Reviewer: Agrarian Law (Part 1)
Execution of document expressly waiving the right
AGRARIAN LAW RA 6657
WHAT IS AGRARIAN REFORM? Sec. 3, RA 6657
 Redistribution of lands
 Regardless of crops or fruits produced,
 To farmers and regular farmworkers
 Irrespective of tenural arrangements,
 Including a totality of factors and support
services
 Designed to lift the economic status of the
beneficiaries,
 And all other arrangements alternative to
physical redistribution of lands,
 Such as production, profit-sharing, labor
administration and the distribution of shares of
stocks,
 Which will allow beneficiaries to receive
 A just share of the fruits of the land they work.
WHAT IS LAND REFORM?
Under PD 27, land distribution restricting the scope of
land reform to tenanted private agricultural lands
primarily devoted to rice and corn lands operating under
a system of share-crop or lease tenancy whether
classified as landed estate or not. and set the retention
limit at 7 hectares.
COVERAGE OF RA 6657 VS. PD 27
ALL agricultural lands vs. Private agricultural lands
(primarily devoted to rice and corn)
Retention limits: 5 hectares vs. 7 hectares
WHAT ARE AGRICULTURAL LANDS?
All lands devoted to agricultural activity, and are not
classified as mineral, forest, residential, commercial or
industrial land.
WHAT ARE AGRARIAN DISPUTES?
 Any controversy relating to tenurial arrangements
(leasehold, tenancy, stewardship, or otherwise)
over lands devoted to agriculture,
 Including disputes concerning farmworkers,
associations or representation of persons in
 Negotiating, fixing, maintaining, changing or
seeking to arrange the terms and conditions of
such tenurial arrangements.
AO NO. 1 – NOTICE OF COVERAGE
Is Notice of Coverage mandatory?
NO. Only issued when there is landowner resistance,
during acquisition of private agricultural lands.
(invoking the ground of lack of notice or non-
observance of due process)
- MARO (as to execution)
AO NO. 2 – RETENTION RIGHTS
MAY THE LANDOWNER CHOOSE THE AREA TO BE
RETAINED?
YES. The landowner may choose the area to be retained,
provided it is compact and contiguous, and shall be the
least prejudicial to the entire landholdings and the
majority of farmers therein.
WHEN CAN HE EXERCISE HIS RIGHT TO RETAIN?
a. Anytime before receipt of the notice of coverage
b. Anytime before the landholding is subject to
schedule of implementation under CARP coverage;
c. If under the CA scheme, within 60 days from the
receipt of notice of coverage;
d. If under the VOS/VLT or DPS schemes,
simultaneous with the offer to sell or transfer.
WHAT ACTS/OMMISIONS CONSTITUTES THE
WAIVER OF THE EXERCISE OF RETENTION?
Under omission,
a. Failure to manifest his intent within 60 calendar
days from receipt of notice of coverage;
b. Failure to manifest such intent to exercise his right
of retention simultaneously upon application of the
VLT/DPS schemes.
VLT – if tenant chooses to be a beneficiary of another
landholding of the same owner with the same or similar
comparable features.
Under acts,
c.
of retention duly attested by MARO/PARO or Regional
Director;
d. Execution of a Landowner Tenant Production
Agreement and Farmer’s Undertaking (LTPA-FU) and
Application to Purchase and Farmer’s undertaking
(APFU) covering the subject property.
e. Entering into a VLT/DPS or VOS but failure to
manifest the intention to exercise his right retain such
area upon filing of such applications.
f. Execution and submission of any document
indicating that he is consenting to the CARP coverage of
his entire landholding.
g. Performing any act constituting estoppel by laches
which is failure or neglect for an unreasonable length of
time to do which he may have done earlier by exercising
due diligence, warranting a presumption that he
abandoned his right or decline to assert it.
WHO MAY FILE FOR A CERTIFICATE OF RETENTION?
(3)
a. Any person, natural or juridical, who owns an
agricultural land with an aggregate of more than 5
hectares;
b. A landowner who owns 5 hectares or less, which
are not yet subject to the schedule of implementation of
CARP;
c. The heirs of a deceased landowner, upon showing
of proof that the landowner had manifested during his
lifetime to exercise his right of retention over the
landholding prior to 8/23/1990.
