AN ACT AMENDING CERTAIN SECTIONS OF ACT NUMBERED FOUR THOUSAND FIFTY-FOUR
Download as PDF
Download as Word
Collections
Create new Collection
Overview
Full Text
Details
Case
Agency Issuance Number
Published Date
AN ACT AMENDING CERTAIN SECTIONS OF ACT NUMBERED FOUR THOUSAND FIFTY-FOUR
Republic Act No. 34
September 30, 1946
Case Overview and Summary
Summary of Republic Act No. 34 (An Act Amending Certain Sections of Act Numbered Four Thousand Fifty-Four, as Amended, Otherwise Known as "The Philippine Rice Share Tenancy Act")Definitions and Coverage (Section 3):
- "Landlord" includes natural or juridical persons who are real owners, lessees, usufructuaries, or legitimate possessors of agricultural land cultivated by another.
- "Tenant" refers to a farmer or farm laborer who works and cultivates land for another person.
Contract Requirements (Section 4):
- Share tenancy contracts must be in triplicate, in a language/dialect known to all parties, and signed/thumb-marked by the landlord/representative and tenant before two witnesses.
- One copy each for the landlord and tenant, and the third copy registered with the municipal treasurer where the land is located.
- Contract forms shall be uniform and provided by the Department of Justice.
- Oath/affirmation before the municipal treasurer is sufficient for acknowledgment, with no fees or stamps required.
Freedom to Contract and Public Policy Provisions (Section 7):
- Landlords and tenants are free to enter into any tenancy contract, as long as it is not contrary to existing laws, morals, and public policy.
- The contract is conclusive evidence of the agreement, unless denounced or impugned within 30 days of registration.
- Stipulations against public policy include:
- Tenant receiving less than 55% of net produce when furnishing work animals, farm implements, and equally sharing expenses with the landlord. (Section 7(a))
- Rental higher than 25% of estimated normal harvest for fixed rental contracts. (Section 7(b))
- Tenant receiving less than 50% of net crop when the landlord owns work animals, tenant owns farm implements, and expenses are equally divided. (Section 7(c))
Share Basis and Expense Allocation (Section 8):
- In the absence of a written agreement:
- If the tenant furnishes implements, work animals, and all expenses, the crop division is:
- 70% for the tenant and 30% for the landlord for first-class land (>40 cavans of palay per cavan of seeds).
- 75% for the tenant and 25% for the landlord for other land (≤40 cavans of palay per cavan of seeds).
- If the landlord furnishes work animals, implements, and all expenses, the division is 70% for the landlord and 30% for the tenant.
- If the landlord furnishes work animals and implements, and expenses are equally shared, the crop is divided equally.
- Harvesting and threshing expenses are deducted from the gross produce.
- Irrigation system maintenance expenses are for the tenant's account, but amortization for construction costs is for the landlord's account.
- Privately owned irrigation system expenses shall be agreed upon, but in case of disagreement, construction costs are for the landlord's account, and distribution canal costs are for the tenant's account.
- The division shall be made where the crop is threshed, and each party transports their share, unless otherwise stipulated.
Auxiliary Crops (Section 9):
- In the absence of a written agreement, if the land is planted with a second rice crop or other auxiliary crops, and all expenses are borne by the tenant, the division is 80% for the tenant and 20% for the landlord.
- Auxiliary crops do not include crops or products raised from the tenant's residential garden, poultry, and other minor industries.
Residential Lot (Section 22):
- The tenant is entitled to construct a dwelling on the cultivated land.
- Once a dwelling is constructed, the tenant is entitled to a fixed residential lot of 600-1,000 square meters, depending on land availability and area cultivated, for a garden, poultry, and other minor industries.
- The products from the residential lot shall accrue exclusively to the tenant.
- The tenant has 45 days to remove the house upon cancellation of the tenancy contract.
- If the tenant fails to use the residential lot for the intended purposes for 6 months, it shall revert to palay cultivation.
Preferential Lien and Interest (Section 4):
- If the landlord has advanced money, seeds, or the like to the tenant, the landlord shall have a preferential lien on the tenant's share for the payment of such advances plus 6% interest per annum.
Amends
n/a
Amended by
n/a
Tags
Statutes
Republic Acts
share tenancy
landlord
tenant
contract
crop sharing
rental
public policy
net produce
work animals
farm implements
planting expenses
cultivation expenses
harvesting expenses
threshing expenses
irrigation systems
auxiliary crops
residential lot
preferential lien
advances
interest
Law
AN ACT AMENDING CERTAIN SECTIONS OF ACT NUMBERED FOUR THOUSAND FIFTY-FOUR
Republic Act No. 34
•September 30, 1946
Republic Act No. 34             September 30, 1946
AN ACT AMENDING CERTAIN SECTIONS OF ACT NUMBERED FOUR THOUSAND FIFTY-FOUR, AS AMENDED, OTHERWISE KNOWN AS "THE PHILIPPINE RICE SHARE TENANCY ACT"
Section 1. Sections three and four of Act Numbered Four thousand and fifty-four are hereby amended to read as follows:
"Sec. 3. Landlord and tenant interpreted. - For the purpose of this Act, the word "landlord" shall mean and include either a natural or juridical person who is the real owner of the land which is the subject-matter of the contract, as well as a lessee, a usufructuary or any other legitimate possessor of agricultural land cultivated by another; and the word "tenant" shall mean a farmer or farm laborer who undertakes to work and cultivates land for another or a person who furnishes the labor with the consent of the landlord.
"Sec. 4. Form of contract. - The contract on share tenancy, in order to be valid and binding, shall be drawn in triplicate in the language or dialect...
Login to see full content
Amends
n/a
Amended by
n/a