Dear PAO,

My father and I have been the long-standing tenants of an agricultural land owned by the Ventura family. The said family promised that if they will sell their land, they will first offer it to us. However, sometime last month, I discovered that the land was sold to another buyer. Can we nullify the sale and redeem the land? If so, where can we bring our action?

Maria Clara

Dear Maria Clara,

The answer to your query can be found in Sections 11 and 12 of Republic Act (RA) 3844, as amended by RA 6389, otherwise known as the Code of Agrarian Reforms of the Philippines, which state that:

“Sec. 11. Lessee’s Right of Pre-emption. – In case the agricultural lessor decides to sell the landholding, the agricultural lessee shall have the preferential right to buy the same under reasonable terms and conditions: xxx

“Sec. 12. Lessee’s right of Redemption. – In case the landholding is sold to a third person without the knowledge of the agricultural lessee, the latter shall have the right to redeem the same at a reasonable price and consideration. xxx”

As tenants, you and your father are granted, under the Code of Agrarian Reforms of the Philippines, the rights of pre-emption and redemption. The right of pre-emption gives you the preferential right to buy the landholding should the landowner decide to sell it. On the other hand, the right of redemption entitles you to redeem the land from the buyer if it was sold without your knowledge.

In the instant case, since the landholding was sold to a third party without your knowledge and consent, you and your father may exercise your right to redeem the property at a reasonable price and consideration. For this purpose, you may file an action for the nullification of the previously executed sale in favor of a third party and redeem the property by tendering the actual price to which the property was sold.

Pursuant to Section 50 of RA 6657, as amended by RA 9700, the Department of Agrarian Reform (DAR) is vested with the “primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).”

Moreover, in Sarne vs. Hon. Maquiling, GR 138839, 09 May 2002, Honorable Associate Justice Reynato S. Puno, the Supreme Court elaborated on the meaning of the phrase “agricultural lands under the coverage of the CARP,” as follows:

“It is clear that the jurisdiction of the DARAB in this case is anchored on Section 1, paragraph (e), Rule II of the DARAB New Rules of Procedure covering agrarian disputes involving the sale, alienation, mortgage, foreclosure, preemption and redemption of agricultural lands under the coverage of the CARP or other agrarian laws. There is nothing in the provision from which it can be inferred that the jurisdiction of the DARAB is limited only to agricultural lands under the administration and disposition of DAR and LBP. We should not distinguish where the law does not distinguish. The phrase ‘agricultural lands under the coverage of the CARP’ includes all private lands devoted to or suitable for agriculture, as defined under Section 4 of R.A. No. 6657. It is worthy to note that in the enumeration defining the DARAB’s jurisdiction, it is only in paragraph (c), that is, cases involving the annulment or cancellation of lease contracts or deeds of sale or their amendments involving lands, that the phrase ‘involving lands under the administration and disposition of the DAR or LBP’ is used. That the same proviso does not appear in paragraph (e), which is the basis of respondents’ cause of action, could only mean that it was never intended to be so limited. More importantly, the right to redeem is one of the rights granted to persons engaged in the cultivation and use of agricultural lands covered by the CARP and other agrarian laws. Jurisdiction over agrarian disputes involving these rights is also expressly vested in the DARAB under Section 1, paragraph (a) of the Rules. The DARAB was therefore correct in taking cognizance of the instant complaint for redemption, it being a case concerning the rights of respondents as tenants on agricultural land.”

Therefore, your action to nullify the sale with the third party and the exercise of your right of redemption may be filed with the Department of Agrarian Reform Adjudication Board (DARAB).

We hope that we are able to answer your queries. This advice is 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.

We appreciate your 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]