October 15, 1996

DAR OPINION NO. 93-96

Mrs. Purita L. Cabochan

No. 6 Road 32, Project 6

Quezon City

Dear Mrs. Cabochan:

This has reference to your letter seeking for an opinion on whether it is legally feasible for the landowners after they have exercised their right of retention in a particular area to later rescind it and instead opt to retain an area not legally titled or owned by them.

As gleaned from your letter, you and your sister Luz Lim are co-owners of a 47.468 hectare agricultural land which you inherited from your grandmother, situated at Danao, Irosin, Sorsogon; that your two (2) sons, Justo Cabochan and Victor Cabochan are likewise co-owners of a 21.37 hectare agricultural land, situated at Mapaso, Irosin, Sorsogon; that being landowners you exercised the right of retention pursuant to Section 6 of R.A. 6657 (Comprehensive Agrarian Reform Law), with you choosing a parcel of land situated at Danao, Irosin, Sorsogon while your two (2) sons exercising their right of retention at Mapaso, Irosin, Sorsogon; and that thereafter you together with your two sons have mutually agreed to execute a Deed of Exchange for the reason that the property which your two sons have initially chosen as their retained area at Mapaso, Irosin, Sorsogon is not as accessible and productive as the property at Danao, Irosin, Sorsogon.

Please be informed that Section 6 of RA. 6657 (par. 2) expressly provides that the right to choose the area to be retained; which shall be compact or contiguous, shall pertain to the landowner. Stated differently, the right of the landowner to choose landholdings which they intend to retain is a recognized right and is no longer open to doubt or controversy. As such, the exercise of this right cannot be curtailed unless the rights of the tenants are prejudiced. In other words, while your two sons can legally exercise the right of retention, the same must be confined only to landholdings which belong to them. It cannot extend to landholdings whose ownership belongs to different persons because the law restricts the landowner's right of retention to their own landholding.

We hope to have clarified matters with you.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

The Provincial Agrarian Reform Officer

DAR, Balogo, Sorsogon

Sorsogon

The Municipal Agrarian Reform Officer

Irosin, Sorsogon