WHERE TO FILE?
At any PARO/ office of the Regional Director, which
applications shall be forwarded to the MARO who has
jurisdiction over the landholding after assigning a
docket number.
WHAT ARE THE OBLIGATIONS OF THE LANDOWNER
OVER THE RETAINED LANDS? (5)
a. To cultivate the land directly or thru labor
administration
b. To make it productive
c. To respect the security of tenure of the farmers or
farmworkers on the land prior to the approval of RA
6657
d. To retain the actual tenant farmers in the
landholdings
e. To register within 3 months after 6/15/1988 all
transactions such as sale, disposition, lease or transfer
with the RD to be valid.
WHAT ARE THE CRITERIA FOR THE AWARDS OF
RETENTION? (5)
a. The land is a private agricultural land
b. The area is compact and contiguous, and the least
prejudicial to the entire landholding and the majority of
farmers therein
c. Landowner to execute an affidavit as to the
aggregate area of his landholding in the entire
Philippines
d. Landowner to submit a list of his children which
are at least 15 y.o. and above, who are actually
cultivating the land or directly managing the farm since
6/15/1988 for identification of the preferred
beneficiaries, as well as evidence thereof.
e. Landowner to 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.
WHO ARE THE BENEFICIARIES?
According to priority (ARSOACO)
 Agricultural lessees and share tenants
 Regular farmworkers
 Seasonal farmworkers
 Other farmworkers
 Actual tillers and occupants
 Cooperatives, xxx
 Other persons directly working on the land
WHAT IS THE AREA THAT MAYBE RETAINED?
a) LO covered by PD 27 – 7 hectares (subject to
exceptions)
b) LO covered by PD 6657 – 5 hectares
c) If with children (at least 15 y.o. who are actually
cultivating or directly managing the farm) – 3 hec. each
- Up to the filing of the retention
- Up to the time of acquisition of the landholding
under the CARP
d) Original homestead grantees/ direct compulsory
heirs who still own the original homestead at the time
of approval of PD 6657 – to retain the same area so long
as they continue to cultivate the same.
e) Spouses who married under the NCC (1950)
- If conjugal property (w/o judicial separation of
property agreements) – 5 hectares (total)
- If each or both has (capital and/or paraphernal
property) – 5 hectares each but exceeding 10 hectares
f) Spouses who married under FC (8/3/1988)
- If without judicial separation of property
agreements – 5 hectares only
- If with judicial separation of property agreements
– 5 hectares each
WHAT ARE THE OPTIONS OF THE TENANT IN CASE
HE OCCUPIES THE LAND RETAINED?
- To be a lessee
- Or to be a beneficiary of the same or another
agricultural land with similar or comparable features
(choosing 1 shall lose the other)= alternative condition?
WHEN IS DISTURBANCE COMPENSATION (DC) PAID
by the landowner TO THE TENANT?
a. If tenant declined to enter into a leasehold
b. No available land to transfer
c. Tenant refuses the land for his transfer
HOW MUCH IS THE DISTURBANCE COMPENSATION?
Depends on the agreement of the parties, taking into
consideration the improvements made on the land.
The amount shall be at least 5x the average gross
harvest on their landholding during the last 5 years
preceding the calendar years pursuant to RA 3844 as
amended by RA 6389.
IN WHAT FORMS MAY THE DC BE PAID?
(AO NO. 4)
- Cash or
- Kind (some or all mixtures of housing, homelots,
employment and/or other benefits) or
- Combination of cash and kind
MAY THE TENANT BE EJECTED FROM THE
LANDHOLDING IF NO DC WERE AGREED UPON?
NO. Any tenant may not be ejected without payment of a
DC, and proof of payment submitted to MARO. In case of
disagreement, either party may file a petition for fixing
a DC to the appropriate PARAD.
WHEN SHOULD THE TENANT EXERCISE HIS
OPTIONS?
Within 1 year, from:
a. The time the LO manifests his choice of area of
retention; or
b. MARO chose the area; OR
c. The time an order is issued granting the retention.
WHO MAY HANDLE DC FIXING DISPUTES?
a. PARAD
b. RARAD
c. DARAB
FILING FOR EXEMPTION FROM CARP COVERAGE
WHEN SHOULD THE APPLICATION ON EXEMPTION
BE FILED?
