Está en la página 1de 14

DOJ OPINION NO. 044, s. 1990 program.

Hence, it should logically follow from the said


March 16, 1990 department's express duty and function to execute and enforce the
said statute that any reclassification of a private land as a residential,
Secretary Florencio Abad commercial or industrial property should first be cleared by the
Department of Agrarian Reform DAR."
Diliman, Quezon City It is conceded that under the laws in force prior to the enactment and
effective date of R.A. No. 6657, the DAR had likewise the authority, to
Sir: authorize conversions of agricultural lands to other uses, but always in
This refers to your letter of the 13th instant stating your "position that coordination with other concerned agencies. Under R.A. No. 3344, as
prior to the passage of R.A. 6657, the Department of Agrarian Reform had the amended by R.A. No. 6389, an agricultural lessee may, by order of the court,
authority to classify and declare which agricultural lands are suitable for non- be dispossessed of his landholding if after due hearing, it is shown that the
agricultural purposes, and to approve or disapprove applications for "landholding is declared by the [DAR] upon the recommendation of the
conversion from agricultural to non-agricultural uses." National Planning Commission to be suited for residential, commercial,
In support of the foregoing view, you contend that under R.A. No. 3844, industrial or some other urban purposes."
as amended, the Department of Agrarian Reform (DAR) is empowered to Likewise, under various Presidential Decrees (P.D. Nos. 583, 815 and 946)
"determine and declare an agricultural land to be suited for residential, which were issued to give teeth to the implementation of the agrarian reform
commercial, industrial or some other urban purpose" and to "convert program decreed in P.D. No. 27, the DAR was empowered to authorize
agricultural land from agricultural to non-agricultural purposes"; that P.D. No. conversions of tenanted agricultural lands, specifically those planted to rice
583, as amended by P.D. No. 815 "affirms that the conversion of agricultural and/or corn, to other agricultural or to non-agricultural uses, "subject to
lands shall be allowed only upon previous authorization of the [DAR]; with studies on zoning of the Human Settlements Commissions" (HSC). This non-
respect to tenanted rice and corn lands"; that a Memorandum of Agreement exclusive authority of the DAR under the aforesaid laws was, as you have
dated May 13, 1977 between the DAR, the Department of Local Government correctly pointed out, recognized and reaffirmed by other concerned
and Community Development and the then Human Settlements Commission agencies, such as the Department of Local Government and Community
"further affirms the authority of the [DAR] to allow or disallow conversion of Development (DLGCD) and the then Human Settlements Commission (HSC)
agricultural lands"; that E.O. No. 129-A expressly invests the DAR with in a Memorandum of Agreement executed by the DAR and these two
exclusive authority to approve or disapprove conversion of agricultural lands agencies on May 13, 1977, which is an admission that with respect to land
for residential, commercial, industrial and other land uses'; and that while in use planning and conversions, the authority is not exclusive to any particular
the final version of House Bill 400, Section 9 thereof provided that lands agency but is a coordinated effort of all concerned agencies.
devoted to "residential, housing, commercial and industrial sites classified as It is significant to mention that in 1978, the then Ministry of Human
such by the municipal and city development councils as already approved by Settlements was granted authority to review and ratify land use plans and
the Housing and Land Use Regulatory Board, in their respective zoning zoning ordinance of local governments and to approve development
development plans" be exempted from the coverage of the Agrarian Reform proposals which include land use conversions (see LOI No. 729 [1978]). This
program, this clause was deleted from Section 10 of the final version of the was followed by P.D. No. 648 (1981) which conferred upon the Human
consolidated bill stating the exemptions from the coverage of the Settlements Regulatory Commission (the predecessors of the Housing and
Comprehensive Agrarian Reform Program. Land Use Regulatory Board [HLURB] the authority to promulgate zoning and
We take it that your query has been prompted by the study previously other land use control standards and guidelines which shall govern land use
made by this Department for Executive Secretary Catalino Macaraig Jr. and plans and zoning ordinances of local governments, subdivision or estate
Secretary Vicente Jayme (Memorandum dated February 14, 1990) which development projects of both the public and private sector and urban
upheld the authority of the DAR to authorize conversions of agricultural lands renewal plans, programs and projects; as well as to review, evaluate and
to non-agricultural uses as of June 15, 1988, the date of effectivity of the approve or disapprove comprehensive land use development plans and
Comprehensive Agrarian Reform Law (R.A. No. 6657). it is your position that zoning components of civil works and infrastructure projects, of national,
the authority of DAR to authorize such conversion existed even prior to June regional and local governments, subdivisions, condominiums or estate
15, 1988 or as early as 1963 under the Agricultural Land Reform Code (R.A. development projects including industrial estates.
No. 3844; as amended). P.D. No. 583, as amended by P.D. No. 815, and the 1977 Memorandum
It should be made clear at the outset that the aforementioned study of of Agreement, abovementioned, cannot therefore, be construed as sources
this Department was based on facts and issues arising from the of authority of the DAR; these issuances merely affirmed whatever power
implementation of the Comprehensive Agrarian Reform Program (CARP). DAR had at the time of their adoption.
While there is no specific and express authority given to DAR in the CARP law With respect to your observation that E.O. No. 129-A also empowered
to approve or disapprove conversion of agricultural lands to non- agricultural the DAR to approve or disapprove conversions of agricultural lands into non-
uses, because Section 65 only refers to conversions effected after five years agricultural uses as of July 22, 1987, it is our view that E.O. No. 129-A likewise
from date of the award, we opined that the authority of the DAR to approve did not provide a new source of power of DAR with respect to conversion but
or disapprove conversions of agricultural lands to non-agricultural uses it merely recognized and reaffirmed the existence of such power as granted
applies only to conversions made on or after June 15, 1988, the date of under existing laws. This is clearly inferrable from the following provision of
effectivity of R.A. No. 6657, solely on the basis of our interpretation of DAR's E.O. No. 129-A to wit:
mandate and the comprehensive coverage of the land reform program. Thus, "Sec. 5. Powers and Functions. Pursuant to the mandate of the
we said: Department, and in order to ensure the successful implementation
"Being vested with exclusive original jurisdiction over all matters of the Comprehensive Agrarian Reform Program, the Department is
involving the implementation of agrarian reform, it is believed to be hereby authorized to:
the agrarian reform law's intention that any conversion of a private 1) Have exclusive
agricultural land to non- agricultural uses should be cleared authority to approve or
beforehand by the DAR. True, the DAR's express power over land use disapprove conversion of
conversion is limited to cases in which agricultural lands already agricultural lands for
awarded have, after five years, ceased to be economically feasible residential, commercial,
and sound for agricultural purposes, or the locality has become industrial and other land uses as
urbanized and the land will have a greater economic value for may be provided by law"
residential, commercial or industrial purposes. But to suggest that (Emphasis supplied.)
these are the only instances when the DAR can require conversion Anent the observation regarding the alleged deletion of residential,
clearances would open a loophole in the R.A. No. 6657, which every housing, commercial and industrial sites classified by the HLURB in the final
landowner may use to evade compliance with the agrarian reform version of the CARP bill, we fail to see how this circumstances could
substantiate your position that DAR's authority to reclassify or approve In your cited case of Natalia Realty vs. DAR, the Supreme Court explained the
conversions of agricultural lands to non-agricultural uses already existed prior extent of the coverage of CARL, thus:
to June 15, 1988. Surely, it is clear that the alleged deletion was necessary to ". . . Section 4 of R.A. 6657 provides that the CARL shall cover,
avoid a redundancy in the CARP law whose coverage is expressly limited to regardless of tenurial arrangement and commodity produced, all
"all public and private agricultural lands" and "other lands of the public public and private agricultural lands. As to what constitutes
domain suitable for agriculture" (Sec. 4, R.A. No. 6657). Section 3(c) of R.A. 'agricultural land,' it is referred to as 'land devoted to agricultural
No. 6657 defines "agricultural land" as that "devoted to agricultural activity activity' as defined in this Act and not classified as mineral, forest,
as defined in the Act and not classified as mineral forest, residential, residential, commercial or industrial land. The deliberations of the
commercial or industrial land." Constitutional Commission confirm limitation. 'Agricultural lands'
Based on the foregoing premises, we reiterate the view that with respect are only those lands which are arable are suitable agricultural lands"
to conversions of agricultural lands covered by R.A. No. 6657 to non- and do not include commercial, industrial, and residential lands.
agricultural uses, the authority of DAR to approve such conversions may be xxx xxx xxx
exercised from the date of the law's effectivity on June 15, 1988. This "Indeed, lands not devoted to agricultural activity are outside the
conclusion is based on a liberal interpretation of R.A. No. 6657 in the light of coverage of CARL. These include lands previously converted to non-
DAR's mandate and the extensive coverage of the agrarian reform program. agricultural uses prior to the effectivity of CARL by other government
Very truly yours, agencies other than respondent DAR." 1
FRANKLIN M. DRILON Moreover, Section 65 of R.A. No. 6657, as amended, provides:
Secretary "Section 65. Conversion of Lands. — After the lapse of five (5) years
DOJ OPINION NO. 043, s. 2011 from its award, when the land ceases to be economically feasible and
September 1, 2011 sound for agricultural purposes, or the locality has become
urbanized and the land will have a greater economic value for
residential, commercial or industrial purposes, the DAR upon
Secretary Virgilio R. Delos Reyes application of the beneficiary or the landowner with respect only to
Department of Agrarian Reform his/her retained area which is tenanted, with due notice to the
Elliptical Road, Diliman affected parties, and subject to existing laws, may authorize the
Quezon City reclassification or conversion of the land: Provided, That the
beneficiary shall have fully paid his obligation."
Dear Secretary Delos Reyes : Section 22 of R.A. No. 9700, amending the above-quoted legal provision,
pertinently reads:
This refers to your request for our opinion on whether the Department of "Section 22. Section 65 of Republic Act No. 6657, as amended, is
Agrarian Reform (DAR) can grant applications for exemption involving hereby further amended to read as follows:
irrigated and irrigable lands, i.e., those classified as not subject to and non- 'Section 65. Conversion of Lands. — After the lapse of five
negotiable for conversion, reclassified into non-agricultural uses prior to June (5) years from its award, when the land ceases to be
15, 1988, the date Republic Act No. 6657, or the Comprehensive Agrarian economically feasible and sound for agricultural purposes,
Reform Law (CARL), took effect. or the locality has become urbanized and the land will have
You state that pursuant to this Department's Opinion (No. 44, s. 1990) to the a greater economic value for residential, commercial or
effect that the authority of DAR to act upon applications for conversion of industrial purposes, the DAR, upon application of the
agricultural lands to non-agricultural uses may be exercised on or after June beneficiary or the landowner with respect only to his/her
15, 1988, previous DAR Administrations had adopted the position that all retained area which is tenanted, with due notice to the
agricultural lands already classified as commercial, industrial, or residential affected parties, and subject to existing laws, may authorize
before said date no longer need a conversion clearance but only an the reclassification or conversion of the land: Provided, That
exemption clearance from DAR. if the applicant is a beneficiary under the agrarian laws and
You also say that in another Opinion (No. 181, s. 1990) of this Department the land sought to be converted is the land awarded to
and in the Supreme Court ruling in Natalia Realty vs. DAR, 225 SCRA 278, it his/her or any portion thereof, the applicant, after the
was pointed out that "agricultural lands coverable under the CARP do not conversion is granted, shall invest at least ten percent (10%)
include in its contemplation agricultural lands classified as commercial, of the proceeds coming from the conversion in government
industrial, or residential prior to 15 June 1988 for they ceased to be securities: Provided, further, That the applicant upon
agricultural upon approval of their classification/reclassification as could be conversion shall fully pay the price of the land: Provided,
inferred from the definition of Agricultural Land in Section 3 (c) of R.A. No. furthermore, That irrigated and irrigable lands shall not be
6657." subject to conversion: Provided, finally, That the National
Further, you aver that the non-negotiability for conversion of irrigated and Irrigation Administration shall submit a consolidated data
irrigable lands was stressed in Administrative Order No. 20, s. 1992, reiterated on the location nationwide of all irrigable lands within one
in Administrative Order No. 363, s. 1997, both of the Office of the President (1) year from the effectivity of this Act." 2 DTEHIA
(OP), and underscored anew in Section 22 of Republic Act No. 9700, or the Evidently, and as stated by the Supreme Court in the aforecited case,
"CARPER (Comprehensive Agrarian Reform Program with Extension and reiterating an Opinion of this Department, lands previously reclassified or
Reforms) Law. TSacAE converted from agricultural lands to non-agricultural uses prior to the
It is, however, your position that the aforesaid DOJ Opinion No. 181, s. 1990 enactment of the CARL fall beyond the coverage thereof. For the same
and Supreme Court decision should apply only to the Lungsod Silangan reason, and in view of Section 22 of R.A. No. 9700 amending Section 65 of the
Townsite Reservation and to highly urbanized areas, but not to other areas in CARL, the only logical conclusion is that applications for exemption involving
the country, especially to irrigated and irrigable prime agricultural lands. You irrigated and irrigable lands, i.e., those classified as not subject to and non-
further assert that the reclassification of these irrigated or irrigable prime negotiable for conversion, but subsequently reclassified into non-agricultural
agricultural lands into non-agricultural uses prior to June 15, 1988 partakes uses prior to June 15, 1988, can no longer be granted.
the nature of conversion. Therefore, DAR's approval of any request for This conclusion finds support in the records of the congressional deliberations
exemption involving such lands would not only be unconstitutional but would on House Bill No. 40777, which gave birth to R.A. No. 9700, in which not only
also be contrary to the two (2) presidential issuances aforementioned as well was the limitation on what agricultural lands can be covered by the CARL
as Section 22 of R.A. No. 9700. In view thereof, you now elevated the matter acknowledged, but the policy prohibiting conversion of all irrigated and
to us for our opinion. irrigable farmlands was also expressly made absolute and permanent. 3
We agree. To expand the wisdom of DOJ Opinion No. 181, Series of 1990 and the Court
ruling inNatalia Realty vs. DAR to the effect that agricultural lands coverable
under CARP do not include in its contemplation agricultural lands classified as (b) "Human Settlements" means the habitat or built environment
commercial, industrial, or residential prior to 15 June 1988 for they ceased to of human beings encompassing both rural and urban areas where
be agricultural upon the approval of their classification/reclassification as man settles himself to live."
could be inferred from the definition of Agricultural Land in Section 3 (c) of (c) "Human Settlements Approach" means the physical planning,
R.A. No. 6657, as amended, would be an over-generalization and negates the improvement, and management of human settlements. This
state policy against conversion of irrigated and irrigable lands. Thus, DOJ includes consideration of shelter and related facilities which affect
Opinion No. 181, Series of 1990 and the Supreme Court Ruling in Natalia habitability and efficiency from the viewpoints of quality of life and
Realty vs. DAR should not be made to generally apply to irrigated and irrigable economic and social opportunity.
prime agricultural lands. (d) "Human Settlements Plan" refers to the major goals, objectives,
The provisions of Section 65, as amended, are clear and categorical enough and policies for the planning of human settlements, translated into
that interpretation has no room. 4 Thus, irrespective of whether the a broad program of physical planning activities, programs and
reclassification of irrigated and irrigable prime agricultural lands was done projects, including its phasing, priorities, and financing.
before or after the effectivity of the CARL, the terms of the present Section (e) "Land Resource Management" means the formulation of
65 leave no room for doubt that the legislative intent is to ban any conversion policies and programs relating to the general use of land, the
of such agricultural lands. Since exemption, for all intent and purposes, under preparation of land use, plans, reflecting these policies and
these circumstances has essentially the same legal effect as conversion, that programs; the coordination of efforts relating to land resources
is, removing the lands from their potential agricultural use, the DAR may deny among government agencies and between various levels of
any application for exemption involving irrigated or irrigable lands. government, and the administration of programs and
Please be guided accordingly. implementation of mechanisms in support of these policies.
Very truly yours, (f) "Local Planning Bodies" refer to the existing offices or agencies
or those which may be created in the future which are lawfully
(SGD.) LEILA M. DE LIMA entrusted with physical planning functions in the local
Secretary governments.
MALACAÑANG (g) "Physical Planning" means the art and science of ordering and
Manila managing the use of land and its environment and the character
PRESIDENTIAL DECREE No. 933 May 13, 1976 and siting of buildings and communication routes so as to secure
CREATING THE HUMAN SETTLEMENTS COMMISSION the maximum practicable degree of economy, convenience and
WHEREAS, it is a declared objective of the New Society to effect social, beauty.
economic and political reforms attuned to the establishment of a secure (h) "Pilot or Experimental Projects" refers to any undertaking,
national community and to an improved quality of life for all citizens and for activity, or operation, of more or less limited duration, involving
all others who may sojourn upon our shores; investments carried out with the end in view of trying out
WHEREAS, human settlement is an integrative concept embracing the alternative and innovative approaches to managing and planning
interdependence of man's environment, human shelters and structures, and human settlements.
the design and organization of human communities consistently with a (i) "Planned Area for New Development" refers to any areas/area
national framework plan, all for the people's security and well-being. identified and segregated for overall and integrated planning and
WHEREAS, the quality of human life in our times is inescapably determined development as a single unit or physical area.
by the relationship amongst human populations, resources, the environment, (j) "Regional Planning Bodies" refer to the existing offices or
and intelligent policies; agencies such as the Regional Development Councils (RDCs) or
WHEREAS, our programs or reform now call for the organization of a body those which may be created in the future which are lawfully
that is adequate and responsive to the manifold tasks of formulating human entrusted with physical planning functions in the region.
settlements perspectives and policies, designing operational programs for the Section 3. Creation of the Human Settlements Commission. For the purpose
control of all forms of environmental blight or deterioration, and adopting of carrying out the above declared policy, there is hereby created a Human
and implementing measures for ensuring the safety and wholesomeness of Settlements Commission, hereinafter referred to as the Commission, which
life in our communities with due regard to consideration of space, efficient shall be under the Office of the President of the Philippines.
land use, equity in resources distribution, and rational relationship amongst The Commission shall be composed of the following members: (1) the Deputy
our communities. Director-General, National Economic and Development Authority; (2) the
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by Undersecretary, Department of Public Works, Transportation and
virtue of the powers vested in me by the Constitution, do hereby order and Communications; (3) the Undersecretary of Public Highways; (4) the
decree and make as part of the laws of the land the following: Undersecretary, Department of Natural Resources; (5) the Undersecretary,
Section 1. Declaration of Policies. It is hereby declared to be the policy of the Department of Justice; (6) the Undersecretary, Department of Local
Government (a) to liberate our human communities from blight, congestion, Government and Community Development; (7) the General Manager,
and hazard, and to promote their development and modernization; (b) to National Housing Authority; (8) the full-time Commissioner of the National
bring about the optimum use of land as a national resource for public welfare Pollution Control Commission; (9) Undersecretary of Agriculture; (10) Deputy
rather than as a commodity of trade subject to price speculation and Commissioner of the Budget and (11) a Chairman appointed by the President
indiscriminate use; (c) to effect rational interdependence of communities who shall be a member of the National Economic and Development Authority.
both within as well as amongst the various regions; (d) to preserve and The Chairman and members of the Commission may be allowed to receive
promote a dynamic balance between the physical beauty of our land and per diems and allowances as may be necessary for the performance of their
waters on the one hand, and the handiwork of human technology on the duties.
other; and finally, (e) to realize those policies through the human settlements The Commission is authorized to create such working sub-committees as may
approach; engaging in these activities the best efforts of the private and be needed for carrying out the functions of the Commission.
public sectors. The Commission shall appoint and maintain an adequate technical and
Section 2. Definitions. As used in this Decree, the following words or phrases administrative staff, which will be headed by an Executive Director. The Task
shall have the following meanings or definitions: Force on Human Settlements created and organized pursuant to Executive
(a) "Development Plan" refers to the document/documents, Order No. 419 and Presidential Decree NO. 297, both dated September 19,
including maps, charts and other materials embodying goals and 1973, shall be abolished upon the organization of the Commission herein
proposals for the overall socio-economic growth and development created and its pertinent functions together with the applicable personnel,
of an area. The term covers both national and regional balance of appropriation, records, equipment and property shall be
development plans. transferred to the Commission.
The pertinent physical planning functions of the Planning and Project plan. It shall also submit the proposed draft legislation, if necessary, for the
Development Office (PPDO) created by Department Order No. 40 dated June implementation of such plans. Once the Human Settlements Plan has been
27, 1972 of the Department of Public Works, Transportation and approved and the implementing legislation promulgated, all plans, programs
Communications (DPWTC) are hereby transferred to the Commission, and projects of the government and the private sectors related to humans
together with such applicable personnel, appropriations, records, equipment, settlements shall conform to the guidelines and standard set forth therein.
and property as may be mutually determined by the DPWTC and the The Commission shall also submit to the NEDA an Annual Human Settlements
Commission. However, the DPWTC shall retain such physical planning Plan consistent with the annual development budget and such annual plans
functions as are essential to and supportive of the infrastructure program and which NEDA may prepare, for integration into the national development plan.
operations of the DPWTC and of the corporations attached to the Said Annual Plan shall be submitted in time for consideration in the
Department. preparation of the development budget and national development plan.
The regular professional and technical personnel of the Commission shall be Section 6. Regional Planning Functions. For the effective integration of
exempt form WAPCO rules and regulations. economic planning with the physical planning of human settlements, the
Section 4. Functions. The Commission shall have the following functions: NEDA and the Commission shall be in constant and regular consultation with
1. Formulate a multi-year integrated national plan on human each other and shall effect a mutual reporting system.
settlements and identify and develop the spatial implications and At the request of a Regional Development Council (RDC), the Commission may
components of national and regional development plans, policies prepare the regional plan for that region and/or may provide such necessary
and programs. technical and planning assistance as may be necessary. The Commission may
2. Undertake, promote, commission and/or contract the gathering help the RDCs to establish their respective physical planning units.
of data, the conduct of studies, and the development and Section 7. Project Implementation. Except as otherwise provided herein, the
applications of technology pertaining to human settlements Commission may not undertake project implementation involving specific
necessary for the formulation of human settlements policies, plans sites except in the case of pilot or experimental projects which may or may
and programs; and monitor the implementation of such policies, not form part of the Planned Development Units. For this purpose, with the
plans and programs for the different levels of government and for prior concurrence of the NEDA, it may undertake the project itself or
the public and private sectors. designate any suitable government agency or agencies, any qualified private
3. Conduct public hearings on all human settlements plans before organization, or any other qualified group of persons to undertake said pilot
their submission to the NEDA. The Commission may likewise or experimental projects. In the latter case, it shall issue a designating order
conduct public hearing on all other plans prepared by it as it may with the approval of and through the President which shall embody the
deem necessary. powers and functions of said organizations including the nature, extent and
4. Promulgate rules and regulations to ensure compliance with duration of its special authority, consistent with existing laws.
policies, plans, standards and guidelines of human settlements Section 8. Regulatory Functions.
formulated under Paragraph 2 of this Section which shall be (a) The Commission shall assist and coordinate with the National
enforced by the appropriate implementing agencies of the Pollution Control Commission (NPCC) in the performance of its
government such as those concerned with land resources functions such as the setting of performance standards for
management, ecological conservation and development and emitants, industrial wastes, fire hazards and the like to ensure that
control of urban/industrial pollution and hazards. factories, plants, industries and the like shall provide adequate and
5. Act as appellate body in case of conflicting decisions and actions effective devices for the healthy and safe disposal of industrial
arising from the exercise of the physical planning functions of the wastes and shall install anti-pollution devices, safety devices and
regional and/or local planning agencies. the like and otherwise use their property in accordance with
6. With the concurrence of the NEDA, recommend for the approval prescribed policies, rules and regulations promulgated by the
of the President selected human settlements as Planned Areas for Commission.
