Article 112Labor and Agrarian Laws and Social Legislation, p. 112

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

household by the agricultural lessor or his representative

with the knowledge and consent of the lessor;

(2) Non-compliance on the part of the agricultural lessor

with any of the obligations imposed upon him by the

provisions

of

this

Code or by his contact with the

agricultural lessee;

(3) Compulsion of the agricultural lessee or any member

of his immediate farm household by the agricultural

lessor to do any work or render any service not in any way

connected with farm work or even without compulsion if

no compensation is paid;

(4) Commission of a crime by the agricultural lessor or his

representative

against the agricultural lessee or any

member of his immediate farm household; or

(5)

Voluntary

surrender

due

to

circumstances more

advantageous to him and his family.

Section 29. Rights of the Agricultural Lessor - It shall be

the right of the agricultural lessor:

(1) To inspect and observe the extent of compliance with

the terms and conditions of their contract and the

provisions of this Chapter;

(2) To propose a change in the use of the landholding to

other agricultural purposes, or in the kind of crops to be

planted: Provided, That in case of disagreement as to the

proposed change, the same shall be settled by the Court

according to the best interest of the parties concerned:

Provided, further, That in no case shall an agricultural

lessee be ejected as a consequence of the conversion of

the land to some other agricultural purpose or because of

a change in the crop to be planted;

(3)

To

require

the

agricultural

lessee,

taking

into

consideration

his

financial

capacity

and

the

credit

facilities available to him, to adopt in his farm proven farm

practices necessary to the conservation of the land,

improvement

of

its

fertility

and

increase

of

its

productivity: Provided, That in case of disagreement as to

what proven farm practice the lessee shall adopt, the

same shall be settled by the Court according to the best

interest of the parties concerned; and

(4) To mortgage expected rentals.

Section 30. Obligations of the Agricultural Lessor - It shall

be the obligation of the agricultural lessor:

(1) To keep the agricultural lessee in peaceful possession

and cultivation of his landholding; and

(2) To keep intact such permanent useful improvements

existing on the landholding at the start of the leasehold

relation as irrigation and drainage system and marketing

allotments, which in the case of sugar quotas shall refer

both to domestic and export quotas, provisions of existing

laws to the contrary notwithstanding.

Section 31. Prohibitions to the Agricultural Lessor - It shall

be unlawful for the agricultural lessor:

(1) To dispossess the agricultural lessee of his landholding

except upon authorization by the Court under Section

thirty-six. Should the agricultural lessee be dispossessed

of his landholding without authorization from the Court,

the agricultural lessor shall be liable for damages suffered

by the agricultural lessee in addition to the fine or

imprisonment prescribed in this Code for unauthorized

dispossession;

(2) To require the agricultural lessee to assume, directly or

indirectly, the payment of the taxes or part thereof levied

by the government on the landholding;

(3) To require the agricultural lessee to assume, directly or

indirectly,

any

part

of

the

rent,

"canon"

or

other

consideration

which

the

agricultural

lessor is under

obligation to pay to third persons for the use of the land;

(4) To deal with millers or processors without written

authorization of the lessee in cases where the crop has to

be sold in processed form before payment of the rental;

or

(5) To discourage, directly or indirectly, the formation,

maintenance or growth of unions or organizations of

agricultural lessees in his landholding, or to initiate,

dominate,

assist

or

interfere

in

the

formation

or

administration of any such union or organization.

Section 32. Cost of Irrigation System - The cost of

construction of a permanent irrigation system, including

distributary canals, may be borne exclusively by the

agricultural lessor who shall be entitled to an increase in

rental

proportionate

to

the

resultant

increase

in

production:

Provided ,

That

if

the

agricultural

lessor

refuses

to

bear

the

expenses

of

construction

the

agricultural lessee/or lessees may shoulder the same, in

which case the former shall not be entitled to an increase

in

rental

and

shall,

upon

the

termination

of

the

relationship, pay the lessee or his heir the reasonable

value of the improvement at the time of the termination:

Provided, further , That if the irrigation system constructed

does

not

work,

it

shall

not

be

considered

as

an

improvement

within

the

meaning

of

this

Section:

Provided,

furthermore ,

That

the

lessees,

either

as

individuals

or

as

groups,

shall

undertake

the

management and control of irrigation systems within

their respective jurisdiction. However, those constructed

and operated by the government may be given to the

lessees either as individuals or as groups at their option

with the right to maintain, manage and operate such

irrigation systems and to collect and receive rentals

therefrom: Provided, still further , That the lessees, either

as individuals or as groups, shall allocate not more than

twenty-five per cent of their collection for rentals to the

government if the irrigation system has obligations to

meet until paid, otherwise such irrigation system will be

maintained, managed and operated solely by the lessees

either as individuals or as groups, subject to such rules on

water rights and water use promulgated by the National

Irrigation

Administration

or

such

other

government

agencies authorized by law: Provided, finally , That if the

irrigation system is installed and/or constructed at the

expense of the landowner or agricultural lessor, the

Department of Agrarian Reform shall initiate, while the

Land Bank shall finance, the acquisition of such irrigation

system at its current fair market value so that the

ownership thereof may be vested in the lessees as

individuals or groups. (Amendments to RA No. 3844

(Agricultural Land Reform Code), Republic Act No. 6389,

[September 10, 1971])

Section 33. Manner, Time and Place of Rental Payment -

The consideration for the lease of the land shall be paid in

an amount certain in money or in produce, or both,

payable

at

the

place

agreed

upon

by

the

parties

immediately

after

threshing

or

processing

if

the

consideration is in kind, or within a reasonable time

thereafter, if not in kind.

In

no

case

shall

the

agricultural lessor require the

agricultural lessee to file a bond, make a deposit or pay

the rental in advance, in money or in kind or in both, but a

special and preferential lien is hereby created in favor of

the agricultural lessor over such portion of the gross

harvest necessary for the payment of the rental due in his

favor.

Section 34. Consideration for the Lease of Riceland and

Lands Devoted to Other Crops - The consideration for the

lease of riceland and lands devoted to other crops shall

not be more than the equivalent of twenty-five per

centum of the average normal harvest or if there have

been no normal harvests, then the estimated normal

harvest during the three agricultural years immediately

preceding the date the leasehold was established after

deducting the amount used for seeds and the cost of

harvesting, threshing, loading, hauling and processing,

whichever are applicable: Provided , That if the land has

been cultivated for a period of less than three years, the

initial consideration shall be based on the average normal

harvest or if there have been no normal harvests, then the

estimated normal harvest during the preceding years

when the land was actually cultivated, or on the harvest

of the first year in the case of newly cultivated lands, if

© Compiled By RGL

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