Dear PAO,
My family has been a long-established tenant on agricultural land in Malolos, Bulacan, for more than 60 years now. Recently, the subject land was sold to a corporation, which demanded that we should vacate the property, as they are developing a housing project in the area. Can the new owner legally remove us as tenants? If so, are we entitled to any form of payment or damages?
Alejo
Dear Alejo,
Pursuant to Republic Act (RA) 3844 or the Agricultural Land Reform Code, an agricultural tenant is clothed with the right to security of tenure, which means that he or she cannot be evicted from the landholding without just or valid cause and only through proper legal proceedings. Such protection against removal from the landholding was unequivocally stated in Section 7 of the aforesaid law, which states:
“Section 7. Tenure of Agricultural Leasehold Relation – The agricultural leasehold relation once established shall confer upon the agricultural lessee the right to continue working on the landholding until such leasehold relation is extinguished. The agricultural lessee shall be entitled to security of tenure on his landholding and cannot be ejected therefrom unless authorized by the Court for causes herein provided.”
Therefore, an agricultural tenant cannot be evicted and removed from the land he or she is cultivating unless the dispossession is authorized by the courts under circumstances allowed by law.
Notwithstanding the guarantee to security of tenure, there are certain occasions when the tenant may be legally ousted from the landholding. Section 36 of the Agricultural Reform Code enumerates the instances when an agricultural tenant may be legally evicted, as follows:
“Section 36. Possession of Landholding; Exceptions – Notwithstanding any agreement as to the period or future surrender, of the land, an agricultural lessee shall continue in the enjoyment and possession of his landholding except when his dispossession has been authorized by the Court in a judgment that is final and executory if after due hearing it is shown that:
“(1) The agricultural lessor-owner or a member of his immediate family will personally cultivate the landholding or will convert the landholding, if suitably located, into residential, factory, hospital or school site or other useful non-agricultural purposes: Provided; That the agricultural lessee shall be entitled to disturbance compensation equivalent to five years rental on his landholding in addition to his rights under Sections twenty-five and thirty-four, except when the land owned and leased by the agricultural lessor, is not more than five hectares, in which case instead of disturbance compensation the lessee may be entitled to an advanced notice of at least one agricultural year before ejectment proceedings are filed against him: Provided, further, That should the landholder not cultivate the land himself for three years or fail to substantially carry out such conversion within one year after the dispossession of the tenant, it shall be presumed that he acted in bad faith and the tenant shall have the right to demand possession of the land and recover damages for any loss incurred by him because of said dispossessions.
“xxx”
Therefore, applying the foregoing to your case, the new owner may lawfully terminate the tenancy relationship, and divest you from the landholding on account of the conversion of the agricultural land to a residential project. However, the law is clear that 1): the ejectment must be authorized by the court in a judgment that is final and executory, and after due hearing; and 2) you must be paid the appropriate disturbance compensation.
Moreover, apart from the disturbance compensation that you will receive due to eviction from the landholding, you will also be reimbursed for the expenses you incurred for cultivation and any useful improvements made on the subject land, as stated in Section 25 of the Agricultural Reform Code.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
