Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 4372

Introduced by: Deputy Speaker Pablo P. Garcia

The Comprehensive agrarian Reform Project or CARP is one of the most
ambitious socio-economic programs of the Government. It was launched in 1988
with the enactment of R.A. No. 6657 which was hailed as the “centerpiece
legislation” of the Aquino Administration. Its primarily and lofty objectives are

(1) Increased agricultural productivity

(2) Reduced poverty and enhanced the dignity and quality of the lives of the
farmers and farm workers.

(3) Promote rural development and industrialization.

The DAR is the principal agency charged with the implementation of the CARP
which, under Sec. 5 of R.A. No. 6657, is to be completed within a period of Ten (10)
Years from effectively of the Act.

After an implementation period that stretched for Twenty (20) Years (the
original 10-year period having been extended for another ten (10) years by R.A No.
8532) and after spending more than ONE HUNDRED THIRTY BILLION PESOS
(130,000,000.00) the question that may be asked, at this point is: Has actual
performance in implementation of CARP measured up to its lofty ambition?

There is a famous Latin Maxim: “Res ipsa loquitor” which means: the thing
speaks for itself.” Perhaps, it would be injudicious or even self-serving for its principal
implementor- the DAR, to speak for CARP. So, let us let the FACTS -the
uncomfortable yet undeniable facts speak.

FACT NO.1

Whether some quarters will like it or not, the fact remains that CARP failed to
meet two (2) self-imposed deadlines. Under RA No. 6657, the CARP
implementation was supposed to be completed in Ten (10) Years after the effectivity
of Act, or 1998. Its principal implementor, DAR , failed to meet the deadline. So DAR
came to Congress to ask for an extension of Ten (10) Years for the completion of
CARP’s implementation or until 2008. Congress obliged by passing R.A 8532 and
extended CARP until 2008. DAR FAILED again to meet this deadline set by R.A No.
8532. So DAR, after TWO (2) failures, DAR again asked for another extension of
FIVE YEARS from congress and the latter granted the request with the enactment of
RA No. 9700. As a friend of mine has put it: “This is truly one of those very rare
instances where a program's failure is used to justify its continuation.” By the way,
the CARP is the longest running agrarian reform program in the world


Incidentally, according to the DAR GTZ Report (DAR's study on CARP
implementation funded by the German Technical Corporation —GTZ), of the thirty-
three (33)countries in the world that adopted an agrarian reform program, all failed
except three, namely Japan, Taiwan and Korea. And, in these three countries, their
programs were implemented in less than 10 years. In the Philippines, if you add to
CARP, the years from the start of the agrarian reform program under R.A. No. 3844
in 1963, then we have 45 years of agrarian reform — the longest running agrarian
reform program in the whole world- a record deserving of entry into the “Guinness
Book of World Records”.

FACT NO. 2

Agrarian Productivity Has Not Increased with CARP. Instead, It Has
Deteriorated.

Again, according to DAR's own GTZ-DAR Report, Philippine agriculture is
now in a ‘state of distress’. The agricultural trade balance has had a clear
deteriorating trend since the enactment of the CARP law, with the country having
been transformed from a net agricultural exporter into a net agricultural importer.

This deterioration has been compounded by the fact of DAR's erroneous
mindset that agrarian reform consists ONLY in the physical redistribution of lands
and the measure of its advancement is by number of hectares it has physically
redistributed. This mindset has resulted in the irrational and indiscriminate
fragmentation of agricultural practices. On this point, the GTZ-DAR Report states:

“a worldwide review of agrarian reform initiatives over the last 50 years
reveals that redistributive land reform has frequently not succeeded in
attaining its prescribed goals. Lands distribution patterns unequal and rural
poverty remains unchanged.”

Our country's average agricultural growth rate from 1985 to 1994 was 1.5%
the lowest among 11 countries in Asia. From 1995-2000, it merely increased to
almost 2% making the Philippines 8 among the 11. Our rice yield of 2.5 tons per
hectare is the lowest in Asia. In recent years, we have been the largest single

importer of Vietnam's rice export (Dr. Bolisacan, Economist, poverty export and U.P.
Los Banos Professor).

FACT NO 3.
CARP Has Not Reduced Rural Poverty Nor Promoted Rural Development.

(a) According to the same GTZ-DAR Report already referred to above despite a
total of 34 years of Agrarian reform ‘it has failed to significantly reduce rural
poverty levels.”

(b) In the book: The Anti-Development State: The Political Economy of
Permanent Crisis in the Philippines, Prof. Walden Bello, et. Al., point out:

“according to DAR's own ARC Level of Development Assessment
(2000), over 80% of agrarian reform communities have average
household incomes below the national average. Clearly despite the
finding that CARP does benefit farmers, it does not raise the majority of


them above the poverty line. CARP beneficiaries cannot show proof
that they are better than majority of the poor in this county.”

(c) Recent surveys’ by the Center for Peasant Education Services (CPES) in
Southern Tagalog and Central Luzon showed that 3 out of 5 beneficiaries of
Certificate of Land Transfer (CLOAS) or Emancipation Patents sold their
rights or mortgage then abandoned their properties because of poverty.

Having said all of the above, the next question that arises is:
WHATS WRONG WITH CARP OR ITS IMPLEMENTATION?

Consider the following:

1) DAR is implementing CARP in a manner that violates the letter and spirit
of the Constitution and the Rule of Law. Result: widespread of injustice,
conflict and confrontation, illegal and corrupt practices.

2) DAR's erroneous mindset that Agrarian Reform consists only in the
physical distribution of lands (forgetting that under R.A. No. 6657 there are
other lawful arrangements alternative to physical redistribution of lands)
has brought about the irrational fragmentation of agricultural lands. The
average farm-size of the more than 4 Million ARB's is 1.4 hectares,
thereby making it extremely difficult to modernize and mechanize and
apply the economics f scale in the operation of these farms. Results:
Decreasing agricultural productive and worsening rural poverty.

3

The prohibition against the sale, lease or mortgage of agricultural lands
has unreasonably locked up or frozen hundreds of Billions of Pesos of
investible capital from land assets. This capital could have been used to
promote economic development and create more jobs and economic
benefits for our people. This self-imposed prohibition is simply illogical
unrealistic and even, perhaps, masochistic.

This bill is intended to correct the ambiguities and inadequacies of R.A.
No. 6657 and the errors of its implementation by DAR which have been
mainly responsible for the unfortunate state of CARP in the country today,
and in order that the lofty and ambitious objectives of CARP — increased
agricultural productivity, poverty alleviation, rural development and
industrialization may be achieved in a manner consistent with the
Constitution mandate and the Rule of Law.

Hence, early approval of this Bill earnestly apd respectfully requested.

LO/P. GARCIA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 4372

Introduced by Deputy Speaker Pablo P. Garcia

AN ACT

TO STRENGTHEN AND RATIONALIZE THE IMPLEMENTATION OF THE
COMPREHENSIVE AGRARIAN REFORM PROGRAM SO AS TO CONFORM TO
THE MANDATE OF THE CONSTITUTION AND UPGRADE AGRICULTURAL
MANAGEMENT AND PRODUCTIVITY AND THEREBY CONTRIBUTE TO
NATIONAL ECONOMIC DEVELOPMENT AND THE UPLIFTMENT OF THE
ECONOMIC STATUS OF THE FARMERS AND FARMWORKERS WHO ARE THE
LEGITIMATE BENEFICIARIES OF THE PROGRAM, AMENDING FOR THE
PURPOSE R.A. NO. 6657, AS AMENDED.

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

SECTION 1. This Act shall be known as the Agrarian Reform Rationalization
and Modernization Act of 2011

SEC. 2. Paragraph (d) of Section 3 of R.A. No. 6657, as amended, otherwise
known as the Comprehensive Agrarian Reform Law of 1988, is hereby further
amended to read as follows:

‘Section 3. Definitions. - For the purpose of this Act, unless the context indicates
otherwise:

“(a) xxxxx
“(b) xxxxx

"(C)XXxxx


“(d) Agrarian Dispute refers to any controversy relating to tenurial arrangements,
whether leasehold, tenancy, stewardship or otherwise, over lands devoted to
agriculture, including disputes concerning farm workers’ associations or
representation of persons in negotiating, fixing, maintaining, changing or seeking to
arrange terms or conditions of such tenurial arrangements.

