Second generation issues Indefeasibility of EP/CLOA not recognized by DAR.13 There is an increase in CLOA cancellation cases as documented by groups assisting the ARBs. The groups observed that cancellation cases are prevalent with ARBs pursuing their immediate installation. Most of these ARBs received their CLOAs 20 years ago. The landowners filed cancellation cases on the basis of their claim for retention and/or exemption from CARP coverage. Inclusion/exclusion cases were also filed by farmworkers loyal to the landowners who already waived their rights to become CARP beneficiaries when they decided not to participate in the LAD process. There are also cancellation cases to Distributed but Not Yet Paid (DNYP) lands. Farmers cannot pay their amortization as the paperwork are not properly filed and documented. Pawning and selling of CARP awarded lands. Many ARBs are forced to avail themselves of production loans from loan sharks at exorbitant interest rates, or pawn or sell their awarded land illegally to pay their debts in cases of disaster or a family emergency. Subdivision of collective CLOAs. As a strategy to fast-track the LAD process, DAR issued collective CLOAs to cover 2.2 million hectares of agricultural land, and 76 percent of these landholdings were awarded to ARBs who were not actually engaged in collective farming. This has affected farmers’ individual property rights and has discouraged farmers from making long-term improvements on the land (Casidsid-Abelinde, 2017). As of December 2017, DAR has a working balance of 1.4 million hectares due for subdivision among individual ARBs. Based on data of the Land Bank of the Philippines, one of the major reasons for the low collection rate of land amortization is that many land titles distributed to ARBs were collective CLOAs, thus individual amortizations could not be computed. Ageing farmer population. The average Filipino farmers is 57 years old, and rural populations are ageing, as the youth are discouraged from seeking work in agriculture. Moreover, the existing policy on ARB qualifications is against Under Section 9 of RA 9700 (CARPER law), the “indefeasibility” of EPs and CLOAs means that the land titles (EP/CLOA) issued to ARBs under CARPER can no longer be questioned or cancelled after one year from its registration. 13 56 Status of Land and Resource Tenure Reform in the Philippines 2018

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