FESSIIGIGGGUGTS pp bw be Db bb \b WBS 'D m1 ‘oS CHAPTER Ill: IMPROVEMENT OF TENURIAL Right of Retention over Commercial Farms AND LABOR RELATIONS: whether reenaive Agr Sion ofthe SECTION 12. Determination of Lease Renal. ~ In order {the farmers in tenanted lands under the reton ands not get. Notes: omer ofthe Department of Agravan Refer to Fix Rentals Under Seton 6 of the Comprehensive Agrarian Ri In order to protect the economic status of the farmer, the Department of Agrarian Reform is » ro Ieere has bee hen the SRP es Arn re Aisin Gr eePSTD DDG GGG DUD ig Ws Ts Ws Ua Ws Wy Wy a WW WW bs es AORARIAN LAW AND SOCIAL LEGISLATION beets ion ee 2 e [SBCTION 15, Production Shoring Plon. — Any entorpriso adopting the scheme provided for in Section 32 or operating Under # production venture, lease, management contract for other similar arrangement and any farm covered by Sections 8 and 11 hereof Is hereby mandated to execute Within ninety (00) days from the effectivity of thie Act a oduction-sharing plan, under guidelines prescribed by the ‘propriate government agency Nothing herein shall be construed to sanction the diminution of any- benefits such as salaries, bonuses, leaves and working conditions granted to the employee: ‘beneficiaries under existing laws, agreements, and voluntary practice by the enterprise, nor shall the enterprize and fee {mployee-benefilaries be prevented from entering into any ‘agreement with terms more fnvorable tothe latter: Applicability ofthe Provision on Production Sharing Plans Tp and fom Ce Sen 2. “Departs ain Rf dans Orie. re 20% “Compe Arias Rs a 185, Stn 8,PPP PDD DSS SSS DPSS SSDI DD'S W'S SECTION 32. Production-Sharing, — Pending final land transfer, individuals or entities owning, or operating under lease or management contract, agricultural lends are hereby mandated to execute a productionsharing plan with their farmworkers or farmoorkers' organization, Ifany, whereby three percent (9%) of the gross sales from the production of such lands are distributed within sixty (6) days of the fend of the fseal year as compen they currently receive: Provided, That these individuals oF ‘entities realize gross sales in excons of five million pesos per ‘annum unless the DAR, upoa proper application, determines Slower calling In theevent tha the individual or entity realizes profit, san additional ton pereent (10%) of the net profit after tax ‘hall be dsteibuted to sald regular and other farmworkers ‘pithin ninety (80) day of the end of the fiscal year. {Thal be determined by the DAR, shall be established. During this transitory period, atleast one percent (1%) ‘of the grose ales of the entity shall be distributed to the Imonascerial, supervisory and technical group in place at the tne of the effectivity of this Act, as compensation for Sth transitory managerial and technical functions as i il perform, pursuant to an agreement that the farmworker. Beneficiaries and the managerial, supervisory and technical {troup may conclude, subject to the approval of the DAR. Nores: Section 32— a Transitory Provision 2) if more than Five Million Pest (6, 000,00.00 gross slesyear ae reaired 8) ‘Three percent (3) ofthe gross stles ~ (over and above the simpensation they currently receiv) and 1) One percnt (1%) ofthe gros sles —10 2 : aos) of gular and ohor farmworkers, Stock Distribution Option and Production and Proft Shering Schome Distinguished te provided under Section 31 of th ran form Law of 1988. In tis provi On he other hand, is provided under Section 22 ofthe same law. As noted earlier = Section 32 Declared Unconstitutional with Respect to Livestock, Pout, and Swine Section 32of the Comprehensive rari Reform Lav of 1988, sto be unreasonable, nee nal aad oi for being uneonstitutions,ineatar 381% insudedlvestac, poultry and awine farms ints coverage aoc Pamee emer ghee eo. 88SPB EEE ew SECTION 32-A. Incentive, — Individuals oF entities owning or operating Sshponds and prawn farms are hereby ‘mandated oexeeute within six (6) months rom the effectivity ‘of this Aet an incentive plan with thelr regular fishpond of prawn farmworkers or fshpond or prawn farm workers bryanization, if any, whereby seven point five percent (7.8%) of thelr net profie before tax from the operation of the fichpond or prawn farms are distributed within sixty (60) days atthe ond of the fiseal your as compensation to regular find other pond workers in such ponds over and above the ‘compensation they currently receive. In order to safeguard the right ofthe rogularfshpond cor prawn farm workers under the Incentive plan, the books Sf the fshpond or prawn farm owners shall he subject to periodie nudit or inspection by cerided public accountants ‘chosen by the workers. "The foregoing provision shall not apply to agricultural anda subsequently, converted to fishpond or prawn farms ‘the land converted docs not exceed the Norps: Incentives for Regular Fishpond or Prawn Farmworkers "This proviso ‘The SECTION 39. Paymentof Shares of Cooperative or Asoiation. — Sharesof a cooperative or association acquired by farmer Ijenefcfares or wrker-benefilaries shall bo fully pad for yan amount corresponding tothe valuation as determined in the immediately tucceeding section. The landowner and the LBP shall salst the farmerbeneticlaries and worker bheneffefaries In the payment for said shares by providing credit Enanelog. Te ST Repate n 8 SVP TeeeS NOTES: Value of Shar A valuation scheme SECTION 84, Valuation of Lands PARC, taking into forthe land shall be formulated by count the factors enumerated in Sect tothe need fo stimulate the growth of cooperatives and the objective of fostering responsible participation of the ‘morker beneficiaries inthe erention of wealth. mn the determination of « price that is just not only to ‘the individual but to soclegy a8 well, the PARC shall consult seipwith the landowner and the worker-beneficiaries. ‘In cate of disagreement, the price as determined by the PARC, if ascopted by the worker-beneficiaris, shall be followed, without prejudice to the Inndowner’s right fo rene ie Special Agrarian Court to resolve the issue of aluation. NOTES: “The Land Bank Now Determines the Valustion recutive Order No, 405 promulgated on June 14 Bank stay be pritaniy response fr the deters teeland faut and cmponeston fall pate ands ‘Butlelrogneatureunderetherthe sluntary Ofer [I (VOS) ot Cmplory Action (CA errngement Seiten by Republic At No 6657. The Depart ‘Aaron Refrm sal ake us ofthe determination of ‘Mean ylunton and compensation by the Land Bank tte Phin inthe proemance of ts function ‘SECTION 1. The Land Bank ofthe Philippines