December 29, 1975                               

PRESIDENTIAL DECREE NO. 861

ALLOWING PASTURE LESSEES TO USE THEIR PASTURE LANDS FOR AGRICULTURAL PURPOSES UNDER CERTAIN CONDITIONS

WHEREAS, the government is intensifying its food production campaign in line with the New Society's economic and social development goals; and

WHEREAS, this program can be enhanced by allowing pasture permittees or lessees to use their pasture lands for agriculture if said lands are suited for this purpose;

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

SECTION 1.           Any provision of existing law to the contrary notwithstanding, a pasture lessee or permittee is hereby allowed to devote his pasture land for agricultural purposes; Provided, That a certification of the Secretary of Agriculture is first obtained that the land is suited for agricultural purposes.

SECTION 2.           In case the Secretary of Agriculture certifies that the land is more suitable to agriculture than for pasture purposes and upon proper application by the pasture permittee or lessees, the Secretary of Natural Resources shall issue the necessary order declassifying the land, subject to the approval thereof by the President.

SECTION 3.           After the reclassification of the pasture land into an agricultural land, the same shall be reappraised for the purpose of determining the reasonable rental thereof. The pasture permittee or lessee may be allowed to lease the same, subject to the limitations provided in the Constitution, the Public Land Act and other existing laws, rules and regulations.

SECTION 4.           All provisions of existing laws, orders or regulations inconsistent herewith are hereby repealed or modified accordingly.

SECTION 5.           This decree shall take effect immediately.

DONE in the City of Manila, this 29th day of December, in the year of Our Lord, nineteen hundred and seventy-five.