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10.G.R. No. 169514- March 30, 2007- CONFED vs.

DAR
FACTS: Confederation of Sugar Producers Association, Inc (CONFED), the National Federation of
Sugarcane Planters, Inc. (NFSP), United Sugar Producers Federation of the Phil., Inc. (UNIFED),
the Panay Federation of Sugarcane Farmers, Inc. (PANAYFED). It seeks, inter alia, to enjoin the
Department of Agrarian Reform(DAR), the Land Bank of the Philippines(LBP), and the Land Registration
Authority(LRA) from "subjecting the sugarcane farms of Petitioner Planters to eminent domain or
compulsory acquisition without filing the necessary expropriation proceedings pursuant to the
provisions of Rule 67 of the Rules of Court and/or without the application or conformity of a majority of
the regular farmworkers on said farms."
Petitioners CONFED, NFSP, UNIFED and PANAYFED claim that their members own or administer private
agricultural lands devoted to sugarcane. They and their predecessors-in-interest have been planting
sugarcane on their lands allegedly since time immemorial. While their petition is denominated as one
for prohibition and mandamus, the petitioners likewise seek to nullify paragraphs (d), (e) and (f) of
Section 16 of RA 6657, otherwise known as the Comprehensive Agrarian Reform Law. In other words,
their arguments, are anchored on the proposition that these provisions are unconstitutional.
The petitioners thus contend that a landowner cannot be deprived of his property until expropriation
proceedings are instituted in court. They insist that the expropriation proceedings to be followed are
those prescribed under Rule 67 of the Revised Rules of Court. In other words, for a valid exercise of the
power of eminent domain, the Government must institute the necessary expropriation proceedings in
the competent court in accordance with the provisions of the Rules of Court.
ISSUE: WON paragraphs d,e,and f of RA6657 valid?WON the compulsory acquisition of land valid?
RULING:
(1)The validity of Section 16, including paragraphs (d), (e) and (f) thereof, of RA 6657 has already been
affirmed in Association of Small Landowners, which sets forth the manner of acquisition of private
agricultural lands and ascertainment of just compensation, in this wise:
Where the State itself is the expropriator, it is not necessary for it to make a deposit upon its taking
possession of the condemned property, as "the compensation is a public charge, the good faith of the
public is pledged for its payment, and all the resources of taxation may be employed in raising the
amount." Nevertheless, Section 16(e) of the CARP Law provides that:
Upon receipt by the landowner of the corresponding payment, or in case of rejection or no response
from the landowner, upon the deposit with an accessible bank designated by the DAR of the
compensation in cash or in LBP bonds in accordance with this Act, the DAR shall take immediate
possession of the land and shall request the proper Register of Deeds to issue a Transfer Certificate of
Title (TCT) in the name of the Republic of the Philippines. The DAR shall thereafter proceed with the
redistribution of the land to the qualified beneficiaries. x x x the DAR shall conduct summary
administrative proceedings to determine the compensation for the land by requiring the landowner, the
LBP and other interested parties to submit evidence as to the just compensation for the land, within
fifteen (15) days from the receipt of the notice. After the expiration of the above period, the matter is
deemed submitted for decision. The DAR shall decide the case within thirty (30) days after it is
The determination made by the DAR is only preliminary unless accepted by all parties concerned.
Otherwise, the courts of justice will still have the right to review with finality the said determination in
the exercise of what is admittedly a judicial function.
(2) Contrary to the petitioners submission that the compulsory acquisition procedure adopted by the
DAR is without legal basis, it is actually based on Section 16 of RA 6657. Under the said law, there are
two modes of acquisition of private agricultural lands: compulsory and voluntary. The procedure for
compulsory acquisition is that prescribed under Section 16 of RA 6657.
In Roxas & Co., Inc. v. Court of Appeals:
In the compulsory acquisition of private lands, the landholding, the landowners and the farmer
beneficiaries must first be identified. After identification, the DAR shall send a Notice of Acquisition to
the landowner, by personal delivery or registered mail, and post it in a conspicuous place in the
municipal building and barangay hall of the place where the property is located. Within thirty days from
receipt of the Notice of Acquisition, the landowner, his administrator or representative shall inform the
DAR of his acceptance or rejection of the offer. If the landowner accepts, he executes and delivers a
deed of transfer in favor of the government and surrenders the certificate of title. Within thirty days
from the execution of the deed of transfer, the Land Bank of the Philippines (LBP) pays the owner the
purchase price. If the landowner rejects the DARs offer or fails to make a reply, the DAR conducts
summary administrative proceedings to determine just compensation for the land. The landowner, the
LBP representative and other interested parties may submit evidence on just compensation within
fifteen days from notice. Within thirty days from submission, the DAR shall decide the case and inform
the owner of its decision and the amount of just compensation. Upon receipt by the owner of the
corresponding payment, or, in case of rejection or lack of response from the latter, the DAR shall deposit
the compensation in cash or in LBP bonds with an accessible bank. The DAR shall immediately take
possession of the land and cause the issuance of a transfer certificate of title in the name of the Republic
of the Philippines. The land shall then be redistributed to the farmer beneficiaries. Any party may
question the decision of the DAR in the regular courts for final determination of just compensation.

