Title
Tet-Farmers' Rental Payment and Penalties
Law
Presidential Decree No. 816
Decision Date
Oct 21, 1975
Presidential Decree No. 816 addresses the issue of non-payment of leasehold rentals by tenant-farmers in the Philippines, emphasizing the need to maintain the status quo until land is covered by a Certificate of Land Transfer, and imposing penalties for deliberate non-payment.

Policy intent and land reform context

  • The government policy is to equalize the rights and obligations of landowners/agricultural lessors and agricultural lessees.
  • Payment of leasehold rentals is required to support expeditious land reform implementation.
  • Deliberate refusal to pay rentals is treated as resistance to the government’s land reform program and goals.

Scope: who is covered and what lands

  • The decree applies to any agricultural lessee of a rice or corn land under Presidential Decree No. 27.
  • The decree covers situations where the lessee deliberately refuses and/or continues to refuse to pay leasehold rentals and/or amortization payments when they fall due.
  • The consequences differ depending on whether the landholding is already covered by a Certificate of Land Transfer.

Key operative rule on rental payment

  • Section 1 prohibits and prevents the continuing and deliberate refusal of agricultural lessees to pay leasehold rentals to landowners/agricultural lessors.
  • Section 2 ties liability to a deliberate refusal to pay rentals or amortization payments that fall due.
  • Section 3 ties liability to continued non-payment of lease rentals or amortization payments when they fall due where no Certificate of Land Transfer has yet been issued.

Defined penalty trigger and duration

  • Section 2 applies when an agricultural lessee deliberately refuses and/or continues to refuse to pay rentals or amortization payments for a period of two (2) years.
  • Section 3 applies when an agricultural lessee continues not to pay lease rentals or amortization payments for a period of two (2) years.
  • The penalties in Sections 2 and 3 apply upon hearing and judgment and require final judgment in the forfeiture case.

Forfeiture where land already covered

  • Section 2 provides that if the agricultural lessee’s farmholding is already covered by a Certificate of Land Transfer, a deliberate refusal for two (2) years results in forfeiture upon hearing and final judgment.
  • The forfeiture includes (a) the Certificate of Land Transfer issued in the lessee’s favor and (b) the farmholding itself.

Loss of right to Certificate where not yet covered

  • Section 3 provides that if the agricultural lessee’s landholding is not yet covered by a Certificate of Land Transfer, continued non-payment for two (2) years results in loss of the right to be issued a Certificate of Land Transfer.
  • Section 3 further provides that the lessee also loses the farmholding upon proper hearing and judgment.

Disposition of forfeited landholdings

  • Section 4 requires that landholdings subject of forfeiture be turned over to the Samahang Nayon with which the agricultural lessee is affiliated.
  • Section 4 requires assignment to qualified member or members whose landholding/s are of uneconomic size.
  • Section 4 directs that assignments follow the policies laid down by the Department of Agrarian Reform.

Courts with jurisdiction over violations

  • Section 5 makes actions for violation of Section 2 and Section 3 cognizable by the Court of Agrarian Relations.
  • Section 5 vests the Court of Agrarian Relations with original and exclusive jurisdiction to try and decide such cases.

Repeal of inconsistent rules and immediate effect

  • Section 6 repeals or modifies existing laws, orders, decrees, and rules and regulations that are inconsistent with the decree.
  • Section 7 provides the decree’s immediate effectivity upon approval.

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