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Kung ano-anong SHIT sa Labor Standards Art.

1 - 12
Salonga
The Labor Code of the Philippines (PD
442)
A DECREE INSTITUTING A LABOR CODE,
THEREBY REVISING AND CONSOLIDATING
LABOR AND SOCIAL LAWS TO AFFORD
PROTECTION TO LABOR, PROMOTE
EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND INSURE INDUSTRIAL PEACE
BASED ON SOCIAL JUSTICE

system to eradicate the breeding place


of graft and corruption.
d. Placing of Government Corporation
with original charter under the
Civil Service the scope of civil
service has been expanded to embrace
every branch, agency, subdivision and
instrumentality of the Government,
including GOCC with original charters.

Employees of GOCCs without original


charter (government subsidiaries) are
governed by the LC1

Preliminary Title
Chapter I: General Provisions
Art. I. Name of Decree This Decree shall be
known as the Labor Code of the Philippines

e. Creation of Overseas Employment


Development Board (OEDB) and
National Seamen Board (NSB)
created for the promotion of export of
manpower especially Overseas Filipino
Workers.

1. The Labor Code

Promulgated: May 1, 1974


Took Effect: Nov 1, 1974

Labor Code defined as the charter of


human rights and a bill of obligations for
every working man.
2. Basic reforms and features of LC

f. Incorporation of Agrarian Reform


g. Updating, of all Labor and Social
Legislations updating of Woman
and Child Labor law, Apprenticeship
Law, Industrial Safety Law, to
harmonize with national development
priorities based on social justice and
human dignity.

Anti-graft provisions are embedded to


maintain industrial peace and harmony
in the working world.
Unworkable and obsolete provisions
subversive to the common good were
eliminated

Reforms in the LC:


a. Emancipation of Labor Relations
From the Court of Industrial Relations
(old system) to the NLRC (speedy ).
b. Transformation of Workmens
Compensation From employers
liability to a social system scheme by
integrating the same with the SSS and
GSIS. It also includes maternity
benefits into Social Security (RA 8282).
c. Abolition of Permit System from
the permit system to the reporting

The OEDB and NSB are already


abolished and their functions assumed
by the Philippine Overseas
Employment Administration (POEA)
E.O. 797, May 1, 1982 reorganizing
the DOLE.

Protektado ni: Asiong


g.

Classification of 7 books
a.
b.
c.

c.
d.
e.
f.

Book I Pre-employment
Book II Human Resources
Development
Book III Conditions of Employment
Book IV Health, Safety and Social
Welfare Benefits
Book V Labor Relations
Book VI Post-Employment

Art. 3. Declaration of basic policy - The


State shall afford protection to labor, promote
full employment, ensure equal work
opportunities regardless of sex, race or creed
and regulate the relations between workers
and employers. The State shall assure the
rights of workers to self-organization, collective
bargaining, security of tenure, and just and
humane conditions of work.
1.

LRTA v. Venus

Purpose of affording protection to


labor

Purpose: To place labor on an equal plane


with management with all its power and
influence in negotiating for the advancement of
his interests and the defense of his rights.

2.
2
3

Pre-employment Book I
State of Employment II IV
Post-employment V-VI

Art. 2. Date of Effectivity This Code shall


take effect six (6) months after its
promulgation

7 books of the LC
a.
b.

Book VII Penal Provisions,


Prescriptions, Transitory, and Final
Provisions

Under the policy of social justice, the


law bends to accommodate the
interests of the working class on the
human justification that those with less
privileges in life should have more
privileges2
Employment must be decent, just and
humane3
The policy of the law is to apply it to a
greater number of employees4
Extent and limits of the protection

Phil. Air Lines, Inc. v. Santos, Jr., et. al.


Phil. Association of Service Exporters, Inc. v. Drilon
Francisco v. NLRC

Kung ano-anong SHIT sa Labor Standards Art. 1 - 12


Salonga
a.
b.

c.

d.
e.
f.

g.