11. DAR vs. POLO COOCONUT PLANTATION (GR. No. 168787)
FACTS:
Polo Coconut Plantation Co., Inc. (PCPCI) sought to convert 280 hectares of its Polo Coconut Plantation
(Polo estate) in Tanjay, Negros Oriental into a special economic zone (ecozone) under the Philippine
Economic Zone Authority (PEZA). On December 19, 1998, PEZA issued Resolution favorably
recommending the conversion of the Polo estate into an ecozone

subject to certain terms and
conditions. The following year, PCPCI applied for the reclassification of its agricultural lands into mixed
residential, commercial and industrial lands with the municipal government of Tanjay. Sangguniang
Bayan of Tanjay adopted Resolution No. 344 granting PCPCI's application. When Tanjay became a city,
its Sangguniang Panglungsod adopted Resolution No. 16 approving Tanjay's Comprehensive Land Use
Plan and Zoning Ordinance where PCPCI's real properties, including the Polo estate, were reclassified as
mixed residential, commercial and industrial lands. DAR notified PCPCI that 394.9020 hectares of the
Polo estate had been placed under the CARP and would be acquired by the government. A new
certificate of title was issued in the name of the Republic of the Philippines.The next day, that title was
cancelled and another was issued in the name of petitioners in G.R. No. 169271 (petitioners-
beneficiaries).

Aggrieved, PCPCI filed a petition for certiorari in the CA asserting that the DAR acted with grave abuse of
discretion in placing the Polo estate under the CARP. It argued that the Polo estate should not be
subjected to the CARP because Resolution No. 16 had already designated it as mixed residential,
commercial and industrial land. Moreover, petitioners-beneficiaries were not qualified to receive land
under the CARP.


ISSUE: WON the Polo estate is covered by CARP.
RULING: YES.The presumption is that, all agricultural land are presumed by the law that they are
subjected to CARP unless otherwise the owner of the land proven it on the contrary. SC held that
reclassified agricultural lands must undergo the process of conversion in the DAR

before they may be
used for other purposes.

Since the DAR never approved the conversion of the Polo estate from
agricultural to another use, the land was never placed beyond the scope of the CARP.

The approval of the DAR for the conversion of agricultural land into an industrial estate is a condition
precedent for its conversion into an ecozone. A proposed ecozone cannot be considered for Presidential
Proclamation unless the landowner first submits to PEZA a land use conversion clearance certificate
from the DAR.




12. G.R. No. 180471 March 26, 2010
Alangilan Realty and Development Corporation vs. Office of the President

FACTS:Petitioner Alangilan landholding is the owner/developer of a 17.4892-hectare land in Batangas
City(). Petitioner filed an Application and/or Petition for Exclusion/Exemption from Comprehensive
Agrarian Reform Program (CARP) Coverage of the Alangilan landholding with the Municipal Agrarian
Reform Office (MARO) of the DAR. It averred that, in 1982, the Sangguniang Bayan of Batangas City
classified the subject landholding as reserved for residential under a zoning ordinance, which was
approved by the Human Settlement Regulatory Commission. It further alleged that, Sangguniang
Panglungsod of Batangas approved the City Zoning Map and Batangas Comprehensive Zoning and Land
Use Ordinance,reclassifying the landholding as residential-1. Petitioner thus claimed exemption of its
landholding from the coverage of the CARP.
DAR Secretary Ernesto Garilao issued an Order denying petitioners application for exemption. The DAR
Secretary noted that, as of February 15, 1993, the Alangilan landholding remained agricultural, reserved
for residential. It was classified as residential-1 only on December 12, 1994 under Sangguniang
Panlalawigan Resolution No. 709, series of 1994. Clearly, the subject landholding was still agricultural at
the time of the effectivity of Republic Act No. 6657, or the Comprehensive Agrarian Reform Law (CARL),
on June 15, 1988. The qualifying phrase reserved for residential means that the property is still classified
as agricultural, and is covered by the CARP.
Administrative Order No. 6, series of 1994 provides that "lands that are classified as commercial,
industrial or residential before 15 June 1988 no longer need any conversion clearance"; as such, they are
exempt from the coverage of R.A. [No.] 6657.
This Office, therefore, is convinced that the zoning classification of the Alangilan Landholding prior to 15
June 1988 was Agricultural, although with the qualification that it had been reserved for residential use.
ISSUE: WON THE COURT PETITIONERS ALANGILAN LANDHOLDING IS SUBJECT TO THE COVERAGE OF
THE COMPREHENSIVE AGRARIAN REFORM LAW, NOTWITHSTANDING THAT THE PROPERTY HAS BEEN
CONVERTED TO NON-AGRICULTURAL USES BY THE ZONING ORDINANCE OF THE CITY OF BATANGAS
PRIOR TO THE LAW.
RULING:Indeed, lands devoted to non-agricultural activity are outside the coverage of CARL. These
include lands previously converted into non-agricultural uses prior to the effectivity of the CARL on June
15, 1988. Unfortunately, petitioner failed to convince us that the Alangilan landholding ceased to be
agricultural at the time of the effectivity of the CARL.
It is beyond cavil that the Alangilan landholding was classified as agricultural, reserved for residential in
1982, and was reclassified as residential-1 in 1994. However, contrary to petitioners assertion, the term
reserved for residential does not change the nature of the land from agricultural to non-agricultural.
As aptly explained by the DAR Secretary, the term reserved for residential simply reflects the intended
land use. It does not denote that the property has already been reclassified as residential, because the
phrase reserved for residential is not a land classification category.
Indubitably, at the time of the effectivity of the CARL in 1988, the subject landholding was still
agricultural. This was bolstered by the fact that the Sangguniang Panlalawigan had to pass an Ordinance
in 1994, reclassifying the landholding as residential-1. If, indeed, the landholding had already been
earmarked for residential use in 1982, as petitioner claims, then there would have been no necessity for
the passage of the 1994 Ordinance.
Not having been converted into, or classified as, residential before June 15, 1988, the Alangilan
landholding is, therefore, covered by the CARP. The subsequent reclassification of the landholding as
residential-1 in 1994 cannot place the property outside the ambit of the CARP, because there is no
showing that the DAR Secretary approved the reclassification.

13. Association of Small Landowners, et. al. vs. DAR Secretary (G.R. No. 78742, July 14, 1989)
FACTS: These are 3 cases consolidated questioning the constitutionality of the Agrarian Reform Act.
Article XIII on Social Justice and Human Rights includes a call for the adoption by the State of an agrarian
reform program. The State shall, by law, undertake an agrarian reform program founded on the right of
farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or,
in the case of other farmworkers, to receive a just share of the fruits thereof. RA 3844, Agricultural Land
Reform Code, had already been enacted by Congress on August 8, 1963. This was substantially
superseded almost a decade later by PD 27, which was promulgated on Oct 21, 1972, along with martial
law, to provide for the compulsory acquisition of private lands for distribution among tenant-farmers
and to specify maximum retention limits for landowners. On July 17, 1987, Cory issued EO 228, declaring
full land ownership in favor of the beneficiaries of PD 27 and providing for the valuation of still unvalued
lands covered by the decree as well as the manner of their payment. This was followed on July 22, 1987
by PP 131, instituting a comprehensive agrarian reform program (CARP), and EO 229, providing the
mechanics for its implementation. Afterwhich is the enactment of RA 6657, Comprehensive Agrarian
Reform Law of 1988, which Cory signed on June 10. This law, while considerably changing the earlier
mentioned enactments, nevertheless gives them suppletory effect insofar as they are not inconsistent
with its provisions.

Petitioners also invoke their rights not to be deprived of their property without due process of law and
to the retention of their small parcels of land as guaranteed under Article XIII, Section 4 of the
Constitution. He likewise argues that, besides denying them just compensation for their lands, the
provisions of E.O. No. 228 declaring that:
Lease rentals paid to the landowner by the farmer-beneficiary after October 21, 1972
shall be considered as advance payment for the land.
is an unconstitutional taking of a vested property right. It is also his contention that the inclusion of even
small landowners in the program along with other landowners with lands consisting of seven hectares or
more is undemocratic.

ISSUE: WON Proc. No. 131 and E.O. No. 229 should be invalidated because they do not provide for
retention limits.

HELD: NO.The argument of some of the petitioners that Proc. No. 131 and E.O. No. 229 should be
invalidated because they do not provide for retention limits as required by Article XIII, Section 4 of the
Constitution is no longer tenable. R.A. No. 6657 does provide for such limits now in Section 6 of the law,
which in fact is one of its most controversial provisions. This section declares:
Retention Limits. Except as otherwise provided in this Act, no person may own or
retain, directly or indirectly, any public or private agricultural land, the size of which
shall vary according to factors governing a viable family-sized farm, such as commodity
produced, terrain, infrastructure, and soil fertility as determined by the Presidential
Agrarian Reform Council (PARC) created hereunder, but in no case shall retention by the
landowner exceed five (5) hectares. Three (3) hectares may be awarded to each child of
the landowner, subject to the following qualifications: (1) that he is at least fifteen (15)
years of age; and (2) that he is actually tilling the land or directly managing the farm;
Provided, That landowners whose lands have been covered by Presidential Decree No.
27 shall be allowed to keep the area originally retained by them thereunder, further,
That original homestead grantees or direct compulsory heirs who still own the original
homestead at the time of the approval of this Act shall retain the same areas as long as
they continue to cultivate said homestead.
15. DAR Administrative Order No. 02-03

January 16, 2003
DAR ADMINISTRATIVE ORDER NO. 02-03
SUBJECT : 2003 RULES AND PROCEDURES GOVERNING
LANDOWNER RETENTION RIGHTS

