DISTINCTIVE FEATURES OF PD27 AND RA6657, EXEMPTION

DISTINGUISHED FROM RETENTION

program are subject to the exercise of the landowner who is qualified to

the right of retention

> PD27 implemented the Operation Land Transfer Programcovers

tenanted rice and corn lands
> The requisites for coverage under the Operation Land Transfer program
are the following
The land must be devoted to rice or corn crops
There must be a system of share-crop or lease-tenancy
obtaining therein
> If either is absent, the landowner may apply for exemption
> PD27 grants each tenant of covered lands a 5 hectare lot, or in case the
lot is irrigated, 3 hectares constituting the family size farm. However, said
law allows a covered landowner to retain not more than 7 hectares of his
land if his aggregate landholding doesnt exceed 24 hectares

> The issuance of emancipation patents or certificates of land transfers

doesnt absolutely bar the landowner from retaining the area covered
thereby

> Consequently, a landowner may keep his whole covered land if its
aggregate size doesnt exceed the retention limit of 7 hectares
> An application for exemption is different from that of retention. They are
distinct remedies and thus, judgment in one doesnt preclude the
subsequent institution of the other
> The right to retention is a constitutionally guaranteed right which is
subject to the qualifications by the legislature
> Landowners who havent exercised their retention rights under PD27
may exercise their retention rights under RA 6657
> The right to retention may be exercised over tenanted land despite the
issuance of the certificate of land transfer to farmer beneficiaries. What
must be protected, however, is the right of the tenants to opt to stay on
the land chosen to be retained by the landowner or be a beneficiary in
another agricultural land with similar or comparable features
> Land awards made pursuant to a governments agrarian reform

WAIVER OF RIGHT OF RETENTION

1. Executing an affidavit or any other document duly attested by the
MARO, Provincial Agrarian Reform Officer, or Regional Director, indicating
that he is expressly waiving his right of retention
2. Signing of the landowner-tenant production agreement and farmers
undertaking or application for purchase and farmers undertaking,
covering subject property
3. Entering into a voluntary land transfer/direct payment scheme
agreement
4. Offering the subject landholding under VOS scheme and failure to
indicate his retained area
5. Signing or submission of other documents indicating consent to have
the entire property covered, such as the form letter of the LBP on the
disposition of the case and bond portions of a land transfer claim for
payment, and the Deed of Assignment, warranties and undertaking and
undertaking executed in favor of the LBP
6. Performing acts which constitute estoppel by laches
7. Doing such act or acts as would amount to a valid waiver in accordance
with applicable laws and jurisprudence