10.G.R. No. 169514- March 30, 2007- CONFED vs.DAR
FACTS: Confederation of Sugar Producers A ssociation, Inc (CONFED), the National Federation of Sugarcane Planters, Inc. (NFSP), United S ugar Producers Federation of the Phil., Inc. (UNIFED), the Panay Federation of Sugarcane Farmers, Inc. (PANAYFED). It seeks, inter alia, to enjoin the Department of Agrarian Reform(DAR), the Land Bank of the Philippines(LBP), and the Land Registration Authority(LRA) from "subjecting the sugarcane farms of Petitioner P lanters to eminent domain or compulsory acquisition without filing the necessary expropriation proceedings pursuant to the provisions of Rule 67 of the Rules of Court and/or without the application or conformity of a majority of the regular farmworkers on said farms." Petitioners CONFED, NFSP, UNIFED and PANAYFED claim that their member s own or administer private agricultural lands devoted to sugarcane. They and their predec essors-in-interest have been planting sugarcane on their lands allegedly since time immemorial. While t heir petition is denominated as one for prohibition and mandamus, the petitioners likewise seek to nullify paragraphs (d), (e) and (f) of Section 16 of RA 6657, otherwise known as the Comprehensive Agrarian Reform Law. In other words, their arguments, are anchored on the proposition that these provisions are unconstitutional. The petitioners thus contend that a landowner cannot be deprived of his property until expropriation proceedings are instituted in court. They insist that the expropriation proceedings to be followed are those prescribed under Rule 67 of the Revised Rules of Court. In other words, for a valid exercise of the power of eminent domain, the Government must institute the necessary expropriation proceedings in the competent court in accordance with the provisions of the Rules of Court. ISSUE: WON paragraphs d,e,and f of RA6657 valid?WON the compulsory acquisition of land valid? RULING: (1)The validity of Section 16, including paragraphs (d), (e) and (f) thereof, of RA 6657 has already been affirmed in Association of Small Landowners, which sets forth the manner of acquisition of private agricultural lands and ascertainment of just compensation, in this wise:
Where the State itself is the expropriator, it is not necessary for it to make a deposit upon its taking possession of the condemned property, as "the compensation is a public charge, the good faith of the public is pledged for its payment, and all the resources of taxation may be employed in raising the amount." Nevertheless, Section 16(e) of the CARP Law provides that: Upon receipt by the landowner of t he corresponding payment, or in case of rejection or no response from the landowner, upon the deposit with an accessible bank designated by the DAR of the compensation in cash or in LBP bonds in accordance with t his Act, the DAR shall take immediate possession of the land and shall request the proper R egister of Deeds to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines. The DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries. x x x the DAR shall conduct summary administrative proceedings to determine the compensation for the land by r equiring the landowner, the LBP and other interested parties to submit evidence as to the just compensation for the land, within fifteen (15) days from the receipt of the notice. After the expiration of the above period, the matter is deemed submitted for decision. The DAR shall decide the c ase within thirty (30) days after it is
The determination made by the DAR is only preliminary unless accepted by all parties concerned. Otherwise, the courts of justice will still have the right to review with finality the said determination in the exercise of what is admittedly a judicial function. (2) Contrary to the petitioners’ submission that the compulsory acquisition procedure adopted by the DAR is without legal basis, it is actually based o n Section 16 of RA 6657. Under the said law, there are two modes of acquisition of private agricultural lands: compulsory and voluntary. The procedure for compulsory acquisition is that prescribed under Section 16 of RA 6657.
In Roxas & Co., Inc. v. Court of Appeals: In the compulsory acquisition of private lands, the landholding, the landowners and the farmer beneficiaries must first be identified. After identification, the DAR shall send a Notice of Acquisition to the landowner, by personal delivery or registered mail, and post it in a conspicuous place in the municipal building and barangay hall of the place where the property is located. Within thirty days from receipt of the Notice of Acquisition, the landowner, his administrator or representative shall inform the DAR of his acceptance or rejection of the offer. If the landowner accepts, he executes and delivers a deed of transfer in favor of the government and surrenders the cert ificate of title. Within thirty days from the execution of the deed of transfer, the Land Bank of the Philippines (LBP) pays the owner the purchase price. If the landowner rejects the DAR’s offer or fails to make a reply, the DAR conducts summary administrative proceedings to determine just compensation for the land. The landowner, the LBP representative and other interest ed parties may submit evidence on just compensation within fifteen days from notice. Within thirty days from submission, the DAR shall decide the case and inform the owner of its decision and the amount of just compensation. Upon receipt by the owner of t he corresponding payment, or, in case of r ejection or lack of response from the latter, the DAR shall deposit the compensation in cash or in LBP bonds with an accessible bank. The DAR shall immediately take possession of the land and cause the issuance of a transfer certificate of title in the name of the Republic of the Philippines. The land shall then be redistributed to the farmer beneficiaries. Any party may question the decision of the DAR in the regular courts for final determination of just compensation.
11. DAR vs. POLO COOCONUT PLANTATION (GR. No. 168787) FACTS:
Polo Coconut Plantation Co., Inc. (PCPCI) sought to co nvert 280 hectares of its Polo Coconut Plantation (Polo estate) in Tanjay, Negros Oriental into a special eco nomic zone (ecozone) under the Philippine Economic Zone Authority (PEZA). On December 19, 1998, PEZA issued Resolution favorably recommending the conversion of the Polo estate into an ecozone subject to certain terms and conditions. The following year, PCPCI applied for the reclassification of its agricultural lands into mixed residential, commercial and industrial lands with the municipal government of Tanjay. Sangguniang Bayan of Tanjay adopted Resolution No. 344 granting PCPCI's application. When Tanjay became a city, its Sangguniang Panglungsod adopted Resolution No. 16 approving Tanjay's Comprehensive Land Use Plan and Zoning Ordinance where PCPCI's real properties, including the Polo estate, were reclassified as mixed residential, commercial and industrial lands. DAR notified PCPCI that 394.9020 hectares of the Polo estate had been placed under t he CARP and would be acquired by the government. A new certificate of title was issued in the name of the Republic of the Philippines.The next day, that title was
cancelled and another was issued in the name of petitioners in G.R. No. 169271 (petitionersbeneficiaries). Aggrieved, PCPCI filed a petition for certiorari in the CA asserting that the DAR acted with grave abuse of discretion in placing the Polo estate under the CARP. It argued that the Polo estate should not be subjected to the CARP because Resolution No. 16 had already designated it as mixed re sidential, commercial and industrial land. Moreover, petitioners-beneficiaries were not qualified to receive land under the CARP.
ISSUE: WON the Polo estate is covered by CARP. RULING: YES.The presumption is that, “all agricultural land are presumed by the law that they are
subjected to CARP unless otherwise the owner of the land proven it on the contrary. SC held that reclassified agricultural lands must undergo the process of conversion in the DARbefore they may be used for other purposes. Since the DAR never approved the conversion of the Polo estate from agricultural to another use, the land was never placed beyond the scope of the CARP. The approval of the DAR for the conversion of agricultural land into an industrial estate is a condition precedent for its conversion into an e cozone. A proposed ecozone cannot be considered for Pre sidential Proclamation unless the landowner first submits to PEZA a land use c onversion clearance certificate from the DAR.
March 26, 2010 12. G.R. No. 180471 Alangilan Realty and Development Corporation vs. Office of the President FACTS: Petitioner Alangilan landholding is the owner/developer of a 17.4892-hectare land in Batangas City(). Petitioner filed an Application and/or Petition for Exclusion/Exemption from Comprehensive Agrarian Reform Program (CARP) Coverage of the Alangilan landholding with the Municipal Agrarian Reform Office (MARO) of the DAR. It averred that, in 1982, the Sangguniang Bayan of Batangas City classified the subject landholding as reserved for residential under a zoning ordinance, which was approved by the Human Settlement Regulatory Commission. It further alleged that, Sangguniang Panglungsod of Batangas approved the City Zoning Map and Batangas Comprehensive Zoning and Land Use Ordinance,reclassifying the landholding as residential-1. Petitioner thus claimed exemption of its landholding from the coverage of the C ARP.
DAR Secretary Ernesto Garilao issued an Order denying petitioner’s application for exemption. The DAR Secretary noted that, as of February 15, 1993, the Alangilan landholding remained agricultural, reserved for residential. It was classified as residential-1 only on Decem ber 12, 1994 under Sangguniang Panlalawigan Resolution No. 709, series of 1994. Clearly, the subject landholding was still agricultural at the time of the effectivity of Republic Act No. 6657, or the Comprehensive Agrarian Reform Law (CARL), on June 15, 1988. The qualifying phrase reserved for residential means that the property is still classified as agricultural, and is covered by the CARP.
Administrative Order No. 6, series of 1994 provides that "lands that are classified as commercial, industrial or residential before 15 June 1988 no longer need any conversion clearance"; as such, they are exempt from the coverage of R.A. [No.] 6657.
This Office, therefore, is convinced that the zoning classification of the Alangilan Landholding prior to 15 June 1988 was Agricultural, although with the qualification that it had been reserved for residential use. ISSUE: WON THE COURT PETITIONER’S ALANGILAN LANDHOLDING IS SUBJECT TO THE COVERAGE OF THE COMPREHENSIVE AGRARIAN REFORM L AW, NOTWITHSTANDING THAT THE PROPERTY HAS BEEN CONVERTED TO NON-AGRICULTURAL USES BY THE ZONING ORDINANCE OF THE CITY OF BATANGAS PRIOR TO THE LAW. RULING:Indeed, lands devoted to non-agricultural activity are outside t he coverage of CARL. These include lands previously converted into non-agricultural uses prior to the effectivity of the CARL on June 15, 1988. Unfortunately, petitioner failed to convince us that the Alangilan landholding ceased to be agricultural at the time of the effectivity of the CARL.
