
- i.e. agricultural tenants-  P.D. No. 442- carries in its
included in general terms Preliminary Title (Chapter II,
of labor (physically toil Emancipation of Tenants) which
for livelihood) identifies tenant-farmers as “a
- old labor law vital part of the labor force”
(Commonwealth Act (Art. 8) -general concept- more
103) on social legislation
 provided for labor  ATTY CACHO: 2 classifications
organization, laborers
lumped laborers, 1. Agricultural
employees and 2. Non-agricultural

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 observance and enacted by the
B. LABOR LAW DEFINED rule making authority *noh*
 “Labor law is that body of and that is none other than the
statutes, rules and doctrines legislative department
that defines State policies  STATUTES IN OUR
on labor and employment JURISDICTION THAT WOULD
and governs the rights and REFER TO LABOR
duties of workers and o Labor Code
employers respecting terms  BOOK III- Labor
and conditions of Standards
employment by prescribing  Holiday Pay
certain standards therefor, (100%)
or by establishing a legal  Special
framework within which holiday Pay
better terms and conditions  Overtime
of work could be obtained Pay
through collective  Differential
bargaining or other pay
concerted activities.” o Special labor laws
 Reflects the updated concept of  SSS Law- more on
labor law within the updated social legislation
concept of labor law within the because of the
purview of the Philippine chapter on
Constitution and the Labor Code retirement, wherein
 Embodies the definitions of the there is no longer
elements of labor law and employer-employee
assumes a utilitarian character relationship.
 ATTY CACHO: the first part of However, SSS law
the definition would refer to includes a chapter on
labor standards MATERNITY
o body of statutes, rules BENEFITS-
and doctrines that maternity leave
defines State policies enjoyed by women
on labor and  Salary
employment and Standardization
governs the rights and Law- emanated from
duties of workers and the legislative
employers respecting department which
terms and conditions applies to employees
of employment by in the government
prescribing certain service. The Law
standards therefor providing for
 STATUTES- rule of conduct minimum wage is
with obligatory recourse for not a special law

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 because it is actually  Paternity leave
prescribed by the  Magna Carta for
Regional Tripartite women (for those
Wages and who have
Productivity Board gynecological
and did not emanate disorder)
from the legislative  Battered woman
department. act or the anti-
 Wage Orders- they violence against
have the force and women law
effect of a law  *note: government employees
although they did not enjoy the right to self-
emanate from the organization but do not enjoy
legislative the right to collective bargaining
department. In other because the terms and
words, the RTWPB conditions of their employment
which is composed of are already fixed
the labor sector,  *recit question: what can a
employer sector and regular or ordinary
the government government employee can
sector, they would do in order to address their
proscribe minimum grievance for salary
wage from time to increase? Some writes a letter
time under the to the Commissioner on labor
delegated authority and some lobby on the
provided for by the Congress. NOT ALL government
labor code. In other employees are covered by the
words, there is Salary Standardization Law. An
already a built-in or example of this is the
inherent provision Government-Owned and
there in as much as Controlled Corporations created
DOLE was tasked to by law or governed by their own
implement the Labor charters. The only limitation to
Code in consonance this GOCCs are the powers of
with the principles of the Commission on Audit that
these delegated from time to time announce
authorities, they can disallowance of benefits that
legislate these wage were given by virtue of
orders from time to resolution passed and approved
time. by the Board of Directors of the
 13th month pay- the GOCC.
rationale behind this  RULES- come in the form of
is because we have memorandum order,
the longest Christmas department orders and
Season. circulars. However, there are

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 implementing rules and the payment of situation pay.
regulations which pertain to the When a worker files a case
labor code itself (can be found against employer for illegal
in the book of Azucena, at the dismissal, one of the remedies
back) is reinstatement. However,
o STATCON: they cannot there are instances wherein the
reduce or expand laws, relationship between the worker
they are only tasked to and the employee had already
implement. been strained, then the other
o Blas Ople- passed a rule remedy possible is the payment
that only the daily paid of separation pay.
employees will be entitled  2 causes of termination:
to legal holiday pay. SC authorized and just causes
ruled that according to  Authorized causes:
the rules on statcon, (termination 30-day notice)-
when the law does not must be paid a separation pay
distinguish, then neither in order to be valid.  The
should we. As long as affected worker shall be entitled
there is no distinction to a separation pay shall be
between daily paid equivalent to one (1) month
employees and monthly pay or at least (1/2) month pay
paid employees, then all for every year of service. A
employees should receive fraction of (6) months shall be
holiday pay. considered as (1) whole year.
o This is one which is o Retrenchment to
declared by the prevent losses- Is an
Supreme Court as economic ground to
ULTRA VIRES- what’s reduce the number of
done in excess of given employees. Reduction of
authority- often used in personnel for the purpose
corporate law. of cutting down on costs
 DOCTRINES- jurisprudence. of operations in terms of
Our jurisdiction follows the salaries and wages. 
doctrine of Stare Decisis, o Redundancy- Exist
wherein courts have to adhere where the services of an
to previous decisions and employee are in excess of
principles which has been what is reasonably
decided. demanded by the actual
 ATTY CACHO- labor standards requirements of the
are fixed by law, the question enterprise.
now is why doctrines are o Installation of labor-
included in the definition of saving devices-
labor standards. This can be Contemplates the
exemplified in the situation of installation of machinery

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 to effect economy and could be obtained
efficiency in the method through collective
of production bargaining or other
o Closing or cessation of concerted activities.
operation- the closure of o this pertains to the labor
business is a ground for relations
the termination of the o interaction between the
services of an employee employer and worker
unless the closing is for through the union
the purpose of o the objective- improves
circumventing pertinent terms and condition of
provisions of labor code. employment through
o Disease- An employer collective bargaining and
may terminate the other concerted activities
services of an employee o collective bargaining-
who has been found to be takes in form of
suffering from any negotiations when major
disease and whose conditions of employment
continued employment is are under consideration
prohibited by law or is o Concerted activities-
prejudicial to his health come in form of strike, a
as well as health of his positive act done by an
co-employees. employee in order to
 JUST CAUSES: improve terms and
o Serious Misconduct conditions of work
Standards  Sit-down strike
o Willful disobedience or  Slow-down strike
insubordination  Picketing- laborers
o Gross and Habitual usually carry
Negligence placards and stop
o Fraud or willful breach of working
trust (Dishonesty)  There should be
o Loss of confidence employer-
o Commission of a crime or employee
offense against the relationship in a
employer or his strike for it to be
immediate family. considered as a
o Analogous cases concerted activity
 SECOND PART OF THE o When there is deadlock
DEFINITION: and impasse, the
o by establishing a legal employers can refer to
framework within the remedy that the
which better terms strike should be peaceful
and conditions of work and that it requires

5
 grounds such as unfair for the legislative
labor practice. department to enact laws
o The counterpart of strike in order to implement
which has been these policies. Ex: policy
considered as the potent on anti-political dynasty
weapon of the union
Labor arbiter (like judges) –
against the management
arbitration branch
is CLOSE-SHOP
AGREEMENT 2. LABOR STANDARDS LAW
 Employers would  body of statutes, rules and
tend to compel the doctrines that governs rights
union to reduce and duties of workers and
their demands so employers respecting terms
that they could and conditions of
meet again on a employment by prescribing
common ground certain standards therefor
 standards- whether
C. ELEMENTS OF LABOR LAW minimum or maximum, serve
as bases of rights and duties
1. LABOR POLICIES of workers and employers
 principles or guidelines that  Examples
define State policies 1. Book III- Conditions of
regarding labor and Employment
employment 2. Decrees on Cost of
 although they do not govern Living Allowance (P.D.
the relations per se between 525)
employers and workers, they 3. 13th Month Pay (P.D.
represent a new dimension 851)
that is integral part of labor
law
3. LABOR RELATIONS LAW
 may be classified into 2:
 body of statutes, rules,
 constitutional policies
principles and doctrines that
 Art XIII, Sec.3
governs the rights and duties
 And statutory policies
of workers and employers by
 Book I and II of the
establishing a legal
Labor Code
framework within which
 Can they be source of
better terms and conditions
rights? NO. They are
of work could or obtained
only guidelines. This is
through collective bargaining
the reason why there are
and other concerted activity
lots of provisions in the
 sets legal parameters
constitutions which
whereby workers may
remains as mere policies
undertake concerted activities
because there is a need
to secure better conditions of

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 employment than those E. LABOR LAW AND SOCIAL
prescribed by labor standards LAW COMPARED
law
 Examples SOCIAL LAW
1. Book V- Labor  Body of rules and statutes
Relations and its aimed at promoting the general
2. Amendatory Laws welfare of all the people, with
special reference to labor
D. RELATIONSHIPS &  General welfare- it should
DISTINCTIONS always be in the pursuance of
health, security, public policy,
LABOR LABOR LABOR education.
POLICIES STANDARDS RELATIONS  Promotes social justice
LAW LAW  Tries to ensure the welfare and
 Set the  Prescribe the  Provide the economic security of all the
guidelines demarcation procedures people, if this is not possible
to be s in terms that govern then to bring about the
implemente and the methods greatest good for the
d by the conditions of by which
greatest number
other two employment terms and
 2-fold justification (labor
 Essentially conditions of
substantive work over orientation of social law)
 Purpose: and above 1. labor constitutes the
either the great majority (about
protective or demarcation 85%) of the population,
ameliorative s as set by hence any effort to
 Labor labor achieve the well-being of
standards- standards all the people, or at least
may be laws may be the greatest good for the
found in the obtained greatest number, should
law itself  Largely be directed toward this
procedural sector (quantitative
in character
reason)
 Terms and
2. to promote the welfare of
conditions
obtained are the society, any attempt
not found in to strengthen the society
the law itself should be addressed
but in towards its weakest link,
collective which is labor
bargaining (qualitative reason) –
agreements, treatment – out of
arbitration desperation, they
awards and would work – most
decisions exploited -
 EXAMPLE:
1. Agrarian law