“It includes any controversy relating to THE PAYMENT OR AMORTIZATION OF
THE compensation of lands acquired under this Act and other terms and conditions
of transfer of ownership from landowners to farm workers, tenants and other agrarian
reform beneficiaries, whether the disputants stand in the proximate relation of farm
operator and beneficiary, landowner and tenant, or lessor and lessee.

“(e)xxxxx”

SEC. 3. Section 6 of R.A. No. 6657, as amended, is hereby further amended to read
as follows

“SEC. 6. Retention Limits. - WHENEVER ANY PRIVATE AGRICULTURAL LAND IS
EXPROPRIATED BY THE GOVERNMENT FOR REDISTRIBUTION TO THE
FARMERS OR REGULAR FARMWORKERS IN ACCORDANCE WITH THE
PROVISIONS OF THIS ACT, [Except as otherwise provided in this Act, no person
may own or retain, directly, any public or private agricultural land, the size of which
shall vary according to factors governing a viable family-sized farm, such as
commodity produced, terrain, infrastructure, and soil fertility as determined by the
Presidential Agrarian Reform Council (PARC) created hereunder, but in no case shall
the retention by] the landowner SHALL BE ENTITLED TO RETAIN SUCH PORTION
OF THE LAND REMAINING AFTER THE AWARD TO QUALIFIED BENEFICIARIES
OR AT LEAST AN AREA OF SUCH LAND NOT EXCEEDING [exceed] five (5)
hectares[.] AND AN ADDITIONAL AREA OF THREE [Three] (3) hectares FOR
EVERY [may be awarded to each] child of the landowner, subject to the following
qualifications: (1) that he is at least fifteen (15) years of age; and (2) that he is
actually tilling the land or directly managing the farm. PROVIDED, HOWEVER,
THAT IN CASE THE FARMERS OR REGULAR FARMWORKERS WAIVE OR ARE
NOT INTERESTED TO EXERCISE THEIR RIGHT TO OWN THE LANDS THEY
TILL BUT DECIDE TO CONTINUE TILLING THE LAND AS FARMERS OR
REGULAR FARMWORKERS, THE DAR SHALL RESPECT THEIR DECISION AND
THE LANDOWNER SHALL GUARANTEE THEIR SECURITY OF TENURE AND
SHALL HAVE THE OBLIGATION TO ASSIST THE FARMERS OR REGULAR
FARMWORKERS IN CULTIVATING THE LAND SO AS TO MAKE IT
PRODUCTIVE; PROVIDED, FURTHER, THAT SAID FARMERS OR REGULAR
FARMWORKERS SHALL BE ENTITLED TO RECEIVE ALL THE BENEFITS DUE


THEM UNDER EXISTING LAWS [: Provided, That landowners whose lands have
been covered by Presidential Decree No. 27 shall be allowed to keep the area
originally retained by them thereunder; Provided, further, That original homestead
grantees or direct compulsory heirs who still own the original homestead at the time
of the approval of this Act shalll retain the same areas as long as they continue to
cultivate said homestead).

“[The right to choose the area to be retained, which shall be compact or contiguous,
shall pertain, to the landowner: Provided, however, That in case the area selected for
retention by the landowner is tenanted, the tenant shall have the option to choose
whether to remain therein or be a beneficiary in the same or another agricultural land
with similar or comparable features. In case the tenant chooses to remain in the
retained area, he shall be considered a leaseholder and shall lose his right to be a
beneficiary under this Act. In case the tenant chooses to be a beneficiary in another
agricultural land, he loses his right as a leaseholder to the land retained by the
landowner. The tenant must exercise this option within a period of one (1) year from
the time the landowner manifests his choice of the area for retention.

“In all cases, the security of tenure of the farmers or farm workers on the land prior to
the approval of this Act shall be respected.

“Upon the effectivity of this Act, any sale, disposition, lease, management contract or
transfer of possession of private lands executed by the original landowner in violation
of this Act shall be null and void: Provided, however, That those executed prior to this
Act shall be valid only when registered with the Register of Deeds within a period of
three (3) months after the effectivity of this Act. Thereafter, all Registers of Deeds
shall inform the DAR within thirty (30) days of any transaction involving agricultural
lands in excess of five (5) hectares.”

