THE Department of Agrarian Reform (DAR) issued an order providing protection to coconut farmers affected by natural calamities and insect infestation who are in danger of losing their landholdings for failing to pay lease rentals.
Signed by Agrarian Reform Secretary Virgilio R. de los Reyes, DAR Administrative Order 8 Series of 2014 prohibits the removal of a tenant-lessee from his or her farmholding due to nonpayment of lease rentals as a result of infestation by scale insects.
This is with the exception that such removal has been authorized or ordered by an appropriate body or court of law.
The order actually contains the supplemental rules and regulations for Administrative Order 2 Series of 2014 on leasehold operations in tenanted coconut lands affected by, among others, massive infestation of scale insects and natural calamities.
The supplemental rules and regulations apply to all tenanted landholdings for coconut and high-value crops that are cultivated under the coconut trees or near coconut plantations affected by scale insects. The order covers landholdings with or without a leasehold agreement.
According to a statement by the DAR, de los Reyes issued the order in view of the recent massive infestation of scale insects (aspidiotus rigidus or “cocolisap”), which poses a very serious threat to the economic condition and security of tenure of the tenants-lessees on coconut landholdings, as well as on other landholdings planted to high-value crops, such as coffee, cacao and mangosteen.
Likewise, many agrarian reform beneficiaries in coconut areas have been affected by Supertyphoon Yolanda, which devastated around 90 percent of coconut plantations in Central Philippines last year.
Nearly a year later, farmers in Bicol and Southern Tagalog reported a massive infestation of coconut scale insects. Many of these coconut areas are lands of public domain already covered by agrarian reform, while some are for distribution to landless farmers.
According to de los Reyes, a tenant-lessee may renegotiate for a new leasehold agreement with the landowner, specifying new terms and conditions of their relationship or arrangement particularly with respect to the payment of the lease rentals, planting of crops, and change of crop, if necessary, and upon mutual agreement.
Further, the affected tenant-lessee shall be allowed to cut and transport coconut trees, provided that the necessary permit shall be secured from the Philippine Coconut Authority, he said.
De los Reyes added that the net proceeds of the cut coconut trees, after deducting the cost of cutting and hauling and paid back to the party who shouldered said expenses, shall be divided between the tenant-lessee and landowner-lessor in a manner agreed by them.
He said this can be applied provided that in no case may the share of the tenant-lessee be less than 75 percent of the net proceeds.
“In case of disagreement, or if the landowner-lessor can no longer be located, the 75 percent to 25 percent ratio in favor of the tenant-lessee shall be imposed.”
Jonathan L. Mayuga