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PRESIDENTIAL DECREE NO. 152
PRESIDENTIAL DECREE NO. 152 -
PROHIBITING THE EMPLOYMENT OR USE OF SHARE TENANTS IN COMPLYING WITH
REQUIREMENTS OF LAW REGARDING ENTRY, OCCUPATION, IMPROVEMENT AND
CULTIVATION OF PUBLIC LANDS, AMENDING FOR THE PURPOSE CERTAIN
PROVISIONS OF COMMONWEALTH ACT NO. 141, AS AMENDED, OTHERWISE KNOWN AS
THE PUBLIC LAND ACT
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WHEREAS,
one of the objectives of the State is to abolish tenancy and all its
attendant evils, and to emancipate the tenant from the bondage of the
soil so as to secure for him a dignified existence consistent with his
role as the basic foundation of our society; chanroblesvirtualawlibrary
WHEREAS, several applicants for, or holders of, lands of the public
domain do not occupy and cultivate the lands themselves but have
resorted to the pernicious practice of employing or using tenants for
the purpose of complying with the entry, occupation and cultivation
requirements of the Public Land Act;chanroblesvirtualawlibrary
WHEREAS, although the courts in the past have invariably upheld the
right of public land applicants to use tenants in the occupation and
cultivation of the lands applied for them, such ruling is no longer in
keeping with the state policies and concepts of the New Constitution;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all 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 the following:cralaw:red
1. It shall be an essential condition in every
application for, or grant of, agricultural lands of the public domain
under the provisions of Commonwealth Act No. 141, as amended, that the
applicant or his transferee shall enter and work upon, improve and
cultivate the land by HIMSELF within the periods prescribed for the
various modes of concession under the said Act.
2. The employment or use of share tenants in whatever
form for purposes of complying with the requirements of the Public Land
Act regarding entry, occupation, improvement and cultivation, is hereby
prohibited and any violation hereof shall constitute a ground for the
denial of the application, cancellation of the grant and forfeiture of
improvements on the land in favor of the government.
3. Lands covered by application or grants that have
been rejected, cancelled or revoked for violation of this Decree shall
be disposed of to other qualified persons who will till the land
themselves but the share tenant actually tilling the land shall be
entitled to preferential right to acquire the portion actually tilled
by him if he is not otherwise disqualified to apply for the same under
the provisions of the Public Land Act. chanroblesvirtualawlibrary
4. Agricultural lands originally tilled under the
provisions of the Public Land Act may be sold to individuals not
otherwise disqualified to acquire the same subject to the existing
provisions of the Public Land Act. However, it shall be an essential
condition in such transactions that the vendee shall cultivate the land
himself and shall not employ or use share tenants in the use or
enjoyment thereof.
5. Any provision of Commonwealth Act No. 141, as
amended, otherwise known as the Public Land Act, or any rule or
regulation which is contrary to, or inconsistent herewith, is hereby
amended or repealed as the case may be.
6. This Decree shall take effect immediately.
Done in the City of Manila,
this 13th day of March, in the year of Our Lord, nineteen hundred and
seventy-three.
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