Title
Amendments to Philippine Rice Share Tecy Act
Law
Republic Act No. 34
Decision Date
Sep 30, 1946
Amendments to The Philippine Rice Share Tenancy Act focus on defining key terms, regulating share tenancy contracts, and determining the division of crops between landlords and tenants, while also granting certain rights to the tenant.

Law Summary

Form and Registration of Share Tenancy Contracts

  • Contracts must be in triplicate, written in a language understood by all parties.
  • Must be signed/thumb-marked by both landlord (or authorized representative) and tenant before two witnesses.
  • Illiterate parties may have a witness read the contract to them.
  • Copies retained by both parties; third copy filed and registered with the municipal treasurer's office where the land is located.
  • Registration requires annotations in landlord’s and tenant’s contracts by the municipal treasurer.
  • Forms prepared and furnished by the Department of Justice; no fees or stamps required.
  • Oath or affirmation before municipal treasurer suffices for acknowledgment.

Freedom to Contract and Prohibited Stipulations

  • Landlord and tenant may contract freely unless terms violate laws, morals, or public policy.
  • Contract is conclusive unless challenged for fraud or error within 30 days of registration.
  • Prohibited agreements include:
    • Tenant receiving less than 55% of net produce when tenant furnishes animals, implements, and shares expenses equally.
    • Tenant paying rent exceeding 25% of estimated normal harvest for fixed rental contracts.
    • Tenant receiving less than 50% of net crop when landlord owns animals and tenant owns implements with equal expense sharing.

Share Basis and Division of Crops

  • Without contrary written agreement:
    • Tenant who provides implements, work animals, and all planting/cultivation expenses receives 70%-75% of net produce (depending on land quality).
    • Landlord providing animals, implements, and expenses receives 70%, tenant 30%.
    • When expenses are equally shared, crop is split 50-50.
  • Harvesting and threshing expenses deducted from gross produce.
  • Tenant pays for irrigation system maintenance; landlord pays amortization for system construction.
  • Disputes over private irrigation system costs default to landlord bearing construction costs except distribution canals, which are tenant’s responsibility.
  • Crop division occurs at threshing site; parties transport respective shares unless agreed otherwise.

Auxiliary Industry Provisions

  • Tenant entitled to 80% of net produce if tenant bears all costs for second crops or auxiliary crops without written agreement to contrary.
  • Auxiliary industry excludes gardens, poultry, or similar activities on tenant’s residential lot.

Rights Relating to Dwelling Lots

  • Tenant may build a dwelling on cultivated land.
  • Tenant is entitled to a residential lot sized between 600 and 1,000 square meters for dwelling and minor livelihood activities.
  • Products from purpose-designated lot accrue exclusively to tenant.
  • Upon tenancy cancellation, tenant has 45 days to remove the dwelling.
  • Lot reverts to palay cultivation if not used for designated purposes for six months.

Effectivity and Lien for Landlord Advances

  • Act takes effect immediately.
  • Landlord who has advanced money, seeds, or similar to tenant holds a preferential lien on tenant’s share for the amount advanced plus 6% interest annually.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.