April 30, 1998
DAR OPINION NO. 54-98
CIRIACO R. GUIMPOL
Bgy. Santiago
Pili, Camarines Sur
Dear Mr. Guimpol:
This refers to your letter of 02 March 1998 requesting opinion/information on the query posed therein.
As stated, you are the registered tenant/farmer-beneficiary of an agricultural land located at Sitio Anayan, Bgy. San Vicente, Pili, Camarines Sur. As such, you will be directly affected by the proposed construction of Ocampo — Pili Diversion Road. Your query is whether or not as a tenant/farmer beneficiary you are entitled to a Disturbance Compensation in case of expropriation of the said agricultural land.
It is well-settled that disturbance compensation provided in Section 36 (1) of R.A. No. 3844, as amended covers cases of legal conversion undertaken at the instance of the landowner, i.e., cases where the use of the land for purposes other than agricultural is approved by the Department of Agrarian Reform. Based on the foregoing premise, it is clear that you could not be entitled to a disturbance compensation since there is actually no legal conversion which transpired in your particular case. Rather, there is an expropriation presumably undertaken at the instance of the government in the exercise of its power of eminent domain.
The applicable law on the matter is Executive Order No. 1035 which provides for 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. The provision of Section 18 of said law pertinent to your query, provides:
Sec. 18, E.O. No. 1035. — Financial Assistance to Displaced Tenants/Occupants. The amount of financial assistance to be given to tenants/farmers of agricultural lands which is to be determined by the implementing agency concerned in consultation with appropriate agencies, shall be equivalent to the value of' the gross harvest for one year on the principal, and secondary crops of the area acquired, based on the average annual gross harvest for the last three preceding crap years: Provided, That in no case shall the financial assistance be less than P15,000.00 per hectare.
Thus, applying the above provision of law, a displaced tenant/farmworker affected by the expropriation of a portion of agricultural land subject of a proposed construction of Diversion Road shall accordingly be given financial assistance as set forth therein.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
The Regional Director
DAR, Legaspi City
The Regional Director
DPWH Legaspi City
The Provincial Agrarian Reform Officer
Pili, Camarines Sur
The Municipal Agrarian Reform Officer
Pili, Camarines Sur
OSEC
Doc. No. 98040161