LAND REDISTRIBUTION Section 23. Distribution Limit.

No qualified beneficiary may own more than three (3) hectares of agricultural land. Annotations: What is the difference between the areas that a beneficiary may own under PD 27 and under RA 6657? Under PD 27, a tenant qualifies as an owner if he tills a farm which is not irrigated and is not more than five hectares. But if the land is irrigated, it is enough if the area is three hectares. Under RA 6657, a qualified beneficiary cannot own more than three hectares. It does not specify whether the three hectares are irrigated or not. Ms. Cara, an agricultural lessee, owns one (1) hectare of commercial land and three (3) hectares of residential land. Can she qualify as a landless beneficiary under RA 6657? Yes, provided that she does not own more than three (3) hectares of agricultural land. The above lands are not agricultural lands. Ms. Bao already owns two (2) hectares of agricultural land. Can she qualify as a landless beneficiary under RA 6657? Yes, she may qualify to the extent of an additional one (1) hectare of the land she tills.

Section 24. Award to Beneficiaries. - The rights and responsibilities of the beneficiaries shall commence from their receipt of a duly registered emancipation patent or certificate of land ownership award and their actual physical possession of the awarded land. Such award shall be completed in not more than one hundred eighty (180) days from the date of registration of the title in the name of the Republic of the Philippines: Provided, That the emancipation patents, the certificates of land ownership award, and other titles issued under any agrarian reform program shall be indefeasible and imprescriptible after one (1) year from its registration with the Office of the Registry of Deeds, subject to the conditions, limitations and qualifications of this Act, the property registration decree, and other pertinent laws. The emancipation patents or the certificates of land ownership award being titles brought under the operation of the torrens system, are conferred with the same indefeasibility and security afforded to all titles under the said system, as provided for by Presidential Decree No. 1529, as amended by Republic Act No. 6732. It is the ministerial duty of the Registry of Deeds to register the title of the land in the name of the Republic of the Philippines, after the Land Bank of the Philippines (LBP) has certified that the necessary deposit in the name of the landowner constituting full payment in cash or in bond with due notice to the landowner and the registration of the certificate of land ownership award issued to the beneficiaries, and to cancel previous titles pertaining thereto.

Identified and qualified agrarian reform beneficiaries, based on Section 22 of Republic Act No. 6657, as, amended, shall have usufructuary rights over the awarded land as soon as the DAR takes possession of such land, and such right shall not be diminished even pending the awarding of the emancipation patent or the certificate of land ownership award. All cases involving the cancellation of registered emancipation patents, certificates of land ownership award, and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of the DAR." (as amended by RA 9700) Annotations: What are the rules and procedures followed by DAR in land distribution? 1. Only when the qualified agricultural lessees/farm tenants and regular workers shall have received three (3) hectares each shall the remaining portion of the subject landholdings, if any, be distributed to seasonal and other farm workers, actual tillers/occupants of public lands, collectives/cooperatives of the beneficiaries and others directly working on the land pursuant to RA 9700. 2. In cases where the land is not enough to meet the three-hectare ceiling for each agricultural lessee and tenant in a particular landholding, the area to be distributed shall be based on the actual size of tillage by each tenant/lessee. 3. In case where the three hectare award limit is satisfied for tenants, lessees and regular farm workers, the remaining lands shall be distributed to the other qualified beneficiaries at an award limit of three (3) hectares each, using the following criteria for prioritization: a. willingness, aptitude and ability to cultivate and make the land as productive as possible; b. physical capacity; and c. length of service If the other beneficiaries equally meet the foregoing criteria, priority shall be given to beneficiaries who continuously worked on the subject landholding. The other farm workers who cannot be accommodated shall be put in a wait list of potential beneficiaries who will be awarded in other landholdings covered by CARP. 4. DAR shall take immediate possession of landholding upon the issuance of the TCT in the name of the Republic of the Philippines, and shall there after proceed with the distribution process. 5. The Agrarian Reform Beneficiaries have the right of usufruct over the land form the time DAR takes constructive and actual possession of the same until the award of a CLOA. 6. The rights and responsibilities of the beneficiaries shall commence upon their receipt of a duly registered Certificate of Land Ownership Award (CLOA) and their actual physical possession of the awarded land.

7. Land improvements and facilities such as roads, bridges, irrigation systems for common use and benefit through the farmers association/co-ownership. The payments shall be equally shared under either individual or collective land amortization. 8. Husband and wife may be entitled to three (3) hectares each provided they qualify as beneficiaries in their own rights. A separate CLOA shall be issued to each spouse. When does the ministerial duty of the Register of Deeds (to register both RPs title and the beneficiaries CLOAs) arise? The duty arises only after the LBP has certified that full payment has been deposited, with due notice to the land owner.