Protection to labor is not a license to


condone wrongdoings.
The care and solicitude in the
protection and vindication of the rights
of workers cannot justify disregard of
relevant facts in the construction of the
text of applicable rules in order to
arrive at a disposition in favor of an
employee5
The rule that there should be concern,
sympathy and solicitude for the rights
and welfare of the workers, is meet and
proper. But to disregard the employers
own rights and interests solely on the
basis of concern and solicitude for
labor is unjust and unacceptable 6
In the guise of affording protection to
labor, courts cannot render decisions
on the basis of sympathy and solicitude
for the workers at the expense of the
employer for this would run afoul with
the avowed principle of non-oppression
ordained in the Civil Code7

h.

recognizes the employers rights which


are entitled to respect and
enforcement in the interest of fair
play11
In affording full protection to labor, the
State must ensure equal work
opportunities to all employees
regardless of sex, race and creed 12

1. Affirmation of the Civil Code


provisions
Art. 1702. all labor legislations and all labor
contracts shall be construed in favour of the
safety and decent living for the labourer.
neither capital nor labor shall act oppressively
against each other, or impair the interest or
convenience of the public

The SC ruled that respondent


companys invocation of solution
indebiti or payment by mistake due to
its use of 251 days as divisor must fail
in the light of Art. 4 of the Labor Code13
The failure to submit a position paper
on time is not ground for the dismissal
of a complaint in labor cases, and
therefore it cannot be invoked by the
employer to declare the employees as
non-suited14

11

1. Implementing agencies

12
13
14

Applies only when there is doubt

Duncan v. Glaxo
Francisco v. NLRC
Union of Filipino Employees v. Vivar, Jr.
FEMs Elegance Lodging House v. Murillo

The workers welfare should be the


primordial and paramount
consideration, for an exploited working
class is a discontented working class. It
is a treadmill to progress and a threat
to freedom.
Those who have less in life should have
more in law

Art. 5. Rules and Regulations The


Department of Labor and Employment and
other government agencies charged with the
administration and enforcement of this Code
for any of its parts shall promulgate the
necessary implementing rules and regulations.
Such rules and regulations shall become
effective fifteen (15) days after announcement
of their adoption in newspapers of general
circulation.

2. Application of the rule of liberal


construction in favour of labor

The SC held that since the exact


cause of the acute hemorrhagic
pancreatitis is still unknown despite
extensive researches in the field any
doubt thereof shall be resolved in
favour of labor15

3. Liberal construction in favour of


labor; its purpose

Art. 4. Construction in favor of labor All


doubts in the implementation and
interpretation of the provisions of this Code,
including its implementing rules and
regulations shall be resolved in favor of labor.

Where both parties have violated the


law, neither party is entitled to
protection8
The constitutional policy to provide full
protection to labor is not meant to be a
sword to oppress employers9
The liberal construction in favor of
labor must not sacrifice the
fundamental principles of due process
for the rich and the poor in order to
attain proper justice10
Protection to labor does not mean that
every labor dispute will be decided in
favor of workers. The law also

Phil. Air Lines, Inc. v. NLRC


Soriano v. Offshore Shipping and Manning Corp.,
et.al.
7
Caltex v. PLO
8
PAMBUSCO Employees Union v. Court of Industrial
Relations
9
Agabon v. NLRC
10
Magalona v. WCC

Protektado ni: Asiong

Primary: DOLE
Other govt agencies:
o NLRC
o POEA
o National Wages and
Productivity Commission
o Employees Compensation
Commission
o OWWA
o GSIS

2. Extent and limits of rule-making


power

15

Villa Vert v. ECC and GSIS

Kung ano-anong SHIT sa Labor Standards Art. 1 - 12


Salonga

By such regulations, the law itself


cannot be extended. So long as they
relate solely to carrying into effect the
provisions of the law, they are valid16
It is an elementary rule that an Act of
Congress cannot be amended by a rule
promulgated by the Workmens
Compensation Commission17
Rules and regulations which are merely
executive or administrative views as to
the meaning and construction of the
statute are not controlling on the
courts, and cannot alter or extend the
plain meaning of a statute, although
they are entitled to great weight where
the statute is ambiguous
Letters of instruction issued by
administrative superiors concerning the
rules or guidelines to be followed by
their subordinates in the performance
of their duties need not be published.

except as may otherwise be provided herein,


apply alike to all workers, whether agricultural
or non-agricultural.
1. Purpose of the law

The provision is designed to encourage


workers to seek jobs in agricultural
undertakings.
Balance of labor supply will both be
maintained in the industrial and
agricultural sectors, thereby reducing
labor oversupply in the urban areas
where industrial establishments confine

Art. 2 Civil Code


Sec. 4, Chapter 2, Book VII,
Administrative Code - In addition to
other rule-making requirements
provided by law not inconsistent with
this Book, each rule shall become
effective fifteen (15) days from the
date of filing as above provided unless
a different date is fixed by law, or
specified in the rule in cases of
imminent danger to public health,
safety and welfare, the existence of
which must be expressed in a
statement accompanying the rule. The
agency shall take appropriate
measures to make emergency rules
known to persons who may be affected
by them.

Proof of employment relation of first


importance, for the reason that the
existence of the employer-employee
relationship is the jurisdictional
foundation for a compensation claim18
Whether an employer-employee
relationship exist and whether such
employment is managerial in character
or rank-and file employee are
primordial considerations before
extending labor benefits.

The existence or non-existence of the


employer-employee relationship is commonly
determined by examination of certain factors
or aspects of the relationship, as follows:
(a) The manner of selection and
management of the putative employee
(b) The mode of payment of wages
(c) The presence or absence of the power
of dismissal
(d) The presence and absence of a power
to control the putative employees
conduct

3. Commencement of employeremployee relationship

Employer-employee relationship is
created by an employment contract,
whether express or implied. Such
contract may be shown to exist by
proof of hire by competent person,
either by the employer himself or
through an authorized representative
or agent19

17

U.S. v. Molina
Santos v. Hon. Estenzo, et. al.

18
19

Asia Steel Corp. v. WCC


Asia Steel Corp v. WCC

To bolster the payment of wages and


control test, the existing economic
conditions prevailing between the
parties, like the inclusion in the
payrolls, submission of his name with
the SSS, PAG-IBIG, Philhealth,
otherwise known as the economic test,
are also applied in determining
employer-employee relationship.

6. The most decisive control test;


Factors that determine control test

4. Hiring of competent person

Art 6. Applicability All rights and benefits


granted to workers under this Code shall,
16

The principle of agency applies in the


question of authority to hire arises
where hiring is done by a person other
than the employer himself
Hiring is considered competent in the
following instances:
o If done by an agent with actual
authority
o If done by an agent with
apparent authority
o If it is done without authority,
but subsequently ratified either
expressly or impliedly

5. Four-fold test (indicia of


determination), Economic o
Economic Reality Test20

2. Employer-employee relationship;
the jurisdictional foundation

3. Laws on effectivity

Protektado ni: Asiong

20

Hijos De F. Escano, Inc. v. NLRC

Kung ano-anong SHIT sa Labor Standards Art. 1 - 12


Salonga

(f) Where the hirer cannot discipline or


dismiss the hired person over his
performance
(g) The worker performs subject to
employers specifications indicating
control28
(h) The company has direct control and
supervision over the activities of pakiao
workers29
(i) Since the owner controls the work
performance of a caretaker of a barber
shop, he is an employee of the
establishment30

Control test an employment relation


obtains where work is performed or
services rendered under the control
and supervision of the party
contracting for the service, not only as
to the result of the work but also as to
the manner and details of the
performance21
The power of control refers merely to
the existence of the power and not to
the actual exercise thereof22

The following factors determine the control


test:
(a) A demarcation line should be drawn
between: (a) rules that merely serve as
guidelines which only promote the
result (no e-e relationship), and (b)
rules that fix the methodology and bind
or restrict the party hired to use of
such means or methods (e-e
relationship)23
(b) The skills rendered, source of
instrumentalities and tools, location of
the work, duration of the relationship,
the hired partys discretion when and
how long to work, the manner of
payment, whether the work is part of
the regular business of the hiring party,
the contract provisions on benefits 24
(c) The bus owner has control over a bus
driver, an employee, although paid on
commission basis25
(d) Employment does not exist for a sales
agent who receives commission on his
gross sales26
(e) Where there is less control in the
exercise, the more likely the person
hired is an independent contractor27
21
22
23
24
25
26
27

