January 11, 1994
DAR OPINION NO. 04-94
G.C. MAGONCIA
L&I Bldg., 817 EDSA
South Triangle, Quezon City
Dear Mr. Magoncia:
This has reference to your request for the opinion of this office regarding the following queries, to wit:
1. Was tenancy relationship extinguished by the death of the tenant-spouses?
2. Can the son claim to be the successor-tenant?
Under Section 9 of RA 3844, as amended, the agricultural leasehold relation is not extinguished by the death of the parties. The law provides that in case of death of the agricultural lessee, "the leasehold shall continue between the agricultural lessor and the person who can cultivate the landholding personally, chosen by the agricultural lessor within one month from such death . . . from among the following: a) the surviving spouse; b) the eldest direct descendent by consanguinity; c) the next eldest descendant or descendants in the order of their age: Provided, that in case the death . . . of the agricultural lessee occurs during the agricultural year, such choice shall be exercised at the end of the agricultural year: Provided, further, that in the event the agricultural lessor fails to exercise his choice within the period herein provided, the priority shall be in accordance with the order herein established".
The answer to your second query is in the affirmative. The son of the deceased tenant-spouses can succeed to the tenancy, provided there is no other direct descendant more qualified to succeed, in accordance with the order of priority mentioned in said Section 9 of RA 3844. Otherwise stated, the eldest child (son or daughter) who is willing and capable of performing the duties of a tenant on the farmlot may succeed to his/her parents' tenancy.
We hope we have clarified matters for you. Please note, however, that the foregoing information, which aims to enlighten you on the law applicable to the issues raised in your letter, does not constitute a decision on the merits in regard to any case or controversy that may be filed by you.
Thank you for writing us.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office