7
 2. SSS Law  Those who have less should
have more in law- Pres.
DIFFERENCES:
Ramon Magsaysay
1. As to OBJECT
- LL- improve the well- CALALANG VS WILLIAMS (70
being of labor (employer- PHILS 725)
employee relationship) FACTS:
- SL- promote the welfare  National Traffic Commission
of the society in general (NTC) where A.D. Williams is
(greatest good for the the chairman, recommended a
greatest number) resolution (July 17, 1940) to
2. As to SUBJECT MATTER the director of Public Works and
- LL- deals on subjects of Secretary of Public Works.
proximate and direct  The said resolution prohibits
interest to workers animal-drawn vehicles for a
 Example period of 1 year from date of
1. Wages opening of Colgante Bridge to
2. Hours of traffic to pass along:
work (8 1. Rosario St. extending
hours) from Plaza Calderon de la
- SL- treats of matters of Barca to Dasmariñas St.
remote or indirect to from 7:30 am to
workers 12:30pm and from
 Example 1:30pm to 5:30 pm
1. Employee 2. Along Rizal Ave.
compensati extending from Railroad
on Xing at Antipolo St. to
2. Social Echague St. from 7:00am
security to 11:00 pm
3. As to APPLICATION  It was approved and
- LL- provides benefits to recommend and was modified
workers actively with
employed and as long as 1. Limited to Railroad Xing
there is still employer- to Azcarraga St from
employee relationship. 7:00am to 11:00 pm
- SL- concerned with those 2. Rosario St. (no
whose employment is modifications)
interrupted by sickness, ISSUES:
disability, death and a. W/N the resolution is
other causes UNCONSTITUTIONAL because it
constitutes undue delegation of
F. SOCIAL JUSTICE legislative powers
b. W/N Commonwealth Act 548
SOCIAL JUSTICE constitutes unlawful

8
 interference with legitimate powers underlying the
business or trade and abridge existence of all governments
right to personal freedom of on the time-honored
locomotion principle: salus populi est
c. W/N the resolution infringes suprema lex (the welfare of
upon constitutional precept the people should be the
regarding promotion of social supreme law)
justice to insure well-being and - must be founded on
economic security of all the RECOGNITON OF NECESSITY
people of interdependence among
diverse units of society and of
RULING:
protection that should be
a. No
equally and evenly extended
b. No
to all groups as a combined
c. No
force in our social and
RATIONALE: economic life
 SOCIAL JUSTICE - consistent with the
- neither communism, fundamental and paramount
despotism, atomism nor objective of the state of
anarchy but the PROMOTING the health.
HUMANIZATION of laws and Comfort and quiet of all
equalization of social and persons and bringing about
economic forces by the State the “greatest good to the
so that JUSTICE in its rational greatest number”
and objectively secular
conception may at least be
approximated G. SOURCES OF THE POWER TO
- means “promotion of welfare ENACT LABOR LAWS
of all the people” - CONSTITUTION
- the adoption by the 1. Art. II, Sec. 18
Government of measures - “The state affirms labor as
calculated to insure economic a primary social economic
stability of all the competent force. It shall protect the
elements of society rights of the workers and
- through the maintenance of a promote their welfare”
proper economic and social 2. Art XIII, Sec. 3
equilibrium in the - “The state shall afford full
interrelations of the members protection to labor, local
of the community and overseas, organized
- constitutionally- through or unorganized and
adoptions of measures which promote full employment
are legally justifiable opportunities for all”
- extra-constitutionally- 3. ART XII, SEC. 12
through the exercise of

9
 - “The State shall promote 2. Germane to the purposes of
the preferential use of law
Filipino labor, domestic 3. NOT confined to existing
materials and locally conditions
produced goods, and 4. Apply equally to members of
adopt measures that help the same class
make them competitive.”
The records show that there is a
- (See New constitutional
greater number of maltreatment cases
Policies) on women compared with men. The
Order clearly affords women for
- POLICE POWER protection. The “protection to labor”
clause is not only embedded on
 Inherent power of the State to
promotion of employment alone it also
enact legislation that may includes protection of laborers from
interfere with personal liberty maltreatment in their workplace
and property in order to RATIONALE:
promote general welfare  Police Power
 It is invasive, the definition is a. Imposition of restraint
couched in a negative term upon liberty or property
b. To foster common good
 When power is used to
PASEI vs. DRILON (186 SCRA
private interests at the
386)
expense of citizenry, then
FACTS:
there is clearly a misuse
DOLE passed D.O. No. 1-
of power
“Guidelines governing the temporary
suspension of Deployment of Filipino  Art XIII, Sec. 3
Domestic &Household Workers” which  “The State shall regulate
is applicable only to domestic helpers the relations between
and female workers with similar skills. workers and employers,
Philippine Association of Service recognizing the right of
Exporters Inc. invoked violation of labor to its just share in
Sec. 3 of the constitution the fruits of production
ISSUE: W/N the exercise of police and right to enterprises
power through D.O. No. 1 is to reasonable returns on
valid investments and to
RULING:
expansion and growth”
Yes. There is no satisfactory
reason why D.O. No. 1 should be
nullified. The order does not make H. RATIONALE OF LABOR LAWS
undue discrimination among sexes.
The classification of identity of rights ART. 1700 (Civil Code)
between men and women is valid  “The relations between capital
provided that: and labor are not merely
1. It rests on substantial contractual. They are so
distinctions impressed with public interest
that labor contracts must yield
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 to the common good. shared responsibility
Therefore, such contracts are between workers and
subject to the special laws on employers and the
labor unions, collective preferential use of
bargaining, strikes and voluntary modes in
lockouts, closed shop, wages settling disputes,
working conditions, hours of including conciliation,
labor and similar subjects.” and shall enforce their
 Special laws are known mutual compliance
collectively as labor laws therewith to foster
 Labor is imbued with public industrial peace.”
interest  preferential modes of settling
disputes to promote industrial
peace: (JUDICIAL DISPUTE
I. SIGNIFICANCE OF
SETTLEMENTS)
CONSTITUTION TO LABOR
o Conciliation- only an
 It defines new State policies on impartial 3rd party but he
labor does not render a
 It guarantees individual and decision. He only acts as
collective rights of workers a referee between the
 Contains nationalistic provisions two parties
protecting Filipino labor o Mediation- where the
mediator, who is likewise
J. NEW CONSTITUTIONAL impartial, suggest
POLICIES ON CONCERNING proposals between the
LABOR parties
1. ART II, SEC. 18 o Arbitration (2 kinds)
- “The State affirms labor  Voluntary- parties
as a primary social would submit their
economic force. It shall labor dispute
protect the rights of before a voluntary
workers and promote arbitrator and the
their welfare.” VA will render a
2. ART XII, SEC. 12 decision which is
- “The State shall promote supposedly final
however, if it is
the preferential use of
founded that he
Filipino labor, domestic
acted with grave
materials and locally
abuse of discretion
produced goods, and
then it can be
adopt measures that help
assailed before the
make them competitive.”
regular courts
3. ART XIII, SEC. 3
- “…The State shall  Mandatory- if an
employee is
promote the principle of

11
 dismissed and he K. RESTATEMENT OF OTHER
is questioning his CONSTITUTIONAL POLICIES
dismissal, then he 5. ART XIII, SEC. 3
would have to file - “The State shall
a complaint before afford full protection to
the arbitration labor, local and overseas,
branch and that is organized and
actually what unorganized, and
CANNOT be promote full employment
ignored by the and equality of
employer. employment
4. ART XIII, SEC. 14 opportunities for all….
- “The State shall protect (restated from 1973
working women by consti)
providing safe and - Local and overseas-
healthful working migrant workers act, for
conditions, taking into local and domestic-
account their maternal provisions of labor code
functions, and such - Organized- the
facilities and establishment has a
opportunities that will union
enhance their welfare - Unorganized- the
and enable them to
establishment does not
realize their full potential
have a union
in the service of the
- Promote full employment
nation.”
and equality of
- In line with this is the
employment
enactment of the Magna
opportunities- placing of
Carta for Women
the workers to the
- Abolition of the chapter
position commensurate to
prohibiting the night time their qualification
work for women in order - “…The State shall
to accommodate those
regulate the relations
working in call centers
between workers and
- For the special workers
employers, recognizing
wherein women would fall the right of labor to its
under, there is a whole just share in the fruits of
chapter there providing production and the right
protection for working of enterprises to
women such as providing reasonable returns on
seats for women, or investments, and to
providing for lactation expansion and growth.”
area - Reasonable returns of
investment- the only

12
 constitutional provision includes laws that provide particular
wherein the right of the kinds of protection or benefits to
management was duly society or segments thereof in
recognized (ROI) furtherance of social justice (the aim
- As you can see the state of labor laws)
could not adopt a hands-
Laws that will promote common good.
on policy because of this
provision to regulate the Objective: Promotion of social justice
relation between the
employer and worker, in
other words, it always
has to step in in order to
tilt the *inaudible*
imbalance between the
employer and the
employee
- Why is labor entitled to
protection? Employers
have this resources that
can sustain them during
a labor dispute. However,
employees who are
terminated have no
resources after
termination during labor
disputes
Concept of Utilitarianism
 This policy precludes the state - the doctrine that actions are
from adopting laissez fair right if they are useful or for the
policy on labor relations due to benefit of a majority. the
public interest involved therein. doctrine that an action is right
insofar as it promotes
happiness, and that the
L. CONSTITUTIONAL RIGHTS greatest happiness of the
OF LABOR greatest number should be the
 Classified into two guiding principle of conduct.
a. Individual rights- found in - Utilitarianism is a theory of
ART III, const. morality, which advocates
actions that foster happiness or
b. Collective rights- found in
pleasure and opposes actions
ART XIII, Sec. 3
that cause unhappiness or
harm.
BASIC PRINCIPLES - Utilitarianism would say that an
action is right if it results in the
Definition of Social Law happiness of the greatest

13
 number of people in a society or public safety, health, and morals, to
a group. justify the destruction or abatement
- Ethical system by summary proceedings of whatever
- Utilitarianism vs Hedonism may be regarded as a public nuisance.