Pursuant to Presidential Decree (PD) No. 27, Section 6 ofRepublic Act (RA)
No. 6657, and in view of the Supreme Court's ruling in Association of Small
Landowners in the Philippines Incorporated versus Secretary of Agrarian Reform
(G.R. No. 78742 [14 July 1989]), the rules and procedures governing the exercise of
retention rights under PD 27 and RA 6657 by landowners are hereby revised as
follows:
ARTICLE I
Preliminary Provisions
SECTION 1. Coverage These rules and procedures shall apply to all
applications for retention under PD 27and RA 6657. TAScID
SECTION 2. Statement of Policies The exercise of retention right by
landowners shall be governed by the following policies:
2.1. The landowner has the right to choose the area to be
retained by him which shall be compact and contiguous, and
which shall be least prejudicial to the entire landholding and the
majority of the farmers therein.
2.2. The landowner shall exercise the right to retain by
signifying his intention to retain within sixty (60) days from receipt
of notice of coverage. Failure to do so within the period shall
constitute a waiver of the right to retain any area.
2.3. Upon manifestation of the landowner's intention to retain,
he shall indicate the exact location thereof within thirty (30) days
from manifestation date. Failure to do so shall authorize the
Municipal Agrarian Reform Officer (MARO) to choose said
retention area.
2.4. The landowner has the obligation to cultivate the land
directly or thru labor administration and thereby make the area he
retains productive.
2.5. In all cases, all rights previously acquired by the tenant
farmers under PD 27 and the security of tenure of the farmers or
farmworkers on the land prior to the approval of RA 6657 shall be
respected. Furthermore, actual tenant farmers in the landholdings
shall not be ejected or removed therefrom.
2.6. The sale, disposition, lease or transfer of private lands by
the original landowner in violation ofRA 6657 shall be null and
void. Transactions executed prior to RA 6657 shall be valid only
when registered with the Register of Deeds within a period of
three (3) months after 15 June 1988 in accordance with Section 6
of RA 6657.
ARTICLE II
Exercise Of Retention Right
SECTION 3. Who May Apply for Retention
3.1. Any person, natural or juridical, who owns agricultural
lands with an aggregate area of more than five (5) hectares may
apply for retention area. However, a landowner who exercised his
right of retention under PD 27 may no longer exercise the same
right under RA 6657. Should he opt to retain five (5) hectares in
his other agricultural lands, the seven (7) hectares previously
retained by him shall be immediately placed under CARP
coverage.
3.2. A landowner who owns five (5) hectares or less, of land
which are not yet subject of coverage based on the schedule of
implementation provided in Section 7 of RA 6657, may also file
an application for retention and a Certification of Retention shall
be issued in his favor.
3.3. The right of retention of a deceased landowner may be
exercised by his heirs provided that the heirs must first show
proof that the decedent landowner had manifested during his
lifetime his intention to exercise his right of retention prior to 23
August 1990 (finality of the Supreme Court ruling in the case
of Association of Small Landowners in the Philippines
Incorporated versus the Honorable Secretary of Agrarian
Reform).
SECTION 4. Period to Exercise Right of Retention under RA 6657
4.1. The landowner may exercise his right of retention at any
time before receipt of notice of coverage.
4.2. Under the Compulsory Acquisition (CA) scheme, the
landowner shall exercise his right of retention within sixty (60)
days from receipt of notice of coverage.
4.3. Under the Voluntary Offer to Sell (VOS) and the Voluntary
Land Transfer (VLT)/Direct Payment Scheme (DPS), the
landowner shall exercise his right of retention simultaneously at
the time of offer for sale or transfer.
SECTION 5. Where to File Application Any duly completed
application for retention may be filed with the office of the Regional Director or the
Provincial Agrarian Reform Officer (PARO). The receiving office shall forward the
application to the MARO with jurisdiction over the landholding after assigning a docket
number.
SECTION 6. Waiver of the Right of Retention. The landowner waives
his right to retain by committing any of the following act or omission:
6.1. Failure to manifest an intention to exercise his right to
retain within sixty (60) calendar days from receipt of notice of
CARP coverage.
6.2. Failure to state such intention upon offer to sell or
application under the VLT/DPS scheme.
6.3. Execution of any document stating that he expressly
waives his right to retain. The MARO and/or PARO and/or
Regional Director shall attest to the due execution of such
document.
6.4. Execution of a Landowner Tenant Production Agreement
and Farmer's Undertaking (LTPA-FU) or Application to Purchase
and Farmer's Undertaking (APFU) covering subject property.
