Strengthening The Security Of Tenure Of Tenant-Tillers In Non-Rice/Corn Producing Private Agricultural Lands

Case Overview and Summary

Summary of Presidential Decree No. 1038

Strengthening the Security of Tenure of Tenant-Tillers in Non-Rice/Corn Producing Private Agricultural Lands

- Secures the tenure of tenant-tillers in private agricultural lands devoted to crops other than rice and corn, including but not limited to abaca, banana, coconut, coffee, mango, durian, and other permanent trees. (Section 1)
- No tenant-tiller shall be removed, ejected, ousted, or excluded from their farmholding unless for causes provided by law and directed by a final court decision or order. (Section 1)
- Courts, judges, or other hearing officers cannot take cognizance of any ejectment case or case designed to harass or remove a tenant-tiller unless certified by the Secretary of Agrarian Reform as a proper case for trial or hearing. (Section 2)
- If a case is filed, it must first be referred to the Secretary of Agrarian Reform or authorized representative for a preliminary determination of the relationship between the contending parties. (Section 2)
- The preliminary determination by the Secretary of Agrarian Reform is not binding on the court, judge, or hearing officer, who may confirm, reverse, or modify it after due hearing. (Section 2)
- All pending cases not yet submitted for decision or resolution must also be referred to the Department of Agrarian Reform for certification. (Section 3)
- Imposes a penalty of arresto mayor (imprisonment) or a fine of ₱1,000, or both, at the court's discretion, on: (Section 4)
    a. Any judge, fiscal, or hearing officer who takes cognizance of a case designed to exclude, oust, eject, or remove a tenant-tiller without complying with Section 2.
    b. Any government officer or employee, including members of the Armed Forces of the Philippines, who executes an unlawful order for the ouster, removal, exclusion, or ejectment of a tenant-tiller.
    c. Any landowner, landholder, agricultural lessor, or anyone acting on their behalf who ejects, excludes, ousts, or removes a tenant-tiller from their farmholding in contravention of this Decree.
- Cases involving violations of the penal provisions shall exclusively be cognizable by the Courts of Agrarian Relations, except if committed by a judge of general jurisdiction courts. (Section 5)
- The Department of Agrarian Reform is empowered to promulgate rules and regulations to implement this Decree. (Section 6)
- The Secretary of National Defense shall assist the Secretary of Agrarian Reform in implementing this Decree. (Section 7)
- All previous or existing laws, orders, rules, and regulations in conflict or inconsistent with this Decree are repealed or modified accordingly. (Section 8)
- This Decree takes effect immediately. (Section 9)