New Development, in accordance with modern comprehensive (b) The Commission shall formulate
physical planning techniques, indicating the preferred 1. National standards, rules and regulations to be
implementing entity. If deemed necessary, an implementing followed and observed by the regional and local
legislation shall be enacted for this purpose which may include the planning authorities in the preparation and
grant of eminent domain to the implementing entity. Under such implementation of human settlements policies, plans
terms and conditions as the President may further prescribe, the and programs.
Commission may be authorized to directly develop and implement 2. Regional standards and guidelines on land use,
a Planned Area for New Development, either by itself or as part of classification, and readjustment schemes in
an inter-agency group and/or by contract with such appropriate coordination with the appropriate government entities
public and/or private entities as it may be deem proper. and with the concurrence of the Regional Development
7. Promote, encourage, coordinate, and assist private enterprises Councils concerned.
and government agencies and instrumentalities in planning, 3. Model ordinances and development regulations such
developing and coordinating humans settlements programs and to as zoning, subdivision and building regulations, and
furnish, to the extent possible, technical and professional housing and rental codes for the guidance of and
assistance and guidance. possible consideration, by regional and local planning
8. Promulgate guidelines, standards and reporting system for authorities, including local governments.
monitoring of physical planning activities in the national, regional (c) Within the context of the national and regional standards and
and local levels. guidelines, the preparation of local physical or zoning plans shall
9. Call on any department, bureau, office, agency or be undertaken by the appropriate local governments, to be
instrumentality of the government, and on private entities and embodied in local ordinances: Provided, however, That the
organizations for cooperation and assistance in the performance concurrence of the Commission shall be obtained beforehand and:
of its functions. Provided, further, That such concurrence shall be limited to the
10. Adopt rules and procedures for the transaction of its business. consistency of the local ordinance to the national and regional
11. Perform such other activities which are necessary for the standards and guidelines and shall not extend to the utilization
effective performance of the above-mentioned functions and and/or classification of specific individual plots of land.
objectives. Section 9. General Powers of the Commission. In order to perform its various
Section 5. National Planning Functions. The Commission shall submit the functions, the Commission shall have the following general powers, subjects
integrated national multi-year and annual Human Settlements Plans to the to existing laws:
NEDA Board for coordination and integration with the national development
(a) Enter into contracts, either domestic or foreign, whenever Section 14. Review of Commission's Decision or Order. a party adversely
necessary under such terms and conditions as it may deem proper affected by any decision or order of the Commission in the exercise of its
and reasonable. powers subject to hearing, may within a period of thirty (30) days from receipt
(b) Receive, take and hold by bequest, device, gift, purchase or of said decision or order, appeal to the Office of the President in accordance
lease, either absolutely or in trust for any asset, grant or property, with the provisions of the Executive Order No. 19, series of 1966. A motion
real or personal, subject to such limitations as are provided in for reconsideration filed with the Commission within the period for appeal
existing laws and regulations; to convey such asset, grant or shall stop or suspend the running of the period for appeal to the Office of the
property, invest and reinvest the same under this provision and President and the period for appeal shall continue to run again from the date
deal with and expand its assets and income in such manner as will of receipt by the party concerned of the denial of his motion for
best promote its public welfare objectives. reconsideration by the Commission.
(c) Develop and maintain in conjunction with cooperating agencies Section 15. Penalties.
a responsive information system through the establishment of a (a) Any person who shall give false or misleading data or
data bank to support the Commission at various specific levels in information of willfully or through gross negligence, conceals or
the planning, monitoring, execution, coordination and control of falsifies a material fact, in any investigation, inquiry, study or other
its various activities, programs and/or projects. proceedings held pursuant to this Decree, shall be punished with
(d) To do and perform any and all such acts as may be necessary imprisonment of not less than four nor more than six months with
and proper to carry out the objectives of this Decree. a fine of not less than five hundred pesos nor more than one
Section 10. Powers of the Commission Upon Notice and Hearing. The thousand pesos: Provided, That if the false or misleading data or
Commission shall have the following powers, upon proper notice and hearing: information shall have been given under oath, the maximum
(a) Formulate the national and regional human settlements plans. penalty for giving false testimony or perjury shall be imposed.
(b) Formulate national or regional plans showing the area or areas (b) Any person or establishment who violates any provision of this
for the location of factories, plants, industries, which shall be Decree or any order, decision, ruling or regulation of the
subject to regulations. Commission shall, upon conviction for the first time, be warned
Section 11. Powers of the Commission Without Hearing. The Commission shall and placed on probation under such terms and conditions as the
have the power to do the following without hearing: proper Court may impose. On second conviction, the penalty to be
(a) Require all persons, corporations or other entities to furnish it imposed shall be the removal, withdrawal, cessation or refusal of
with such physical and operational plans, maps and other relevant infrastructure support namely; highways, sewage, water, electric
information as it may need to discharge its duties under this power and the like. On the third and subsequent convictions, the
Decree. offender shall, in addition to the penalty imposed on second
(b) Issue subpoena and subpoena duces tecum on any inquiry, conviction, be sentenced to imprisonment for a period of not less
study, hearing, investigation or proceeding which it may decide to than six months nor more than five years and a fine of not less than
undertake in the excess of its functions, powers and duties under five thousand pesos: Provided, That if the offender is a corporation,
this Decree. partnership or juridical person, the penalty of imprisonment shall
(c) Call on any department, bureau, office, agency, or be imposed on the officer or officers responsible for permitting or
instrumentality of the government or any of its political causing the violation.
subdivisions for cooperation and assistance in the performance of Section 16. Domicile. The principal office of the Commission shall be
its duties and functions. established in Metropolitan Manila. The Commission may also have branches
(d) Promulgate rules and regulations relevant to procedures or offices at such other place or places in the Philippines, as the operations
governing hearings before the Commission and enforce and activities of the Commission may require.
compliance with any rule, regulation, order or other requirements Section 17. Appropriation. The budget of the Commission shall be twenty-
of this Decree or of the Commission: Provided, That the said rules nine million pesos (P29,000,000.00) for calendar year 1976 which is hereby
and regulations shall take effect fifteen (15) days after publications appropriated out of any funds in the National Treasury. Thereafter, such
in a newspaper of general circulation. amount as necessary to carry out the provisions of this Decree shall be
(e) Issue and promulgate such rules and regulations as it may deem included in the Annual Appropriations Act.
necessary in the attainment of its objectives. Section 18. Separability Clause. If any provision of this Decree shall be held
(f) Perform such other acts as may be necessary or conducive to invalid, the remainder shall not be affected thereby.
the exercise of its function and powers and the discharge of its Section 19. Repealing Clause. Any provision of law, executive order, rule or
duties under this Decree. regulation inconsistent with this Decree are hereby repealed or modified
Section 12. Submission of Annual Reports. The Commission shall render an accordingly.
Annual Report and such other reports as may be necessary to the Office of Section 20. Effectivity. This Decree shall take effect immediately.
the President. Done in the City of Manila, this 13th day of May in the year of Our Lord,
Section 13. Commission Procedure. All inquiries, studies, hearings, nineteen hundred and seventy-six.
investigations and proceedings conducted by the Commission shall be PRESIDENTIAL DECREE No. 1396
governed by rules adopted by the Commission, and in the conduct thereof CREATING THE DEPARTMENT OF HUMAN SETTLEMENTS AND THE HUMAN
the Commission shall not be bound by technical rules and evidence: Provided, SETTLEMENT DEVELOPMENT CORPORATION, APPROPRIATION FUNDS
That the Commission may summarily punish for contempt, by a fine not THEREFOR, AND ACCORDINGLY AMENDING CERTAIN PRESIDENTIAL DECREES.
exceeding five hundred pesos (P500.00) or upon application of the WHEREAS, man and his community require the fulfillment of the following
Commission in the appropriate contempt proceedings, by imprisonment of basic needs and requirements such as water, power, food, clothing, shelter,
not exceeding thirty (30) days or both, any person guilty of such misconduct medical services, education, sports and recreation, economic base
in the presence of the Commission or so near thereto as to seriously interrupt (livelihood), mobility and ecological balance embodied in a humanistic
any hearing or session or any proceeding before it, including cases wherein a ideology for the realization of a New Society;
person willfully fails or refuses, without just cause, to comply with a WHEREAS, it is the national policy to attain the fruits of social and economic
summons, subpoena, or subpoena duces tecum legally issued by the development in our communities within the integrative framework of human
Commission, or, being present at a hearing session or investigation, refuses settlements;
to be sworn as a witness or to answer questions when lawfully required to do WHEREAS, it is imperative that our development activities promote and
so, or to furnish information required by the Commission under this Decree. enhance a wholesome relationship between beings and their civic and
The sheriff or other police agencies of the place where the hearing or physical environment;
investigation is conducted shall, upon the request of the Commission, assist WHEREAS, while the government has already addressed the problems of rural
it to enforce the provisions of this Section. poverty and stagnation by adopting and implementing a massive countryside
development program, a proper development perspective requires equal (i) Develop and maintain in conjunction with cooperating
concern for the management of urban development; agencies a responsive and effective information system through
WHEREAS, it is necessary to organize the government's policies and programs the establishment of a data bank to support the department at
along these new areas of concern by establishing an appropriate department various levels in the planning, monitoring, execution, coordination
and delineating its relationships with the various agencies involved with its and control of its various activities, programs and/or projects;
functions; (j) Determine, fix and collect reasonable amounts to be charged
WHEREAS, it is also national policy to promote innovative land development as filing fees, inspection fees and other administrative or service
and community development controls as a technology for building fees necessary for the effective implementation of all the laws,
communities and estates in new areas, or renewing communities in Presidential Decrees and other legal issuances enforced by the
depressed or blighted areas; and Department;
WHEREAS, the physical planning, development and management of new (k) Supervise all corporations placed under the Department;
communities and estates, or of old communities and blighted areas can best (l) Call on any department, bureau, office, agency or
be accomplished through the creation and operation of an adequate instrumentality of the government and private entities and
corporate arm for the new Department. organizations for cooperation and assistance in the performance
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by of its functions.
virtue of the powers vested in me by the Constitution, do hereby order and (m) Adopt rules and regulations for the transaction of its
decree the following as part of the law of the land. business; and
Section 4. Powers and Functions of the Department. The Department shall (n) Perform such other activities which are necessary for the
have the following powers and functions which it shall undertake by itself or effective performance of the abovementioned functions and
through the corporations, commissions and authorities which are placed objectives.
under its supervision. Section 14. Corporations, Authorities and Agencies Under the Supervision of
(a) Promulgate national standards and guidelines for human the Department. The following corporations, authorities and agencies are
settlements which shall govern land use plans and zoning hereby placed under the supervision of the Department and their respective
ordinances of local governments, civil works and infrastructure charters are correspondingly amended to the extent that the pertinent
programs and projects of the National Government, and provisions thereof are inconsistent with the provisions of this Decree. The
subdivisions or estate development projects of both the public and specific amendments to be affected in the respective charters of the affected
private sectors; corporations and authorities shall be provided for in the Letters of
(b) Promulgate national standards and guidelines for Implementation to be issued by the President to implement this Decree,
environmental management relative to air quality, water quality, which legal issuance shall form part of this Decree.