SEC. 4. Paragraph (c) of Section 10 of R.A. No. 6857, as amended, is hereby further
amended to read as follows:

“SEC. 10. Exemptions and Exclusions.-

“(a) xxxxx

“(b) xxxxx


“(c) Lands actually, directly and exclusively used and found to be necessary for
national defense, school sites and campuses, including experimental farm stations
operated by public or private schools for educational purposes, seeds and seedlings
research and pilot production center, church sites and convents appurtenant thereto,
mosque sites and Islamic centers appurtenant thereto, communal burial grounds and
cemeteries, penal colonies and penal farms actually worked by the inmates,
government and private research and quarantine centers and all lands with eighteen
percent (18%) slope and over, except those already TILLED AND developed BY
TENANTS OR LESSEES, shall be exempt from the coverage of this Act.”

SEC. 5. Section 13 of RA. No. 6657, as amended, is hereby further amended to
read as follows:

“SEC. 13. Production-Sharing Plan AND LABOR ADMINISTRATION. - Any
enterprise adopting the scheme provided for in Section 32 or operating under a
production venture, lease, management contract or other similar arrangement and
any farm covered by Sections 8 and 11 hereof is hereby mandated to execute within
ninety (90) days from the effectivity of this Act, a production-sharing plan under
guidelines prescribed by the appropriate government agency.

“IN CASE THE FARM IS OPERATED BY THE LANDOWNER OR UNDER LABOR
ADMINISTRATION THROUGH THE EMPLOYMENT OF FARMWORKERS, THE
LANDOWNER SHALL COMPLY WITH THE MINIMUM WAGE AND LABOR
STANDARDS FIXED BY EXISTING LABOR LAWS.

KKK”

SEC. 6. There shall be incorporated a new section under Chapter III of Republic Act
No. 6657, as amended, to be known as Section 13-A to read as follows:

“SEC. 13-A. AGRO-INDUSTRIAL ENTERPRISES. IN ORDER TO ENCOURAGE
AND ACCELERATE AGRICULTURAL MODERNIZATION AS MANDATED BY R.A.
NO. 8435, OTHERWISE KNOWN AS THE AGRICULTURAL AND FISHERIES
MODERNIZATION ACT, AND TO TAKE ADVANTAGE OF THE ECONOMIES OF
SCALE, MECHANIZATION AND THE APPLICATION OF NEW TECHNOLOGIES,
PRIVATE AGRICULTURAL LANDS MAY BE OPERATED AS AGRO-INDUSTRIAL
ENTERPRISES THROUGH LABOR ADMINISTRATION AS A MODE OF
AGRARIAN REFORM ALTERNATIVE TO PHYSICAL REDISTRIBUTION, AS


PROVIDED UNDER SEC. 3(A) HEREOF; PROVIDED, THAT THE
FARMWORKERS SHALL BE GRANTED ALL THE MONETARY AND OTHER
BENEFITS DUE THEM UNDER R.A. NO. 3844 AND EXISTING LABOR LAWS.

‘IN THE CASE OF AGRICULTURAL LANDS ALREADY DISTRIBUTED IN
ACCORDANCE WITH THE PROVISIONS OF THIS ACT, R.A. NO. 3844 OR P.D.
NO. 27, THE AGRARIAN REFORM BENEFICIARIES MAY POOL AND
CONSOLIDATE THEIR FARM LOTS AND ENTER INTO JOINT-VENTURE
AGREEMENTS WITH THE LANDOWNER OR OTHER AGRO-INDUSTRIAL
INVESTORS FOR THE PRODUCTIVE UTILIZATION AND DEVELOPMENT OF
THEIR CONSOLIDATED FARMS.”

