Article 118Labor and Agrarian Laws and Social Legislation, p. 118

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

and other groups of farmers and members of their family

that will enhance their social and economic conditions;

(11) To acquire for agricultural lessees exercising their right

to pre-emption and redemption under Chapter I of this

Code, any land-holdings mentioned thereunder;

(12) To conduct land capability survey and classification of

the entire country and print maps;

(13) To make such arrangements with the Land Bank with

respect to titles of agricultural lands of the public domain

under its administration as will be necessary to carry out

the objectives of this Code;

(14) To expropriate home lots occupied by agricultural

lessees outside their landholdings for resale at cost to

said agricultural lessees;

(15) To see to it that all agricultural lands, either public or

private,

distributed

by

the

government

to

the

beneficiaries of the Agrarian Reform Program shall be

sold only by the said beneficiaries to the government; and

(16) To submit to the President of the Philippines and to

both Houses of Congress through their presiding officers,

to the Secretary of Finance and to the Auditor General

within sixty days of the close of the fiscal year, an annual

report showing its Accomplishments during the year; the

expropriation

proceedings

it

has

undertaken;

the

expenditures

it

has

incurred

and

other

financial

transactions

undertaken

with

respect

thereto;

( Amendments to RA No. 3844 (Agricultural Land Reform

Code), Republic Act No. 6389, [September 10, 1971])

Section 52. Appointment of Subordinate Officials and

Employees - The Governor shall organize the personnel in

such departments, divisions and sections of the Authority

as will insure their maximum efficiency. He shall appoint,

subject to civil service rules and regulations, fix the

compensation, subject to WAPCO rules and regulations,

and determine the duties of subordinate officials and

employees as the exigencies of the service may require.

ARTICLE II Expropriation of Private

Agricultural Lands

Section 53. Compulsory Purchase of Agricultural Lands -

( Repealed by Republic Act No. 9700, [August 7, 2009])

Section 54. Possession of the Land; Procedure - The

Authority, after commencing the expropriation suit, may

take immediate possession of the land upon deposit with

the

Court

that

has

acquired

jurisdiction

over

the

expropriation proceedings in accordance with the Rules

of Court, of money, and bonds of the Land Bank, in

accordance with the proportions provided for under

Section

eighty

of

this Code, equal to the value as

determined

by

the

Court

in

accordance

with

the

provisions of Section fifty-six hereof.

Section

55.

Expeditious

Survey

and

Subdivision

-

Immediately after the Authority takes possession of lands

to be acquired by it under this Code, it shall undertake a

subdivision survey of the land into economic family-size

farms

which

shall

be

immediately

assigned

to

beneficiaries selected in accordance with Section one

hundred and twenty-eight subject to such rules and

regulations as it may prescribe.

Section 56. Just Compensation - In determining the just

compensation of the land to be expropriated pursuant to

this Chapter, the Court shall consider as basis, the fair

market

value,

without

prejudice

to

considering

the

assessed value and other pertinent factors.

The owner of the land expropriated shall be paid in

accordance with Section eighty of this Code by the Land

Bank and pursuant to an arrangement herein authorized.

(Amendments to RA No. 3844 (Agricultural Land Reform

Code), Republic Act No. 6389, [September 10, 1971])

Section 57. Duty of Court in Expropriation Proceedings -

In expropriation proceedings, it shall be the duty of the

Court to include in its resolution or order of expropriation

a provision that the Department of Agrarian Reform shall,

after

taking

possession

of

the

land

and

after

the

subdivision thereof, allow the Land Bank to have the title

thereto for the purpose of paying the owner the just

compensation therefor.

Section 58. Issuance of Certificates of Title for Parcel or

Lot - After the payment of just compensation on the land

expropriated the Land Bank shall cause the issuance of

separate certificates of titles for each parcel or lot in

accordance with the subdivision survey made under

Section fifty-five.

Section

59.

Prohibition

Against

Alienation

and

Ejectment - Upon the filing of the petition referred to in

Section fifty-three the landowner may not alienate any

portion of the land covered by such petition except in

pursuance of the provisions of this Code, or enter into any

form of contract to defeat the purposes of this Code, and

no ejectment proceedings against any lessee or occupant

of the land covered by the petition shall be instituted or

prosecuted until it becomes certain that the land shall

not be acquired by the Authority.

Section 60. Disposition of Expropriated Land - After

separate

certificates

of

titles

have

been

issued

in

accordance with Section fifty-eight, the Department of

Agrarian

Reform,

on

behalf

of

the Republic of the

Philippines and in representation of the Land Bank as the

financing agency, shall allot and sell each parcel or lot to a

qualified beneficiary selected under Section fifty-five of

this

Code, subject to uniform terms and conditions

imposed by the Land Bank: Provided, That the resale shall

be at cost which shall mean the purchase price not more

than six per centum per annum, which shall cover

administrative

expenses,

and

actual

expenses

for

subdivision, surveying, and registration: Provided, further,

That

such

cost

shall

be

paid

on

the

basis

of

an

amortization plan not exceeding twenty-five years at the

option of the beneficiary.

In case some agricultural lessees working portions of

agricultural lands acquired by the government under this

Code

prefer

to

remain

as

lessees

thereof,

which

preference shall be expressed in writing and attested by a

representative of the Office of Agrarian Counsel, the

resale and redistribution to them shall be deferred until

such time that such lessees are ready and willing to

assume

the

obligations

and

responsibilities

of

independent owners, which shall be manifested by a

written notice to this effect by the lessees and which shall

oblige the Department of Agrarian Reform forthwith to

allot and sell such portions to such lessees under the

same uniform terms and conditions. Pending the sale,

such lessees shall continue to work on their landholdings

and receive the produce thereof, subject, however, to the

requirement that they pay the Land Bank the allowable

rental established in Section thirty-four. The Land Bank

shall apply the rental to the six percent added to the

acquisition price and credit the balance to the acquisition

cost in the name of the lessee as partial payment for the

land.

The Department of Agrarian Reform shall administer said

parcels of land during the period they are under lease.

Competent

management

and

adequate

production

credit shall be provided in accordance with the program

developed by the Land Reform Project Team for such

area.

Section 61. Organization of Cooperative Associations -

For the purpose of more efficient management, adoption

of modern farm methods and techniques, and spreading

risk, either through diversification of farm projects or

mutual assumption of risks the farmer beneficiaries may

organize themselves into cooperative associations with

the advice or assistance of the Agricultural Productivity

Commission

and

in

accordance with the guidelines

established by said Commission for such associations.

Section

62.

Limitation

on Land Rights - Except in

hereditary succession by one heir, landholding acquired

under this Code shall not be sold or transferred except in

favor of the Government, valued at its acquisition cost

plus cost of improvements. Said landholding may be

mortgaged or encumbered in favor of any financing or

© Compiled By RGL

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