Share Basis.
SEC. 32. Share Basis.—The parties shall, on ricelands produce a normal average of more than forty cavanes per hectare for the three agricultural years next preceding the current harvest, receive as shares in the gross produce, after setting aside the same amount of palay used as seed, and after deducting the cost of fertilizer, pest and control, reaping and threshing, the amount corresponding to the total equivalent of their individual tributions, computed as follows:
Contribution
Participation
1.
Land.......................................................................
30%
2.
Labor ....................................................................
30%
3.
Farm implements.....................................................
5%
4.
Work Animals .......................................................
5%
5.
Final harrowing of the field immediately
before transplanting..................................................
5%
6.
Transplanting...........................................................
25%
Share Basis on Second Class Land.
SEC. 33. Share Basis on Second Class Land.—On rice-lands, which produce a normal average of forty cavans or less per hectare for the three agricultural years next preceding the current harvest, the participation for the contribution of the land shall be twenty-five per centum and that of labor, thirty-five per centum.
Reimbursement Not Allowed.
SEC. 34. Reimbursement Not Allowed.—Contributions or shares in the contribution to the production of the crop in the form of cash, grain or services, once shouldered or rendered alone by one party may not be reimbursed by the other party after the phase or phases of work required in the joint undertaking shall have been completed.
Sharing of Expenses.
SEC. 35. Sharing of Expenses.—In case the landholder and the tenant agree to share equally in the expenses of final harrowing of field and transplanting, the latter may engage the services of persons or helpers to perform thea phases of farm work, provided the rates for each sha have been previously determined and agreed upon between the landholder and the tenant. In case of disagreed upon said rates, the party who undertakes the work shall bear all the expenses, and be entitled to the corresponding share in the harvest, after deducting the expenses of repealing.
Further Rights of the Tenant.
SEC. 36. Further Rights of the Tenant.—In addition to the provision of Section twenty-two, the tenant shall have the right to:
Determine when to scatter the seeds, to transp the seedlings, and to reap the harvest, provided they shall be in accordance with proven farm practices and after due notice to the landholder.
Choose the thresher which shall thresh the harvest whenever it is the best available in the locality and the best suited to the landholder's and tenant's needs and provided the rate charged is equal to or lower than the rate charged by the owner of other threshers under similar circumstances: Provided, further, That in cases where there are more than one tenant the selection of the majority of the tenants shall prevail: Provided, finally, That if the landholder is the owner of a thresher and is ready and willing to grant equal or lower rates under the same conditions, the use of the landholder's thresher shall be given preference.
Apply appropriate pest, insect, disease and rodent control measures whenever in his judgment such action is necessary: Provided, however, That if a tenant fails to apply any of the above control measures after the landholder has made a request in writing for such action, he shall be liable for any loss resulting from such failure.
Apply fertilizer of the kind or kinds shown by proven farm practices to be adapted to the requirements of the land, provided the landholder has not exercised his right under Section twenty-five to require the use of such fertilizer.
Further Rights of the Landholder.
SEC. 37. Further Rights of the Landholder.—In addition to the provisions of Section twenty-five, the landholder, by himself or through his representative, may determine:
The proper height of pilapils or dikes according to the local practices.
The location and size of irrigation canals.
The site for the stacking of the harvest, provided it shall not be farther than one kilometer from the center of the area cultivated by a majority of the tenants.
The date of threshing.
Provided, however, That in case of disagreement by the tenant in any of the foregoing instances, the court shall determine whatever may be in the interest of both parties.
Labor; What It Constitutes.
SEC. 38. Labor; What It Constitutes.—The tenant sh perform the following as the labor contributed by v under Section thirty-two:
The preparation of the seedbed which shall include plowing, harrowing, and watering of the seedbed, the scattering of the seeds, and the care of the seedlings.
The plowing, harrowing, and watering- of the area he is cultivating, except final harrowing of the field as an item of contribution specified in Section thirty-two of this Act.
The maintenance, repair and weeding of dikes, paddies, and irrigation canals in his holdings.
The pulling and bundling of the seedlings preparatory to their transplanting.
Care of the growing plants.
Gathering and bundling of the reaped harvest.
The piling of the bundles into small stacks.
The preparation of the place where the harvest is to be stacked,
Gathering of the small stacks and their transportation to the place where they are to be stacked.
Piling into a big stack preparatory to threshing.
Prohibition on Pre-Threshing.
SEC. 39. Prohibition on Pre-Threshing.—It shall be unlawful for either the tenant or the landholder, without mutual consent, to reap or thresh a portion of the crop at any time previous to the date set for its threshing. Any violation by either party shall be treated and penalized in accordance with this Act and/or under the general provisions of law applicable to the act committed.
Place of Crop Division.
SEC. 40. Place of Crop Division.—The division of the crop shall be made in the same place where the harvest has been threshed and each party shall transport his share to his warehouse or barn, unless the contrary i stipulated by the parties.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
