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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 407 -
ACCELERATING THE ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS,
PASTURE LANDS, FISHPONDS, AGRO-FORESTRY LANDS AND OTHER LANDS OF THE
PUBLIC DOMAIN SUITABLE FOR AGRICULTURE
WHEREAS,
Proclamation No. 131, S. of 1987, has instituted the Comprehensive
Agrarian Reform Program to develop the full potential of Philippine
agriculture that will result in increased productivity and better
income for agrarian reform beneficiaries, and Executive Order No. 229,
S. of 1987, has provided for the mechanisms for the implementation
thereof;
WHEREAS, Republic Act No. 6657 has declared it a policy of the State to
pursue the Comprehensive Agrarian Reform Program in order that the
welfare of landless farmworkers will receive highest consideration and
that the nation can move towards sound rural development and
industrialization;
WHEREAS, Sec. 7 of Republic Act No. 6657 mandates, among others,
that all lands foreclosed by government financial institutions, all
lands acquired by the Presidential Commission on Good Government, and
all other lands owned by the government devoted to or suitable for
agriculture, shall be acquired and distributed immediately upon the
effectivity of the said Act and with implementation to be completed
within a period of not more than four (4) years therefrom;
WHEREAS, the government has in it inventory lands suitable for
agriculture which may be immediately placed under the Comprehensive
Agrarian Reform program as the titles thereof have been foreclosed and
the prescriptive redemption periods have already lapsed;
WHEREAS, the Departments of Agriculture, and Environment and Natural
Resources are authorized by law to act on the disposition of leases
covering lands of the public domain, i.e., agro-forestry lease
agreements, pasture lease agreements and fishpond lease agreements;
WHEREAS, Executive Order No. 360, S. of 1989, enjoins all government
financial institutions and government-owned or controlled corporations
to grant the Department of Agrarian Reform the right of first refusal
in the sale or disposition of all lands owned by them which are
suitable for agriculture;
WHEREAS, the implementation of the Comprehensive Agrarian Reform
Program particularly its land acquisition and distribution to qualified
farmer-beneficiaries must be accelerated so that its fruits could be
enjoyed by its beneficiaries at the soonest possible time;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1.
a.
b.
c.
d.
In the case of lands suitable to agriculture with pending adjudication on their ownership in court, the respective government instrumentalities shall, when legally feasible, immediately transfer and cede the physical possession and control of the same to the Department of Agrarian Reform for its subsequent transfer to the qualified beneficiaries.
Pending valuation of the property, the Department of Agrarian Reform shall immediately commence the necessary activities for distribution to qualified beneficiaries upon receipt of the documents aforementioned, or issue the notice of allocation to qualified beneficiaries to give them usufructuary control over the land in the event ownership can not as yet be transferred to them.
Thirty (30) days from the registration of the ownership documents by the Register of Deeds in favor of the Department of Agrarian Reform, the Land Bank of the Philippines, pursuant to the rules approved by the Presidential Agrarian Reform Council, shall pay the government instrumentality the value of the land. In the case of the lands under the Asset Privatization Trust, Presidential Commission on Good Government and other government instrumentalities which may opt for an alternative payment scheme, the Department of Agrarian Reform shall cause the issuance of the Credit Memo Advise from the Bureau of Treasury for such sale.
Thirty (30) days after effectivity of this Executive Order, the Department of Finance and the Department of Budget and Management in consultation with the Department of Agrarian Reform shall establish guidelines for the issuance of the Credit Memo Advice System. This System shall be applicable as a payment scheme to government instrumentalities which are mandated to turn over the proceeds from the sale of their agricultural lands to the Agrarian Reform Fund pursuant to Sec. 63 of Republic Act No. 6657.
Sixty (60) days after the effectivity of this Executive Order, the Land Registration Authority shall submit to the Department of Agrarian Reform certified copies of all the certificates of titles under the name of the government instrumentality and the approved survey plans including the respective technical descriptions of each title.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
DONE in the City of Manila this
14th day of June, in the year of Our Lord, nineteen hundred and ninety.
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