Article 107Labor and Agrarian Laws and Social Legislation, p. 107

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

metropolitan trial courts against the DAR, the DA, the

DENR,

and

the

Department

of

Justice

in

their

implementation of the program.

Section

69.

Assistance

of

Other

Government

Entities . — The PARC, in the exercise of its functions, is

hereby

authorized

to

call

upon

the

assistance

and

support of other government agencies, bureaus and

offices,

including

government-owned

or

-controlled

corporations.

Section

70.

Disposition

of

Private

Agricultural

Lands . — The sale or disposition of agricultural lands

retained by a landowner as a consequence of Section 6

hereof shall be valid as long as the total landholdings that

shall be owned by the transferee thereof inclusive of the

land to be acquired shall not exceed the landholding

ceilings provided for in this Act.

Any sale or disposition of agricultural lands after the

effectivity

of

this

Act

found

to

be

contrary to the

provisions hereof shall be null and void.

Transferees of agricultural lands shall furnish the

appropriate Register of Deeds and the BARC an affidavit

attesting that his total landholdings as a result of the said

acquisition do not exceed the landholding ceiling. The

Register of Deeds shall not register the transfer of any

agricultural land without the submission of this sworn

statement together with proof of service of a copy thereof

to the BARC.

Section 71. Bank Mortgages . — Banks and other

financial institutions allowed by law to hold mortgage

rights or security interests in agricultural lands to secure

loans and other obligations of borrowers, may acquire

title to these mortgaged properties, regardless of area,

subject

to

existing

laws

on

compulsory

transfer

of

foreclosed assets and acquisition as prescribed under

Section 13 of this Act.

Section 72. Lease, Management, Grower or Service

Contracts,

Mortgages

and Other Claims . — Lands

covered by this Act under lease, management, grower or

service contracts, and the like shall be disposed of as

follows:

(a) Lease, management, grower or service contracts

covering private lands may continue under their original

terms and conditions until the expiration of the same

even if such land has, in the meantime, been transferred

to qualified beneficiaries.

(b) Mortgages and other claims registered with the

Register of Deeds shall be assumed by the government

up

to

an

amount

equivalent

to

the

landowner's

compensation value as provided in this Act.

Section 73. Prohibited Acts and Omissions . — The

following are prohibited:

(a) The ownership or possession, for the purpose of

circumventing the provisions of this Act, of agricultural

lands in excess of the total retention limits or award

ceilings by any person, natural or juridical, except those

under collective ownership by farmer-beneficiaries;

(b) The forcible entry or illegal detainer by persons

who are not qualified beneficiaries under this Act to avail

themselves of the rights and benefits of the Agrarian

Reform Program:

(c) Any conversion by , any landowner of his/her

agricultural' land into any non-agricultural use with intent

to avoid the application of this Act to his/her landholdings

and to dispossess his/her bonafide tenant farmers:

(d)

The

malicious

and

willful

prevention

or

obstruction by any person, association or entity of the

implementation of the CARP;

(e) The sale, transfer, conveyance or change of the

nature of lands outside of urban centers and city limits

either in whole or in part after the effectivity of this Act,

except

after

final

completion

of

the

appropriate

conversion under Section 65 of Republic Act No. 6657, as

amended. The date of the registration of the deed of

conveyance in the Register of Deeds with respect to titled

lands and the date of the issuance of the tax declaration

to

the

transferee

of

the

property

with

respect

to

unregistered

lands,

as

the

case

may

be,

shall

be

conclusive for the purpose of this Act;

(f) The sale, transfer or conveyance by a beneficiary of

the right to use or any other usufructuary right over the

land he/she acquired by virtue of being a beneficiary, in

order to circumvent the provisions of this Act;

(g) The unjustified, willful, and malicious act by a

responsible officer or officers of the government through

the following:

(1)

The

denial

of

notice

and/or

reply

to

landowners;

(2) The deprivation of retention rights;

(3) The undue or inordinate delay in the

preparation of claim folders; or

(4) Any undue delay, refusal or failure in the

payment of just compensation;

(h) The undue delay or unjustified failure of the DAR,

the LBP, the PARC, the PARCCOM, and any concerned

government

agency

or

any

government

official

or

employee to submit the required report, data and/or

other official document involving the implementation of

the provisions of this Act, as required by the parties or the

government, including the House of Representatives and

the Senate of the Philippines as well as their respective

committees, and the congressional oversight committee

created herein;

(i) The undue delay in the compliance with the

obligation to certify or attest and/or falsification of the

certification or attestation as required under Section 7 of

Republic Act No. 6657, as amended; and

(j) Any other culpable neglect or willful violations of

the provisions of this Act.

In the case of government officials and employees, a

conviction under this Act is without prejudice to any civil

case

and/or

appropriate

administrative

proceedings

under civil service law, rules and regulations. Any person

convicted under this Act shall not be entitled to any

benefit

provided

for

in

any agrarian reform law or

program.

Section 73-A. Exception . –The provisions of Section

73, paragraph (e), to the contrary notwithstanding, the

sale and/or transfer of agricultural land in cases where

such sale, transfer or conveyance is made necessary as a

result of a bank’s foreclosure of the mortgaged land is

hereby permitted.

Section 74. Penalties . — Any person who knowingly

or willfully violates the provisions of this Act shall be

punished by imprisonment of not less than one (1) month

to not more than three (3) years or a fine of not less than

One thousand pesos (P1,000.00) and not more than

Fifteen thousand pesos (P15,000.00), or both, at the

discretion of the court: Provided, That the following

corresponding penalties shall be imposed for the specific

violations hereunder:

(a) Imprisonment of three (3) years and one (1)

day to six (6) years or a fine of not less than Fifty

thousand pesos (P50,000.00)and not more than

One hundred fifty thousand pesos (P150,000.00),

or both, at the discretion of the court upon any

person who violates Section 73, subparagraphs

(a), (b), (f), (g), and (h) of Republic Act No. 6657, as

amended; and

(b) Imprisonment of six (6) years and one (1)

day to twelve (12) years or a fine of not less than

Two hundred thousand pesos (P200,000.00) and

not more than One million pesos (P1,000,000.00),

or both, at the discretion of the court upon any

person who violates Section 73, subparagraphs

(c), (d), (e), and (i) of Republic Act No. 6657, as

amended.

If the offender is a corporation or association, the

officer responsible therefor shall be criminally liable.

Section

75.

Suppletory

Application

of

Existing

Legislation . — The provisions of Republic Act No. 3844 as

amended,

Presidential

Decree

Nos.

27

and

266

as

amended, Executive Order Nos. 228 and 229, both Series

of 1987; and other laws not inconsistent with this Act shall

have suppletory effect.

Section

76. Repealing Clause . — Section 35 of

Republic Act No. 3834, Presidential Decree No. 316, the

last two paragraphs of Section 12 of Presidential Decree

No. 946, Presidential Decree No. 1038, and all other laws,

decrees executive orders, rules and regulations, issuances

© Compiled By RGL

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