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Shvoong Home>Social Sciences>Philippine Setting : Agricultural Rights of a Lessee / Lessor Summary

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Philippine Setting : Agricultural Rights of a Lessee / Lessor

Book Summary by: VoMaNi     

Original Author: Dr. Anna C. Bocar
The following are the rights of the agricultural lessee: (1) Possession. The lessee has the right to possess and
have  peaceful enjoyment of the land, the lessor shall not interfere with the lessee’s right to peaceful possession and cultivation of landholdings. (2) Management. As farm manager, it is the right of the lessee to manage the work on the land.   (3) Mechanization. To mechanize all or any phase of his farm works is lessees’ right for example: the lessor cannot insist on the use of his tractor if the lessee desires to use his own carabao and farm implements. (4) Dealing with millers.  To deal with millers and        processors and attend to the issuance of quedans and warehouse receipt for the produce due to him  are other rights  of the lessee.          (5) Possession of home lot.  To continue in the possession and enjoyment of any home lot, which is considered included in the leasehold, is a right given to the lessee for the purpose of enabling him to engage in minor industries          like raising vegetables, poultry, pigs, and pother animals. (6) Indemnification of costs and expenses.  The lessee is to be indemnified for cost and expenses incurred and for ½ of the necessary and useful improvements made in case he surrenders the landholdings.  The improvements must be tangible and have not yet lost their utility at the time of surrender and likewise in the case of abandonment of the landholding for just cause or is ejected therefrom.  (7)  Enjoy the right of pre-emption in case of sale of the     land he cultivates,  (8)  Right of redemption in case of sale of the land he            cultivates without his (lessee) knowledge,             (9)   Right to claim exemption from execution,  (10)    Right to enjoy security of tenure, (11) Right to terminate the relationship for causes   provided by law. On the other hand lessor or the owner of  the land has also his rights over the land. The following are the rights of the lessor: (1) Inspection.
The lessor has the right to inspect    and observe the extent of compliance with the provisions of the law. (2)  Suggest change.  To propose a change in the use of the landholding to the other agricultural purpose or in the kind of crops to be planted is lessor’s right.  Like: the lessor may propose that the landholding devoted to the production of rice be converted into fishpond, but if the lessee objects, the Court of Agrarian Relation shall settle the conflict. The lessee shall not be ejected as a consequence of the conflict. (3) Require the adoption of proven farm practices. To require the lessee to adopt proven farm practices necessary to the conservation of the land improvement, for improvement of its fertility, and increase its productivity, however the lessor should consider the financial capacity and the facilities available to the lessee. In case of disagreement as to what proven farm practices the lessee should adopt, the same shall be settled by the court according to the best interest of the parties concerned. (4) Mortgage.  To mortgage expected rentals.(5)  Right to receive payment of rentals.(6)  Right to eject the lessee for just and valid grounds.
Published: January 12, 2008
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