Farm caretakers in the phils.

[branno]

does any one have any knowledge regarding the legal rights of farm caretakers in the phils, any type of info would be welcome.

[Terpe]

does any one have any knowledge regarding the legal rights of farm caretakers in the phils, any type of info would be welcome.

branno,
I may be way-off base here, but here is my only experience.
We 'employ' farm caretakers to look after out ricefields.
We have a few ricefields in both Nueva Ecija and Davao Oriental. Means we have a farm caretaker in each area.
These farm caretakers organise and implement everything on our behalf in the total cycle of rice farming. They get paid for their services both in hard cash and in a fixed portion of the harvest. As far as I know this is by far the most usual arrangement.

To the best of my knowledge the legal rights they have are limited only to their status as 'contractors' and to any specific contracts that may have been agreed (according to legal and valid procedures).

My wife and I remain owners of the land.

There are some other issues relating to water rights and irrigation etc but no problems so far.

For us and in connection with our rice farming, we do know that these farm caretakers need to be managed carefully. Without their services (friendly) it would be extremely difficult for us to be successful as we are 'outside' of any farming family/community.

Hope this helps in some way.

[scott&ligaya]

hi there, our farm in Isabella is managed by my wifes cousin and his family... but even then she made him sgn a contract/affadavit to say he will not claim squatters rights after five years farming the land (some obscure law or whatever). Anyway as always in business trust no-one, contract everything and then pray not to get ripped off We have a similar arangement for our piggery in Palawan

[branno]

@ terpe and scot&ligaya, cheers for that, my partner and i have increasing concerns that the present care takers are beginning to show signs of dishonesty and taking advantage of my absence.. parts are constantly needed we always require reiepts but some how these always seem to bee washed away some how rice yields have been showing signs of big dips.. these caretakers are treated accordingly with a share of the yield and theres a added bonus for their efforts.

as for the quality of the soil this is still good and the rain fall has been good too..
but we both believe that they are now showing signs of taking the piss... ill get back to u before i get logged out of this thread..

[Terpe]

@ terpe and scot&ligaya, cheers for that, my partner and i have increasing concerns that the present care takers are beginning to show signs of dishonesty and taking advantage of my absence.. parts are constantly needed we always require reiepts but some how these always seem to bee washed away some how rice yields have been showing signs of big dips.. these caretakers are treated accordingly with a share of the yield and theres a added bonus for their efforts.

as for the quality of the soil this is still good and the rain fall has been good too..
but we both believe that they are now showing signs of taking the piss... ill get back to u before i get logged out of this thread..

branno, as far as my knowledge and experience go, you should not be anyway responsible for "parts" --- in as parts for equipment. Normally you are "paying for a service" only.

Our caretakers also significantly 'sub-contract' . Especially for milling rice.
We would never consider paying for machinery, equipment,maintenance, or parts etc.

Concerning harvest yields, fertiliser and snail bait we just have to "accept" the ultimate cost as told to us. But I also know the approx cost anyway which should not be so expensive. Also with water to keep everything fresh and cool . Different fertilisers for different growing stages are added including granular and foliar sprays. These are quite expensive. I think our bill for fertilisers is gonna be somewhere around the
P5k-P7k. It does differ with each crop. We use hybrid seedlings and get 3 harvests per year.

Weeding is also done by hand if necessary. We usually pay the caretaker P250 each time he needs to do it.

We have a very good idea of all cycle costs and individual costs so we also have a good idea if we are being 'skimmed'. We know just how much yield we should get (approx) and we know how much cost (approx) so we also know how much profit (approx). Well so far no probs, but if ever we have some real concerns that we are being cheated we will just leave the field fallow or sell it.
Plenty of ricefields and plenty of caretakers.

[branno]

branno, as far as my knowledge and experience go, you should not be anyway responsible for "parts" --- in as parts for equipment. Normally you are "paying for a service" only.

Our caretakers also significantly 'sub-contract' . Especially for milling rice.
We would never consider paying for machinery, equipment,maintenance, or parts etc.

Concerning harvest yields, fertiliser and snail bait we just have to "accept" the ultimate cost as told to us. But I also know the approx cost anyway which should not be so expensive. Also with water to keep everything fresh and cool . Different fertilisers for different growing stages are added including granular and foliar sprays. These are quite expensive. I think our bill for fertilisers is gonna be somewhere around the
P5k-P7k. It does differ with each crop. We use hybrid seedlings and get 3 harvests per year.

Weeding is also done by hand if necessary. We usually pay the caretaker P250 each time he needs to do it.

We have a very good idea of all cycle costs and individual costs so we also have a good idea if we are being 'skimmed'. We know just how much yield we should get (approx) and we know how much cost (approx) so we also know how much profit (approx). Well so far no probs, but if ever we have some real concerns that we are being cheated we will just leave the field fallow or sell it.
Plenty of ricefields and plenty of caretakers.

thanks for that terpe, im going to have to look more closely as to wot agreements have been agreed.

