March 15, 1994

DAR OPINION NO. 20-94

Mr. Justito Tagum

AFPOVAI, Phase I

Western Bicutan, Taguig

Metro Manila 1604

Dear Mr. Tagum:

       This has reference to your letter dated February 6, 1994 seeking clarification relative to the following:

1)        Is the sale by the tenant of his right as such legal if made without the knowledge and consent of the landowner?

2)        How much is the amount to be paid to the tenant in case the property is sold?

      Anent your first query, the tenant cannot legally sell his right as such to another person. As a tenant, he has the duty under Section 26 of R.A. 3844, as amended (Code of Agrarian Reform) to cultivate and take care of the farm, growing crops and other improvements on the landholding as a good father of a family and perform all the work thereon. If he sells his right as tenant and allows another person to cultivate the farm, the same would constitute abandonment of the landholding without the knowledge of the agricultural lessor which could be a ground for his ejectment. However, if the agricultural lessor eventually recognized the person to whom possession and cultivation of the farmlot was transferred, it is possible that his stay thereon has ripened into tenancy.

     Anent your second query, there is no obligation on the part of the agricultural lessor to pay the tenant any amount when he sells his property because under Section 10 of R.A. 3844, the agricultural leasehold relation is not extinguished by the sale, alienation or transfer of the legal possession of the landholding. In case the agricultural lessor sells, alienates or transfers the legal possession of the landholding, the purchaser or transferee thereof shall be subrogated to the rights and substituted to the obligations of the agricultural lessor. Otherwise stated, the tenant continues to enjoy security of tenure on the farmholding despite the sale of the property and he cannot be ejected therefrom by reason of said sale.

     We trust we have clarified matters for you.

Very truly yours,

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