land use and waste management which shall govern development (a) National Housing Authority
programs and projects and other activities in settled communities, (b) National Home Mortgage Finance Corporation
urban or rural, as well as in those areas immediately contiguous (c) Home Financing Commission
thereto and develop an environmental impact assessment system (d) National Housing Corporation
for the operationalization of said standards and guidelines; (e) Technology Resource Center
(c) In coordination with appropriate agencies, effect a single (f) National Environmental Protection Council
regulatory system relative to subdivision, zoning (including (g) National Pollution Control Commission
architectural design), building, fire and related regulations; (h) Human Settlements Commission
(d) Prepare and submit to the Board of the National Economic The president shall, in the light of the provision of Section 2 of this Decree
and Development Authority a National multi-year Human and, whenever necessary in order to maintain the odd number in the
Settlements Plan which shall translate the Philippine Development membership of the governing boards of the above corporations and
Plan into spatial and temporal terms, based on the locational commissions, appoint an additional member each to the said Boards. In the
distribution of national resource endowments (including energy), case of the Human Settlements Commission, in addition to the
population, climate, and production capacity; Undersecretary of Energy who shall be made an ex-officio member, a Deputy
(e) Formulate plans and programs and implement, either on its Chairman shall be appointed by the President.
own initiative and operational responsibility or through the Section 18. Conversion of the Human Settlements Commission. The Human
agencies or corporations placed under its supervision, projects for; Settlements Commission established pursuant to Presidential Decree No. 933
i. Urban renewal and development, including but not is hereby renamed as the Human Settlements Regulatory Commission and
limited to the construction and management of social shall accordingly be the regulatory arm of the Department.
and economic housing EXECUTIVE ORDER NO. 648 February 7, 1981
ii. Estate or New Town development within sites REORGANIZING THE HUMAN SETTLEMENTS REGULATORY COMMISSION
designated by the Office of the President as Bagong WHEREAS, it is the national policy to promote innovative land development
Lipunan sites. and land use control measures as a technology for building communities;
iii. Land assembly and real property management WHEREAS, it is necessary to provide full support to the government's policies
iv. Development and installation on a community and programs on Human Settlements through effective land use and
scale of waste management systems and so appropriate development control measures by strengthening the regulatory arm of the
technologies. Ministry of Human Settlements;
(f) Promulgate appropriate rules and regulations which shall WHEREAS, under Presidential Decree No. 1416, the President is empowered
have regulatory force for the enforcement of its standards and to undertake such organizational and related improvements as may be
guidelines; appropriate in the Light of Changing Circumstances and New Developments.
(g) Enter into contracts, either domestic or foreign, under such NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
terms and conditions as it may deem necessary and reasonable; virtue of the powers vested in me by the Constitution and the Authority
(h) Receive, take and hold by bequest, devise, gift, purchase or vested in me by the Presidential Decree No. 1416, do hereby order and
lease, either absolutely or in trust for any of its purposes from ordain:
foreign and domestic sources, any asset, grant or property, real or ART. I. TITLE
personal, subject to such limitations as are provided in existing Sec. 1. Title. This shall be known as the Chapter of the Human Settlements
laws and regulations; and to convey such assets, grants or Regulatory Commission.
property; invest and reinvest the same under this provision and ART. II. DECLARATION OF POLICIES
deal with an expand its assets and income in such manner as will
best promote its public welfare objectives;
Sec. 2. Declaration of Policies and Objectives. It is hereby declared to be the f) Act as the appellate body on decisions and actions of local and regional
policy of the state to implement an integrated program of land use control planning and zoning bodies and of the deputized officials of the Commission,
for the entire country in accordance with the following objectives: on matters arising from the performance of these functions.
a. To foster the growth and renewal of our Urban and Rural communities in g) Promote, encourage, coordinate and assist private enterprises and
an integrative manner that promotes optimum land use, adequate shelter, government agencies and instrumentalities in planning, developing and
and environmental protection/all these/towards the development of man as coordinating human settlements plans and programs by furnishing legal,
a total human being. technical and professional assistance.
b. To bring about the optimum use of land as a national resource for public h) Develop and implement prototype projects supportive of its regulatory
welfare rather than as a commodity of trade subject to price speculation and functions either by itself or as part of an inter-agency group or by contract
indiscriminate use. with such appropriate public or private entities as it may deem proper.
c. To enforce, implement, coordinate, streamline, improve and optimize land i) Call on any government employee or any department, bureau, office,
use policies and regulations on human settlements, including the agency or instrumentality of the government or private entities and
implementation and enforcement of the regulatory aspect of the Urban Land organizations for cooperation and assistance in the exercise of its functions.
Reform Program, the Subdivision and Condominium Buyer's Protective j) Adopt rules of procedures for the conduct of its business.
Decree, Land Value and Building Rental regulations and other related laws. k) Staff its organization with appropriate and qualified personnel in
ART. III. DEFINITIONS accordance with that is deemed proper or necessary to achieve the objectives
Sec. 3. Definitions. For the purpose of this Order and the rules and regulations of the Commission.
promulgated thereunder, the terms of words used herein shall, unless the l) Make or enter into contracts of any kind of nature to enable it to discharge
context indicates otherwise, mean or be understood to mean as follows: its functions under this Order.
a) "Commission" means the Human Settlements Regulatory Commission. m) Acquire, purchase, own, lease, mortgage, sell or otherwise dispose of any
b) "Commission proper" refers to the Commissioners of the Commission land, or any improvements thereon, or property of any kind, movable and
appointed by the President and its ex-officio members provided for in section immovable, exercise the right of eminent domain by expropriating the land
6 of this Order. improvements thereon, which in the opinion of the Commission, are vital and
c) "Function" includes powers and duties. necessary to develop and implement prototype projects supportive of its
ART. IV. ESTABLISHMENT, CONSTITUTION, POWERS, DUTIES regulatory functions.
Sec. 4. Creation of the Human Settlements Regulatory Commission. n) Charge and collect fees in the performance of its functions.
a) There is hereby established a Human Settlements Regulatory Commission, o) Impose administrative fine not exceeding Twenty-Thousand Pesos
hereinafter referred to as the Commission, with powers and attributes of a (P20,000.00) for any violation of its charter and of its rules and regulations.
quasi-judicial body which shall be attached to the Ministry of Human p) Issue orders after conducting the appropriate investigation for the
Settlements. cessation or closure of any use or activity and to issue orders to vacate or
Sec. 5. Powers and Duties of the Commission. demolish any building or structure that is determines to have violated or
a) Promulgate zoning and other land use control standards and guidelines failed to comply with any of the laws, presidential decrees, letters of
which shall govern land use plans and zoning ordinances of local instructions, executive orders and other presidential issuances and directives
governments; the zoning components of civil works and infrastructure being implemented by it, either on its own motion or upon complaint of any
projects of the national, regional and local governments; sub-division or interested party. lawphi1.net
estate development projects of both the public and private sectors; and q) Cite and declare any person, entity or enterprise in contempt of the
urban renewal plans, programs and projects: provided that the zoning and Commission in the following case:
other land use control standards and guidelines to be promulgated hereunder 1) Whenever any person entity or enterprise commits any disorderly or
shall respect the classification of public lands for forest purposes as certified disrespectful conduct before the Commission or in the presence of its
by the Ministry of Natural Resources. members or authorized representatives actually engaged in the exercise of
b) Review, evaluate and approve or disapprove comprehensive land use their official functions or during the conduct of any hearing or official inquiry
development plans and zoning ordinances of local government; and the by the said Commission, at the place or near the premises where such hearing
zoning component of civil works and infrastructure projects of national, or proceeding is being conducted with obstruct, distract, interfere or in any
regional and local governments; subdivisions, condominiums or estate other way disturb, the performance of such functions or the conduct of such
development projects including industrial estates, of both the public and hearing or proceeding;
private sectors and urban renewal plans, programs and projects: Provided, 2) Whenever any person, enterprise or entity fails or refuses to comply with
that the land use Development Plans and Zoning Ordinances of Local or obey without justifiable reason, any lawful order, decision, writ or process
Governments herein subject to review, evaluation and approval of the of the Commission. In connection therewith, it may in cases falling within the
commission shall respect the classification of public lands for forest purposes first paragraph hereof, summarily impose a fine of an amount not exceeding
as certified by the Ministry of Natural Resources: Provided, further, that the P2,000.00 and order the confinement of the violator for a period that shall
classification of specific alienable and disposable lands by the Bureau of Lands not exceed the duration of the hearing or proceeding or the performance of
shall be in accordance with the relevant zoning ordinance of Local such functions, and in cases falling within the second paragraph, hereof, it
government where it exists: and provided, finally, that in cities and may, in addition to the administrative fine abovementioned, impose a fine of
municipalities where there are as yet no zoning ordinances, the Bureau of P500.00 for each day that the violation or failure or refusal to comply
Lands may dispose of specific alienable and disposable lands in accordance continues, and order the confinement of the offender until the order or
with its own classification scheme subject to the condition that the decision shall have been complied with;
classification of these lands may be subsequently change by the local In case the offender is a partnership, corporation or association or enterprise,
governments in accordance with their particular zoning ordinances which the above fine shall be imposed on the assets of such entity and the president,
may be promulgated later. managing partner or chief executive officer shall be ordered confined.
c) Issue rules and regulations to enforce the land use policies and human r) Perform such other functions and activities which are necessary for the
settlements as provided for in Presidential Decrees No. 399, 815, 933, 957, effective accomplishment of the abovementioned functions.
1216, 1344, 1396, 1517, Letter of Instructions No. 713, 729, 833, 935 and No injunction or restraining order shall lie against the Commission upon the
other related laws regulating the use of land including the regulatory aspects ex parte motion or petition filed by any person or entity in the exercise by the
of the Urban Land Reform Act and all decrees relating to regulation of the Commission of its regulatory functions in support of the implementation of
value of land and improvements, and their rental. the Urban Land Reform Program as declared in Proclamation Nos. 1893 and
d) Ensure compliance with policies, plans, standards and guidelines on human 1967 and of other programs or projects as may be declared by the president
settlements promulgated in paragraph (a) of this section. as national priority. lawphi1.net
e) Conduct public hearings relating to its functions.
Decisions of the Commission shall be appealable to the President of the j) To exercise such other duties and responsibilities as may be vested in or
Philippines whose decision shall be final subject only to review by the assigned to him by the Commission Proper.
Supreme Court by certiorari or on questions of law. Decisions of the Chief Executive Officer shall be appealable to the Commission
Sec. 6. Commission Proper. Proper.
a) Composition The Chief Executive Officer may delegate any of his administrative
The powers of the Commission shall be vested in a nine-man commission responsibilities to other officials or employees of the Commission subject to
hereinafter referred to as the Commission Proper which shall consist of the the approval of the Commission Proper.
following members: ART. VII. GENERAL PROVISIONS
(i) The Minister of Human Settlements or in his absence the Deputy Minister, Sec. 8. Transfer of Functions. The regulatory functions of the National Housing
who shall act as Chairman. Authority pursuant to Presidential Decrees No. 957, 1216, 1344 and other
(ii) Four full-time Commissioners to be appointed by the President, one as the related laws are hereby transferred to the Commission, together with such
chief executive officer, and three who shall be assigned specific functions by applicable personnel, appropriation, records, equipment and property
the Commission Proper; necessary for the enforcement and implementation of such functions. Among
(iii) The Deputy Minister of Justice; these regulatory functions are: 1) Regulation of the real estate trade and
(iv) The Deputy Director-General of the National Economic & Development business; 2) Registration of subdivision lots and condominium projects; (3)
Authority; Issuance of license to sell subdivision lots and condominium units in the
(v) The Deputy Minister of Local Government and Community Development; registered units; (4) Approval of performance bond and the suspension of
and license to sell; (5) Registration of dealers, brokers and salesman engaged in
(vi) The Deputy Minister of Public Works, as members. the business of selling subdivision lots or condominium units; (6) Revocation
The four full-time Commissioners and the Deputy Minister of Justice are of registration of dealers, brokers and salesmen; (7) Approval or mortgage on
hereby constituted as the Executive Committee of the Commission, and said any subdivision lot or condominium unit made by the owner of developer; (8)
committee shall act for and in behalf of the Commission Proper subject to the Granting of permits for the alteration of plans and the extension of period for
ratification of the latter. completion of subdivision or condominium projects; (9) Approval of the
Where a Ministry has more than one Deputy Minister. The Minister shall conversion to other purposes of roads and open spaces found within the
designate which Deputy Minister shall be a member of the Commission. project which have been donated to the city or municipality concerned; (10)
The Commission Proper shall maintain its secretary who shall be a lawyer, to Regulation of the relationship between lessors and lessees; and (11) Hear and
be appointed by the Chairman upon recommendation of the chief executive decide cases on unsound real estate business practices; claims involving
officer. He shall have the same rank, salary and privileges as the directors of refund filed against project owners, developers, dealers, brokers or salesmen
the Commission. and cases of specific performance.
