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PRESIDENTIAL DECREE NO. 410
PRESIDENTIAL DECREE NO. 410 -
DECLARING ANCESTRAL LANDS OCCUPIED AND CULTIVATED BY NATIONAL CULTURAL
COMMUNITIES AS ALIENABLE AND DISPOSABLE, AND FOR OTHER PURPOSES
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WHEREAS, it
is the avowed policy of the Government to assist landless tenants,
whether Christian or Muslim, in acquiring full ownership of the lands
occupied or cultivated by them;chanroblesvirtualawlibrary
WHEREAS, tenants in agricultural lands primarily devoted to rice and
corn production have been granted the fullest opportunity to own the
land tilled by them in the easiest possible way and under terms less
burdensome to them;chanroblesvirtualawlibrary
WHEREAS, under the New Society, the social justice programs are given
top priority, and in furtherance thereof a greater portion of the
resources of the Government have been channeled to them;chanroblesvirtualawlibrary
WHEREAS, in order to give greater substance to these social justice
programs and the endeavors to bring forth equality for all the citizens
of this Republic, it is required that landless Muslims and members of
other cultural minority groups shall be given the same opportunity to
own the lands occupied and cultivated by them, which lands were
likewise occupied and cultivated by their ancestors.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by
virtue of the powers in me vested by the Constitution as
Commander-in-Chief of the Armed Forces of the Philippines, and pursuant
to Proclamation No. 1081 dated September 21, 1972 and General Order No.
1 dated September 22, 1972, as amended, do hereby decree and order:cralaw:red
Section 1. Ancestral Lands. — Any provision of law,
decree, executive order, rule or regulation to the contrary
notwithstanding all unappropriated agricultural lands forming part of
the public domain at the date of the approval of this Decree occupied
and cultivated by members of the National Cultural Communities for at
least ten (10) years before the effectivity of this Decree,
particularly in the provinces of Mountain Province, Cagayan, Kalinga
Apayao, Ifugao, Mindoro, Pampanga, Rizal, Palawan, Lanao del Sur, Lanao
del Norte, Sultan Kudarat, Maguindanao, North Cotabato, South Cotabato,
Sulu, Tawi-Tawi, Zamboanga del Sur, Zamboanga del Norte, Davao del Sur,
Davao del Norte, Davao Oriental, Davao City, Agusan, Surigao del Sur,
Surigao del Norte, Bukidnon, and Basilan are hereby declared part of
the ancestral lands of these National Cultural Communities and as such
these lands are further declared alienable and disposable if such lands
have not been earlier declared as alienable and disposable by the
Director of Forest Development, to be distributed exclusively among the
members of the National Cultural Communities concerned, as defined
under the Constitution and under Republic Act Numbered Eighteen hundred
eighty-eight: Provided, however, That lands of the public domain
heretofore reserved for settlement purposes under the administration of
the Department of Agrarian Reform and other areas reserved for other
public or quasi-public purposes shall not be subject to disposition in
accordance with the provisions of this Decree: Provided, further, That
the Government in the interest of its development program, may
establish agro-industrial projects in these areas for the purpose of
creating conditions for employment and thus further enhance the
progress of the people. chanroblesvirtualawlibrary
For purposes of this Decree, ancestral lands are lands of the public
domain that have been in open, continuous, exclusive and notorious
occupation and cultivation by members of the National Cultural
Communities by themselves or through their ancestors, under a bona fide
claim of acquisition of ownership according to their customs and
traditions for a period of at least thirty (30) years before the date
of approval of this Decree. The interruption of the period of their
occupation and cultivation on account of civil disturbance or
force majeure shall not militate against their right granted under this
Decree.
Section 2. In provinces other than those enumerated
under Section 1 hereof where there are National Cultural Communities,
the President upon the recommendation of the Secretary of Agriculture
and Natural Resources shall designate the areas to be set aside as
ancestral lands.
Section 3. Upon the approval of this Decree, the
lands herein mentioned for the National Cultural Communities shall be
identified, surveyed and subdivided by the Bureau of Lands into
family-sized farm lots not exceeding five (5) hectares each and shall
be allocated to members of the National Cultural Communities under such
terms and conditions prescribed in this Decree or to be prescribed in
the rules implementing this Decree.
Section 4. Land Occupancy Certificate shall be issued
to all members of the National Cultural Communities who are presently
occupying and cultivating lands of the public domain within ancestral
lands as defined in this Decree. chanroblesvirtualawlibrary
To expedite the issuance of these Land Occupancy Certificate, the
District Land Officers are hereby authorized to sign them in behalf of
the Secretary of Agriculture and Natural Resources.
Section 5. No land granted in accordance with this
Decree shall be transferred, sold or otherwise alienated within a
period of ten (10) years after acquisition of such lands or any right
or interest thereto except in favor of the cooperative of which the
owner is a member or in favor of the Government or any of its agencies,
branches or instrumentalities.
Section 6. The Secretary of Agriculture and Natural
Resources, who shall be the implementing officer for this Decree, upon
the recommendation of the Director of Lands, and the Director of Forest
Development shall promulgate rules and regulations necessary for the
proper implementation of this Decree.
Among others, the implementing rules shall provide:cralaw:red
(1) That a recipient of the lands allocated under
this Decree must first be a member of a farmer cooperative within his
community before a Certificate of Land Occupancy shall be issued to him.
(2) That no mortgage of or other encumbrances on any
such lands, rights or interest therein, shall be valid unless approved
by the Secretary of Agriculture and Natural Resources or his duly
authorized representative. chanroblesvirtualawlibrary
Section 7. The Secretary of Agriculture and Natural
Resources shall have authority to call upon other departments, bureaus,
offices and agencies of the Government for such assistance as may be
required to implement the provisions of this Decree, especially the
Department of Agrarian Reform.
Section 8. Occupants of ancestral lands as defined
under this Decree are hereby given a period of ten (10) years from the
date of approval hereof within which to file applications to perfect
their title to the lands occupied by them, otherwise, they shall lose
their preferential rights thereto and the land shall be declared open
for allocation to other deserving applicants. chanroblesvirtualawlibrary
Section 9. Any person or public officer who violates
any provision of this Decree, or any regulation promulgated in
accordance therewith, shall be punished by a fine of not more than one
thousand pesos (P1,000.00) or by imprisonment of not more than six (6)
months or both at the discretion of the Court; Provided, That the land
acquired by any person in violation of this Decree and of the Public
Land Act shall revert to the public domain: Provided, further, That
such violation shall bar the violator from again acquiring land under
the provisions of this Decree and of the Public Land Act.
Section 10. Any provision of law, decree,
general order, executive order, rule or regulation contrary hereto are
hereby repealed or modified accordingly.
Section 11. This Decree shall take effect
immediately.
Done in the City of Manila,
this 11th day of March, in the year of Our Lord, nineteen hundred and
seventy-four.
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