Iloilo Chinese Commercial School v. Fabrigar


MAM Realty Dev. Corp. v. NLRC
Insular Life Assurance Co, Ltd. v. NLRC
Sonza v. ABS-CBN
R. Transport v. Ejandra
Abante v. Lamadrid Bearing and Parts
Sonza v. ABS-CBN

Protektado ni: Asiong


(e) Regular employees of the work pool,
while waiting for their assignment, are
not considered terminated from their
services
(f) An employee who was dismissed for a
specific cause which turned out to be
false or non-existent is entitled to
reinstatement35
(g) Filing by the employee of an illegal
dismissal case does not severe
employment relationship
(h) Employees who stage a legal strike
does not constitute severance of
employer-employee relationship
(i) Employees of employer whose fishing
vessels are dry-docked or undergoing
repairs are not terminated from
employment36

There is no e-e relationship exists


between the insurance company and
insurance company because they are
paid based on commission31
7. Suspension of employer-employee
relationship

8. Termination of e-e relationship

An employer may not terminate the


services of an employee except for a
just or authorized cause (Art. 285, 288,
289 and 290, infra)

Employee may terminate employment


by writing a letter to the employer one
(1) month in advance.

The e-e relationship is not severed in the


following instances:
(a) Regular seasonal employees are not
separated from the service but are
merely considered as on LOA without
pay until they are re-employed. Never
severed only suspended32
(b) The cessation of the milling activities at
the end of the season is certainly not
permanent or definitive; it is a
foreseeable suspension of work33
(c) Bona fide suspension of operation of a
business or undertaking for a period
not exceeding six months does not
terminate employment relationship34
(d) Fulfilment of the employee of a military
or civic duty does not terminate
employment relationship
28
29
30
31
32
33
34

Dy Keh Beng v. ILMUP


PRC v. CA
Jo v. NLRC
Great Pacific Life v. Judico
Manila Hotel Co. v. CIR
ICAWO v. CIR
Art. 292

9. Effects of illegal dismissal

An employee who was illegally


dismissed is entitled to reinstatement
without loss of seniority rights, full
backwages inclusive of allowances,
damages and other benefits due him
computed from the time of his
compensation was withheld up to the
time of his actual reinstatement.

10. Applicability and non-applicability


Q: Does Art. 6 of the LC apply to govt
corps?
A: Art. IX-B, Sec. 2(1). Terms and conditions of
employment of all govt employees including
35
36

Pepito v. Sec. of Labor


Phil. Fishing Boat Officers v. CIR

Kung ano-anong SHIT sa Labor Standards Art. 1 - 12


Salonga
employees of GOCCs with original charters
shall be governed by civil service law, rules and
regulations.

GOCCs with original charter


governed by civil service law
corporations organized pursuant to a
legislative charter or a special law.
Subsidiaries or corporate offspring
Corporations not directly chartered or
created by special law but were
acquired or taken over by corporations
created under special law.
NHA v. Juco. Abandoned Opinion 62
National Service Corporation v.
NLRC. Revived Opinion 62.
See NASECO v. NLRC

A corporation government-owned and


controlled if the capital stock is owned
by the government even if the
corporation is organized in accordance
with the corporation law37
Manner-of-creation test the test in
determining whether a Gocc is subject
to Civil Service Law is the manner of its
creation that such government
corporations created by special
charters are subject to its provisions
while those incorporated under the
general Corporation Law are not within
its coverage.
PNOC-EDC having been incorporated
under the general Corporation Law, is a
GOCC whose employees are subject to
the provisions of the LC.38
Employees of the National Parks
Development Corporation, as an
agency of the government , are
covered by civil service rules and

