Question: If a landowner sells their land, does a tenant who has worked the land for nearly 50 years have the right to be given a portion of the land, or what benefits may the tenant receive?
In the Philippines, the rights of agricultural tenants are safeguarded by various laws, particularly under the Comprehensive Agrarian Reform Law (CARL) of 1988 (Republic Act No. 6657) and the Agricultural Tenancy Act of the Philippines (Republic Act No. 1199).
Security of Tenure
One of the fundamental rights of an agricultural tenant is security of tenure. This means that as long as the tenant continues to work the land and fulfills their obligations, they cannot be ejected from the land, even if the land is sold or transferred to another owner. The new owner is bound by law to respect the tenancy relationship, ensuring that the tenant remains on the land under the same terms and conditions as before.
Right of Pre-emption and Redemption
Under the law, tenants also have the right of pre-emption and redemption. The right of pre-emption allows the tenant to be given the first option to purchase the land if the landowner decides to sell it. If the land is sold to another buyer without giving the tenant this option, the tenant has the right of redemption. This means the tenant can buy the land from the new owner at the same price within a specified period.
Just Compensation
In cases where the land is reclassified or used for a purpose other than agriculture (e.g., converted into a commercial or residential area), and the tenant is compelled to leave, the tenant is entitled to just compensation. This compensation is intended to cover the tenant’s loss of livelihood and may include the value of improvements made on the land, such as the cultivation of crops and other agricultural investments.
Eligibility for Land Ownership
Under the Comprehensive Agrarian Reform Program (CARP), qualified tenants may be eligible to receive a portion of the land they till. However, this depends on several factors, including the classification of the land, the size of the landholding, and whether the land has been subjected to agrarian reform. If the land falls within the scope of CARP and the tenant meets the eligibility requirements, the tenant could potentially be awarded the land or a portion of it under the program.
Conclusion
In summary, tenants have several protections and potential benefits if the land they have been working is sold. These include the right to remain on the land under the same conditions, the right of pre-emption and redemption, eligibility for land ownership under CARP, and entitlement to just compensation if displaced. The exact benefits will depend on the specific circumstances surrounding the sale and the classification of the land.