February 2, 1994

DAR OPINION NO. 05-94

Mr. Andres L. Dauz

Department of the Interior and Local Government

Tagudin, Ilocos, Sur

Sir,

       This has reference to your letter dated January 11, 1994 seeking clarification as to whether or not a government employee is required to pay his tenant if he will personally cultivate his land upon his retirement from the government service.

       Please be informed that under Section 7 of Republic Act 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 RA 3844. Such being the case, you may not dispossess your tenant of his farmlot on the ground that you will personally cultivate your landholding.

     We trust that we have clarified the matter for you.

Very truly yours,

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