Professional Documents
Culture Documents
Redistribution of lands
- 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.
- ALL agricultural lands vs. Private agricultural lands (primarily devoted to rice and corn)
- All lands devoted to agricultural activity, and are not classified as mineral, forest, residential,
commercial or industrial land.
- 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.
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.
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.
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.
c) If with children (at least 15 y.o. who are actually cultivating or directly managing the farm) – 3 hec.
each
- If each or both has (capital and/or paraphernal property) – 5 hectares each but exceeding 10
hectares
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
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)
1. Cash or
2. Kind (some or all mixtures of housing, homelots, employment and/or other benefits) or
3. 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.
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
- 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.
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.
- 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.
- 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;