Conversion of Lands.
SEC. 65. Conversion of Lands.—After the lapse of five (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition: Provided, That the beneficiary shall have fully paid his obligation.
Exemptions from Taxes and Fees of Land Transfers.
SEC. 66. Exemptions from Taxes and Fees of Land Transfers.—Transactions under this Act involving a transfer of ownership, whether from natural or juridical persons, shall be exempted from taxes arising from capital gains. These transactions shall also be exempted from the payment of registration fees, and all other taxes and fees for the conveyance or transfer thereof: Provided, That all arrearages in real property taxes, without penalty or interest, shall be deductible from the compensation to which the owner may be entitled.
Free Registration of Patents and Titles.
SEC. 67. Free Registration of Patents and Titles.—All Registers of Deeds are hereby directed to register, free from payment of all fees and other charges, patents, titles and documents required for the implementation of the CARP.
SEC. 68. Immunity of Government Agencies from Undue Interference.-No injunction, restraining order, prohibition or mandamus shall be issued by the lower courts against the Department of Agrarian Reform (DAR), the Department of Agriculture (DA) , the Department of Environment and Natural Resources (DENR), and the Department of Justice (DOJ) in their implementation of the program.
Assistance of Other Government Entities.
SEC. 69. Assistance of Other Government Entities.—The PARC in the exercise of its functions, is hereby authorized to call upon the assistance and support of other government agencies, bureaus and offices, including government-owned or controlled corporations.
Disposition of Private Agricultural Lands.
SEC. 70. Disposition of Private Agricultural Lands.—The sale or disposition of agricultural lands retained by a landowner as a consequence of Section 6 hereof shall be valid as long as the total landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired shall not exceed the landholding ceilings provided for in this Act.
Any sale or disposition of agricultural lands after the effectivity of this Act found to be contrary to the provisions hereof shall be null and void.
Transferees of agricultural lands shall furnish the appropriate Register of Deeds and the BARC an affidavit attesting that his total landholdings as a result of the said acquisition do not exceed the landholding ceiling. The Register of Deeds shall not register the transfer of any agricultural land without the submission of this sworn statement together with proof of service of a copy thereof to the BARC.
Bank Mortgages.
SEC. 71. Bank Mortgages.—Banks and other financial institutions allowed by law to hold mortgage rights or security interests in agricultural lands to secure loans and other obligations of borrowers, may acquire title to these mortgaged properties, regardless of area, subject to existing laws on compulsory transfer of foreclosed assets and acquisition as prescribed under Section 16 of this Act.
SEC. 72. Lease, Management, Grower or Service Contracts, Mortgages and Other Claims.-Lands covered by this Act under lease, management, grower or service contracts, and the like shall be disposed of as follows:
Lease, management, grower or service contracts covering private lands may continue under their original terms and conditions until the expiration of the same even if such land has, in the meantime, been transferred to qualified beneficiaries.
Mortgages and other claims registered with the Register of Deeds shall be assumed by the government up to an amount equivalent to the landowner's compensation value as provided in this Act.
Prohibited Acts and Omissions.
SEC. 73. Prohibited Acts and Omissions.—The following are prohibited:
The ownership or possession, for the purpose of circumventing the provisions of this Act, of agricultural lands in excess of the total retention limits of award ceilings by any person, natural or juridical, except those under collective ownership by farmer-beneficiaries.
The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the rights and benefits of the Agrarian Reform Program.
The conversion by any landowner of his agricultural land into any non-agricultural use with intent to avoid the application of this Act to his landholdings and to dispossess his tenant farmers of the land tilled by them.
The willful prevention or obstruction by any person, association or entity of the implementation of the CARP.
The sale, transfer, conveyance or change of the nature of lands outside of urban centers and city limits either in whole or in part after the effectivity of this Act. The date of the registration of the deed of conveyance in the Register of Deeds with respect to tilted lands and the date of the issuance of the tax declaration to the transferee of the property with respect to unregistered lands, as the case may be, shall be conclusive for the purpose of this Act.
The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he acquired by virtue of being a beneficiary, in order to circumvent the provisions of this Act.
Penalties.
SEC. 74. Penalties.—Any person who knowingly or willfully violates the provisions of this Act shall be punished by imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less than one thousand pesos (P1,000.00) and not more than fifteen thousand pesos (P15,000 . 00), or both, at the discretion of the court.
If the offender is a corporation or association, the officer responsible therefor shall be criminally liable.
Suppletory Application of Existing Legislation.
SEC. 75. Suppletory Application of Existing Legislation.—The provisions of Republic Act No. 3844 as amended, Presidential Decree Nos. 27 and 266 as amended, Executive Order Nos. 228 and 229, both Series of 1987; and other laws not inconsistent with this Act shall have suppletory effect.
Repealing Clause.
SEC. 76. Repealing Clause.—Section 35 of Republic Act No. 3844, Presidential Decree No. 316, the last two paragraphs of Section 12 of Presidential Decree No. 946, Presidential Decree No. 1038, and all other laws, decrees, executive orders, rules and regulations, issuances or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
Separability Clause.
SEC. 77. Separability Clause.—If, for any reason, any section or provision of this Act is declared null and void, no other section, provision, or part thereof shall be affected and the same shall remain in full force and effect.
Effectivity Ctause.
SEC. 78. Effectivity Ctause.—This Act shall take effect immediately after publication in at least two (2) national newspapers of general circulation.
Approved,
(Sgd.) RAMON V. MITRA
(Sgd.) JOVITO R. SALONGA
Speaker of the House of Representatives
President of the Senate
This Act which is a consolidation of Senate Bill No. 249 and House Bill No. 400 was finally passed by both the Senate and the House of Representatives on June 7, 1988.
(Sgd.) QUIRINO D. ABAD SANTOS, JR.
(Sgd.) EDWIN P. ACOBA
Secretary of the House of Representatives
Acting Secretary of the Senate
Approved: June 10, 1988
(Sgd.) CORAZON C. AQUINO
President of the Philippines
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