PNOC-Energy Dev. Corp. v. NLRC


PNOC-Energy Dev. Corp v. Hon. Leogardo

14. Lawyers as employees

43
44

41
42

Republic v. CA
Camporedondo v. NLRC
Rules Implementing the Labor Code
Filamer Christian Institute v. IAC

A shipping company usually contracts


out with other companies offering
arrestre services as it is not
customarily engaged in stevedoring
activities46

17. Jeepney drivers as employees

XPN: (1) there is training agreement between


them; and (2) the training program is duly
accredited or approved by the appropriate
govt agency
The relationship between the training
hospital and the resident doctor is not
one of an employer-employee. The
training hospital is treated, in this
instance, as a medical school training

Professors receive regular


compensations from the university and
where their services are proven to be
unsatisfactory, they can be dismissed45

16. Stevedores not employees

GR: There is e-e relationship between resident


physicians and the training hospital.

In-house lawyers are employees of the


company
If an in-house lawyer failed to perform
his duties, he can be dismissed44

15. Professors as employees

There is no e-e relationship between


students and schools, colleges or
universities on the other, where
students work for the latter in
exchange for the privilege to study free
of charge, provided the students are
given real opportunity, including such
facilities as may be reasonable,
necessary to finish their chosen
courses under such arrangement 41

It must be noted that for purposes of


imposing liability for tortious act, the
working scholar is considered an
employee and the school as employer42
13. Resident physicians as employees

40

38

the resident doctor in a special medical


discipline43

39

37

regulations are mere compulsory


members of the GSIS39
Philippine National Red Cross was not
impliedly converted to a private
corporation simply because its charter
was amended to vest in it the authority
to secure loans, be exempted from
payment of all duties, taxes, fees and
other charges of all kinds on all
importations and purchases for its
exclusive use40

12. Working scholars not employees

11. The manner-of-creation test


(original charter test)

Protektado ni: Asiong

45
46
47
48

The jeepney owner still exercises


control and supervision over the driver
by seeing to it that he negotiates the
route prescribed by the govt agency. In
lease, the lessor loses complete control
over the chattel In the case of a
jeepney owner, he retains control over
his vehicle47
The fact that the transportation
company paid a driver on a
commission basis does not rule out the
presence of e-e relationship48

UERRMC v. Usec. Laguesma


Hydro Resources v. Paglilauan
FEATI Univ. v. Bautista
Escano v. NLRC
CLFW v. Abbas
R Transport v. Ejandra

Kung ano-anong SHIT sa Labor Standards Art. 1 - 12


Salonga
18. Caddies of Golf clubs not
employees

Caddies, with or without breach of Club


rules, can be barred in the golf
premises. All these considerations
negate existence of e-e relationship49

grievances being one of the fundamental


objectives of the New Society, it has become
imperative to start reformation with the
emancipation of the tiller of the soil from his
bondage.

1. Retention limit

Reasons:

20. Medical consultants not employees

Art. 7. Statement of Objectives - Inasmuch


as the old concept of land ownership by a few
has spawned valid and legitimate grievances
that gave rise to violent conflict and social
tension and the redress of such legitimate
49
50
51

Manila Golf and Country Club, Inc. v. IAC


Villavilla v. CA
Ramos v. CA

PD 2 the country was proclaimed as


land reform area. Full support to the
DAR.

2. Meaning of Agrarian Reform


Agrarian reform means redistribution of
lands, regardless of crops or fruits produced, to
farmers and regular farmworkers who are
landless, irrespective of tenurial arrangement,
to include the totality of factors and support
services designed to lift the economic status of
the beneficiaries and all other arrangements
alternative to the physical redistribution of
lands, such as production or profit-sharing,
labor administration, and the distribution of
shares of stocks, which will allow beneficiaries
to receive a just share of the fruits of the lands
they work.52

The evils that have surrounded the


system of share tenancy have grown to
such a magnitude in several instances
in the past that hostilities and armed
conflicts have taken place between the
landed elite and the peasantry.

Art. 8. Transfer of lands to tenantworkers - Being a vital part of the labor force,
tenant-farmers on private agricultural lands
primarily devoted to rice and corn under a
system of share crop or lease tenancy whether
classified as landed estate or not shall be
deemed owner of a portion constituting a
family-size farm of five (5) hectares, if not
irrigated and three (3) hectares, if irrigated.

