Chapter II
EMANCIPATION OF TENANTS
Article 7. Statement of
objectives. Inasmuch as the old concept of land ownership by a few has
spawned valid and legitimate grievances that gave rise to violent conflict and
social tension and the redress of such legitimate grievances being one of the
fundamental objectives of the New Society, it has become imperative to start
reformation with the emancipation of the tiller of the soil from his bondage.
Article 8. Transfer of
lands to tenant-workers. Being a vital part of the labor force,
tenant-farmers on private agricultural lands primarily devoted to rice and corn
under a system of share crop or lease tenancy whether classified as landed
estate or not shall be deemed owner of a portion constituting a family-size
farm of five (5) hectares, if not irrigated and three (3) hectares, if irrigated.
In all cases, the land owner may retain
an area of not more than seven (7) hectares if such landowner is cultivating
such area or will now cultivate it.
Article 9. Determination
of land value. For the purpose of determining the cost of the land to
be transferred to the tenant-farmer, the value of the land shall be equivalent
to two and one-half (2-1/2) times the average harvest of three (3) normal crop
years immediately preceding the promulgation of Presidential Decree No. 27 on
October 21, 1972.
The total cost of the land, including
interest at the rate of six percent (6%) per annum, shall be paid by the tenant
in fifteen (15) years of fifteen (15) equal annual amortizations.
In case of default, the amortization due
shall be paid by the farmers’ cooperative in which the defaulting tenant-farmer
is a member, with the cooperative having a right of recourse against him.
The government shall guarantee such
amortizations with shares of stock in government-owned and
government-controlled corporations.
Article 10. Conditions of
ownership. No title to the land acquired by the tenant-farmer under
Presidential Decree No. 27 shall be actually issued to him unless and until he
has become a full-fledged member of a duly recognized farmers’ cooperative.
Title to the land acquired pursuant to
Presidential Decree No. 27 or the Land Reform Program of the Government shall
not be transferable except by hereditary succession or to the Government in
accordance with the provisions of Presidential Decree No. 27, the Code of Agrarian
Reforms and other existing laws and regulations.
Article 11. Implementing
agency. The Department of Agrarian Reform shall promulgate the
necessary rules and regulations to implement the provisions of this Chapter.
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