Rationale for the enactment of Conditions to justify the state’s

Social Laws exercise of police power:
- Public security, health, peace,
morality, and safety of its 1. The interests of the public
citizens = welfare of the society generally, as distinguished from
 Police Power (the source of those of a particular class,
enacting social laws) require such interference;
- Concept/definition – such 2. The means are reasonably
wholesome and reasonable necessary for the
laws, not repugnant to the accomplishment of the purpose
Constitution, as it shall judge and not widely oppressive upon
to be for the good and individuals
welfare of the state and its
people. It is based on Latin The legislature may not under the
maxims: (a) salus populi est guise of protecting the public
suprema lex (the welfare of interests, arbitrarily interfere with
the people is the supreme private business or impose unusual or
law); and (b) sic utere tuo ut unnecessary restrictions upon l awful
alienum non laedas (so use occupations.
your own as not to injure
another’s property). Its Social Justice
source is the social common
good. Objective of Social Justice

Police power is the exercise within the Social Justice Clause – promotion of
limits of the constitution interfere to social justice is made mandatory
the life, liberty and property for the under this Constitutional provision.
promotion of social/general welfare. This is a departure from the 1935
(PASEI vs Drilon: banning women Constitution whose provision merely
OFW) states that it should be the concern of
the State.
General welfare: health, safety,
security, morals etc. anything that Section 10, Article 2 of the 1987
would promote common good. "The Constitution provides: “The State
maintenance of peace and order, the shall promote social justice in all
protection of life, liberty, and phases of national development.”
property, and promotion of the
general welfare are essential for the Definition of Social Justice
enjoyment by all the people of the
blessings of democracy. . . .” Social Justice – according to Justice
Laurel, is neither communism, nor
Extent and limits of police power – despotism, nor atomism, nor anarchy,
includes everything essential to the but the humanization of the laws and

14
the equalization of the social and economic resources are owned and
economic forces by the State so that controlled by the state (rather than
justice in its rational and objectively individual citizens); under socialism,
secular conception may at least be all citizens share equally in
approximated. economic resources as allocated by
a democratically elected government.
It means the promotion of the welfare
of the people, the adoption by the  Rights guaranteed by social
Government of measures calculated to justice
insure economic stability of all the
component elements of society i. Equality of opportunity
through the maintenance of proper ii. Equality of political rights
economic and social equilibrium in the iii. Equality before the law
inter- relations of the members of the iv. Equality between values given
community; constitutionally, through and received
the adoption of measures legally
justifiable, or extra-constitutionally, Equitable sharing of the social and
through the exercise of powers material goods on the basis of efforts
underlying the existence of all exerted in their production as applied
governments, on the time-honored to metropolitan centers, specially in
principle of salus populi est suprema relation to housing problems
lex. (Calalang v Williams)
It is a command to devise ways and
 Social justice, neither means for the elimination of slums,
communism nor socialism shambles, shacks, and houses that are
dilapidated, overcrowded, without
Communism is an ideology ventilation, light and sanitation
characterized economically by the facilities and for the construction in
State’s total ownership of all the their places of decent dwellings for the
means of production and distribution, poor and the destitute
and politically by a rigid dictatorial
control of an individual under the so-  Condemnation of blighted areas
called dictatorship of the proletariat. bears direct relation to public
safety, health and morals, and
Socialism, on the other hand, is an is legal
economic ideology which advocates
substantial ownership of the means Social Justice according to the
of production and distribution by the case of Calalang vs Williams:
State.
Social justice is "neither communism,
Despotism is a one-man rule. nor despotism, nor atomism, nor
Exercises absolute power. Atomism, anarchy," but the humanization of
individualism, one is motivated by laws and the equalization of social
selfishness. Anarchy, a lawless and economic forces by the State
situation. so that justice in its rational and
objectively secular conception
The main difference is that under may at least be approximated.
communism, most property and

15
In dealing with economic and social, and thereafter enforce by Manila
there must be a human element. Mayor and the acting chief of police.
Maximo Calalang then, as a citizen
Social justice means the promotion and a taxpayer challenges its
of the welfare of all the people, the constitutionality.
adoption by the Government of
measures calculated to insure Issue: Whether the rules and
economic stability of all the competent regulations promulgated by the
elements of society, through the Director of Public Works infringes upon
maintenance of a proper economic and the constitutional precept regarding
social equilibrium in the interrelations the promotion of social justice
of the members of the community,
constitutionally, through the adoption Held: The promotion of social justice is
of measures legally justifiable, or to be achieved not through a mistaken
extra-constitutionally, through the sympathy towards any given group. It
exercise of powers underlying the is the promotion of the welfare of all
existence of all governments on the people. It is neither communism,
time-honored principle of salus populi despotism, nor atomism, nor anarchy
est suprema lex. Social justice, but the humanization of laws and the
therefore, must be founded on the equalization of social and economic
recognition of the necessity of forces by the state so that justice in
interdependence among diverse its rational and objectively secular
units of a society and of the protection conception may at least be
that should be equally and evenly approximated.
extended to all groups as a combined
force in our social and economic life, According to the late Pres Ramon
consistent with the fundamental and Magsaysay in His Inaugural
paramount objective of the state of Address on December 30, 1953
promoting the health, comfort, and
quiet of all persons, and of bringing Those who have less in life should
about "the greatest good to the have more in law.” (President Ramon
greatest number." (Calalang vs. Magsaysay)
Williams)
They should be protected more in
Facts: The National Traffic enactment of social laws.
Commission recommended the
Director of Public Works and to the Heretofore, social justice has raised
Secretary of Public Works and fervent but frustrated hopes in the
Communication that animal-drawn hearts of our less fortunate citizens.
vehicles be prohibited from passing We must not permit social justice to
along Rosario St. extending from Plaza be an empty phrase in our
Calderon de la Barca to Dasmarinas Constitution. We must bring it to life –
St. from 7:30 am to 12 pm and 1:30 for all.
pm to 5:30 pm and also along Rizal
Avenue from 7 am to 11 pm from a The land tenure system of our country
period of one year from the date of shall be reexamined, to purge it of
the opening of Colgante Bridge to injustice and oppression.
traffic. It was subsequently passed

16
“Land for the landless” shall be more To equalize political power.
than just a catch-phrase. We will
translate it into actuality. We will clear Common good: aim of social
and open for settlement our vast and legislation
fertile public lands which, under the
coaxing of willing hearts and in- Section 2. The promotion of social
dustrious hands, are waiting to yield justice shall include the commitment
substance to millions of our to create economic opportunities
countrymen. based on freedom of initiative and
self-reliance.
Democracy becomes meaningless if it
fails to satisfy the primary needs of LABOR
the common man, if it cannot give
him freedom from fear and on which a Section 3. The State shall afford full
strong republic can be built. His protection to labor, local and
happiness and security are the only overseas, organized and unorganized,
foundations on which a strong republic and promote full employment and
can be built. His happiness and equality of employment opportunities
security shall be foremost among for all.
the goals of my administration.
Local and overseas: those who are
Constitutional Provision on Social employed in other countries, domestic
Justice and international laborers (OWWA,
DOLE, Labor Attaches, POEA: to clear
ARTICLE XIII the overseas contracts)

SOCIAL JUSTICE AND HUMAN Overseas workers - DOLE, OWWA,

RIGHTS POEA

Section 1. The Congress shall give Organized/Unorganized - Labor Unions

highest priority to the enactment of
measures that protect and enhance Quality of employment opportunities -
the right of all the people to human depending upon his qualifications,
dignity, reduce social, economic, and should be placed in a position equal to
political inequalities, and remove his qualifications.
cultural inequities by equitably
diffusing wealth and political power for Self-organization: formation of unions
the common good.
Collective bargaining and negotiations:
To this end, the State shall regulate collective bargaining agreement (CBA)
the acquisition, ownership, use, and
disposition of property and its Minimum wage: covers basic
increments. necessities such as clothing, food, etc

Shows that there is a need for the Living wage: can give you life or
legislative branch to enact laws which luxury - going to the gym, shopping,
will protect and maintain the rights of money to splurge
the people. (Political)

