December 13, 1996
DAR OPINION NO. 112-96
MR. RODEL TARRIELA
Akli Maliig, Lubang
Occidental Mindoro
Dear Mr. Tarriela:
This has reference to your letter seeking opinion on whether a tenant can use the other landholdings of the landowner not subject of leasehold contract without his consent.
As gleaned from your letter, you are the owner of an eight (8) hectare pasture land, located at Akli Maliig, Lubang, Occidental Mindoro; that you instituted Mr. Crisanto Pacheco as your tenant; that per agreement your tenant will only till the one (1) hectare out of your eight ( 8 ) hectare pasture land; and that in violation of said agreement, Mr. Crisanto Pacheco even intruded the remaining seven (7) hectares of pasture land not subject of leasehold contract by using as pasture and grazing lands for the raising of cattles, horses and carabaos for his personal gain or benefit without your consent.
Please be informed that Section 15 of Republic Act 3844 (Agrarian Reform Code of Philippines) expressly provides that the agricultural lessor and agricultural lessee shall be free to enter into any kind of terms, conditions or stipulations in a leasehold contract, as long as they are not contrary to law, morals or public policy. While the parties are given wide latitude to freely enter into contracts, the same is subordinated by the limitations provided for by law. Strictly speaking, a leasehold contract entered into between the agricultural lessor and agricultural lessee is only limited to a specific area as stated in a leasehold contract. It cannot encroach or extend to other landholdings even if owned by the same landowner. In other words, a tenant is not at liberty to use other landholdings owned by the same landowner for his personal gain or benefit without the latter's consent as he is bound by the leasehold contract limiting his right of cultivation to a specific area designated.
We hope to have clarified the matter with your.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
The MARO
DAR, Lubang
Occidental Mindoro