March 19, 1998

DAR OPINION NO. 37-98

CORA S. CHIOCO

Suite 2103, Primetown Century Tower

Kalayaan Avenue

Makati City

Dear Ms. Chioco:

This refers to your request for opinion dated February 10, 1998, where the following queries were raised:

1.         Whether or not a tenant-farmer who was awarded an agricultural lot under P.D. No. 27 is entitled to acquire a residential lot outside the said agricultural lot;

2.         What is the maximum area he should to be entitled; and

3.         What is the maximum distance between the farmlot and the homelot as contemplated by law?

Please he informed that the basic rule is that a tenant-farmer is entitled to a homelot actually, occupied by him, whether located inside or outside the farmlot. The pertinent legal provisions read:

Section 22 (3), R.A. No. 1199

"The tenant shall have the right to demand for a homelot suitable for dwelling with an area of not more than 3 per cent of the area of his landholding provided it does not exceed one thousand square meters and that it shall be located at a convenient and suitable place within the land of the landholder to be designated by the latter where the tenant shall construct his dwellings and may raise vegetables, poultry, pigs and other animals and engage in minor industries, the products of which shall accrue to the tenant exclusively. . . ."

Ministry Memorandum .Circular No. 23, Series of 1978 (Implementing Guidelines of LOI No. 705, entitled: Transferring of Homelots to Tenant-Tillers Who Are Beneficiaries of P.D. No. 27), Par. III, 1.C

"For this purpose, "vicinity" or "reasonable distance" shall mean a distance of not more than three (3) kilometers reckoned from the homelot to the farmlot".

As applied to your first query, a tenant-farmer who was awarded an agricultural lot under P.D. No. 27 may be entitled to acquire a homelot outside the agricultural lot that he bought or awarded to him.

With respect to your second and third queries, said tenant-farmer beneficiary shall be entitled to a homelot, whether located inside or outside the farmlot, with a maximum area of one-thousand (1,000) square meters. The subject homelot may be located within reasonable distance or in the vicinity of the farmlot, which shall mean a distance of not more thin three (3) kilometers from the homelot to the farmlot.

May we remind you however that the foregoing opinion does not constitute a ruling in any case that involves or may involve the same subject matter.

Please be guided accordingly.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning