April 24, 2000

DAR OPINION NO. 11-00

Mr. Donald G. Padilla

Brgy. San Jose, Labrador

Pangasinan

Dear Mr. Padilla:

This has reference to your letter dated 31 January 2000 seeking opinion on whether or not a son of a recognized tenant can construct a separate concrete house on a homelot awarded to his father.

As culled from your letter, subject property is apparently being tilled by your father as tenant with your help; that you also constructed a concrete house just three (3) meters away from the house of your father without any opposition from the landowner; and, that after the construction has been completed the landowner now wanted to demolish it.

A homelot has been defined as a contiguous area where the tenant-farmer beneficiary has established his permanent dwelling with the consent of the landowner, including the area utilized for raising vegetables, poultry, pigs and other animals or for engaging in minor home industries (DAR Memorandum Circular No. 23, series of 1978). Said guideline further provides that the homelot actually occupied by the tenant-farmer beneficiary, whether located inside or outside the farmlot, shall be transferred to him, provided that the area to be transferred shall not exceed one thousand (1,000) square meters. If the area actually occupied exceeds the maximum area fixed herein, the acquisition of such excess area shall be the subject of a separate private transaction between the landowner and the tenant-farmer beneficiary.

Moreover, homelot under Republic Act No. 6657 (Comprehensive Agrarian Reform Law) is similarly defined as a parcel of agricultural land used by the agrarian reform beneficiary (ARB) as the site of his permanent dwelling, including the area utilized for raising vegetables, poultry, pigs and other animals and engaging in minor industries. The area of the homelot may not exceed 1,000 square meters (DAR Administrative Order No. 12, series of 1991).

In light of the foregoing, it appears that a tenant, together with his immediate farm household, is entitled to just one homelot. Thus, strictly speaking, the privilege of having a homelot may not be extended to any member of his family considering that the law apparently allows only one homelot for each tenant.

The reason for the prohibition is that the construction of separate houses by the child/children of the ARB-tenant may substantially reduce the area of the landowner's landholding. This practice is not sanctioned under R.A. No. 3844, as amended, P.D. No. 27 and R.A. No. 6657, for it would be prejudicial to the landowner who would be facing the realities in the future where the children and relatives of the ARB-tenant may settle and establish their permanent dwellings on the landholdings of the landowner.

The only possible exception here is when the dwelling to be established by the member of the immediate household of the tenant-beneficiary is within the 1,000 meter area as provided by law, and, the establishment thereof is with the consent of the landowner.

We hope to have clarified the matters with you.

Very truly yours,

(SGD.) FEDERICO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning