August 15, 1994
DAR OPINION NO. 56-94
MR. T . CABRERA ATIENZA, JR.
c/o 51 Dr. Alejos Street
Sta. Mesa Heights, Quezon City
Dear Mr. Atienza:
This answers the queries raised in your letter of 29 July 1994, to wit:
1) How much share is the landowner entitled to out of every harvest in our tenanted farmland if we do not shell out any money or material for planting? What if we share the total cost of fertilizer?
2) Is the tenant not under obligation to obtain permission from the landowner before constructing a fishpen in the farmlot planted to seasonal & cash crops?
3) Can the owner build a fishpen in his tenanted property?
4) Can we sell the land (3 hectares), with the first option given the tenant and his family?
5) Could I be ,allowed to farm all or part of our tenanted farmland Will the tenant be entitled to a share of the produce?
Anent the first query, Sec. 34 of RA 3844 (The Agrarian Reform Code) provides that the amount of lease rentals to be paid by the agricultural lessee shall not be more than the equivalent of twenty-five percent (25%) of the average normal harvest during the three (3) agricultural years immediately preceding the date the leasehold was established after deducting the amount used for seeds and the cost of harvesting, threshing, loading, hauling and processing, whichever is applicable. The computation of the lease rental shall include both the primary and secondary crops existing at the time, of the establishment of the leasehold. We advise you to request our Municipal Agrarian Reform Officer (MARO) to assist you and your tenant in the execution of your agricultural leasehold agreement. Attached is a copy of DAR Administrative Order No. 5. Series of 1993 for reference. Please note that fertilizer is not a deductible item.
As regards your second query, since the relationship between the agricultural lessor (landowner) and the agricultural lessee (tenant) is governed by the agricultural leasehold contract, any change in the terms thereof is subject to the agreement of the parties, and this includes a change in the crops to be planted.
Anent your third query, Sec. 29 of RA 3844 as amended provides the following:
"Sec. 29. Rights of the Agricultural Lessor. — It shall be the right of the agricultural lessor:
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"(2) To propose a change in the use of the landholding to other agricultural purposes, or in the kind of crops to be planted: Provided, That in case of disagreement as to the pro-posed changes, the same shall be settled by the Court according to the best interest of the parties concerned: Provided, further, that in no case shall an agricultural lessee be ejected as a consequence of the conversion of the land to some other agricultural purpose or because of a change in the crop to be planted."
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The term "Court" refers to the Department of Agrarian Reform Adjudication Board (DARAB), specifically the Office of the Provincial Adjudicator of Batangas, pursuant to Section 50 of RA 6657 (The Comprehensive Agrarian Reform Law or CARL).
Anent the fourth query, the 3-hectare property may be sold provided that the heirs have chosen the same as part of their 5-hectare retention and the buyer does not own more than 5 hectares of agricultural land, including the property purchased. However, under Section 11 of the Agrarian Reform Code, in case the Agricultural lessor decides to sell the landholding, the agricultural lessee shall have the preferential right to buy the same under reasonable terms and conditions. The right of pre-emption may be exercised within 180 days from notice in writing, which shall be served by the owner on the lessee affected and the DAR. In case of sale to a person other than the agricultural lessee, said lessee shall remain in possession and cultivation of the farmlot because under Section 10 of the Code the leasehold relation is not extinguished by said sale and the buyer or transferee is subrogated to the rights and substituted to the obligations of the vendor/agricultural lessor.
Anent your last query, please be informed that under Section 7 of the Code, the agricultural leasehold relation once established shall confer upon the agricultural lessee the right to continue working on the landholding and cannot be ejected therefrom unless authorized by the court (DARAB) for cause. Moreover, personal cultivation is no longer a ground for the ejectment of the lessee, in view of its deletion in Section 36 (1) of RA 6389 which amended RA 3844.
We hope we have clarified matters for you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office