Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House pitt no. 4698

INTRODUCED BY ANAKPAWIS PARTY-LIST REPRESENTATIVE
RAFAEL V. MARIANO

EXPLANATORY NOTE

The objective of this measure is to grant relief to the farmers in the
country who are regarded as the backbone of the economy and key player
in attaining food self-sufficiency of our country.

Seven (7) out of ten (10) farmers in the country do not own the
land they are tilling. Some of them have been awarded a piece of land
through the so-called “agrarian reform” but they have to pay the
corresponding amortizations either to the government or to the
landowners.

Farmers are said to be the most neglected sector in our country.
They have been deprived of the necessary support from the government
in terms of capital, necessary facilities for their produce and other
support services.

But being farmer-beneficiaries of agrarian reform do not mean that
farmers have security of tenure to the land they are tilling, Failure to pay
land amortizations will result to the foreclosure of land which eventually
will lead to the deprivation of their land that they have been long tilling,
and worse displacement. In case of farmer-beneficiaries of agrarian
reform paying amortizations directly to the landowners, failure to pay will
also result to their displacement.

Farmers, as much as possible and for whatever means, will keep
and fight for their land. To them, land is their life. Because of this, failure
to pay their exorbitant land amortizations cannot be said to be willful on
their part since they believe that such payments is a way of retaining
their land.

Farmers, alone, cannot be blamed for failing to pay amortizations.
There are factors that caused their inability to comply with their
obligations like the natural calamities such as typhoons, drought, pest
attacks, floods, landslides and La Nifia. For instance, from 1948-2007,
the country experienced one thousand one hundred sixty-one (1,161)
tropical cyclones (255 tropical depressions, 326 tropical storms and 580

typhoons). (PAGASA and www.typhoon2000.com).


Among the costliest of the tropical cyclones (1947-2006) are as

follows:
NAME PERIOD OF DAMAGE
OCCURRENCE IN PESOS*
{in Billion
Php)
1. _RUPING (Mike) November 10-14, 1990 10.846
2. ROSING (Angela) October 30-November 4, 10.829
1995
3. KADIANG (Flo) September 30-October 7, 8.752
1993
4. LOLENG (Babs) October 15-24, 1998 6.787.
5. MILENYO (Xangsane) September 25-30, 2006 6.61
6._UNSANG (Ruby} October 21-26, 1998 5.636
7._ILIANG (Zeb) October 7-18, 1998 5.375
8. REMING (Durian) November 26-December | 5.086
1, 2006
9. NITANG (Ike) August 31-September 4, 4.1
1984
10, REMING (Xangsane) October 26-November 1, | 3.944
2000
11, FERIA (Utor) July 2-7, 2001 3.586
12. HARUROT (Imbudo) July 19-23, 2003 3.24
‘Source: PAGASA and November 6-9, 2001 3.2
www.typhoon2000.com
14. MAMENG (Sybil) September 27-October 1, [3.17
1995,
October 16-31, 1991 3.072
16. YONING (Skip) November 5-8, 1988 2.767
(17. MONANG (Lola) December 2-7, 1993 2.463
18. SALING (Dot) October 15-20, 1985, 2.133
Source: PAGASA and August 7-14, 1987 2.066
www.typhoon2000.com
20. YOYONG (Nanmadol) November 29-December 2.036
L 4, 2004

In 2009, the country was visited by twenty-two (22) tropical

cyclones (seven (7) tropical depressions; eight (8) tropical storms and
seven (7) typhoons). Tropical storm Ondoy and Typhoon Pepeng are the
two (2) of the most destructive tropical cyclones in 2009. (2009 Annual
Report of PAGASA).

According to former Department of Agriculture (DA) Secretary
Arthur C. Yap, damage to crops and agriculture infrastructure caused by
the one-two-punch delivered by Tropical Storm “Ondoy” (international
codename: Ketsana) and Typhoon “Pepeng” (Parma) has exceeded P6
billion. (inquirer.Net, October 6, 2009)

Floods and landslides likewise caused tremendous damage to
agriculture. Just recently it was reported that National Disaster Risk
Reduction Management Council (NDRRMC) said that damages in
agriculture have reached P62.47 million. This includes the damaged


crops, livestock and fisheries in the provinces of Agusan del Norte,
Agusan del Sur, Surigao del Norte, Surigao del Sur, Dinagat Islands,
Lanao del Norte, Southern Leyte and Albay. (Inquirer.Net, January 11,
2011).

‘As of February 17, 2010, crop damage caused by the continuing
El .Nifio phenomenon has reached P3.77 billion. Department of
Agriculture (DA) Undersecretary Joel Rudinas said that corn damage has
reached P2 billion, while palay (paddy rice) damage has reached P1.7
billion. Damage to high-value commercial crops (HVC), on the other
hand, reached P1.3 million due to drought. (Philippine Headline News
Online Website, February 25, 2010).

The devastation of the crops, farmlands and _ related
infrastructures caused by the aforesaid calamities affect the farmers’
financial status which will then result to failure to make the necessary
payments. High prices of basic commodities and farm inputs, and
expensive social services are also additional expenses for farmers and
their families that contribute to their inability to pay land amortizations.

Left and right foreclosure cases, threat of displacement, huge
amount of indebtedness, high interest rates on farm capital and unpaid
amortizations including the compounding interests and penalties worsen
the situation of the farmers in our country.

In view of the foregoing, the passage of this bill is earnestly
requested.

“AEL V.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4698

INTRODUCED BY ANAKPAWIS PARTY-LIST REPRESENTATIVE
RAFAEL V. MARIANO

AN ACT

CONDONING THE ARREARS IN LAND AMORTIZATION INCLUDING

THE INTERESTS AND PENALTIES THEREOF OF FARMERS IN THE
COUNTRY

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Title - This Act shall be known as the “Land
Amortization Condonation Act of 2011.”

SECTION 2. Condonation Clause - Upon the effectivity of this
Act, the State shall condone the arrears in land amortization, being paid
to the government and/or directly to the landowner, including the
interests and penalties thereof in the following manner:

1. One hundred percent (100%) condonation of arrears in land
amortization, being paid to the government and/or directly to the
landowner, including the interests and penalties thereof shall be
granted to the following:

a. Farmers whose lands are subject of foreclosure cases or
proceedings;

b. Farmers whose arrears in land amortization, being paid to the
government and/or directly to the landowner, including the
interests and penalties thereof amounted to Fifty thousand
pesos (P50,000.00) and above;

2. Farmers whose arrears in land amortization, being paid to the
government and/or directly to the landowner, including the
interests and penalties thereof amounted to Twenty thousand
pesos (P20,000.00) and above but less than Fifty thousand pesos
(P50,000.00) shall be granted condonation of fifty percent (50%) of
their arrears;

3. Farmers whose arrears in land amortization, being paid to the
government and/or directly to the landowner, including interests
and penalties thereof amounted to Five thousand pesos


(P5,000.00) and above but less than Twenty thousand pesos
(P20,000.00) shall be granted condonation of twenty-five percent
(25%) of their arrears,

SECTION 3. Power to Condone - The Department of Agrarian
Reform (DAR) and the Land Bank of the Philippines (LBP) are hereby
granted the power to condone the arrears in land amortization including
the interests and penalties thereof in accordance with the provisions of
this Act.

A landowner directly receiving land amortization from farmers is
hereby required to condone their arrears in accordance with the
provisions of Section 2 of this Act

SECTION 4. Implementing Rules and Regulations ~ The
Department of Agrarian Reform (DAR), Land Bank of the Philippines
(LBP) and all government institutions involved in the distribution of land
are hereby required to promulgate the implementing rules and
regulations within sixty (60) days after the effectivity of this Act.

SECTION 5. Repealing Clause. — All laws, executive orders,
rules or regulations, or any part thereof, inconsistent with any provision
of this Act are hereby repealed or modified accordingly.

SECTION 6. Effectivity Clause. — This Act shall take effect
fifteen (15) days after its complete publication in the Official Gazette or in
at least two (2) national newspapers of general circulation.

Approved.