BENEFICIARIES

Tenant Farmers

Agricultural wage-earners or farm workers

Settlers including migrant workers

Owner-cultivators of less than family-size farms

LANDS COVERED BY THE CODE

Tenanted Areas

Landed Estates

Old Settlements

Proposed Settlements

COMPOSITION OF THE CODE

An agricultural leasehold system to replace all existing share tenancy systems in agriculture.

Why leasehold?

Protects tenurial and economic statusGuarantees physical possession, enjoyment and managementAssures continuity of relationsIn case lessor sells or alienates the legal possession, transferee shall be subrogated to the rights and substituted to the obligations of lessor

Agricultural leasehold?

A juridical tie between lessor and lessee

Grounds to dispossess a lessee?

Failure to substantially comply with terms and conditions unless by fortuitous event Planting of crops or use land for other purpose than that agreedFailure to adopt proven farm practices to conserve landFault or negligence resulting in substantial damageDoes not pay rental when dueEmployed a sublessee

Extinguishment of relation v. dispossession?

Extinguishment no court approval: voluntary act (abandonment of land without knowledge of lessor, voluntary surrender by lessee) or act of God

Dispossession with court order: premised on offense by lessee

Can relation be terminated by death?

No, continue between lessor and members of lessees immediate farm household to be chosen by lessor within 1 month from death: 1. surviving spouse; 2. eldest direct descendant by consanguinity; 3. next eldest descendants in the order of their age.

Liabilities of lessor if he ejects tenant without authorization?

Fine or imprisonmentDamages sufferedAttorneys feesRemuneration for last income

Lease rental

- Shall not be more than the equivalent of 25% of the average normal harvest during the 3 agricultural years immediately preceding the date of leasehold after deducting amount used for seeds and costs of harvesting, threshing, loading, hauling and processing.

BENEFICIARIES

Beneficiaries of the Decree are the bona fide tenant farmers of private agricultural lands primarily devoted to rice and corn under a system of share-crop or lease tenancy (not farm labor), whether classified as landed estate or not.

The tenant farmer- whether in land classified aslanded estate (i.e., with an area of 24 hectares or above) or not, shall be deemed owner (subject to certain requirements and conditions) of a portion constituting a family size of five (5) hectares, if not irrigated and three (3)hectares, if irrigated. Lands transferred to tenant-farmers under the Decree will revert to the government and not to the landowners in case where the tenant abandons his tillage or refuses to take advantage of his rights under the laws.

Note that the Decree does not apply to lands owned by the government or government-owned corporation.

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