Section 25. Award Ceilings for Beneficiaries. - Beneficiaries shall be awarded an area not exceeding three (3) hectares, which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits. The determination of the size of the land for distribution shall consider crop type, ,soil type, weather patterns and other pertinent variables or factors which are deemed critical for the success of the beneficiaries. For purposes of this Act, a landless beneficiary is one who owns less than three (3) hectares of agricultural land. Whenever appropriate, the DAR shall encourage the agrarian reform beneficiaries to form or join farmers' cooperatives for purposes of affiliating with existing cooperative banks in their respective provinces or localities, as well as forming blocs of agrarian reform beneficiaries, corporations, and partnerships and joining other farmers' collective organizations, including irrigators' associations: Provided, That the agrarian reform beneficiaries shall be assured of corresponding shares in the corporation, seats in the board of directors, and an equitable share in the profit. In general, the land awarded to a farmer- beneficiary should be in the form of an individual title, covering one (1) contiguous tract or several parcels of land cumulated up to a maximum of three (3) hectares. The beneficiaries may opt for collective ownership, such as co-workers or farmers cooperative or some other form of collective organization and for the issuance of collective ownership titles: Provided, That the total area that may be awarded shall not exceed the total number of co-owners or members of the cooperative or collective organization multiplied by the award limit above prescribed, except in meritorious cases as determined by the PARC. The conditions for the issuance of collective titles are as follows: (a) The current farm management system of the land covered by CARP will not be appropriate for individual farming of farm parcels;

(b) The farm labor system is specialized, where the farmworkers are organized by functions and not by specific parcels such as spraying, weeding, packing and other similar functions; (c) The potential beneficiaries are currently not farming individual parcels hut collectively work on large contiguous areas; and (d) The farm consists of multiple crops being farmed in an integrated manner or includes non- crop production areas that are necessary for the viability of farm operations, such as packing plants, storage areas, dikes, and other similar facilities that cannot be subdivided or assigned to individual farmers. For idle and abandoned lands or underdeveloped agricultural lands to be covered by CARP, collective ownership shall be allowed only if the beneficiaries opt for it and there is a clear development plan that would require collective farming or integrated farm operations exhibiting the conditions described above. Otherwise, the land awarded to a farmer-beneficiary should be in the form of a n individual title, covering one (1) contiguous tract or several parcels of land cumulated up to a maximum of three (3) hectares. In case of collective ownership, title to the property shall be issued in the name of the co- owners or the cooperative or collective organization as the case may be. If the certificates of land ownership award are given to cooperatives then the names of the beneficiaries must also be listed in the same certificate of land ownership award. With regard to existing collective certificates of land ownership award, the DAR should immediately undertake the parcelization of said certificates of land ownership award, particularly those that do not exhibit the conditions for collective ownership outlined above. The DAR shall conduct a review and redocumentation of all the collective certificates of land ownership award. The DAR shall prepare a prioritized list of certificates of land ownership award to be parcelized. The parcelization shall commence immediately upon approval of this Act and shall not exceed a period of three (3) years. Only those existing certificates of land ownership award that are collectively farmed or are operated in an integrated manner shall remain as collective. (as amended by RA 9700)

Annotations: What are the basic principles on Award Ceilings for Beneficiaries? 1. Determination of the size of land for distribution shall consider crop type, soil type, weather patterns and other pertinent variables or factors deemed critical for the success of the beneficiaries. 2. DAR to encourage agrarian reform beneficiaries to form or join organizations. 3. Beneficiaries may opt for collective ownership and for the issuance of collective ownership titles, but the total area that may be awarded shall not exceed the total number of co-owners or members multiplied by the award limit, except in meritorious cases as determined by the PARC. 4. The conditions for the issuance of collective title are:

a. The current farm management system of the land covered is not appropriate for individual land farming b. The farm labor system is specialized, where the farm workers are organized by functions and not by specific parcels c. The potential beneficiaries are currently not farming individual parcels but collectively working on large contiguous areas d. The land includes non-crop production areas that are necessary for the viability of farm operation, such as dikes, storage areas, etc. 5. Idle and abandoned lands shall be awarded under collective ownership only if the beneficiaries opt for it and there is a clear development plan that would require collective farming. 6. CLOAs shall be issued in the name of the co-owners or the cooperative or collective organization as the case may be. In case of the latter, the names of the beneficiaries must also be listed in the same CLOA. 7. DAR shall immediately undertake parcelization of existing CLOAs especially those that do not exhibit the requirements for collective ownership. What are the basic Rules and Procedures followed by DAR in the installation of Agrarian Reform Beneficiaries on awarded lands? 1. The beneficiaries shall take possession of the land covered by his/their title from the time the same is awarded to them through a registered CLOA. 2. The DAR shall assist the beneficiaries in reporting cases of threat/harassment by the former landowner or other parties. 3. In case taking possession of the awarded land by the beneficiaries would imperil their lives, the DAR shall assume the responsibility for the installation of the beneficiaries on the subject land with the assistance of the police or military. 4. In cases where the former landowner deliberately acts obstructs or causes delay the installation of the beneficiaries, a criminal case shall be file against him for violation of Section 73 (d) of RA 6657.