17
Organized: established which has Rationale why the state encourages
union. Promote full employment unionism: to strengthen an individual
to raise his concerns.
Equality…: regardless of sex, creed,
status without any discrimination. Right to strike: there should be an
Should be on the basis of qualification. employee-employer relationship.
In law, it is about the placing of Deadlock in the CBA or there are
man/applicants to right positions unfair labor practices by the employer
[power conforming and commensurate and inhuman labor conditions. Must be
to his qualifications.] in accordance with the law. There
must be a procedure that must be
Blue collar – manual labor complied with by the union: notice of
strike, during on-going strike,
White collar – refers to office members must not resort to violence
employment
Violations of CBA – the law between
Right to strike – most important the parties. Economic: money matters
weapon. To pressure the management
Security of Tenure: against dismissal
It shall guarantee the rights of all without due process of law. Labor,
workers to self-organization, collective property and liberty are one in sense
bargaining and negotiations, and in the constitution. Procedural and
peaceful concerted activities, including substantive justice (dwelling on reason
the right to strike in accordance with why an employee should be
law. They shall be entitled to security terminated). Notice and hearing. Just
of tenure, humane conditions of work, and authorize conditions for
and a living wage. They shall also termination.
participate in policy and decision-
making processes affecting their rights Why should there be due process in
and benefits as may be provided by termination? For the employees to
law. sleep sound at night with the security
that they still have jobs. Once
Right to self-organization: refers to employment is considered as property
formation of unions, to encourage (connect with due process clause)
unionism. When a union strike, it will
amount to disruption of work, forms a humane conditions of work: the
negative concept to the mind of the dignity, safety and health standards at
public; unions will negotiate. To work. This will apply to hazardous
equalize the workers and the works. Eg. First aid kit, occupation
employers. Applies to employees of safety and hazard test
commercial, industrial, agricultural,
non-profit, non-stock institutions. Living wage: a wage that is high
enough to maintain a normal standard
Collective bargaining and negotiation: of living.
an agreement; it binds the parties and
has the effects of law. To improve Minimum wage: covers
current situation and conditions of
employment. Eg. Daily minimum wage

18
Can they invoke policy making To foster industrial peace. For them to
provision by demanding the company focus on work and management
to give them a sit at the board of instead on issues and controversies.
directors:
The State shall regulate the relations
Participation to policy making: policy between workers and employers,
of co-determination. Discipline for recognizing the right of labor to its
code of conduct; matters pertaining to just share in the fruits of production
policies that chart the direction of the and the right of enterprises to
company, strategy reasonable returns to investments,
and to expansion and growth.
The State shall promote the principle
of shared responsibility between The state cannot adopt hands off
workers and employers and the policy;; must always intervene.
preferential use of voluntary modes in
settling disputes, including EER – imbued with public interest
conciliation, and shall enforce their
mutual compliance therewith to foster This provision mentions the employer.
industrial peace. Recognition that they are entitle to
reasonable return of their investment.
Effectivity of the voluntary dispute
settlement – if the arbitrator has The profit you amass, the more you
rendered decision, they must yield to can cascade it to your employees.
it since it is voluntary
Balancing of interest (ECQ matters)
Any dispute between employer- investment of employers and health
employee must be settled amicably. risk – balancing of interest
Compulsory arbitration – complainant
with bring his action to the arbiter. LABOR
Disputes among managements
Labor – in its limited concept, it refers
WAYS OF SETTING DISPUTES: process to physical or mental exertion
of consolation (presence of an necessary to produce goods. In its
impartial 3rd person as a referee, a broader concept, it may include the
pacifier), mediation (will make labor force who are employed or those
proposals to settle), arbitrator (render who are able and willing to work but
a decision). are temporarily or involuntarily
unemployed. The term manpower as
Judicial dispute resolution – judge as defined in the Code is within the
mediator: would make comments on context of labor, that is, the portion
the merits of the case to entice the of the nation’s population which
parties to settle. If no settlement, has actual or potential capability to
judge will have to inhibit his self (he contribute to the production of goods
already gave his comments, to avoid and services.
impartiality)
Labor Law – includes all the rules of
law governing the conditions under
which persons may work under the

19
control of other persons called Whereas, social legislation is a broad
employers. The term may also refer to term that may cover labor laws. Laws
labor standards and labor relations that seek to promote the common
laws governing hours of work, weekly good, generally by protecting and
rest periods, minimum wage rates, assisting the weaker members of
unfair labor practices, strikes, and society, are considered to be social
lockouts. These laws are designed to legislation.
look more on the immediate results of
employer-employee relationship. As a Labor Law Social Law
concept, it is the body of rules and More direct in governs the
principles which governs the relation its application effects of
between labor and management in the as it affects employment such
collective, as distinguished from the directly actual as compensation
principles determining the rights and employment for injuries and
liabilities consequent to the individual such as wages death
relationship of employer and
employees. Focused on encompasses
employees labor law,
Labor standards prescribe the terms
and conditions of employment as Direct interest
affecting wage s or monetary benefits, to worker:
hours of work, cost of living wages, working Indirect interest
allowances, and occupational health, time to laborers.
safety and welfare of the workers. On Employee’s
the other hand, labor relations is used compensation: in
to denote all matters arising out of case of injury,
employer-employee relationship disability or death
involving the concerned action on the suffered by an
part of the workers which is usually employee eg. SSS
Provides
related with right to self-organization, law
benefits for
collective bargaining and negotiation
employees
processes. Labor relations is all-
currently or
embracing to include labor standards
actively
benefits which are proper bargaining
employed Those who
issues, that is, within the domain of
already resigned
labor relations.
Designed to involves long-
meet the daily range benefits
Labor Law and Social Legislation
needs of a
distinguished
worker
Covers covers
Labor law deals with the minimum
employment for employment for
benefits and terms and conditions of
profit or gain gain or non-profit
employment that an employee is
Affects the work affects the life of
entitled to as a matter of right and an
of the employee the employee
employer is obliged to give his
Benefits are benefits are paid
employees as a matter of obligation
paid by the by government
worker’s agencies

20
 employer administering the - Act No. 2549 of 1916 –
program such as prohibiting compulsory
Employee’s purchase of merchandise by
Compensation and mere payment by chits
Commission, SSS or tokens to workers
or GSIS - Act No. 3071 – the Woman
and Child Labor Law of 1932
Due to the impact of labor law upon promulgated primarily to
the society as it affects the greater protect women and children
number or bulk of the population, it from economic exploitation
may also be considered as a social - Act No. 3428 – Workmen’s
legislation. Hence, the latter is broader Compensation Act of 1927
in scope as it even encompasses the - Act No. 2071 – Anti-Slavery
concept of labor law. Law
- Acts 2548 and 3954 – Acts
Labor is oriented toward social laws. of Payment of Wages
Justifications (1) Quantitative: - Act 3957 – Private
almost 85% of our population is Employment Agency Law
composed of laborers. (2)
Qualitative: weakest link of our  The assumption of Pres. Manuel
society. Quezon in 1935 freed the
laborers from economic
Employers’ vs Employee: in order to bondage. He energetically
level them in the scale of justice, instituted changes and reforms
there must be laws to empower them. to nourish the young and
Employees are the most susceptible to developing republic, such as
abuses. championing the cause of the
workingmen with his
Capsule history of Philippine labor revolutionary social justice
and social legislation programs culminating in the
enactment of the following
 Old Civil Code (Articles 1583 to laws:
1587) – regulating the relations
between master and domestic - C.A. 213 – creating the
servant Court of Industrial
Relations
 Code of Commerce (Article 283 - C.A. 444 – Eight-Hour
to 302) – regulating the Labor Law
relations between employer and - C.A. No. 104 – Industrial
employee Safety Law
 Earlier part of American regime - C.A. 213 – Union
Registration Act
- Act No. 702 – Chinese - C.A. 647 – granting
Registry Act maternity leave to women
- Act No. 1874 – the in the service
Employers Liability Act of
1908  Under the Philippine Republic
Labor legislations law:
21
 - R.A. 602 – Minimum justice; a dynamic instrument of social
Wage Law justice and economic development;
- R.A. 1052 as amended by bible of the workingmen and their
R.A. 1787 - Termination shield at the same time against
Pay Law arbitrary and abusive practices of the
- R.A. 679 – Woman and management.
Child Labor Law
- R.A. 946 – Blue Sunday  Several amendments of the
Law Labor Code
- R.A. 875 – Industrial
Peace Act R.A. No. 6715 - New Labor Relations
- R.A. 1167 – Peaceful Law
Picketing Law R.A. No. 6725 – law prohibiting
- R.A. 3600 – Anti-Scab discrimination against women
Law R.A. No. 6727 – Wage Rationalization
Act
 Welfare legislations law: Acts strengthening the worker’s
constitutional right to self-organization
— R.A. 1161 – The Social
Security Law  E.O. 111
R.A. 1169 as amended,  R.A. 7641
Agricultural Tenancy Law  R.A. 7655
— R.A. 3844 – the  R.A. 7700
Agricultural Land Reform  R.A. 7730
Code  R.A. 9231
 R.A. 9241
 During the Martial Law  R.A. 9262
 R.A. 9481
P.D. No. 2 – declaration of the entire
Philippines as a land reform area. Purpose of Labor Legislation – it is a
Such act would meet steel-strong truism that because of the economic
opposition in the legislature as the superiority of capital, labor, as a factor
members are predominantly owners of of production, is weak and helpless
vast tracks of land. and finds itself easily in trouble
without the necessary succor from the
P.D. 27 (Emancipation Decree) – state. The state, in the exercise of its
emancipating the tenants from the police power which is “the power to
bondage of the soil prescribe regulations to promote the
health, morals, peace, education,
P.D. 442 (Labor Code of the good order or safety and welfare of
Philippines) – May 1, 1974; a decree the society”, should enact wholesome
instituting a Labor Code thereby and reasonable laws to preclude a
revising and consolidating labor and feeling of discontent which may lead
social laws to afford protection to to violent and bloody upheavals
labor, promote employment and among workers who constitute the
human resources development and bulk population of the state.
insure industrial peace based on social

