Rules for Landowner Retention Right under CARP

Landowners can choose the retention area which must be compact, contiguous, and least prejudicial to the entire landholding and majority of farmers.
Landowners must directly cultivate or manage retained land to ensure productivity.
Tenant farmers’ rights and security of tenure under PD 27 and prior to RA 6657 approval must be respected; tenants cannot be ejected.
Any sale, lease, or transfer of lands in violation of RA 6657 is void; transactions before RA 6657 are valid only if registered within three months from 15 June 1988.

Natural or juridical persons owning more than 5 hectares may apply using Retention Form No. 1.
Landowners with 5 hectares or less, or lands not yet covered, may also apply.
Heirs may exercise retention rights of deceased landowners if intention was expressed before the final Supreme Court ruling on 23 August 1990.

Under Compulsory Acquisition, landowners must exercise retention within 60 days from Notice of Coverage receipt.
Under Voluntary Offer to Sell, retention must be exercised when land is offered, specifying retained area; failure to specify means waiver.

Failure to exercise waiver allows MARO to select retention area for the landowner.
Landowner has 60 days after notification to accept or reject the designated area; silence is considered acceptance.
Disagreements must be protested through agrarian procedural rules.

Retention applications may be filed with BLAD, RD, PARO, or MARO; non-MARO offices forward applications to appropriate MARO.

Retained land must be private agricultural land, compact, contiguous, and least prejudicial to tenants.
Landowner must submit affidavit on aggregate holdings and list children 15 years or older who have been cultivating or managing since 15 June 1988.

PD 27 landowners can retain 7 hectares except certain conditions disallow retention.
Applications filed before 27 Aug 1985 may retain 7 hectares regardless of compliance with LOIs 41, 45, 52.
Those complying with LOIs can retain 7 hectares; non-compliers limited to 5 hectares.
Landowners covered by CARP can retain up to 5 hectares, with each qualifying child up to 3 hectares.
Original homestead grantees may retain original homesteads if still cultivated.
Rules on retention for spouses depend on Civil or Family Code property regimes with maximum retention varying from 5 to 10 hectares.

Tenants may choose to remain as leaseholders or become beneficiaries on similar lands.
Tenants refusing leasehold or transfer may claim disturbance compensation of at least five times average gross harvests of last 5 years.
Tenant’s option must be exercised within 1 year from retention area decision.
Tenants who become leaseholders lose right to ARB benefits; lease agreements governed by existing DAR issuances.
Preemption and redemption rights under RA 3844 apply to leaseholders.

DAR must notify affected ARBs and give opportunity to contest.
Affected ARBs prioritized for other land distribution.
ARBs may exercise options to lease or disturbance compensation within one year after cancellation.
Landowners encouraged to select retention area from non-awarded lands to minimize dislocation.

Amortizations paid by ARBs on cancelled titles must be fully reimbursed alongside legal benefits for holders in good faith.

Issue Notice of Coverage and receive applications.
Determine qualifications including original homestead ownership and cultivation.
Conduct field investigations and identify tenants.
Facilitate conferences, land transfers for tenants, lease contracts, and compensation negotiations.
Prepare sketch plan with DENR and retention folder.
Notify landowners of designated areas when necessary.

Review MARO reports and forward to Regional Director if in order.
Segregate retained areas, coordinate surveys, issue Certificates of Retention.
Facilitate creation of separate land titles for retained and non-retained areas, and title for Republic for acquired lands.