[ EXECUTIVE ORDER NO. 4, September 13, 2022 ]

DIRECTING THE IMPLEMENTATION OF A MORATORIUM ON THE PAYMENT OF THE PRINCIPAL OBLIGATION AND INTEREST OF THE AMORTIZATION DUE AND PAYABLE BY AGRARIAN REFORM BENEFICIARIES



WHEREAS, Section 4, Article XIII of the 1987 Constitution mandates the State to undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the land they till, and for other farmworkers to receive a just share of the fruits thereof;

WHEREAS, pursuant to Section 6 of Executive Order (EO) No. 228, (s. 1987), recipients of awarded lands under Presidential Decree (PD) No. 27 (s. 1972) shall pay the total cost of the land including interest at the rate of six percent (6%) per annum, with a two percent (2%) interest rebate for amortization paid on time;

WHEREAS, pursuant to Section 26 of Republic Act (RA) No. 6657 pr the "Comprehensive Agrarian Reform Law of 1988," as amended, lands awarded under the Comprehensive Agrarian Reform Program (CARP) shall be paid for by the beneficiaries to the Land Bank of the Philippines (LBP) in thirty (30) annual amortizations at six percent (6%) interest per annum;

WHEREAS, RA No. 6657, as amended, was enacted to pursue a Comprehensive Agrarian Reform Program (CARP) and give high consideration to the welfare of the landless farmers and farmworkers;

WHEREAS, following Section 7 of RA No. 11332 or the "Mandatory Reporting of Notifiable Diseases and health Events of Public Health Concern Act," Proclamation No. 922 (s. 2020) declared a State of Public Health Emergency, which remains in effect throughout the Philippines until lifted by the President;

WHEREAS, in accordance with RA No. 10121 or the "Philippine Disaster Risk Reduction and Management Act of 2010," Proclamation No. 57 (s. 2022) further extended the State of Calamity throughout the Philippines due to Coronavirus disease 2019 until 31 December 2022, unless earlier lifted or extended, as circumstances may warrant;

WHEREAS, in light of the continuing disruptive effects of the pandemic, and the new challenges posed on the production of crops due to the ongoing crisis in Ukraine, as well as the pernicious effects of climate change, this Administration finds it necessary to provide continuing economic relief to agrarian reform beneficiaries in order to assist them in the process of recovery, and ensure food security in the country amidst theses global uncertainties;

WHEREAS, pursuant to Section 37 of RA No. 6657, as amended, the government, through the Presidential Agrarian Reform Council, shall provide support services to farmer-beneficiaries at all stages of agrarian reform;

WHEREAS, pursuant to Section 49 of RA No. 6657, as amended, the PARC, which is chaired by the President, and the DAR, are empowered to issue rules and regulations, whether substantive or procedural, to carry out the objectives and purposes of the CARP; and

WHEREAS, Section 17, Article VII of the Constitution vests in the President the power to control of all executive departments, bureaus or offices, and the mandate to ensure the faithful execution of laws;

NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

Section 1. Moratorium on the Payment of the Principal Value and the Annual Interest Due and Payable by the Agrarian Reform Beneficiaries (ARBs). Subject to the limitations and conditions provided under applicable laws and issuances, the implementation of the suspension of payment of the following is hereby directed:
1. the total cost of land under PD No. 27, including interest at the rate of six percent (6%) per annum as provided under Section 6 of EO No. 228; and

2. the principal value including the six percent (6%) annual interest of the thirty (30)-year land amortization of agrarian reform beneficiaries under Section 26 of RA No. 6657, as amended.
Principal Value refers to the portion of the amount, excluding interests, which is being paid by an ARB in consideration of the land awarded to the said beneficiary under the CARP or other previous agrarian reform programs. Payment of the principal value plus interest in the thirty (30) equal annual installments shall commence on the time when the ARBs receive their agrarian titles or are in the actual physical possession of the awarded lands.

The moratorium shall be effective for one (1) year from the date of effectivity of this Order.

Section 2. Implementing Rules and Regulations. Within fifteen (15) days from the effectivity of this Order, the DAR and the LBP shall jointly formulate the rules and regulations for the implementation of the moratorium in accordance with the applicable general banking laws and regulations of the Bangko Sentral ng Pilipinas, EO No. 228, RA No. 6657, as amended, and other relevant laws and issuances.

Section 3. Agency Support. All concerned government offices and agencies, consistent with their respective mandates, are directed to render such prompt and necessary assistance to fully implement the provisions of this Order.

Section  4. Funding. The funds for the implementation of the moratorium, as well as for its monitoring and evaluation, shall be sourced from the existing budgets of the DAR and the LBP, subject to existing budgeting, accounting and auditing laws, rules and regulations.

Section 5. Reporting. The DAR and the LBP shall jointly submit to the Office of the President, through the Office of the Executive Secretary, a comprehensive report on the implementation of this Order, including data on the number of ARBs actually covered and impact of the moratorium, among others.

Section 6. Separability. Should any part or provision of this Order be held unconstitutional or invalid, the other provisions not affected thereby shall continue to be in force and effect.

Section 7. Repeal. All orders, rules and regulations, issuances or any part thereof which are inconsistent with the provisions of this Order are hereby repealed, amended or modified accordingly.

Section 8. Effectivity. This Order shall take effect immediately upon its publication in the Official Gazette or in a newspaper of general circulation..

Done in the City of Manila, this 13th day of September, in the year of Our Lord, Two Thousand and Twenty Two.

 

     

(SGD.) FERDINAND R. MARCOS, JR. 

         

 

By  the President:


  

(SGD.) VICTOR D. RODRIGUEZ
Executive Secretary