Amending Presidential Decree No. 1040 By Strengthening the Prohibition Against Agricultural Share Tenancy and Providing Penalties for Violation Thereof
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Amending Presidential Decree No. 1040 By Strengthening the Prohibition Against Agricultural Share Tenancy and Providing Penalties for Violation Thereof
Presidential Decree No. 1425
June 10, 1978
Case Overview and Summary
Summary of Presidential Decree No. 1425Strengthening the Prohibition Against Agricultural Share Tenancy
- The agricultural leasehold system shall govern the relationship between landowners/lessees and tenant-farmers in rice and/or corn lands not covered by the land transfer program under Presidential Decree No. 27, as well as in tenanted lands devoted to other crops, with exceptions provided in Sections 4 and 35 of the Code of Agrarian Reforms. (Section 1)
- All agricultural leasehold contracts shall be reduced in writing and registered, either before the municipal judge or the field lawyer of the Department of Agrarian Reform commissioned as a Notary Public. (Section 2)
- Any landowner/lessee who refuses to comply with the leasehold system and continues the share tenancy system, or induces another to enter into a share tenancy arrangement, shall be punished with 2 years imprisonment or a fine of not more than P5,000, or both, at the court's discretion. The execution of a share tenancy contract is prima facie evidence of inducement. (Section 3)
- If the tenant refuses to enter into a leasehold contract, they may be proceeded against before the Court of Agrarian Relations under Section 4 of Republic Act No. 3844, as amended by Republic Act No. 6389, and other pertinent laws. (Section 4)
- Violations of the penal provisions shall be exclusively cognizable by the Court of Agrarian Relations. (Section 5)
- Presidential Decree No. 1040 and other inconsistent laws, decrees, orders, and rules are repealed, amended, or modified accordingly. (Section 6)
- The Decree took effect immediately upon its issuance on June 10, 1978. (Section 7)
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Executive Issuances
Presidential Decrees
agricultural share tenancy
agricultural leasehold
Code of Agrarian Reforms
Presidential Decree No. 27
rice and corn lands
tenanted lands
leasehold contracts
municipal judge
Department of Agrarian Reform
Notary Public
share tenancy system
inducement
imprisonment
fine
Court of Agrarian Relations
Republic Act No. 3844
Republic Act No. 6389
penal provisions
Presidential Decree No. 1040
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Amending Presidential Decree No. 1040 By Strengthening the Prohibition Against Agricultural Share Tenancy and Providing Penalties for Violation Thereof
Presidential Decree No. 1425
•June 10, 1978
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1425
AMENDING PRESIDENTIAL DECREE NO. 1040 BY STRENGTHENING THE PROHIBITION AGAINST AGRICULTURAL SHARE TENANCY AND PROVIDING PENALTIES FOR VIOLATION THEREOF
WHEREAS, under the provisions of the Code of Agrarian Reforms, agricultural share tenancy throughout the country, with the exceptions and/or qualifications provided for in said Code, has been declared contrary to public policy and automatically converted into agricultural leasehold;
WHEREAS, under Presidential Decree No. 2 dated September 26, 1972, the whole country has been proclaimed as a land reform areas;
WHEREAS, notwithstanding such provisions of the Code of Agrarian Reforms and Presidential Decree No. 2, many landowners, landholders, civil law lessees, legal possessors, and usufructuaries, including persons acting for and in their behalf, particularly in tenanted rice and/or corn lands, still insist on the crop sharing system to govern the tenancy relationship with their tenants; and
WHEREAS, the penal provisions of the Code of Agrarian Reform are inadequate to enforce full compliance with the aforestated declared policy on leasehold and, therefore, there is a need to...
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