Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 05, S. 2000)
These rules and procedures apply to all applications for retention under Presidential Decree No. 27 and Republic Act No. 6657.
Any natural or juridical person owning agricultural lands with more than five hectares may apply using Retention Form No. 1. Heirs of deceased landowners may also apply if the decedent manifested intention to exercise retention before August 23, 1990.
The area chosen must be compact, contiguous, and least prejudicial to the entire landholding and the majority of farmers therein.
Failure to exercise the right within the period means the landowner waives the choice of area, and the Municipal Agrarian Reform Officer (MARO) will designate the retention area for the landowner.
The landowner has sixty (60) days from receipt of the Notice of Coverage to exercise retention rights under the Compulsory Acquisition scheme.
Landowners under PD 27 may retain up to seven hectares, except in specific cases. Under RA 6657, landowners may retain up to five hectares, and each qualified child may retain up to three hectares.
The landowner must directly cultivate the land or manage it through labor administration to make the retained area productive.
Tenants may choose to remain as leaseholders or become agrarian reform beneficiaries on another comparable land. If they refuse both, they may choose disturbance compensation which cannot be less than five times the average gross harvest over the past five years.
Waiver may be by executing an affidavit waiving the right, signing agreements such as Landowner-Tenant Production Agreements, entering voluntary land transfer agreements, offering land under Voluntary Offer to Sell without specifying retention area, and estoppel by laches among others.