You are on page 1of 6

DEDUCE THE QUESTIONS

30 out of 50
10 POINTS Agrarian Reform is the redistribution of agricultural lands to the
regular, seasonal farmers and farmworkers. The primary aim of agrarian
reform is to equally distribute the lands utilize for agriculture in order to
provide and promote development of the farmers and farmworkers in the
Philippines. This to promote equal rights to the farmers who have been
devoting their lives in doing farm activities.
10 POINTS The members of the Social Security System are those: Private
employees who have an employer employee relationship, self-employed,
domestic worker earning at least P1000, private individual who voluntarily
join the social security system, those who are not subject to the members
of GSIS provided they apply in SSS. The Government Service Insurance
System members are those employed in the government who are
considered as a regular employee. It also include regular employee in the
government owned and controlled corporations. The difference of the two is
that the Government Srvices Insurance System (GSIS) caters those who
are employee of the government provided thath ther are regular while the
Social Security System provide services to private employees and
individuals who voluntarily join the SSS.
0 POINT Yes, X can register his Patent in the Registry of Deeds. Despite
Xs lack of money to pay the registration fee and other charges, he can still
register his Patent through the help of the Land Bank of the Philippines.
The creation of Lnd Bank of the Philippines aims to assist and provide
services to the farmers, farmworkers covered by agrarian reform. The Land
Ban k(LBP) provide bonds that can be aquire through loans. This is to help
the farmers and farmworker in developing the land granted to them.
***No, X cannot register his patent in the registry of deeds, there has to be
full payment of just compensation before the landowner could be divested
of his land, otherwisethe land would be taken without just compensation in
violation of the constitutional provision against taking property without just
compensation

0 POINT A and his family will be entitled to return 15 hectares of land


subject to the condition that both of his children will apply for the retention
right also. Under the retention right of 5 hectares of land, 3 hectares grant
to a legal age children if the child will develop and till the land.
10 POINTS Yes, X is entitled to the benefits of a senior citizen. It is not
expressly provided in th law that income or financial status is needed in
determining who will be benefited from the Senior Citizens Act. As provided
in Senior Citizens Act, a senior citizen is a person reaching the age of at
least 60 years old, a citizen of the Philippines but considering those who
have dual citizenship who have been residing in the Philippines for at least
6 months. Given the condition, X is considered as a senior citizen thus he
is entitled for th benefits provided for by law.
17 out of 30
3 POINTS
**(e) Idle or Abandoned Land refers to any agricultural
land not cultivated, tilled or developed to produce any
crop nor devoted to any specific economic purpose
continuously for a period of three (3) years immediately
prior to the receipt of notice of acquisition by the
government as provided under this Act, but does not
include land that has become permanently or regularly
devoted to non-agricultural purposes. It does not include
land which has become unproductive by reason of force
majeure or any other fortuitous event, provided that prior
to such event, such land was previously used for
agricultural or other economic purpose.
3 POINTS An idle or abandoned lands will be exempted in the
implementation of CARL if: the land is deemed to be converted to parks,
reserved areas for natural resources, fish sanctuaries, and mangrove
areas; the land is for possible school or educational institution purposes; it

is deemed converted to be a residential area; the land is for fish ponds,


livestock, poultry purposes; the land is converted subject to commercial
institution; the land is 5 hectares and below; the land is in the slope
measuring 18 meters and below;
3 POINTS In R.A. 6657, the landowner can only retain 5 hectares of land
while P.D. 27 provide that 7 hectares of land shall be retained by the
landowner. Also, the 5 hectares retention of land granted by the R.A> 6657
will be added 3 hectares each for children 15 years old and below while the
P.D. provide that 7 hectares of land alone shall be granted regardless of the
children they have. P.D. 27 once granted to the farmworker or farmers
cannot utilize R.A. 6657, unless otherwise that farmworker or farmer will let
the 5 hectares of land alone granted to him or her.
Republic Act 3844 created the Land Bank of the Philippines. IT is created
for the purpose of the implementation of the agrarian reform program. The
Land Bank of the Philippines serves as the lending entity for the farmes
and farmworkers in instituting their farms effectively through the agrarian
reform. The Land Bank of the Philippines collect the annual mortgage of
the farmers and farmworkers on the land granted to them through CARP.
Also, they release Land Bank bonds to those landowners whose land are
being covered by the Comprehensive Reform Program.
31 out of 100
2 POINTS Rural women according to CARL are women engaged directly
or indirectly in farming or farm activities and depend on it as their source of
livelihood. A rural women may be engaged in tilling the land but no
necessarily.
****Rural Women. All qualified women members of the agricultural
labor force must be guaranteed and assured equal right to ownership
of the land, equal shares of the farm's produce, and representation in
advisory or appropriate decision-making bodies.

