Recommendations
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PARC to formulate a new policy giving DAR a fresh mandate to
issue new NOCs, and lobby for the passage of an NOC bill. The PARC
has the power to formulate and implement policies and regulations
necessary to implement each component of the CARP. It is within their
ambit to give the DAR a fresh mandate to issue new NOCs and the power
to correct its “erroneous” NOC issuances to complete land acquisition
and distribution. At the same time, the government should work with
agrarian reform stakeholders and with Congress for the enactment of a
new law that will give DAR a fresh mandate to cover agricultural lands not
in the DAR database and or agricultural lands without NOC, and to revive
the Congressional Oversight Committee on Agrarian Reform (COCAR).15
Amend/revoke DAR policies that cause delays to CARP implementation.
One policy that needs to be amended or revoked is DAR AO 7, series
of 2011 as amended, so that LAD proceedings can continue until ARBs
are installed on the awarded land, even if there are pending cases.
DAR to install all displaced ARBs and immediately provide initial capital
for farm production. The DAR should immediately install all displaced ARBs
on their awarded lands, and provide them security and protection, with the
help of the Philippine National Police (PNP) and other agencies.
DAR to prosecute CARP violators. The DAR should start prosecuting CARP
violators to show that the government is serious in fulfilling its mandate.
Prohibited acts and omissions under Section 73 of RA 6657 as amended
include willful prevention and obstruction of CARP implementation, illegal
land use conversion to avoid CARP coverage, illegal sale, transfer, conveyance
of CARP awarded lands, and the unjustified and malicious act by responsible
officers of the government.
DAR to address the problem of CLOAs issued within IP lands. There are
cases where DAR issued CLOAs to farmers and migrant-tillers within ancestral
domains, despite the prohibition under the existing CARP law. This has caused
land conflicts between farmers and indigenous communities. To resolve
this issue, DAR should facilitate a negotiated solution between the parties
(IPs and ARBs) wherein the farmers should recognize and respect the prior
rights of the IP community over their ancestral domain, while the IPs provide
tenure security to the ARBs. The ARBs should agree to the cancellation of
According to the DAR, President Duterte has ordered the development of agrarian reform program phase two (2). The
DAR was tasked to craft the bill that allows DAR to issue new NOCs.
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Status of Land and Resource Tenure Reform in the Philippines 2018
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