The overall potential impact of asset reforms
In the past 30 years, the combined area covered by asset reforms has been
significant.
Asset reforms in the Philippines have brought about the transfer of ownership
rights covering a total area of 12.74 million hectares (including ancestral
waters). This is equivalent to 42.5 percent of the land area of the entire country.
This is supposed to have directly benefitted an estimated 5.5 million poor rural
households, equivalent to 23.9 percent of all current households, based on the
2015 Census of Population.
Moreover, non-redistributive tenure reforms have reportedly been implemented
on a considerable scale, improving land tenure security for 1.2 million tenant
families in 1.8 million hectares of private agricultural lands, and for 338 thousand
families in public forest lands.
Yet as the studies show, the quality of implementation of asset reforms has been
questionable at best, and uneven across the different sectors. Under CARP,
many ARBs are still unable to enjoy the full benefits of property rights or security
of tenure despite being issued their EPs and CLOAs. Support services to small
farmers have been inadequate and irregular, and many large private lands under
compulsory acquisition remain undistributed. Meanwhile, there has been no
serious implementation of the leasehold program in the past three decades. And
in the issuance of patents over public A&D lands, recipients received little or no
additional support services for lands they had previously tilled for 30 years or
more.
Under IPRA, several IP/ICCs have been given legal recognition of their collective
rights to ancestral domains through the issuance of CADCs/CADTs, and yet for
many IP communities, little has changed in terms of their actual exercise of
traditional rights to land. Different government agencies continue to issue titles,
leases, and other tenure instruments within CADCs/CADTs, while government
projects, private investments, migrants and other groups continue to intrude
into ancestral domain lands.
Meanwhile, little has changed for small municipal fisherfolk in terms of fishing
rights and tenure reforms. Large commercial fishing continues to intrude into
municipal waters, and municipal fishers continue to lose out to private businesses
and political interests in the allocation of rights to foreshore and coastal areas.
36
Status of Land and Resource Tenure Reform in the Philippines 2018
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