Short answer. No. Under Article 1681, once crops have been separated from the plant — harvested — the lessee loses any right to ask for a rent reduction based on that loss. The moment of harvest is the cut-off; what happens to the produce after that is the lessee's own risk.

What the law says

the lessee have any right to a reduction of the rent if the fruits are lost after they have been separated from their stalk, root or trunk

Civil Code, Article 1681 — No Reduction After Separation of Fruits. Read the full provision →

Why the harvest moment matters

The right to seek a rent reduction on account of crop loss is tied to the risk that belongs to farming — the uncertainty of whether the land will actually yield what was expected. That risk is attached to the standing crop, not to the stored or transported produce. Article 1681 draws the line at the moment the fruits are separated from their stalk, root or trunk. Once that separation happens, the crop is no longer bound to the land, and the loss shifts entirely to the lessee's own sphere.

What the rule does not cover

This article deals only with post-harvest loss — fire in the drying shed, theft from the storage area, spoilage during transport, flooding of a warehouse. These are risks the lessee takes as the owner of the harvested goods, not as a tenant of the land. The article does not address destruction of crops still in the ground or on the plant, which is a separate question governed by other rules on rural lease and force majeure.

The distinction from pre-harvest loss

If the loss had occurred before the harvest — if the typhoon flattened the standing rice, or the blight killed the fruit still on the tree — the rules on rent reduction would work differently. The lessee's argument would be that the land failed to yield what was expected, which is the rationale behind rent reduction rights in agricultural leases. But that argument depends on the crop being lost while still part of the land's productive cycle. Once harvested, that cycle is complete.

What you can still do

Even if Article 1681 closes the door on rent reduction, you may have other remedies depending on how the loss happened. If the loss was caused by a third party's negligence or a criminal act, you may have a claim against that person. If your lease contract contains specific provisions about post-harvest storage on the lessor's land, those terms may affect your position. Review your lease agreement and the specific circumstances of the loss before concluding you have no recourse at all.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.