Right of Retention, Landowner's Rights in Agrarian Reform

Archbishop's arguments, while novel, must fail in the face of the law and the dictates of the 1987 Constitution.

The laws simply speak of the landowner without qualification as to under what title the land is held or what rights to the land the landowner may exercise. There is no distinction made whether the landowner holds naked title only or can exercise all the rights of ownership. Archbishop would have the Supreme Court read deeper into the law, to create exceptions that are not stated in PD 27 and RA 6657, and to do so would be to frustrate the revolutionary intent of the law, which is the redistribution of agricultural land for the benefit of landless farmers and farmworkers.

Archbishop was found to be the registered owner of the lands in question, and does not contest that fact. For the purposes of the law, this makes him the landowner, without the necessity of going beyond the registered titles. He cannot demand a deeper examination of the registered titles and demand further that the intent of the original owners be ascertained and followed. To adopt his reasoning would create means of sidestepping the law, wherein the mere act of donation places lands beyond the reach of agrarian reform.

There can be no claim of more than one right of retention per landowner. Neither PD 27 nor RA 6657 has a provision for a landowner to exercise more than one right of retention. The law is simple and clear as to the retention limits per landowner. PD 27 states, In all cases, the landowner may retain an area of not more than seven (7) hectares if such landowner is cultivating such area or will now cultivate it; while RA 6657 states:
SEC. 6. Retention Limits.Except as otherwise provided in this Act, no person may own or retain, directly, any public or private agricultural land, the size of which shall vary according to factors governing a viable family-sized farm, such as commodity produced, terrain, infrastructure, and soil fertility as determined by the Presidential Agrarian Reform Council (PARC) created hereunder, but in no case shall the retention by the landowner exceed five (5) hectares. Three (3) hectares may be awarded to each child of the landowner, subject to the following qualifications: (1) that he is at least fifteen (15) years of age; and (2) that he is actually tilling the land or directly managing the farm: Provided, That landowners whose lands have been covered by Presidential Decree No. 27 shall be allowed to keep the area originally retained by them thereunder; Provided, further, That original homestead grantees or direct compulsory heirs who still own the original homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead. Nothing in either law supports Archbishops claim to more than one right of retention on behalf of each cestui que trust. The provisions of PD 27 and RA 6657 are plain and require no further interpretationthere is only one right of retention per landowner, and no multiple rights of retention can be held by a single party. Furthermore, the scheme proposed by Archbishop would create as many rights of retention as there are beneficiaries, which could in effect protect the entire available land area from agrarian reform.Under Archbishops reasoning, there is not even a definite landowner to claim separate rights of retention, and no specific number of rights of retention to be claimed by the landowners. There is simply no basis in the law or jurisprudence for his argument that it is the beneficial ownership that should be used to determine which party would have the right of retention. (G.R. No. 139285; December 21, 2007)