DAR Issues New Guidelines On Leasehold Operation In Tenanted Coco Lands Affected By Fortuitous Event

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dar web news pix 1 march 5 2014 400The Department of Agrarian Reform (DAR) has issued new guidelines on lease rentals in tenanted coconut lands devastated by fortuitous events through Administrative Order No. 2, Series of 2014.

Secretary Virgilio R. de los Reyes said rules and regulations apply to all tenanted coconut landholdings, with or without a leasehold agreement.

He added that no tenant-lessee should be ejected from his farmholding due to the non-payment of lease rentals as a result of natural calamity unless authorized by court.

He disclosed that said tenant-lessee should renegotiate a new leasehold agreement with the landowner with respect to the payment of the lease rental, planting of crops, and change of crop.

De los Reyes explained that if the coconut trees on the subject landholding are heavily damaged due to a fortuitous event resulting in a crop failure, the tenant-lessee’s security of tenure should be maintained despite the failure to pay lease rentals.

dar web news pix 2 march 5 2014 400He said that when the landholding is being rehabilitated, tenant-lessees may re-plant the principal crop (coconut trees) and while the said principal crop has not yet attained its average normal harvest, the tenant-lessees are allowed to plant other crops to serve as temporary crops.

De los Reyes added that the affected tenant-lessee should be allowed to cut and transport coconut trees provided the necessary permit be secured from the Philippine Coconut Authority. He said net proceeds of the cut coconut trees should be reimbursed to the party who shouldered the said expenses after deducting the cost of cutting and hauling and divided between the tenant-lessee and landowner-lessor.

The 75%-25% ratio in favor of the tenant-lessee will be imposed in case of disagreement, de los Reyes added.