22
Labor legislation is therefore intended Mandate of Congress for landless
to protect the worker form the mighty farmers to own the lands they are
and to correct the injustices that are tilting. Agricultural workers. Objective
inherent in employer-employee is for them to own the lands they till
relationship. It provides the s et of or to receive just fair.
restrictions upon the worker in his
relationship with the employer and The landowner can form a corporation.
vice-versa in order to maintain Fruits are the dividends.
industrial peace and harmony; thereby
promoting industrial democracy. Eg. Hacienda Luisita: they want title
Ultimately, the primordial purpose of not stocks so that it can be turned to
labor legislation is to promote the money consideration
welfare of the people based on the
Latin maxim: salus populi est suprema AGRARIAN AND NATURAL
lex – the welfare of the people is the RESOURCES REFORM
first law.
Section 4. The State shall, by law,

undertake an agrarian reform program

Labor Orientation of Social Laws founded on the right of farmers and
regular farmworkers who are landless,
to own directly or collectively the
lands they till or, in the case of other
farmworkers, to receive a just share of
Agrarian Reform and Natural the fruits thereof. To this end, the
Resources State shall encourage and undertake
the just distribution of all agricultural
Primary objective of the agrarian lands, subject to such priorities and
reform program is to breakup reasonable retention limits as the
agricultural lands and transform them Congress may prescribe, taking into
into economic-size farms to be owned account ecological, developmental, or
by the farmers themselves, with the equity considerations, and subject to
end in view of uplifting their socio- the payment of just compensation. In
economic status. determining retention limits, the State
shall respect the right of small
AGRARIAN REFORM landowners. The State shall further

23
provide incentives for voluntary land- The protection shall extend to offshore
sharing. fishing grounds of subsistence
fishermen against foreign intrusion.
Retention limit Fishworkers shall receive a just share
from their labor in the utilization of
Section 5. The State shall recognize marine and fishing resources.
the right of farmers, farmworkers, and
landowners, as well as cooperatives, Section 8. The State shall provide
and other independent farmers’ incentives to landowners to invest the
organizations to participate in the proceeds of the agrarian reform
planning, organization, and program to promote industrialization,
management of the program, and employment creation, and
shall provide support to agriculture privatization of public sector
through appropriate technology and enterprises. Financial instruments
research, and adequate financial, used as payment for their lands shall
production, marketing, and other be honored as equity in enterprises of
support services. their choice.

Section 6. The State shall apply the Agrarian law embraces all laws that
principles of agrarian reform or govern and regulate the rights and
stewardship, whenever applicable in relationships over agricultural lands
accordance with law, in the disposition between landowners, tenants, lessees
or utilization of other natural or agricultural workers.
resources, including lands of the public
domain under lease or concession Agrarian Reform means the
suitable to agriculture, subject to prior redistribution of lands, regardless of
rights, homestead rights of small crops or fruits produced to farmers
settlers, and the rights of indigenous and regular farmworkers who are
communities to their ancestral lands. landless, irrespective of tenurial
arrangement, to include the totality of
The State may resettle landless factors and support services designed
farmers and farmworkers in its own to life the economic status of the
agricultural estates which shall be beneficiaries and all other
distributed to them in the manner arrangements alternative to the
provided by law. physical distribution of lands.

Section 7. The State shall protect the

rights of subsistence fishermen, Laws Governing the Relationship
especially of local communities, to the between landowners and tenants
preferential use of the communal
marine and fishing resources, both Spanish Era Civil Code
inland and offshore. It shall provide American Rice Share
support to such fishermen through Regime Tenancy Act
appropriate technology and research, Sugar Share
adequate financial, production, and Tenancy Act
marketing assistance, and other Commonwealt CA 53 –
services. The State shall also protect, h Period recognizing
develop, and conserve such resources. testimony of the

24
 tenant as prima the tenants.
facie evidence of Aquino Comprehensive
the terms of a Presidency Agrarian Reform
tenancy contract Law
that was not
reduced to writing. Agrarian Reform History

CA 178 – amended Pre-Spanish Period

Rice Share
Tenancy Act “This land is Ours God gave this land
to us”
CA 271 – amended
Act. 4113 by Before the Spaniards came to the
extending its Philippines, Filipinos lived in villages or
application to barangays ruled by chiefs or datus.
sugar farm workers The datus comprised the nobility.
Then came the maharlikas (freemen),
CA 461 – provided followed by the aliping mamamahay
security of tenure (serfs) and aliping saguiguilid (slaves).
to agricultural
tenants However, despite the existence of
After Agricultural Share different classes in the social
independence Tenancy repealed structure, practically everyone had
all existing tenancy access to the fruits of the soil. Money
laws was unknown, and rice served as the
medium of exchange.
RA 1400 – set in
motion the Spanish Period
expropriation of all
tenanted estates “United we stand, divided we fall”

Agricultural Land When the Spaniards came to the

Reform Code – Philippines, the concept of encomienda
abolished share (Royal Land Grants) was introduced.
tenancy and This system grants that
replaced it with Encomienderos must defend his
agricultural encomienda from external attack,
leasehold system. maintain peace and order within, and
Code of Agrarian support the missionaries. In turn, the
Reform – amended encomiendero acquired the right to
the ALRC collect tribute from the indios (native).
Marcos Regime PD 27 – Tenant
Emancipation Law: The system, however, degenerated
provided for the into abuse of power by the
transfer of lands encomienderos The tribute soon
primarily devoted became land rents to a few powerful
to rice and corn to landlords. And the natives who once

25
cultivated the lands in freedom were has. for private individuals and
transformed into mere share tenants. 1,024 has. for corporations.
 Land Registration Act of 1902
First Philippine Republic (Act No. 496) – Provided for a
comprehensive registration of
“The yoke has finally broken” land titles under the Torrens
system.
When the First Philippine Republic was  Public Land Act of 1903 –
established in 1899, Gen. Emilio introduced the homestead
Aguinaldo declared in the Malolos system in the Philippines. For
Constitution his intention to agricultural purposes: actual
confiscate large estates, especially tilling and not exceeding 12
the so-called Friar lands. hectares. Rationale: (Sta.
Ignacia vs CA) to provide land
However, as the Republic was short- and inculcate to individuals
lived, Aguinaldo’s plan was never being self reliant, infuse dignity
implemented. to him
 Tenancy Act of 1933 (Act No.
American Period 4054 <Rice> and 4113) –
regulated relationships between
“Long live America” landowners and tenants of rice
(50-50 sharing) and sugar cane
Land registration act – torrens system lands (Act. 178).
of land registration. Serves as
conclusive evidence, becomes The Torrens system, which the
indefeasible, after a year, can no Americans instituted for the
longer be assailed. EXP: if there is registration of lands, did not solve the
fraud or deceit. problem completely. Either they were
not aware of the law or if they did,
Spanish titles are no longer evidence they could not pay the survey cost and
of ownership other fees required in applying for a
Torrens title.
(Republic vs Alegada) torrens title
becomes indeasible after a year. Commonwealth Period

Under Sec. 1 of CA 141, the state may “Government for the Filipinos”
reclaim lands of public domain
transferred to private owners through President Manuel L. Quezon espoused
deceit. the "Social Justice" program to arrest
the increasing social unrest in Central
Significant legislation enacted during Luzon.
the American Period:
Significant legislation enacted during
 Philippine Bill of 1902 – Set the Commonwealth Period:
ceilings on the hectarage of
private individuals and  1935 Constitution – "The
corporations may acquire: 16 promotion of social justice to
ensure the well-being and

26
 economic security of all people Unfortunately, the end of war also
should be the concern of the signaled the end of gains acquired by
State" the peasants.
 Commonwealth Act No. 178 (An
Amendment to Rice Tenancy Act Upon the arrival of the Japanese in the
No. 4045), Nov. 13, 1936 – Philippines in 1942, peasants and
Provided for certain controls in workers organizations grew strength.
the landlord-tenant Many peasants took up arms and
relationships identified themselves with the anti-
 National Rice and Corn Japanese group, the HUKBALAHAP
Corporation (NARIC), 1936 – (Hukbo ng Bayan Laban sa Hapon).
Established the price of rice and
corn thereby help the poor Philippine Republic
tenants as well as consumers.
 Commonwealth Act. No. 461, “The New Republic”
1937 – Specified reasons for the
dismissal of tenants and only After the establishment of the
with the approval of the Philippine Independence in 1946, the
Tenancy Division of the problems of land tenure remained.
Department of Justice. These became worst in certain areas.
 Rural Program Administration, Thus the Congress of the Philippines
created March 2, 1939 – revised the tenancy law.
Provided the purchase and lease
of haciendas and their sale and President Manuel A. Roxas (1946-
lease to the tenants. 1948) enacted the following laws:
Commonwealth Act No. 441
enacted on June 3, 1939 –  Republic Act No. 34 --
Created the National Settlement Established the 70-30 sharing
Administration with a capital arrangements and regulating
stock of P20,000,000. share-tenancy contracts.
 Republic Act No. 55 -- Provided
Japanese Occupation for a more effective safeguard
against arbitrary ejectment of
“The Era of Hukbalahap” – New tenants.
People’s Army today
Elpidio R. Quirino (1948-
The Second World War II started in 1953) enacted the following law:
Europe in 1939 and in the Pacific in
1941. Executive Order No. 355 issued on
October 23, 1950 -- Replaced the
Hukbalahap controlled whole areas of National Land Settlement
Central Luzon; landlords who Administration with Land Settlement
supported the Japanese lost their Development Corporation (LASEDECO)
lands to peasants while those who which takes over the responsibilities of
supported the Huks earned fixed the Agricultural Machinery Equipment
rentals in favor of the tenants. Corporation and the Rice and Corn
Production Administration.

