NATURE AND
SUBJECT OF THE
COURSE
MODULE 1-A PRELIMINARY TOPICS AND CONCEPTS
Before we start our lesson today,
let's think about a few questions:
1. What is the nature and subject of Social
Legislation?
2. What is the nature and subject of Agrarian Reform
Law?
SOCIAL LEGISLATION:
NATURE.
a. Social Inequality
There exists a social inequality
in all many aspects
:
of life, more pertinently in wealth, status, and
power.!
SOCIAL LEGISLATION:
NATURE.
b. State as “Equalizer”
Social inequalities are: more often than not –
caused by historical developments of the system
or lack thereof. The state has the power to rectify
that.
e
SOCIAL LEGISLATION:
NATURE.
c. Social Legislation
Laws passed by congress to :implement the non-executory
principle of social justice.
SOCIAL LEGISLATION: SUBJECT
 Common Good
Pieces of social legislation are passed with the
common good in mind.
 Protector to the Weaker
Affording protection to the weaker sectors is
the main subject
 Balancing Act
But doing so must not be confiscatory or
• oppressive. It must take into consideration
existing rights.
AGRARIAN REFORM IS A PIECE OF
SOCIAL LEGISLATION
Agrarian reform as social
legislation
Agrarian reform has characteristics
of a social legislation because of its
nature and subject"
How do you express an opinion?
“REFORM”
WHY IS THERE A NEED FOR REFORM?
EQUALITY
All Filipinos had equal access to land. Prior to colonization, all Filipinos had equal access to
land and its fruits, more or less.
CONQUEST
Deprivation of access to land Subjugation and land-grabbing deprived many of
the Filipinos access to land
DIVIDE WITHIN
Hacienda and Encomienda. While conquerors sought to consolidate power and
wealth, some select “favored” Filipinos were granted lands.
NEW “BOSS”
 Arrival of Americans
How do you express an opinion?
“REFORM”
WHY IS THERE A NEED FOR REFORM?
PRE-AGRARIAN REFORM
 Imbalance and Inequality
EQUALITY
 All Filipinos, more or less, had equal access to lands and their fruits.
INEQUALITY
 Land ownership is consolidated and agricultural production is alienated.
 Pre-agrarian reform efforts, the system is so
broken that only a few-including the State – own
lands while the rest do not.
e
There are four characteristics
of Agrarian Reform:
1. POSITIVE ACT OF THE STATE
Agrarian reform is a policy that is carried out by a
positive act of the state.
2.POWERS OF THE STATE
Implementation of Agrarian Reform involves the
exercise of the powers of the State.
3.TRIPARTITE SET-UP
It is a set-up that is not purely contractual, but
essentially involves three parties
AGRICULTURAL LANDS
Not all lands are subject of Agrarian Reform
AGRARIAN REFORM:
SUBJECT
Restoration of Balance and
Inequality
“reform” implies that something is
broken because it seeks to repair it for
the better.
DENOMINATOR: SOCIAL JUSTICE
:
.
Calalang vs
Williams
"
The promotion of social justice, however, is to be achieved not through a
mistaken sympathy towards any given group. Social justice is "neither
communism, nor despotism, nor atomism, nor anarchy," but the
humanization of laws and the equalization of social and economic forces by
the State so that justice in its rational and objectively secular conception
may at least be approximated.
?
DENOMINATOR: SOCIAL JUSTICE
:
.
Calalang vs
Williams
"
Social justice means the promotion of the welfare of all the people, the
adoption by the Government of measures calculated to insure
economic stability of all the competent elements of society, through the
maintenance of a proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally, through
the adoption of measures legally justifiable, or extra- constitutionally,
through the exercise of powers underlying the existence of all governments
on the time-honored principle of salus populi est suprema lex
?
DENOMINATOR: SOCIAL JUSTICE
:
.
Calalang vs
Williams
"
Social justice, therefore, must be founded on the recognition of the
necessity of interdependence among divers and diverse units of a
society and of the protection that should be equally and evenly
extended to all groups as a combined force in our
social and economic life, consistent with the fundamental and
paramount objective of the state of
?
Calalang vs
: Williams.
 Social justice is the humanization of laws and the equalization of
"
economic forces.
SOCIAL JUSTICE:
WHAT IT IS NOT
• Not Communism
• Not Despotism or Atomism
• Not Anarchy
WHAT IT IS:
• Humanization of laws
• Approximation of justice
?
• Adoption of government measures for social equilibrium
Philippine Sugar Estate Development Co
vs Gabriela Prudencio
Philippine Sugar Estate Development Co vs Gabriela
Prudencio
 The magic words "socialsjustice" are not a shibboleth which
courts may readily avail of as a shield for shirking their
responsibility in the application of law.
 Appellant clamors for social justice, not the one in the mind
of the authors of our Constitution — all embracing, inspired
by the spirit of Christian charity, based on the principle of
universal brotherhood, intended "to insure the well-being
and economic security of all the people" — but narrowminded, one sided, egoistic, stone-deaf to the cries of human
sufferings, absolutely blind to the miserable situation of
others.
ASSIGNMENT
1.
Association of Small Landowners v.
Secretary of DAR
2. Crisostomo vs. Victoria
3. Gua-an vs Quirino
4. Coderias vs chioco
5. Velasquez vs Sps Cruz.