|BATAS PAMBANSA BLG. 869 - AN ACT
PROHIBITING THE ESTABLISHMENT OF SHARE TENANCY OR AGRICULTURAL
LEASEHOLD RELATION IN LANDS ACQUIRED UNDER THE AGRARIAN REFORM PROGRAM
OF THE GOVERNMENT, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES |
|Section 1. To further carry out the objectives and purposes
of the agrarian reform program of the government, the establishment of
share tenancy or agricultural leasehold relation as defined by existing
laws, in lands acquired under Presidential Decree Numbered Twenty-seven
(PD 27), Republic Act Numbered Thirty-eight hundred and forty-four (RA
3844), as amended by Republic Act Numbered Sixty-three hundred and
eighty nine (RA 6389), Republic Act Numbered Fourteen hundred (RA
1400), Commonwealth Act Numbered Five hundred thirty-nine (CA 539), in
lands acquired by virtue of the resettlement program of the government
under the administration and disposition of the Ministry of Agrarian
Reform, as well as in lands which may hereafter be acquired under any
agrarian reform program of the government, is hereby declared to be
contrary to public policy, abolished and prohibited: Provided, That
leasehold relations existing at the time of the approval of this Act
may continue in force and effect until the end of the agricultural
Sec. 2. The owner of the land under Section 1 hereof or any other person who acts in collusion with the owner of the land or who acts solely on his own, who violates the provisions hereof shall upon conviction suffer a penalty of fine in the amount of not less than one thousand pesos (P1,000.00) but not more than two thousand pesos (P2,000.00) in the discretion of the court, with subsidiary imprisonment in case of insolvency.
In addition thereto, the land shall be forfeited in favor of the government and the landowner shall not be entitled to a refund of whatever he shall have paid by way of amortization: Provided, That should the violator be a juridical person, the latter and its principal officers and its manager, or the person who has charge of the management or administration of the property or, in his default, the person acting in his stead shall be individually liable: Provided, further, That in either or both cases, the tenant so instituted and who is included as a party litigant in the case shall not be entitled to security of tenure and shall be ordered ejected by the court in the same proceedings: and, Provided, finally, That the guilty party or parties shall not be entitled to restitution or refund of any advances or expenses, rents or any amount on account of said tenancy relation.
Sec. 3. The land so forfeited shall be allocated to deserving citizens by the Minister of Agrarian Reform in accordance with existing laws, rules and regulations.
Sec. 4. The Ministry of Agrarian Reform, through its appropriate agencies or offices, motu propio or upon the complaint of any interested party, may initiate the filing of the necessary action: Provided, That no such complaint shall be dismissed upon mere desistance on the part of the complainant: and, Provided, further, That cases falling within the purview of this Act shall be under the exclusive original jurisdiction of the Regional Trial Courts.
Sec. 5. The Ministry of Agrarian Reform shall promulgate rules and regulations to carry out effectively the aim and purposes of this Act.
Sec. 6. All laws, decrees, rules and regulations, inconsistent herewith are hereby repealed and modified accordingly.
Sec. 7. This Act shall take effect upon its approval.
Approved: April 18, 1985.