n
In cases where landowners physically prevent DAR and LBP personnel
from conducting field investigations and surveys, DAR should coordinate
with the PNP.
Address the DAR’s lack of mandate to issue new Notices of Coverage (NOCs). Section
30 of RA 9700 set a deadline of 30 June 2014 to commence LAD proceedings on
all private agricultural lands to be covered by CARP. However, DAR failed to issue
Notices of Coverage (NOCs) for thousands of landholdings covering more than
100,000 hectares. The issuance of new NOCs by DAR will require new legislation
by Congress.
DAR should implement the leasehold program as a priority under CARP, because
tenants without leasehold contracts are vulnerable to eviction. As a start, DAR
should clean up its in-house data on leasehold and come up with a comprehensive
database of all the target landholdings for leasehold operations.
Implement women’s equal rights to land ownership and ensure that specific steps
are undertaken to identify rural women as beneficiaries, and recognize them as
rightful owners or co-owners of awarded lands independent from their male
relatives or of their civil status. Also, ensure women’s equal access to all support
services and extension. Equal land rights for women should be emphasized in
the orientation of all DAR staff.
Monitor, address and prosecute violations of CARP. DAR should:
n Put an end to illegal land use conversions;
n Eradicate the practice of chop-chop titles wherein landowners illegally
subdivide the land and transfer the titles to their children, relatives and
dummy corporations in order to avoid coverage by CARP. These transfers
are enlisted with the Registry of Deeds (ROD), without prior clearance by
DAR, as required by law;
n Comprehensively monitor agribusiness venture agreements (AVAs)
entered into by ARBs and their organizations; and stop the proliferation
of unfair and unregistered AVAs especially lease agreements; and,
n Annotate the Notice of Coverage into land titles under LAD, as a preemptive measure against the landholding from being illegally converted,
sold, or subdivided.
Improve legal support for agrarian reform beneficiaries and for DAR personnel. The
measures include: (a) the establishment of a legal fund in support of ARBs; (b)
revision of DAR’s formation program for paralegals; (c) increase of legal fund for
DAR personnel who may be charged with cases in line with implementing their
32
Status of Land and Resource Tenure Reform in the Philippines 2018
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