27
Golden arenola production, the tenant
cultivating the land
Ramon Magsaysay (1953- personally with the aid of
1957) enacted the following laws: labor available from
members of his
 Republic Act No. 1160 of 1954 immediate farm
-- Abolished the LASEDECO and household, and the
established the National produce thereof to be
Resettlement and Rehabilitation divided between the
Administration (NARRA) to landholder and the tenant
resettle dissidents and landless in proportion to their
farmers. It was particularly respective contributions.
aimed at rebel returnees o
providing home lots and o Leasehold tenancy exists
farmlands in Palawan and when a person who,
Mindanao. either personally or with
 Republic Act No. 1199 the aid of labor available
(Agricultural Tenancy Act of from members of his
1954) -- governed the immediate farm
relationship between household, undertakes to
landowners and tenant farmers cultivate a piece of
by organizing share-tenancy agricultural land
and leasehold system. The law susceptible of cultivation
provided the security of tenure by a single person
of tenants. It also created the together with members of
Court of Agrarian Relations. his immediate farm
o Leasehold – non payment household, belonging to
of rental or legally possessed by,
o Leasehold tenancy – another in consideration
o Share tenancy abolished of a price certain or
– share 50-50 of ascertainable to be paid
produced in the land by the person cultivating
o Preemption right to the land either in
refusal of the farmer – percentage of the
gives tenant right to production or in a fixed
negotiate for the amount in money, or in
acquisition of right both.
o Share tenancy exists  Republic Act No. 1400 (Land
whenever two persons Reform Act of 1955) -- Created
agree on a joint the Land Tenure Administration
undertaking for (LTA) which was responsible for
agricultural production the acquisition and distribution
wherein one party of large tenanted rice and corn
furnishes the land and lands over 200 hectares for
the other his labor, with individuals and 600 hectares for
either or both corporations.
contributing any one or  Republic Act No. 821 (Creation
several of the items of of Agricultural Credit

28
 Cooperative Financing President Marcos enacted the following
Administration) -- Provided laws:
small farmers and share tenants
loans with low interest rates of  Republic Act No. 6389, (Code of
six to eight percent. Agrarian Reform) and RA No.
6390 of 1971 -- Created the
President Carlos P. Garcia (1957- Department of Agrarian Reform
1961) and the Agrarian Reform Special
Account Fund. It strengthen the
Continued the program of President position of farmers and
Ramon Magsaysay. No new legislation expanded the scope of agrarian
passed. reform.
o Issued Certificate of Land
President Diosdado P. Macapagal Ownership Award
(1961-1965) enacted the following  Presidential Decree No. 2,
law: September 26, 1972 --
Declared the country under land
Republic Act No. 3844 of August 8, reform program. It enjoined all
1963 (Agricultural Land Reform Code) agencies and offices of the
-- Abolished share tenancy, government to extend full
institutionalized leasehold, set cooperation and assistance to
retention limit at 75 hectares, invested the DAR. It also activated the
rights of preemption and redemption Agrarian Reform Coordinating
for tenant farmers, provided for an Council.
administrative machinery for  Presidential Decree No. 27,
implementation, institutionalized a October 21, 1972 -- Restricted
judicial system of agrarian cases, land reform scope to tenanted
incorporated extension, marketing and rice and corn lands and set the
supervised credit system of services of retention limit at 7 hectares.
farmer beneficiaries. o Emancipation patents
o Caused social tension
The RA was hailed as one that would o More productive
emancipate Filipino farmers from the agriculture economy
bondage of tenancy. o Only rice and corn lands,
transferring it to the
Because it was against public policy. farmers who tiled
o Coverage: Rice and corn
President Ferdinand E. Marcos land
(1965-1986) o Retention area (the land
owner will retain after his
Proclamation No. 1081 on September land holding) 7 hectares
21, 1972 ushered the Period of the lowered to 5h later on
New Society. Five days after the o Exemption, owner asking
proclamation of Martial Law, the entire to exempt his land from
country was proclaimed a land reform the coverage of agrarian
area and simultaneously the Agrarian
Reform Program was decreed. President Corazon C. Aquino
(1986-1992)
29
 — Challenging presidency  Proclamation No. 131, July 22,
1987 – Instituted the CARP as a
— 6 or 7 coup de ta major program of the
government. It provided for a
— RA 6657 or CARL special fund known as the
Agrarian Reform Fund (ARF),
— Promulgated several EO with an initial amount of Php50
billion to cover the estimated
The Constitution ratified by the Filipino cost of the program from 1987-
people during the administration of 1992.
President Corazon C. Aquino provides  Executive Order No. 129-A, July
under Section 21 under Article II that 26, 1987 – streamlined and
“The State shall promote expanded the power and
comprehensive rural development and operations of the DAR.
agrarian reform.”  Republic Act No. 6657, June 10,
1988 (Comprehensive Agrarian
On June 10, 1988, former President Reform Law) – An act which
Corazon C. Aquino signed into law became effective June 15, 1988
Republic Act No. 6657 or otherwise and instituted a comprehensive
known as the Comprehensive Agrarian agrarian reform program to
Reform Law (CARL). The law became promote social justice and
effective on June 15, 1988. industrialization providing the
mechanism for its
implementation and for other
Subsequently, four Presidential
purposes. This law is still the
issuances were released in July 1987
one being implemented at
after 48 nationwide consultations
present. (Sec. 4 of the
before the actual law was enacted.
Constitution)
 Executive Order No. 405, June
President Corazon C. Aquino enacted
14, 1990 – Vested in the Land
the following laws:
Bank of the Philippines the
responsibility to determine land
 Executive Order No. 228, July
valuation and compensation for
16, 1987 – Declared full
all lands covered by CARP.
ownership to qualified farmer-
 Executive Order No. 407, June
beneficiaries covered by PD 27.
14, 1990 – Accelerated the
It also determined the value
acquisition and distribution of
remaining unvalued rice and
agricultural lands, pasture
corn lands subject of PD 27 and
lands, fishponds, agro-forestry
provided for the manner of
lands and other lands of the
payment by the FBs and mode
public domain suitable for
of compensation to landowners.
agriculture.
o A stop-gap measure
 Executive Order No. 229, July
Actual effectivity of martial law PD
22, 1987 – Provided mechanism
Sept. 21.
for the implementation of the
Comprehensive Agrarian Reform
PD 27 – agri and corn
Program (CARP).

30
CARP – all alienable lands devoted or o Only agri lands and those
suitable for agriculture mentioned are subject to
CARP
If not being used anymore, will be o Usually the beneficiary
part of CARP convert it into residential
or industrial
President Fidel V. Ramos (1992-  Republic Act 8532, 1998
1998) (Agrarian Reform Fund Bill) –
Provided an additional Php50
When President Fidel V. Ramos billion for CARP and extended
formally took over in 1992, his its implementation for another
administration came face to face with 10 years.
publics who have lost confidence in  Benefitted from the enactments
the agrarian reform program. His of Aquino administration
administration committed to the vision  Privatized the army reservation
“Fairer, faster and more meaningful BGC
implementation of the Agrarian
Reform Program. President Joseph E. Estrada
(1998-2000)
President Fidel V. Ramos enacted the
following laws: “ERAP PARA SA MAHIRAP’. This was
the battle cry that endeared President
 Republic Act No. 7881, 1995 – Joseph Estrada and made him very
Amended certain provisions of popular during the 1998 presidential
RA 6657 (Sec. 10) and election.
exempted fishponds and prawns
from the coverage of CARP. President Joseph E. Estrada initiated
 Republic Act No. 7905, 1995 – the enactment of the following law:
Strengthened the
implementation of the CARP by Executive Order N0. 151, September
amending some provisions 1999 (Farmer’s Trust Fund) – Allowed
(creation of support offices) the voluntary consolidation of small
 Executive Order No. 363, 1997 farm operation into medium and large
– Limits the type of lands that scale integrated enterprise that can
may be converted by setting access long-term capital.
conditions under which limits
the type of lands that may be During his administration, President
converted by setting conditions Estrada launched the Magkabalikat
under which specific categories Para sa Kaunlarang Agraryo or
of agricultural land are either MAGKASAKA. The DAR forged into
absolutely non-negotiable for joint ventures with private investors
conversion or highly restricted into agrarian sector to make FBs
for conversion. competitive.
 Republic Act No. 8435, 1997
(Agriculture and Fisheries However, the Estrada Administration
Modernization Act AFMA) – was short lived. The masses who put
Plugged the legal loopholes in him into office demanded for his
land use conversion. ouster.

