Land Retention Rights (Grp 26)

7/22/2019 Land Retention Rights (Grp 26)

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Land Retention RightsDAR ADMINISTRATIVE ORDER NO. 02-03

CRUZ, Christine Bernadette

De los Santos, Jairus


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Coverage

These rules and procedures shall apply to

ALLapplications for retention under PD27and RA 6657.
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P.D 27

In all cases, the landowner may retain an

area of not more than seven (7) hectaresif

such landowner is cultivating such area or

will now cultivate it;


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When was P.D 27 effective?

effective21 October 1972


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R.A 6657

in no caseshall retention by the landowner

exceed five (5) hectares.

Three(3) hectaresmay be awarded to

each child of the landowner, subject to the

following qualifications: (1) that he is at

least fifteen (15) years of age, and (2) that

he is actually tilling the land or directly

managing the farm;


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That landowners whose lands have been

covered by Presidential Decree No. 27

shall be allowed to keep the area originally

retained by them.

WHY?


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When was R.A 6657 effective?

effective 15 June 1988

Amended by R.A 9700----

effective 01 July 2009


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Can the lands be sold,

transferred, or conveyed? NO.

Provided that That those executed prior to this Act shall be

valid only when registered with RD within a

period of three (3) months after the effectivity

of this Act.

RD shall inform the DAR within thirty (30)

days of any transaction involving agricultural

lands in excess of five (5) hectares.


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Exception to RA 6657

Expropriation by LGU

for PUBLIC PURPOSES


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DOCUMENTARY

REQUIREMENTS


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What are the Documents

needed?1. LO who own lands of five (5) hectares or

less

2. LO who own lands more than five (5)

hectares+ Compulsary Acquistion

3. If the retention area was chosen by the

MARO

4. For untitled private agricultural lands


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five (5) hectares or less

CARP-LAD Form No. 13 (Request for

Certification of Retention)

Landowners affidavit of sole and

aggregate ownership of agricultural land

nationwide


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more than five (5) hectares+

Compulsary Acquistion

To determine if the right of retention was

exercised on time:

[ ] Notice of Coverage (NOC)

[ ] Proof of receipt of NOC to thelandowner or

[ ] Publication of NOC


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To determine if the applicant is the proper party to exercise the right

of retention:

[ ] Proof of Ownership

[ ] SPA , if the applicant is a representative of the landowner

[ ] Articles of Incorporation and/or Secretarys Certificate of

Authorization, if the applicant is a juridical person

[ ] Certified true copy of marriage certificate, prenuptial agreement,judicial decree of separation of property, if the exercise of retention

rights will touch on the landowner and his or her spouses property

regime

[ ] Sworn statement of personal cultivation and Barangay Agrarian

Reform Council (BARC) attestation to such fact, if the applicant is ahomestead grantee or is an heir of said grantee


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if the applicant is an heir of the landowner:

[ ] Death Certificate of the landowner

[ ] Birth Certificate of the applicant

And/plus [ ] A manifestation of the landowners

intention to exercise his right of retention prior

to 23 August 1990


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To determine the choice of area to be

retained and other matters:

[ ] Sketch map of the entire property

[ ] Sworn Application for Retention, which requires information on

the following:

Names of occupants on the land, their status, and the crops growing on the property Description of the parcels of land surrounding the chosen retention area, particularly the land

use, crops cultivated, productivity level, etc.

Complete list of children (if applicable), with copies of their birth certificates

Previous land sales where the applicant was a seller or buyer

Indicate where the area to be retained is located.

[ ] MAROs field verification and investigation report pertaining to

information alleged in the application for retention

[ ] Landowners affidavit of aggregate landholding nationwide


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If the retention area was chosen by

the MARO

NOC to and proof of receipt of NOC by the

landowner

MAROs field verification and investigation reportpertaining to the determination of aggregate

landholdings of the landowner, description of the

area chosen for retention, and identification of

occupants/tenants on the property

MAROs notice to the landowner of his chosen

retention area and proof of receipt of such notice


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For untitled private agricultural

lands CENRO (for administrative confirmation of

imperfect title ) or

Certification from the clerk of court (for

judicial confirmation of imperfect title) that

the titling process or proceeding has

commenced and there are no adverse

claimants


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For untitled land

must be a showing that (a) alienable and disposableland of public domain;

(b) that the one claiming ownership thereof or his predecessors-

in-interest- have been in OCENOof the property

(c) land is under bona fide claim of ownership since June 12,1945 or earlier.

If later than 12 June 1945, the occupation must be at least30

yearswhich must be counted from the time the land is declared

alienable and disposable

adeclarationby the DENR that the land is no longer intended for

public service or development of national wealth


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WHO MAY EXERCISE

RETENTION RIGHTS


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1. Any person, natural or juridical, who owns

agricultural lands with an aggregate area

of more than five (5) hectares may apply

for a retention area.


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This includes the husband or the wife as

regards their exclusive properties.

What if the land is conjugal property?

The law is SILENT whether ONE spouse

may validly apply for retention rights


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Exception/Limitation

A landowner who exercised his right of retention under

Presidential Decree (P.D.) No. 27 may no longer

exercise the same right under Republic Act (R.A.) No.

6657.

If he has other agricultural landsthat is, aside from his

retained area under P.D. No. 27 - he can opt to retain

five (5) hectares of these lands and the seven (7)

hectares previously retained by him under P.D. No. 27

shall be placed under the Comprehensive Agrarian

Reform Program (CARP).


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2. A landowner who owns five (5) hectares

or less of land which is not yet the subject

of CARP coverage based on the schedule

of implementation in Section 7 of R.A. No.6657, may also file an application for

retention.

A Certificate of Retentionwill be issuedin his favor.


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3. The right of retention of a deceased

landowner may be exercised by his heirs

provided that the decedent landowner,

during his lifetime, manifested his intentionto exercise his right of retention prior to 23

August 1990 (SC;Association of Small Landowners in thePhilippines, Inc. vs. The Honorable Secretary of Agrarian Reform)


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Period to Exercise

Right of Retentionunder RA 6657


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For lands five (5) hectares and below:

AUTOMATIC EXCLUSION from coverage

(hence there is no need to file an application for

retention).

In any case, the landowner may opt to

request for the issuance of a Certification of

Retention from the PARO.


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For lands of more than five (5) hectares

under Compulsory Acquisition (CA):

-LO shall choose his retained area

within 30/60 days from receipt of NOC or

date of publication of NOC.


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Failure to exercise the right to choose

within the prescribed period shall

constitute a waiver thereof. In which case

the DAR, through the MARO, shallautomatically choose for the landowner

his/her retention area.


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For landholdings under Voluntary Offer to

Sell (VOS), the landowner shall exercise

his right of retention simultaneously at the

time of the offer for sale of the subjectlandholding.


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SUMMARY

LANDHOLDING STATUS TIMELINESS

5 hectares or less GR: NO NEED except

for certain cases

More than 5 hectares 30/60 days

VOS

(Failure to exercise

constitutes a waiver)

Simultaneously at the

time of OFFER for SALE

of the subject

landholding


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Where to File Application

Regional Director or the Provincial

Agrarian Reform Officer (PARO)

MARO


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Waiver of the Right of

Retention


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Right of Retention is waived

when1. Failure to manifest an intention to exercise his right to

retain within sixty (60) calendar days from receipt of

notice of CARP coverage.

2. Failure to state such intention upon offer to sell or

application under the VLT/DPS scheme.

3. Execution of any document stating that he expressly

waives his right to retain. The MARO and/or PARO

and/or Regional Director shall attest to the due execution

of such document.4/ Execution of a Landowner Tenant Production Agreement

and Farmer's Undertaking (LTPA-FU) or Application to

Purchase and Farmer's Undertaking (APFU) covering

subject property.


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6.5. Entering into a VLT/DPS or VOS but failing to

manifest an intention to exercise his right to retain upon

filing of the application for VLT/DPS or VOS.

6.6. Execution and submission of any document

indicating that he is consenting to the CARP coverage ofhis entire landholding.

6.7. ESTOPPEL


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AWARD OF RETENTION AREA


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CRITERIA (PA2C-15)

private agricultural land;

compact and contiguousand least prejudicialto the entire landholding

and the majority of the farmers therein;

LO execute an affidavitas to the aggregate area of his landholding in the

entire Philippines; and

LO submit a list of his children who are fifteen (15) years old or over asof 15 June 1988 and who have been actually cultivating or directly

managing the farm since 15 June 1988 for identificationas preferred

beneficiaries, as well as evidence of such.

LO execute an affidavit stating the names of all farmers, agricultural

lessees and share tenants, regular farmworkers, seasonal

farmworkers, other farmworkers, actual tillers or occupants, and/or

other persons directly working on the land; if there are no such

persons, a sworn statement attesting to such fact.


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AREA allowed to be retained

by LO covered by PD 27DATE Area to be

retained

If filedbefore27

August 1985

7 hectares

If filed after27

August 1985

It depends

a. 7 hectares,

provided if he

complied with

LOI Nos. 41,

45, and 52.

b. 5 hectares if he

did not comply


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LIMITATIONS

Those who, as of 21 October 1972, owned more than

twenty-four (24) hectares of tenanted rice and corn

lands;

(b) Those who owned less than twenty-four (24)

hectares of tenanted rice and corn lands but additionallyowned:

other agricultural lands of more than seven (7) hectares, whether

tenanted or not, whether cultivated or not, and regardless of theincome derived therefrom,

lands used for residential, commercial, industrial, or other urban

purposes from which he derives adequate income to support

himself and his family.