(b) Qualification and Tenure Sec. 9. Income. Authority is hereby vested on the Commission to directly
Three of the full-time Commissioners shall be lawyers, while the other full- utilize income generated from fees, fines, charges and other collections in the
time Commissioner shall have a background or experience in planning, performance of its functions to defray operating expenses and provide
management or architecture or related fields. These Commissioners shall at allowances for its personnel.
least have been engaged in the practice of their respective professions or Sec. 10. Professional and Technical Personnel. The professional and technical
specialization or employed in an appropriate office for a period at least five personnel of the Commission shall be exempt from the wage and position
(5) years. All the full-time Commissioners shall be appointed by the President classification of the Office of Compensation and Position Classification.
for a term of six years each: Provided, however, that in the initial Sec. 11. Administrative Fines. The Commission may prescribe and impose
appointments, the chief executive officer shall have a term of six years, while fines not exceeding ten thousand pesos for violations of the provisions of this
the three others shall have terms of five years, four years and two years executive order or of any rule or regulations thereunder. Fines shall be
respectively, as fixed in their respective appointments. payable to the Commission and enforceable through writs of execution in
c) Salary and Privileges accordance with the provisions of the rules of court. This fines shall be in
The full-time Commissioners shall receive such salary and enjoy the privileges addition to such other administrative sanctions as the Commission may
in accordance with existing laws. The ex-officio Commissioners shall be impose.
entitled to receive such honoraria and per diems as may be determined by Sec. 12. Penalties. Any person who shall violate any of the provisions of this
the Commission Proper in accordance with existing laws and regulations. executive order and/or any rule or regulation that may be issued pursuant to
Sec. 7. Duties and Responsibilities of the Chief Executive Officer. The Chief this decree shall, upon conviction by the appropriate court, be punished by a
Executive Officer shall have the following duties and responsibilities. fine of not more than twenty thousand (P20,000.00) pesos and/or
a) To execute and/or administer the policies and measures approved by the imprisonment of prision correccional: Provided, that in the case of
Commission Proper. corporations, partnership, cooperatives or associations, the president,
b) To appoint and maintain an adequate technical, legal and administrative manager or administrator or the person who has charge of the administration
staff; subject to the approval of the Commission Proper after the initial of the business shall be criminally responsible for any violation of this decree
organization of the Commission. The Commission Proper may delegate this and/or the rules and regulations promulgated pursuant thereto.
appointing power to the Chief Executive Officer. Sec. 13. Repealing Clause. The provisions of Presidential Decree No. 933, P.D.
c) To direct, manage and supervise the day-to-day operations and internal No. 757 and P.D. No. 957 and all other laws, Presidential Decrees, Letter of
administration of the Commission in accordance with the policies laid down Implementation and Executive Order inconsistent herewith are hereby
by the Commission Proper. repealed or modified accordingly.
d) To establish the internal organization of the Commission subject to the Sec. 14. Separability Clause. In case this Order or any part thereof is found to
approval of the Commission Proper. be unconstitutional or invalid for any reason the remainder thereof not
e) To prepare the agenda for the meetings of the commission proper. affected by declaration of invalidity shall remain in force and in effect.
f) To submit, for the consideration of the Commission Proper the policies and Sec. 15. Effectivity. This Executive Order shall take effect
measures which he believes necessary to carry out the purposes and immediately. lawphi1.net
provisions of this order. Done in the City of Manila, this 7th day of February, in the year of Our Lord,
g) To enter into contracts or agreements pursuant to policies or guidelines set nineteen hundred and eighty one.
by the Commission. EXECUTIVE ORDER NO. 407 June 14, 1990
h) To represent the Commission in all dealing with other offices, agencies, and ACCELERATING THE ACQUISITION AND DISTRIBUTION OF AGRICULTURAL
instrumentalities of the government, persons and entities, public or private, LANDS, PASTURE LANDS, FISHPONDS, AGRO-FORESTRY LANDS AND OTHER
domestic, foreign or international, unless the chairman provides otherwise; LANDS OF THE PUBLIC DOMAIN SUITABLE FOR AGRICULTURE
i) To represent the Commission, either personally or through counsel, in any WHEREAS, Proclamation No. 131, S. of 1987, has instituted the
legal proceedings or actions; Comprehensive Agrarian Reform Program to develop the full potential of
Philippine agriculture that will result in increased productivity and better instrumentalities which may opt for an alternative payment scheme, the
income for agrarian reform beneficiaries, and Executive Order No. 229, S. of Department of Agrarian Reform shall cause the issuance of the Credit Memo
1987, has provided for the mechanisms for the implementation thereof; Advise from the Bureau of Treasury for such sale.
WHEREAS, Republic Act No. 6657 has declared it a policy of the State to Thirty (30) days after effectivity of this Executive Order, the Department of
pursue the Comprehensive Agrarian Reform Program in order that the Finance and the Department of Budget and Management in consultation with
welfare of landless farmworkers will receive highest consideration and that the Department of Agrarian Reform shall establish guidelines for the issuance
the nation can move towards sound rural development and industrialization; of the Credit Memo Advice System. This System shall be applicable as a
WHEREAS, Section 7 of Republic Act No. 6657 mandates, among others, that payment scheme to government instrumentalities which are mandated to
all lands foreclosed by government financial institutions, all lands acquired by turn over the proceeds from the sale of their agricultural lands to the Agrarian
the Presidential Commission on Good Government, and all other lands owned Reform Fund pursuant to Section 63 of Republic Act No. 6657.
by the government devoted to or suitable for agriculture, shall be acquired Sixty (60) days after the effectivity of this Executive Order, the Land
and distributed immediately upon the effectivity of the said Act and with Registration Authority shall submit to the Department of Agrarian Reform
implementation to be completed within a period of not more than four (4) certified copies of all the certificates of titles under the name of the
years therefrom; government instrumentality and the approved survey plans including the
WHEREAS, the government has in it inventory lands suitable for agriculture respective technical descriptions of each title.
which may be immediately placed under the Comprehensive Agrarian Reform Sec. 2. The Departments of Agriculture, and Environment and Natural
program as the titles thereof have been foreclosed and the prescriptive Resources are hereby authorized and directed to cancel all lease agreements
redemption periods have already lapsed; covering fishponds, pasture, agro-forestry lands and other lands of the public
WHEREAS, the Departments of Agriculture, and Environment and Natural domain suitable to agriculture which have remained undeveloped within
Resources are authorized by law to act on the disposition of leases covering three (3) years from the date of the effectivity of the lease contract and
lands of the public domain, i.e., agro-forestry lease agreements, pasture lease underutilized or abandoned or in cases where the terms and conditions
agreements and fishpond lease agreements; embodied therein have been violated, taking into consideration the
WHEREAS, Executive Order No. 360, S. of 1989, enjoins all government requirements of due process.
financial institutions and government-owned or controlled corporations to Sec. 3. The Departments of Agriculture and Environment and Natural
grant the Department of Agrarian Reform the right of first refusal in the sale Resources, in coordination with the Department of Agrarian Reform, shall
or disposition of all lands owned by them which are suitable for agriculture; redistribute and award fishponds, pasture lands and other lands of the public
WHEREAS, the implementation of the Comprehensive Agrarian Reform domain suitable for agriculture subject of cancelled or amended lease
Program particularly its land acquisition and distribution to qualified farmer- agreement to qualified agrarian reform beneficiaries identified by the
beneficiaries must be accelerated so that its fruits could be enjoyed by its Department of Agrarian Reform pursuant to Sections 15 and 22 of Republic
beneficiaries at the soonest possible time; Act No. 6657.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by Sec. 4. All concerned agencies shall issue the necessary directives and
virtue of the powers vested in me by law, do hereby order: guidelines to all their national, regional, provincial and municipal officials to
Sec. 1. All Government instrumentalities including but not limited to ensure the implementation of this Executive Order.
government agencies, government-owned and controlled corporations or Sec. 5. This Executive Order shall take effect immediately.