31
RESTRICTION KALAHI ARZone - The KALAHI
Agrarian Reform (KAR) Zones were
— Emancipation patent or CLOA also launched. These zones consists of
one or more municipalities with
— CLOA can be used for loaning concentration of ARC population to
purposes (but loan must be in achieve greater agro-productivity.
agricultural activities)
Agrarian Justice - To help clear the
— Cannot be used in mortgage backlog of agrarian cases, DAR will
hire more paralegal officers to support
President Gloria Macapacal-Arroyo undermanned adjudicatory boards and
(2000-2010) introduce quota system to compel
adjudicators to work faster on
The agrarian reform program under agrarian reform cases. DAR will
the Arroyo administration is anchored respect the rights of both farmers and
on the vision “To make the landowners.
countryside economically viable for the
Filipino family by building partnership — CARPER RA 9700
and promoting social equity and new
economic opportunities towards — A form of expropriation
lasting peace and sustainable rural
development.” — They do not get the land for free,
they pay for it at nominal cost
Land Tenure Improvement - DAR will
remain vigorous in implementing land — Usufructry – enjoy fruits of the
acquisition and distribution component land
of CARP. The DAR will improve land
tenure system through land — Usufruct – the land is reserved for
distribution and leasehold. someone

Provision of Support Services - CARP — Issues on extension, retention

not only involves the distribution of
lands but also included package of — DARAB -> DAR
support services which includes: credit
assistance, extension services, President Benigno Aquino III
irrigation facilities, roads and bridges, (2010-2016)
marketing facilities and training and
technical support programs. President Benigno Aquino III vowed
during his 2012 State of the Nation
Infrastructure Projects - DAR will Address that he would complete
transform the agrarian reform before the end of his term the
communities (ARCs), an area focused Comprehensive Agrarian Reform
and integrated delivery of support Program (CARP), the centerpiece
services, into rural economic zones program of the administration of his
that will help in the creation of job mother, President Corazon Aquino.
opportunities in the countryside.

32
The younger Aquino distributed their President Rodrigo Roa Duterte
family-owned Hacienda Luisita in (2016 – present) 
Tarlac. Apart from the said farm lots,
he also promised to complete the Under his leadership, the President
distribution of privately-owned lands wants to pursue an “aggressive” land
of productive agricultural estates in reform program that would help
the country that have escaped the alleviate the life of poor Filipino
coverage of the program. farmers by prioritizing the provision of
support services alongside land
Under his administration, the Agrarian distribution.
Reform Community Connectivity and
Economic Support Services The President directed the DAR to
(ARCCESS) project was created to launch the 2nd phase of agrarian
contribute to the overall goal of rural reform where landless farmers would
poverty reduction especially in be awarded with undistributed lands
agrarian reform areas. under the Comprehensive Agrarian
Reform Program (CARP).
Agrarian Production Credit Program
(APCP) provided credit support for Duterte plans to place almost all public
crop production to newly organized lands, including military reserves,
and existing agrarian reform under agrarian reform.
beneficiaries’ organizations (ARBOs)
and farmers’ organizations not The President also placed 400
qualified to avail themselves of loans hectares of agricultural lands in
under the regular credit windows of Boracay under CARP.
banks.
Under his administration the DAR
The legal case monitoring system created an anti-corruption task
(LCMS), a web-based legal system for force to investigate and handle reports
recording and monitoring various on alleged anomalous activities by
kinds of agrarian cases at the officials and employees of the
provincial, regional and central offices department.
of the DAR to ensure faster resolution
and close monitoring of agrarian- The Department also pursues an
related cases, was also launched. “Oplan Zero Backlog” in the resolution
of cases in relation to agrarian justice
Aside from these initiatives, Aquino delivery of the agrarian reform
also enacted Executive Order No. 26, program to fast-track the
Series of 2011, to mandate the implementation of CARP.
Department of Agriculture-Department
of Environment and Natural FIRST AGRARIAN REFORM LAW PD 27
Resources-Department of Agrarian
Reform Convergence Initiative to - Coverage are land devoted for
develop a National Greening Program rice and corn crops
in cooperation with other government
agencies. - Lease tenancy or share, tenurial
arrangement
d

33
 - If exceeds 7 hct, must apply for This shall apply to all tenant farmers
exemption of private agricultural lands
primarily devoted to rice and corn
- Grants each tenant 5 hectares under a system of sharecrop or lease-
lot, if irrigated 3 hectares tenancy, whether classified as landed
estate or not;
- Heirs of Romulo vs Domingo
Robles (Nov. 30, 2013) limitation Owned Portion by the Tenant
of right of retention of the land Farmer
owner
 Irrigated Lands – 5 hectare
o Subject to the Letter of  Non-irrigated Lands – 3
Instruction 474 hectares

o Not available if he owns The tenant farmer, whether in land

more than other agricultural classified as landed estate or not, shall
land of more than 7 be deemed owner of a portion
hectares constituting a family-size farm of
five (5) hectares if not irrigated
- Right of retention: not to and three (3) hectares if irrigated;
leave the right of owner
subjected to the reform Right of Retention
with nothing
 the landowner may retain an
CARPER LAW RA 9700, RA 6657 NEXT area of not more than seven (7)
MEETING hectares
 a landowner may keep his
PD No. 27 DECREEING THE whole covered land if its
EMANCIPATION OF TENANT FROM aggregate size doesn’t exceed
THE BONDAGE OF THE SOIL, the retention limit of 7 hectares
TRANSFERRING TO THEM THE
OWNERSHIP OF THE LAND THEY In all cases, the landowner may
TILL AND PROVIDING THE retain an area of not more than
INSTRUMENTS AND MECHANISM seven (7) hectares if such
THEREFOR. landowner is cultivating such area or
will now cultivate it;
Tenant Emancipation Decree
AN OWNER MAY NOT RETAIN
Who are covered? UNDER THE FOLLOWING CASES:
 Tenant farmers of private
agricultural lands primarily  If he as of October 21, 1972
devoted to rice and corn under owned more than 24 hectares
a system of sharecrop or lease- of tenanted rice or corn lands
tenancy, whether classified as  By virtue of LOI 474, if he as of
landed estate or not. 21 October 1972 owns less than
24 hectares of tenanted rice but
additionally owned as follows:

34
 o Other agricultural land of For the purpose of determining the
more than seven cost of the land to be transferred to
hectares, whether the tenant-farmer pursuant to this
tenanted or not, whether Decree, the value of the land shall be
cultivated or not, and equivalent to two and one-half (2½)
regardless of the income times the average harvest of the three
derived therefrom; or normal crop years immediately
o Land use for commercial, preceding the promulgation of this
industrial, residential or Decree;
other urban purposes,
from which he derives Manner of Payment
adequate income to
support himself and his  total cost of the land, including
family interest at the rate of six (6)
 Landowners who filed their per centum per annum
application for retention  paid by the tenant in fifteen
BEFORE 27 August 1985, the (15) years of fifteen (15) equal
deadline set by Administrative annual amortizations (P.D. 27)
Order No. 1, Series of 1985,  NOTE: The period is extended
may retain not more than to twenty (20) years equal
seven hectares of their annual amortization under Sec.
landholding covered by PD 27 6, E.O. 228 of July 17, 1987 by
regardless of whether or not Pres. Corazon C. Aquino.
they complied with LOI Nos. 41,
45, and 52. The total cost of the land, including
 Landowners who filed their the interest at the rate of six (6)
application AFTER 27 August percentum per annum, shall be paid
1985 but complied with the by the tenant in fifteen (15) years of
requirement of LOI No. 41, 45 fifteen (15) equal annual
and 52 shall likewise be amortizations;
entitled to such a seven
hectares retention area. Mode of Transfer of lands Tenant-
 However landowner who filed Beneficiaries under Presidential
their application for retention Decree No. 27
AFTER the 27 August 1985
deadline and DID NOT 1. OPERATION LAND
COMPLY with the requirements TRANSFER (OLT) under PD
of LOI Nos. 41, 45, and 52 shall 27 and EO 228 - Operation
only be entitled to a maximum Land Transfer is the
of five (5) hectares as ORDERLY and SYSTEMATIC
retention area. TRANSFER of land from the
landowner to the tenant-
Determination of cost farmer under Presidential
Decree No. 27.
 Two and one-half (2 1/2) times 2. DIRECT PAYMENT SCHEME
the average harvest of three (DPS) – The landowner and
normal crop years the tenant-beneficiary can
AGREE on the DIRECT SALE

35
 terms and conditions which — RETENTION
is not onerous to the tenant- — LANDS AWARDED TO
beneficiary. BENEFICIARIES STILL SUBJECT
TO EXPROPRIATION
In case of default, the amortizations
due shall be paid by the farmers PD 27 VS RA 6657
cooperative in which the defaulting (Comprehensive Agrarian Reform
tenant-farmer is a member, with the Program)
cooperative having a right of recourse
against him; Coverage

The government shall guaranty such PD 27 RA 6657

amortizations with shares of stock in The land must Specific lands
government-owned and government- be DEVOTED to covered by CARP.
controlled corporations; RICE or CORN Applies only to
crops. agricultural lands
No title to the land owned by the (land devoted to
tenant-farmers under this Decree shall Gets to retain 7 agricultural
be actually issued to a tenant-farmer hectares activities; arable
unless and until the tenant-farmer has suitable for
become a full-pledge member of a farming) Sec. 3
duly recognized farmer’s cooperative;
Retention limit is
Title to land acquired shall not be 5 hectares
transferable except:
a. All alienable
 by hereditary succession and disposable
 or to the Government lands of the public
domain devoted
Title to land acquired pursuant to this to or suitable for
Decree or the Land Reform Program of agriculture
the Government shall not be b. All lands of
transferable except by hereditary the public domain
succession or to the Government in in excess of the
accordance with the provisions of this specific limits as
Decree, the Code of Agrarian Reforms determined by
and other existing laws and Congress in the
regulations; preceding
paragraph;
The Department of Agrarian Reform c. All other
through its Secretary is hereby lands owned by
empowered to promulgate rules and the Government
regulations for the implementation of devoted to or
this Decree. suitable for
agriculture; and
— DOCTRINE OF d. All private
IMPRESCRIPTIBLY lands devoted to
— CONVERSION or suitable for

