Legal Rights to Government Aid After a Natural Disaster: Lessor vs. Lessee

---

[Letter to the Attorney]

Dear Attorney,

I hope this letter finds you well. I am writing to seek your advice on an important matter concerning government aid provided after a natural disaster. Specifically, in cases where the aid comes in the form of roofing materials (yero), who is entitled to receive such assistance for a rented property—the lessor (owner) or the lessee (tenant)?

The house in question sustained damages during a recent calamity. The lessee currently resides in the property and pays monthly rent, while the lessor owns the structure and land. Given that government aid is meant to help restore damaged properties and assist affected individuals, I am unsure who has the stronger claim to the materials provided.

Could you kindly clarify the relevant legal principles, guidelines, or jurisprudence governing this situation under Philippine law? I want to understand both the general rule and any exceptions that might apply.

Thank you for your assistance. I look forward to your response.

Sincerely,
A Concerned Citizen

---

Legal Article: "Who is Entitled to Government Aid for Housing Repairs: Lessor or Lessee?"

In the Philippines, natural disasters often leave significant damage to properties, resulting in the government's distribution of aid such as construction materials (e.g., roofing sheets or yero). A recurring question arises: when the property in question is rented, should the aid be directed to the lessor (property owner) or the lessee (tenant)?

Legal Framework Governing the Issue

The allocation of government aid after a natural disaster is guided by various laws, regulations, and principles, including the Civil Code of the Philippines, national disaster management policies, and jurisprudence.

1. Purpose of Government Aid
   The primary objective of government aid is to alleviate the hardships of those directly affected by a disaster. Aid in the form of construction materials aims to restore habitable living conditions. Thus, identifying the rightful recipient involves determining who will benefit most from the aid in achieving this purpose.

2. Ownership Rights of the Lessor (Article 428 of the Civil Code)
   Under Article 428 of the Civil Code, the lessor, as the owner of the property, has the right to enjoy and dispose of their property. This includes repairing, maintaining, or restoring the structure after damage. Aid for repairs directly relates to the ownership of the property.

3. Lessee’s Right to Possession and Enjoyment (Article 1654 and 1658 of the Civil Code)
   Article 1654 obligates the lessor to maintain the lessee in peaceful possession and enjoyment of the property. This duty includes ensuring that the property remains habitable.
   Conversely, Article 1658 provides the lessee with the right to make urgent repairs if the lessor fails to act promptly, with the cost deductible from the rent.

4. Government Aid Distribution Policies
   The guidelines for distributing government aid are typically determined by agencies such as the Department of Social Welfare and Development (DSWD). These rules prioritize residents (lessees) who are directly affected by the disaster. Lessees are often considered because they are the ones experiencing the immediate impact of the loss of habitable conditions.

Analysis: Determining the Entitlement

1. Lessor’s Perspective
   Since the lessor owns the structure, any permanent improvement or repair, including new roofing, inherently benefits the property owner. Without the repairs, the lessor risks depreciation of their property’s value and potential loss of income if the property becomes uninhabitable.
   From this perspective, aid in the form of roofing materials can reasonably be viewed as belonging to the lessor.

2. Lessee’s Perspective
   The lessee, on the other hand, occupies the property and suffers immediate hardship due to the damaged roof. In cases where the aid is intended to restore livable conditions for residents, it may be argued that the lessee should receive the aid, as they are the ones directly impacted.

Relevant Jurisprudence and Administrative Guidelines

1. Jurisprudence
   Philippine jurisprudence lacks specific precedent on the issue of aid distribution between lessor and lessee. However, analogous cases on the obligation to repair often highlight the lessor’s duty to maintain the property’s habitability under lease agreements.

2. DSWD Guidelines
   Current disaster-response guidelines focus on "beneficiaries," defined as those most affected by the disaster. This often includes lessees, provided they meet the requirements (e.g., residency in the affected property, proof of damage). However, the DSWD does not explicitly override property rights when distributing materials.

3. Local Government Ordinances
   In some instances, local governments may enact ordinances specifying aid allocation. For example, barangay or city-level disaster response programs may prioritize tenants, especially in cases of immediate housing needs.

Practical Considerations

In practice, the following scenarios may determine aid allocation:

1. Aid is Directed to the Lessee

   • If the aid is aimed at ensuring immediate shelter for the tenant.
   • If the lessee can prove residency and the lessor does not contest.
   • If the lessor has been unresponsive or refuses to address the property’s damages.

2. Aid is Directed to the Lessor

   • If the lessor actively participates in disaster-relief programs and can prove ownership and responsibility for repairs.
   • If the lessee has vacated the property or is not directly in need of housing assistance.
   • If the lease contract includes provisions placing repair responsibility on the lessee.

Recommendations and Best Practices

1. Clear Communication Between Lessor and Lessee
   Both parties should communicate to avoid conflicts over aid usage. The lessor might delegate the materials to the lessee for immediate repairs while maintaining legal ownership of the property.

2. Verification by Aid Providers
   Agencies distributing aid should verify the residency of claimants and the extent of their need, balancing ownership rights and practical impact.

3. Contractual Clarity
   Lease contracts should specify responsibility for repairs in the event of natural disasters to avoid disputes.

Conclusion

Under Philippine law, both lessors and lessees have valid claims to government aid depending on the circumstances. Generally, lessees are prioritized for aid distribution if the primary concern is immediate housing needs. However, the lessor, as the owner, retains rights to any permanent improvements made to their property. Coordination and adherence to administrative guidelines are crucial in determining the rightful recipient of aid.