NOCs and with pending agrarian cases are included. Key implementation issues
in recent years include:
Landowner resistance. Landowner resistance comes in the form of legal cases,
threats, intimidation, physical violence and killings. But this resistance also
comes in other forms:
n Chop-chop titles. DAR has the sole authority over all transactions
(transfer, conveyance, conversion) involving agricultural land. However,
large landowners employ different strategies to avoid CARP coverage,
including the illegal subdivision and transfer of land titles to children,
relatives, and dummy corporations. To avoid CARP coverage, they divide
the land into smaller plots (5 hectares and below) and register these with
the Registry of Deeds (ROD), without DAR clearance.
n Legal cases are filed by landowners, including exemption and exclusion
cases to avoid CARP coverage. The earlier policy (AO 7 of 2011) prevented
DAR from completing the LAD process over landholdings with pending
cases. To address the major loopholes of AO 7, it was repealed with the
issuance of the AO 5 in August 2017. However, certain provisions of AO
5 of 2017 were suspended through the enactment of AO 6 of 2017 in
December 2017.
n Landowners prevent DAR and LBP from conducting field investigations
and surveys. There is also a lack of survey teams in provinces with high
LAD balance to do perimeter surveys.
n Landowners prevent ARBs from gaining access, control and possession
of their awarded land. Some ARBs who were awarded land 20 years ago
have not yet been able to enter and cultivate their land.9 Moreover, some
landowners continue to collect rent from their former tenants.
n Conflict between ARB factions due to divided loyalties. Conflicts also arise
between farmer beneficiaries and loyal supporters of the landowners,
especially in large haciendas and plantations.
The overly-cautious attitude of DAR implementers. Many of the DAR officials
involved in the LAD process are nearing retirement age. They fear that
landowners will file cases against them and the DAR will not provide them with
legal assistance. Should they have a pending case, it will be difficult for them to
claim their retirement benefits.
Erroneous Farmer Beneficiary (FB) identification. The new process of identifying
farmer beneficiaries involves the submission of pertinent documents to establish
A case in point is the Nemecio Tan Estate in Pilar, Capiz. See: Serafica, Raisa (2017). Farmer killed by Gunmen in Capiz
Land Dispute Picket. In Rappler, 14 February 2017.
9
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Status of Land and Resource Tenure Reform in the Philippines 2018
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