Policy Statements
- Landowners under P.D. 27 may retain up to seven hectares except when entire tenanted rice and corn lands fall under Operation Land Transfer (OLT).
- Restrictions on retention apply depending on land ownership as of specific dates (21 October 1972 and 21 October 1976) and land use settings.
- Deadline for applications for retention was set on 27 August 1985; those who applied before the deadline retain up to seven hectares regardless of compliance; after the deadline, compliance with registration requirements affects retention size.
- Deceased landowners’ heirs may exercise retention rights if the original owner expressed intention before 23 August 1990 or was unaware of OLT coverage.
- Certain acts by the landowner indicate waiver of retention rights, including signing relevant agreements or documents indicating consent to land disposition.
- Tenant farmers’ rights under P.D. 27 are upheld; relevant provisions of Administrative Order No. 11, series of 1990 apply.
- Landowners encouraged to select retention areas from non-rice and corn lands to minimize tenant displacement.
- In cases of CLT or EP holders in retained areas, tenants must be informed and allowed to contest claims; tenants may opt to remain as leaseholders under a lease agreement.
Operating Procedures
- Municipal Agrarian Reform Officer (MARO) responsibilities:
- Receive retention applications.
- Conduct conferences with parties.
- Investigate landholding and tenant occupancy.
- Prepare a sketch plan with DENR collaboration.
- Submit recommendations to the Provincial Agrarian Reform Officer (PARO).
- PARO duties:
- Review and evaluate MARO’s report.
- Forward to Regional Agrarian Reform Officer (RARO) if in order or return for corrections.
- RARO functions:
- Review documents and issue approval or denial.
- Approval includes sketch plan and specifies that final survey is pending.
- Issue Certificate of Retention after final survey.
- Distribute orders to concerned parties; decisions become final after 15 days unless appealed.
- MARO to facilitate leasehold arrangements as per Administrative Order No. 4, Series of 1989.
Effectivity
- The Administrative Order takes effect 10 days after publication in two nationwide newspapers.
- It supersedes all inconsistent prior issuances.
- This order supplements Administrative Order No. 11, Series of 1990.
(Signature) BENJAMIN T. LEONG, Secretary, adopted April 26, 1991.