Article 128Labor and Agrarian Laws and Social Legislation, p. 128

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

(2) To establish guidelines, plans and policies for its

member-agencies relative to any particular land reform

project;

(3) To formulate such rules and regulations as may be

necessary to carry out the provisions of this Code for (a)

the selection of agricultural land to be acquired and

distributed under this Code; (b) the determination of sizes

of family farms as defined in Section one hundred

sixty-six; and (c) the selection of beneficiaries to family

farms available for distribution: Provided, That priority

shall be given in the following order: First, to members of

the immediate family of the former owner of the land

within the first degree of consanguinity who will cultivate

the land personally with the aid of labor available within

his farm household; Second, to the actual occupants

personally

cultivating

the land either as agricultural

lessees or otherwise with respect to the area under their

cultivation; Third, to farmers falling under the preceding

category who are cultivating uneconomic-size farms with

respect

to

idle

or

abandoned

lands;

Fourth,

to

owner-operators of uneconomic-size farms; and Fifth, to

such other categories as may be fixed by virtue of this

Code,

taking

into

consideration

the

needs

and

qualifications of the applicants:

(4) To revise, approve, or reject any land reform proposal

or project; and

(5) To proclaim in accordance with the provisions of this

Code, which proclamation shall be considered as having

been promulgated immediately after three successive

weekly publications in at least two newspapers of general

circulation

in

the region or locality affected by the

proclamation,

preference

being

given

to

local

newspapers, if any, that all the government machineries

and

agencies

in

any

region

or

locality

relating

to

leasehold envisioned in this Code are operating: Provided,

That the conversion to leasehold in the proclaimed area

shall become effective at the beginning of the next

succeeding agricultural year after such promulgation:

Provided, further, That the proclamation shall be made

after having considered factors affecting feasibility and

fund requirements and the other factors embodied in

Sections one hundred twenty-nine, one hundred thirty

and one hundred thirty-one.

Section 128-A. Participation of Local Governments . —

The Department of Agrarian Reform shall, in every way

possible to insure the successful implementation of the

Agrarian Reform Program, involve local governments and

secure their participation in the various aspects of the

program, such as the leasehold system, the acquisition

and distribution of private and public agricultural lands,

the

development

of

cooperatives

and

small-scale

industries and the like, and the other corollary operational

activities that should be carried out through barrio,

municipal, provincial and city governments.

In pursuing this approach, however, the Department shall

formulate the policies and programs necessary in the

implementation of this Code.

The Department shall also render technical assistance to

local governments necessary to carry out the objective of

agrarian

reforms.

(Amendments

to

RA

No.

3844

(Agricultural Land Reform Code), Republic Act No. 6389,

[September 10, 1971])

Section 129. Creation of Land Reform Districts - The

Council shall exercise the functions enumerated in the

preceding Section for particular areas which the Council

shall select and designate as land reform districts. A

district shall constitute one or more reform projects, each

project to comprise either a large landed estate or several

areas within small estates. In the selection of a district,

the Council shall consider factors affecting the feasibility

of acquiring for redistribution the areas within the district,

including:

(1) The productivity of the area;

(2) Its suitability for economic family-size farms;

(3) The tenancy rate in the area;

(4) The minimum fixed capital outlay required to develop

the area;

(5) The proximity of the area to resettlement projects; and

(6) The number of farmers that cultivate uneconomic-size

farms, the ability and readiness of such farmers to be

resettled, and the availability of idle or abandoned lands

that may be acquired or expropriated as well as of other

resettlement facilities.

Section 130. Regional Land Reform Committee - For the

purpose of implementing the program and policies of the

Council on the local level, the Council shall establish in

each region of the Philippines a Regional Land Reform

Committee

which

shall

be

composed

of

the

representatives

of

the

agencies

composing

the

Department of Agrarian Reform and shall be under the

chairmanship of the representative of the Department of

Agrarian Reform. The committee shall recommend to the

Council such plans for projects of land reform in its

jurisdiction as it may deem appropriate. The Committee

shall conduct public hearings, gather and analyze data,

estimate the essentials of such plans for projects or

programs and consolidate its findings in a report to be

submitted

to

the

Council

for

its

consideration. The

decision of the Council upon such projects or programs

shall be returned to the Committee, within thirty days

from the submission thereof, for early implementation or

execution

by

said

Committee

and

the

agencies

represented therein.

Section 131. Land Reform Project Team - The Regional

Land Reform Committee shall direct and assign a Land

Reform Project Team for any project or projects within

the region, to be composed of an appropriate number of

personnel from the member-agencies. The team shall be

headed

by

a

representative

of

the

Department

of

Agrarian Reform designated by the Committee, but each

agency shall, in every case, be duly represented by at least

one member in the Team. On the basis of national,

regional, and local policies and programs formulated and

approved by the Council through the Committee, the

Team shall determine (a) the suitability of any area for

redistribution into economic family-size farms; (b) the

economic size of farm units; (c) the feasibility of acquiring

and distributing the area; (d) the willingness of the

lessees to assume the responsibilities of ownership; and

(e) the financial and other requirements of the project.

For this purpose, it shall gather data, obtain opinions,

conduct surveys, pursue investigations, and incorporate

any

information

thus

established

in

a development

program for the area concerned to be submitted in the

form of a consolidated report to the Committee.

CHAPTER VIII LAND CAPABILITY SURVEY AND

CLASSIFICATION

Section

132.

Land

Survey

to

Conform

to

Legal

Requirements - To provide the necessary basis for the

implementation of the land reform program formulated

under this Code, the Department of Agrarian Reform is

hereby authorized to undertake a land capability survey

and

classification

in

cooperation

with

the

relevant

agencies that will be directly benefited by such survey

and classification. The survey shall be made to conform to

the requirements of the Department of Agriculture and

Natural Resources for implementation of Agricultural

programs

and

forestry

inventory,

of

the

Board

of

Technical

Surveys

and

Maps,

and

of

the

National

Economic Council and other agencies for agricultural

planning and other purposes.

Section 133. Cadastral Survey - To resolve the rights of

landholders holding unregistered property, the Bureau of

Lands is directed to undertake an expanded cadastral

survey

and

land

registration

program

commencing

within three months from the passage of this Code.

Section

134.

Costs

of

Fees

and

Charges

-

Notwithstanding any provisions of law to the contrary, the

following rules shall apply with respect to the costs, fees

and

charges

in

the

survey,

monumenting,

and

© Compiled By RGL

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