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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. Execution of document expressly waiving the right of retention duly attested by MARO/PARO or
Regional Director;
d. Execution of a Landowner Tenant Production Agreement and Farmers Undertaking (LTPA-FU) and
Application to Purchase and Farmers 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.
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 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
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.
Secretary (CLUPPI-2 recommendation) for properties with area larger than 5 hectares