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OIC-Regional Director - issued an Order granting petitioners applications for retention; directing heirs
to make the segregation of retainable area and initiate cancellation of emancipating pantent(s), if any
has been issued.
DAR Secretary - issued an Order setting aside Order of Regional Director. DAR Sec, found that each
compulsory heir owns
5.5 has. representing their 1/9 share of property and
other landholdings presumably used either as residential, commercial, industrial or other urban
purposes located in Makati and manila
landowners who own lands devoted to non-agricultural purposes are presumed to derive
adequate income therefrom to support themselves and their families.
CA dismissed petition for review by petitioners for lack of merit. Administrative Order No. 4 of 1991
and Letter of Instruction No 474 restricts the right of retention of landowners.
W/N petitioners right to retention of portions of their landholdings is not foreclosed by any vested
ISSUE:
right that private respondents may claim
HELD: No
Section 6 of RA No. 6657, while providing for a right of retention of five hectares, does not prescribe
the limitation or conditions provided for in LOI No. 474.
Administrative Order No 4, series of 1991, provided that: An owner of tenanted rice and corn lands
may not retain these lands under the ff cases:
1. If he, as of 21 October 1972, owned more than 24 hectares of tenanted rice and corn lands; or by
virtue of LOI 474, if he, as of 21 October 1976, owned less than 24 hectares of tenanted rice or
corn lands, but additionally owned the following:
2. Other agricultural lands of more than seven hectares, whether tenanted or not, whether
cultivated or not, and regardless of the income derived therefrom; or
3. Lands used for residential, commercial, industrial, or other urban purposes, from which he
derives adequate income to support himself and his family.
Petitioners Contention SC Answer
Section 6 of RA No. 6657 does not provide In Association of Small Landowners in the Philippines,
for the limitation or exception to the Inc. v. Secretary of Agrarian Reform, this Court upheld
exercise of retention rights previously the validity of LOI No. 474.
found in LOI No. 474 those parts of the
section amended, which are omitted in ..Every presidential issuance, by whatever name it was
the amendments, are deemed repealed. called, had the force and effect of law because it came
LOI No. 474 is inconsistent with the from President Marcos.
RULING: