June 19, 1973

DEPARTMENT MEMORANDUM CIRCULAR NO. 02-A-73

TO                :     All Regional Directors
                                District Officers
                               Agrarian Reform Team Leaders
                              Field Personnel

            We have received reports about the rising number of conflicts among tenants and landowners in tenanted rice and/or corn land resulting in the disturbance of peace and order in the rural areas. In previous memoranda, pursuant to instructions of President Ferdinand E. Marcos, we directed that pending the issuance of the implementing rules and regulations of Presidential Decree No. 27, there shall be status quo in the relationship between tenant-farmers and landowners.   ACDTcE

            Status quo shall mean maintaining the leasehold arrangement existing as of October 21, 1972 and in addition, the following guidelines shall be observed:

1.         No tenant-farmer shall be ejected or removed from his farmholdings pending the promulgation of the Rules and Regulations; no new ejectment cases shall be accepted by the Court of Agrarian Relations on lands within the purview of Presidential Decree Number 27.

2.         All pending ejectment cases in courts between tenant-farmers and landowners shall be held in abeyance upon petition of any party-litigant.

3.         As of October 21, 1972, tenant-farmers are deemed owners of the land they till subject to the provisions of the rules and regulations to be hereafter promulgated. Meantime, the leasehold system shall be provisionally maintained. The tenant-farmer shall continue to pay to the landowner the lease rentals for the time being, which, subject to the rules and regulations aforementioned may be later credited as amortization payments. In the event of any disagreement between the landowner and the tenant farmer as to the amount of rental to be paid, the Department of Agrarian Reform thru the Regional Director concerned shall provisionally fix the same taking as guide the applicable provisions of Section 34 of the Code of Agrarian Reforms and Presidential Decree No. 2 declaring the whole country as land reform areas, Presidential Decree No. 27 emancipating the tenant-farmers from the bondage of tenancy, Letters of Instructions Nos. 45, 46, & 54, Memorandum of the President dated November 25, 1972. However, should any of the parties disagree with the provisional rental, he may take the matter to the Court of Agrarian Relations for adjudication.

            No action shall be done to undermine or subvert the intent and provisions of the Presidential Decrees, Letters of Instructions, Memoranda and Directives, such as the following and/or similar acts:

a.         Division or subdivision of tenanted lands after October 21, 1972 except in cases where:

1.         The names of co-heirs or co-owners are stated in the certificate of title;

2.         There is a written partition agreement executed by the parties prior to October 21, 1972, in accordance with the formalities of law;   TCcSDE

3.         That division of the estate is pending in court whether testate or intestate proceedings at the time of promulgation of Presidential Decree No. 27.

b.         Change of crops from palay and/or corn to other crops like sugarcane, coconut, tobacco, etc., by the landowners, or by the tenant-farmers.

c.         Harassment of tenant-farmer by landowner through the filing of cases like trespassing, qualified theft; estafa, recovery possession, malicious mischief, grave threats, coercion, etc. Extreme caution shall be exercised by the officials concerned in dealing with such cases.

d.         Physical acts of dispossession like bulldozing of farm, demolition and/or burning of houses, illegal cutting of irrigation systems, manhandling, mauling, coercion, intimidation of duress, with the end in view of driving away the tenants from their farm-holdings.

e.         No tenant-farmer shall enlarge his tillage as of October 21, 1972.

f.          No person shall enter any untenanted rice and/or corn land in order to establish tenancy relationship without the consent of the landowner.

g.         Mortgaging tenanted and to a person, group of persons, associations, corporations and/or financial institution after October 21, 1972.

h.         Transfer of ownership after October 21, 1972, except to the actual tenant-farmer tiller. If transferred to him, the cost should be that prescribed by Presidential Decree No. 27.

            Whenever, necessary, after exhausting all remedies within your authority, you shall seek the assistance of the Provincial Commander concerned to enforce the directives contained in this Memorandum Circular.

            For effective updating of continuing policies and plans and programs, you are enjoined to submit as often as possible reports of all cases and activities mentioned in this Memorandum Circular on the actions taken or solutions made in the premises.   HIaTCc

            This supplements Memorandum Circular No. 2 (amended) dated June 18, 1973.

            Quezon City, June 19, 1973.

(SGD.) CONRADO F. ESTRELLA
Secretary

NOTE:   This amended Memorandum Circular has the signed concurrence of Executive Judge Artemio C. Macalino of the Court of Agrarian Relation for and in behalf of all CAR Judges.