Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 4 S. 1991)
Landowners covered by PD 27 are entitled to retain up to seven hectares of their landholdings, subject to certain conditions and exceptions provided in the order.
A landowner may not retain tenanted rice or corn lands if, as of October 21, 1972, he owned more than 24 hectares of tenanted rice or corn lands; or if by October 21, 1976, he owned less than 24 hectares of tenanted rice or corn lands but also owned other agricultural lands of more than seven hectares or lands used for residential, commercial, industrial, or other urban purposes from which he derives adequate income.
Landowners who filed applications for retention after the August 27, 1985 deadline and did not comply with the requirements of LOI Nos. 41, 45, and 52 are entitled to a maximum retention area of five hectares.
Yes, heirs can exercise the right of retention if the deceased landowner manifested his intention to exercise retention before August 23, 1990. The heirs must provide proof of the original owner's intention or prove the decedent had no knowledge of OLT coverage over the land.
A landowner is deemed to have waived the right of retention by signing the Landowner-Tenant Production Agreement and Farmer's Undertaking (LTPA-FU), entering into a direct-payment scheme evidenced by a Deed of Transfer, or submitting documents indicating consent to coverage, such as LBP's form letters or Deeds of Assignment.
Yes, all rights previously acquired by tenant-farmers under PD 27 are retained and recognized, and applicable rules and procedures are followed.
The MARO must receive the application, invite all concerned parties to a conference, conduct field verification and investigation of landholding and tenancy, prepare a sketch plan with DENR collaboration, evaluate the documents, and submit recommendations to the Provincial Agrarian Reform Officer (PARO).
The PARO reviews and evaluates the report; if in order, forwards it with recommendations to the Regional Agrarian Reform Officer (RARO). If not in order, the PARO returns the documents to the MARO.
The RARO reviews and evaluates the documents, issues an Order of Approval or Denial, attaches a sketch plan for approvals, specifies final survey requirements, forwards the order to the PARO, and only issues a Certificate of Retention after final survey.
The decision becomes final fifteen (15) days after receipt of the order unless an appeal is filed with the DAR Secretary.
Tenant-farmers may dispute the landowner's claim; they are given priority in the distribution of other lands identified by DAR if affected; or they may opt to remain as leaseholders in the retained area by executing lease agreements within one year.
It took effect ten (10) days after publication in two national newspapers and amends or revokes all inconsistent previous orders, memoranda, circulars, and issuances.