Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 02)
The rules and procedures are governed pursuant to Presidential Decree No. 27, Section 6 of Republic Act No. 6657 (CARP), and the Supreme Court ruling in Association of Small Landowners vs. Secretary of Agrarian Reform.
Any natural or juridical person owning agricultural lands with an aggregate area of more than five (5) hectares may apply, except those who already exercised retention rights under PD 27; landowners with five (5) hectares or less can also apply if the lands are not yet covered by CARP.
The landowner must signify his intention to retain within sixty (60) calendar days from receipt of notice of coverage.
Failure to do so constitutes a waiver of the right to retain any area.
The land must be private agricultural land; the retention area must be compact, contiguous, and least prejudicial to landholding and farmers; the landowner must submit affidavits on aggregate landholding and list of children who are preferred beneficiaries; and a sworn statement on tenants or farmworkers present.
Landowners covered by PD 27 may retain up to seven (7) hectares unless disqualified under specific conditions related to ownership of tenanted rice and corn lands or other lands as provided by Letter of Instruction No. 474.
Yes. Each child (legitimate, illegitimate, or legally adopted) can be awarded up to three (3) hectares as a preferred beneficiary if they are at least 15 years old as of June 15, 1988, and are actually cultivating or managing the farm.
Tenants have the option to remain as lessees in the retained area or to be beneficiaries in another landholding with similar features. If they refuse both options, they may opt for disturbance compensation.
At least five (5) times the average gross harvest of their landholding during the last five (5) calendar years, or an amount agreed upon by parties, whichever is higher.
The Municipal Agrarian Reform Officer (MARO) is responsible for verification, investigation, notifications, and preparation of reports regarding retention applications.
The Provincial Agrarian Reform Officer (PARO) reviews and evaluates it, may conduct further investigations, and if in order, forwards it to the Regional Director for approval or denial.
The decision becomes final after fifteen (15) days from receipt of the decision, unless appealed to the DAR Secretary according to ALI Rules.
The landowner is deemed to have waived the right to retain any area.
Spouses owning only conjugal properties may retain a total of not more than five (5) hectares; if each spouse owns land in their own right, retention is up to five (5) hectares each but not exceeding ten (10) hectares total.
Review and evaluate applications, approve or deny applications, issue orders, forward copies to relevant offices for database creation, and issue Certificates of Retention.