53
52

R.A. 6657, Sec. 3(a)

R.A. 6657 a landowner may retain


not more than 5 hectares of his
agricultural land.
Three (3) hectares may be awarded to
each child of the landowner, subject to
the following qualifications:
o That he is at least (15) years of
age
o He is actually tilling the land or
directly managing the farm
Note: A landowner who had retained
(7) hectares under PD 27 will not be
affected by the retention limit provided
under RA 6657.
No one, not even the petitioners
tenants, nor any court of justice, can
deprive or deny the landowners of the
retention of seven hectares which the
law has reserved for them53

2. Lands obtained through


homestead patent

3. Purpose of Agrarian Reform

No e-e relationship between a hospital


and medical consultants as the latter
are not under effective control and
supervision of the former51
For purposes of allocating responsibility
in medical negligence cases, e-e
relationship exists between the hospital
and its attending or visiting physician.

Chapter II: Emancipation of Tenants

In all cases, the land owner may retain an area


of not more than seven (7) hectares if such
landowner is cultivating such area or will now
cultivate it.

1. Emancipation of tenants

19. Crew members not employees of


boat owner; relationship assumes
a joint venture50

(a) Crew members do not receive


compensation
(b) They divide/share in the fish catch
(c) They venture into the sea regardless of
the instruction of the boat owner under
their best judgment on how long and
where they go fishing
(d) Crew members join the expedition
upon invitation of the ship master even
without the knowledge of the boat
owner

Protektado ni: Asiong

54

R.A. 6657 contains a proviso supporting


the inapplicability of PD 27 to lands
covered by homestead patents
However, original homestead grantees
or their direct compulsory heirs who
still own the original homestead at the
time of the approval of the law shall
retain the same areas as long as they
continue to cultivate said homestead54
Land obtained through homestead
patents are not covered by agrarian
reform law. Furthermore, an
agricultural tenancy cannot be

Tenants of Dr. Sison v. CA


Alita v. CA

Kung ano-anong SHIT sa Labor Standards Art. 1 - 12


Salonga
established on land in a residential
subdivision55

3. Livestock and poultry lands not


covered

Sec. 11 of RA 6657 which includes


private agricultural lands devoted to
commercial livestock, poultry and
swine raising in the definition of
commercial farms is invalid to the
extent that the aforecited agroindustrial activities are made to be
covered by the agrarian reform
program of the State. There is simply
no reason to include livestock and
poultry lands in the coverage of
agrarian reform56

Art. 9. Determination of land value - For


the purpose of determining the cost of the land
to be transferred to the tenant-farmer, the
value of the land shall be equivalent to two and
one-half (2-1/2) times the average harvest of
three (3) normal crop years immediately
preceding the promulgation of Presidential
Decree No. 27 on October 21, 1972.

(a)
(b)
(c)
(d)
(e)

The cost of acquisition of the land


Its nature, actual use and income
The sworn valuation by the owner
The tax declaration
The assessment made by govt
assessors
(f) The social and economic benefits
contributed by the farmers, farm
workers and by the govt
(g) Non-payment of taxes and loans

The total cost of the land, including interest at


the rate of six percent (6%) per annum, shall
be paid by the tenant in fifteen (15) years of
fifteen (15) equal annual amortizations.

2. Valuation and Mode of


Compensation

In case of default, the amortization due shall


be paid by the farmers cooperative in which
the defaulting tenant-farmer is a member, with
the cooperative having a right of recourse
against him.