36
 agriculture o Application for retention,
regardless of the exemption
agricultural - Sec. 6 – A (RA 9700): resolved
products raised or the issue WON a land which
that can be raised was already expropriated can
thereon. be expropriated again. LGU
can still expropriate the
RA 6657 and RA 9700 retention but there must be
- definition of agrarian dispute approved local comprehensive
(including terms of proximity of plan
the relation of the landowner and o Area that will be
the tenant) as long as the expropriated is the one
agricultural land is being chosen by the landowner
tenanted, regardless whosoever for retention
is cultivating the land, the issue o Land chosen by LGU
will form part of an agrarian - Waiver of right of retention
dispute - RA 7881: XPN from agrarian
o if not within jurisdiction of reform program
DARAB, regular courts - Sec. 17 as amended:
- coverage: Sec. 4, cover not only determination of just
agricultural land, but all alienable compensation. Contentious
and disposable land of public issue between landowner and
domain, regardless of the the government
agricultural products produced - Sec. 22: order of priority,
therein doctrine of
- Retention limit Sec. 6: if the area imprescriptionability issued to
the owner chose is tenanted, the agrarian reform beneficiaries.
tenant will have the choice to 1 yr after the registration,
remain proceeding in rem, title
- Right of retention belongs to the becomes indefeasible. XPN:
landowner: contiguous and FAME
compact (must be located - How long a beneficiary should
adjacent to one another) pay the land? Annual
- in case of controversy arising amortization in period of 30
from tenurial arrangement, under years, the beneficiary will have
jurisdiction of DARAB under DAR a usufructuary right
o notice of coverage: - Maximum land area can be
exercise of power of awarded: 3 hectares
eminent domain - Payment of annual
o determination of jst amortization (Sec. 26)
compensation: DARAB -> - Transferability of the awarded
Court (special agrarian land (GN: Prohibited): XPN
court) to review the just hereditary succession, if the
compensation fixed by transfer is in favor of the
DARAB government or land bank, to
o Cancellation of CLOA and other qualified beneficiaries.
patent Period of prescription: 10
years
37
 - Right to repurchase: 2 years >That the child
- Non-interference of regular was at least 15
courts and prosecutor years of age on
regarding agrarian disputes the June 15, 1988
- Conversion of lands: (Sec. 65) (RA 6657-
allowed, applicant must be the effectivity); and
beneficiary, shall fully pay the >The child was
land actually tilling
- Reclassification (preparatory to the land or
conversion) and conversion directly managing
are not the same. the farmland from
- Sec. 74 June 15, 1988 to
- Cancellation of award: failure the filing of the
to pay annual amortization, application for
premature conversion etc retention and/or
CARL at the time of
— Cornerstone acquisition of the
land under CARP.
Retention Limits RA 9700 Comprehensive Agrarian
There will be left something to the Reform Program Extension with
landowners. Reforms (“CARPER”)

PD 27 RA 6657 (Sec. 6) — Amended CARP

Landowners **availing right of — amendatory law that extends
covered by PD retention under PD again the deadline of
27 are entitled 27 will bar his distributing agricultural lands to
to retain SEVEN exercise of the farmers for five years
(7) hectares, retention right — It also amends other provisions
except those under CARL. ** stated in CARP. It was signed
whose entire into law on August 7, 2009, by
tenanted rice A. Landowners Gloria Macapagal Arroyo and
and corn lands whose landholding was set to expire on June 30,
are subject to are covered by 2014. However, the program of
acquisition and CARP may retain distributing lands to farmer-
distribution an area of FIVE beneficiaries continued even
under OLT (5) hectares. after June 2014.
(Operation — Program: CARP
Land Transfer) B. In addition, 1. What is being
each of his implemented
children, — Retention limits PD 27: 7
(legitimate, hectares, in addition 3 hectares
illegitimate or to each child (15 yrs old, and
adopted may be tilling the land) acquired vested
AWARDED three rights
(3) hectares as — if tenanted
PREFERRED 1. beneficiary to another
BENEFICIARY land
provided: 2. to remain in the land

38
— XPN in retention limit (land — Maximum portion that can be
owner is not covered by the distributed is 3 hectares
law, less than 5 hectares or no — How to identify a beneficiary
notice of coverage was issued (emancipation of patent and
to the owner) CLOA)
— Waiver of right to retention — Sec. 24 – amended by RA 9700
1. 1. Title becomes indefeasible
— Sec. 6 A – LGUs would allot  Will not be subject
lands for public purposes to collateral attack
— Sec. 10 – those that are not — Usufructuary agreement – when
covered by the program the title is still under the name
1. Wildlife, forest reserves, of the Republic, the beneficiary
parks, reforestation, fish shall have usufructuary rights
sanctuaries — Secretary of the DAR shall have
— Sec. 16. – procedure for jurisdiction over this program
acquisition of private lands — Sec. 26 – payment of the
(proceeding in rem) beneficiaries:
1. DAR will issue notice and  Payment of the land
post it in a conspicuous shall be in 30 (years)
place annual amortization,
2. If accepts, payment 6% per annum
through LBP, executes  Remedy or mortgagee
deed of transfer. Owner if the mortgagor failed
will surrender (to be to pay: foreclosure,
cancelled) duplicate of and will be
title upon payment of just permanently banned
compensation from being beneficiary
 Register of deeds — Sec. 27 – except through
 Issued to the hereditary succession, to the
owner (duplicate of government, LBP, other
title) qualified beneficiary for a period
3. If rejects, will conduct of 10 years.
summary. DAR shall o There can be redemption
decide the case within a period of 2 years
4. If no response (after o With approval of the DAR
deposit of the just — Sec. 50 – doctrine of primary
compensation to the LBP), jurisdiction
DAR shall take possession o When a particular subject
to the land matter is cognizable by
— Sec. 22 – qualified administrative bodies like
beneficiaries: agricultural land quasi-judicial bodies, it
leases etc must first be brought to it
— Sec. 22-A – order of priority before elevating the case
(Agricultural lessees and share to courts. In line with
tenants and regular exhaustion of
farmworkers) they are preferred administrative remedies
over other beneficiaries, length
of time of possession

39
 oQuasi: other than it policy of the State to undertake, in
functions mandated by cooperation with the private sector, a
law, they have their own comprehensive and continuing Urban
rules of procedure Development and Housing Program,
o DAR for agrarian reform hereinafter referred to as the
matters and its Program, which shall:
implementation
 XPN: those cases (a) Uplift the conditions of the
falling within the underprivileged and homeless citizens
jurisdiction of DA in urban areas and in resettlement
and DENR areas by making available to them
o Rule of Procedure as decent housing at affordable cost,
suppletory basic services, and employment
— Sec. 50-A – no court or opportunities;
prosecutor can take cognizance
of cases pertaining to (b) Provide for the rational use and
implementation of CARP development of urban land in order to
o XPN: determination of bring about the following:
just compensation under
Sec. 5, RA 6657 (1) Equitable utilization of
o Only SC can hear a 2 nd residential lands in urban and
MOR urbanizable areas with particular
o From BARK -> PARO -> attention to the needs and
DARAB -> DAR -> CA requirements of the
(CERTIORARI underprivileged and homeless
PROCEEDINGS) citizens and not merely on the
o Special agrarian court – basis of market forces;
RTC
— Sec. 65 – conversion of lands: (2) Optimization of the use and
o Failure to submit productivity of land and urban
resources;
requirements – the land
will be reverted to the
(3) Development of urban areas
program
conducive to commercial and
industrial activities which can
____________PRELIMS___________
generate more economic
opportunities for the people;
RA 6657: Urban Land Reform and
Housing
(4) Reduction in urban
RA 7279 Urban Development and dysfunctions, particularly those
Housing Act of 1992 also called that adversely affect public health,
Lina Law safety and ecology; and
— It is the implementation of Sec. 9,
(5) Access to land and housing by
Art. XII of Constitution.
the underprivileged and homeless
citizens;
SEC. 2. Declaration of State Policy and
Program Objectives. – It shall be the

40
(c) Adopt workable policies to regulate conserve such resources. The
and direct urban growth and protection shall extend to
expansion towards a dispersed urban offshore fishing grounds of
net and more balanced urban-rural subsistence fishermen against
interdependence; foreign intrusion. Fishworkers
shall receive a just share from
(d) Provide for an equitable land their labor in the utilization of
tenure system that shall guarantee marine and fishing resources. 
security of tenure to Program
beneficiaries but shall respect the
rights of small property owners and RA 8550/Philippine Fisheries Code
ensure the payment of just of 1998
compensation;
— In connection to Art. XIII, Sec.
(e) Encourage more effective people’s 7
participation in the urban development — Prohibitions to protect our
process; and aquatic resources

(f) Improve the capability of local

government units in undertaking
urban development and housing SEC. 9&10, ARTICLE XIII, 1987
programs and projects. Constitution (Urban Land Reform
and Housing)
Sec. 16 – beneficiary must be a
Filipino citizen, underprivileged and —
homeless. 8,000 for a family of 5, if
under this, consider as poor. Must not
own any property. should not be a
professional squatter or syndicate
squatter

ARTICLE 13, SECTION 7, 1987

CONSTITUTION 

Section 7. The State shall

protect the rights of subsistence
fishermen, especially of local
communities, to the preferential
use of the communal marine
and fishing resources, both
inland and offshore. It shall
provide support to such
fishermen through appropriate
technology and research,
adequate financial, production,
and marketing assistance, and
other services. The State shall
also protect, develop, and

41