SEC. 7. Section 16 of R.A. No. 6657, as amended, is hereby further amended to
Tread as follows:

SEC. 16. Procedure for Acquisition and Distribution of Private Lands. - For purposes
of acquisition of private lands, the following procedures shall be followed:

“(a) AS MANDATED BY SECTION 4, ARTICLE XIll OF THE
CONSTITUTION, ONLY FARMERS (TENANTS, LESSEES) AND REGULAR
FARMWORKERS WHO ARE LANDLESS ARE ENTITLED TO OWN THE LANDS
THEY TILL [After having identified the land, the landowners and the beneficiaries, the
DAR shall send its notice to acquire the land to the owners thereof, by personal
delivery or registered mail, and post the same in a conspicuous place in the
municipal building and barangay hall of the place where the property is located. Said
notice shall contain the offer of the DAR to pay a corresponding value in accordance
with the valuation set forth in Sections 17, 18, and other pertinent provisions hereof]

“(b) UPON WRITTEN APPLICATION BY THE FARMERS OR BY MAJORITY OF
THE REGULAR FARMWORKERS WORKING ON THE LAND FILED WITH THE
DAR SIGNIFYING THEIR INTENTION TO OWN THE LANDS THEY TILL, THE DAR
SHALL SEND ITS NOTICE TO ACQUIRE THE LAND COVERED BY THE
APPLICATION TO THE LANDOWNER THEREOF BY PERSONAL DELIVERY OR
REGISTERED MAIL. SAID NOTICE SHALL CONTAIN A TECHNICAL
DESCRIPTION OF THE LAND OR PORTION THEREOF SOUGHT TO BE
ACQUIRED AND AN OFFER TO PAY THE JUST COMPENSATION FOR THE
LAND [Within thirty (30) days from the date of receipt of written notice by personal
delivery or registered mail, the landowner, his administrator or representative shall
inform the DAR of his acceptance or rejection of the offer]


“(c) WITHIN THIRTY (30) DAYS FROM RECEIPT OF THE NOTICE, THE
LANDOWNER OR HIS REPRESENTATIVE SHALL INFORM THE DAR OF HIS
ACCEPTANCE OR REJECTION OF THE PROPOSED ACQUISITION OF HIS
LAND OR THE JUST COMPENSATION OFFERED [If the landowner accepts the
offer of the DAR, the LBP shall pay the landowner the purchase price of the land
within thirty (30) days after he executes and delivers a deed of transfer in favor of the
Government and surrenders the Certificate of Title and other muniments of title]

“(d) IF THE LANDOWNER ACCEPTS THE PROPOSED ACQUISITION AND THE
JUST COMPENSATION OFFERED, THE LBP SHALL PAY THE LANDOWNER THE
PURCHASE PRICE OF THE LAND WITHIN THIRTY (30) DAYS AFTER THE
EXECUTION OF THE DEED OF TRANSFER IN FAVOR OF THE GOVERNMENT;
PROVIDED, HOWEVER, THAT THE TITLE TO THE LAND SHALL NOT BE
TRANSFERRED TO THE GOVERNMENT UNTIL FULL PAYMENT OF THE
PURCHASE PRICE [In case of rejection or failure to reply, the DAR shall conduct
summary administrative proceedings to determine the compensation of the land by
requiring the landowner, the LBP and other interested parties to summit evidence as
to the just compensation for the land, within fifteen (15) days from the receipt of the
notice. After the expiration of the above period, the matter is deemed submitted for
decision. The DAR shall decide the case within thirty (30) days after it is submitted
for decision}

“(e) IN CASE OF OBJECTION TO THE PROPOSED ACQUISITION OR TO THE
PRICE OFFERED OR FAILURE TO REPLY ON THE PART OF THE LANDOWNER
AFTER THIRTY (3) DAYS FROM RECEIPT OF THE NOTICE, THE DAR, UPON
SPECIFIC AUTHORIZATION BY PARC, SHALL PROCEED TO THE
COMPULSARY ACQUISITION OF THE LAND BY FILING THE NECESSARY
EXPROPRIATION PROCEEDING, IN ACCORDANCE WITH RULE 67 OF THE
RULES OF COURT, WITH THE SPECIAL AGRARIAN COURT [Upon receipt by the
landowner of the corresponding payment or in case of rejection or no response from
the landowner, upon the deposit with an accessible bank designated by the DAR of
the compensation in cash or LBP bonds in accordance with this Act, the DAR shall
take immediate possession of the land and shall request the proper Register of
Deeds to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the
Philippines. The DAR shall thereafter proceed with the redistribution of the land to
the qualified beneficiaries)

“(f) THE CITY OR MUNICIPALITY IN WHICH THE LAND IS LOCATED SHALL BE
NOTIFIED OF THE EXPROPRIATION PROCEEDING AND SHALL BE ALLOWED
TO INTERVENE IN CASE THE INTENDED ACQUISITION IS IN CONFLICT WITH
ITS LAND USE AND DEVELOPMENT PLAN [Any party who disagrees with the
decision may bring the matter to the court of proper jurisdiction for final determination
of just compensation].”


