August 24, 1994

DAR OPINION NO. 62-94

Alfredo Esoy

Bayan Subdivision, Polomolok

South Cotabato

Dear Mr Esoy:

Your letter dated 8 March 1994 to President Fidel V. Ramos requesting for his assistance relative to your desire to convince your tenant to vacate the farmlot cultivated by him has been referred to DAR for appropriate action. We understand that you have failed to convince your tenant to vacate his tillage because he is asking for an amount that you consider too high.

As explained in our previous letter to you, the tenant is entitled to security of tenure on the farmlot and may not be ejected therefrom except upon final order of the court. However, under Sec. 28(5) of RA 3844, as amended the leasehold relations maybe terminated if the tenant voluntarily surrenders the farmlot "due to circumstances more advantageous to him and his family.

Please note that the surrender by the tenant of the cultivation of the 4.5-hectare corn land means the surrender of his right to continue in the peaceful possession and cultivation thereof as well as the right of his qualified heir to succeed to his tenancy. Note further that said surrender must be voluntary and due to circumstances which the tenant considers be more advantageous to him and his family. Should the tenant feel that it would be to his advantage to remain in the farmlot he is legally entitled to his security of tenure thereon. Taking said facts into considerations we reiterate our advice that you continue exploring means of settling the matter under terms which are mutually acceptable to both yourself and your tenant.

Very truly yours,

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

Copy furnished:

OSEC

Document No. 94080215