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PRESIDENTIAL DECREE NO. 1038
PRESIDENTIAL DECREE NO. 1038 -
STRENGTHENING THE SECURITY OF TENURE OF TENANT-TILLERS IN NON-RICE/CORN
PRODUCING PRIVATE AGRICULTURAL LANDS
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WHEREAS, I
have received disturbing reports that owners of private agricultural
lands, landholders, agricultural lessors, legal possessors, civil law
lessees, usufructuaries, or those acting for and in their behalf
planted to crops other than rice and/or corn, including but not limited
to those primarily planted to abaca, banana, coconut, coffee, citrus,
durian and other similar permanent trees, are harassing or ejecting or
removing or ousting or excluding the tenant-tillers from their
farmholdings in spite of the fact that existing laws, particularly
Republic Acts Nos. 1199, as amended, and 3844, as amended, protect the
security of tenure of these tenant-tillers;chanroblesvirtualawlibrary
WHEREAS, these acts of the landowners are a threat to the peace and
order condition in the rural areas; and
WHEREAS, the tenant-tillers in such lands deserve the utmost attention
and assistance of the government to strengthen their tenurial security
by imposing stiffer penalties for violation of such security of
tenure. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS President of the Philippines, by
virtue of the powers in me vested by the Constitution, do hereby order
and decree:cralaw:red
Section 1. The tenure of the tenant-tillers in
private agricultural lands devoted to crops other than rice and/or
corn, including but not limited to those primarily planted to abaca,
banana, coconut, coffee, mango, durian, and other permanent fees, shall
be secured and no tenant-tiller shall be removed, ejected, ousted or
excluded from his farmholding unless for causes provided by law and
directed by a final decision or order of the court.
Section 2. No judge of the courts of agrarian
relations, courts of first instance, city or municipal courts or any
other tribunal or fiscal shall take cognizance of any ejectment case or
any other case designed to harass or remove a tenant of an agricultural
land primarily devoted to rice and/or corn, unless certified by the
Secretary of Agrarian Reform as a proper case for trial or hearing by a
court of judge or other officer of competent jurisdiction and, if any
such case is filed, the case shall first be referred to the Secretary
of Agrarian Reform or his authorized representative in the locality for
a preliminary determination of the relationship between the contending
parties. If the Secretary of agrarian Reform or his authorized
representative in the locality finds that the case is a proper case for
the court or judge or other hearing officer to hear, he shall so
certify and such court, judge or other hearing officer may assume
jurisdiction over the dispute or controversy.
The preliminary determination of the relationship between the
contending parties by the Secretary of Agrarian Reform, or his
authorized representative, is not binding upon the court, judge or
hearing officer to whom the case is certified as a proper case for
trial. Said court judge or hearing officer may, after due hearing,
confirm, reverse or modify said preliminary determination as the
evidence and substantial merits of the case may warrant. chanroblesvirtualawlibrary
Section 3. All cases still pending before any court,
fiscal or other investigating body which are not yet submitted for
decision or resolution shall likewise be referred to the Department of
Agrarian Reform for certification as provided in the preceding section.
Section 4. The penalty of arresto major or a fine of
P1,000 or both at the discretion of the court shall be imposed upon:cralaw:red
a) Any judge or fiscal or other hearing officer who
shall take cognizance of any case designed to exclude, oust, eject, or
remove any tenant-tiller or who shall order the ejectment, ouster,
exclusion or removal of any tenant-tiller on the land tilled by him
without first complying with the provisions of Section 2 hereof;chanroblesvirtualawlibrary
b) Any officer or employee of the government,
including members of the Armed Forces of the Philippines, who executes
an order for the ouster, removal, exclusion or ejectment of the
tenant-tiller knowing that the said order is unlawful as provided in
Section 2 hereof; and
c) Any landowners, landholders, agricultural lessor
or anybody acting for and in their behalf who by any act, scheme or
strategy shall eject, exclude oust or remove and/or cause the
ejectment, exclusion, ouster or removal of the tenant-tiller from his
farmholding in contravention of this Decree.
Section 5. Cases involving violation of the penal
provisions of this Decree shall exclusively be cognizable by the Courts
of Agrarian Relations: Provided, however, That if such violation is
committed by a judge of the courts of general jurisdiction.
Section 6. The Department of Agrarian Reform is
hereby empowered to promulgate rules and regulations to implement this
Decree.
Section 7. The Secretary of the Department of
National Defense shall assist the Secretary of Agrarian Reform in the
implementation of this Decree.
Section 8. All previous or existing laws, orders,
rules and regulations or parts thereof in conflict or inconsistent
herewith are hereby repealed or modified accordingly.
Section 9. This decree shall take effect immediately.
Done in the City of Manila,
this 21st day of October, in the year of Our Lord, nineteen hundred and
seventy-six.
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