Title
Rules on Retention Rights Under R.A. 6657
Law
Dar Administrative Order No. 11
Decision Date
Aug 30, 1989
Landowners may retain up to five hectares of agricultural land while their children can be awarded three hectares each, provided they meet specific age and cultivation criteria, ensuring tenant rights and security of tenure are respected during the retention process.

Q&A (DAR ADMINISTRATIVE ORDER NO. 11)

A landowner may retain not more than five (5) hectares of agricultural land.

Each child can be awarded up to three (3) hectares provided the child is at least 15 years old and is actually tilling or directly managing the farm from June 15, 1988, up to the filing of the application for retention or at the time of acquisition.

No, landowners who exercised the right of retention under P.D. 27 may no longer exercise the same right under R.A. 6657.

The landowner has the obligation to cultivate directly or through labor administration and make productive the area he retains.

Tenants may choose, within one year from the time the landowner manifests his choice, to remain in the retained area as leaseholders or become beneficiaries in another agricultural land of the same landowner with similar or comparable features.

If the tenant chooses to remain, he shall be considered a leaseholder and shall lose his right to be a beneficiary under CARP.

They may retain a total of not more than five hectares from the conjugal properties unless they own capital or paraphernal properties individually, where they can retain up to five hectares each, but total retention shall not exceed ten hectares.

A landowner owning more than five hectares may file an application for retention with any DAR office using Retention Form No. 1. The application is then forwarded to the MARO having jurisdiction over the landholding for processing.

The landowner must exercise the right within sixty (60) days from receipt of the Notice of Coverage from DAR.


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