Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4693

HOUSE BILL NO.

INTRODUCED BY ANAKPAWIS PARTY-LIST REPRESENTATIVE
RAFAEL V, MARIANO

EXPLANATORY NOTE

Since the 1990s, when the implementation of liberalization
programs in the country went full throttle causing changes in the value
and use of land, farmers have long observed that there has been an
alarming increase in the rate of cases in which agrarian disputes are
tried in regular courts instead of the quasi-judicial and administrative
bodies created by law for the purpose. This phenomenon can be traced
from the fact that landlords find the regular courts as a more convenient
forum for perpetuating their malicious intent to evade land distribution.
To evade land distribution, landlords hail the farmers to regular courts
with civil and criminal suits even though the bare facts of the case clearly
show the dispute to be agrarian in nature. The Sentro para sa Tunay na
Repormang Agraryo Foundation Inc. (SENTRA), an institution that
provides legal aid to farmers with agrarian cases, affirms this. It has
reported that eighty-five percent (85%) of the cases that it handled are of
this nature.

‘This insidious landlord practice has become widespread due to the
fact that we have eleven (11) agrarian reform laws, including the
Comprehensive Agrarian Reform Law of 1988 (RA 6657), as amended,
that provide nothing in the way of protecting the security of tenure of
farmers for the simple reason that those 11 agrarian reform laws operate
upon a narrow definition of security of tenure. Among these agrarian
reform laws, RA 3844 is the singular statute that contains provision on
the security of tenure for the farmers. But its provision is flawed by the
fact that it defines security of tenure within the narrow parameters of
leasehold and other similar legal tenurial relationships, The result is that
many landless farmers who lie outside of this definition have become
vulnerable to the tactics or schemes of the landlords, “criminalizing” the
farmers’ act of tilling the land or slapping the latter with civil and
criminal suits. Needless to say but which it must be said, this is one
reason why those 11 agrarian reform programs had been a dismal failure.

This is only the legal situation. In practice, even legitimate lessees
and tenants were not spared from such insidious landlords’ practice by
the simple expedient of landlords disowning them as legitimate tenants.


More than a majority of our farmers are landless. As landless, they
ought in the spirit of social justice to have protection in tilling their land,
regardless of whether the farmers’ tilling or possessing of the land has
some legal basis or not.

This bill intends to expand the meaning of security of tenure of
farmers by way of providing that protection through the enactment of
measures that requires a prior determination by the Department of
Agrarian Reform (DAR), as elaborated in Section 4 thereof, before regular
courts may take cognizance of cases involving farmers and landlords or
anyone acting in behalf of the latter.

Support for this bill is earnestly requested.

‘AEL V. MARIANO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4639

HOUSE BILL NO.

RAFAEL V. MARIANO.

AN ACT
PROVIDING FOR THE SECURITY OF TENURE OF FARMERS AND
FOR OTHER PURPOSES

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

SECTION 1. Title - This Act shall be known and cited as
“Farmers’ Security of Tenure Act”.

SECTION 2. Declaration of Principles and Policies - It is the
declared policy of the State that the rights and welfare of the farmers be
accorded the highest priority to promote social justice and to move the
nation towards sound rural development and national industrialization

To this end, the security of tenure of farmers shall be ensured at
all times and they shall not be removed, ejected, ousted, excluded or
harassed from their farmholding.

SECTION 3. Security of Tenure of Farmers - ‘The tenure of
potential, qualified and awarded farmer-beneficiaries of agrarian reform
program shall be secured and they shall not be removed, ejected, ousted,
excluded or harassed from their farmholding unless directed by a final
decision or order of the court.

SECTION 4. Preliminary Determination of the Case - No court,
tribunal, or prosecutor in the Philippines, shall take cognizance of any
ejectment case or any other case designed to remove, eject, oust, exclude,
or harass potential, qualified and awarded farmer-beneficiaries of
agrarian reform program, unless certified by the Secretary of the
Department of Agrarian Reform as a proper case for trial or hearing by a
court or judge or other officer of competent jurisdiction and, if any such
case is filed, the case shall be referred to the Secretary of the Department
of Agrarian Reform for a preliminary determination if the case is an
agrarian matter, dispute or controversy as defined under pertinent laws
on agrarian reform. If the Secretary of the Department of Agrarian
Reform finds that the case is a proper case for the court or judge or other
hearing officer to hear, he/she shall so certify and such court, judge or


other hearing officers may assume jurisdiction over the dispute or
controversy.

