June 21, 1995

DAR OPINION NO. 23-95

Mr. Leopoldo Barrios

Mapaniqui, San Ildefonso

Bulacan

Dear Mr. Barrios:

This has reference to your letter of 7 June 1995 addressed to Secretary Ernesto D. Garilao inquiring on the legality of the alleged appointment of 2 new tenants in the 4-hectare farmlot over which you have allegedly been a tenant/caretaker for 24 years. You advance the view that said appointment is illegal and a violation of Section 9 of R.A. 3844, as amended and Section 6 of R.A. 6657. You likewise request to be informed as to whether or not the farmlot is part of the landowner's retention.

As regards your first query, we agree with your contention that a change in ownership of a tenanted farmlot does not affect the status of the tenant/agricultural lessee on the land, because as such agricultural lessee he enjoys security of tenure thereon which means that he cannot be ejected or removed therefrom, except by final order of the court. We cannot, however, readily state that Messrs. Diosdado Bulaon and Danilo have been appointed as tenants on the farmlot subject of your letter because the document entitled "Pagbibigay Awtorisasyon" which you attached to your letter as well as the letter of Mr. Ramon Reyes to said persons do not show such appointment.

To clarify the role of Messrs. Bulaon and Lapuz on the property, we have directed MARO Victorino Guevarra to call all parties to a conference (copy of Memo attached). Please extend your full cooperation with MARO Guevarra in order to thresh out matters.

Thank you for writing.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office

Copy furnished:

OSEC

Director Eugenio Bernardo

DAR — Region III

San Fernando, Pampanga

MARO Victorino Guevarra

Candaba, Pampanga