Comprehensive Agrarian Reform Law and the Agricultural Tenancy Act of the Philippines

Section 22

Rights of the Tenant. (1) The tenant shall be free to work elsewhere whenever the nature of his farm obligation warrants his temporary absence from his holdings. (2) The tenant shall, aside from his labor, have the right to provide any of the contributions for production whenever he can do so adequately and on time subject to the provisions of section fourteen of this Act. (as amended) (3) The tenant shall have the right to demand for a home lot suitable for dwelling with an area of not more than 3 per cent of the area of his landholding provided that it does not exceed one thousand square meters and that it shall be located at a convenient and suitable place within the land of the landholder to be designated by the later where the tenant shall construct his dwelling and may raise vegetables, poultry, pigs and other animals and engage in minor industries, the products of which shall accrue to the tenant exclusively. The Tenant's dwelling shall not be removed from the lot already assigned to him by the landholder, except as provided in section twenty-six unless there is a severance of the tenancy relationship between them as provided under section nine, or unless the tenant is ejected for cause, and only after the expiration of forty-five days following such severance of relationship or dismissal for cause. (as amended) If the tenant is dismissed without just cause and he is constrained to work elsewhere, he may choose either to remove his dwelling at the landholder's cost or demand the value of the same from the landholder at the time of the unjust dismissal. (4) The tenant shall have the right to be indemnified for his labor and expenses in the cultivation, planting, or harvesting and other incidental expenses for the improvement of the crop raised in case he is dispossessed of his holdings, whether such dismissal is for a just cause and not, provided the crop still exists at the time of the dispossession.

Section 23

It shall be the obligation of the tenant: (1) To cultivate and take care of the farm, the growing crop and other improvements entrusted to him as a good father of a family, by doing all the work necessary in accordance with proven farming practices. (2) To inform the landholder at once of any trespass committed by a third person upon the farm. (3) To take reasonable care of the work animals and farm implements used in the point undertaking. He shall not use the work animals and farm implements entrusted to him by the landholder for purposes other than those intended, or allowed their use by other persons without the knowledge and consent of the landholder. The tenant shall not abandon or surrender his holdings and leave the farm and growing crop and other improvements unattended during the watch season, except for just and reasonable cause. In case of such unjustified abandonment or surrender, any or all of his expected share in the crop may, in the discretion of the court, be forfeited in favor of the landholder to the extent of the damage caused thereby. Any of the following shall be considered just and reasonable cause for the tenant to terminate the tenancy relationship; (a) Cruel, inhuman or offensive treatment on the part of the landholder of his representative toward the tenant or any member of his immediate farm household. (b) Non-compliance on the part of the landholder with any of the obligations imposed upon him by the provisions of this Act or by the contract. (c) If the landholder or his representative compels the tenant or any member of his immediate farm household to do any work or render any service not in any way connected with his farm work, or even without compulsion if no compensation is paid. (d) Commission of a crime by the landholder or his representative against the tenant or any member of his immediate farm household.

Section 24

Prohibitions to Tenant: (1) It shall be unlawful for the tenant, whenever the area of his holdings is five hectares or more, or is sufficient size to make him and the members of his immediate farm household fully occupied in its cultivation, to contract to work at the same time on two or more separate holdings belonging to different landholders under any system of tenancy, without the knowledge and consent of the land-holder with whom he first entered into tenancy relationship. (2) It shall be unlawful for a share-tenant to employ a sub-tenant to furnish labor or any phase of the work required of him under this Act, except in cases of illness or any temporary incapacity on his part, in which eventuality the tenant or any member of his immediate farm household is under obligation to report such illness or incapacity to the landholder. Payment to the sub-tenant, in whatever form, for services rendered on the land under this circumstance, shall be for the account of the tenant. (3) Subject to provisions of the next preceding paragraph, land entrusted for cultivation to a leasehold tenant shall not be sub-let nor shall the lease be assigned by the tenant to another person, except with the written consent of the lessor.

