Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 9 S. 1991)
The main purpose is to provide rules and procedures on leasehold operations in tenanted coconut lands, supplementing DAR Administrative Order No. 4, Series of 1989, particularly addressing the peculiar characteristics of tenurial and working relationships in coconut lands.
These rules apply to all tenanted coconut lands, including areas retained by the landowners and those not yet acquired for distribution pursuant to RA 6657.
The requisites include: parties being landowner and tenant; consent by the landowner for tenant to work the land; agricultural nature of the land; purpose is agricultural production; personal cultivation by the tenant; and sharing of harvests or lease rental in money or produce.
Cultivation includes plowing, harrowing, husbanding the ground, taking care of the land and fruits, fencing, clearing, and specifically the periodic cleaning of coconut plantations to improve production.
No, the change to other agricultural purposes or indiscriminate cutting of coconut trees does not affect the tenant-lessee's security of tenure.
Lease rentals shall be paid in an amount certain in money, produce, or both, as agreed upon by the parties, with the DAR encouraging payment in kind to cushion fluctuating prices.
Generally, the average normal harvest of the three agricultural years immediately before establishing leasehold or as of June 15, 1988; parties may alternatively agree to use one year immediately before that date.
If crop failure affects 75% or more as certified by the Department of Agriculture, lease rental shall not exceed 25% of the average gross harvest (after deductions), until recovery and reestablishment of normal harvest.
Allowable deductions include costs of harvesting (picking and piling), loading and hauling, and processing (husking, splitting, scooping, and drying).
Intercrops may be planted in spaces between coconut trees with agreement of parties; the lease rental for intercrops is computed under Administrative Order No. 4, 1989, either forming part of the existing leasehold or under a separate contract.
The existing leasehold contract can be suspended upon the leaseholder's request; a new lease rental may be computed in proportion to the reduction in production or effect of replanting.
It took effect ten (10) days after its publication in two national newspapers of general circulation.