QuestionsQuestions (Republic Act No. 105)
RA 105 amends Section 13 of Act No. 2152 (as amended) to increase or provide funds and mechanisms for the operation and maintenance of irrigation systems, including how such systems are to be temporarily administered when appropriators fail to organize.
The municipal council.
The provincial board.
The Director of Public Works.
They must be previously approved by the Irrigation Council, and in preparing them all interested persons must be given a hearing.
It is a lien upon the crops first, and in the second place upon the land of water users and ditch owners, in accordance with the distribution shown by the relevant accounts. The distribution is based on irrigable area held by each appropriator/ditch owner in proportion to the total area served by the system.
They may be advanced by the municipality or province out of its funds, or by the Director of Public Works out of any unappropriated funds in the National Treasury.
Reimbursement is made at the end of each year with interest at four percent (4%) per annum.
Yes. It shall not exceed one million pesos (₱1,000,000) in any one year.
Administration of the system is given to the Director of Public Works for such time as the funds advanced to meet those expenses are paid from the National Treasury.
Municipal and provincial treasurers collect the charges, acting as delegates of the Director of Public Works.
It has preference over all other liens except (1) taxes on the land and (2) any mortgage lien in favor of the Philippine Agricultural Bank (or its successor).
Within one year after default of payment on an installment.
The clerk of the Court of First Instance must publish (in the manner for summons in a civil action) the list of lands filed by the Director of Public Works, with a notice requiring owners to file an answer within thirty (30) days after completion of publication.
If an answer is filed, the action proceeds to judgment as in other actions under the Rules of Court. If no answer is filed within thirty days, judgment is entered against the defaulting persons and their lands (or portion necessary) are sold after ten (10) days’ public notice at public auction by the sheriff to satisfy the preferred lien.
Any excess over the lien amount and procedure costs is returned to the interested person, who has one (1) year thereafter to redeem the land by payment of the judgment amount plus costs with interest at six percent (6%) per annum.
The exceptional cost is distributed in an equitable manner over two or more years, but not more than five years.
Execution shall be levied first on the unharvested crop.
The customs and usages of each locality must be taken into consideration, and one day of the year must be fixed for a meeting of all interested persons to prepare an estimate of expenditure for the next succeeding year.