February 16, 1994

DAR OPINION NO. 14-94

Mr. Alfredo Esoy

Bayan Subdivision

Palomolok, South Cotabato

Sir:

      This has reference to your letter seeking clarification from this office whether the landowner may eject the tenants on the land on the ground of personal cultivation.

      Please be informed that under Section 7, of R.A. 3844, tenants are entitled to security of tenure, which means that they may not be ejected from their tillage unless authorized by the court for causes provided in said law. Moreover, personal cultivation is no longer a ground to terminate tenancy relationship because the same has been deleted as a ground for the ejectment of the tenant under Section 7 of Republic Act No. 6389 which amended Section 36 (1) of R.A. 3844. This will remain to be the law unless another law is passed amending said provision. Such being the case, you may not dispossess your tenant of his farmlot on the ground that you will personally cultivate your landholding. However, as you and your tenant have commenced to take steps towards an amicable settlement, we advise that you conclude the same to your mutual benefit.

     We hope we have clarified matters for you.

                                                                                                                            Very truly yours,

                                                                                                                 (SGD.) HECTOR D. SOLIMAN

                                                                                                                                                                   Assistant Secretary

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