September 7, 1995

DAR OPINION NO. 46-95

Mr. Diego Tugday

Tupas St., Tigbauan

Iloilo 5021

Sir:

This has reference to your letter seeking assistance relative to Lot No. 931-C under TCT No. 96195 which was acquired by ILECO. You allege that ILECO has not responded to .your request for disturbance compensation as former tenant/lessee of said lot and that the transfer of the 1,270-sq.m. property violates CARL because it exceeds the 5-hectare ownership limit per landowner.

Please be informed that we have referred your letter to MARO Sangco as she is in the best position to verify material details regarding the allegations contained in your letter, such as the basis for your claim for disturbance compensation, the aggregate area of the agricultural lands of ILECO, and the date Lot No. 931-C was transferred. We hope that MARO Sangco can render the assistance requested by you and that matters will be amicably settled between you and ILECO.

We wish to further inform you that under Section 36(1) of RA 3844, as amended, in case of conversion of an agricultural land, the agricultural lessee is entitled to disturbance compensation. Please note that the claim for compensation under said provision is based on the claimant's being a tenant agricultural lessee of the converted land. As applied to you, your status as a tenant on the converted land must be clearly established to enable you to assert your claim for disturbance compensation thereon.

Very truly yours,

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

Copy furnished:

OSEC

Doc. No. 95080661

MARO Leila Carole Sangco

DAR, Tigbauan, Iloilo