Title
Agrarian Reform Debt Condonation Act
Law
Republic Act No. 11953
Decision Date
Jul 7, 2023
The New Agrarian Emancipation Act condones P57.557 billion in principal loans and unpaid amortizations for over 610,000 Agrarian Reform Beneficiaries, while exempting their awarded agricultural lands from estate tax, thereby alleviating their financial burdens and promoting agricultural productivity.
A

Condonation of Agrarian Reform Debt

  • Condones P57.557 billion principal debt of 610,054 Agrarian Reform Beneficiaries (ARBs).
  • Covers 1,173,101.57 hectares of agrarian reform lands.
  • Immediate condonation of P14.5 billion principal loan and associated charges of 263,622 ARBs.
  • Remaining P43.057 billion condonation contingent upon submission of detailed indebtedness by LBP and DAR.
  • Loans secured under CARP or other agrarian laws condoned and written off.
  • LBP and DAR required to submit detailed loan lists within three years.
  • DAR to issue Certificates of Condonation annotated on Emancipation Patents (EP) or CLOAs.
  • Mortgage liens in favor of the government lifted upon condonation.

Termination of Payment of Compensation under VLT and DPS

  • Termination of all direct compensation payments by 10,201 ARBs to landowners under Voluntary Land Transfer (VLT) and Direct Payment Schemes (DPS).
  • Remaining balances to be paid by the government through LBP from the Agrarian Reform Fund.
  • Applies to ARBs indebted to landowners as of the Act's effectivity.

Coverage and Definition of ARBs

  • ARBs defined as farmers or farmworkers granted lands under PDP No. 27, RA No. 6657 (as amended), and RA No. 9700.
  • Includes those with outstanding loan balances payable to LBP and private landowners as of the Act's effectivity.

Mandatory Inclusion in RSBSA

  • ARBs to be included in Registry System for Basic Sectors in Agriculture (RSBSA) under the Department of Agriculture (DA).
  • DA mandated to provide all support services due to the ARBs.

Preference to Credit and Support for Paid ARBs

  • ARBs who completed amortization and interest payments given preference for credit facilities and support services.
  • Preference codified under existing agrarian laws and relevant DA programs.

Estate Tax Exemption

  • Agricultural lands awarded to ARBs excluded from gross estate subject to estate tax.
  • Department of the Interior and Local Government (DILG) encouraged to promote local tax amnesty on real property and transfer taxes for qualified ARBs.

Issuance of Agrarian Reform Titles

  • Registry of Deeds to register EPs, CLOAs, or other agrarian titles within 60 days from issuance in ARBs' names.
  • Notice of Condonation to be annotated on said titles within 60 days of DAR issuance.

Restitution of Agrarian Reform Awards Forfeited Due to Non-Payment

  • Administrative cases involving forfeiture solely due to non-payment of amortizations and interest dismissed by DAR.
  • DAR to move for dismissal of pending court actions on collection of unpaid loans.
  • Termination of execution of forfeiture decisions; restoration of awards; reversal of forfeiture.
  • Reconstitution of cancelled titles; equitable award of land if original land reallocated.

Disqualification of ARBs Due to Violations

  • Final conviction of prohibited acts under RA 6657 results in disqualification from benefits.
  • Disqualification also for willful neglect or abandonment of land for two consecutive years, with exceptions.
  • DAR tasked with liberal investigation in favor of ARBs.

Right of Landowners to Just Compensation

  • Act does not diminish landowners’ right to just compensation for agricultural lands acquired.
  • Does not alter existing limitations on land transfer, ownership, and agricultural use.

Implementing Rules and Regulations

  • DAR, with PARC and LBP assistance, to issue implementing rules within 60 days from effectivity.

Agency Support

  • Government agencies mandated to provide prompt assistance subject to laws for Act's implementation.

Funding

  • Costs charged against Agrarian Reform Fund, subject to certification and annual appropriations process.

Separability Clause

  • Invalidity of any provision does not affect the validity of the rest of the Act.

Repealing Clause

  • Modifies Section 21 of RA 6657.
  • Amends, repeals, or modifies inconsistent laws, orders, or issuances accordingly.

Effectivity

  • Takes effect 15 days after publication in the Official Gazette or a general circulation newspaper.

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