financial institutions such as the Development Bank of the Philippines, DONE in the City of Manila this 14th day of June, in the year of Our Lord,
Philippine National Bank, Republic Planters Bank, Asset Privatization Trust, nineteen hundred and ninety. lawphi1.net
Presidential Commission on Good Government, Department of Agriculture, Executive Order No. 448, s. 1991
State Colleges and Universities, Department of National Defense, shall Signed on February 14, 1991
immediately execute Deeds of Transfer in favor of the Republic of the MALACAÑANG
Philippines as represented by the Department of Agrarian Reform and MANILA
surrender to the latter department all landholdings, suitable for agriculture BY THE PRESIDENT OF THE PHILIPPINES
including all pertinent ownership documents in their custody, such as the EXECUTIVE ORDER NO. 448
owner's duplicate copy of the certificates of title, tax declarations and other AMENDING EXECUTIVE ORDER NO. 407, SERIES OF 1990, ENTITLED
documents necessary to effect the transfer of ownership. This Executive “ACCELERATING THE ACQUISITION AND DISTRIBUTION OF AGRICULTURAL
Order shall likewise apply to ownership of the following assets, as determined LANDS, PASTURE LANDS, FISHPONDS, AGRO-FORESTRY LANDS AND OTHER
by the Department of Agrarian Reform in close coordination with the LANDS OF THE PUBLIC DOMAIN SUITABLE FOR AGRICULTURE”
concerned government agency: WHEREAS, Executive Order No. 407, series of 1990, directs, among others, all
a. Improvements, e.g., irrigation systems, roads and bridges; government agencies and instrumentalities, including government-owned or
b. Agriculture processing machineries, e.g., post-harvest facilities; controlled corporations to transfer ownership of all lands suitable for
c. Buildings and other physical structures, warehouses, administration agriculture to the Department of Agrarian Reform for distribution under the
buildings, employees' housing facilities; Comprehensive Agrarian Reform Program;
d. Others, such as trucks and tractors, tools and agricultural supplies. WHEREAS, to further accelerate the acquisition and distribution of all lands of
In the case of lands suitable to agriculture with pending adjudication on their the public domain suitable for agriculture, it is necessary to include within the
ownership in court, the respective government instrumentalities shall, when coverage of Executive Order No. 407, Series of 1990, all government
legally feasible, immediately transfer and cede the physical possession and reservations or portions thereof which are suitable for agriculture and no
control of the same to the Department of Agrarian Reform for its subsequent longer needed for the purposes of which the reservations are established;
transfer to the qualified beneficiaries. NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
Pending valuation of the property, the Department of Agrarian Reform shall virtue of the powers vested in me by law, do hereby order:
immediately commence the necessary activities for distribution to qualified SECTION 1. Executive Order No. 407 is hereby amended by adding a new
beneficiaries upon receipt of the documents aforementioned, or issue the section to read as follows:
notice of allocation to qualified beneficiaries to give them usufructuary “Sec. 1-A. All lands or portions thereof reserved by virtue of Presidential
control over the land in the event ownership can not as yet be transferred to Proclamations for specific public uses by the government, its agencies and
them. instrumentalities, including government-owned or controlled corporations
Thirty (30) days from the registration of the ownership documents by the suitable for agriculture and no longer actually, directly and exclusively used
Register of Deeds in favor of the Department of Agrarian Reform, the Land or necessary for the purposes for which they have been reserved, as
Bank of the Philippines, pursuant to the rules approved by the Presidential determined by the Department of Agrarian Reform in coordination with the
Agrarian Reform Council, shall pay the government instrumentality the value government agency or instrumentality concerned in whose favor the
of the land. In the case of the lands under the Asset Privatization Trust, reservation was established, shall be segregated from the reservation and
Presidential Commission on Good Government and other government
transferred to the Department of Agrarian Reform for distribution to qualified By the President:
beneficiaries under the Comprehensive Agrarian Reform Program.” (Sgd.) ANTONIO T. CARPIO
SEC. 2. All proclamations establishing such reservations and falling within the Chief Presidential Legal Counsel
coverage of this Executive Order are hereby revoked, amended or modified Proclamation No. 742, s. 1996
accordingly. Signed on February 16, 1996
SEC. 3. This Executive Order shall take effect immediately. MALACAÑANG
Done in the City of Manila, this 14th day of February, 1991 in the year of Our Manila
Lord, nineteen hundred and ninety-one. BY THE PRESIDENT OF THE PHILIPPINES
(Sgd.) CORAZON C. AQUINO PROCLAMATION NO. 742
President of the Philippines AMENDING PROCLAMATION NO. 166 DATED 21 JUNE 1955 ENTITLED
By the President: “RESERVING FOR SETTLEMENT PURPOSES UNDER THE ADMINISTRATION AND
(Sgd.) OSCAR M. ORBOS DISPOSITION OF THE NATIONAL RESETTLEMENT AND REHABILITATION
Executive Secretary ADMINISTRATION (NARRA), A CERTAIN PARCEL OF THE PUBLIC DOMAIN
Memorandum Order No. 107, s. 1993 SITUATED IN THE MUNICIPALITIES OF STA. INES, SAN LUIS, PROSPERIDAD,
Signed on March 23, 1993 TALACOGON, BORBON AND GUADALUPE, PROVINCE OF AGUSAN, ISLAND OF
MALACAÑANG MINDANAO,” BY INCLUDING CERTAIN PARCELS OF PUBLIC LAND LOCATED IN
MANILA THE MUNICIPALITY OF SAN LUIS, AGUSAN DEL SUR FOR SETTLEMENT
MEMORANDUM ORDER NO. 107 EXPANSION AND DEVELOPMENT PURPOSES UNDER THE ADMINISTRATION
CLARIFYING MEMORANDUM ORDER NO. 17 DATED 17 JUNE 1986 BY AND DISPOSITION BY THE DEPARTMENT OF AGRARIAN REFORM
PRESCRIBING ADMINISTRATIVE GUIDELINES ON THE STATUS OF AREAS Upon recommendation of the Secretary of Environment and Natural
SUBJECT OF PROCLAMATION NO. 2282 ISSUED ON 29 MARCH 1983 Resources and the Secretary of Agrarian Reform and by virtue of the powers
WHEREAS, Proclamation No. 2282 issued on 29 March 1983 reclassified vested in me by law, I, FIDEL V. RAMOS, President of the Republic of the
certain portions of the public domain as agricultural land and declared the Philippines, do hereby amend Proclamation No. 166 dated 21 June 1955
same as alienable and disposable for agricultural and resettlement purpose which reserved for settlement purposes under the administration and
of the Kilusang Kabuhayan at Kaunlaran (now the National Livelihood Support disposition of the National Resettlement and Rehabilitation Administration
Fund); (NARRA), a certain parcel of land of the public domain situated in the
WHEREAS, portions of the land covered by Proclamation No. 2282 were municipalities of Sta. Ines, San Luis, Prosperidad, Talacogon, Borbon and
already previously reclassified by the then Bureau of Forestry as alienable and Guadalupe, Province of Agusan, Island of Mindanao, by including certain
disposable lands; parcels of land of the public domain located in San Luis, Province of Agusan
WHEREAS, Memorandum Order No. 17 of 1986 revoked Proclamation No. del Sur, for settlement expansion and development under the administration
2282, failing to provide administrative guidelines on, among others, the status of the Department of Agrarian Reform, subject to private rights, if any there
of (a) the area previously reclassified by the Bureau of Forestry, and (b) other be, which parcels of land are more particularly described as follows:
areas actually devoted to agricultural uses relying on the effect of Lot 1, Swo-10-000293 (AR)
Proclamation 2282; A parcel of land (Lot 1) situated in the Barangays of New Poblacion and Sta.
WHEREAS, the public has recognized the effect of Proclamation No. 2282 and Ines, Municipality of San Luis, Province of Agusan del Sur. Bounded on the N.,
pursuant thereto, the area covered therein are actually being utilized as along lines 8-1-2 by Lot 5, Swo-10-000293 (AR); on the NES and SE., along
agricultural lands; lines 2-3-4-5-6 by Lot 2, Swo-10-000293 (AR), and on the SW., along lines 6-
WHEREAS, this administration recognizes agrarian reform as a demonstration 7-8 by Agusan River.
of the empowerment of the people; Beginning at point marked “1” on the plan being S., 18º 48′ E., 8,813.54 m.
WHEREAS, Republic Act No. 6657 mandates that all lands of the public domain from BLLM No. 1, Pls-443, thence:
suitable for agriculture shall be covered by the Comprehensive Agrarian N. 83º 24′ E., 395.
Reform Law; S. 06º 56′ W., 109.
WHEREAS, Executive Order No. 407 of 1990 mandates the acceleration of the
S. 70º 13′ E., 127.
acquisition and disposition by the Department of Agrarian Reform of
S. 30º 21′ E., 1,10
government-owned lands devoted to or suitable for agriculture.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the S. 32º 19′ W., 532.
Philippines, by virtue of the powers vested upon me by the Constitution and S. 70º 19′ W., 201.
existing laws, hereby order that: N. 38º 25′ W., 1,92
Section 1. All lands covered by Proclamation No. 2282 which were reclassified N. 83º 10′ E., 614.
as alienable and disposable agricultural lands prior to 29 March 1983 and beginning, containing an area of 129.7842 hectares, more or less.
used or administered by the KKK-NLSF as agricultural lands shall remain Lot 2, Swo-10-000293 (AR)
alienable and disposable agricultural lands. A parcel of land (Lot 2) situated in the Barangays of New Poblacion and Sta.
Section 2. All lands actually classified as agricultural land prior to the Ines, Municipality of San Luis, Province of Agusan del Sur. Bounded on the
effectivity of Proclamation No. 2282 and used or administered by the KKK- SW., along lines 49-1-2 by Lot 3, Swo-10-000293 (AR); on the SW., along lines
NLSF as agricultural land shall be turned over to the Department of Agrarian 2-3-4-5-6-7-8-9-10-11 by Agusan River; on the SW., along lines 11-12-13-14-
Reform for disposition to farmer-beneficiaries in accordance with Executive 15 by Lot 1, Swo-10-000293 (AR); on the NW., along lines 15-16-17-18-19-20-
Order No. 407. 21-22 by Lot 5, Swo 10-000293 (AR); on the NE., along lines 22-23-24-25-26-
Section 3. The Department of Agrarian Reform and the Department of 27-28-29-30-31-32-33-34-35 by Timber Land LC Map No. 2158, Project 19-D;
Environment and Natural Resources shall jointly determine which areas were on the NE., along lines 35-36-37-38-39 by Inabumcayan Creek; and on the SE.,
reclassified as alienable and disposable agricultural land previous to the along lines 39-40-41-42-43-44-45-46-47-48-49 by Agusan River.
effectivity of Proclamation No. 2282 for disposition by the Department of Beginning at a point marked “1” on the plan being S. 23º 20′ E., 12,351.44 m.
Agrarian Reform. from BLLM No. 1, Pls-443, thence:
Section 4. All Executive Orders, Proclamations, and issuances inconsistent Xxx
herewith are hereby repealed or amended accordingly. beginning, containing an area of 462.0411 hectares, more or less.
Section 5. This Memorandum Order shall take effect immediately. Lot 3, Swo-10-000293
DONE in the City of Manila, this 23rd day of March in the year of Our Lord, A parcel of land (Lot 3) situated in the Barangays of New Poblacion and Sta.
Nineteen Hundred and Ninety-Three. Ines, Municipality of San Luis, Province of Agusan del Sur. Bounded on the
(Sgd.) FIDEL V. RAMOS
NE., along lines 8-1-2 by Lot 2, Swo-10-000293 (AR); on the SE. and SW., along war, force majeure or displacement by force, deceit, stealth or as a
lines 2-3-4-5-6-7-8 by Agusan River. consequence of government projects or any other voluntary dealings entered
Beginning at a point marked “1” on the plan being S. 23º 20′ E., 12,331.44 m. into by government and private individuals/corporations, and which are
from BLLM No. 1, Pls-443, thence; necessary to ensure their economic, social and cultural welfare. It shall
Xxx include ancestral lands, forests, pasture, residential, agricultural, and other
beginning, containing an area of 16.4600 hectares, more or less. lands individually owned whether alienable and disposable or otherwise,
Lot 4, Swo-10-000293 (AR) hunting grounds, burial grounds, worship areas, bodies of water, mineral and
A parcel of land (Lot 4) situated in the Barangays of New Poblacion and Sta. other natural resources, and lands which may no longer be exclusively
Ines, Municipality of San Luis, Province of Agusan del Sur. Bounded on the NE. occupied by ICCs/IPs but from which they traditionally had access to for their
and SE., along lines 24-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19- subsistence and traditional activities, particularly the home ranges of ICCs/IPs
20-21 by portion of Lot 5, Swo-10-000293 (AR); and on the SW., along lines who are still nomadic and/or shifting cultivators;
21-22-23-24 by Agusan River. b) Ancestral Lands — Subject to Section 56 hereof, refers to land
Beginning at a point marked “1” on the plan being S. 13 º 36′ E., 6,432.35 m. occupied, possessed and utilized by individuals, families and clans who are
from BLLM No. 1, Pls-443, thence: members of the ICCs/IPs since time immemorial, by themselves or through
Xxx their predecessors-in-interest, under claims of individual or traditional group
beginning, containing an area of 11.3834 hectares, more or less. ownership, continuously, to the present except when interrupted by war,
Lots 5, Swo-10-000293 (AR) force majeure or displacement by force, deceit, stealth, or as a consequence
A parcel of land (Lot 5) situated in the Barangays of New Poblacion and Sta. of government projects and other voluntary dealings entered into by
Ines, Municipality of San Luis, Province of Agusan del Sur. Bounded on the government and private individuals/corporations, including, but not limited
SW., along line 1-2 by Lot 4, Swo-10-000293 (AR); on the SW., along lines 2- to, residential lots, rice terraces or paddies, private forests, swidden farms
3-4-5-6-7-8-9 by Agusan River; on the NE., along line 9-30 by Timber Land, LC and tree lots;
Map No. 2158, Project 19-D; on the SE., along lines 30-37 by Lot 2, Swo-10- SECTION 56. Existing Property Rights Regimes. — Property rights within
000293 (AR); on the S., along lines 37-38-39 by Lot 1, Swo-10-000293 (AR); the ancestral domains already existing and/or vested upon effectivity of this
on the SW., along lines 39-43 by Agusan River and on the SW., along lines 43- Act, shall be recognized and respected.
