DEPARTMENT MEMORANDUM CIRCULAR NO. 08-74
April 1, 1974
DEPARTMENT MEMORANDUM CIRCULAR NO. 08-74
TO : All Regional Directors, District Officers, Agrarian Reform Team Leaders, Field Officers
SUBJECT : Interim Policy of Status Quo Relationship between Landowners and their Tenant-Tillers
Status quo means maintaining leasehold as the relationship between landowners and their tenant-tillers and for the purpose, the following shall be observed:
1. No tenant-farmer shall be ejected or removed from his farmholding until such time as the respective rights of the tenant-farmer and landowner shall have been determined in accordance with Presidential Decree No. 27;
2. Ejectment cases pending in courts between tenant-farmers and landowners shall be referred to the Secretary of Agrarian Reform or his duly authorized representative in the locality for a preliminary determination of the relationship between the contending parties. If the Secretary finds that the case is a proper case for the court or judge or other hearing officer, he shall so certify and such court, judge or other hearing officer may assume jurisdiction over the dispute or controversy.
For further guidance on this matter, refer to DAR Memorandum Circular No. 27 dated December 6, 1973, implementing Presidential Decree No. 316.
3. Tenant-farmers are deemed owners of the land they till as of October 21, 1972, subject to the rules and regulations to be hereafter promulgated. On lands already covered by Operation Land Transfer, the lease hold system shall be provisionally maintained and the lease rentals paid by the tenant-farmers to the landowner to be credited as amortization payments. Payment of rentals shall be stopped when the Land
Bank shall have paid the cost of the land. On lands not yet covered by Operation Land Transfer, leasehold shall continue to govern the relationship between the landowner and his tenant-tillers.
4. No act shall be done to undermine or subvert the intent and provisions of Presidential Decrees, Letters of Instructions, Memoranda and Directives, such as the following and/or similar acts:
a) Dividing or subdividing tenanted rice and/or corn lands after October 21, 1972 except in the following cases;
(1) Where the land is owned legally by co-heirs or co-owners who acquired the same by succession prior to the issuance of Presidential Decree No. 27 in which case, such co-heirs or co-owners shall be considered as separate landowners with respect to their undivided portions thereof.
(2) Where the land is covered by Operation Land Transfer;
(3) Where the land is declared by the DAR as suitable for residential, commercial, industrial or some other urban purposes;
(4) Where the land is partly tenanted and partly untenanted and the landowner wants to survey and segregate the untenanted portion thereof, subject to prior written notice to the tenant-farmers and the DAR through its Regional Director, concerned;
(5) Where the land was sold directly by the landowner to his tenant-farmers in accordance with the terms and conditions of Presidential Decree No. 27; and
(6) Where the land is untenanted or is not planted to rice and/or corn.
b) Changing crops from palay and/or corn to other crops like sugarcane, coconut, tobacco, etc., by the landowner and the tenant-farmer, except upon the prior written authorization of the DAR;
c) Enlarging tillage or farmholding after October 21, 1972 except upon the written consent of the landowners subject to the condition that the increase in tillage shall cover only untenanted portion of the land that the total farmholding shall not exceed a family-size farm of five (5) hectares if not irrigated and three (3) if irrigated;
d) Entering untenanted rice and/or corn lands in order to establish tenancy relationship without the written consent of the landowner; ECaTAI
e) Mortgaging by the landowner of tenanted rice and/or corn lands to natural or juridical person/s after October 21, 1972;
f) Transferring ownership to tenanted rice and/or corn lands after October 21, 1972, except to the actual tenant-farmers or tillers but in strict conformity to the provisions of Presidential Decree No. 27 and the requirements of the DAR.
For effective updating of policies, plans and programs, reports stating findings, actions taken, solutions made, recommendations, etc., to be submitted to the Secretary once every two (2) months.
(SGD.) CONRADO F. ESTRELLA