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