The preliminary determination of the Secretary of the Department
of Agrarian Reform (DAR) that the case, dispute or controversy is an
agrarian matter is final.

If the case is certified as a proper case for trial, said certification is
not binding upon the court or judge or hearing officer. Said court or
judge or hearing officer may, after due hearing, conform, reverse or
modify said preliminary determination, as the evidence and substantial
merits of the case may warrant.

SECTION 5. Appearance and Representation - Potential,
qualified and awarded farmer-beneficiaries of agrarian reform program
and responsible farmer-leaders shall be allowed to represent themselves,
their fellow farmers, or their organizations in any proceedings before the
court or judge or hearing officer before the referral of the case to the
Secretary of the Department of Agrarian Reform and during the hearings
that may be conducted by said court or judge or hearing officer for the
confirmation, reversal or modification of the said preliminary
determination. Provided, That when there are two or more representatives
for any individual or group, the representatives should choose only one
among themselves to represent such party or group before any
proceedings.

Law students and law graduates but not yet members of the Bar,
shall be allowed to represent potential, qualified and awarded farmer-
beneficiaries of agrarian reform program before the said proceedings.
Provided, That they are equipped with authority from the farmer
beneficiaries.

SECTION 6. Pauper Litigant - Potential, qualified and awarded
farmer-beneficiaries of agrarian reform program shall be entitled to the
rights and privileges of a pauper litigant under existing laws without
further proof thereof. He shall continue to enjoy such status as a pauper
litigant in all levels of the proceedings until the case, if any, is
terminated.

SECTION 7. Penalties - The penalty of imprisonment of not less
than One (1) month to not more than three (3) years or a fine of not less
that fifteen thousand pesos (P15,000.00) or both, at the discretion of the
court shall be imposed upon:

(a) Any judge, prosecutor or hearing officer who shall take
cognizance of any case designed to remove, eject, oust, exclude, or harass
potential, qualified and awarded farmer-beneficiaries of agrarian reform
Program from their farmholding without first complying with the
provisions of Section 4 hereof;

(b) _ Any officer or employee of the government, including
members of the Armed Forces of the Philippines (AFP) and Philippine
National Police (PNP), who executes and orders for the removal,
ejectment, ouster, exclusion or harassment of potential, qualified,


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awarded farmer-beneficiaries of agrarian reform program from their
farmholding knowing that the said order is unlawful as provided in or in
violation of Section 4 hereof, and

(c) Any person or anybody acting for and in his/her behalf who
by any act, scheme, or strategy shall remove, eject, oust, exclude or
harass and/or cause the removal, ejectment, ouster, exclusion or
harassment of potential, qualified and awarded. farmer-beneficiaries of
agrarian reform program from their farmholding in contravention of this
Act.

SECTION 8. Jurisdiction - Cases involving violation of the penal
provisions of this Act shall exclusively be cognizable by Special Agrarian
Courts created under pertinent laws on agrarian reform, Provided, That
if such violation is committed by a judge of Special Agrarian Courts, the
case shall be tried by the courts of general jurisdiction.

SECTION 9. Implementing Guidelines - The Department of
Agrarian Reform, in consultation with the Supreme Court, is hereby
empowered to promulgate rules and regulations to implement this Act.

SECTION 10. Transitory Provision - All cases still pending
before any court, or other officer of competent jurisdiction or other
investigating body which are not yet submitted for decision or resolution
or if decided or resolved already but not yet final and executory shall
likewise be referred to the Department of Agrarian Reform for certification
as provided in the preceding section within forty-five (45) days after the
effectivity of this Act.

SECTION 11, Suppletory Application - All previous or existing
laws, decrees, executive orders, rules and regulations not inconsistent
with this Act shall have suppletory effect.

SECTION 12. Repealing Clause - All previous or existing laws,
decrees, executive orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 13. Separability Clause - If, for any reason, any
section or provision of this Act is declared null and void, no other section,
provision, or part thereof shall be affected and the same shall remain in
full force and effect.

SECTION 14. Effectivity Clause - This Act shall take effect
immediately after publication in at least two (2) national newspapers of
general circulation.

Approved.