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AGRARIAN LAW RA 6657 WHEN CAN HE EXERCISE HIS RIGHT TO RETAIN?

a. Anytime before receipt of the notice of coverage


WHAT IS AGRARIAN REFORM? Sec. 3, RA 6657 b. Anytime before the landholding is subject to schedule of
Redistribution of lands implementation under CARP coverage;
Regardless of crops or fruits produced, c. If under the CA scheme, within 60 days from the receipt of
To farmers and regular farmworkers notice of coverage;
Irrespective of tenural arrangements, d. If under the VOS/VLT or DPS schemes, simultaneous with the
Including a totality of factors and support services offer to sell or transfer.
Designed to lift the economic status of the beneficiaries,
And all other arrangements alternative to physical WHAT ACTS/OMMISIONS CONSTITUTES THE WAIVER OF THE
redistribution of lands, EXERCISE OF RETENTION?
Such as production, profit-sharing, labor administration and
the distribution of shares of stocks, Under omission,
Which will allow beneficiaries to receive a. Failure to manifest his intent within 60 calendar days from
A just share of the fruits of the land they work. receipt of notice of coverage;
b. Failure to manifest such intent to exercise his right of
WHAT IS LAND REFORM? retention simultaneously upon application of the VLT/DPS
Under PD 27, land distribution restricting the scope of land schemes.
reform to tenanted private agricultural lands primarily
devoted to rice and corn lands operating under a system of VLT – if tenant chooses to be a beneficiary of another
share-crop or lease tenancy whether classified as landed landholding of the same owner with the same or similar
estate or not. and set the retention limit at 7 hectares. comparable features.

COVERAGE OF RA 6657 VS. PD 27 Under acts,


ALL agricultural lands vs. Private agricultural lands (primarily c. Execution of document expressly waiving the right of
devoted to rice and corn) retention duly attested by MARO/PARO or Regional Director;
Retention limits: 5 hectares vs. 7 hectares d. Execution of a Landowner Tenant Production Agreement and
Farmer’s Undertaking (LTPA-FU) and Application to Purchase
WHAT ARE AGRICULTURAL LANDS? and Farmer’s undertaking (APFU) covering the subject
All lands devoted to agricultural activity, and are not classified property.
as mineral, forest, residential, commercial or industrial land. e. Entering into a VLT/DPS or VOS but failure to manifest the
intention to exercise his right retain such area upon filing of
WHAT ARE AGRARIAN DISPUTES? such applications.
Any controversy relating to tenurial arrangements (leasehold, f. Execution and submission of any document indicating that he
tenancy, stewardship, or otherwise) over lands devoted to is consenting to the CARP coverage of his entire landholding.
agriculture, g. Performing any act constituting estoppel by laches which is
Including disputes concerning farmworkers, associations or failure or neglect for an unreasonable length of time to do
representation of persons in which he may have done earlier by exercising due diligence,
Negotiating, fixing, maintaining, changing or seeking to warranting a presumption that he abandoned his right or
arrange the terms and conditions of such tenurial decline to assert it.
arrangements.
WHO MAY FILE FOR A CERTIFICATE OF RETENTION? (3)
AO NO. 1 – NOTICE OF COVERAGE a. Any person, natural or juridical, who owns an
agricultural land with an aggregate of more than 5
Is Notice of Coverage mandatory? hectares;
NO. Only issued when there is landowner resistance, during b. A landowner who owns 5 hectares or less, which are
acquisition of private agricultural lands. (invoking the ground not yet subject to the schedule of implementation of
of lack of notice or non-observance of due process) CARP;
- MARO (as to execution) c. The heirs of a deceased landowner, upon showing of
proof that the landowner had manifested during his
AO NO. 2 – RETENTION RIGHTS lifetime to exercise his right of retention over the
landholding prior to 8/23/1990.
MAY THE LANDOWNER CHOOSE THE AREA TO BE RETAINED?
YES. The landowner may choose the area to be retained, WHERE TO FILE?
provided it is compact and contiguous, and shall be the least At any PARO/ office of the Regional Director, which
prejudicial to the entire landholdings and the majority of applications shall be forwarded to the MARO who has
farmers therein. jurisdiction over the landholding after assigning a docket
number.
d. Original homestead grantees/ direct compulsory heirs who
WHAT ARE THE OBLIGATIONS OF THE LANDOWNER OVER still own the original homestead at the time of approval of PD
THE RETAINED LANDS? (5) 6657 – to retain the same area so long as they continue to
a. To cultivate the land directly or thru labor cultivate the same.
administration e. Spouses who married under the NCC (1950)
b. To make it productive  If conjugal property (w/o judicial separation of
c. To respect the security of tenure of the farmers or property agreements) – 5 hectares (total)
farmworkers on the land prior to the approval of RA  If each or both has (capital and/or paraphernal
6657 property) – 5 hectares each but exceeding 10
d. To retain the actual tenant farmers in the hectares
landholdings
e. To register within 3 months after 6/15/1988 all f. Spouses who married under FC (8/3/1988)
transactions such as sale,disposition,lease or transfer  If without judicial separation of property agreements – 5
with the RD to be valid. hectares only
 If with judicial separation of property agreements – 5
WHAT ARE THE CRITERIA FOR THE AWARDS OF RETENTION? hectares each
(5)
WHAT ARE THE OPTIONS OF THE TENANT IN CASE HE
a. The land is a private agricultural land OCCUPIES THE LAND RETAINED?
b. The area is compact and contiguous, and the least  To be a lessee
prejudicial to the entire landholding and the majority  Or to be a beneficiary of the same or another agricultural
of farmers therein land with similar or comparable features
c. Landowner to execute an affidavit as to the (choosing 1 shall lose the other)= alternative condition?
aggregate area of his landholding in the entire
Philippines WHEN IS DISTURBANCE COMPENSATION (DC) PAID by the
d. Landowner to submit a list of his children which are landowner TO THE TENANT?
at least 15 y.o. and above, who are actually cultivating a. If tenant declined to enter into a leasehold
the land or directly managing the farm since b. No available land to transfer
6/15/1988 for identification of the preferred c. Tenant refuses the land for his transfer
beneficiaries, as well as evidence thereof.
e. Landowner to execute an affidavit stating the names HOW MUCH IS THE DISTURBANCE COMPENSATION?
of all farmers, agricultural lessees and share tenants, Depends on the agreement of the parties, taking into
regular farmworkers, seasonal farmworkers, other consideration the improvements made on the land.
farmworkers, actual tillers or occupants, and/or other The amount shall be at least 5x the average gross harvest on
persons directly working on the land; if there are no their landholding during the last 5 years preceding the
such persons, a sworn statement attesting to such calendar years pursuant to RA 3844 as amended by RA 6389.
fact.
IN WHAT FORMS MAY THE DC BE PAID?
WHO ARE THE BENEFICIARIES? (AO NO. 4)
According to priority (ARSOACO)  Cash or
Agricultural lessees and share tenants  Kind (some or all mixtures of housing, homelots,
Regular farmworkers employment and/or other benefits) or
Seasonal farmworkers  Combination of cash and kind
Other farmworkers
Actual tillers and occupants MAY THE TENANT BE EJECTED FROM THE LANDHOLDING IF
Cooperatives, xxx NO DC WERE AGREED UPON?
Other persons directly working on the land NO. Any tenant may not be ejected without payment of a DC,
and proof of payment submitted to MARO. In case of
WHAT IS THE AREA THAT MAYBE RETAINED? disagreement, either party may file a petition for fixing a DC to
the appropriate PARAD.
a. LO covered by PD 27 – 7 hectares (subject to exceptions)
b. LO covered by PD 6657 – 5 hectares WHEN SHOULD THE TENANT EXERCISE HIS OPTIONS?
c. If with children (at least 15 y.o. who are actually cultivating or Within 1 year, from:
directly managing the farm– 3 hec. Each a. The time the LO manifests his choice of area of
 Up to the filing of the retention retention; or
 Up to the time of acquisition of the landholding b. MARO chose the area; OR
under the CARP c. The time an order is issued granting the retention.
WHO MAY HANDLE DC FIXING DISPUTES? YES, any person may file a written protest against the
a. PARAD application within 30 days from posting of the requisite
b. RARAD billboard or within 15 days from conduct of ocular inspection,
c. DARAB whichever is later.

