Revision of C.A. No. 461 Re: Regulation of Landowner-Tenant Relations

October 3, 1946

REPUBLIC ACT NO. 44

AN ACT TO REVISE COMMONWEALTH ACT NUMBERED FOUR HUNDRED AND SIXTY-ONE, ENTITLED, "AN ACT TO REGULATE THE RELATIONS BETWEEN LANDOWNER AND TENANT AND TO PROVIDE FOR COMPULSORY ARBITRATION OF ANY CONTROVERSY ARISING BETWEEN THEM," AS AMENDED BY COMMONWEALTH ACT NUMBERED SIX HUNDRED AND EIGHT

SECTION 1. Commonwealth Act Numbered Four hundred and sixty-one, entitled, "An Act to regulate the relations between landowner and tenant and to provide for compulsory arbitration of any controversy arising between them," as amended by Commonwealth Act Numbered Six hundred and eight, is hereby further amended so as to read as follows:

"Sec. 1. Any agreement or provision of law to the contrary notwithstanding, in all cases where land is held under any system of tenancy the tenant shall not be dispossessed of the land cultivated by him except for any of the causes mentioned in section nineteen of Act Numbered Four thousand and fifty-four or for any just cause, and without the approval of a representative of the Department of Justice duly authorized for the purpose. The Department of Justice is, likewise, charged with the duty of enforcing all the laws, orders and regulations relating to any system of tenancy and it may issue such orders as may be necessary in pursuance thereof, such as, with respect to the liquidation of the crop, the division thereof, and the apportionment of the expenses. Should the landowner or the tenant feel aggrieved by the action taken by the Department of Justice under the authority herein granted, or in the event of any dispute between them arising out of their relationship as landowner and tenant, either party may appeal within fifteen days from receipt of notice of the action taken by the Department of Justice, or resort, as the case may be, to the Court of Industrial Relations which is given jurisdiction to determine the controversy in accordance with law. The filing of an appeal shall stay execution of the action appealed from unless the Court of Industrial Relations shall, for special reason, order the immediate execution thereof upon the filing of a supersedeas bonds. aisa dc

"For the effective exercise of the powers herein conferred, the Department of Justice or its duly authorized representatives, Provincial Fiscals, their Assistants or Justices of the Peace are hereby authorized, upon proper petition or motu proprio, to make investigations, summon witnesses, require the production of documents under a subpoena duces tecum, and issue such order or orders as may be deemed necessary for the best interests of the parties concerned, pending decision of the case, which order or orders shall be immediately executory, unless the party adversely affected thereby shall file a bond for the stay of execution. Disobedience to summons lawfully issued, refusal to testify, and/or violation of any order or decision of the Department of Justice shall be punishable as contempt triable by the Court of First Instance of the province or city, or Justice of the Peace of the municipality, in which the contempt was committed."

SECTION 2. This Act shall take effect upon its approval. acd

Approved: October 3, 1946

Not published in the Official Gazette