1 POINT The primary responsibility of the womens desk it to ensure that


rural women are extended equal shares of the farm produce, and shaves
an equal right to patent, benefits, etc that the CARP may provide. The
Womens desk as provided in CARLs mandate to DAR shall be put up to
protect womens right, uphold and develop their role in the society.
***DAR shall establish and maintain a women's desk, which will be
primarily responsible for formulating and implementing programs and
activities related to the protection and promotion of women's rights, as well
as providing an avenue where women can register their complaints and
grievances principally related to their rural activities."

2 POINTS The BARC may seek legal advice to the Department of Agrarian
Reform (DAR) to ensure that its proposed solution to the dispute is within
the bounds of law. The DAR is the proper party for the issue to be raised as
provided in CARL.
5 POINTS Yes, Jose is allowed to work in his aunts refilling station. As the
law provides, a minor may work if it is under the supervision of a relative, a
legal guardian, and within the approval of DOLE. Jose may be allowed to
work on his aunts water station if the aunt serves as her legal guardian, or
it is within the approval of his parents and under their supervision and if the
work will not put the childs life in harm or in danger.
2 POINTS Article 183 and Article 184 provides the provision on adultery
and concubinage. It is discriminatory since the law provides a higher
sanction for women who commit this crime as provided in the RPC.
3 POINTS The provisions regarding adultery and concubinage is
discriminatory to women since the penalty provided to them is higher thatn
the penalty imposed to men. Also, some of the descritions and requisites
provided in those provisions are derogatory to women.
1 POINT No, Samuel Cruz is not entitled to avail the privileges of a Senior
Citizen. Provided that the Senior Citizens Act states that any citizen of at
least 50 years of age and been residing in the Philippines for at least 6

months is entitled for the benefits of being a senior citizen. At this case,
Samuel Cruz has only started residing in Cebu since July 2014. Thus, it
made him not qualified on the length of stay required in the Senior Citizens
Act.
0 POINT No, X cannot proceed to retain his chosen area due to the EP.
This is because, an Emancipation Patent already gave rights to the
beneficiary to own the land as provided in P.D. 27, given that he already
registered it to the Register of Deeds.
0 POINT X may call upon the DAR to secure his chosen area covered by
the Emancipation Patent, to implement the comprehensive Agrarian
Reform Law provided that the beneficiary covered by the Emancipation
Patent will allow the owner of the land to cover the area benefited to him
already.
0 POINT No, my answer will be the same. If the land is already awarded by
to a beneficiary covered with an Emancipation Act or a Certificate of Lawn
Ownership Award, the land owner cannot easily proceed to retain his
chosen area even if it is one of his rights as a landowner. This is because,
the awarding of land is already been perfected before he chose his
retention area. His best remedy is to chose another area for this right
retention.
0 POINT ***No, X cannot register his patent in the registry of deeds,
there has to be full payment of just compensation before the
landowner could be divested of his land, otherwisethe land would be
taken without just compensation in violation of the constitutional
provision against taking property without just compensation

2 POINTS Z should file a syndicated illegal recruitment provided that A, B,


and C conspired to engage in illegal recruitment. To be considered as a
syndicated illegal recruitment, there should be two or more person who
conspired to commit illegal recruitment. As provided in Migrant Workers

and Overseas Filipino Workers Act, an illegal recruitment can be


considered a syndicated illegal recruitment if there are two or more person
who performs that act of illegal recruitment through conspiracy.
0 POINT No, Nelia is not a domestic worker. As provided in R.A. 10361, a
domestic worker is one hired to perform household work within the country.
Nursing is not considered as a household work even if the job of Nelia is to
take care and serve as a nursemaid in all her activities of Dona Estela here
and abroad. R.A. 10361 only provides those who perform work as a helper
or yaya to be considered as a domestic worker.
***yes, Nelia is a domestic worker, as provided in RA 10361, a domestic
worker is a person engaged to work for a household within an employment
relationship and is to hired to specifically perform household work
7 POINTS No, the defences of good faith and lack of demand is not a valid
defense for the failure to remit premium contributions of the company.
Under the Social Security Act, good faith and lack of demand is not a valid
excuse to the failure of remittance of the six months premium contributions
of the company and its employees. It is the duty of the company to pay on
time their monthly contributions and need not to mind by the SSS all the
time.
6 POINTS Pedro Cruz sustain permanent and partial disability as stated in
the GSIS, Pedro Cruz sustain a permanent disability because his leg
cannot grow or be attached anymore and partial disability only because he
still has another leg to perform other duties. The GSIS distinguished
disability from permanent and partial or temporary and total. A permanent
and partial disability is that the part of the body cannot be attached again
but still the counter part or the other pair is there to perform the activities. If
the disability is temporary the performing of the activities is stop for a while
but the chance of doing and performing as normal again is certain. Lastly, if
the disability is total, the person before without the chance of recovery. In
this case, Pedro Cruz only sustain a permanent and partial disability.

You might also like