Article 119Labor and Agrarian Laws and Social Legislation, p. 119

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

banking institution up to the original cost of acquisition

thereof to be guaranteed by the Samahang Nayon or

duly recognized farmers cooperative where the farmer is

a full-pledged member: Provided , That in case of default,

the loan becomes immediately due and demandable and

the mortgagor is given a grace period of one year within

which to settle his obligation: Provided, Further , That in

case of non-payment within one year grace period, the

landholding shall be disposed of only in favor of the

Government

which

shall

endeavor to substitute the

defaulting farmer-beneficiary preferable with a new one

who does not own any land duly certified by the Ministry

of Agrarian Reform and who shall be subrogated to the

rights and shall assume the obligations of the replaced

farmer-beneficiary, subject, however, to the preferential

right of first refusal of the other heirs of the latter:

Provided, Further , That a purchaser who acquired his

landholding under a contract to sell from Land Bank, or

has been issued an Order of Award, may also secure a

loan from any financing or banking institution in an

amount not exceeding his equity on said landholding.

(Amending Section 62 of R.A. No. 3844 (Code of Agrarian

Reforms of the Philippines), Presidential Decree No. 1817,

[January 16, 1981])

Section 63. Inscription of Specific Prohibition Against

Resale and Subdivision of Landholding - Certificates of

titles of landholdings acquired by the Department of

Agrarian Reform and resold to purchasers shall contain

therein

a

specific

inscription

prohibiting

further

subdivision and the resale, transfer or encumbrance of

said landholdings except as provided in the preceding

Section.

Section

64.

Exemption

from

Attachment

-

Lands

acquired under the provisions of this Chapter shall be

exempt from execution and attachment, except when

the land itself is the property mortgaged, in accordance

with Section sixty-two of this Code.

Section

65.

Precedence

of

Expropriation

Cases

-

Expropriation

cases

filed

by

the

Authority

under

provisions of this Chapter shall take precedence over all

other civil cases pending before the Court and shall be

terminated within a period not exceeding six months

from the date of filing.

ARTICLE III Distribution of Agricultural Lands

of the Public Domain

Section 66. Title to Public Agricultural Land - Upon

reservation by the President of the Philippines of public

agricultural

land

available

for

disposition

by

the

Department of Agrarian Reform, such land shall be

surveyed, titled and transferred to the Land Bank, which

shall reduce said title into individual titles for specific

parcels or lots in accordance with the subdivision survey

conducted by the Department of Agrarian Reform under

paragraph 9 of Section fifty-one: Provided, however, That

existing laws governing the acquisition of public lands

shall have been complied with.

The Department of Agrarian Reform shall thereupon

distribute in accordance with the provisions of this Code,

each parcel or lot, subject to the terms and conditions of

the Land Bank, to a beneficiary selected pursuant to

Section seventy-one or in accordance with paragraph 3 of

Section fifty-one, to a beneficiary selected pursuant to

paragraph 3 of Section one hundred twenty-eight.

Section 67. Census of Settlements - The Authority shall

take a census of all settlements already made or started

by farmers on their own initiative on public agricultural

lands, forest lands, and on private titled lands which had

been cleared, occupied and cultivated wholly or partially

by them, with or without legal sanction. The census shall

include, among other things, the bona fide character of

the settlements, the character of the settlers or farmers,

the exact status of the lands settled, the feasibility of

enlarging the settlements, particularly in connection with

the resources of the land occupied and the neighboring

areas, actual and potential accessibility to markets, as well

as strategic location of the settlement with respect to

national security.

Section

68.

Assistance

to

Settlers

in

Transporting

Themselves and Their Belongings - The Authority may, in

certain projects, assist settlers in transporting themselves,

their belongings, work animals and farm equipment, if

any,

from

the

communities

from

which

they

are

migrating

to

the

settlement

areas reserved for the

purpose and for subsistence necessary until credit can be

provided by government financing agencies, or by any

other

credit institution by loaning to them the full

amount required for such purposes. These loans from the

Department of Agrarian Reform shall be non-interest

bearing, shall constitute a lien upon the land, and shall be

amortized over a period of ten years, payable annually

beginning with the end of the third year, after the date of

arrival in the settlement areas, subject to the right of the

borrower to pay in the full at any time prior to the

maturity of the loan.

Section 69. Assistance to Settlers in Securing Equipment

-

The

Authority

may

assist

the settlers in securing

equipment, supplies and materials needed; or assist the

cooperative associations of the new settlers in securing

the

most

advantageous

prices

or

terms

on

farm

implements and supplies needed.

Section 70. Providing Housing and Accommodations to

Settlers - The Authority may help provide housing and

other accommodations for the new settlers upon their

arrival in the settlement areas by the stationing them in

properly surveyed and subdivided lots reserved for the

purpose: help them organize community activities; and

cooperate with the Bureau of Health, the Bureau of

Public

Schools and other pertinent agencies of the

Government,

in providing services necessary for the

proper establishment of community facilities.

Section 71. Power of the Department of Agrarian Reform

to sell to Holders of Bonds Issued to Former Landowners

whose Land have been Purchased for Redistribution . —

The Department of Agrarian Reform shall sell, for a price

not

less

than

the appraised value, any portion not

exceeding one hundred forty-four hectares in the case of

individuals of the public agricultural lands transferred to

the Land Bank which is suitable for large-scale farm

operations to any holder, who is qualified to acquire

agricultural lands through purchase, of bonds issued to

former landowners whose lands have been purchased for

redistribution under this Code, subject to the condition

that

the

purchaser

shall,

within

two

years

after

acquisition, place under cultivation at least thirty per

centum of entire area under plantation administration

and the remaining seventy per centum within five years

from the date of acquisition. The Secretary shall issue the

title of said land upon showing that the purchaser has

developed and cultivated at least one-fourth of his land

under plantation administration.

Any public agricultural land sold as hereinabove specified

shall not be the object of any expropriation as long as the

same

is

developed

and

cultivated

for

large-scale

production under farm labor management: Provided,

however ,

That

after

the

capital invested therein for

development, plus a reasonable margin of profit shall

have been fully recovered, or after the lapse of twenty-five

years from the date of acquisition, whichever comes

earlier, said land shall become expropriable.

The selling price of the portion of the public agricultural

land sold under this Section shall be credited to the Land

Bank. As payment for the land sold under this Section,

the

Land

Bank shall accept as sole instruments of

payment

the

bonds

issued

pursuant

to

Section

seventy-six. Issued bonds accepted as payment for the

land sold shall be cancelled to the extent of the amount

paid.

All sales under this Code shall be subject to the rules and

regulations which the Department of Agrarian Reform in

consultation with the Land Bank, shall prescribe insofar

as they are not inconsistent with the provisions of this

© Compiled By RGL

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