Dear Atty. Gab,

Musta Atty! My name is Maria Hizon, and I’m writing to you because I’m incredibly confused and worried about a piece of land my family has owned for generations in the province. For years, we allowed a neighbor to farm a portion of it since we live in the city and couldn’t manage it ourselves. We never had a formal agreement, just a verbal understanding that they could use the land. Now, I’ve heard rumors that this neighbor might be trying to claim ownership of the land, arguing that because they’ve been farming it for so long, they have a right to it. I’m worried that they might be able to take away our family’s land. Do they have any legal basis to claim it? What are my rights as the landowner in this situation, and what steps should I take to protect our property? Any guidance you can provide would be greatly appreciated.

Thank you for your time and expertise.

Sincerely,
Maria Hizon

Dear Maria,

Musta Maria! I understand your concern about the rumors of your neighbor’s potential claim to your family’s land. The core issue revolves around agrarian reform laws and whether your neighbor’s long-term cultivation of the land grants them any ownership rights. It’s essential to understand your rights as a landowner and the conditions under which someone else can claim ownership based on cultivation.

Understanding Land Ownership Rights in the Philippines

The Philippine Constitution and various agrarian reform laws prioritize the rights of landless farmers to own the land they till. This is enshrined in Article XIII, Section 4 of the Constitution, which states that the State shall “undertake an agrarian reform program founded on the right of farmers and regular farm workers, who are landless, to own directly or collectively the lands they till.” This provision aims to distribute land more equitably and empower those who directly work the land.

Republic Act No. 6657, also known as the Comprehensive Agrarian Reform Law (CARL), further clarifies who can benefit from this program. Section 22 of CARL specifies that “the lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority: (a) agricultural lessees and share tenants; (b) regular farmworkers; (c) seasonal farmworkers; (d) other farmworkers; (e) actual tillers or occupants of public lands; (f) collectives or cooperatives of the above beneficiaries; and (g) others directly working on the land.” This prioritizes those who directly cultivate the land and lack other land ownership.

However, the mere fact that someone has been farming a piece of land for a long time does not automatically grant them ownership. Several factors need to be considered, including whether a tenancy relationship exists and whether the landowner has violated any agrarian reform laws. It’s important to understand the concept of tenancy. A tenant is someone who cultivates the land with the owner’s consent, sharing the harvest or paying rent.

If your neighbor is considered a tenant, their rights are protected by law. However, even if a tenancy relationship exists, it doesn’t automatically mean they can claim full ownership. The key factor is whether you, as the landowner, have violated any conditions or laws that would warrant transferring ownership to the actual tiller. According to DAR Administrative Order No. 3, Series of 1990, “Land has a social function, hence, there is a concomitant social responsibility in its ownership and should, therefore, be distributed to the actual tillers/occupants.” This highlights the importance of actual cultivation in determining land ownership.

Furthermore, consider this undertaking from a previous court decision:

“2.that I vvill not 1 subdivide, sold (sic) or in any manner transfer or encumber said land without the proper consent of the DAR subject further to the terms and conditions provided for under Republic Act No. 6657 and other Operating laws not inconsistent thereon; 3.That I shall not employ or use tenants whatever form in the occupation or cultivation of the land or shall not be subject of share tenancy pursuant to the provision of PD No. 132 dated March 13, 1973, x x x.” (Emphasis supplied)

This implies that engaging a tenant without proper consent or violating agrarian laws can jeopardize your ownership rights. A critical aspect to examine is whether you have received any notice of cancellation or violations from the Department of Agrarian Reform (DAR). The DAR is the government agency responsible for implementing agrarian reform laws, and any actions they take regarding your land could significantly impact your ownership rights. Thus, if you have not received any formal notice, it strengthens your position as the rightful owner.

However, you may have abandoned your rights to the land by not following up with land titles or any administrative procedure.

“Upon full payment of the purchase price as herein stipulated including all interest thereon and the performance by the PROMISSEE of all the conditions herein required, the Administration shall execute a Deed of Sale conveying the property subject of this Agreement to the PROMISSEE.” (Underscoring supplied)

Consider also Article II Section 21 from our constitution:

SEC.21. The State shall promote comprehensive rural development and agrarian reform.

This emphasizes the State’s commitment to agrarian reform and rural development. This commitment influences how courts interpret agrarian laws, often favoring the landless tiller.

In your situation, it’s crucial to gather all relevant documents, including any proof of ownership, tax declarations, and records of your verbal agreement with your neighbor. If there’s evidence that your neighbor was merely allowed to farm the land without any formal tenancy agreement, and you haven’t violated any agrarian laws, your claim to the land is likely stronger. However, if a tenancy relationship exists, or if the DAR has taken any action against you, the situation becomes more complex. You must also consider if you filed the necessary paper work to secure your rights to the property.

Practical Advice for Your Situation

• Consult with an Agrarian Law Expert: Given the complexities of agrarian laws, seek legal advice from a lawyer specializing in this area. They can assess your specific situation and provide tailored guidance.
• Gather Evidence of Ownership: Compile all documents proving your family’s ownership of the land, such as land titles, tax declarations, and any other relevant records.
• Document Your Agreement with the Neighbor: If possible, gather evidence showing the nature of your agreement with the neighbor, emphasizing that it was merely a permissive arrangement.
• Check with the Department of Agrarian Reform (DAR): Inquire with the DAR to determine if any claims or proceedings have been initiated regarding your land.
• Consider Mediation: Attempt to resolve the issue amicably through mediation with your neighbor. This can potentially lead to a mutually agreeable solution without resorting to lengthy legal battles.
• Prepare for Potential Legal Action: Be prepared to defend your ownership rights in court if necessary. Your lawyer can help you prepare the necessary legal documents and represent you in any legal proceedings.

Navigating agrarian reform laws can be challenging, but understanding your rights and taking proactive steps can significantly protect your family’s land. By seeking expert legal advice and gathering the necessary evidence, you can effectively address this issue and safeguard your property.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

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.