FILING FOR EXEMPTION FROM CARP COVERAGE WHERE SHOULD PROTEST BE FILED?
Office of PARO or CLUPPI-2 as the case may be, having
WHEN SHOULD THE APPLICATION ON EXEMPTION BE FILED? jurisdiction over the property.
Within 60 days from receipt of notice of coverage, if
applicable. WHAT ARE THE GROUNDS FOR PROTEST?
a. Landholding is classified as within the agricultural zone based
WHAT ARE THE REQUIREMENTS FOR FILING OF EXEMPTION on the zoning ordinance or comprehensive land use plan of the
CLEARANCE? LGU approved by HLURB
a. SPA if applicant is not the registered owner nor one of the b. Subject property has been covered by Operation Land Transfer
co-owners of the property under PD 27.
b. Notarized Sec. Cert. of the corp. or cooperative,
authorizing the applicant’s representative to file the WHAT IS AGRICULTURAL LEASEHOLD CONTRACT? (PD 3844 –
Sworn Application for CARP Exemption + latest notarized Land Reform Code)
GIS A formal tenurial agreement reduced into writing between a
c. True copy of the original COT or TCT of the subject land, lessor-landholder and lessee-farmer where the former
certified by the RD not earlier than 30 days prior to the consents to the latter’s personal cultivation in consideration
application filing date. from a fixed rental either in money or produce or both.
In case of untitled land,
a. Certification from DENC Cenro – classified as A&D WHO IS AN AGRICULTURAL LESSEE?
b. Certification from DENC Centro – for admin. Confirmation of One who by himself and with the aid available from within his
title or Clerk of Court (for judicial confirmation of title) that the immediate farm household, cultivates the land belonging to or
titling process has commenced and there are no adverse possessed by another, with the latter’s consent, for purposes
claimants; of production, for a price certain in money or in produce or
c. Land Classification certification either from HLURB, DENR both.
Mines and Geosciences Bureau, LGU, NIA, as the case may be.
d. Certification from MARO re public notice requirement WHEN IS THERE AN AGRICULTURAL LEASEHOLD RELATION?
compliance By operation of law
e. Photographs of the subject land
f. Proof of receipt of payment of DC, or valid agreement to pay WHO MAYBE CONSIDERED AS THE LESSOR?
or waive payment of the same The person who furnishes the landholding, either as an owner,
g. Affidavit/Undertaking in a single document stating: civil law lessee, usufructuary or legal possessor
 The number and names of qualified beneficiaries, or
 The applicant has erected a billboard required WHAT IS THE EFFECT OF AN AGRICULTURAL LEASEHOLD
 That he has not committed any forum shopping CONTRACT?
 That when there is a dispute on the DC, the applicant Provides security of tenure to a leasehold lessee on his
shall abide with the decision of the adjudicating authority landholding and cannot be ejected therefrom unless
authorized by Court for causes provided under RA 3844.
WHO ARE THE APPROVING AUTHORITIES FOR EXEMPTION?
Regional Director (RCLUPPI recommendation) – for properties WHEN MAY THE LEASEHOLD CONTRACT BE EXTINGUISHED?
with area less or equal to 5 hectares a. Abandonment of the landholding without knowledge of the
ALessor
Secretary (CLUPPI-2 recommendation) – for properties with b. Voluntary surrender of the landholding by the Alessee,
area larger than 5 hectares written notice at least 3 months in advance
c. Absence of persons to succeed to the lessee, in case of death
MAY A CONDITIONAL EXEMPTION ORDER BE GRANTED? or permanent incapacity
YES, subject to the applicant’s/landowner’s posting of bond, as
determined by the Adjudicator. WHAT IS THE RIGHT OF PRE-EMPTION?
Provided, the property applied for exemption shall not be In case the ALessor decides to sell the landholding, the ALessee
developed for non-agricultural purposes until the finality of shall have the preferential right to buy the same under
the exemption order. reasonable terms and conditions, provided that:
 The entire landholding must be pre-empted by the
MAY A PROTEST OF EXEMPTION BE FILED? Land Authority if the landowner so desires;
 When there are 2 or more ALessees