Introduction

In the Philippines, agrarian reform has been a cornerstone of social justice initiatives since the post-colonial era, aiming to redistribute land to tenant farmers and address historical inequities in land ownership. The Department of Agrarian Reform (DAR) plays a pivotal role in this framework, overseeing the implementation of laws that protect tenant rights, particularly in disputed properties. This article explores the intricate legal landscape surrounding land tenant rights, the significance of DAR certifications, and their application in cases of disputed landholdings. Drawing from key legislation such as the Comprehensive Agrarian Reform Law (Republic Act No. 6657, as amended by Republic Act No. 9700), the Agricultural Tenancy Act (Republic Act No. 1199), and related jurisprudence, it examines the rights of tenants, the processes for certification, and the mechanisms for resolving disputes. Understanding these elements is crucial for tenants, landowners, and legal practitioners navigating the often contentious arena of agrarian disputes.

Historical and Legal Framework

The foundation of tenant rights in the Philippines traces back to the 1950s with the enactment of Republic Act No. 1199, the Agricultural Tenancy Act, which sought to regulate relations between landlords and tenants. This law established basic protections, including security of tenure, fair share in harvests, and the right to home lots. However, it was the 1988 Comprehensive Agrarian Reform Program (CARP) under Republic Act No. 6657 that expanded these rights dramatically, mandating the redistribution of agricultural lands to landless farmers and tenants.

Under CARP, as extended and amended by Republic Act No. 9700 (CARPER), tenants on agricultural lands are entitled to become beneficiaries of land reform if they meet specific criteria, such as being actual tillers of the land and lacking ownership of other agricultural properties. The DAR is empowered to issue Certificates of Land Ownership Award (CLOAs), Emancipation Patents (EPs), and other certifications that formalize tenants' rights to the land. These instruments are critical in disputed properties, where ownership claims may overlap due to historical titles, inheritance issues, or fraudulent transfers.

Disputed properties often arise from exemptions sought by landowners under Section 10 of RA 6657, which allows retention of up to five hectares per landowner, or conversions to non-agricultural uses under DAR Administrative Order No. 1, Series of 2002. Tenants in such scenarios can invoke their rights under the law to challenge these actions, emphasizing the principle of "land for the landless."

Tenant Rights in Agricultural Lands

Tenants in the Philippines enjoy a bundle of rights protected by both statutory law and the Constitution (Article XIII, Section 4, which mandates agrarian reform). Key rights include:

Security of Tenure

Tenants cannot be ejected from the land except for just causes enumerated in RA 1199 and RA 6657, such as non-payment of lease rentals, misuse of the land, or voluntary surrender. Even in disputed properties, tenants maintain possessory rights until a final judicial or administrative resolution.
In cases of land disputes, Republic Act No. 3844 (Agricultural Land Reform Code) provides that tenants shall not be dispossessed without due process. The Supreme Court in cases like Heirs of Dela Cruz v. Heirs of Cruz (G.R. No. 162890, 2005) has upheld that ejectment must be authorized by the DAR or courts, preventing self-help evictions by landowners.

Right to Fair Share and Compensation

Under the leasehold system (RA 3844), tenants are entitled to 70% of the net harvest after deducting expenses, shifting from the traditional share tenancy system. In disputed lands, if a landowner contests the tenancy, tenants can seek DAR intervention to enforce this sharing.
If land is acquired under CARP, tenants may receive just compensation for improvements made, such as irrigation or crops, as per DAR guidelines.

Right to Become Agrarian Reform Beneficiaries (ARBs)

Qualified tenants can apply for CLOAs, which grant ownership subject to a 10-year amortization period. In disputed properties, the DAR conducts identification and screening of beneficiaries under DAR Administrative Order No. 7, Series of 2003.
The law prioritizes tenants over other claimants, as seen in DAR v. DECS (G.R. No. 158791, 2006), where the Court affirmed that actual occupants and tillers have preferential rights.

