Article 133Labor and Agrarian Laws and Social Legislation, p. 133

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

more than one harvest from planting, "agricultural year"

shall be the period from the preparation of the land to

the first harvest and thereafter from harvest to harvest. In

both cases, the period may be shorter or longer than a

calendar year.

(5) "Court" means the Court of Agrarian Relations.

(6) Fair rental value" means the value not in excess of

allowable depreciation plus six per cent interest per

annum on the investment computed at its market value:

Provided, That the fair rental value for work animal or

animals and farm implements used to produce the crop

shall not exceed five per cent of the gross harvest for the

work animal or animals and five per cent for implements.

(7) "Farm implements" means hand tools or machines

ordinarily employed in a farm enterprise.

(8) "Immediate farm household" means the members of

the family of the lessee or lessor and other persons who

are dependent upon him for support and who usually

help him in his activities.

(9) "Incapacity" means any cause or circumstance which

prevents the lessee from fulfilling his contractual and

other obligations under this Code.

(10) "Inspect" means to enter, examine and observe.

Under no circumstance, however, shall such entrance,

examination and observation be utilized to commit any

act of intimidation or coercion nor shall it be utilized to

impair the civil rights of the individuals affected.

(11)

"Proven

farm

practices"

means

sound

farming

practices generally accepted through usage or officially

recommended

by

the

Agricultural

Productivity

Commission for a particular type of farm.

(12) "Work animals" means animals ordinarily employed in

a farm enterprise, such as carabaos, horses, bullocks, etc.

(13) "Personal cultivation" means cultivation by the lessee

or lessor in person and/or with the aid of labor from

within his immediate household.

As used in Chapter II:

(14) "Farm employer" includes any person acting directly

or indirectly in the interest of a farm employer whether

for profit or not, as well as a labor contractor, but shall not

include any labor organization (otherwise than when

acting as a farm employer) or anyone acting in the

capacity of an officer or agent of such labor organization.

(15) "Farm worker" includes any agricultural wage, salary

or piece but is not limited to a farm worker of a particular

farm employer unless this Code explicitly states otherwise

and

any

individual

whose

work

has

ceased

as

a

consequence of, or in connection with, a current agrarian

dispute or an unfair labor practice and who has not

obtained

a

substantially

equivalent

and

regular

employment.

Whenever the term "farm worker" is used in this Code, it

shall be understood to include farm laborer and/or farm

employee.

(16) "Farm workers' organization" includes any union or

association of farm workers which exists, in whole or in

part, for the purpose of collective bargaining or dealing

with farm employers concerning terms and conditions of

employment.

(17) "Agrarian dispute" means any controversy relating to

terms,

tenure

or

conditions

of

employment,

or

concerning an association or representation of persons in

negotiating, fixing, maintaining, changing, or seeking to

arrange terms or conditions of employment, regardless of

whether the disputants stand in the proximate relation of

farm employers and employees.

As used in Chapter III of this Code:

(18) "Idle lands" means land not devoted directly to any

crop or to any definite economic purpose for at least one

year prior to the notice of expropriation except for reasons

other than force majeure or any other fortuitous event

but used to be devoted or is suitable to such crop or is

contiguous to land devoted directly to any crop and does

not include land devoted permanently or regularly to

other essential and more productive purpose.

(19) "Abandoned lands" means lands devoted to any crop

at least one year prior to the notice of expropriation, but

which was not utilized by the owner for his benefit for the

past five years prior to such notice of expropriation.

(20) "Economic family-sized farm units" means an area of

farm land that permits efficient use of labor and capital

resources of the farm family and will produce an income

sufficient to provide a modest standard of living to meet

a farm family's needs for food, clothing, shelter, and

education with possible allowance for payment of yearly

installments on the land, and reasonable reserves to

absorb yearly fluctuations in income.

(21) "Suitably for economic family-size farm" refers to

situations where a parcel of land whose characteristics,

such as climate, soil, topography, availability of water and

location,

will

support

a

farm

family

if

operated

in

economic family-size farm units and does not include

those where large-scale operations will result in greater

production and more efficient use of land.

(22) "Agricultural owner-cultivator" means any person

who,

providing

capital

and

management, personally

cultivates his own land with the aid of his immediate

family and household.

(23) "Owner-manager" means the owner of a parcel of

land devoted to agricultural production who provides the

capital and management in the farm enterprise.

(24) "Labor administration" means cases where farm

workers

are

employed

wholly

in

the

agricultural

production.

(25) "Share tenancy" as used in this Code means the

relationship which exists whenever two persons agree on

a joint undertaking for agricultural production wherein

one party furnishes the land and the other his labor, with

either or both contributing any one or several of the items

of production, the tenant cultivating the land personally

with the aid of labor available from members of his

immediate farm household, and the produce thereof to

be divided between the landholder and the tenant.

(26) "Tax free" in reference to bonds and shares of stock

issued by the Land Bank as payment for acquired private

agricultural land shall mean all government taxes, except

gift tax and inheritance tax.

Section 167. Penal Provisions -

(1) Violation of the provisions of Section thirteen and

twenty-seven and paragraph 1 of Section thirty-one of this

Code shall be punished by a fine not exceeding one

thousand pesos or imprisonment not exceeding one year

or both in the discretion of the court. In case of juridical

persons, the manager or the person who has charge of

the management or administration of the property or, in

his default, the person acting in his stead, shall be liable

under this Section.

(2) Any person, natural or juridical, who induces another,

as tenant, to execute or enter into a share tenancy

contract with himself or with another in violation of this

Code shall be punished by a fine not exceeding five

thousand

pesos

with

subsidiary

imprisonment

in

accordance with the Revised Penal Code: Provided, That

the

execution of a share tenancy contract shall be

considered prima facie evidence of such inducement as

to the owner, civil law lessee, usufructuary or legal

possessor. In case of juridical persons, the manager or the

person

who

has

charge

of

the

management

or

administration of the property or, in his default, the

person acting in his stead, shall be liable under this

Section.

(3) Any person who executes an affidavit as required by

Section thirteen of Chapter I, knowing the contents

thereof to be false, shall be punished by a fine not

exceeding one thousand pesos or imprisonment of not

more than one year, or both, in the discretion of the court.

© Compiled By RGL

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