The Comprehensive Agrarian Reform Program (CARP), under RA 6657, redistributes agricultural land to landless farmers and farmworkers, but it also protects a landowner's right to retain a portion of their land. The retention limit is generally five hectares: a landowner covered by CARP has the right to retain an area of not more than five (5) hectares of their agricultural land. In addition, each child of the landowner may be awarded up to three (3) hectares, provided that the child is at least fifteen years old as of a reference date and is actually tilling the land or directly managing the farm. The right of retention is a constitutional and statutory protection meant to balance social justice for farmers with the landowner's property rights. The landowner has the right to choose the area to be retained, which should be compact or contiguous, subject to the rules, though the tenant has a corresponding choice to remain in the retained area as a leaseholder or to be a beneficiary in another agricultural land. Certain lands and landowners have special rules, and the exercise of retention must comply with the procedures before the Department of Agrarian Reform. Land awarded to agrarian reform beneficiaries is covered by restrictions, including a prohibition on selling, transferring, or conveying the awarded land within a period (generally ten years) except by hereditary succession or to the government or the Land Bank. So under CARP, a covered landowner may retain up to five hectares, with an additional three hectares possible for each qualified child, while the redistributed land carries transfer restrictions.
The Five-Hectare Retention Right
Under CARP (RA 6657), a covered landowner may retain up to five (5) hectares of their agricultural land — a constitutional and statutory protection balancing social justice with property rights.
Additional Award to Children
Each child of the landowner may be awarded up to three (3) hectares, provided the child is at least fifteen years old as of the reference date and is actually tilling or directly managing the farm.
Choosing the Area and Transfer Limits
The landowner chooses the retained area (compact/contiguous), while the tenant may stay as leaseholder or be a beneficiary elsewhere. Awarded land generally cannot be sold or transferred for ~10 years, except by succession or to the government/Land Bank.
Practical Takeaways
- A covered landowner may retain up to 5 hectares;
- Each qualified child may get up to 3 hectares;
- Awarded land has a ~10-year transfer restriction.
Frequently Asked Questions
How much land can a landowner keep under agrarian reform? Generally up to five hectares. A landowner covered by CARP has the right to retain an area of not more than five hectares of their agricultural land.
Can the landowner's children also get land? Yes. Each child may be awarded up to three hectares, provided the child is at least fifteen years old as of the reference date and is actually tilling the land or directly managing the farm.
Who chooses which area is retained? The landowner has the right to choose the area to be retained, which should be compact or contiguous, subject to the rules, while the tenant may choose to remain as a leaseholder or be a beneficiary in another agricultural land.
Can agrarian reform land be sold? Generally not within a period, usually ten years, from the award. Land awarded to beneficiaries cannot be sold, transferred, or conveyed except by hereditary succession or to the government or the Land Bank.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.