Protection Against Conversion and Exemption

Landowners may seek to exempt lands from CARP coverage if they are used for livestock, poultry, or non-agricultural purposes, but tenants can protest such applications. DAR certifications are required to validate exemptions, and under RA 9700, conversions must not displace tenants without alternative livelihoods.
In disputed cases, the DAR's Provincial Agrarian Reform Adjudicator (PARAD) or the DAR Adjudication Board (DARAB) handles protests, ensuring tenants' rights are not violated.

Role of DAR Certifications in Disputed Properties

DAR certifications serve as prima facie evidence of land status and tenant rights, playing a crucial role in resolving disputes. The primary certifications include:

Certificate of Land Ownership Award (CLOA)

Issued to ARBs under CARP, CLOAs are registered with the Registry of Deeds and become indefeasible after one year, similar to Torrens titles (Section 24, RA 6657). In disputes, a CLOA holder has a strong claim against competing titles, as ruled in Heirs of Roman Soriano v. CA (G.R. No. 128177, 2001).
However, CLOAs can be canceled if obtained through fraud or if the beneficiary violates conditions like non-payment or abandonment.

Emancipation Patent (EP)

For lands under Presidential Decree No. 27 (1972), EPs are granted to tenants of rice and corn lands. These are absolute titles after full payment, and in disputes, they prevail over older titles unless proven invalid.

Certificate of Exemption or Retention

Landowners can obtain these to retain lands up to the allowable limit. Tenants in disputed properties can challenge them if they believe the land qualifies for redistribution. The DAR Secretary's decision on exemptions is appealable to the Office of the President or courts.

Certificate of Non-Coverage

For lands allegedly outside CARP scope (e.g., above 18% slope or non-agricultural). In Chamber of Real Estate and Builders Associations, Inc. v. Romulo (G.R. No. 160756, 2010), the Court clarified that such certifications must be based on factual determinations, and tenants can seek judicial review.

Agrarian Reform Beneficiary Identification and Certification

This process verifies tenants' eligibility. In disputes, DAR conducts field investigations, and falsified certifications can lead to administrative sanctions.

In disputed properties, certifications are often contested through petitions for cancellation or quieting of title. The DARAB has quasi-judicial powers under Executive Order No. 129-A to resolve such issues, with appeals to the Court of Appeals and Supreme Court.

Dispute Resolution Mechanisms

Disputes over tenant rights and DAR certifications are resolved through a multi-tiered system:

Administrative Level

The DAR's regional offices handle initial complaints, with the PARAD mediating tenancy disputes. If unresolved, cases go to the DARAB, which has exclusive jurisdiction over agrarian disputes (RA 6657, Section 50).

Judicial Intervention

While DARAB handles most cases, courts intervene in questions of grave abuse of discretion via certiorari (Rule 65, Rules of Court). The Supreme Court in Luz Farms v. Secretary of DAR (G.R. No. 86889, 1990) delineated that certain lands (e.g., livestock) are exempt, affecting tenant claims.
In criminal aspects, such as forcible entry or unlawful detainer, cases may go to Municipal Trial Courts, but agrarian elements require DAR certification of tenancy relationship.

Alternative Dispute Resolution

DAR encourages mediation and conciliation, as per DAR Administrative Order No. 3, Series of 2017, to expedite resolutions in disputed properties.

Challenges and Emerging Issues

Despite robust legal protections, tenants face challenges like landowner resistance, bureaucratic delays in DAR certifications, and land grabbing. Recent issues include the impact of climate change on agricultural viability, urban expansion leading to conversions, and the Saguittarius Mines, Inc. case illustrating conflicts with indigenous rights.

The COVID-19 pandemic highlighted vulnerabilities, with DAR issuing memoranda to suspend evictions. Emerging jurisprudence, such as in DAR v. Polo Coconut Plantation (G.R. No. 168787, 2008), emphasizes balancing tenant rights with economic development.

Conclusion

Land tenant rights and DAR certifications form the bedrock of agrarian justice in the Philippines, ensuring that disputed properties are resolved in favor of equitable distribution. Tenants must actively engage with DAR processes to secure their rights, while landowners are bound by procedural safeguards. As the nation continues to implement CARPER until its potential extension or reform, stakeholders must remain vigilant to uphold the constitutional mandate for social justice. Legal reforms may be needed to address gaps, but the existing framework provides comprehensive protections for those tilling the land.