Reports of Current Accomplishments and Other Issues Land Distribution Accomplishment of the DAR 1972-2012 Government-owned/voluntary land transfers/voluntary offers to sell Private agricultural lands 24% 76%

In the past, the DAR prioritized lands that were easier, less contentious, and less tedious to acquire and distribute effectively leaving the hardest for the last and resulting in progressive increase in complexity of lands slated for acquisition and distribution.

Target land acquisition and distribution for 2013 to June 2016 2013 2014 2015 June 2016 160,000 180,000 120,000 62,406 hectares hectares hectares hectares

In order to achieve its Strategic Target, the current DAR management thus instituted policy and operational measures to speed up land distribution. a) Streamlining of the LAD Process. New rules for land acquisition and distribution were drafted and issued simplifying the LAD process and shortening time process as well as providing remedial measures for CARP-covered lands subjected to unauthorized transfers or conveyances, commonly referred to as chop-chop titles. b) Inventory and Review of All Claim Folders. Mass inventory and review of ALL claim folders was undertaken to determine the actual magnitude and status of the LAD balance, identify the issues and problems that need to be resolved so that timely interventions can be provided. c) Intensification of the Monitoring of the Performance of the PAROs and MAROs. The progress of acquisition is being monitored on a per landholding basis and time standards and cost parameter per LAD activity have been instituted to track deviations, immediately identify problems and put in place remedial measures. d) System-Wide Solutions to Problems Encountered in Land Acquisition. Global solutions to technical and administrative issues that delay the acquisition process have been put in place and further solutions are being explored as well. For this, the DAR is working closely with its partner agencies, the Land Registration Authority (LRA), the Department of Environment and Natural Resources (DENR), and the Land Bank of the Philippines.

Issue raised by CBCP: Systems put in place are too legalistic and has added bureaucratic layers. Answer of the DAR: a. Systems put in place by the present administration ensure the stability of CLOAs issued to the beneficiaries. With the systems put in place, such as determining prior to the issuance of the CLOA whether a landholding to be distributed is indeed covered by CARP, the beneficiaries are assured that their titles are secured. b. System introduced also ensured that it is made with a holistic view in mind. Communication among CARP implementing agencies, such as DAR, DENR, Land Bank, and LRA, spiked during the present administration resulting in rules which looks not only at activities that are worked by individual agencies, but the entire government bureaucracy as a whole. This means that the process is now more efficient, allowing the government, under normal circumstances, to complete the

acquisition and distribution process within six to ten months, compared to the old system which took up eight to fourteen months.

Issue raised by CBCP: Provisions in the current land acquisition and distribution rules allow landowners to delay the acquisition and distribution of their lands. Answer of the DAR: a. The present law (CARPER) added a provision that required landlord attestation of potential agrarian reform beneficiaries. This by no means can be faulted against the Aquino Administration nor the DAR which can only implement what is provided by law. b. An issue is being made out of the provision in the current rules which provides that in case there are pending protests or petitions for exclusion/exemption from CARP coverage, the DAR shall continue with the process of acquisition right until the actual payment of just compensation and cancellation of the landowners title. Once a decision by the Regional Director or the Secretary denying the protest/petition becomes final and executory, or if appealed, once the Office of the President has decided against the protest/petition, regardless if it is appealed to the courts or not, the process can right after continue. c. This criticized provision was enacted for three reasons: (1) it will prevent the premature release of public funds for the payment of landowners just compensation pending the determination whether or not the landholding is indeed covered; (2) it will also avoid the situation of having to uproot beneficiaries which was installed prematurely while the issue of whether or not the landholding is covered under CARP; and finally (3) it will accord due process to the landowner by allowing a full determination of whether or not the landholding is indeed covered before his/her/its title is cancelled.

Issue raised by CBCP: LAD accomplishment should not be reckoned at registration of CLOAs but at the time the actual possession of the beneficiaries. Answer of the DAR: a. The manner of reporting by the DAR of its land acquisition and distribution accomplishments, for purposes of accounting its expenses and budget, has always been based on the number of CLOAs registered. This has been used not only by this administration, but all the past administrations as well.

b. The DAR, by no means, is saying that it will not ensure that beneficiaries with CLOAs have actual possession of their landholdings. It understands that it is its duty to install the beneficiaries, and thus is continuously conducting this. The DAR however should not be criticized that this is not used by DAR in determining its accomplishment. c. Note as well that not all CARP-acquired lands would require that the agrarian reform beneficiaries be installed into their CARP-acquired lands. In cases where tenancy or leasehold arrangements obtain, installation is not necessary because the agrarian reform beneficiaries are in place.