January 26, 1994

DAR OPINION NO. 15-94

Mrs. Leticia D. Alcantara

1127 Brgy. Holy Spirit

Commonwealth Ave., Quezon City

Dear Mrs. Alcantara:

          This has reference to your letters of 10 and 13 December 1993, respectively. In your letter of 10 December 1993, our assistance is sought in connection with the claim of tenancy made by a person whom you allege to be not your tenant because he was instituted by one Anastacio Jimenez who encroached into some portions of the landholding of your deceased parents. In your letter of 13 December 1993, DAR is requested to look in to the shares claimed by the tenants of your deceased parents' landholding and the possibility of having their tenancy status annulled allegedly because there was no written agreement entered into between the tenants and your parents, the 1/3 share in the quarterly harvest was given to them only for humanitarian considerations, and when the peace and order situation in the area deteriorated, said tenants demolished their houses and transferred to safe places, returning to their farmlots when things became normal only for the purpose of claiming their shares on the harvest but not to resume work thereon.

        We find your letter of 10 December 1993 wanting in material detail, such as the court decision on the rightful owner of the property involved, hence, we deem it necessary for you or your representative to meet with the alleged tenants before our Municipal Agrarian Reform (MARO) at Kolambugan, Lanao del Norte to assist you in clarifying matters. In this connection, we are directing said MARO to schedule a conference between you and the person claiming tenancy mentioned in your earlier letter as well as the tenants subject of your letter of 13 December 1993. (Copy of Memorandum attached) To facilitate matters, please furnish our MARO with the names of the persons involved. At this point, it will be useful for you to know that under Section 6 of RA 3844, as amended, tenancy relation is created between the person who furnishes the landholding, either as owner, civil law lessee, usufructuary or legal possessor, and the one who personally cultivates the land. It follows that a person who is neither the owner, civil law lessee, usufructuary or legal possessor of a landholding cannot legally institute a tenant thereon. As regards the property subject of your letter, a court declaration as to the ownership thereof will help determine whether or not there is legal basis for the person's claim of tenancy.

        Anent your letter of 13 December 1993, the mere fact that there was no written agreement executed between your parents and the tenants will not negate the existence of tenancy, as tenancy may be established either orally or in writing, expressly or impliedly. (Sec. 5, RA 3844) Once tenancy is established, the tenants are entitled to security of tenure on their landholdings and cannot be ejected therefrom unless authorized by the court (now the DAR Adjudication Board pursuant to Section 50 of RA 6657) for causes provided for under RA 3844, as amended. Moreover, personal cultivation is no longer a ground for the ejectment of tenants, as the same has already been deleted as a ground for ejectment by Section 7 of RA 6389 which amended RA 3844. This means that you cannot dispossess your tenants on the ground that you will take over cultivation of your property. As for the alleged refusal of the tenants to resume cultivation of their farmlots even after the restoration of peace and order in the area, said refusal if duly established in court may constitute abandonment which could be a ground for their ejectment. Differences between you and your tenants regarding the shares claimed by them may be settled before the MARO during the mediation conferences.

      Please be further informed that under Section 6 of RA 6657 (the Comprehensive Agrarian Reform Law or CARL), each landowner is entitled to retain a maximum of five (5) hectares of his agricultural land, while the rest shall be redistributed to qualified beneficiaries. Pursuant to said provision, if your parents died  prior to 15 June 1988 (the effectivity of CARL), your total landholdings, including the properties inherited by you, shall be computed and the area in excess of the 5-hectare retention shall be redistributed under CARL. On the other hand, if your parents died on or after the effectivity of CARL, only 5 hectares of their total agricultural lands may be claimed as their retention and the excess shall be subject of redistribution.

      We hope we have clarified matters for you. Please note, however, that the foregoing is merely advisory and does not constitute a decision on the merits in regard to any case that may be filed by you.

Very truly yours,

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

Copy furnished:

OSEC

Code No. 93120553

The Municipal Agrarian Reform Officer

DAR, Kolambuga, Lanao del Norte