September 22, 1994

DAR OPINION NO. 78-94

MR. GERARDO M. SALDAÑA

35 Road 7, Project 6

Quezon City

Dear Mr. Saldaña:

This refers to your request that you be allowed to exercise retention over certain parcels of coconut land pursuant to Section 6 of RA 6657. As stated in your letter, you bought the possessory rights of said coconut lands from the former bona-fide occupants and cultivators, with intentions of acquiring them under our land laws. However, no title has been issued in your name and said lands are now subject to distribution under CARL.

We regret to inform you that since retention under Sec. 6 of RA 6657 can be exercised only by landowners with respect to the properties owned by them, and the coconut lands you wish to retain are public lands, your request would have no legal basis.

We hope we have clarified the matter for you.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office

Copy furnished:

The Regional Director

DAR Region IV

Pasig, Metro Manila

IBRA D. OMAR

Chief, Legal Division

DAR Region IV, Pasig

Metro Manila

Ms. Toni Teresa Santos

DAR Provincial Agrarian Reform Office

Capitol Bldg., Lucena City

Mario Rosell

DAR Provincial Office

Talipan, Pagbilao, Quezon