Within 60 days from receipt of notice of coverage, if
applicable.
WHAT ARE THE REQUIREMENTS FOR FILING OF
EXEMPTION CLEARANCE?
a. SPA if applicant is not the registered owner nor
one of the co-owners of the property
b. Notarized Sec. Cert. of the corp. or cooperative,
authorizing the applicant’s representative to file the
Sworn Application for CARP Exemption + latest
notarized GIS
c. True copy of the original COT or TCT of the subject
land, certified by the RD not earlier than 30 days prior
to the application filing date.
In case of untitled land,
a. Certification from DENC Cenro – classified as A&D
b. Certification from DENC Centro – for admin.
Confirmation of title or Clerk of Court (for judicial
confirmation of title) that the titling process has
commenced and there are no adverse claimants;
c. Land Classification certification either from
HLURB, DENR Mines and Geosciences Bureau, LGU, NIA,
as the case may be.
d. Certification from MARO re public notice
requirement compliance
e. Photographs of the subject land
f. Proof of receipt of payment of DC, or valid
agreement to pay or waive payment of the same
g. Affidavit/Undertaking in a single document
stating:
- The number and names of qualified beneficiaries,
or
- The applicant has erected a billboard required
- That he has not committed any forum shopping
- That when there is a dispute on the DC, the
applicant shall abide with the decision of the
adjudicating authority
WHO ARE THE APPROVING AUTHORITIES FOR
EXEMPTION?
Regional Director (RCLUPPI recommendation) – for
properties with area less or equal to 5 hectares
Secretary (CLUPPI-2 recommendation) – for properties WHO MAYBE CONSIDERED AS THE LESSOR?
with area larger than 5 hectares
The person who furnishes the landholding, either as an
MAY A CONDITIONAL EXEMPTION ORDER BE owner, civil law lessee, usufructuary or legal possessor
GRANTED?
WHAT IS THE EFFECT OF AN AGRICULTURAL
YES, subject to the applicant’s/landowner’s posting of LEASEHOLD CONTRACT?
bond, as determined by the Adjudicator.
Provides security of tenure to a leasehold lessee on his
Provided, the property applied for exemption shall not landholding and cannot be ejected therefrom unless
be developed for non-agricultural purposes until the authorized by Court for causes provided under RA
finality of the exemption order. 3844.
MAY A PROTEST OF EXEMPTION BE FILED? WHEN MAY THE LEASEHOLD CONTRACT BE
EXTINGUISHED?
YES, any person may file a written protest against the
application within 30 days from posting of the requisite A. Abandonment of the landholding without
billboard or within 15 days from conduct of ocular knowledge of the ALessor
inspection, whichever is later.
B. Voluntary surrender of the landholding by the
WHERE SHOULD PROTEST BE FILED? Alessee, written notice at least 3 months in advance
Office of PARO or CLUPPI-2 as the case may be, having C. Absence of persons to succeed to the lessee, in case
jurisdiction over the property. of death or permanent incapacity
WHAT ARE THE GROUNDS FOR PROTEST? WHAT IS THE RIGHT OF PRE-EMPTION?
a. Landholding is classified as within the agricultural In case the ALessor decides to sell the landholding, the
zone based on the zoning ordinance or comprehensive ALessee shall have the preferential right to buy the
land use plan of the LGU approved by HLURB same under reasonable terms and conditions, provided
that:
b. Subject property has been covered by Operation
Land Transfer under PD 27. - The entire landholding must be pre-empted by
the Land Authority if the landowner so desires;
WHAT IS AGRICULTURAL LEASEHOLD CONTRACT?
(PD 3844 – Land Reform Code) - When there are 2 or more ALessees
A formal tenurial agreement reduced into writing
between a lessor-landholder and lessee-farmer where
the former consents to the latter’s personal cultivation
in consideration from a fixed rental either in money or
produce or both.
WHO IS AN AGRICULTURAL LESSEE?
One who by himself and with the aid available from
within his immediate farm household, cultivates the
land belonging to or possessed by another, with the
latter’s consent, for purposes of production, for a price
certain in money or in produce or both.
WHEN IS THERE AN AGRICULTURAL LEASEHOLD
RELATION?
By operation of law