Professional Documents
Culture Documents
lovelyr-lawskulayp.blogspot.com /2016/04/reviewer-agrarian-law-part-1.html
1/6
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.
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.
2/6
WHAT ARE THE CRITERIA FOR THE AWARDS OF RETENTION? (5)
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?
3/6
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.
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
6/6