62-1 by Lot 4, Swo-10-000293 (AR). RA 6657 SECTION 6
Beginning at a point marked “1” on the plan being S. 13º 36′ E., 6,432.35 m. SECTION 6. Retention Limits. — Except as otherwise provided in this Act, no
from BLLM No. 1, Pls-443, thence: person may own or retain, directly or indirectly, any public or
Xxx private agricultural land, the size of which shall vary according to factors
beginning, containing an area of 554.3897 hectares, more or less. governing a viable family-size farm, such as commodity produced, terrain,
The parcels of land reserved herein contains an aggregate area of 1,174.5973 infrastructure, and soil fertility as determined by the Presidential Agrarian
hectares, more or less. Reform Council (PARC) created hereunder, but in no case shall retention by
The area covered by this Proclamation is subject to final survey and the landowner exceed five (5) hectares.
delineation on the ground. Three (3) hectares may be awarded to each child of the landowner, subject
All areas within the resettlement project covered by public land applications, to the following qualifications: (1) that he is at least fifteen (15) years of age;
as well as those which could be covered by such applications, when the and (2) that he is actually tilling the land or directly managing the farm:
requirements could be complied with by the lawful claimants shall continue Provided, That landowners whose lands have been covered by Presidential
to be processed by the Department of Environment and Natural Resources Decree No. 27 shall be allowed to keep the areas originally retained by them
pursuant to existing laws, rules and regulations. thereunder: Provided, further, That original homestead grantees or their
All activities related to natural resources including timber utilization within direct compulsory heirs who still own the original homestead at the time of
the resettlement project shall be processed by the Department of the approval of this Act shall retain the same areas as long as they continue
Environment and Natural Resources in accordance with existing laws, rules to cultivate said homestead.
and regulations. The right to choose the area to be retained, which shall be compact
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of or contiguous, shall pertain to the landowner: Provided, however, That in
the Republic of the Philippines to be affixed. case the area selected for retention by the landowner is tenanted, the tenant
DONE in the City of Manila, this 16th day of February in the year of Our Lord, shall have the option to choose whether to remain therein or be a beneficiary
Nineteen Hundred and Ninety-Six. in the same or another agricultural land with similar or comparable features.
(Sgd.) FIDEL V. RAMOS In case the tenant chooses to remain in the retained area, he shall be
By the President: considered a leaseholder and shall lose his right to be a beneficiary under this
(Sgd.) RUBEN D. TORRES Act. In case the tenant chooses to be a beneficiary in another agricultural
Executive Secretary land, he loses his right as a leaseholder to the land retained by the landowner.
RA 6657, SECTION 9 The tenant must exercise this option within a period of one (1) year from the
SECTION 9. Ancestral Lands. —For purposes of this Act, ancestral lands of time the landowner manifests his choice of the area for retention. In all cases,
each indigenous cultural community shall include, but not be limited to, lands the security of tenure of the farmers or farmworkers on the land prior to the
in the actual, continuous and open possession and occupation of the approval of this Act shall be respected.
community and its members: Provided, That the Torrens Systems shall be Upon the effectivity of this Act, any sale, disposition, lease,
respected. The right of these communities to their ancestral lands shall be management, contract or transfer of possession of private lands executed by
protected to ensure their economic, social and cultural well-being. In line with the original landowner in violation of the Act shall be null and void: Provided,
the principles of self-determination and autonomy, the systems of land however, That those executed prior to this Act shall be valid only when
ownership, land use, and the modes of settling land disputes of all these registered with the Register of Deeds within a period of three (3) months after
communities must be recognized and the effectivity of this Act. Thereafter, all Registers of Deeds shall inform the
respected. Department of Agrarian Reform (DAR) within thirty (30) days of any
Any provision of law to the contrary notwithstanding, the PARC may transaction involving agricultural lands in excess of five (5) hectares.
suspend the implementation of this Act with respect to ancestral lands for the PD 705, SECTION 15
purpose of identifying and delineating such lands: Provided, That in the Section 15. Topography. No land of the public domain eighteen per cent
autonomous regions, the respective legislatures may enact their own laws on (18%) in slope or over shall be classified as alienable and disposable, nor any
ancestral domain subject to the provisions of the Constitution and the forest land fifty per cent (50%) in slope or over, as grazing land.
principles enunciated in this Act and other national laws. Lands eighteen per cent (18%) in slope or over which have already been
RA 8371 declared as alienable and disposable shall be reverted to the classification of
forest lands by the Department Head, to form part of the forest reserves, In as much as the old concept of land ownership by a few has spawned valid
unless they are already covered by existing titles or approved public land and legitimate grievances that gave rise to violent conflict and social tension,
application, or actually occupied openly, continuously, adversely and publicly The redress of such legitimate grievances being one of the fundamental
for a period of not less than thirty (30) years as of the effectivity of this Code, objectives of the New Society,
where the occupant is qualified for a free patent under the Public Land Act: Since Reformation must start with the emancipation of the tiller of the soil
Provided, That said lands, which are not yet part of a well-established from his bondage,
communities, shall be kept in a vegetative condition sufficient to prevent NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
erosion and adverse effects on the lowlands and streams: Provided, further, virtue of the powers vested in me by the Constitution as Commander-in-Chief
That when public interest so requires, steps shall be taken to expropriate, of all the Armed Forces of the Philippines, and pursuant to Proclamation No.
cancel defective titles, reject public land application, or eject occupants 1081, dated September 21, 1972, and General Order No. 1 dated September
thereof. 22, 1972, as amended do hereby decree and order the emancipation of all
RA 7881 tenant farmers as of this day, October 21, 1972:
SEC. 2. Section 10 of Republic Act No. 6657 is hereby amended to read as This shall apply to tenant farmers of private agricultural lands primarily
follows: devoted to rice and corn under a system of sharecrop or lease-tenancy,
“SECTION 10. Exemptions and Exclusions. whether classified as landed estate or not;
“a) Lands actually, directly and exclusively used for parks, wildlife, forest The tenant farmer, whether in land classified as landed estate or not, shall be
reserves, reforestation, fish sanctuaries and breeding grounds, watersheds deemed owner of a portion constituting a family-size farm of five (5) hectares
and mangroves shall be exempt from the coverage of this Act. if not irrigated and three (3) hectares if irrigated;
“b) Private lands actually, directly and exclusively used for prawn farms and In all cases, the landowner may retain an area of not more than seven (7)
fishponds shall be exempt from the coverage of this Act: Provided, That said hectares if such landowner is cultivating such area or will now cultivate it;
prawn farms and fishponds have not been distributed and Certificate of Land For the purpose of determining the cost of the land to be transferred to the
Ownership Award (CLOA) issued to agrarian reform beneficiaries under the tenant-farmer pursuant to this Decree, the value of the land shall be
Comprehensive Agrarian Reform Program. equivalent to two and one-half (2 1/2) times the average harvest of three
“In cases where the fishponds or prawn farms have been subjected to the normal crop years immediately preceding the promulgation of this Decree;
Comprehensive Agrarian Reform Law by voluntary offer to sell, or commercial The total cost of the land, including interest at the rate of six (6) per centum
farms deferment or notices of compulsory acquisition, a simple and absolute per annum, shall be paid by the tenant in fifteen (15) years of fifteen (15)
majority of the actual regular workers or tenants must consent to the equal annual amortizations;In case of default, the amortization due shall be
exemption within one (1) year from the effectivity of this Act When the paid by the farmers’ cooperative in which the defaulting tenant-farmer is a
workers or tenants do not agree to this exemption the fishponds or prawn member, with the cooperative having a right of recourse against him;
farms shall be distributed collectively to the worker-beneficiaries or tenants The government shall guaranty such amortizations with shares of stock in
who shall form a cooperative or association to manage the same. governmentowned and government-controlled corporations;
“In cases where the fishponds or prawn farms have not been subjected to the No title to the land owned by the tenant-farmers under this Decree shall be
Comprehensive Agrarian Reform Law the consent of the farm workers shall actually issued to a tenant-farmer unless and until the tenant-farmer has
no longer be necessary’ however, the provision of Section 32-A hereof on become a full-fledged member of a duly recognized farmer’s cooperative;
incentives shall apply.” Title to land acquired pursuant to this Decree or the Land Reform Program of
“c) Lands actually, directly and exclusively used and found to be necessary for the Government shall not be transferable except by hereditary succession or
national defense, school sites and campuses, including experimental farm to the Government in accordance with the provisions of this Decree, the Code
stations operated by public or private schools for educational purposes, seeds of Agrarian Reforms and other existing laws and regulations;
and seedlings research and pilot production center, church sites and convents The Department of Agrarian Reform through its Secretary is hereby
appurtenant thereto, mosque sites and Islamic centers appurtenant thereto, empowered to promulgate rules and regulations for the implementation of
communal burial grounds and cemeteries, penal colonies and penal farms this Decree.
actually worked by the inmates, government and private research and All laws, executive orders, decrees and rules and regulations, or parts thereof,
quarantine centers and all lands with eighteen percent (18%) slope and over, inconsistent with this Decree are hereby repealed and or modified
except those already developed, shall be exempt from the coverage of this accordingly.
Act.” Done in the City of Manila, this 21st day of October, in the year of Our Lord,
nineteen hundred and seventy-two.
RA 6657, SECTION 25
FERDINAND E. MARCOS
SECTION 25. Award Ceilings for Beneficiaries. —Beneficiaries shall
be awarded an area not exceeding three (3) hectares which may cover a PRESIDENTIAL DECREE No. 316 October 22, 1973
contiguous tract of land or several parcels of land cumulated up to the PROHIBITING THE EJECTMENT OF TENANT-TILLERS FROM THEIR
prescribed award limits. For purposes of this Act, a landless beneficiary is one FARMHOLDINGS PENDING THE PROMULGATION OF THE RULES AND
who owns less than three (3) hectares of agricultural land. The beneficiaries REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NO. 27
may opt for collective ownership, such as co-ownership or farmers WHEREAS, notwithstanding my earlier instructions that no tenant-farmer
cooperative or some other form of collective organization: Provided, That shall be ejected from the land cultivated by him, many landowners are
the total area that may be awarded shall not exceed the total number of co- ejecting or threatening to eject their tenants;
owners or member of the cooperative or collective organization multiplied WHEREAS, numerous complaints for ejectment have been filed in the Courts
by the award limit above prescribed, except in meritorious cases as by landowners against their tenants and orders have been issued enjoining or
determined by the PARC. Title to the property shall be issued in the name of restraining the latter from entering and cultivating their farmholdings or
the co-owners or the cooperative or collective organization as the case may impounding their harvest; and likewise, numerous criminal cases have been
be. filed by landowners against tenant-tillers which arise from the possession and
cultivation of farmholdings and other agrarian causes, as a result of which
DAR AO NO. 07 (2011) SECTION 2 (J)
tenant-farmers have been arrested and detained;
Section 2. (J)
WHEREAS, the aforementioned acts have resulted in strained relations
Landless Beneficiary is any farmer/tiller who owns less than three hectares of
between landowners and tenant-farmers or tillers of the soil which threaten
agricultural land.
to disturb the peace and order conditions in the rural areas;
PRESIDENTIAL DECREE No. 27 WHEREAS, these ejectment suits or other acts of harassment by landowners
DECREEING THE EMANCIPATION OF TENANTS FROM THE BONDAGE OF THE intended to eject or remove their tenants cannot be sanctioned or condoned
SOIL, TRANSFERRING TO THEM THE OWNERSHIP OF THE LAND THEY TILL AND by the Government, especially in the light of our current efforts to bring forth
PROVIDING THE INSTRUMENTS AND MECHANISM THEREFOR a New Society a Filipino society that is more compassionate and that adheres
to the basic principle of social justice;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by beneficiaries have all received three (3) hectares each, shall the remaining
virtue of the powers in me vested by the Constitution as Commander-in-Chief portion of the landholding, if any, be distributed to other beneficiaries under
of the Armed Forces of the Philippines, and pursuant to Proclamation No. Section 22, subparagraphs (c), (d), (e), (f), and (g)."
1081, dated September 21, 1972, and General Order No. 1, dated September RA 6657
22, 1972, as amended, do hereby order and decree, as part of the law of the SECTION 3. Definitions. —For the purpose of this Act, unless the context
land the following; indicates otherwise:
Section 1. No tenant-farmer in agricultural lands primarily devoted to rice and (g) Farmworker is a natural person who renders service for value as
corn shall be ejected or removed from his farmholding until such time as the an employee or laborer in an agricultural enterprise or farm regardless of
respective rights of the tenant-farmer and the landowner shall have been whether his compensation is paid on a daily, weekly, monthly or "pakyaw"
determined in accordance with the rules and regulations implementing basis. The term includes an individual whose work has ceased as a
Presidential Decree No. 27. consequence of, or in connection with, a pending agrarian dispute and who
Section 2. Unless certified by the Secretary of Agrarian Reform as a proper has not obtained a substantially equivalent and regular farm employment.
case for trial or hearing by a court or judge or other officer of competent (h) Regular Farmworker is a natural person who is employed on a permanent
jurisdiction, no judge of the Court of Agrarian Relations, Court of First basis by an agricultural enterprise or farm.
