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;
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; and
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 by them, such ruling
is no longer in keeping with the state policies and concepts of the New
Constitution;
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:
- It shall be an essential condition in every application
for, or grant or, 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.
- 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.
- 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.
- 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.
- 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.
- 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.