This case has been cited 2 times or more.
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2007-06-08 |
AUSTRIA-MARTINEZ, J. |
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| Section 6 of PD 1517 grants preferential rights to landless tenants/occupants to acquire land within urban land reform areas: Sec. 6. Land Tenancy in Urban Land Reform Areas. Within the Urban Zones legitimate tenants who have resided on the land for ten years or more who have built their homes on the land and residents who have legally occupied the lands by contract, continuously for the last ten years shall not be dispossessed of the land and shall be allowed the right of first refusal to purchase the same within a reasonable time and at reasonable prices, under terms and conditions to be determined by the Urban Zone Expropriation and Land Management Committee created by Section 8 of this Decree. Section 2 of Presidential Decree (P.D.) No. 2016[21] reinforced P.D. No. 1517 by prohibiting the eviction of qualified tenants/occupants: Sec. 2. No tenant or occupant family, residing for ten years or more reckoned from the date of issuance of Presidential Decree No. 1517 otherwise known as the Urban Land Reform Law, in land proclaimed as Areas for Priority Development or Urban Land Reform Zones or is a project for development under the ZIP in Metro Manila and the SIR Program in the regional cities shall be evicted from the land or otherwise dispossessed. The protective mantle of P.D. No. 1517 and P.D. No. 2016, however, extends only to landless urban families who meet these qualifications: a) they are tenants as defined under Section 3 (f) of P.D. No. 1517;[22] b) they built a home on the land they are leasing or occupying;[23] c) the land they are leasing or occupying is within an Area for Priority Development and Urban Land Reform Zone;[24] and d) they have resided on the land continuously for the last ten (10) years or more.[25] | |||||
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2005-03-18 |
AUSTRIA-MARTINEZ, J. |
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| P.D. No. 1517, which took effect on June 11, 1978, seeks to protect the rights of bona-fide tenants in urban lands by prohibiting their ejectment therefrom under certain conditions, and by according them preferential right to purchase the land occupied by them.[43] Section 6 of the law provides: Section 6. Land Tenancy in Urban Land Reform Areas. Within the Urban Zones legitimate tenants who have resided on the land for ten years or more who have built their homes on the land and residents who have legally occupied the lands by contract, continuously for the last ten years shall not be dispossessed of the land and shall be allowed the right of first refusal to purchase the same within a reasonable time and at reasonable prices, under terms and conditions to be determined by the Urban Zone Expropriation and Land Management Committee created by Section 8 of this Decree. Thus, only legitimate tenants who have resided on the land for ten years or more who have built their homes on the land and residents who have legally occupied the lands by contract, continuously for the last ten years, are given the right of first refusal to purchase the land within a reasonable time.[44] Moreover, before a pre-emptive right under P.D. No. 1517 can be exercised, the disputed land should be situated in an area declared to be both an APD and a ULRZ.[45] Proclamation No. 1967, issued on May 14, 1980, identified the 244 sites of APD and within the Metropolitan Manila area.[46] | |||||