February 27, 1985

MINISTRY ADMINISTRATIVE ORDER NO. 01-85

SUBJECT    :     Providing for a Cut-Off Date for Landowners to Apply for Retention and/or Protest the Coverage of their Landholdings Under Operation Land Transfer Pursuant to P.D. No. 27.

                 Pursuant to the Provisions of P.D. No. 27, tenant-farmers of private agricultural lands primarily devoted to rice and corn shall be deemed owners of a portion constituting a family-size farm of five (5) hectares of not irrigated and three (3) hectares if irrigated. On the other hand, landowners may retain an area of not more than seven (7) hectares, if such landowner is cultivating such area or will now cultivate it.

            Under LOI No. 474, small landowners of tenanted rice/corn lands with areas of less than twenty-four (24) hectares may retain not more than seven hectares of such lands except when they own other agricultural lands containing more than seven (7) hectares or lands used for residential, commercial, industrial or other urban purposes from which they derive adequate income to support themselves and their families.

            The Ministry of Agrarian Reform has issued open letters and notices to landowners and/or their representatives as early as 1973 informing them about the coverage of their properties pursuant to P.D. 27 and giving them sufficient time to file their applications for retention. After more than twelve (12) years of Operation Land Transfer implementing the mandate of P.D. 27, such time is hereby considered more than sufficient for landowners to have exercised their right of retention and/or to have protested land transfer coverage of their landholdings.

            Pursuant to the authority vested on the Minister of Agrarian Reform promulgate rules and regulations for the implementation of P.D. 27, the following are hereby issued for the guidance of all concerned;

            SECTION 1.   All tenanted rice and corn lands placed under the land transfer program of the government pursuant to P.D. No. 27 by the Ministry of Agrarian Reform shall be considered final if no written protest and/or application for retention is filed by the landowner concerned within six (6) months from the date of this Administrative Order, provided such landowner has not signed the Landowner-Tenant Production Agreement-Farmers Undertaking (LTPA-FU) or filed the corresponding land transfer claim.

            SECTION 2.   The protest and/or application for retention which must be under oath shall be filed personally or by registered mail with the Agrarian Reform Team Office within whose jurisdiction the affected landholding is situated.

            SECTION 3.   Protests or applications filed with any Office of the Ministry of Agrarian Reform before the effectivity of this Administrative Order shall be deemed filed for purposes of this Order.

            SECTION 4.   All circulars and memoranda contrary to or inconsistent herewith are hereby repealed or modified accordingly.

            SECTION 5.   This administrative order shall take effect immediately.

            Diliman, Quezon City, February 27, 1985.

(SGD.) CONRADO F. ESTRELLA
Minister