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"The case of HARBCO reveals the plight of many ARBs who may still own the
land awarded to them on paper, but in actual practice, have lost control and access to it by
the takeover of their land's management by supposed partner agribusiness corporation.
"In the midst of recurring calls to cease CARP implementation and give way to
agricultural investments by private corporations, there is mounting concern that ARBs
must retain possession and ownership of the lands awarded to them under the program
and contribute to rural development. The pressure comes from domestic and foreign
agribusinesses, which are directly leasing and/or managing agricultural lands at the risk
of the ARBs losing control over their land.
The HARBCO case further validates the need to strengthen the existing policies
on AVAs to address and prevent similar cases that compromise the tenure security of ARBs
from occurring in the future."
Regulation of AVAs is made first through administrative modes, as what the Department of
Agrarian Reform has done, and which is now supplemented by efforts from the Legislature.
There are laws that protect specific sectors such as the indigenous peoples and small-holder
farmers. The Indigenous Peoples Rights Act (Republic Act No. 8371, enacted on October 29, 1997) is
one of the most lauded piece of legislation ever enacted in the Philippines. Its provisions on "Free,
Prior and Informed Consent" (FPIC) have been the most relevant reference for regulating agribusiness,
especially within the context of engaging indigenous cultural communities in such venture. The process
flow for FPIC is presented in Figure 4 43 below:
43 Based on the presentation of Mr. Frederick William Crespillo, Jr. from the Ancestral Domains Office, National
Commission on Indigenous Peoples, delivered during the focus group discussion held on August 18, 2016
22
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