April 13, 2000
DAR OPINION NO. 09-00
Dr. Evangeline G. Alvarez
25 T. Alonzo St.
Barangay Marilag, Project 4
Quezon City
Dear Dr. Alvarez:
This refers to your letter requesting for information on relevant provisions of agrarian law pertaining to the rights of a tenant, particularly his share in the land compensation for a right-of-way.
Perusal of your letter reveals that a portion of the tenanted land of your mother located in Batangas was acquired by the National Power Corporation (NPC) for right-of-way purposes, and, that from the payment thereof, the tenant is requesting for a share. You also verbally informed us that the land is primarily planted to coconut, and coffee and lanzones as auxiliary crops.
Since the taking of a portion of your mother's property for right-of-way is undertaken at the instance of the government in the exercise of its power of eminent domain, we believe that the provisions of Executive Order No. 1035 (PROVIDING THE PROCEDURES AND GUIDELINES FOR THE EXPEDITIOUS ACQUISITION BY THE GOVERNMENT OF PRIVATE REAL PROPERTIES OR RIGHTS THEREON FOR INFRASTRUCTURE AND OTHER GOVERNMENT DEVELOPMENT PROJECTS) shall be applicable. Section 1 of Executive Order No. 1035 provides that it covers all acquisitions of private real properties or rights-of-way (ROW) thereon needed for infrastructure projects and other development projects of the government which are undertaken by any ministry, agency, office or instrumentality of the government, including government-owned or controlled corporations and state colleges and universities. Section 18 of the same Executive Order, on the other hand, provides the basis for determining the amount of financial assistance to be given to affected/displaced tenants-farmers of subject agricultural lands. A copy of E.O. No. 1035 is herewith attached for your ready reference.
However, with respect to the area which is not taken as right-of-way, it is believed that the tenant shall not be disturbed of his peaceful occupation, as tenants may only be dispossessed of their landholdings when authorized by the courts (now, the DAR Adjudication Board).
Thank you for communicating with us and we hope to have enlightened you on the matter.
Very truly yours,
(SGD.) FEDERICO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning