March 16, 1994

DAR OPINION NO. 21-94

Fausto Tumamak

131 Taft Street

Palompon, Leyte

Sir:

This has reference to your letter of 12 January 1994 addressed to the DOJ Secretary and referred to this Office for appropriate action. Your letter seeks clarification regarding the effect of the death of the agricultural lessee on the agricultural leasehold contract. We understand that you are of the opinion that since the deceased or permanently incapacitated lessee is no longer capable of performing his obligation under the leasehold contract, the same is automatically terminated; that as a consequence, the lessor is freed from the contract; and that you are free to decide on whether or not you shall personally cultivate the farmlot or apply the provisions of law in the choice of a successor.

Please be informed that paragraph 1 section 9 of RA 3844, as amended (Agrarian Reform Code) provides the following, to wit:

Sec. 9.          Agricultural Leasehold Relation Not Extinguished by Death or Incapacity of the Parties. — In case of death or permanent incapacity of the agricultural lessee to work his landholding, 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 or permanent incapacity, from among the following: (a) the surviving spouse; (b) the eldest direct descendant by consanguinity; or (c) the next eldest descendant or descendants in the order of their age: Provided, That in case the death or permanent incapacity of the agricultural lessee occurs during the agricultural year, such choice shall be exercised at the end of that agricultural year: Provided, further, That in the event the agricultural lessor fails to exercise his choice within the periods herein provided, the priority shall be in accordance with the order herein established."

Since the law, clearly provides that the leasehold relation between the agricultural lessor and the agricultural lessee is not extinguished by the death or permanent incapacity of the parties and mandates that the leasehold shall continue between the agricultural lessor and the person who can cultivate the landholding personally, chosen in accordance with the provisions of said Section, no further interpretation of said law is called for. However, Section 8 (3) of the Code provides that the absence of the persons under Section 9 to succeed to the lessee in the event of death or permanent incapacity shall extinguish the agricultural leasehold relation. Simply stated, in case of death or permanent incapacity of the agricultural lessee, the law mandates that the leasehold shall continue between the lessor and one who can personally cultivate the landholding, chosen from among the persons enumerated in Section 9. It is only in the absence of said persons to succeed to the tenancy that death or permanent incapacity of the lessee shall result in the extinguishment of the agricultural leasehold relation.

We trust we have clarified matters for you.

Very truly yours,

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

Copy furnished:

Ms. Teresita Reyes-Domingo

Department of Justice

Manila

The Chief Legal Offices

DAR, Tacloban City

The MARO

DAR, Palompon, Leyte

Atty. Clifford C. Burkley

Head Executive Assistant

Doc. No. 94030097