Instance, municipal or city court, or any other tribunal or fiscal shall take (i) Seasonal Farmworker is a natural person who is employed on a recurrent,
cognizance of any ejectment case or any other case designed to harass or periodic or intermittent basis by an agricultural enterprise or farm, whether
remove a tenant of an agricultural land primarily devoted to rice and corn, as a permanent or a non-permanent laborer, such as "dumaan", "sacada",
and if any such cases are filed, these cases shall first be referred to the and the like.
Secretary of Agrarian Reform or his authorized representative in the locality SECTION 22. Qualified Beneficiaries. — The lands covered by the CARP shall
for a preliminary determination of the relationship between the contending be distributed as much as possible to landless residents of the
parties. If the Secretary of Agrarian Reform finds that the case is a proper case same barangay, or in the absence thereof, landless residents of the same
for the court or judge or other hearing officer to hear, he shall so certify and municipality in the following order of priority: (a) agricultural lessees and
such court, judge or other hearing officer may assume jurisdiction over the share tenants; (b) regular farmworkers; (c) seasonal farmworkers; (d) other
dispute or controversy. farmworkers; (e) actual tillers or occupants of public lands; (f) collectives or
Section 3. In all cases, efforts shall be exerted by all government officials to cooperatives of the above beneficiaries; and (g) others directly working on
maintain the status quo in the relation between tenant-farmers and the land. Provided, however, That the children of landowners who are
landowners as already embodied in Presidential instructions. qualified under Section 6 of this Act shall be given preference in the
Section 4. All provisions of existing laws, orders, rules and regulations, or parts distribution of the land of their parents: and Provided, further, That actual
thereof, in conflict or inconsistent herewith are hereby repealed or modified tenant-tillers in the landholdings shall not be ejected or removed
accordingly. therefrom. Beneficiaries under Presidential Decree No. 27 who have culpably
Section 5. This Decree shall take effect immediately. sold, disposed of, or abandoned their land are disqualified to become
Done in the City of Manila, this 22nd day of October, in the year of Our Lord, beneficiaries under this Program. A basic qualification of a beneficiary shall
nineteen hundred and seventy-three. be his willingness, aptitude, and ability to cultivate and make the land as
RA 9700 productive as possible. The DAR shall adopt a system of monitoring the
SECTION 2. Section 3 of Republic Act No. 6657, as amended, is hereby further record or performance of each beneficiary, so that any beneficiary guilty of
amended to read as follows: "SEC. 3. Definitions. — For the purpose of this negligence or misuse of the land or any support extended to him shall forfeit
Act, unless the context indicates otherwise: "xxx xxx xxx "(f) Farmer refers to his right to continue as such beneficiary. The DAR shall submit
a natural person whose primary livelihood is cultivation of land or the periodic reports on the performance of the beneficiaries to the PARC. If, due
production of agricultural crops, livestock and/or fisheries either by to the landowner's retention rights or to the number of tenants, lessees, or
himself/herself, or primarily with the assistance of his/her immediate farm workers on the land, there is not enough land to accommodate any or some
household, whether the land is owned by him/her, or by another person of them, they may be granted ownership of other lands available for
under a leasehold or share tenancy agreement or arrangement with the distribution under this Act, at the option of the beneficiaries. Farmers
owner thereof. "xxx xxx xxx "(l) Rural women refer to women who are already in place and those not accommodated in the distribution of privately-
engaged directly or indirectly in farming and/or fishing as their source of owned lands will be given preferential rights in the distribution of lands from
livelihood, whether paid or unpaid, regular or seasonal, or in food the public domain.
preparation, managing the household, caring for the children, and other EO 228
similar activities." SECTION 2. Henceforth, the valuation of rice and corn lands covered by
SECTION 4. There shall be incorporated after Section 6 of Republic Act No. P.D. No. 27 shall be based on the average gross production determined by the
6657, as amended, new sections to read as follows: EHTISC "SEC. 6-A. Barangay Committee on Land Production in accordance with Department
Exception to Retention Limits. — Provincial, city and municipal government Memorandum Circular No. 26, Series of 1973, and related issuances and
units acquiring private agricultural lands by expropriation or other modes of regulations of the Department of Agrarian Reform. The average gross
acquisition to be used for actual, direct and exclusive public purposes, such production per hectare shall be multiplied by two and a half (2.5), the product
as roads and bridges, public markets, school sites, resettlement sites, local of which shall be multiplied by Thirty Five Pesos (P35.00), the government
government facilities, public parks and barangay plazas or squares, consistent support price for one cavan of 50 kilos of palay on October 21, 1972, or Thirty
with the approved local comprehensive land use plan, shall not be subject to One Pesos (P31.00), the government support price for one cavan of 50 kilos
the five (5)-hectare retention limit under this Section and Sections 70 and of corn on October 21, 1972, and the amount arrived at shall be the value of
73(a) of Republic Act No. 6657, as amended: Provided, That lands subject to the rice and corn land, as the case may be, for the purpose of determining its
CARP shall first undergo the land acquisition and distribution process of the cost to the farmer and compensation to the landowner.
program: Provided, further, That when these lands have been subjected to Lease rentals paid to the landowner by the farmer beneficiary after October
expropriation, the agrarian reform beneficiaries therein shall be paid just 21, 1972, shall be considered as advance payment for the land. In the event
compensation." "SEC. 6-B. Review of Limits of Land Size. — Within six (6) of dispute with the land owner regarding the amount of lease rental paid by
months from the effectivity of this Act, the DAR shall submit a comprehensive the farmer beneficiary, the Department of Agrarian Reform and the Barangay
study on the land size appropriate for each type of crop to Congress for a Committee on Land Production concerned shall resolve the dispute within
possible review of limits of land sizes provided in this Act." thirty (30) days from its submission pursuant to Department of Agrarian
SECTION 8. There shall be incorporated after Section 22 of Republic Act No. Reform Memorandum Circular No. 26, Series of 1973, and other pertinent
6657, as amended, a new section to read as follows: "SEC. 22-A. Order of issuances. In the event a party questions in court the resolution of the
Priority. — A landholding of a landowner shall be distributed first to qualified dispute, the landowner's compensation claim shall still be processed for
beneficiaries under Section 22, subparagraphs (a) and (b) of that same payment and the proceeds shall be held in trust by the Trust Department of
landholding up to a maximum of three (3) hectares each. Only when these
the Land Bank in accordance with the provisions of Section 5 hereof, pending SECTION 11. Section 26 of Republic Act No. 6657, as amended, is hereby
the resolution of the dispute before the court. further amended to read as follows: "SEC. 26. Payment by Beneficiaries. —
SECTION 6. The total costs of the land including interest at the rate of Lands awarded pursuant to this Act shall be paid for by the beneficiaries to
six percent (6%) per annum with a two percent (2%) interest rebate for the LBP in thirty (30) annual amortizations at six percent (6%) interest per
amortizations paid on time, shall be paid by the farmer-beneficiary or his heirs annum. The annual amortization shall start one (1) year from the date of the
to the Land Bank over a period up to twenty (20) years in twenty (20) equal certificate of land ownership award registration. However, if the occupancy
annual amortizations. Lands already valued and financed by the Land Bank took place after the certificate of land ownership award registration, the
are likewise extended a 20-year period of payment of twenty (20) equal amortization shall start one (1) year from actual occupancy. The payments for
annual amortizations. However, the farmerbeneficiary if he so elects, may pay the first three (3) years after the award shall be at reduced amounts as
in full before the twentieth year or may request the Land Bank to structure a established by the PARC: Provided, That the first five (5) annual payments may
repayment period of less than twenty (20) years if the amount to be financed not be more than five percent (5%) of the value of the annual gross
and the corresponding annual obligations are well within the farmer's production as established by the DAR. Should the scheduled annual payments
capacity to meet. Ownership of lands acquired by the farmer-beneficiary may after the fifth (5th) year exceed ten percent (10%) of the annual gross
be transferred after full payment of amortizations. production and the failure to produce accordingly is not due to the
SECTION 7. As of the date of this Executive Order, a lien by way of beneficiary's fault, the LBP shall reduce the interest rate and/or reduce the
mortgage shall exist in favor of the Land Bank on all lands it has financed and principal obligation to make the repayment affordable. IDcAHT "The LBP shall
acquired by the farmer-beneficiary by virtue of P.D. No. 27 for all have a lien by way of mortgage on the land awarded to the beneficiary; and
amortizations, both principal and interest, due from the farmer-beneficiary this mortgage may be foreclosed by the LBP for nonpayment of an aggregate
or a valid transferee until the amortizations are paid in full. of three (3) annual amortizations. The LBP shall advise the DAR of such
SECTION 8. Henceforth, failure on the part of the farmer-beneficiary to proceedings and the latter shall subsequently award the forfeited landholding
pay three (3) annual amortizations shall be sufficient cause for the Land Bank to other qualified beneficiaries. A beneficiary whose land, as provided herein,
to foreclose on the mortgage. has been foreclosed shall thereafter be permanently disqualified from
SECTION 9. Thirty (30) days after final notice for payment to the becoming a beneficiary under this Act."
defaulting tenant-farmer, a copy of which notice shall be furnished to the
Department of Agrarian Reform, the Land Bank may foreclose on the
mortgage by registering a certification under oath of its intent to foreclose
with the Registry of Deeds of the city or province where the land is located
attaching thereto: a copy of the final notice for payment; proof of service to
the tenant-farmer and the Department of Agrarian Reform of the final notice
for payment; and a certification that at least three (3) annual amortizations
on the land or the sum thereof remain unpaid. The mortgage is deemed
foreclosed upon registration of said documents with the Registry of Deeds.
In the event the defaulting tenant-farmer could not be served the final notice
for payment, the Land Bank shall post the notice for payment in the town hall,
public market and barangay hall or any other suitable place frequented by the
public of the barangay where the defaulting tenant-farmer resides. A
certification by the Land Bank to this effect will substitute for the proof of
service of the final notice of payment for purposes of foreclosure.
The Register of Deeds of all cities and provinces are directed to have a
separate registry book to enter all the requirements of foreclosure as
provided herein.
SECTION 10. The tenant-farmer, or any of his compulsory heirs may lift
the foreclosure within a period of two (2) years from its registration by paying
the Land Bank all unpaid amortizations on the land with interest thereon of
six percent (6%) per annum. In case of failure to lift the foreclosure within the
said period, ownership of the land shall be deemed transferred to the Land
Bank.
SECTION 11. The Land Bank, not later than three (3) months after its
acquisition of the land, shall sell the foreclosed land to any interested landless
farmer duly certified to as a bona fide landless farmer by the Department of
Agrarian Reform of the barangay or the two closest barangays where the land
is situated. The cost of the land is the unpaid amortizations due on the lands
as of the date of the sale with interest thereon of six percent (6%) per annum.
In the event that there is more than one interested buyer, the actual buyer
shall be determined by lottery in the presence of all the buyers or their
representatives and a representative of the Department of Agrarian Reform.
The Deed of Conveyance executed by the Land Bank in favor of the farmer
transferee shall be registered with the Register of Deeds of the city or
province where the land is located. Ownership shall transfer to the farmer
transferee only upon registration with the Registry of Deeds. The lien of the
Land Bank by way of mortgage on the remaining unpaid amortizations shall
subsists on the title of the transferee.
SECTION 12. The Land Bank, at least one (1) month prior to the sale, shall
furnish the Department of Agrarian Reform with a notice of sale and shall post
a similar notice in the town hall, public market and barangay hall or any other
suitable place frequented by the public of the barangay where the property
is located. The notice shall state the description of the property subject of the
sale, the price, the date and place of sale.