Does a tenant have the right to be given land if the landowner sells the property?
In the Philippines, agricultural tenants have certain rights under Republic Act No. 3844, also known as the "Agricultural Land Reform Code," which provides protections for tenants working on agricultural land. However, when a landowner decides to sell the property, the question arises as to whether the tenant is entitled to be given or acquire the land they have worked on for many years.
Right of Pre-Emption and Redemption
Agricultural tenants may have the right to pre-emption and redemption, which allows them to purchase the land before it is sold to others. Under Section 11 of RA 3844, if the landowner intends to sell the land, the tenant has the right to pre-empt or buy the land at a reasonable price. This provision prioritizes the tenant as a buyer, allowing them to continue working the land they have tilled.
If the land is sold to a third party without giving the tenant the opportunity to buy it, the tenant may exercise the right of redemption. This means that they can reclaim the land by purchasing it from the buyer within 180 days from the date of registration of the sale.
Security of Tenure
Even if the land is sold, tenants cannot be evicted from the land they are cultivating. The law upholds the tenant's security of tenure, which means that they can continue farming the land despite a change in ownership, as long as they fulfill their obligations as tenants. The new owner cannot simply eject them without just cause, and their leasehold relationship remains intact under the new ownership.
Exemptions
However, there are some limitations. For instance, lands classified as non-agricultural, such as those intended for residential or industrial use, may not be covered under the same tenant rights. Additionally, tenants cannot exercise these rights if they are not classified as bona fide agricultural tenants as defined by law.
Conclusion
In summary, agricultural tenants in the Philippines have the right to either buy or redeem the land they have worked on if it is sold, provided they meet the legal qualifications. Their right to remain on the land and continue farming is also protected, even under new ownership. However, it is important to note that these rights are limited to tenants on agricultural land, and specific legal processes must be followed to ensure their enforcement.