Rules on Retention Rights Under R.A. 6657

Retention rights apply under CARP to landowners owning more than five hectares.
Children's retention rights include legitimate, illegitimate, and legally adopted children with qualifying age and actual farming management.
Landowner's obligation includes direct cultivation or productive management of the retained area.
Tenants' security of tenure is respected; they may not be ejected.
Specific rules govern retention in conjugal properties depending on Civil or Family Code provisions.
Preemption and redemption rights of lessees apply under existing laws.

Landowners owning more than five hectares may apply; those who retained under PD 27 cannot reapply under RA 6657.
Landowners with five hectares or less may apply for Certificate of Retention.
Applications must be filed with the appropriate DAR offices and forwarded to the Municipal Agrarian Reform Office (MARO).
Criteria include private agricultural land, compact contiguous area least prejudicial, affidavit of land area, and list of qualifying children.

Under Compulsory Acquisition: 60-day period after Notice of Coverage to exercise retention rights.
Under Voluntary Offer to Sell: retention must be indicated at the time of offer.
MARO initiates procedures by informing landowners, verifying qualification and land status, identifying tenant options.
PARO reviews MARO findings and forwards or returns documents.
Regional Agrarian Reform Officer approves or disapproves applications and issues Certificate of Retention.
Segregation of retained lands is coordinated with DENR and titles prepared accordingly.
Decisions become final after 15 days unless appealed.

Tenants in areas chosen for retention may opt to remain as leaseholders or become beneficiaries elsewhere.
Those remaining as leaseholders lose beneficiary rights under CARP.
Lease agreements are executed under relevant administrative orders.

Original homestead grantees or compulsory heirs may retain their areas if cultivation continues.
In civil-law marriages without judicial separation, retention from conjugal property limited to 5 hectares total.
Under the New Family Code, judicial separation allows retention of up to 5 hectares each for spouses owning separate properties.

The administrative order takes effect 10 days after publication.
Prior orders, circulars, and rules inconsistent with this order are revoked, modified, or cancelled accordingly.