6.5. Entering into a VLT/DPS or VOS but failing to manifest an
intention to exercise his right to retain upon filing of the
application for VLT/DPS or VOS.
6.6. Execution and submission of any document indicating
that he is consenting to the CARP coverage of his entire
landholding.
6.7. Performing any act constituting estoppel by laches which
is the failure or neglect for an unreasonable length of time to do
that which he may have done earlier by exercising due diligence,
warranting a presumption that he abandoned his right or declined
to assert it.
ARTICLE III
Award Of Retention Area
SECTION 7. Criteria/Requirements for Award of Retention The
following are the criteria in the grant of retention area to landowners:
7.1. The land is private agricultural land;
7.2. The area chosen for retention shall be compact and
contiguous and shall be least prejudicial to the entire landholding
and the majority of the farmers therein; TSHEIc
7.3. The landowner must execute an affidavit as to the
aggregate area of his landholding in the entire Philippines; and
7.4. The landowner must submit a list of his children who are
fifteen (15) years old or over as of 15 June 1988 and who have
been actually cultivating or directly managing the farm since 15
June 1988 for identification as preferred beneficiaries, as well as
evidence of such.
7.5. The landowner must 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.
SECTION 8. Retention Area The area allowed to be retained by the
landowner shall be as follows:
8.1. Landowners covered by PD 27 are entitled to retain
seven (7) hectares, except those whose entire tenanted rice and
corn lands are subject of acquisition and distribution under
Operation Land Transfer (OLT). An owner of tenanted rice and
corn lands may not retain those lands under the following cases:
8.1.1. If he, as of 21 October 1972, owned more than
twenty-four (24) hectares of tenanted rice and corn lands;
or
8.1.2. By virtue of Letter of Instruction (LOI) No. 474, if he,
as of 21 October 1976, owned less than twenty-four (24)
hectares of tenanted rice and corn lands but additionally
owned the following:
8.1.2.1. other agricultural lands of more than
seven (7) hectares, whether tenanted or not, whether
cultivated or not, and regardless of the income
derived therefrom; or
8.1.2.2. lands used for residential, commercial,
industrial or other urbanpurposes from which he
derives a dequate income to support himself
and his family.
8.2. Landowners affected by PD 27 who filed their applications
for retention before 27 August 1985, the deadline set by the DAR
AO No. 1, Series of 1985, may retain not more than seven (7)
hectares of their landholdings regardless of whether or not they
complied with LOI 41, 45, and 52.
8.3. Also entitled to such seven (7) hectare retention area
under PD 27 are landowners who filed their application after 27
August 1985 but complied with LOI 41, 45, and 52, which provide
for the submission of sworn statements containing the following
information:
8.3.1. List of agricultural lands owned by him throughout
the country, indicating therein the area and location of each
parcel;
8.3.2. Principal crops to which each parcel of land is
devoted. For those areas devoted primarily to rice and/or
corn, the landowners shall indicate:
8.3.2.1. the portions actually cultivated by
tenants;
8.3.2.2. the names of such tenants; and
8.3.2.3. the area tilled by each tenant as of 21
October 1972;
8.3.3. The average gross harvest of each tenant (on a
parcel of rice/corn land) during the three (3) crop years
immediately preceding 21 October 1972; and
8.3.4. Liens and/or encumbrances, if any, the amounts
thereof, and the names and addresses of the parties who
have liens and/or encumbrances over such properties as of
21 October 1972.
8.4. Landowners who filed their applications after the 27
August 1985 deadline and did not comply with LOI 41, 45,
and 52 shall be entitled only to a maximum of five (5) hectares as
retention area.
8.5. Landowners who failed to apply for retention under PD
27, and who did not comply with the 27 August 1985 deadline,
shall be allowed to retain a maximum of five (5) hectares in
accordance with RA 6657 except those who under PD 27 are
disqualified to retain:
8.5.1. If he, as of 21 October 1972, owned more than
twenty-four (24) hectares of tenanted rice and corn lands;
or
8.5.2. By virtue of Letter of Instruction (LOI) No. 474, if he,
as of 21 October 1972, owned less than twenty-four (24)
hectares of tenanted rice and corn lands but additionally
owned the following:
8.5.2.1. other agricultural lands of more than
seven (7) hectares, whether tenanted or not, whether
cultivated or not, and regardless of the income
derived therefrom; or
8.5.2.2. lands used for residential, commercial,
industrial or other urban purposes from which he
derives adequate income to support himself and his
family.
8.6 A landowner whose landholdings are covered under
CARP may retain an area of not more than five (5) hectares
thereof. In addition, each of his children, whether legitimate,
illegitimate, or legally adopted, may be awarded an area of not
more than three (3) hectares as preferred beneficiary, provided
that the child is at least fifteen (15) years old as of 15 June 1988
and that he is actually tilling the land or directly managing the
farmholding from 15 June 1988 up to the filing of the application
for retention and/or the time of the acquisition of the landholding
under CARP.
8.7. The original homestead grantees or their direct
compulsory heirs who still own the original homestead at the time
of the approval of RA 6657may retain the same area as long as
they continue to cultivate the said homestead.
8.8. For marriages covered by the New Civil Code, in the
absence of the agreement for the judicial separation of property,
spouses who own only conjugal properties may retain a total of
not more than five (5) hectares of such properties. However, if
either or both of them are landowners in their respective rights
(capital and/or paraphernal), they may retain not more than five
(5) hectares of their respective landholdings. In no case,
however, shall the total retention of such couple exceed ten (10)
hectares.
8.9. For marriages covered by the Family Code, which took
effect on 3 August 1988, a husband owning capital property
and/or a wife owning a paraphernal property may retain not more
than five (5) hectares each, provided they executed a judicial
separation of properties prior to entering into such marriage. In
the absence of such an agreement, all properties (capital,
paraphernal and conjugal) shall be considered to be held in
absolute community, i.e., the ownership relationship is one, and,
therefore, only a total of five (5) hectares may be retained. cDCEHa
ARTICLE IV
Effects Of The Exercise Of Retention Right
SECTION 9. When Retained Area is tenanted
9.1. In case the area selected by the landowner or awarded
for retention by the DAR is tenanted, the tenant shall have the
option to choose whether to remain therein as lessee or be a
beneficiary in the same or another agricultural land with similar or
comparable features.
9.2. In case the tenant declines to enter into leasehold and
there is no available land to transfer, or if there is, the tenant
refuses the same, he may choose to be paid disturbance
compensation by the landowner in such amount as may be
agreed between the parties taking into consideration the
improvements made on the land. However, in no case shall the
agreed amount be less than five (5) times the average gross
harvest on their landholding during the last five (5) preceding
calendar years pursuant to Section 36 of RA 3844, as amended
by Section 7 of RA 6389. If the parties fail to agree on the amount
of disturbance compensation, either party may file a petition for
fixing disturbance compensation with the appropriate Provincial
Agrarian Adjudicator (PARAD). In the latter case, the petitioner
must show proof that earnest efforts were exerted by the parties
to fix the amount of disturbance compensation, which efforts
proved unsuccessful, before the same was filed with the PARAD.
The tenant shall not be dispossessed or ejected from the
landholding, unless disturbance compensation is paid and proof
thereof is submitted to the MARO.
9.3. The tenant must exercise his option within one (1) year
from the time the landowner manifests his choice of the area for
retention, or from the time the MARO has chosen the area to be
retained by the landowner, or from the time an order is issued
granting the retention.
9.4. In case the tenant chooses to remain in the retained area,
he shall be considered a leaseholder and shall lose his right to be
an Agrarian Reform Beneficiary (ARB) under CARP. In this case,
the required lease agreement shall be executed in accordance
with relevant issuances on the matter.
9.5. The provisions on preemption and redemption under RA
3844, as amended, shall apply to the lessee.
ARTICLE V
Operating Procedures
SECTION 10. Responsibilities of the MARO In the processing of
applications for retention, the MARO shall have the following responsibilities:
10.1. Determine whether or not the original homestead grantees
or their direct compulsory heirs still own and actually cultivate the
homestead land, when applicable.
10.2. Conduct field verification and investigation, together with
the landowner or his authorized representative, to determine the
following:
10.2.1. Landholding of the landowner in relation to his
application for retention;
10.2.2. Qualifications of the applicant and their
children as their compulsory heirs;
10.2.3. Tenants, farmworkers and/or actual occupants
within subject landholding; and
10.2.4. Other factors relevant to the application for
retention.
10.3. Notify all tenants, farmworkers and/or actual occupants of
the schedule of all conferences/dialogues regarding said
application for retention.
10.4. Identify and facilitate the necessary land transfer for
tenants opting to be beneficiaries in another landholding of the
same landowner with similar or comparable features.