[Terpe]

branno,
Do you feel comfortable to share your concerns here?

Like Scott mentioned it's difficult to trust anyone. The one time we got beat-up about rice field financially was by a family member. Needless to say he's out of my circle now.

Good luck mate. Tread carefully.

[branno]

branno,
Do you feel comfortable to share your concerns here?

Like Scott mentioned it's difficult to trust anyone. The one time we got beat-up about rice field financially was by a family member. Needless to say he's out of my circle now.

Good luck mate. Tread carefully.

well terpe its quite a similar instance that may be cropping up regarding a near family member.. this particular person has been spoken too but i feel he will now begin to take more advantage... i cant go into to much detail yet because its having adverse affects on my mrs.. ie stress n head aches .. so we are just trying or im rather trying to evaluate possible future concerns... but the long term view is that it will be sold eventually... but wot i find soo piss taking is wen this person turns up half pissed.. requsting money for parts and no reciepts... and just excuses offered... we are all fully aware of who we can and cant trust after series of events... and now we feel that we cannot trust this person any longer...

[Terpe]

well terpe its quite a similar instance that may be cropping up regarding a near family member.. this particular person has been spoken too but i feel he will now begin to take more advantage... i cant go into to much detail yet because its having adverse affects on my mrs.. ie stress n head aches .. so we are just trying or im rather trying to evaluate possible future concerns... but the long term view is that it will be sold eventually... but wot i find soo piss taking is wen this person turns up half pissed.. requsting money for parts and no reciepts... and just excuses offered... we are all fully aware of who we can and cant trust after series of events... and now we feel that we cannot trust this person any longer...

Aah, got it.
Been there and got the T-shirt.
I let it go for quite some time as the amounts were really quite small, but then they started to get to questionable levels and alcohol became an issue.
It's a real tough call branno for all sorts of reasons, but one which must be called in my experience. My advice is to get your wife at least a little more than half on-board when you make the cut.
Alternatively, if it's practical just leave the land fallow for a while.

[branno]

Aah, got it.
Been there and got the T-shirt.
I let it go for quite some time as the amounts were really quite small, but then they started to get to questionable levels and alcohol became an issue.
It's a real tough call branno for all sorts of reasons, but one which must be called in my experience. My advice is to get your wife at least a little more than half on-board when you make the cut.
Alternatively, if it's practical just leave the land fallow for a while.

leaving it fallow has been one consideration, but we think they may use it instead to grow... so its a bit of a head ache.. which way to go..

[fred]

Branno..
I know this may seem obvious and perhaps unhelpful but the only way to run a business in the R.P in my experience is to be there and manage it yourselves.. Any other arrangement is usually an exercise in futility in most cases.
Most absent Filipino landl owners stick posts and barb wire around the boundary sealed with a gate , padlock and of course a "trespassers will be prosecuted" warning.
That is what I advise you do for your future sanity..
They will rant and rave and call you an evil,greedy land grabbing foreigner for a while but this attitude will eventually pass.
What ever decision you make,I wish you both the best of luck.
BTW.. How long has your wife owned the land? Did she buy it or was it inherited? Is it tax declaration or titled land?
Cheers,
Fred.

[branno]

Branno..
I know this may seem obvious and perhaps unhelpful but the only way to run a business in the R.P in my experience is to be there and manage it yourselves.. Any other arrangement is usually an exercise in futility in most cases.
Most absent Filipino landl owners stick posts and barb wire around the boundary sealed with a gate , padlock and of course a "trespassers will be prosecuted" warning.
That is what I advise you do for your future sanity..
They will rant and rave and call you an evil,greedy land grabbing foreigner for a while but this attitude will eventually pass.
What ever decision you make,I wish you both the best of luck.
BTW.. How long has your wife owned the land? Did she buy it or was it inherited? Is it tax declaration or titled land?
Cheers,
Fred.

ill give u more info later fred

[branno]

Branno..
I know this may seem obvious and perhaps unhelpful but the only way to run a business in the R.P in my experience is to be there and manage it yourselves.. Any other arrangement is usually an exercise in futility in most cases.
Most absent Filipino landl owners stick posts and barb wire around the boundary sealed with a gate , padlock and of course a "trespassers will be prosecuted" warning.
That is what I advise you do for your future sanity..
They will rant and rave and call you an evil,greedy land grabbing foreigner for a while but this attitude will eventually pass.
What ever decision you make,I wish you both the best of luck.
BTW.. How long has your wife owned the land? Did she buy it or was it inherited? Is it tax declaration or titled land?
Cheers,
Fred.

this particular lot is inherited fred...and im informed that the caretaker has rights..

[fred]

Branno.. It would be interesting to know what rights this caretaker has over your wife`s rice land and how many years they have been "taking care" of it..
If you find out I hope you let us know for future reference..

[branno]

i will indeed fred... its becomming a cause for concern now..