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PD27 Vs RA6657

This document discusses the distinctive features of PD27 and RA6657 regarding exemption and retention rights under Philippine agrarian reform laws. It notes that PD27 implemented land transfer programs for tenanted rice and corn lands, allowing landowners to retain up to 7 hectares as long as their total landholding did not exceed 24 hectares. It also states that exemption and retention are distinct remedies and exercising one does not preclude the other. Landowners may exercise retention rights under RA6657 even if they did not under PD27. The document outlines several ways a landowner can waive their right of retention, including through affidavits waiving retention or agreements involving voluntary land transfers.

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Russ Tuazon
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156 views

PD27 Vs RA6657

This document discusses the distinctive features of PD27 and RA6657 regarding exemption and retention rights under Philippine agrarian reform laws. It notes that PD27 implemented land transfer programs for tenanted rice and corn lands, allowing landowners to retain up to 7 hectares as long as their total landholding did not exceed 24 hectares. It also states that exemption and retention are distinct remedies and exercising one does not preclude the other. Landowners may exercise retention rights under RA6657 even if they did not under PD27. The document outlines several ways a landowner can waive their right of retention, including through affidavits waiving retention or agreements involving voluntary land transfers.

Uploaded by

Russ Tuazon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DISTINCTIVE FEATURES OF PD27 AND RA6657, EXEMPTION DISTINGUISHED FROM RETENTION

> PD27 implemented the Operation Land Transfer Program—covers tenanted rice and corn lands

> The requisites for coverage under the Operation Land Transfer program are the following—

o The land must be devoted to rice or corn crops

o 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 doesn’t exceed 24 hectares

> Consequently, a landowner may keep his whole covered land if its aggregate size doesn’t 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 doesn’t 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 haven’t 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 farmerbeneficiaries. 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 government’s agrarian reform program are subject to the exercise of
the landowner who is qualified to the right of retention

> The issuance of emancipation patents or certificates of land transfers doesn’t absolutely bar the
landowner from retaining the area covered thereby

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 farmer’s undertaking or application for
purchase and farmer’s 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

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