Dear Atty. Gab

Musta Atty! My name is Ricardo Cruz, and I’m writing to you because I’m in a very stressful situation with the land I farm here in Pampanga. My late father, Manuel, was the recognized tenant of this 2-hectare rice land for decades, and he even received a Certificate of Land Transfer (CLT) back in the 1970s. After he passed away about 15 years ago, I continued farming the land, taking over his responsibilities as the recognized heir and tenant.

For all these years, I’ve been paying the agreed lease rentals religiously. I always paid Mang Elias, who was the encargado (representative) appointed by the original landowner, Doña Esmeralda. I have receipts for most of these payments, although some are just simple handwritten notes from Mang Elias.

Recently, a Mr. Velasco came, claiming he bought the land at an auction maybe 10 or 12 years ago. He was very angry, saying I haven’t paid him any rent since he supposedly bought it. He showed me some documents, but it was the first time I heard about this sale. He never approached me before, never demanded payment. Now, he’s threatening to file a case to eject me from the land if I don’t pay him all the alleged back rentals immediately and vacate.

I’m really confused and worried, Atty. Gab. Does he have the right to demand back rentals even if he never told me he was the new owner? Were my payments to Mang Elias invalid? Doesn’t my father’s CLT give me some protection? Can he just kick me out like this after all these years? I don’t know what to do.

Thank you for any guidance you can provide.

Respectfully,
Ricardo Cruz

Dear Ricardo,

Thank you for reaching out. I understand your distress regarding the situation with the land you farm and the sudden demands from Mr. Velasco. It’s natural to feel confused and worried when your livelihood and security feel threatened, especially given your long history with the land and your father’s CLT.

The core issue here revolves around your rights as an agricultural tenant, particularly your security of tenure, and the specific requirements a landowner must meet to lawfully eject a tenant, especially concerning alleged non-payment of lease rentals. Your payments made in good faith to the previous representative and the existence of a CLT are significant factors. Let’s delve into the legal principles that protect tenants like you under Philippine agrarian laws.

Understanding Your Shield: Security of Tenure in Agrarian Law

Philippine law provides strong protection for agricultural tenants. Once an agricultural leasehold relationship is established, as is the case with you inheriting the tenancy from your father, you are entitled to security of tenure. This means you have the right to continue working on the landholding and cannot simply be removed at the landowner’s whim.

The law is very clear on this protection. As stated in the Agricultural Land Reform Code:

“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.” (Republic Act No. 3844, Section 7, emphasis supplied)

This security is further reinforced, specifying that a tenant cannot be disturbed in their possession except through a court order based on specific legal grounds:

“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 specific causes exist.” (Republic Act No. 3844, Section 36, paraphrased)

One of the grounds Mr. Velasco seems to be invoking is non-payment of lease rentals. However, the burden of proving a lawful cause for ejectment rests entirely on the landowner, Mr. Velasco in this instance. He cannot just allege non-payment; he must prove it clearly and convincingly.

“The burden of proof to show the existence of a lawful cause for the ejectment of an agricultural lessee shall rest upon the agricultural lessor.” (Republic Act No. 3844, Section 37)

Crucially, mere failure to pay rent is not enough. For non-payment to be a valid ground for ejectment, the law requires that the failure must be willful and deliberate, and typically must persist for a significant period (often interpreted as at least two years, based on related decrees like P.D. 816). If you were paying Mang Elias in good faith, believing him to be the authorized representative, and Mr. Velasco never made prior demands after acquiring the property, it would be difficult to characterize your actions as a willful and deliberate refusal to pay the rightful owner. Mr. Velasco’s prolonged silence after his alleged purchase could weaken his claim that you deliberately withheld payment from him.

Furthermore, the existence of a Certificate of Land Transfer (CLT) under Presidential Decree No. 27 significantly strengthens your position. A CLT represents an ‘inchoate ownership’ or a provisional title recognizing the farmer-beneficiary as the ‘deemed owner’ pending full payment of the land’s value through amortization. P.D. No. 27 aimed to transfer ownership to tenant-farmers of private agricultural lands primarily devoted to rice and corn.

A Certificate of Land Transfer (CLT) is a document that evidences an agricultural lessee’s inchoate ownership of an agricultural land… It is the provisional title of ownership issued to facilitate the agricultural lessee’s acquisition of ownership over the landholding. (Derived from principles discussed in P.D. No. 27 jurisprudence)

Under P.D. No. 27 and subsequent laws like R.A. No. 6657 (Comprehensive Agrarian Reform Law), lands covered by CLTs are generally protected from being taken back by the landowner, even for non-payment of amortizations, as mechanisms exist for payment guarantees (e.g., through farmer cooperatives or Land Bank). Transfer of such land is highly restricted, primarily only through hereditary succession or transfer to the government. Reversion to the original landowner is generally prohibited. While Mr. Velasco acquired the land via auction (which might involve complexities regarding the CLT), your status as a tenant-beneficiary under agrarian reform laws grants you substantial rights that cannot be easily ignored.

Practical Advice for Your Situation

• Gather All Evidence: Compile all receipts or proof of payment made to Mang Elias, no matter how simple. Also, secure copies of your father’s CLT and any documents proving your succession as his heir and tenant.
• Document Everything: Keep a record of all interactions with Mr. Velasco, including dates, times, and what was discussed. If possible, have a witness present during conversations. Avoid making any verbal agreements without legal counsel.
• Do Not Vacate: Do not leave the land based solely on his threats. Ejectment requires a final court or DARAB (Department of Agrarian Reform Adjudication Board) order after due process.
• Seek Assistance from DAR: Immediately consult the Municipal Agrarian Reform Officer (MARO) or Provincial Agrarian Reform Officer (PARO) in your area. They provide free legal assistance to farmers and can mediate or represent you. Bring all your documents.
• Formal Response: If Mr. Velasco sends a formal demand letter, consult with DAR legal assistance or a private lawyer specializing in agrarian law to formulate a proper written response asserting your rights and explaining the payment history.
• Verify Ownership and CLT Status: Ask DAR to help verify the status of the CLT and Mr. Velasco’s ownership claim, especially how it interacts with the land reform coverage under P.D. 27.
• Understand Rental Obligations Moving Forward: Clarify with DAR the correct procedure for paying lease rentals now that Mr. Velasco has asserted ownership. Payment might need to be made to him or potentially deposited with DAR or Land Bank, depending on the CLT status and any ongoing disputes.

Your situation highlights the importance of security of tenure for tenant farmers. While Mr. Velasco has the right as a landowner to receive lease rentals, he must respect your rights as a protected tenant under agrarian reform laws, especially given the CLT. His failure to communicate for years and your continued payments in good faith are strong points in your favor.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

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Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.