Presidential Decree No. (27, 175, 410, 892, and 316)
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PRESIDENTIAL DECREE No. 27 October 21, 1972 DECREEING THE EMANCIPATION OF TENANTS FROM THE BONDAGE OF THE SOIL, TRANSFE...
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MALACAÑANG Manila PRESIDENTIAL DECREE No. 27 October 21, 1972 DECR DECREE EEIN ING G THE THE EM EMAN ANCI CIP PATION TION OF TE TENA NANT NTS S FROM FROM THE THE BOND BONDAG AGE E OF THE THE SOIL SOIL,, TRANSFERRING TO THEM THE OWNERSHIP OF THE LAND THEY TILL AND PROVIDING THE INSTRUMENTS AND MECHANISM THEREFOR In as much as the old concept of land ownership by b y a few has spawned valid and legitimate grievances that gave rise to violent conflict and social tension, The redress of such legitimate grievances being one of the fundamental objectives of the New Society, Since Reformation must start with the emancipation of the tiller of the soil from his bondage, NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant pursuant to Proclamati Proclamation on No. 1081, dated September 21, 1972, and General Order No. 1 dated September September 22, 1972, as amended do hereby decree and order the emancipation of all tenant farmers as of this day, October 21, 1972: This shall apply to tenant farmers of private ag ricultural lands primarily devoted to rice and corn under a system of sharecrop or lease-tenancy lease-tenanc y, whether classified as landed land ed estate or not; n ot; The tenant farmer, whether in land 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 landowner may retain an area of not more than seven (7) hectares if such landowner is cultivating such area or will now cultivate it; For the purpose of determining the cost of the land to be transferred to the tenant-farmer pursuant to this Decree, the value of the land shall be equivalent to two and one-half (2 1/2) times the average harvest of three normal crop years immediately preceding the promulgation of this Decree; The total cost of the land, including interest at the rate of six (6) per centum per annum, shall be paid by the tenant in fifteen (15) years of fifteen (15) equal annual a mortizations; In case of default, the amortization due shall be paid by the farmers' cooperative in which the defaulting tenantfarmer is a member, with the cooperative having a right of recourse aga inst him; The government shall guaranty such amortizations with shares of stock in government-owned and governmentcontrolled corporations; No title to the land owned by the tenant-farmers under this Decree shall be actually issued to a tenant-farmer unless and until the tenant-farmer has become a full-fledged member of a duly recognized farmer's cooperative; Title to land acquired pursuant to this Decree 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 this Decree, the Code of Agrarian Reforms and other existing laws and regulations; The Department of Agrarian Reform through its Secretary is hereby empowered to promulgate rules and regulations for the implementation of this Decree. All laws, executive orders, decrees and rules and regulations, or parts thereof, inconsistent with this Decree are hereby repealed and or modified accordingly. Done in the City of Manila, this 21st day of October, in the year of Our Lord, nineteen hundred and seventytwo. Reference: http://www.lawphil.net/statutes/presdecs/pd1972/pd_27_1972.html
MALACAÑANG Manila PRESIDENTIAL DECREE DECREE No. 175 April 14, 1973 STRENGTHENING THE COOPERATIVE COOPERATIVE MOVEMENT WHEREAS, a parallel measure to the emancipation of tenant-farmers from feudal bondage, as provided for in Presidential Decree No. 27 dated October 21, 1972, is a provision for a strong social and economic organization and system to ensure that they will enjoy on a lasting basis the benefits of agrarian reform; WHEREAS, there are equally less fortunate segments of our society who are in need of social and economic amelioration and should have the right to enjoy the privilege of self-development, social growth and economic independence under a truly just and democratic society; WHEREA WHEREAS, S, there there is a need to increa increase se income income and purcha purchasin sing g power power of the low-incom low-incomee sector sector of the population in order to attain a more equitable distribution of income and wealth; WHEREAS, the cooperative institution is a means of attaining a more equitable distribution of income and wealth and providing the common man a dignified level of existence; WHEREAS, the Bayanihan Spirit is an inborn trait of the Filipino people which if properly guided can serve as a strong foundation of cooperative institutions; NOW, THEREFORE, in order to effect the desired changes and reform in the economic, social and political structure of our society, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamati Proclamation on 1081 dated September September 21, 1972, and General General Order No. 1 dated September September 22, 1972, do hereby order and decree the following: Section 1. Declaration of Policy. - It is hereby declared the policy of the State to foster the creation and growth of cooperatives as a means of increasing income and purchasing power of the low-income sector of the population in order to attain a more equitable distribution of income and wealth. Section 2. Cooperative Defined. - Cooperative shall mean only organizations composed primarily of small producers and of consumers who voluntarily join together to form business enterprises which they themselves own, control and patronize. A small producer shall mean a self-employed individual who, by himself or with this family provides the primary labor requirements of his business enterprise or one who earns at least fifty percent of his gross income from the payment proceeds or income of the labor he provides. Section 3. Cooperative Principles. - A cooperative shall be governed by the following principles: (a) Open membership in a cooperative should be voluntary and available without artificial restriction or any social, political, political, racial or religious religious discriminati discrimination, on, to all persons who can make use of its services and are willing to accept the responsibilities of membership. (b) Democratic control In primary cooperatives irrespective of the number of shares owned, each member can only cast one vote in deciding upon the affairs of the cooperative. The affairs of the cooperative shall be administered by persons elected or appointed in a manner agreed by the members and accountable to them. In other than primary cooperatives, administration shall be conducted in a suitable democratic form. (c) Limited interests to capital Share capital shall earn only limited interests, the maximum rate of interests to be established by the Department of Local Government and Community Development from time to time. (d) Patronage refund Net income after the interest on capital has been paid shall be redistributed among the members in proportion to their patronage. Section 4. Powers of Cooperatives. - Cooperatives shall have the following powers:
(a) To exercise the same rights and privileges given to persons, partnerships and corporations provided under existing laws; (b) To establish and operate business enterprises of all kinds as their needs dictate and their capabilities allow subject to the provisions of existing laws; (c) To establish rural banks under the Rural Bank Act and/or to purchase government held preferred shares of rural banks which may be converted to voting common stocks, under the rules and regulations to be prom promul ulgat gated ed by the the Mone Moneta tary ry Boar Board d of the the Cent Centra rall Bank Bank and and The The Agrar Agraria ian n Refo Reform rm Fund Fund Commission; (d) To enjoy all the privileges and incentives granted by the NACIDA Act and those granted by all government government agencies to business business organizations organizations under existing existing laws, provided provided that all requirement requirementss are met; (e) To petition the government to expropriate idle urban or rural lands for agricultural production, cottage industry, industry, business or housing purposes; and (f) To own and dispose of property, to enter into contract, to sue or be sued, and to do and perform such other acts as may be necessary in the pursuit p ursuit of its objectives. Section 5. Privileges of Cooperatives. - Cooperatives shall enjoy the following privileges: (a) Exemption from income taxes and sales taxes provided that a substantial portion of the net income of the cooperative is returned to members in the form of interests and/or patronage refunds; Provided, further, That for income tax purposes, non-agricultural cooperatives shall be exempt for a period of five (5) years and agricu agricultu ltural ral cooperati cooperatives ves for a period period of ten (10) years years reckon reckoned ed from from the date of registration with the Department of Local Government and Community Development; Provided, finally, That the taxable income shall mean that portion of the cooperative's income after deducting the interest paid to members and patronage refunds; (b) In areas where appropriate cooperatives exist, the preferential right to supply rice, corn and other grains, fish and other marine products, meat, eggs, milk, vegetables, tobacco and other agricultural commodities produced by members of the cooperatives concerned to State Agencies administering price stabilization programs; and (c) (c) In appr appropr opria iate te case cases, s, exem exempt ptio ion n from from the the appl applic icat atio ion n of the the Mini Minimu mum m Wage age Law Law upon upon the the recommendation of the Bureau of Cooperatives Development subject to the approval of the Secretary of Labor. Section 6. Financial Assistance to Cooperatives. - There is hereby created a Cooperative Development Loan Fund for the development of the cooperative movement. (a) Sources of funds This Fund shall be financed from the following sources: 1. General appropriations 2. Proceeds of sales of US Public Law 480 commodities 3. Foreign loans or proceeds of sales of commodity loans 4. Grants and donations 5. Levies Levies impose imposed d by existi existing ng laws laws on agricu agricultu ltural ral commod commoditi ities es for the develop developmen mentt of cooperatives; and 6. Such other sources as are now provided by existing laws or as may be provided for in the future. (b) Uses This Fund shall be utilized for the following purposes:
1. Source of loanable funds to cooperatives; 2. Serve as a guarantee for loans granted to cooperatives; and 3. Source of advances to cooperatives for the purchase of equity of rural banks. In no case shall any portion of this fund be utilized for direct loans to farmer members. As far as practicable, funds shall be channeled through existing ex isting government and private financial institutions. (c) Administration of fund For purposes of administering the fund, there is hereby created a Management Committee composed of: 1. A representative of the Department of Local Government and Community Development who shall serve as Chairman; 2. A representative representative of the Central Cen tral Bank of the Philippines; 3. A representative representative of the Philippine National Bank; 4. A representative representative of the Department De partment of Agriculture and Natural Resources; 5. A representative representative of the Department De partment of Agrarian Reform; and 6. Two repres represent entati atives ves of the Cooper Cooperati ative ve Moveme Movement nt design designate ated d by the Secret Secretary ary of the Department of Local Government and Community Development. The Management Committee Committee shall have the power to administer administer this fund and prescribe rules and regulations regulations for its utilization. (d) Other financial assistance The Agrarian Reform Fund Commission, Greater Manila Terminal Food Market, National Development Corporation or their subsidiary institutions or the subsidiary institutions of any government financial agency or any government agency is authorized to establish or acquire fixed facilities such as storage facilities, processing facilities, food markets and other facilities, requiring large long-term long-term investment which shall be leased leased or sold to cooperatives cooperatives.. Likewise, Likewise, cooperatives cooperatives shall have preferential right to purchase or lease existing facilities as herein above specified belonging to other government institutions and agencies. Section 7. Management and Training Assistance. - There is hereby established a Management and Training Assistance Program. It shall create a Central Management and Training Pool to be composed of top caliber managers, who may be assigned to actively manage a cooperative or cooperatives for the prime purpose of training an understudy or understudies to assume management thereafter. In this connection, it may contract for and defray the cost of professional managers and/or firms who shall actively manage cooperatives as part of the training program. Cooperative managers contracted for this purpose shall be exempt from WAPCO salary rates. Training programs to develop cooperative managers may be undertaken by any existing educational or other institutions on contract basis. Suitable and practical management training materials and guides shall be developed for the use of cooperative managers. The Managem Management ent and Trainin raining g Assis Assistan tance ce Program Program shall shall be admini administe stered red by an Advisory Advisory Board Board of five five memb member erss to be appoi appoint nted ed by the the Secr Secret etary ary of the the Depa Depart rtme ment nt of Loca Locall Gover Governm nment ent and Comm Commun unit ity y Development Development,, at least two of whom shall come from the cooperative cooperative system, system, and one from the Department of Agrarian Reform. The Management Training Program shall be financed from the following sources: (a) General appropriations; (b) Income from the Cooperative Development Loan Fund; (c) Grants and donations; and
(d) Contribution from cooperatives. Sect Sectio ion n 8. Powe Powers rs of Regu Regula lato tory ry Agenc Agency y. - The The Depa Depart rtme ment nt of Local Local Gove Govern rnme ment nt and Commu Communi nity ty Development through the Bureau of Cooperatives Development is vested with full authority to promulgate rules and regulations regulations to govern the promotion, promotion, organization, organization, registration, registration, regulation regulation and supervisi supervision on of all types of cooperatives. Specifically, Specifically, it shall have hav e the following powers: po wers: (a) To call on any office, agency, instrumentality or individuals belonging to the government or private sector for such assistance as may be needed. (b) To regist register er new coopera cooperativ tives, es, re-reg re-regis ister ter existi existing ng cooper cooperati atives ves and regula regulate te and superv supervise ise the following types of cooperatives: 1) Barrio Associations which shall have the provisional status of a cooperative and serve the requirements of Presidential Decree No. 27 in the issuance of certificates of land transfer; 2) Local or primary cooperatives which shall be composed of natural persons and/or barrio associations; 3) Federations which shall be composed of cooperatives which may or may not perform business activities; and 4) Unions of cooperatives which shall not perform an y business activities. Provided, That in the case of re-registration, the cooperative shall file its application or petition for reregistration within a period of six (6) months from the date of promulgation of this Decree, and its corporate existence shall be deemed to continue until the application or petition is approved or denied; And provided, further, That for purposes of re-registration, Sections 2 and 5 (a) hereof shall not be applicable to existing cooperatives which do not meet the qualification requirements provided for in this Decree. (c) To determine the manner and extent by which powers, privileges, assistance and support granted to cooperative provided by this Decree shall be exercised or enjoyed by cooperatives. (d) To suspend the operation or cancel the registration of any cooperative after hearing and when in its judgment and based on findings, such cooperative is operating in violation of this Decree, rules and regulations, existing laws as well as the by-laws of the cooperative itself; (e) To To liquidate and to determine disposal of assets and settlement of liabilities of any an y cooperative which has been been inopera inoperable ble,, inacti inactive ve or defunc defunctt or any coopera cooperativ tivee violat violating ing the penal penal provis provision ionss herein herein provided; (f) To recommend charges to be filed against any official of any cooperative who has committed crimes against the cooperative or who has violated the penal provisions herein provided; and to establish rules and regulations governing the suspension and/or expulsion of any members of a cooperative; (g) (g) To condo condone ne the the prin princi cipal pal and/ and/or or accum accumul ulat ated ed inte intere rest st on past past due due prod produc ucti tion on and/ and/or or farm farm improvement loans extended by the Agricultural Credit and Cooperative Financing Administration and the Agricultural Credit Administration to farmer members of agricultural cooperatives, and to authorize writing off of bad debts or bad accounts of agricultural cooperatives arising from loans granted by the Agricultural Credit and Cooperative Financing Administration or the Agricultural Credit Administration subject to the Rules and regulations to be promulgated jointly by the Department of Local Government and Community Development and the Department of Finance; (h) To recommend charges to be filed against non-farmers who through misrepresentation have secured loans from the Agricultural Credit and Cooperative Financing Administration or the Agricultural Credit Administration through agricultural cooperatives; (i) To authorize the collection by barrio associations and cooperatives past due loans granted by the Agricultural Credit and Cooperative Financing Administration or the Agricultural Credit Administration on a commission basis; and (j) To authorize the cooperatives to collect amortizations on lands under Presidential Decree No. 27.
Section 9. Penal Provisions. (a) No person or group of persons other than cooperatives registered pursuant to the provisions of this decree shall use in its name the word cooperative or its equivalent in the vernacular with intent to defraud. Violators shall be fined Two Thousand (P2,000.00) pesos. In case of insolvency, a subsidiary imprisonment of not more than six (6) months shall be imposed. (b) Any official of the cooperative, elected or appointed, who commits crimes against the cooperative shall be penalized in the same way as if such official were a civil servant, with disqualification of holding any elective or appointive office. (c) Any official of the State, elected or appointed and not belonging to the Department of Local Government Government and Community Community Development, Development, who willfully and unduly interferes interferes with the business activities and internal affairs of any cooperative shall be penalized by a fine of not more than five thousand pesos (P5,000.00) and/or imprisonment of not more than six (6) months. (d) Individu Individuals als who are found found to have have organ organize ized d cooper cooperati atives ves for the evident evident purpose purpose of taking taking advan advanta tage ge of the the priv privil ilege egess grant granted ed to coope coopera rati tive vess under under this this Decr Decree ee and and who who oper operat atee such such organizations in clear violation of cooperatives principles herein set forth as adjudged by a competent court shall be subject to attachment of all their assets in such organizations and such organizations shall summarily summarily be stopped stopped from operating, operating, without without prejudice prejudice to other penalties penalties as provided provided for by existing laws. Sectio Section n 10. Separa Separabil bility ity Clause. Clause. - If any provision provision,, provis provision ions, s, part part or parts parts of this this decree decree is declare declared d unconstitutional, such declaration shall not invalidate the other provisions hereof. Section 11. Repealing Clause. - All past cooperative laws are hereby repealed. Portions or parts of any other laws laws incons inconsist istent ent herewi herewith th are likewi likewise se repeal repealed. ed. The Departm Department ent of Local Local Govern Governmen mentt and Commun Community ity Development through the Bureau of Cooperatives Development shall promulgate within thirty (30) days from date hereof the rules and regulations for the effective implementation of this Decree and upon approval by the President of the Philippines shall have the force and effect of law. These rules and regulations may be amended, modified or abrogated as the circumstances may so demand. Done in the City of Manila, this 14th day da y of April, April, in the year of Our Lord, nineteen hundred and seventy-three. seven ty-three. Reference: http://www.lawphil.net/statutes/presdecs/pd1973/pd_175_1973.html
MALACAÑANG Manila PRESIDENTIAL DECREE DECREE No. 410 March 11, 1974 DECLARING ANCESTRAL LANDS OCCUPIED AND CULTIVATED BY NATIONAL CULTURAL COMMUNITIES AS ALIENABLE ALIENABLE AND DISPOSABLE, AND FOR OTHER PURPOSES WHEREAS, it is the avowed policy of the Government to assist landless tenants, whether Christian or Muslim, in acquiring full ownership of the lands occup ied or cultivated by them; WHEREAS, WHEREAS, tenants in agricultural agricultural lands primarily primarily devoted to rice and corn production production have been granted the fullest opportunity to own the land tilled by them in the easiest possible way and under terms less burdensome to them; WHEREAS, under the New Society, the social justice programs are given top priority, and in furtherance thereof a greater portion of the resources of the Government have been channeled to them; WHEREAS, in order to give greater substance to these social justice programs and the endeavors to bring forth equality for all the citizens of this Republic, it is required that landless Muslims and members of other cultural minority groups shall be given the same opportunity to own the lands occupied and cultivated by them, which lands were likewise occupied and cultivated by their ancestors. NOW, NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers in me vested by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081dated September 21, 1972 and General Order No. 1 dated September 22, 1972, as amended, do hereby decree and order: Section 1. Ancestral Lands. Any provision of law, decree, executive order, rule or regulation to the contrary notwithstanding all unappropriated agricultural lands forming part of the public domain at the date of the approval of this Decree occupied and cultivated by members of the National Cultural Communities for at least ten (10) years before the effectivity of this Decree, particularly in the provinces of Mountain Province, Caga yan, Kalinga Apayao, Ifugao, Mindoro, Pampanga, Rizal, Palawan, Lanao del Sur, Lanao del Norte, Sultan Kudarat, Maguindanao, North Cotabato, South Cotabato, Sulu, Tawi-Tawi, Zamboanga del Sur, Zamboanga del Norte, Davao del Sur, Davao del Norte, Davao Oriental, Davao City, Agusan, Surigao del Sur, Surigao del Norte, Bukidnon, and Basilan are hereby declared part of the ancestral lands of these National Cultural Communities and as such these lands are further declared alienable and disposable if such lands have not been earlier declared as alienable and disposable by the Director of Forest Development, to be distributed exclusively among the member memberss of the Nationa Nationall Cultur Cultural al Commun Communiti ities es concern concerned, ed, as define defined d under under the Consti Constitut tution ion and under under Republic Act Numbered Eighteen hundred eighty-eight: Provided, however, That lands of the public domain heretofore reserved for settlement purposes under the administration of the Department of Agrarian Reform and other areas reserved for other public or quasi-public purposes shall not be subject to disposition in accordance with the provisions of this Decree: Provided, further, That the Government in the interest of its development progr program, am, may establ establish ish agro-i agro-indus ndustr trial ial projec projects ts in these these areas areas for the purpos purposee of creati creating ng condit condition ionss for employment and thus further enhance the progress of the people. For purposes of this Decree, ancestral lands are lands of the public domain that have been in open, continuous, exclusive and notorious occupation and cultivation by members of the National Cultural Communities by themselves or through their ancestors, under a bona fide claim of acquisition of ownership according to their customs and traditions for a period of at least thirty (30) years before the date of approval of this Decree. The interrupti interruption on of the period period of their occupation occupation and cultivation cultivation on account of civil disturbanc disturbancee or force majeure majeure shall not militate against their right granted under this Decree. Section 2. In provinces other than those enumerated under Section 1 hereof where there are National Cultural Communitie Communities, s, the President upon the recommendati recommendation on of the Secretary Secretary of Agriculture Agriculture and Natural Natural Resources Resources shall designate the areas to be set aside as ancestral lands. Section 3. Upon the approval of this Decree, the lands herein mentioned for the National Cultural Communities shall be identified, surveyed and subdivided by the Bureau of Lands into family-sized farm lots not exceeding five (5) hectares each and shall be allocated to members of the National Cultural Communities under such terms and conditions prescribed in this Decree or to be prescribed in the rules implementing this Decree.
Section 4. Land Occupancy Certificate shall be issued to all members of the National Cultural Communities who are presently occupying and cultivating lands of the public domain within ancestral lands as defined in this Decree. To expedite the issuance of these Land Occupancy Certificate, the District Land Officers are hereby authorized to sign them in behalf of the Secretary of Agriculture and Natural Resources. Section 5. No land granted in accordance with this Decree shall be transferred, sold or otherwise alienated within a period of ten (10) years after acquisition of such lands or any right or interest thereto except in favor of the cooperative of which the owner is a member or in favor of the Government or any of its agencies, branches or instrumentalities. Section 6. The Secretary of Agriculture and Natural Resources, who shall be the implementing officer for this Decree, upon the recommendation of the Director of Lands, and the Director of Forest Development shall promulgate rules and regulations necessary for the proper implementation of this Decree. Among others, the implementing rules shall provide: (1) That a recipient of the lands allocated under this Decree must first be a member of a farmer cooperative within his community before a Certificate of Land Occup ancy shall be issued to him. (2) That no mortgage of or other encumbrances on any such lands, rights or interest therein, shall be valid unless approved by the Secretary of Agriculture and Natural Resources or his duly authorized representative. Sectio Section n 7. The Secret Secretary ary of Agricul Agricultur turee and Natura Naturall Resour Resources ces shall shall have author authority ity to call call upon upon other other departments, bureaus, offices and agencies of the Government for such assistance as may be required to implement the provisions of this Decree, De cree, especially the Department of Agrarian Reform. Section 8. Occupants of ancestral lands as defined under this Decree are hereby given a period of ten (10) years from the date of approval hereof within which to file applications to perfect their title to the lands occupied by them, otherwise, they shall lose their preferential rights thereto and the land shall be declared open for allocation to other deserving applicants. Sect Sectio ion n 9. Any perso person n or publi publicc offi office cerr who who viol violat ates es any provi provisi sion on of this this Decr Decree, ee, or any regul regulat atio ion n promulgated in accordance therewith, shall be punished by a fine of not more than one thousand pesos (P1,000.00) or by imprisonment of not more than six (6) months or both at the discretion of the Court; Provided, That the land acquired by any person in violation of this Decree and of the Public Land Act shall revert to the public domain: Provided, further, That such violation shall bar the violator from again acquiring land under the provisions of this Decree and of the Public Land Act. Section 10. Any provision of law, decree, general order, executive order, rule or regulation contrary hereto are hereby repealed or modified accordingly. accordingly. Section 11. This Decree shall take effect immediately. Done in the City of Manila, this 11th day of March, in the year of Our Lord, nineteen hundred and seventy-four. seventy-four. Reference: http://www.lawphil.net/statutes/presdecs/pd1974/pd_410_1974.html
MALACAÑANG Manila PRESIDENTIAL DECREE No. 892 February 16, 1976 DISCONTINUANCE OF THE SPANISH MORTGAGE SYSTEM OF REGISTRATION AND OF THE USE OF SPANISH TITLES AS EVIDENCE IN LAND REGISTRATION REGISTRATION PROCEEDINGS WHEREAS, fraudulent sales, transfers, and other forms of conveyances of large tracts of public and private lands to unsuspecting and unwary buyers appear to have been perpetrated by unscrupulous persons claiming ownership under Spanish titles or grants of dubious origin; WHEREAS, these fraudulent transactions have often resulted in conflicting claims and litigations between legitimate title holders, bona fide occupants or applicants of pu blic lands, on the one hand, h and, and the holders of, or o r persons claiming rights under, the said Spanish titles or grants, on the other, thus creating confusion and instability in property ownership and threatening the peace and order conditions in the areas affected; WHEREAS, statistic in the Land Registration Commission show that recording in the system of registration under the Spanish Mortgage Law is practically nil and tha t this system has become obsolete; WHEREAS, Spanish titles to lands which have not yet been brought under the operation of the Torrens system, being subject to prescription, are now ineffective to prove ownership unless accompanied by proof of actual possession; WHEREAS, there is an imperative need to discontinue the system of registration under the Spanish Mortgage Law and the use of Spanish titles as evidence ev idence in registration proceedings under the Torrens system; system; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby hereb y