10.5. Identify the tenants opting to be leaseholders and facilitate
the execution of the corresponding leasehold contracts.
10.6. Preside over the negotiations between the
tenant/beneficiaries in the determination of disturbance
compensation should the tenants/beneficiaries opt to accept the
same from the landowner.
10.7. Prepare a sketch plan of the area to be retained by the
landowner in coordination with the Department of Environment
and Natural Resources (DENR).
10.8. Prepare a Retention Folder indicating therein his findings
and recommendations and submit the same to the PARO.
10.9. Identify prime agricultural areas owned by landowners
who waived their right to choose which area to retain or those
who waived their right to exercise the right of retention using the
following factors:
10.9.1. Commodity produced;
10.9.2. Terrain;
10.9.3. Infrastructure available; and
10.9.4. Soil fertility.
10.10. Notify the landowner, through personal service with proof
of receipt or by registered mail with return card, the portion
selected as his retention area upon failure of the landowner to
exercise his right of retention within the period specified in these
Rules.
SECTION 11. Responsibilities of the PARO The PARO, on the other
hand, shall have the following responsibilities:
11.1. Review and evaluate the report and recommendations
submitted by the MARO.
11.2. If the Retention Folder is in order, forward the same,
together with his findings and recommendations, to the Regional
Director for appropriate action. Otherwise, return the same to the
MARO for appropriate action. The PARO may conduct his own
field investigation and conferences/dialogues. HESIcT
11.3. Upon receipt of the Retention Folder and the Order of
Approval from the Regional Director, the PARO shall segregate
the appropriate retained area in coordination with the DENR. The
DENR shall furnish the Regional Director four (4) copies for
distribution to the PARO, MARO, Register of Deeds, landowner
and other concerned parties.
11.4. Conduct the final survey of the area and draft a Certificate
of Retention.
11.5. On the basis of the owner's duplicate copy of title,
approved segregation plan, and technical description, request the
Register of Deeds to prepare two (2) separate titles:
(1) Landowner's title for the landholding covered by
compulsory acquisition, voluntary offer to sell or voluntary
land transfer/direct payment scheme, as the case may be;
and
(2) Landowner's title for the retained area;
and request the Register of Deeds to prepare another title in the
name of the Republic of the Philippines for lands covered by CA
and VOS.
SECTION 12. Responsibilities of the Regional Director The Regional
Director shall have the following responsibilities:
12.1. Review and evaluate the documents submitted by the
PARO. If the documents are in order, issue an Order of Approval
attaching the sketch plan of the retained area. The Order of
Approval shall specify that the retained area is subject to a final
survey to be conducted by the PARO. Otherwise, issue an Order
of Denial; and
12.2. Forward the Order of Approval or Denial, as the case may
be to the PARO for distribution to the concerned parties.
12.3. Forward copies of all orders of approvals or denials to the
BLAD for the purpose of creating a database on all lands subject
of retention and landowners who already exercised retention
rights. The Bureau of Land Acquisition and Distribution (BLAD)
shall also periodically monitor if any person had applied for or
been granted retention more than once in any other region in the
Philippines based on its records.
12.4. Issue a Certificate of Retention.
SECTION 13. Decision of the Regional Director The decision of the
Regional Director approving or disapproving the application for retention shall
become final after fifteen (15) days from receipt of the decision, unless duly appealed
to the DAR Secretary pursuant to the Rules of Procedure for Agrarian Law
Implementation (ALI) cases.
ARTICLE VI
Final Provisions
SECTION 14. Transitory Provision All pending applications for
retention shall be processed in accordance with the procedures provided herein.
Within ninety (90) days from effectivity of this Order, all Regional Offices shall
submit an inventory of all past and present pending cases involving retention in
accordance with the format to be prepared by the BLAD within fifteen (15) days from
the date of this Order.
SECTION 15. Repealing Clause This Order modifies or repeals DAR
Administrative Order No. 11, Series of 1990, Administrative Order No. 4, Series of
1991, Administrative Order No. 5, Series of 2000, and all other administrative
issuances inconsistent herewith.
SECTION 16. Separability Clause In the event that any of the
provisions of this Order is declared unconstitutional or illegal, the validity of the other
provisions shall not be affected by said declaration.
SECTION 17. Effectivity This Order shall take effect ten (10) days
after its publication in two (2) national newspapers of general circulation.
Diliman, Quezon City, 16 January 2003.

