Question & AnswerQ&A (Republic Act No. 34)
Under Republic Act No. 34, the 'landlord' means and includes either a natural or juridical person who is the real owner of the land, as well as a lessee, usufructuary, or any other legitimate possessor of agricultural land cultivated by another.
The 'tenant' is defined as a farmer or farm laborer who undertakes to work and cultivate land for another or a person who furnishes the labor with the consent of the landlord.
The share tenancy contract must be drawn in triplicate in a language or dialect known to all parties, signed or thumb-marked by both landlord and tenant before two witnesses, and filed and registered with the municipal treasurer’s office. Both the landlord's and tenant's copies must bear the municipal treasurer's annotation confirming registration.
No fees or stamps of any kind shall be paid or required for the acknowledgment and registration of the share tenancy contract.
Stipulations are against public policy if: (a) the tenant receives less than 55% of net produce when furnishing work animals and implements with expenses equally shared; (b) rental is over 25% of estimated normal harvest for fixed rental contracts; or (c) if landlord owns work animals and tenant owns farm implements with equal expenses but tenant receives less than 50% of net crop.
When the tenant furnishes the work animals, implements, and bears all expenses, the crop is divided 70% for tenant and 30% for landlord for first-class land, or 75% for tenant and 25% for landlord for less productive land.
Expenses for harvesting and threshing are deducted from the gross produce. Maintenance of irrigation systems is charged to the tenant, while amortization for construction costs is charged to the landlord. For privately-owned irrigation systems, construction expenses are for the landlord, while distribution canal costs are for the tenant.
The tenant shall receive 80% and the landlord 20% of the net produce from auxiliary crops if the tenant bears all production expenses.
The tenant is entitled to build a dwelling on the cultivated land and to a fixed residential lot between 600 to 1000 square meters depending on land availability and area cultivated, to be used for garden, poultry, and minor livelihood industries.
The tenant has 45 days to remove the dwelling after cancellation. If the residential lot is not used for the agreed purposes for six months, it reverts to palay cultivation by the landlord.