Question & AnswerQ&A (Republic Act No. 1400)
Republic Act No. 1400 is also known as the "Land Reform Act of 1955."
The declared policy of the State is to create and maintain a peaceful, prosperous, and stable agrarian system by establishing and distributing family-size farms to landless citizens through public agricultural lands and private agricultural lands division and distribution where agrarian conflicts exist.
The Land Tenure Administration is the instrumentality created to carry out the land reform policy, consisting of a Chairman and two members appointed by the President with the consent of the Commission on Appointments, holding office for five years.
Members must be natural born citizens of the Philippines, at least 35 years old, and not related within the fourth civil degree to any landowner affected by the Act.
Its functions include studying land tenure problems, preparing long-range plans, investigating land tenure difficulties, informing the President and Congress on progress and deficiencies, preparing plans to open virgin public lands, and implementing expropriation and resale or lease of urban lands.
It has the power to purchase private agricultural lands for resale, initiate and prosecute expropriation proceedings, prepare schedules of family-size farm units, and promulgate necessary rules and regulations.
Payment shall be made wholly in land certificates or partly in legal tender and land certificates, with legal tender payments not exceeding fifty percent of the purchase price.
Expropriation may occur if the landowner refuses to sell after negotiation efforts or if the parties cannot agree on price or payment terms, and if public interest is served and the land is suitable for subdivision into family-size farms.
The landowner cannot alienate, transfer, or enter contracts to defeat the Act’s purposes on lands petitioned for acquisition, nor institute ejectment proceedings against tenants until the land is determined not to be acquired by the Administration.
Family-size farm units mean farm land areas not exceeding six hectares that allow efficient use of a farm family's labor resources, considering supplemental seasonal or developmental labor needs.
Veterans of the Armed Forces of the Philippines and other government employees with backpay certificates may use them to pay for family-size farms acquired under the Act.
Such lands shall not be subdivided, sold, transferred, or encumbered without prior consent of the Administration and only to qualified farmers, tenants, or government banking institutions or agencies.
After commencing expropriation proceedings, the Administration may take immediate possession by depositing with the court money or deposit certificates equal to the land’s provisional value as determined by the court.