August 14, 1996
DAR OPINION NO. 65-96
Mr. Albert C. Roldan
#55 Sydney St.
B.F. Homes, Las Pinas
Metro Manila
Dear Mr. Roldan:
This refers to your request for opinion the 5-hectare retention of landowners, specifically on the requirement that the same be contiguous.
Your instant request is made in connection with a landholding that was divided by a road constructed by the DPWH. you wish to be clarified on whether the landowner may exercise retention on the two lots separated by said road, without violating the requirement that the retention be contiguous.
At the outset, we wish to clarify that the intent of the provision in paragraph 2 Section 6 of RA No. 6657 (The Comprehensive Agrarian Reform Law or CARL) requiring the retention area to be compact or contiguous is intended to prevent the selection by the landowner of patches or portions from his agricultural lands to complete his retained area, to the prejudice of the farmer-beneficiaries. Otherwise stated, the law requires that when the landowner chooses the area to be retained by him, it should not consist of portions or patches of his different agricultural lands, but rather should, as far as practicable, constitute a separate landholding.
Please be further clarified that the right of the landowner to retain a maximum of 5 hectares of his agricultural lands subsists, even though his lands consist of separate parcels of less than five hectares each. In such a case, although his lands may not be contiguous, he may choose separate parcels as his retention, to complete the 5-hectare limit. For example, a landowner who owns three non-contiguous parcels of agricultural lands with areas of 1.5 hectares, 1.8 hectares and 3.8 hectares, respectively, may retain 5 hectares from said landholdings, subject, however, to the requirement that the areas chosen would not be prejudicial to the farmer-beneficiaries.
With specific reference to the landholding subject of your query, the fact that the same is not contiguous will not necessarily prevent the landowner from exercising retention thereon, provided that said selection would not be to the prejudice of the farmer-beneficiary. In this connection, please be informed that it is the Regional Director who approves the area chosen for retention. We therefore advise that you file your application, following the guidelines prescribed under DAR Administrative Order No.11, Series of 1990 (copy attached for reference).
We hope to have clarified matters for you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA