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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 705 |
President, Land Bank of the Philippines
All Concerned
WHEREAS, the homelot actually occupied by the tenant-farmer beneficiary is considered under Sec. 24 of Republic Act No. 3844, as amended, included in the leasehold and, therefore, is an integral part of his farm and is an indispensable factor in his farm operation;
WHEREAS, the farms transferred or to be transferred to tenant-farmer beneficiaries of the Land Transfer Program under Presidential Decree No. 27 usually do not include homelots occupied or used by said beneficiaries for residential purposes; and
WHEREAS, there is now a necessity to issue guidelines for the acquisition and transfer of homelots to the tenant-farmer beneficiaries of Presidential Decree No. 27;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, do hereby order and direct the transfer of the homelots actually occupied by tenant-farmers who are, or may be, beneficiaries of the Land Transfer Program under Presidential Decree No. 27 subject to the following guidelines:
1.
If the homelot is located inside or outside the
farmlot of the tenant-farmer beneficiary but on the same landholding of
the landowner, the price of the homelot shall be computed on the basis
of the price of the farm-lot transferred or to be transferred to such
tenant-farmer under the provisions of Presidential Decree No. 27. The
same rule shall apply if the homelot is located in another parcel of
land belonging to the same landowner, or in which the same landowner
has an interest in fee simple, but within reasonable distance or in the
vicinity of the farmlot transferred to the tenant-farmer beneficiary.
2. If the
homelot occupied by the tenant-farmer beneficiary is far from his
farmlot, although owned by the same landowner, or even if within the
same vicinity of the farmlot but owned by another person, the price of
the homelot shall be agreed upon between the tenant-farmer and the
landowner: Provided, That the price shall not be more than the
valuation under the pertinent provisions of Presidential Decree No. 76,
as amended.
3. In case of
disagreement, the Department of Agrarian Reform may, upon written
request of the tenant-farmer beneficiary, acquire or expropriate said
homelot for resale at cost to the latter in accordance with the
provisions of Republic Act No. 3844, as amended, Presidential Decree
No. 76, Presidential Decree No. 251, as amended, and other applicable
pertinent laws.
4. Pending
the acquisition of the homelot, the tenant-farmer shall not be removed,
ejected or ousted therefrom and his peaceful possession thereof shall
be preserved and maintained at all times.
Done in the City of Manila, this 10th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
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