Section 25

Rights of the Landholder: (1) The landholder shall have the right to choose the kind of crop and the seeds which the tenant shall plant in his holdings: Provided, That if the tenant should object, the court shall settle the conflict according to the best interest of both parties: Provided, further, That in no case shall a tenant be ejected as a consequence of a change in crop. (as amended) (2) The landholder shall have the right to require the tenant to follow those proven farm practices which have been found to contribute towards increased agricultural production and to use fertilizer of the kind or kinds shown by proven farm practices to be adopted to the requirements of the land: Provided, That in case of disagreement thereto by the tenant, the court shall settle the conflict according to the best interest of both parties. (as amended) (3) The landholder shall have the right to inspect and observe the extent of compliance on the part of the tenant with the terms and conditions of their contract and the provisions of this Act. (4) In cases where the crop has to be sold in processed form before division and the tenant has no representative, the landholder, shall have the right to deal with millers or processors in representation of the tenant.

Section 26

Obligations of the Landholder: (a) The landholder shall furnish the tenant with a home lot as provided in section 22 (3): Provided, That should the landholder designated another site for such home lot than that already occupied by the tenant, the former shall bear the expenses of transferring the existing house and improvements from the home lot already occupied by the tenant to the site newly designated by the former: Provided, further, That if the tenant disagrees to the transfer of the home lot, the matter shall be submitted to the court for determination. (as amended) (b) The landholder shall keep the tenant in the peaceful possession and cultivation of his landholdings which are the subject matter of the contract.

Section 27

Prohibitions to the Landholder: (1) The landholder shall not dispossess the tenant of his holdings except for any of the causes enumerated in Section fifty, and without the cause having been proved before, and the dispossession authorized by, the court; otherwise, he shall, aside from the penalty of fine and/or imprisonment provided for any violation of this Act, be liable to the tenant for damages to the extent of the landholder's right under Section twenty-two of this Act. (2) The landholder shall be responsible for the payment of taxes levied by the Government upon the land which is the subject-matter of the contract and it shall be unlawful to make the tenant bear in part of all of the same, either directly or indirectly. (3) The landholder shall not require the tenant to bear, directly or indirectly, any part of the rent, "canon" or other consideration which he, the former, may be under obligation to pay to a third person for the use of the land. (4) The landholder shall not mortgage the share of the tenant in the crop, and any mortgage executed by the landholder on the land and/or its crop shall not affect the share of the tenant in such crop. (as inserted) (5) The landholder shall not discourage, directly or indirectly, the formation, maintenance or growth of a union or organization of tenants in his landholding, but he shall not initiate, dominate, assist or interfere in the formation or administration of any such union or organization. (as inserted)

Section 28

Expenses for Seeds; Fertilizer; Pest and Weed Control Expenses. (1) The same amount of seeds or seedlings used in the production of any crop shall be deducted from the gross harvest and returned to the party who furnished the same. (2) The cost of fertilizer and expenses for pest and disease control, as evidenced by sales invoices and/or receipts, as well as the cost of weeding beyond the customary practice in the locality shall be paid out of the gross harvest and returned to the party who advanced the cost expenses. In case of disagreement as to the cost of weeding, the court shall determine the same. (as amended)

Section 29

The cost of the construction of an irrigation system, including the distributory canals, shall be borne exclusively by the landholder. The cost of maintenance and operation of the system shall, however, be borne by the landholder and the tenant in proportion to their respective shares in the harvest.

Section 30

In case the land is planted to an auxiliary crop, the tenant shall receive eighty per centum and the landholder twenty per centum of the net produce, provided all expenses of production are borne by the tenant. Auxiliary crops shall, not, however, be construed to include the crops or products raised from the garden, poultry and other industries carried on the lot specifically provided for the tenant under Section 26(a) hereof.

Section 31

Whenever the use of fertilizer, the application of insect, disease and rodent control measures or weeding beyond the customary practice in the locality is directed by the landholder, he shall advance their cost, which shall be deducted from the gross produce. (as amended)