decree and order; Section 1. The system of registration under the Spanish Mortgage Law is discontinued, and all lands recorded under said system which are not yet covered b y Torrens Torrens title shall be considered as unregistered lands. All holders of Spanish titles or grants should apply for registration of their lands under Act No. 496, otherwise known as the Land Registration Act, within six (6) months from the effectivity of this decree. Thereafter, Spanish titles cannot be used as evidence of land ownership in any registration proceedings under the Torrens system. Hereaf Hereafter ter,, all instr instrumen uments ts affec affectin ting g lands lands origina originally lly regist registere ered d under under the Spanis Spanish h Mortga Mortgage ge Law may be recorded under Section 194 of the Revised Administrative Administrative Code, as amended by b y Act 3344; Sectio Section n 2. All laws, laws, executi executive ve orders orders,, admini administr strati ative ve orders orders,, rules rules and regulat regulation ionss incons inconsist istent ent with with the foregoing provisions are hereby repealed or accordingly modified; Section 3. This Decree shall take effect immediately. immediately. Done in the City of Manila, this 16th day of February, in the year of Our Lord, nineteen hundred and seventysix. Reference: http://www.lawphil.net/statutes/presdecs/pd1976/pd_892_1976.html
MALACAÑANG Manila PRESIDENTIAL DECREE DECREE No. 316 October 22, 1973 197 3 PROHIBITING THE EJECTMENT OF TENANT-TILLERS FROM THEIR FARMHOLDINGS PENDING THE PROMULGATION OF THE RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NO. 27 WHEREAS, notwithstanding my earlier instructions that no tenant-farmer shall be ejected from the land cultivated by him, many landowners are ejecting or threatening to eject their tenants; WHEREAS, numerous complaints for ejectment have been filed in the Courts by landowners against their tenants and orders have been issued enjoining or restraining the latter from entering and cultivating their farmholdings or impounding their harvest; and likewise, numerous criminal cases have been filed by landowners against tenant-tillers which arise from the possession and cultivation of farmholdings and other agrarian causes, as a result of which tenant-farmers have been arrested and detained; WHEREAS, the aforementioned acts have resulted in strained relations between landowners and tenant-farmers or tillers of the soil which threaten to disturb the peace and order conditions in the rural areas; WHEREAS, these ejectment suits or other acts of harassment by landowners intended to eject or remove their tenants cannot be sanctioned or condoned con doned by the Government, especially in the light of our current efforts to bring forth a New Society a Filipino society that is more compassionate and that adheres to the basic principle of social justice; NOW, NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated September 22, 1972, as amended, do hereby order and decree, as part of the law of the land the following; Section 1. No tenant-farmer in agricultural lands primarily devoted to rice and corn shall be ejected or removed from his farmholding until such time as the respective rights of the tenant-farmer and the landowner shall have been determined in accordance with the rules and regulations implementing Presidential Decree No. 27. Section 2. Unless certified by the Secretary of Agrarian Reform as a proper case for trial or hearing by a court o r judge or other officer of competent jurisdiction, no judge of the Court of Agrarian Agrarian Relations, Court of First Instance, municipal or city court, or any other tribunal or fiscal shall take cognizance of any ejectment case or any other case designed to harass or remove a tenant of an agricultural ag ricultural land primarily devoted to rice and corn, and if any such cases are filed, these cases shall first be referred to the Secretary of Agrarian Reform or his authorized representative in the locality for a preliminary determination of the relationship between the contending parties. If the Secretary of Agrarian Reform finds that the case is a proper case for the co urt or judge or other hearing officer to hear, he shall so certify and such court, judge o r other hearing officer may assume jurisdiction over the dispute or controversy. Section 3. In all cases, efforts shall be exerted by all government officials to maintain the status quo in the relation between tenant-farmers and landowners as already embodied in Presidential instructions. Section 4. All provisions of existing laws, orders, rules and regulations, or parts thereof, in conflict or inconsistent herewith are hereby repealed or modified accordingly. Section 5. This Decree shall take effect immediately. immediately. Done in the City of Manila, this 22nd day of October, in the year of Our Lord, nineteen hundred and seventythree. Reference: http://www.lawphil.net/statutes/presdecs/pd1973/pd_316_1973.html
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