d.
If under the VOS/VLT or DPS schemes, simultaneous with the
Reviewer: Agrarian Law (Part 1)
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;
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. 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
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 with area
larger than 5 hectares
MAY A CONDITIONAL EXEMPTION ORDER BE GRANTED?
YES, subject to the applicant’s/landowner’s posting of bond, as
determined by the Adjudicator.
Provided, the property applied for exemption shall not be
developed for non-agricultural purposes until the finality of the
exemption order.
MAY A PROTEST OF EXEMPTION BE FILED?
 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.

WHERE SHOULD PROTEST BE FILED?

Office of PARO or CLUPPI-2 as the case may be, having
jurisdiction over the property.

WHAT ARE THE GROUNDS FOR PROTEST?

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.

WHAT IS AGRICULTURAL LEASEHOLD CONTRACT? (PD 3844

– Land Reform Code)
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

WHO MAYBE CONSIDERED AS THE LESSOR?

The person who furnishes the landholding, either as an owner, civil
law lessee, usufructuary or legal possessor

WHAT IS THE EFFECT OF AN AGRICULTURAL LEASEHOLD

CONTRACT?
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.

WHEN MAY THE LEASEHOLD CONTRACT BE

EXTINGUISHED?
A. Abandonment of the landholding without knowledge of the A
Lessor
B. Voluntary surrender of the landholding by the Alessee, written
notice at least 3 months in advance
C. Absence of persons to succeed to the lessee, in case of death or
permanent incapacity

WHAT IS THE RIGHT OF PRE-EMPTION?

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;
- When there are 2 or more ALessees