REPUBLIC ACT No. 3844
AN ACT TO ORDAIN THE AGRICULTURAL LAND REFORM CODE AND TO INSTITUTE LAND REFORMS IN THE PHILIPPINES, INCLUDING THE ABOLITION OF TENANCY AND THE CHANNELING OF CAPITAL INTO INDUSTRY, PROVIDE FOR THE NECESSARY IMPLEMENTING AGENCIES, APPROPRIATE FUNDS THEREFOR AND FOR OTHER PURPOSES
PRELIMINARY CHAPTER
TITLE
DECLARATION OF POLICY AND COMPOSITION OF CODESection 1. Title - This Act shall be known as the Agricultural Land Reform Code.
Section 2. Declaration of Policy - It is the policy of the State:
(1) To establish owner-cultivatorship and the economic family-size farm as the basis of Philippine agriculture and, as a consequence, divert landlord capital in agriculture to industrial development;
(2) To achieve a dignified existence for the small farmers free from pernicious institutional restraints and practices;
(3) To create a truly viable social and economic structure in agriculture conducive to greater productivity and higher farm incomes;
(4) To apply all labor laws equally and without discrimination to both industrial and agricultural wage earners;
(5) To provide a more vigorous and systematic...
Details
Amends
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Amended by
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Republic Acts
AN ACT TO ORDAIN THE AGRICULTURAL LAND REFORM CODE AND TO INSTITUTE LAND REFORMS IN THE PHILIPPINES
Republic Act No. 3844
SUMMARY
Declaration of Policy (Section 2):
- Establish owner-cultivatorship and economic family-size farms as the basis of Philippine agriculture.
- Divert landlord capital from agriculture to industrial development.
- Achieve a dignified existence for small farmers.
- Create a viable economic structure in agriculture.
- Apply labor laws equally to industrial and agricultural workers.
- Provide a vigorous land resettlement and public land distribution program.
- Make small farmers more independent, self-reliant, and responsible citizens.
Composition of the Code (Section 3):
- Establishes an agricultural leasehold system to replace share tenancy.
- Declares rights for agricultural labor.
- Creates an authority for land acquisition and distribution.
- Establishes an institution to finance land acquisition and distribution.
- Provides machinery for agricultural credit and technical services.
- Establishes a unified administration for land reform.
- Expands the land capability survey and registration program.
- Creates a judicial system for agrarian issues.
Agricultural Leasehold System (Sections 4-38):
- Abolishes agricultural share tenancy (Section 4).
- Establishes agricultural leasehold relations by operation of law or agreement (Sections 5-7).
- Regulates extinguishment, continuity, and transfer of leasehold relations (Sections 8-12).
- Requires affidavit for sale of land subject to pre-emption rights (Section 13).
- Exempts lands for residential, industrial, or similar purposes from pre-emption rights (Section 14).
- Regulates leasehold contracts, rental payments, and lease consideration (Sections 15-17, 33-35).
- Provides for lessee's rights, obligations, and prohibitions (Sections 23-28).
- Provides for lessor's rights, obligations, and prohibitions (Sections 29-32).
- Regulates irrigation system costs and exemptions (Sections 21-22, 32).
- Allows dispossession of lessee only with court authorization (Section 36).
- Establishes statute of limitations and burden of proof for ejectment (Sections 37-38).
Bill of Rights for Agricultural Labor (Sections 39-48):
- Grants rights to self-organization, concerted activities, minimum wage, limited work hours, damages, compensation, and protection against suspension or lay-off (Sections 39-46).
- Applies existing labor laws to agricultural workers (Section 47).
- Exempts farm enterprises comprising not more than 12 hectares from some provisions (Section 48).
Land Authority (Sections 49-73):
- Creates the Land Authority to implement land reform (Section 49).
- Outlines powers and functions, including land acquisition, distribution, resettlement, and public land administration (Section 51).
- Allows expropriation of private agricultural lands, subject to conditions and priorities (Section 51).
- Regulates expropriation proceedings, compensation, and land disposition (Sections 53-65).
- Provides for census of settlements and assistance to settlers (Sections 67-70).
- Allows sale of public lands to holders of bonds issued for expropriated lands (Section 71).
- Transfers powers, functions, and resources from abolished agencies (Section 73).
- Appropriates funds for operations and land capability survey (Sections 73, 132).
Land Bank (Sections 74-100):
- Establishes the Land Bank to finance land acquisition and distribution (Section 74).
- Outlines the Bank's powers, including bond issuance and investment (Sections 75-77).
- Provides for payment to landowners through cash, bonds, and preferred shares (Sections 80-83).
- Regulates the Bank's capital, shares, voting, and governance (Sections 81-90).
- Allows the Bank to receive deposits and make payments to landowners (Sections 79-80).
- Provides for the Bank's personnel, administration, and regulation (Sections 90-97).
- Grants the Bank tax exemptions and appropriates funds for its operations (Sections 98-99).
- Imposes penalties for violations of the Bank's provisions (Section 100).
Agricultural Credit Administration (Sections 101-118):
- Reorganizes the Agricultural Credit and Cooperative Financing Administration (Section 101).
- Appropriates funds for additional credit functions (Section 102).
- Grants the privilege of rediscounting with financial institutions (Section 103).
- Allows obtaining additional funds from financial institutions (Section 104).
- Directs loaning activities towards developing farmers' cooperatives (Section 105).
- Provides for credit to small farmers and cooperatives (Sections 106-109).
- Regulates interest rates on loans (Section 110).
- Allows for supervised credit programs (Section 111).
- Grants powers for guidance, auditing, and prosecution of cooperatives (Sections 112-114).
- Provides for free notarial and registration services for loans (Sections 115-116).
- Allows writing off uncollectible loans after 5 years (Section 117).
- Grants exemptions from duties, taxes, and levies (Section 118).
Agricultural Productivity Commission (Sections 119-125):
- Renames and reorganizes the Bureau of Agricultural Extension (Section 119).
- Outlines the Commissioner's qualifications and duties (Sections 120-121).
- Creates a Division on Cooperatives (Section 122).
- Provides for recruitment, selection, and training of extension workers (Section 123).
- Outlines the functions of extension workers (Section 124).
- Appropriates funds for operations (Section 125).
Land Reform Project Administration (Sections 126-131):
- Creates the National Land Reform Council to construct and implement land reform programs (Sections 126-128).
- Allows the Council to establish land reform districts and regional committees (Sections 129-130).
- Provides for Land Reform Project Teams to assess and plan local projects (Section 131).
Land Capability Survey and Classification (Sections 132-140):
- Authorizes the Land Authority to conduct a land capability survey (Section 132).
- Directs the Bureau of Lands to undertake an expanded cadastral survey (Section 133).
- Regulates costs, fees, and charges for cadastral surveys (Sections 134-138).
- Establishes a revolving fund for cadastral program financing (Section 139).
- Appropriates funds for the expanded cadastral survey program (Section 140).
Courts of Agrarian Relations (Sections 141-159):
- Establishes Courts of Agrarian Relations throughout the Philippines (Section 141).
- Constitutes regional districts and outlines the number of judges per district (Sections 142-148).
- Provides for the qualifications, tenure, compensation, and leave privileges of judges (Sections 144-145).
- Regulates the vacation period and assignment of judges (Sections 146-147).
- Outlines the jurisdiction of the Courts over agrarian matters (Section 154).
- Grants the Courts powers and prerogatives of the Court of First Instance (Section 155).
- Regulates appeals from the Courts' decisions (Section 156).
- Allows for the temporary assignment of judges to other districts (Section 157).
- Provides for the appointment and qualifications of court personnel (Section 158).
- Appropriates funds for the Courts' operations (Section 159).
Office of Agrarian Counsel (Sections 160-165):
- Expands the Tenancy Mediation Commission into the Office of Agrarian Counsel (Section 160).
- Creates additional positions for Special Attorneys (Section 161).
- Allows the Agrarian Counsel to appoint subordinate officials and employees (Section 162).
- Outlines the functions of representing agricultural lessees and workers (Section 163).
- Authorizes the Counsel and attorneys to administer oaths (Section 164).
- Appropriates funds for salaries, equipment, and expenses (Section 165).
General Provisions (Sections 166-173):
- Defines key terms used in the Code (Section 166).
- Establishes penal provisions for violations of the Code (Section 167).
- Provides for pending applications for mechanization (Section 168).
- Regulates the absorption and separation of personnel from reorganized agencies (Section 169).
- Outlines budgeting and disbursement of appropriated funds (Section 170).
- Includes a separability clause for unconstitutional provisions (Section 171).
- Repeals inconsistent laws (Section 172).
- Sets the effective date of the Code (Section 173).
Declaration of Policy (Section 2):
- Establish owner-cultivatorship and economic family-size farms as the basis of Philippine agriculture.
- Divert landlord capital from agriculture to industrial development.
- Achieve a dignified existence for small farmers.
- Create a viable economic structure in agriculture.
- Apply labor laws equally to industrial and agricultural workers.
- Provide a vigorous land resettlement and public land distribution program.
- Make small farmers more independent, self-reliant, and responsible citizens.
Composition of the Code (Section 3):
- Establishes an agricultural leasehold system to replace share tenancy.
- Declares rights for agricultural labor.
- Creates an authority for land acquisition and distribution.
- Establishes an institution to finance land acquisition and distribution.
- Provides machinery for agricultural credit and technical services.
- Establishes a unified administration for land reform.
- Expands the land capability survey and registration program.
- Creates a judicial system for agrarian issues.
Agricultural Leasehold System (Sections 4-38):
- Abolishes agricultural share tenancy (Section 4).
- Establishes agricultural leasehold relations by operation of law or agreement (Sections 5-7).
- Regulates extinguishment, continuity, and transfer of leasehold relations (Sections 8-12).
- Requires affidavit for sale of land subject to pre-emption rights (Section 13).
- Exempts lands for residential, industrial, or similar purposes from pre-emption rights (Section 14).
- Regulates leasehold contracts, rental payments, and lease consideration (Sections 15-17, 33-35).
- Provides for lessee's rights, obligations, and prohibitions (Sections 23-28).
- Provides for lessor's rights, obligations, and prohibitions (Sections 29-32).
- Regulates irrigation system costs and exemptions (Sections 21-22, 32).
- Allows dispossession of lessee only with court authorization (Section 36).
- Establishes statute of limitations and burden of proof for ejectment (Sections 37-38).
Bill of Rights for Agricultural Labor (Sections 39-48):
- Grants rights to self-organization, concerted activities, minimum wage, limited work hours, damages, compensation, and protection against suspension or lay-off (Sections 39-46).
- Applies existing labor laws to agricultural workers (Section 47).
- Exempts farm enterprises comprising not more than 12 hectares from some provisions (Section 48).
Land Authority (Sections 49-73):
- Creates the Land Authority to implement land reform (Section 49).
- Outlines powers and functions, including land acquisition, distribution, resettlement, and public land administration (Section 51).
- Allows expropriation of private agricultural lands, subject to conditions and priorities (Section 51).
- Regulates expropriation proceedings, compensation, and land disposition (Sections 53-65).
- Provides for census of settlements and assistance to settlers (Sections 67-70).
- Allows sale of public lands to holders of bonds issued for expropriated lands (Section 71).
- Transfers powers, functions, and resources from abolished agencies (Section 73).
- Appropriates funds for operations and land capability survey (Sections 73, 132).
Land Bank (Sections 74-100):
- Establishes the Land Bank to finance land acquisition and distribution (Section 74).
- Outlines the Bank's powers, including bond issuance and investment (Sections 75-77).
- Provides for payment to landowners through cash, bonds, and preferred shares (Sections 80-83).
- Regulates the Bank's capital, shares, voting, and governance (Sections 81-90).
- Allows the Bank to receive deposits and make payments to landowners (Sections 79-80).
- Provides for the Bank's personnel, administration, and regulation (Sections 90-97).
- Grants the Bank tax exemptions and appropriates funds for its operations (Sections 98-99).
- Imposes penalties for violations of the Bank's provisions (Section 100).
Agricultural Credit Administration (Sections 101-118):
- Reorganizes the Agricultural Credit and Cooperative Financing Administration (Section 101).
- Appropriates funds for additional credit functions (Section 102).
- Grants the privilege of rediscounting with financial institutions (Section 103).
- Allows obtaining additional funds from financial institutions (Section 104).
- Directs loaning activities towards developing farmers' cooperatives (Section 105).
- Provides for credit to small farmers and cooperatives (Sections 106-109).
- Regulates interest rates on loans (Section 110).
- Allows for supervised credit programs (Section 111).
- Grants powers for guidance, auditing, and prosecution of cooperatives (Sections 112-114).
- Provides for free notarial and registration services for loans (Sections 115-116).
- Allows writing off uncollectible loans after 5 years (Section 117).
- Grants exemptions from duties, taxes, and levies (Section 118).
Agricultural Productivity Commission (Sections 119-125):
- Renames and reorganizes the Bureau of Agricultural Extension (Section 119).
- Outlines the Commissioner's qualifications and duties (Sections 120-121).
- Creates a Division on Cooperatives (Section 122).
- Provides for recruitment, selection, and training of extension workers (Section 123).
- Outlines the functions of extension workers (Section 124).
- Appropriates funds for operations (Section 125).
Land Reform Project Administration (Sections 126-131):
- Creates the National Land Reform Council to construct and implement land reform programs (Sections 126-128).
- Allows the Council to establish land reform districts and regional committees (Sections 129-130).
- Provides for Land Reform Project Teams to assess and plan local projects (Section 131).
Land Capability Survey and Classification (Sections 132-140):
- Authorizes the Land Authority to conduct a land capability survey (Section 132).
- Directs the Bureau of Lands to undertake an expanded cadastral survey (Section 133).
- Regulates costs, fees, and charges for cadastral surveys (Sections 134-138).
- Establishes a revolving fund for cadastral program financing (Section 139).
- Appropriates funds for the expanded cadastral survey program (Section 140).
Courts of Agrarian Relations (Sections 141-159):
- Establishes Courts of Agrarian Relations throughout the Philippines (Section 141).
- Constitutes regional districts and outlines the number of judges per district (Sections 142-148).
- Provides for the qualifications, tenure, compensation, and leave privileges of judges (Sections 144-145).
- Regulates the vacation period and assignment of judges (Sections 146-147).
- Outlines the jurisdiction of the Courts over agrarian matters (Section 154).
- Grants the Courts powers and prerogatives of the Court of First Instance (Section 155).
- Regulates appeals from the Courts' decisions (Section 156).
- Allows for the temporary assignment of judges to other districts (Section 157).
- Provides for the appointment and qualifications of court personnel (Section 158).
- Appropriates funds for the Courts' operations (Section 159).
Office of Agrarian Counsel (Sections 160-165):
- Expands the Tenancy Mediation Commission into the Office of Agrarian Counsel (Section 160).
- Creates additional positions for Special Attorneys (Section 161).
- Allows the Agrarian Counsel to appoint subordinate officials and employees (Section 162).
- Outlines the functions of representing agricultural lessees and workers (Section 163).
- Authorizes the Counsel and attorneys to administer oaths (Section 164).
- Appropriates funds for salaries, equipment, and expenses (Section 165).
General Provisions (Sections 166-173):
- Defines key terms used in the Code (Section 166).
- Establishes penal provisions for violations of the Code (Section 167).
- Provides for pending applications for mechanization (Section 168).
- Regulates the absorption and separation of personnel from reorganized agencies (Section 169).
- Outlines budgeting and disbursement of appropriated funds (Section 170).
- Includes a separability clause for unconstitutional provisions (Section 171).
- Repeals inconsistent laws (Section 172).
- Sets the effective date of the Code (Section 173).