February 19, 1997
DAR OPINION NO. 15-97
MEMORANDUM
FOR : ATTY. HECTOR D. SOLIMAN
Undersecretary
FOG
SUBJECT : Legal Query on the Dayco Property Located at Sitio Llano, Punta, Jala-jala, Rizal
This has reference to the problem of the farmers who are facing ejectment cases filed before the regular courts by a developer-buyer of a portion of the property of Mr. Miguel Dayco, Sr. consisting of 138.5612 hectares, more or less, situated at Sitio Llano, punta, Jala-jala, Rizal. It is in this respect that they are requesting for the protection of their tenancy rights over the subject property considering that allegedly they have been cultivating the area since 1930 under a leasehold contract with the landowner and, some of them are CLT holders. Their status as such was recognized even prior to the approval of the subdivision plan and its sale to third parties. Hence, your query whether a petition for redemption is a proper remedy in this instance to protect the tenancy rights of the farmers.
Though it appears on record that the subject property was already reclassified as non-agricultural per Department of Justice (DOJ) Opinion No. 44, Series of 1990 and therefore is exempt from CARP coverage, we deem it right that the issue of tenancy should first be resolved before the DAR Adjudication Board (DARAB) considering that the farmers have allegedly been cultivating the area since 1930 under a leasehold contract with the landowner and some of them are CLT holders. The alleged tenants should thus file a petition before the DARAB where the property is located in order to determine their rights as tenants.
For tenancy relationship to exist, the Supreme Court in a long line of decisions, stated that the following requisites must be present:
1. The parties are the landowner and the tenant;
2. The subject land is agricultural land;
3. There is consent;
4. The purpose is agricultural production;
5. There is personal cultivation; and
6. There is sharing of harvests or payment of rentals (Rafael Gelos vs. The C.A. and Ernesto Alzona, 208 SCRA 608; Yolanda Caballes vs. DAR, et al., 168 SCRA 247).
Should the DARAB establish that agricultural leasehold or tenancy relation does exist, it shall confer upon the agricultural lessees the right to continue working on the landholding and they shall be entitled to security of tenure and cannot be ejected therefrom unless authorized by the Court. Under existing laws, rules and regulations, in case the agricultural lessor sells the landholding, the purchaser, or transferee thereof shall be subrogated to such right, in other words, the agricultural lessee shall remain in the landholding. The agricultural lessee is also clothe with the rights of pre-emption and redemption in case the landholding is sold to a third person without his knowledge. The right of pre-emption may be exercised within one-hundred eighty (180) days from notice in writing, which shall be served by the owner on all lessees affected and the Department of Agrarian Reform. Likewise, the right to redeem the property may be exercised within one hundred eighty (180) days from notice in writing which shall be served by the vendee on all lessees affected and the Department of Agrarian Reform upon registration of the sale, and shall have priority over any other right of legal redemption.
We wish to add, however, that the foregoing opinion is based merely on the information supplied to us and does not constitute a decision in any case that may be pending or filed involving the same issue.
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
Ms. Norieta Villarina
Llano Farmers Multi-Purpose Cooperative
Sitio Llave, Brgy. Bayugo,
Jala-jala, Rizal