It is beyond cavil that the Alangilan landholding was classified as agricultural, reserved fo r residential in 1982, and was reclassified as residential-1 in 1994. However, contrary to petitioner’s assertion, the term reserved for residential does not change the nature of the land from agricultural to non-agricultural. As aptly explained by the DAR Secretary, the term reserved for residential simply reflects the intended land use. It does not denote that the property has already been reclassified as residential, because the phrase reserved for residential is not a land classification category. Indubitably, at the time of the effectivity of the CARL in 1988, the subject landholding was still agricultural. This was bolstered by the fact that the Sangguniang Panlalawigan had to pass an Ordinance in 1994, reclassifying the landholding as residential-1. If, indeed, the landholding had already been earmarked for residential use in 1982, as petitioner claims, then there would have bee n no necessity for the passage of the 1994 Ordinance. Not having been converted into, or c lassified as, residential before June 15, 1988, t he Alangilan landholding is, therefore, covered by the CARP. The subsequent reclassification of the landholding as residential-1 in 1994 cannot place the property outside the ambit of the CARP, because there is no showing that the DAR Secretary approved the reclassification.
13. Association of Small Landowners, et. al. vs. DAR Secretary (G.R. No. 78742, July 14, 1989)
FACTS: These are 3 cases consolidated questioning the constitutionality of the Agrarian Reform Act. Article XIII on Social Justice and Human Rights includes a call for the adoption by the State of an agrarian reform program. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. RA 3844, Agricultural Land Reform Code, had already been enacted by Congress on August 8, 1963. This was substantially superseded almost a decade later by PD 27, which was promulgated on Oct 21, 1972, along with martial law, to provide for the compulsory acquisition of private lands for distribution among tenant-farmers
and to specify maximum retention limits for landowners. On July 17, 1987, Cory issued EO 228, declaring full land ownership in favor of the beneficiaries of PD 27 and providing for the valuation of still unvalued lands covered by the decree as well as the manner of their payment. This was followed on July 22, 1987 by PP 131, instituting a comprehensive agrarian reform program (CARP), and EO 229, providing the mechanics for its implementation. Afterwhich is the enactment of RA 6657, Comprehensive Agrarian Reform Law of 1988, which Cory signed on June 10. This law, while considerably changing the earlier mentioned enactments, nevertheless gives them suppletory effect insofar as they are not inconsistent with its provisions.
Petitioners also invoke their rights not to be deprived of their property without due process of law and to the retention of their small parcels of land as guaranteed under Article XIII, Section 4 of the Constitution. He likewise argues that, besides denying them just compensation for their lands, the provisions of E.O. No. 228 declaring that: Lease rentals paid to the landowner by the farmer-beneficiary after October 21, 1972 shall be considered as advance payment for the land. is an unconstitutional taking of a vested property right. It is also his contention that the inclusion of even small landowners in the program along with other landowners with lands consisting of seven hectares or more is undemocratic.
ISSUE: WON Proc. No. 131 and E.O. No. 229 should be invalidated because they do not provide for retention limits.
HELD: NO.The argument of some of the petitioners that Proc. No. 131 and E.O. No. 229 should be invalidated because they do not provide for retention limits as r equired by Article XIII, Section 4 of the Constitution is no longer tenable. R.A. No. 6657 does provide for such limits now in Section 6 of the law, which in fact is one of its most controversial provisions. This section declares: Retention Limits. — Except as otherwise provided in this Act, no person may own or retain, directly or indirectly, any public or private agricultural land, the size of which shall vary according to factors governing a viable family-sized farm, such as commodity produced, terrain, infrastructure, and soil fertility as determined by the Presidential Agrarian Reform Council (PARC) created hereunder, but in no case shall retention by the landowner exceed five (5) hectares. Three (3) hectares may be awarded to each child of the landowner, subject to the fo llowing qualifications: (1) that he is at least fifteen (15) years of age; and (2) that he is actually tilling the land or directly managing the farm; Provided, That landowners whose lands have been covered by P residential Decree No. 27 shall be allowed to keep the area originally retained by them thereunder, further, That original homestead grantees or direct compulsory heirs who st ill own the original homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead.
15. DAR Administrative Order No. 02-03
January 16, 2003
DAR ADMINISTRATIVE ORDER NO. 02-03 SUBJECT : 2003 RULES AND PROCEDURES GOVERNING LANDOWNER RETENTION RIGHTS Pursuant to Presidential Decree (PD) No. 27, Section 6 of Republic Act (RA) No. 6657, and in view of the Supreme Court's ruling in Association of Small Landowners in the Philippines Incorporated versus Secretary of Agrarian Reform (G.R. No. 78742 [14 July 1989]) , the rules and procedures governing the exercise of retention rights under PD 27 and RA 6657 by landowners are hereby revised as follows: ARTICLE I
Preliminary Provisions SECTION 1. Coverage — These rules and procedures shall apply to all applications for retention under PD 27and RA 6657. TAScID
SECTION 2. Statement of Policies — The exercise of retention right by landowners shall be governed by the following policies:
2.1. The landowner has the right to choose the area to be retained by him which shall be compact and contiguous, and which shall be least prejudicial to the entire landholding and the majority of the farmers therein. 2.2. The landowner shall exercise the right to retain by signifying his intention to retain within sixty (60) days from receipt of notice of coverage. Failure to do so within the period shall constitute a waiver of the right to retain any area. 2.3. Upon manifestation of the landowner's intention to retain, he shall indicate the exact location thereof within thirty (30) days from manifestation date. Failure to do so shall authorize the Municipal Agrarian Reform Officer (MARO) to choose said retention area. 2.4. The landowner has the obligation to cultivate the land directly or thru labor administration and thereby make the area he retains productive.
2.5. In all cases, all rights previously acquired by the tenant farmers under PD 27 and the security of tenure of the farmers or farmworkers on the land prior to the approval of RA 6657 shall be respected. Furthermore, actual tenant farmers in the landholdings shall not be ejected or removed therefrom. 2.6. The sale, disposition, lease or transfer of private lands by the original landowner in violation ofRA 6657 shall be null and void. Transactions executed prior to RA 6657 shall be valid only when registered with the Register of Deeds within a period of three (3) months after 15 June 1988 in accordance with Section 6 of RA 6657. ARTICLE II
Exercise Of Retention Right SECTION 3.
Who May Apply for Retention
3.1. Any person, natural or juridical, who owns agricultural lands with an aggregate area of more than five (5) hectares may apply for retention area. However, a landowner who exercised his right of retention under PD 27 may no longer exercise the same right under RA 6657. Should he opt to retain five (5) hectares in his other agricultural lands, the seven (7) hectares previously retained by him shall be immediately placed under CARP coverage. 3.2. A landowner who owns five (5) hectares or less, of land which are not yet subject of coverage based on the schedule of implementation provided in Section 7 of RA 6657, may also file an application for retention and a Certification of Retention shall be issued in his favor. 3.3. The right of retention of a deceased landowner may be exercised by his heirs provided that the heirs must first show proof that the decedent landowner had manifested during his lifetime his intention to exercise his right of retention prior to 23 August 1990 (finality of the Supreme Court ruling in the case of Association of Small Landowners in the Philippines Incorporated versus the Honorable Secretary of Agrarian Reform). SECTION 4.
Period to Exercise Right of Retention under RA 6657
4.1. The landowner may exercise his right of retention at any time before receipt of notice of coverage.
4.2. Under the Compulsory Acquisition (CA) scheme, the landowner shall exercise his right of retention within sixty (60) days from receipt of notice of coverage. 4.3. Under the Voluntary Offer to Sell (VOS) and the Voluntary Land Transfer (VLT)/Direct Payment Scheme (DPS), the landowner shall exercise his right of retention simultaneously at the time of offer for sale or transfer. SECTION 5. Where to File Application — Any duly completed application for retention may be filed with the office of the Regional Director or the Provincial Agrarian Reform Officer (PARO). The receiving office shall forward the application to the MARO with jurisdiction over the landholding after assigning a docket number. SECTION 6. Waiver of the Right of Retention. — The landowner waives his right to retain by committing any of the following act or omission:
6.1. Failure to manifest an intention to exercise his right to retain within sixty (60) calendar days from receipt of notice of CARP coverage. 6.2. Failure to state such intention upon offer to sell or application under the VLT/DPS scheme. 6.3. Execution of any document stating that he expressly waives his right to retain. The MARO and/or PARO and/or Regional Director shall attest to the due execution of such document. 6.4. Execution of a Landowner Tenant Production Agreement and Farmer's Undertaking (LTPA-FU) or Application to Purchase and Farmer's Undertaking (APFU) covering subject property. 6.5. Entering into a VLT/DPS or VOS but failing to manifest an intention to exercise his right to retain upon filing of the application for VLT/DPS or VOS. 6.6. Execution and submission of any document indicating that he is consenting to the CARP coverage of his entire landholding. 6.7. Performing any act constituting estoppel by laches which is the failure or neglect for an unreasonable length of time to do that which he may have done earlier by exercising due diligence, warranting a presumption that he abandoned his right or declined to assert it. ARTICLE III
Award Of Retention Area SECTION 7. Criteria/Requirements for Award of Retention — The following are the criteria in the grant of retention area to landowners:
7.1.
The land is private agricultural land;
7.2. The area chosen for retention shall be compact and contiguous and shall be least prejudicial to the entire landholding and the majority of the farmers therein; TSHEIc
7.3. The landowner must execute an affidavit as to the aggregate area of his landholding in the entire Philippines; and 7.4. The landowner must submit a list of his children who are fifteen (15) years old or over as of 15 June 1988 and who have been actually cultivating or directly managing the farm since 15 June 1988 for identification as preferred beneficiaries, as well as evidence of such. 7.5. The landowner must execute an affidavit stating the names of all farmers, agricultural lessees and share tenants, regular farmworkers, seasonal farmworkers, other farmworkers, actual tillers or occupants, and/or other persons directly working on the land; if there are no such persons, a sworn statement attesting to such fact. SECTION 8. Retention Area — The area allowed to be retained by the landowner shall be as follows:
8.1. Landowners covered by PD 27 are entitled to retain seven (7) hectares, except those whose entire tenanted rice and corn lands are subject of acquisition and distribution under Operation Land Transfer (OLT). An owner of tenanted rice and corn lands may not retain those lands under the following cases: 8.1.1. If he, as of 21 October 1972, owned more than twenty-four (24) hectares of tenanted rice and corn lands; or 8.1.2. By virtue of Letter of Instruction (LOI) No. 474, if he, as of 21 October 1976, owned less than twenty-four (24) hectares of tenanted rice and corn lands but additionally owned the following: 8.1.2.1. other agricultural lands of more than seven (7) hectares, whether tenanted or not, whether cultivated or not, and regardless of the income derived therefrom; or
8.1.2.2. lands used for residential, commercial, industrial or other urbanpurposes from which he
derives a dequate income to support himself and his family. 8.2. Landowners affected by PD 27 who filed their applications for retention before 27 August 1985, the deadline set by the DAR AO No. 1, Series of 1985, may retain not more than seven (7) hectares of their landholdings regardless of whether or not they complied with LOI 41, 45, and 52. 8.3. Also entitled to such seven (7) hectare retention area under PD 27 are landowners who filed their application after 27 August 1985 but complied with LOI 41, 45, and 52, which provide for the submission of sworn statements containing the following information: 8.3.1. List of agricultural lands owned by him throughout the country, indicating therein the area and location of each parcel; 8.3.2. Principal crops to which each parcel of land is devoted. For those areas devoted primarily to rice and/or corn, the landowners shall indicate: 8.3.2.1. tenants;
the portions actually cultivated by
8.3.2.2.
the names of such tenants; and
8.3.2.3. the area tilled by each tenant as of 21 October 1972; 8.3.3. The average gross harvest of each tenant (on a parcel of rice/corn land) during the three (3) crop years immediately preceding 21 October 1972; and 8.3.4. Liens and/or encumbrances, if any, the amounts thereof, and the names and addresses of the parties who have liens and/or encumbrances over such properties as of 21 October 1972. 8.4. Landowners who filed their applications after the 27 August 1985 deadline and did not comply with LOI 41, 45, and 52 shall be entitled only to a maximum of five (5) hectares as retention area.
8.5. Landowners who failed to apply for retention under PD 27, and who did not comply with the 27 August 1985 deadline, shall be allowed to retain a maximum of five (5) hectares in accordance with RA 6657 except those who under PD 27 are disqualified to retain: 8.5.1. If he, as of 21 October 1972, owned more than twenty-four (24) hectares of tenanted rice and corn lands; or 8.5.2. By virtue of Letter of Instruction (LOI) No. 474, if he, as of 21 October 1972, owned less than twenty-four (24) hectares of tenanted rice and corn lands but additionally owned the following: 8.5.2.1. other agricultural lands of more than seven (7) hectares, whether tenanted or not, whether cultivated or not, and regardless of the income derived therefrom; or 8.5.2.2. lands used for residential, commercial, industrial or other urban purposes from which he derives adequate income to support himself and his family. 8.6 A landowner whose landholdings are covered under CARP may retain an area of not more than five (5) hectares thereof. In addition, each of his children, whether legitimate, illegitimate, or legally adopted, may be awarded an area of not more than three (3) hectares as preferred beneficiary, provided that the child is at least fifteen (15) years old as of 15 June 1988 and that he is actually tilling the land or directly managing the farmholding from 15 June 1988 up to the filing of the application for retention and/or the time of the acquisition of the landholding under CARP. 8.7. The original homestead grantees or their direct compulsory heirs who still own the original homestead at the time of the approval of RA 6657may retain the same area as long as they continue to cultivate the said homestead. 8.8. For marriages covered by the New Civil Code, in the absence of the agreement for the judicial separation of property, spouses who own only conjugal properties may retain a total of not more than five (5) hectares of such properties. However, if either or both of them are landowners in their respective rights (capital and/or paraphernal), they may retain not more than five
(5) hectares of their respective landholdings. In no case, however, shall the total retention of such couple exceed ten (10) hectares. 8.9. For marriages covered by the Family Code, which took effect on 3 August 1988, a husband owning capital property and/or a wife owning a paraphernal property may retain not more than five (5) hectares each, provided they executed a judicial separation of properties prior to entering into such marriage. In the absence of such an agreement, all properties (capital, paraphernal and conjugal) shall be considered to be held in absolute community, i.e., the ownership relationship is one, and, therefore, only a total of five (5) hectares may be retained. cDCEHa
ARTICLE IV
Effects Of The Exercise Of Retention Right SECTION 9.
When Retained Area is tenanted
9.1. In case the area selected by the landowner or awarded for retention by the DAR is tenanted, the tenant shall have the option to choose whether to remain therein as lessee or be a beneficiary in the same or another agricultural land with similar or comparable features. 9.2. In case the tenant declines to enter into leasehold and there is no available land to transfer, or if there is, the tenant refuses the same, he may choose to be paid disturbance compensation by the landowner in such amount as may be agreed between the parties taking into consideration the improvements made on the land. However, in no case shall the agreed amount be less than five (5) times the average gross harvest on their landholding during the last five (5) preceding calendar years pursuant to Section 36 of RA 3844, as amended by Section 7 of RA 6389. If the parties fail to agree on the amount of disturbance compensation, either party may file a petition for fixing disturbance compensation with the appropriate Provincial Agrarian Adjudicator (PARAD). In the latter case, the petitioner must show proof that earnest efforts were exerted by the parties to fix the amount of disturbance compensation, which efforts proved unsuccessful, before the same was filed with the PARAD. The tenant shall not be dispossessed or ejected from the landholding, unless disturbance compensation is paid and proof thereof is submitted to the MARO.
9.3. The tenant must exercise his option within one (1) year from the time the landowner manifests his choice of the area for retention, or from the time the MARO has chosen the area to be retained by the landowner, or from the time an order is issued granting the retention. 9.4. In case the tenant chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be an Agrarian Reform Beneficiary (ARB) under CARP. In this case, the required lease agreement shall be executed in accordance with relevant issuances on the matter. 9.5. The provisions on preemption and redemption under RA 3844, as amended, shall apply to the lessee. ARTICLE V
Operating Procedures SECTION 10. Responsibilities of the MARO — In the processing of applications for retention, the MARO shall have the following responsibilities:
10.1. Determine whether or not the original homestead grantees or their direct compulsory heirs still own and actually cultivate the homestead land, when applicable. 10.2. Conduct field verification and investigation, together with the landowner or his authorized representative, to determine the following: 10.2.1. Landholding of the landowner in relation to his application for retention; 10.2.2. Qualifications of the applicant and their children as their compulsory heirs; 10.2.3. Tenants, farmworkers and/or actual occupants within subject landholding; and 10.2.4. retention.
Other factors relevant to the application for
10.3. Notify all tenants, farmworkers and/or actual occupants of the schedule of all conferences/dialogues regarding said application for retention. 10.4. Identify and facilitate the necessary land transfer for tenants opting to be beneficiaries in another landholding of the same landowner with similar or comparable features.
10.5. Identify the tenants opting to be leaseholders and facilitate the execution of the corresponding leasehold contracts. 10.6. Preside over the negotiations between the tenant/beneficiaries in the determination of disturbance compensation should the tenants/beneficiaries opt to accept the same from the landowner. 10.7. Prepare a sketch plan of the area to be retained by the landowner in coordination with the Department of Environment and Natural Resources (DENR). 10.8. Prepare a Retention Folder indicating therein his findings and recommendations and submit the same to the PARO. 10.9. Identify prime agricultural areas owned by landowners who waived their right to choose which area to retain or those who waived their right to exercise the right of retention using the following factors: 10.9.1.
Commodity produced;
10.9.2.
Terrain;
10.9.3.
Infrastructure available; and
10.9.4.
Soil fertility.
10.10. Notify the landowner, through personal service with proof of receipt or by registered mail with return card, the portion selected as his retention area upon failure of the landowner to exercise his right of retention within the period specified in these Rules. SECTION 11. Responsibilities of the PARO — The PARO, on the other hand, shall have the following responsibilities:
11.1. Review and evaluate the report and recommendations submitted by the MARO. 11.2. If the Retention Folder is in order, forward the same, together with his findings and recommendations, to the Regional Director for appropriate action. Otherwise, return the same to the MARO for appropriate action. The PARO may conduct his own field investigation and conferences/dialogues. HESIcT
11.3. Upon receipt of the Retention Folder and the Order of Approval from the Regional Director, the PARO shall segregate the appropriate retained area in coordination with the DENR. The DENR shall furnish the Regional Director four (4) copies for
distribution to the PARO, MARO, Register of Deeds, landowner and other concerned parties. 11.4. Conduct the final survey of the area and draft a Certificate of Retention. 11.5. On the basis of the owner's duplicate copy of title, approved segregation plan, and technical description, request the Register of Deeds to prepare two (2) separate titles: (1) Landowner's title for the landholding covered by compulsory acquisition, voluntary offer to sell or voluntary land transfer/direct payment scheme, as the case may be; and (2)
Landowner's title for the retained area;
and request the Register of Deeds to prepare another title in the name of the Republic of the Philippines for lands covered by CA and VOS. SECTION 12. Responsibilities of the Regional Director — The Regional Director shall have the following responsibilities:
12.1. Review and evaluate the documents submitted by the PARO. If the documents are in order, issue an Order of Approval attaching the sketch plan of the retained area. The Order of Approval shall specify that the retained area is subject to a final survey to be conducted by the PARO. Otherwise, issue an Order of Denial; and 12.2. Forward the Order of Approval or Denial, as the case may be to the PARO for distribution to the concerned parties. 12.3. Forward copies of all orders of approvals or denials to the BLAD for the purpose of creating a database on all lands subject of retention and landowners who already exercised retention rights. The Bureau of Land Acquisition and Distribution (BLAD) shall also periodically monitor if any person had applied for or been granted retention more than once in any other region in the Philippines based on its records. 12.4. Issue a Certificate of Retention. SECTION 13. Decision of the Regional Director — The decision of the Regional Director approving or disapproving the application for retention shall become final after fifteen (15) days from receipt of the decision, unless duly appealed to the DAR Secretary pursuant to the Rules of Procedure for Agrarian Law Implementation (ALI) cases.
ARTICLE VI
Final Provisions SECTION 14. Transitory Provision — All pending applications for retention shall be processed in accordance with the procedures provided herein. Within ninety (90) days from effectivity of this Order, all Regional Offices shall submit an inventory of all past and present pending cases involving retention in accordance with the format to be prepared by the BLAD within fifteen (15) days from the date of this Order. SECTION 15. Repealing Clause — This Order modifies or repeals DAR Administrative Order No. 11, Series of 1990 , Administrative Order No. 4, Series of 1991, Administrative Order No. 5, Series of 2000 , and all other administrative issuances inconsistent herewith. SECTION 16. Separability Clause — In the event that any of the provisions of this Order is declared unconstitutional or illegal, the validity of the other provisions shall not be affected by said declaration. SECTION 17. Effectivity — This Order shall take effect ten (10) days after its publication in two (2) national newspapers of general circulation. Diliman, Quezon City, 16 January 2003.
(SGD.) HERNANI A. BRAGANZA Secretary Published in two (2) national newspapers of general circulation: 1. 2.
THE PHILIPPINE DAILY INQUIRER BUSINESS WORLD
Date of Publication — January 28, 2003 REPUBLIC OF THE PHILIPPINES _____________________________ SWORN APPLICATION FOR RETENTION UNDER REPUBLIC ACT 6657 I, _____________________________, of legal age (or acting thru the representation of a guardian who is of legal age), after having been duly sworn to in accordance with law, hereby depose and state that I am exercising my right of retention, for myself and/or in behalf of my co-owners, under Section 6 of Republic Act (RA) No. 6657, known as the Comprehensive Agrarian Reform Law (CARL) of 1988. I hereby submit the following information: TSEcAD
Address: _________________________________________________ Citizenship: ______________ Civil Status: [ ] single Birth Date: ______________ [ ] married Birth Place: ______________ [ ] legally separated [ ] widow/widower The description of the parcel of land which is the subject of this application is as follows: Area in hectares: Street / Road / access: Sitio / Purok / vicinity: Barangay: Municipality: Province / City: Title (if any): Registered owner/s:
___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________
___________________________________________ ___________________________________________ ___________________________________________
I own _______ percent of the above parcel of land. The name/s of my co-owner/s (if any) is/are: ______________________________________________________________ Aware of the consequences of a possible criminal prosecution for perjury, I hereby state under oath that the total area of my aggregate landholdings in the entire Philippines is ______________ hectares. This area:
[ ] Includes the land which is the subject matter of this application for retention. [ ] Does not include the land which is the subject matter of this application for retention. The following is a brief description of all my landholdings in the entire Philippines: LOCATION Classification Barangay/Municipality/Province declaration
AREA
Original
or
Transfer
Certificate of Title and
Land per latest tax
Latest Tax Declaration ________________________ ___
______
__________________ _______________
________________________ ___
______
__________________ _______________
________________________ ___
______
__________________ _______________
________________________ ___
______
__________________ _______________
________________________ ___
______
__________________ _______________
I state under oath that:
[ ] This application is in response to a NOTICE OF COVERAGE from the Department of Agrarian Reform (DAR). The name of the Municipal Agrarian Reform Officer (MARO) who issued the notice of coverage is: __________________________________ Date when I / we received the notice of coverage: ________________ [ ] I am (we are) not aware of the existence of any notice of coverage from the DAR that may in anyway affect the land which is the subject matter of this application for retention. Are there tenants within the retention area?
[ ]
NO
[ ]
YES. Their names are: ________________________________________________________ ________________________________________________________
Are there occupants within the retention area?
[ ]
NO
[ ]
YES. Their names are: ________________________________________________________ ________________________________________________________
OCCUPANCY INFORMATION USE SEPARATE SHEET IF NECESSARY NAME OF OCCUPANT CROPS
STATUS OF OCCUPANCY
GROWING
(Use the classification given on
EXISTING
STRUCTURES ____________________ ____
the previous page) _______________________
_________________
____________________ ____
_______________________
_________________
____________________ ____
_______________________
_________________
____________________ ____
_______________________
_________________
____________________ ____
_______________________
_________________
DESCRIPTION OF AREA SURROUNDING THE RETENTION AREA: LAND COVER crop, grass, structure, or
LAND USE
AREA Hectares
REMARKS Specify type of
crops, any other relevant info level,
productivity any other
or
relevant info NORTH
__________________
_________
_______
______________
__________________
_________
_______
_____________
SOUTH
__________________
_________
_______
______________
WEST
__________________
_________
_______
______________
_____ EAST ______ _____ _____ COMPLETE NAMES OF ALL CHILDREN AS (whether legitimate or otherwise) (Start from eldest to youngest) mark)
BIRTH DATES
NOMINATE BENEFICIARY? (Write a check YES
________________________________________________
______________
________________________________________________
______________
________________________________________________
______________
________________________________________________
______________
________________________________________________
______________
PREVIOUS LAND SALES WHERE THE APPLICANT WAS A S ELLER OR BUYER:
NO
ORIGINAL CERTIFICATE OF TITLE OF TRANSFER CERTIFICATE OF TITLE REGISTRATION IN TAX DECLARATION HECTARES
ADDRESS OR LOCATION SALE
DATE AREA
______________________________________________________ ______________ _________ ______________________________________________________ ______________ _________ ______________________________________________________ ______________ _________ ______________________________________________________ ______________ _________ ______________________________________________________ ______________ _________ CHECK IF AVAILABLE AND ATTACH PHOTOCOPIES OF THE FOLLOWING:
[ ] MAP of the entire property with a delineation or shading or any general indication of the area which I wish to retain. cSEaTH Person who made the map: [ ] Geodetic Engineer. ________________ [ ] Others. ________________
Name: Please specify:
[ ] SKETCH MAP of the entire property with a delineation or shading or any general indication of the area which I wish to retain. [ ] I undertake to submit the necessary map within thirty (30) days from today. I hereby certify under oath that I/we have not theretofore commenced any other action or proceeding involving the same land or issue in any court, tribunal, or quasi-judicial agency; to the best of my/our knowledge, no such action or proceeding is pending in any court, tribunal, or quasi-judicial agency; if there is any action or proceeding which is either pending or may have been terminated, I/we shall state the status thereof; and if I/we thereafter learns that a similar action or proceeding has been filed or is pending before any court, tribunal, or quasi-judicial agency, I/we undertake to report that fact within five (5) days therefrom to the DAR office where the case is pending.
_____________________________ ________ LANDOWNER/APPLICANT REPRESENTATIVE
_________________________________
TIN:
TIN:
_________________
Community Tax Certificate
LANDOWNER/APPLICANT _________________
Community Tax Certificate
Number:
_________________
Number:
_________________
Place:
_________________
Place:
_________________
Date:
_________________
Date:
_________________
_____________________________ ________ LANDOWNER/APPLICANT REPRESENTATIVE
_________________________________
TIN:
TIN:
_________________
Community Tax Certificate
LANDOWNER/APPLICANT _________________
Community Tax Certificate
Number:
_________________
Number:
_________________
Place:
_________________
Place:
_________________
Date:
_________________
Date:
_________________
SUBSCRIBED and SWORN to before me this __________________________ 200__ in _________________________________ personally appeared the above, known to me and to me known to be the person(s) who executed this SWORN APPLICATION FOR RETENTION after exhibiting to me his/her/their respective Tax Identification Number (TIN) and Community Tax Certificate, and he/she/they acknowledge the voluntary execution of this sworn application and full comprehension of its legal conseq uences. Document Page Book Series of
____ ____ ____ 200_
Fill in the blanks or write a check mark in the appropriate brackets "[ ]". Any false statement in this application or attachment thereto shall be a ground for outright denial of the application and criminal prosecution for perjury. Any portion left blank is equivalent to a sworn statement by the applicant that the information for the blank line is "N/A" or "Not Applicable", which, if found to be otherwise, shall be subject to criminal prosecution.