(SGD.) HERNANI A. BRAGANZA
Secretary
Published in two (2) national newspapers of general circulation:
1. THE PHILIPPINE DAILY INQUIRER
2. BUSINESS WORLD
Date of Publication January 28, 2003

REPUBLIC OF THE PHILIPPINES
_____________________________
SWORN APPLICATION FOR RETENTION
UNDER REPUBLIC ACT 6657
I, _____________________________, of legal age (or acting thru the representation
of a guardian who is of legal age), after having been duly sworn to in accordance with law,
hereby depose and state that I am exercising my right of retention, for myself and/or in
behalf of my co-owners, under Section 6 of Republic Act (RA) No. 6657, known as the
Comprehensive Agrarian Reform Law (CARL) of 1988. I hereby submit the following
information: TSEcAD
Address: _________________________________________________
Citizenship: ______________ Civil Status: [ ] single
Birth Date: ______________ [ ] married
Birth Place: ______________ [ ] legally separated
[ ] widow/widower
The description of the parcel of land which is the subject of this application is as
follows:
Area in hectares: ___________________________________________
Street / Road / access: ___________________________________________
Sitio / Purok / vicinity: ___________________________________________
Barangay: ___________________________________________
Municipality: ___________________________________________
Province / City: ___________________________________________
Title (if any): ___________________________________________
Registered owner/s: ___________________________________________
___________________________________________
I own _______ percent of the above parcel of land. The name/s of my co-owner/s (if
any) is/are:
______________________________________________________________
Aware of the consequences of a possible criminal prosecution for perjury, I hereby
state under oath that the total area of my aggregate landholdings in the entire Philippines is
______________ hectares. This area:
[ ] Includes the land which is the subject matter of this
application for retention.
[ ] Does not include the land which is the subject matter of
this application for retention.
The following is a brief description of all my landholdings in the entire Philippines:
LOCATION AREA Original or Transfer Land
Classification per
Barangay/Municipality/Province Certificate of Title and latest tax
declaration
Latest Tax Declaration
________________________ ______ __________________ _______________
___
________________________ ______ __________________ _______________
___
________________________ ______ __________________ _______________
___
________________________ ______ __________________ _______________
___
________________________ ______ __________________ _______________
___
I state under oath that:
[ ] This application is in response to a NOTICE OF
COVERAGE from the Department of Agrarian Reform (DAR). The
name of the Municipal Agrarian Reform Officer (MARO) who
issued the notice of coverage is:
__________________________________
Date when I / we received the notice of coverage:
________________
[ ] I am (we are) not aware of the existence of any notice of
coverage from the DAR that may in anyway affect the land which
is the subject matter of this application for retention.
Are there tenants within the retention area?
[ ] NO
[ ] YES. Their names are:
________________________________________________________
________________________________________________________
Are there occupants within the retention area?
[ ] NO
[ ] YES. Their names are:
________________________________________________________
________________________________________________________
OCCUPANCY INFORMATION
USE SEPARATE SHEET IF NECESSARY
NAME OF OCCUPANT STATUS OF OCCUPANCY GROWING
CROPS
(Use the classification given on EXISTING
STRUCTURES
the previous page)
____________________ _______________________ _________________
____
____________________ _______________________ _________________
____
____________________ _______________________ _________________
____
____________________ _______________________ _________________
____
____________________ _______________________ _________________
____
DESCRIPTION OF AREA SURROUNDING THE RETENTION AREA:
LAND COVER LAND USE AREA REMARKS
crop, grass, structure, or Hectares Specify type of
crops,
any other relevant info productivity
level, or any
other
relevant info
NORTH __________________ _________ _______ ______________
_____
EAST __________________ _________ _______ _____________
______
SOUTH __________________ _________ _______ ______________
_____
WEST __________________ _________ _______ ______________
_____
COMPLETE NAMES OF ALL CHILDREN BIRTH DATES NOMINATE
AS
(whether legitimate or otherwise) BENEFICIARY?
(Start from eldest to youngest) (Write a check
mark)
YES NO
________________________________________________ ______________
________________________________________________ ______________
________________________________________________ ______________
________________________________________________ ______________
________________________________________________ ______________
PREVIOUS LAND SALES WHERE THE APPLICANT WAS A SELLER OR BUYER:
ORIGINAL CERTIFICATE OF TITLE ADDRESS OR LOCATION DATE
OF SALE AREA
TRANSFER CERTIFICATE OF TITLE
REGISTRATION IN
TAX DECLARATION
HECTARES
______________________________________________________ ______________
_________
______________________________________________________ ______________
_________
______________________________________________________ ______________
_________
______________________________________________________ ______________
_________
______________________________________________________ ______________
_________
CHECK IF AVAILABLE AND ATTACH PHOTOCOPIES OF THE FOLLOWING:
[ ] MAP of the entire property with a delineation or shading or
any general indication of the area which I wish to retain. cSEaTH
Person who made the map:
[ ] Geodetic Engineer. Name:
________________
[ ] Others. Please specify:
________________
[ ] SKETCH MAP of the entire property with a delineation or
shading or any general indication of the area which I wish to
retain.
[ ] I undertake to submit the necessary map within thirty (30)
days from today.
I hereby certify under oath that I/we have not theretofore commenced any other
action or proceeding involving the same land or issue in any court, tribunal, or quasi-judicial
agency; to the best of my/our knowledge, no such action or proceeding is pending in any
court, tribunal, or quasi-judicial agency; if there is any action or proceeding which is either
pending or may have been terminated, I/we shall state the status thereof; and if I/we
thereafter learns that a similar action or proceeding has been filed or is pending before any
court, tribunal, or quasi-judicial agency, I/we undertake to report that fact within five (5)
days therefrom to the DAR office where the case is pending.
_____________________________ _________________________________
________
LANDOWNER/APPLICANT LANDOWNER/APPLICANT
REPRESENTATIVE
TIN: _________________ TIN: _________________
Community Tax Certificate Community Tax Certificate
Number: _________________ Number: _________________
Place: _________________ Place: _________________
Date: _________________ Date: _________________
_____________________________ _________________________________
________
LANDOWNER/APPLICANT LANDOWNER/APPLICANT
REPRESENTATIVE
TIN: _________________ TIN: _________________
Community Tax Certificate Community Tax Certificate
Number: _________________ Number: _________________
Place: _________________ Place: _________________
Date: _________________ Date: _________________
SUBSCRIBED and SWORN to before me this __________________________
200__ in _________________________________ personally appeared the above, known to
me and to me known to be the person(s) who executed this SWORN APPLICATION FOR
RETENTION after exhibiting to me his/her/their respective Tax Identification Number (TIN)
and Community Tax Certificate, and he/she/they acknowledge the voluntary execution of
this sworn application and full comprehension of its legal consequences.
Document ____
Page ____
Book ____
Series of 200_
Fill in the blanks or write a check mark in the appropriate brackets "[ ]". Any false statement
in this application or attachment thereto shall be a ground for outright denial of the
application and criminal prosecution for perjury. Any portion left blank is equivalent to a
sworn statement by the applicant that the information for the blank line is "N/A" or "Not
Applicable", which, if found to be otherwise, shall be subject to criminal prosecution.