November 27, 2000

DAR OPINION NO. 44-00

Mr. Anastacio Somera

Arellano St.

Camiling, Tarlac 2306

Dear Mr. Somera:

This refers to your letter seeking advice on the following queries, to wit:

1)        Whether or not you have the right to request your lessee (Mr. Marcial Antonio) to increase his leasehold rentals considering that he is now harvesting crops more than at the time the leasehold contract was entered into in 1979;

2)        Whether or not you can claim leasehold rentals on the second crop aside from the rentals paid in the first harvest season (1st crop);

3)        Whether or not you can stop Mr. Antonio from irrigating other lots/crops from the pump well he installed in your landholding or whether you can demand certain conditions for serving other lots; and

4)        Whether or not Mr. Antonio has the right to construct a cottage in the landholding without your knowledge and consent.

As stated in your letter, you are the owner of Lot 1769, consisting an area of 8,586 square meters, located in Brgy. Libueg, Camiling, Tarlac; that said lot was leased to Marcial Antonio in August 1979; and that the agreed rental is 8 cavans and 34.5 kilos.

Anent your first query, R.A. No. 3844 or the Agricultural Land Reform Code provides that, a landowner (lessor) can demand for an increase in the fixed or agreed lease rental only if he introduced capital improvement on the farm. In such a case, the rental shall be increased proportionately to the resulting increase in production due to said improvement.

Your second query is answered in the negative. After the rental has been fixed, such rental shall serve as payment for the use of the land. And the lessee may diversify and/or plant secondary crops without paying additional rent provided that all the expenses are shouldered by him/her.

Anent your third query, if there is no substantial damage, destruction or unreasonable deterioration of the land or any improvement thereon, the lessee may not be prohibited in installing the pump well and using it in irrigating other lots. What is strictly prohibited by R.A. No. 3844 is the lessee entering into a contract to work additional landholdings belonging to a different agricultural lessor, or acquiring and personally cultivating an economic family size farm, without the knowledge and consent of the lessor with whom he had first entered into leasehold, if the first landholding is of sufficient size to make him and the members of his immediate farm household fully occupied in its cultivation.

Finally, on your last query, one of the rights of a lessee is to have peaceful possession and enjoyment of the land. The construction of a cottage which is incident to his right to a homelot and enjoyment of the land is allowed even without the consent of the lessor, provided it will not result in the substantial damage or destruction of the land or any permanent improvement thereon.

Thank you for communicating with us and we hope to have clarified matters with you.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

PARO Teofilo Inocencio

DAR Provincial Office

Diwa ng Tarlac

Tarlac, Tarlac

The Municipal Agrarian Reform Officer

DAR Municipal Office

Camiling, Tarlac