AMENDING SECTION SIXTY-TWO OF REPUBLIC ACT NUMBERED THREE THOUSAND EIGHT HUNDRED FORTY-FOUR, AS AMENDED, OTHERWISE KNOWN AS THE CODE OF AGRARIAN REFORMS OF THE PHILIPPINES.

WHEREAS, the farmer-beneficiary who has fully paid the cost
of his farm and/or homelots to the Land Bank of the Philippines under Section
Sixty-two of Republic Act Numbered Three Thousand Eight Hundred and Forty-Four,
is legally enjoined from using said property as collateral for loans to be
obtained from public or private lending institutions;

WHEREAS, under the existing provision, a farmer-beneficiary
who is still amortizing the cost of his land is better situated than a
beneficiary who has already paid in full the cost of the land for being given an
opportunity to secure loans and credit assistance thru the use of the
Certificate of Land Transfer (CLT) as collateral;

WHEREAS, the operative effects of such provision, besides
being iniquitous on the part of the farmer-beneficiary who has fully paid for
his land, could lead to a situation where a farmer-beneficiary would defer the
full payment of the purchase price if only to enable him to use his landholdings
as collateral for any loan that he intends to obtain thereby;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution, do hereby
order and decree:

SECTION 1. Section Sixty-two of Republic Act Numbered Three
Thousand Eight Hundred and Forty-four, as amended, otherwise known as the Code
of Agrarian Reform of the Philippines, is hereby amended to read as follows:

“Section 62. Limitation of Land Rights.—Except in
hereditary succession by one heir, landholding acquired under this Code shall
not be sold or transferred except in favor of the Government, valued at its
acquisition cost plus cost of improvements. Said landholding may be mortgaged or
encumbered in favor of any financing or banking institution up to the original
cost of acquisition thereof to be guaranteed by the Samahang Nayon or duly
recognized fanners cooperative where the farmer is a full-pledged member:
Provided, That in case of default, the loan becomes immediately due and
demandable and the mortgagor is given a grace period of one year within which to
settle his obligation: Provided, Further, That in case of non-payment
within one year grace period, the landholding shall be disposed of only in favor
of the Government which shall endeavor to substitute the defaulting
farmer-beneficiary preferable with a new one who does not own any land duly
certified by the Ministry of Agrarian Reform and who shall be subrogated to the
rights and shall assume the obligations of the replaced farmer-beneficiary,
subject, however, to the preferential right of first refusal of the other heirs
of the latter: Provided, Further, That a purchaser who acquired his
landholding under a contract to sell from Land Bank, or has been issued an Order
of Award, may also secure a loan from any financing or banking institution in an
amount not exceeding his equity on said landholding.

SECTION 2. This Act shall take effect upon its approval.

Done in the City of Manila, this 16th day of January, in the year of Our
Lord, nineteen hundred and eighty-one.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JUAN C. TUVERA
		Presidential Executive Assistant

Vol. 25, Vital Documents, Presidential Decree 1980-1981