AREA ll d b i d


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AREA allowed to be retained

by LO covered by RA 6657 The landowner has the right to choose the

area to be retained.

The area chosen for retention must be

compact and contiguous.

The retained area must not exceed five (5)

hectares.


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The five (5)-hectare retention limit applies

to all lands regardless of how acquired

(i.e. by purchase, award, succession,

donation) as the law does not distinguish.

WHAT DOES THIS MEAN?

U d DAR Ad i i t ti


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Under DAR Administrative

Orders

1. UnderPROPERTY REGIMES

2. Regarding RETENTION of HEIRS


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PROPERTY REGIMES

Coverage from family code Area to be retained

For marriages not covered by the

Family Code

not more than five (5) hectares if:

a. no agreement for the judicial

separation of property between them,

and

b. Their agricultural lands are allconjugal.

For marriages not covered by the

Family Code but either spouse or both

of them are landowners in their own

right

each of them may retain not more than

five (5) hectares, but the couples total

retention shall not exceed ten (10)

hectares

For marriages covered by the Family

Code

Same rules


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RETENTION OF HEIRS

Date of death Area to be retained

If LO died before 15 June 1988 and

the NOC was sent after his death

each of his compulsory heirs is entitled

to a maximum of five (5) hectares as

retention area.

If LO died after 15 June 1988 andwhose lands are covered under CARP

CARP are only entitled to the five (5)hectare retention area of the deceased

landowner


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Effects Of The Exercise Of

Retention Right. When RetainedArea is tenanted

A i T t d


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Area is Tenanted

the Tenant shall have the option to

choose:

1) whether to remain therein as lessee or

2) be a beneficiary in the same or anotheragricultural land

Tenant declines to enter


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Tenant declines to enter

leasehold no land to transfer

The tenant he may choose"

1) To be paid disturbance compensation

by agreement between the parties

taking into consideration the

improvements made on the land.

C ti t t b


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Compensation must not be:

1. Not less than five (5) times the average gross harvest on their

landholding during the last five (5) preceding calendar years

After Disturbance Compensation - Agreement

If the parties fail to agree on the amount of disturbancecompensation

Parties may file a petition fixing disturbance compensation to PARAB.

either party may file a petition for fixing disturbance compensationwith the appropriate Provincial Agrarian Adjudicator (PARAD).

petitioner must show proof that earnest efforts were exerted by the

parties to fix the amount of disturbance compensation, which efforts

proved unsuccessful,.

m a on o exerc s ng e


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m a on o exerc s ng eoption:

The tenant must exercise his option within

one (1) year

From when?


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1. From the time the landowner manifests

his choice of the area for retention

2. From the time the MARO has chosen

the area to be retained by the landowner

3. From the time an order is issued

granting the retention.

EFFECTS h t t


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EFFECTS when tenant

chooses to remain:

1. Shall be considered a leaseholder and

shall lose his right to be an Agrarian

Reform Beneficiary (ARB) under CARP.

2. Shall lose his right to be an Agrarian

Reform Beneficiary (ARB) under CARP


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Preemption and redemption

- shall apply the lessee.


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Responsibilities of the

Municipal Agrarian Reform

Officer(MARO)


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Determine

ownership

Conduct

verification

and

investigation

Notify

farmers re:

application

Identify

necessary

land

transfer

notificationIdentify LOwho waive

right to choose

and right of

retention

Prepare

retention

folder

Prepare

sketch plan

Preside

over

negotiation

Identify the

tenants


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Responsibilities of thePARO - Provincial Agrarian

Reform Officer


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1. Review and evaluate the report and recommendations submittedby the MARO.

2. Forward the same, together with his findings and

recommendations,

a) to the Regional Director for appropriate action. or

b) return the same to the MARO for appropriate action.

3. Upon the receipt of the Order of Approval from the Regional

Director, the PARO shall segregate the appropriate retained area in

coordination with the DENR.

4. Conduct the final survey of the area and draft a Certificate ofRetention

5 . Request the Register of Deeds to prepare two (2) separate titles:

(1) Landowner's title for the landholding

(2) Landowner's title for the retained area


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Responsibilities of the Regional

Director


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1. Review and evaluate the documents

submitted by the PARO. Issue an Order for

Approval or Denial 2. Forward the Order of Approval or Denial, as

the case may be to the PARO for distribution to

the concerned parties.

3. Forward copies of all orders of approvals or

denials to the BLAD(Bureau of Land Acquisition

and Distribution.

4. Issue a Certificate of Retention.

Decision of the Regional


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Decision of the Regional

Director The decision of the Regional Director

approving or disapproving the application

for retention shall become final after fifteen

(15) days from receipt of the decision,unless duly appealed to the DAR

Secretary pursuant to the Rules of

Procedure for Agrarian LawImplementation (ALI) cases.


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SAMPLE

DOCUMENTS


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END