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Retention Limits in Philippines Agrarian Land Reform
- Maximum Area, General Rule - Landowners are entitled to retain not more than five hectares. Three hectares may be awarded to each child of the landowner who is at least fifteen years old as of June 15, 1988 and actually tilling the land or directly managing the farm.
- Exemptions - The following landowners may be allowed bigger retention :
- Landowners whose lands were covered by then Presidential Decree 27 shall be allowed to keep the original seven hectares retained by them.
- Original homestead grantees or direct compulsory heirs who still own the original homestead shall retain the same areas as long as they continue to cultivate said areas.
- Retention by Spouses :
- For marriages covered by the Civil Code - In the absence of an agreement for absolute separation of property before the marriage, spouses who own only conjugal properties may retain a maximum of five hectares from such properties. However, if either or both of them are landowners in their respective rights (meaning the husband and the wife own capital and paraphernal lands, respectively), each of them may retain a maximum o five hectares from their respective lands, but in no case shall the total retention of said couple exceed ten hectares.
- For marriages covered by the Family Code (August 3, 1988) - if the spouses executed an agreement for absolute separation of properties before the marriage, the husband who owns capital lands arid the wife who owns paraphernal lands, may each retain a maximum of five hectares from their respective properties. In the absence of such ante-nuptial agreement for absolute separation of properties, all properties belonging to said spouses shall be considered in absolute community, and the said spouses can retain only a total of five hectares.
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