August 14, 1996
DAR OPINION NO. 71-96
MS. CELEDONIA REVECHE
Meycauayan College
Meycauayan, Bulacan
Dear Ms. Reveche:
This has reference to your request for opinion on the following queries, to wit:
1. What is the legal basis for legal possession which vests the person the right to enter into a leasehold contract as agricultural lessor?
2. Who are qualified to sign evidences to be used as basis of decisions on agrarian cases?
3. Upon the death of the farmer, who are the lawful heirs to the right to till the land?
4. Before the death of a farmer, is there a law providing him the right to sell the right as tenant?
5. What is the consequence if a sale is made between two farmers?
6. Is the document showing the sale of right enough to prove that the sale is unlawful?
7. Who are authorized by law to receive payment to the rentals of the land?
8. Is an owner of another land given authority to receive payment of rentals for the owner without his knowledge? Is the evidence signed by this other owner a qualified evidence of receipt of rentals?
9. Did personal cultivation of the land as approved by the sister, creditor, make the brother or farmer the legal possessor?
Does this qualify him to enter into a leasehold contract or become an agricultural lessor who can farmer as tenant of the land?
Anent your first query, Section 6 of RA 3844, as amended (The Agrarian Reform Code) provides that the "agricultural leasehold relation shall be limited to the person who furnishes the landholding, either as owner, civil law lessee, usufructuary or legal possessor, and the person who personally cultivates the same". It is clear from said provision that the legal possessor of a landholding may enter into an agricultural leasehold contract with another person, instituting him as agricultural lessee thereon.
As regards your second query, since the same is couched in general terms, the most we can say is that the documents that can be used as evidence to bolster a party's allegations in connection with an agrarian case are those that were executed by persons clothed with authority to do so.
Anent succession to tenancy, paragraph 1, Section 9 of RA 3844 provides:
"Sec. 9. Agricultural Leasehold Relation Not Extinguished by Death or Incapacity of the Parties. — In case of death or permanent incapacity of the agricultural lessee to work his landholding, the leasehold shall continue between the agricultural lessor and the person who can cultivate the landholding personally, chosen by the agricultural lessor within one month from such death or permanent incapacity, from among the following: (a) the surviving spouse; (b) the eldest direct descendant by consanguinity, or (c) the next eldest descendant or descendants in the order of their age; Provided, That in case the death or permanent incapacity of the agricultural lessee occurs during the agricultural year, such choice shall be exercised a the end of the agricultural year: Provides, further, That in the event the agricultural lessor fails to exercise his choice within the period herein provided, the priority shall be in accordance with the order herein established."
The answer to your fourth query is that there is no law granting the tenant the right to sell his rights as such.
Anent your 7th query, the owner or his duly-authorized representative is entitled to receive rentals on the land.
As to query no. 8 the receipt signed by another person may serve as evidence of payment of rentals, only if said person has been duly authorized by the agricultural lessor to receive the same.
As to your last query, if the possession of a land by a person has been duly authorized by the owner thereof, then said possession may be deemed legal. Moreover, unless the legal possessor has been expressly prohibited by the owner from instituting a tenant on the land, he may legally enter into an agricultural leasehold contract and institute a tenant on the farmlot.
We hope to have clarified the matters for you. We wish to add, however, that the foregoing clarification does not constitute a decision on any case that may be filed involving the same subject matter.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA