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

Section 49

Notwithstanding any agreement or provision of law as to the period or future surrender of the land, in all cases where land devoted to any agricultural purpose is held under any system of tenancy, the tenant shall not be dispossessed of his holdings by the landholder except for any of the causes hereinafter enumerated and only after the same has been proved before and the dispossession is authorized by the court. It shall likewise be unlawful for any third party to dispossess the tenant of his holding except by order of the Court. Any violation of this provision shall be penalized in accordance with section fifty-seven of this Act and/or under the general provisions of law applicable to the act committed. (as amended)

Section 50

Any of the following shall be a sufficient cause for the dispossession of a tenant from his holdings: (a) The bona fide intention of the landholder-owner or his relative within the first degree by consanguinity to cultivate the land himself personally or through the employment of farm machinery and implements: Provided, however, That should the landholder-owner or the aforesaid relative not cultivate the land himself for at least three years or the landholder-owner and his successor in interest should fail to employ mechanical farm implements for a period of at least five years after dispossession of the tenant, it shall be presumed that he acted in bad faith and the tenant shall have the right to demand possession of the land and damages for any loss incurred by him because of said dispossession: Provided, further, That the landholder-owner or the aforesaid relative shall, at least one year but not more than two years prior to the date of his petition to dispossess the tenant under this sub-section, file notice with the court and shall inform the tenant in writing in a language or dialect known to the latter of his intention to cultivate the land himself, either personally or through the employment of mechanical implements: Provided, That in the latter case, the notice to the tenant and to the court should be accompanied by a certification of the agricultural tenancy commission that the land is suited for mechanization and by a certification by the manager of the national resettlement and rehabilitation administration that it will be able to provide immediate resettlement to the tenants in case their dispossession is authorized by the court: Provided, further, That in case any dispossessed tenant is not willing to be resettled, his possession shall not be enforced until the lapse of one year from the date the decision becomes final: Provided, further, That the dispossessed tenant and the members of the immediate household who were not resettled shall be preferred in the employment of necessary laborers under the new set-up: Provided finally, That a landholder may mechanize certain farm operations in a tenanted farm without ejecting any tenant by filing a petition with the court accompanied by a certification of the farm operations applied for will lower the cost of production and will improve the farm culture, in which case the increase in the share of the landholder shall be fixed by the Court in proportion to the labor of the tenant that will be displaced by the farm machine. (as amended) (b) When the current tenant violates or fails to comply with any of the terms and conditions of the contract or any of the provisions of this Act: Provided, however, That this subsection shall not apply when the tenant has substantially complied with the contract or with the provisions of this Act. (c) The tenant's failure to pay the agreed rental or to deliver the landholder's share: Provided, however, That this shall not apply when the tenant's failure is caused by a fortuitous event or force majeure. (d) When the tenant uses the land for a purpose other than that specified by agreement of the parties. (e) When a share-tenant fails to follow these proven farm practices which, as determined by the court of agrarian relations, will contribute towards the proper care of the land and increased agricultural production in case of conflict as to whether the margate or any other accepted scientific system is a proven farm practice for any particular land, the conflict shall be decided by the court taking the testimony of the proper government officials. (as amended) (f) When the tenant through negligence permits serious injury to the land which will impair its productive capacity. (g) Conviction by a competent court of a tenant or any member of his immediate family or farm household of a crime against the landholder or a member of his immediate family.

Section 51

The burden of proof to show the existence of a lawful cause for the ejectment of a tenant shall rest upon the landholder.