The government shall guarantee such


amortizations with shares of stock in
government-owned and government-controlled
corporations.
1. Determination of just
compensation
55
56

Gonzales v. CA
Luz Farms v. Sec. of DAR

The SC held constitutional the


valuation and mode of compensation
provided for in Sec. 18 of RA 6657.
Titles to all expropriated properties
shall be transferred to the State only
upon full payment of compensation to
their respective owners. Rights
acquired by tenant-farmers by virtue of
PD 27 are retained and recognized.
However, landowners who failed to
exercise their rights of retention under
PD 27 can enjoy such rights under RA
6657 after fulfilling the conditions
prescribed therein57
In determining just compensation, the
following factors shall be taken into
consideration:58

57

The LBP shall compensate the


landowner in such amounts as may be
agreed upon by the landowner and the
DAR and the LBP, in accordance with
the criteria provided for in Sections 16
and 17, and other pertinent provisions
hereof, or as may be finally determined
by the court, as the just compensation
for the land.59

Association of Small Landowners of the Philippines,


Inc. v. Sec. of DAR
58
Sec. 17, R.A. 6657
59
Sec. 18, R.A. 6657

Protektado ni: Asiong


Compensation shall be paid on one of the
following modes, at the option of the
landowner:
(1) Cash payment
(2) Shares of stock in government-owned
or controlled corporations, LBP
preferred shares, physical assets or
other qualified investments in
accordance with guidelines set by the
PARC;
(3) Tax credits which can be used against
any tax liability;
(4) LBP bonds
Art. 10. Conditions of ownership - No title
to the land acquired by the tenant-farmer
under Presidential Decree No. 27 shall be
actually issued to him unless and until he has
become a full-fledged member of a duly
recognized farmers cooperative.
Title to the land acquired pursuant to
Presidential Decree No. 27 or the Land Reform
Program of the Government shall not be
transferable except by hereditary succession or
to the Government in accordance with the
provisions of Presidential Decree No. 27, the
Code of Agrarian Reforms and other existing
laws and regulations.
Art. 11. Implementing agency - The
Department of Agrarian Reform shall
promulgate the necessary rules and
regulations to implement the provisions of this
Chapter.
1. Implementing Agency; jurisdiction

The DAR has the power to issue rules


and regulations, whether substantive
or procedural to carry out the objects
and purposes of the Comprehensive
Agrarian Reform law of 1988
It has exclusive original jurisdiction
over all matters involving the
implementation of agrarian reform,
except the following

Kung ano-anong SHIT sa Labor Standards Art. 1 - 12


Salonga
Those falling under the
exclusive jurisdiction of the DA
and DENR (RTC acting as a
special agrarian court)
o Petitions for the determination
of just compensation to be paid
to the landowners (RTC acting
as a special agrarian court)
o Prosecution of all criminal
offenses under RA 6657
Jurisdiction of DAR60

(2) That the subject matter of the


relationship is an agricultural land
(3) That there is consent between the
parties to the relationship
(4) That the purpose of the relationship is
to bring about agricultural production
(5) That there is personal cultivation on
the part of the tenant or agricultural
lessee
(6) That the harvest is shared between the
landowner and the tenant or
agricultural lessee

(a) Adjudication of all matters involving


implementation of agrarian reform
(b) Resolution of agrarian conflicts and
land tenure related problems
(c) Approval and disapproval of the
conversion, restructuring or
readjustment of agricultural lands into
residential, commercial, industrial, and
other non-agricultural uses

3. DAR not governed by technical


rules

2. Quasi-judicial powers of DAR


The DAR through its Adjudication Board has the
following powers61

DAR is not governed by technical rules


of procedure and evidence in deciding
all cases, disputes or controversies in
order to administer expeditious
agrarian justice
It shall adopt a uniform rule or
procedure to achieve a just,
expeditious and inexpensive
determination of every action or
proceeding before it63

(a) To summon witnesses, administer


oaths, take testimonies, require
submission of reports
(b) To compel the production of books and
documents and answers to
interrogatives
(c) To issue subpoena ad testificandum
and subpoena duces tecum
(d) To enforce its writs through sheriffs or
duly deputized officers
(e) To punish direct and indirect contempts
In order for a tenancy agreement to take hold
over a dispute, it would be essential to
establish all its indispensable elements 62:
(1) That the parties are the landowners
and the tenant or agricultural lessee
60
61
62

Morta Sr. v. Occidental


Sec. 50, RA 6657
Morta Sr. v. Occidental

63

Sec. 50, RA 6657

Protektado ni: Asiong

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