Anayron, Belangel, Bubu, Delos

Reyes, Lim, Oliamost, Prisco

LAW ASSOCIATES A&L
JUSTICE WILL BE SERVED.

Dear Doña Elena:

Good day! Thank you for entrusting us with your legal inquiry. 

This letter is a legal opinion that seeks to provide the legal remedies available
for you under the circumstances.

As the new agricultural lessors of the property, your son may seek the remedy
of dispossession from the courts, under Sec 36 of RA 3844. Under such
provision, specifically paragraph 1 thereof, states that:

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.

In this case, your son intends to convert the agricultural land and use it for his
industrial production. Besides, you offered the farmers compensation and even
the right to redeem the property, but the latter denied such an offer. Hence,
having a valid ground therefor, you and your son may seek for the
dispossession of the property.

The lessees would then be entitled to disturbance compensation equivalent to

five years rental of their landholding and they will also be indemnified, under
Section 25 of the Act for the cost and expenses incurred in the cultivation,
planting, or harvesting and other expenses incidental to the improvement.

CEBU CITY, CEBU 6000 | AGRARIANLAWASSOCIATES@ETC.COM | 123-456-7890

Anayron, Belangel, Bubu, Delos
Reyes, Lim, Oliamost, Prisco
LAW ASSOCIATES A&L
JUSTICE WILL BE SERVED.

Under Section 36(1), the agricultural lessees shall be entitled to disturbance

compensation only if the land owned and leased by the agricultural lessee
exceeds 5 hectares. On the facts provided by you, the land was a total of 50
hectares, thereby exceeding 5 hectares which would entitle the farmers to
disturbance compensation.

As stated by you, you already gave the farmers the option to exercise their right
to redemption on the property, but they declined the offer. Thus, the farmers
will therefore be barred from subsequently invoking this right under Section 12
of RA 3844.

Should you have further questions, feel free to contact us. Thank you very
much.

Sincerely yours,  

Anayron, Mariel Louisse 

Belangel, Danilo Kelso
Bubu, Abegail
Delos Reyes, Ritzleen
Lim, Christian
Oliamot, Mary Abegail
Prisco, Shanen

Agrarian Law Legal Division

305 Ernest Hoedermann Building 

Cebu City 6000

CEBU CITY, CEBU 6000 | AGRARIANLAWASSOCIATES@ETC.COM | 123-456-7890