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Salang VS. Daquio - IV

This decision reviews an agricultural leasehold contract from 1986 involving land in Bohol. The adjudicator orders the contract be updated due to the death of the lessee, and directs the municipal agrarian reform program officer to assist in executing a new contract within 30 days if someone is currently cultivating the land.

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45 views4 pages

Salang VS. Daquio - IV

This decision reviews an agricultural leasehold contract from 1986 involving land in Bohol. The adjudicator orders the contract be updated due to the death of the lessee, and directs the municipal agrarian reform program officer to assist in executing a new contract within 30 days if someone is currently cultivating the land.

Uploaded by

Peter Allan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM


ADJUDICATION BOARD
Office of the Provincial Adjudicator
Old Provincial Capitol Complex
CPG Avenue, Tagbilaran City
Province of Bohol

GRACE B. FUA, DARAB Case No. VII-BOH-13212-2020


PARPO II
DARPO, BOHOL, FOR: Review of Agricultural
Leasehold
Petitioner, Contract (ALHC)

-versus-

ZOILO SALANG, Agricultural Lessor,


GREGORIO DAQUIO, Agricultural Lessee,
Respondents.
x- - - - - - - - - - - - - - - - - - - - - - - - - - -- x

DECISION
Before this Adjudication Board is a Petition for Review of the
Agricultural Leasehold Contract (ALHC) filed on July 17, 2020 by Grace B.
Fua through counsel, in her capacity as the Provincial Agrarian Reform
Program Officer II (PARPO II) of DAR Provincial Office of Bohol.

The subject matter for review is an agricultural leasehold contract


which was entered on January 07, 1986 by and between Zoilo Salang,
agricultural lessor and Gregorio Daquio, agricultural lessee, involving an
agricultural landholding described below:

“An agricultural landholding located at Sambog,


Corella, Bohol, with an area of ONE
THOUSAND TWO HUNDRED (1,200) square
meters, bounded on:

North : Catalina Daraman


South : Feliculo Bontuan
East : Magdalina Daraman
West : Catalino Banal.“

Petitioner claims that one of the functions of PARPO II is to conduct


periodic review of all existing leasehold contracts and the proper adjustment
thereof pursuant to DAR Administrative Order No. 2 series of 2006, as
amended. Hence the present petition.

Discussions and Ruling

Page 1 of 4
At the outset, it is important to emphasize the jurisdiction of DAR
Adjudication Board (DARAB) on matters relating to review of agricultural
leasehold contract as provided under Section 1, paragraph (g) of the 2009
DARAB Rules of Procedure, to wit:

Section 1. Primary and Exclusive Original and


Appellate Jurisdiction - The Board shall have
primary and exclusive jurisdiction, both original
and appellate, to determine and adjudicate all
agrarian disputes involving the implementation of
the CARP under R.A. 6657, as amended by R.A.
9700, EO228, 229 and 129-A, RA 3844, as
amended by RA 6389, PD No. 27, and other
agrarian laws and their Implementing Rules and
Regulations. Specifically, such jurisdiction shall
include but not limited to cases involving the
following:
a. ....
b. ....
c. ....
d. ... .
e. ....
f. . . ..
g. Those involving the review of leasehold
rentals and . . .
h. ....
i. ....
j. ....
k. . . . . ‘’

The review of agricultural leasehold rental is pursuant to the mandate


of DAR to protect the rights and improve the tenurial and economic status of
the farmers of tenanted lands.

In this regard, Item No. IX of DAR A.O 2 series of 2006, otherwise


known as the Revised Rules and Procedure Governing Leasehold
Implementation in Tenanted Agricultural Land, expressly provides, that:

“The PARO shall ensure the conduct of


periodic review of all existing leasehold contracts
and the proper adjustment thereof, if warranted,
based on the changes in production, income, and
other essential agricultural and transactional
activities, significantly affecting the lessor and
lessee of the agricultural land. xxx xxx xxx.”

On the basis of the foregoing, there is a need to review existing


leasehold contracts and update it accordingly pursuant to DAR
Administrative Order No. 02, Series of 2006.

Page 2 of 4
Records of the case show that the subject ALHC had been executed
on January 07, 1986, or for more than thirty-four (34) years, hence, it is
imperative that the parties to the contract be called and examined, as part of
the periodic review of existing leasehold contracts.

During the conference conducted on September 02, 2020, it was


disclosed by the agricultural lessee’s son in the person of Eduardo Daquio,
that after his father had died, nobody from their side, succeeded in
cultivating the subject landholding.

Section 8 of R.A. 3844, otherwise known as Agricultural Land


Reform Code, provides that Extinguishment of Agricultural Leasehold
Relation. The agricultural leasehold relation established under this Code
shall be extinguished by:

(1) Abandonment of the landholding without the knowledge of the


agricultural lessor;

(2) Voluntary surrender of the landholding by the agricultural lessee, written


notice of which shall be served three months in advance; or

(3) Absence of the persons under Section nine (9) to succeed to the lessee, in
the event of death or permanent incapacity of the lessee.

WHEREFORE, premises considered. Order is hereby issued:

1. Declaring the Agricultural Leasehold Contract dated January 07, 1986


executed by and between Zoilo Salang, agricultural lessor and Gregorio
Daquio, agricultural lessee due and proper for novation/amendment in
view of the death of the lessee;

2. Directing the MARPO of Corella to conduct investigation /verification if


there is any person presently cultivating the subject landholding and if
there is, for the MARPO to assist the lessor and the NEW LESSEE in the
execution of leasehold contract in accordance with DAR A.O. 2 series of
2006; and

3. Directing the MARPO to furnish a copy of the updated leasehold contract


to this Office within thirty (30) days from its execution.

SO ORDERED.

Tagbilaran City, Province of Bohol, Philippines.

October 07, 2020.

Page 3 of 4
NEILI C. BILOCURA-
RESMA
Provincial Adjudicator

Copy furnished:

1. Ms. Grace B. Fua, CESO V


Petitioner
Provincial Agrarian Reform Program Officer II
Bohol Old Capitol Building
CPG Avenue, Tagbilaran City

2. Mr. Renato Dalay


Counsel for the petitioner
COS-Legal Assistant, ALS – DARPO – Bohol
Bohol Old Capitol Building
CPG Avenue, Tagbilaran City

3. Mr. Zoilo Salang


(Represeted by Nelson Jacinto B. Salang)
Agricultural Lessor
Poblacion, Corella, Bohol

4. Mr. Gregorio Daquio


(Represented by Eduardo Daquio)
Agricultural Lessee
Sambog, Corella, Bohol

5. The MARPO
DARMO – Corella
Corella, Bohol

6. File copy////3D

Page 4 of 4

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