SEC. 8. Section 22 of R.A. No. 6657, as amended, is hereby further amended to
tead as follows:

“SEC. 22. Qualified Beneficiaries. - The lands covered by the CARP shall be
distributed as much as possible to landless residents of the same barangay, or in the
absence thereof, landless residents of the same municipality WHO ARE THE
TILLERS OF SAID LANDS in the following order of priority:

KKK

“Provided, however, That the children of landowners who are qualified under Section
6 of this Act shall be given preference in the distribution of the land of their parents;
and: Provided, further, that actual tenant -tlers in the landholding shall not be
ejected or removed therefrom.

“LANDLESS SEASONAL AND OTHER WORKERS ARE ENTITLED TO RECEIVE A
JUST SHARE OF THE FRUITS OF THE LAND BUT THEY MAY BE RESETTLED
AND GIVEN LAND IN LANDS OF THE PUBLIC DOMAIN OR IN AGRICULTURAL
ESTATES OWNED BY THE GOVERNMENT.

“Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of,
or abandoned their land are disqualified to become beneficiaries under their program.

xe xvext

SEC. 9. Section 24 of R.A. No. 6657, as amended, is hereby further amended to
read as follows:

“SEC. 24. Award to Beneficiaries. - The rights and responsibilities of the
beneficiaries shall commence from their receipt of a duly registered emancipation
patent or certificate of land ownership award and their actual physical possession
of the awarded land. Such award shall be completed in not more than one
hundred eighty (180) days from the date of registration of the title in the name of
the Republic of the Philippines: PROVIDED, THAT THE TITLE OF THE
EXPROPRIATED LAND SHALL NOT BE TRANSFERRED TO THE



GOVERNMENT UNTIL FULL PAYMENT OF THE COMPENSATION TO THE
LANDOWNER AND PROVIDED FURTHER, THAT IN TRANSACTIONS
DEALING WITH LANDS REGISTERED UNDER THE LAND REGISTRATION
ACT, THE REGISTER OF DEEDS SHALL OBSERVE STRICTLY THE
PROVISIONS OF SAID ACT AND THE PROPERTY REGISTRATION DECREE.
Provided FURTHER, That the emancipation patents, the certificates of land
‘ownership award, and other titles issued under any agrarian reform program shall
be indefeasible and imprescriptible after one (1) year from its registration with the
Office of the Registry of Deeds, subject to the conditions, limitations and
qualifications of this Act, the property registration decree, and other pertinent
laws. The emancipation patents or the certificates of land ownership award being
titles brought under the operation of the torrens system, are conferred with the
same indefeasibility and security afforded to all titles under the said system, as
provided for by Presidential Decree No. 1529, as amended by Republic Act No.
6732.

XXX”

SEC. 10. Section 50 of R.A. No. 6657, as amended, is hereby further amended to
read as follows:

"SEC. 50. Quasi-Judicial Powers of the DAR. - The DAR is hereby vested with
primary jurisdiction to determine and adjudicate agrarian reform matters and shall
have exclusive original jurisdiction over all AGRARIAN DISPUTES AS DEFINED
IN SECTION 3(D) OF THIS ACT [matters] involving the implementation of
agrarian reform, except those falling under the exclusive jurisdiction of the
SPECIAL AGRARIAN COURTS, Department of Agriculture (DA) and the DENR.

XXKKX

SEC. 11. Section 57 of R.A. No. 6657, as amended, is hereby further amended to
read as follows

“SEC. 57. Special Jurisdiction. - The Special Agrarian Courts shall have original and
exclusive jurisdiction over all petitions for EXPROPRIATION FOR THE
COMPULSARY ACQUISITION OF PRIVATE AGRICULTURAL LANDS FOR THE
AGRARIAN REFORM PROGRAM AND the determination of just compensation to
landowners, and the prosecution of all criminal offenses under this Act. The Rules of
Court shall apply to all proceedings before the Special Agrarian Courts unless


modified by this Act.[.] AND ALL OTHER CASES INVOLVING RIGHTS WHICH ARE
LEGALLY DEMANDABLE AND ENFORCEABLE UNDER RA 6657, RA 3844, AS
AMENDED, PRESIDENTIAL DECREE NOS. 27 AND 266 AND OTHER AGRARIAN
LAWS.

“The Special Agrarian Courts shall decide all appropriate cases under their special
jurisdiction within thirty (30) days from submission of the case for decision.”

SEC. 12. Section 70 of R.A. No. 6657, as amended, is hereby amended to read as
follows:

“SEC. 70. Disposition, LEASE OR MORTGAGE of Private Agricultural Lands. - The
sale AND [or] disposition, LEASE OR MORTGAGE of PRIVATE agricultural lands
FOR WHICH NO EXPROPRIATION PROCEEDING HAS BEEN FILED WITH THE
SPECIAL AGRARIAN COURT BY DAR SHALL BE LAWFUL AND VALID:
PROVIDED, THAT SUCH SALE AND DISPOSITION, LEASE OR MORTGAGE IS
WITH THE CONFORMITY OF THE FARMERS OR REGULAR FARM WORKERS
WORKING ON THE LAND, AND PROVIDED, FURTHER, THAT THEIR SECURITY
OF TENURE AND OTHER RIGHTS UNDER EXISTING LAWS ARE NOT
IMPAIRED. [retained by a landowner as a consequence of Section 6 hereof shall be
valid as long as the total landholdings that shall be owned by the transferee thereof
inclusive of the land to be acquired shall not exceed the landholdings ceilings
provided for in this Act. Any sale or disposition of agricultural lands after the
effectivity of this Act found to be contrary to the provisions hereof shall be null and
void.]

“Transferees, LESSEES OR MOTGAGEES of agricultural lands shall REGISTER
THE SALE, CONVEYANCE, LEASE OR MORTGAGE WITH THE REGISTER OF
DEEDS AND furnish A COPY THEREOF TO THE DAR. THE TRANSFEREE OR
LESSEE SHALL, IN ADDITION, EXECUTE AN AFFIDAVIT TO THE EFFECT THAT
HE, TOGETHER WITH HIS TENANTS OR WITH HIS FARMWORKERS, THROUGH
LABOR ADMINISTRATION, SHALL MAKE THE LAND PRODUCTIVE. THIS
AFFIDAVIT SHALL BE FILED WITH THE REGISTER OF DEEDS AND COPY
FURNISHED TO THE DAR. [the appropriate Register of Deeds and the BARC with
an affidavit attesting that his total landholdings as a result of the said acquisition do
Not exceed the landholding ceiling. The Register of Deeds shall not register the
transfer of any agricultural land without the submission of this sworn statement
together with proof of service of a copy thereof to the BARC.’

‘SEC. 14. Paragraphs (a) and (e) of Section 73 of R.A. No. 6857, as amended, are
hereby amended to read as follows:


“SEC. 73. Prohibited Acts and Omissions. - The following are prohibited:

“(a) The ownership or possession, for the purpose of circumventing the provisions of
this Act, of agricultural lands EXPROPRIATED AND DISTRIBUTED PURSUANT TO
THE PROVISIONS OF THIS ACT, in excess of the total retention limits or award
ceilings ADJUDICATED IN THE CASE by any person, natural or juridical, except
those under collective ownership by farmer-beneficiaries.

XXXXX

“(e) The sale, transfer, conveyance MORTGAGE or change of the nature of lands
outside of urban centers and city limits either in whole or in part after the effectivity of
this Act FOR THE PURPOSE OF CIRCUMVENTING ITS PROVISIONS. The date of
the registration of the deed of conveyance in the Register of Deeds with respect to
titled lands and the date of the issuance of the tax declaration to the transferee of the
property with respect to unregistered lands, as the case may be, shall be conclusive
for the purpose of this Act;

"KK"

SEC. 14, Any law, decree, executive order, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 15. This Act shall take effect immediately after publication in two (2)
newspapers of general circulation in the Philippines.

Approved,