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Sec. 3, RA 6657 PD 27
RA 6657 PD 27
Retention Limits 5 ha 7 ha
All lands devoted to agricultural activity, and are not classified as mineral, forest, residential,
commercial or industrial land.
Negotiating, fixing, maintaining, changing or seeking to arrange the terms and conditions of such
tenurial arrangements.
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)
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.
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.
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,
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.
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)
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
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.
Regular farmworkers
Seasonal farmworkers
Other farmworkers
Cooperatives, xxx
c) If with children (at least 15 y.o. who are actually cultivating or directly managing the farm) –
3 hec. each
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.
WHAT ARE THE OPTIONS OF THE TENANT IN CASE HE OCCUPIES THE LAND RETAINED?
- To be a lessee
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.
(AO NO. 4)
- Cash or
- Kind (some or all mixtures of housing, homelots, employment and/or other benefits) or
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.
a. PARAD
b. RARAD
c. DARAB
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.
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.
f. Proof of receipt of payment of DC, or valid agreement to pay or waive payment of the
same
- That when there is a dispute on the DC, the applicant shall abide with the decision of the
adjudicating authority
Regional Director (RCLUPPI recommendation) – for properties with area less or equal to 5 hectares
Secretary (CLUPPI-2 recommendation) – for properties with area larger than 5 hectares
Provided, the property applied for exemption shall not be developed for non-agricultural purposes
until the finality of the exemption order.
YES, any person may file a written protest against the application within 30 days from posting of the
requisite billboard or within 15 days from conduct of ocular inspection, whichever is later.
Office of PARO or CLUPPI-2 as the case may be, having jurisdiction over the property.
a. Landholding is classified as within the agricultural zone based on the zoning ordinance or
comprehensive land use plan of the LGU approved by HLURB
b. Subject property has been covered by Operation Land Transfer under PD 27.
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.
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
The person who furnishes the landholding, either as an owner, civil law lessee, usufructuary or legal
possessor
Provides security of tenure to a leasehold lessee on his landholding and cannot be ejected therefrom
unless authorized by Court for causes provided under RA 3844.
B. Voluntary surrender of the landholding by the Alessee, written notice at least 3 months in
advance
In case the ALessor decides to sell the landholding, the ALessee shall have the preferential right to buy
the same under reasonable terms and conditions, provided that:
- The entire landholding must be pre-empted by the Land Authority if the landowner so
desires;