November 8, 1996
DAR OPINION NO. 100-96
Atty. Modesto A. Ticman, Jr.
Suite 44, Cityland Condominium 8
98 Sen. Gil Puyat Avenue
Makati City
Dear Atty. Ticman:
This refers to your request for opinion whether a tenant who opted to remain as a lessee in the land chosen as the retained area by the landowner may still be a beneficiary in the excess of the retained area.
It appears that your client, who are co-owners of a parcel of agricultural land situated in Mexico, Pampanga, filed an application for retention of the landholding with the PARO of Pampanga which was subsequently endorsed to the MARO. In the proceeding before the latter, your clients selected for retention the tenanted area. However, the MARO asserted that the tenants may still avail of their right as beneficiaries of the excess area even if they opted to remain as leasehold tenants on the area chosen by your clients.
You now contend that the right of the tenant is alternative. In other words, should the tenant avail of one, he loses his right to avail of the other. Hence your query.
We find your contention impressed with merit. Under Section 6 of R.A. No. 6657, as implemented by A.O. No. 11, Series of 1990, otherwise known as the Rules and Procedures governing the exercise of retention rights by landowners, it provides that "the right to choose the area to be retained, which shall be compact or contiguous, shall pertain to the landowner; Provided, however, that in case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features. In case the tenant chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary under this Act. In case the tenant chooses to be beneficiaries in another agricultural land, he loses his right as a lease holder to the land retained by the landowner. The tenant must exercise this option within a period of one (1) year from the time the landowner manifests his choice of the area for retention."
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA