Dear PAO,

My parents are cultivating an agricultural land owned by a certain family. Our family started to till the land when I was still young, and I am now 26 years of age. Recently, an heir of the landowner came and demanded from my parents to vacate the property. According to the heir, my parents violated the tenancy law because they abandoned the property for three months last year. My parents reasoned out that they left the property for a while because of drought, however, they returned to till the land when the rainy season started. By the way, the land is not yet irrigated and farming depends on rain. May I know if there is an abandonment in this instance?

Zelena

Dear Zelena,

Generally, a beneficiary under the Comprehensive Agrarian Reform Program (CARP) must possess willingness, aptitude, and ability to cultivate and make the land productive. He/she cannot make the land productive if he/she abandoned the same. Hence, abandonment can be a ground for termination of the tenancy relationship in accordance with Section 22 of Republic Act (RA) 6657, as amended, otherwise known as the Comprehensive Agrarian Reform Law of 1988, which provides that.

“xxx

“Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned their land are disqualified to become beneficiaries under this Program.

“A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the land as productive as possible. xxx” (Underscoring provided)

Yet, mere allegation of abandonment per se cannot extinguish the leasehold relationship. It is essential to prove the elements enumerated in Dela Cruz and Dela Cruz v. Cailles, GR 257980, June 26, 2024, which was penned by Supreme Court Justice Antonio Kho Jr. and reads:

“Nonetheless, the Court must be minded that to sustain a claim of abandonment to justify extinguishment of the leasehold relation, it is incumbent to prove the following: (a) a clear and absolute intention to renounce a right or claim or to desert a right or property; and (b) an external act by which the intention is expressed or carried into effect. The intention to abandon implies a departure, with avowed intent of never returning, resuming or claiming the right and the interest that have been abandoned. What is critical in abandonment is intent which must be shown to be deliberate and clear. Moreover, the intention must be exhibited by a factual failure or refusal to work on the landholding without a valid reason. Essentially, the act of ceasing from performing labor in the landholding is a manifestation of the intent to abandon, but the intent must also be shown as a separate element as clearly as the failure to work.” (Underscoring provided)

The high court went further and stated that:

“xxx, an intention to abandon consists in any one of these conditions: (a) failure to cultivate the lot due to reasons other than the non-suitability of the land to agricultural purposes, for at least two calendar years, and to pay amortizations for the same period; (b) permanent transfer of residence by the beneficiary and his family, which rendered him incapable of cultivating the lot; (c) relinquishment of possession of the lot for at least two calendar years and failure to pay amortization for the same period. xxx” (Underscoring provided)

Applying the above-quoted decision to your situation, the act of your parents in leaving the land for three months because of drought may not be equated with abandonment, which can be a ground for disqualification as a beneficiary under the CARP. There must be a clear and absolute intention to desert their right or property. Further, the failure to cultivate the land because of non-suitability for agricultural purposes must be for at least two calendar years. Thus, the claim of abandonment by the landowner’s heir as ground to extinguish the leasehold relationship may not prosper.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]