ORMOC CITY, Philippines - — The Department of Agrarian Reform issued guidelines for all tenants of coconut landholdings that have been affected by natural disasters.
Administrative Order No. 2 which was introduced on Feb. 26, published on Mar. 4 and will take effect 10 days thereafter, seeks to improve the economic condition of the agricultural lessees-tenants on coconut lands devastated by calamities such as super typhoon Yolanda.
Eliasem Castillo, DAR regional director, made it clear during a press conference last Mar. 11 that no tenant shall be ejected due to the non-payment of lease rentals as a result of such devastation.
"Based on AO 2, a tenant-lessee shall negotiate a new leasehold agreement with the landowner." The same order also states that the tenancy relationship has been extinguished by a fortuitous event.
A fortuitous event refers not only to event that is unforeseeable, but also that which is foreseeable but inevitable. It may be an act of God or natural occurrence such as flood or typhoon, or an act of man such as riot, strike or war.
DAR consultant Augusto Quijano stressed that an affected tenant-lessee shall be allowed to cut and transport coconut trees. "The Philippine Coconut Authority in its Memorandum Circular No. 05 series of 2013 allows them, provided that the necessary permit is complied with pursuant to RA 10593." The tenant-lessee should also observe the existing policies, rules and regulations.
AO 2 also specifies the 75-25 percent sharing scheme in favor of the tenant- lessee after all cost deductions are applied in the processing of the coconut lumbers, from cutting to hauling.
Planting temporary crops are also allowed during the rehabilitation period of coconut trees or when production has not yet attained its average normal harvest. /JMD (FREEMAN)