December 9, 1994

DAR OPINION NO. 94-94

Mr. JIM G. COLETO

Legal Officer I

DAR Provincial Office

Rizal St., Surigao City

Dear Mr. Coleto:

This has reference to your letter dated 23 November 1994, requesting for clarification are whether the cultivation contemplated in Sec. 6 of RA 6657 as a requirement for the retention of homesteads is limited to personal cultivation by the landowner or includes cultivation through tenants.

The cultivation required for the retention of homesteads is personal cultivation by the landowner, which includes the assistance of his immediate farm household. However, if the farmlot is the subject of an agricultural leasehold contract (that is tenanted), one of the rights of the agricultural lessee is to manage the land. It follows that if a property is under agricultural leasehold, there can be no cultivation by the landowner to speak of. The requirement that the landowner should cultivate the homestead in order to retain the same could therefore not be satisfied if the land tenanted. In fine, tenanted homesteads cannot be the subject of retention by landowners, except with respect to the five-hectare limit.

We wish to further clarify, however, that the foregoing information does not constitute a decision on any case brought before the DARAB, as in the case cited in your letter.

Please be guided accordingly.

Very truly yours,

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