AMENDING SECTION SIXTY-TWO OF REPUBLIC ACT NUMBERED THREE THOUSAND EIGHT HUNDRED FORTY-FOUR, AS AMENDED, OTHERWISE KNOWN AS THE CODE OF AGRARIAN REFORMS OF THE PHILIPPINES.

• Number: Presidential Decree No. 1817
• Sections: 3

Preamble

WHEREAS, the farmer-beneficiary who has fully paid the cost

of his farm and/or homelots to the Land Bank of the Philippines under Section

Sixty-two of Republic Act Numbered Three Thousand Eight Hundred and Forty-Four,

is legally enjoined from using said property as collateral for loans to be

obtained from public or private lending institutions;

WHEREAS, under the existing provision, a farmer-beneficiary

who is still amortizing the cost of his land is better situated than a

beneficiary who has already paid in full the cost of the land for being given an

opportunity to secure loans and credit assistance thru the use of the

Certificate of Land Transfer (CLT) as collateral;

WHEREAS, the operative effects of such provision, besides

being iniquitous on the part of the farmer-beneficiary who has fully paid for

his land, could lead to a situation where a farmer-beneficiary would defer the

full payment of the purchase price if only to enable him to use his landholdings

as collateral for any loan that he intends to obtain thereby;

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:

Section 1

SECTION 1. Section Sixty-two of Republic Act Numbered Three

Thousand Eight Hundred and Forty-four, as amended, otherwise known as the Code

of Agrarian Reform of the Philippines, is hereby amended to read as follows:

"Section 62. Limitation of Land Rights.—Except in

hereditary succession by one heir, landholding acquired under this Code shall

not be sold or transferred except in favor of the Government, valued at its

acquisition cost plus cost of improvements. Said landholding may be mortgaged or

encumbered in favor of any financing or banking institution up to the original

cost of acquisition thereof to be guaranteed by the Samahang Nayon or duly

recognized fanners cooperative where the farmer is a full-pledged member:

Provided, That in case of default, the loan becomes immediately due and

demandable and the mortgagor is given a grace period of one year within which to

settle his obligation: Provided, Further, That in case of non-payment

within one year grace period, the landholding shall be disposed of only in favor

of the Government which shall endeavor to substitute the defaulting

farmer-beneficiary preferable with a new one who does not own any land duly

certified by the Ministry of Agrarian Reform and who shall be subrogated to the

rights and shall assume the obligations of the replaced farmer-beneficiary,

subject, however, to the preferential right of first refusal of the other heirs

of the latter: Provided, Further, That a purchaser who acquired his

landholding under a contract to sell from Land Bank, or has been issued an Order

of Award, may also secure a loan from any financing or banking institution in an

amount not exceeding his equity on said landholding.

Section 2

SECTION 2. This Act shall take effect upon its approval.

Done in the City of Manila, this 16th day of January, in the year of Our

Lord, nineteen hundred and eighty-one.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential Executive

Assistant

Vol. 25, Vital Documents, Presidential Decree 1980-1981