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
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Status of Land and Resource Tenure Reform in the Philippines 2018
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