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PRESIDENTIAL DECREE NO. 1040
PRESIDENTIAL DECREE NO. 1040 -
REITERATING THE PROHIBITION AGAINST AGRICULTURAL SHARE TENANCY IN ALL
AGRICULTURAL LANDS AND PROVIDING PENALTIES THEREFOR
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WHEREAS,
under the provisions of the Code of Agrarian Reforms, agricultural
share tenancy in private agricultural lands covered by Presidential
Decree No. 27 with the exceptions and/or qualifications provided for
therein, has been declared contrary to public policy and automatically
converted into agricultural leasehold;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 2 proclaimed the whole country as a
land reform area;chanroblesvirtualawlibrary
WHEREAS, notwithstanding such provisions in the Code of Agrarian
Reforms and Presidential Decree No. 2, many landowners landholders,
civil law lessees, legal possessors, usufructuaries of tenanted private
agricultural lands, including persons acting for and in their behalf
still insist that the cropsharing system govern the tenancy
relationship between them and their tenants;chanroblesvirtualawlibrary
WHEREAS, the penal provisions of the Code of Agrarian Reforms are
inadequate to enforce full compliance with the declared policy on
leasehold, and therefore, it is imperative to strengthen said penal
provisions by including therein, landholders, civil law lessees, legal
possessors, usufructuaries, or persons acting for and in their behalf,
and by imposing stiffer penalties;chanroblesvirtualawlibrary
WHEREAS, the continuation of the feudal agricultural share tenancy
system adversely impedes and obstructs the implementation of the
Agrarian Reform Program of the New Society.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order the following:cralaw:red
Section 1. The leasehold system shall govern the
relation between the landowner, landholder, civil law lessee, legal
possessor, usufructuary, or any person acting for and in behalf, and
the tenant-farmer in all tenanted private agricultural lands that have
come under or are covered by and subject to the provisions of
Presidential Decree No. 27.
Section 2. In all cases covered by Section 1 hereof,
the existence of an actual sharing arrangement between the landowner,
landholder, civil law lessee, legal possessor, usufructuary, or any
person acting for and in his behalf, and his tenants shall give rise to
the presumption that such landowner, landholder, civil law lessee,
legal possessor, usufructuary or person has continued and maintained,
or has entered into a share tenancy contract or relationship with the
tenant. chanroblesvirtualawlibrary
Section 3. The landowner, landholder, civil law
lessee, legal possessor, usufructuary, or any person acting for and in
his behalf, shall be given one agricultural year from the promulgation
of this Decree before the penal provisions hereof shall operate against
him. In case the tenant is alleged to be unwilling to accept leasehold,
then the landowner, landholder, civil law lessee, legal possessor,
usufructuary or any person acting for and in his behalf, shall report
the matter to the Department of Agrarian Reform which shall immediately
give effect to the provisions of all laws governing tenancy, making
them retroactive whenever necessary and proper to comply with said laws.
Section 4. The Department of Agrarian Reform is
hereby empowered to promulgate rules and regulations to implement this
Decree.
Section 5. The Secretary of National Defense shall
assist the Secretary of Agrarian Reform in the implementation of this
Decree.
Section 6. Any landowner, landholder, civil law
lessee, legal possessor, usufructuary, or any person acting for and in
behalf, who shall violate Section 1 of this Decree by continuing and
maintaining the share tenancy system, or by entering into a share
tenancy contract or relationship with another, as tenant, shall, upon
conviction, suffer the penalty of prision mayor or a fine ranging from
P5,000 to P10,000, or both, in the discretion of the court. In the case
of juridical persons, the manager or the person who has charge of the
management or administration of the property, or in his absence the
person acting in his stead, shall be liable under this Section.
Section 7. Violations of the penal provision of this
Decree shall exclusively be cognizable by the Courts of Agrarian
Relations.
Section 8. All provisions of existing laws, decrees,
orders, and rules and regulations inconsistent herewith are hereby
repealed or modified accordingly.
Section 9. This Decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 21st day of October in the year of Our Lord, nineteen hundred and
seventy-six.
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Since 19.07.98
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