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DAR Adm. Order No.6 Series
2011
Revised Rules and Procedures
Governing the Cancellation of
Registered EPs, CLOAs, andother Titles Issued under any
Agrarian Reform Program
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Section 24 of R.A. No. 6657, as
amended, states: "All cases involving
the cancellation of registeredemancipation patents, certificates of
land ownership award, and other titles
issued under any agrarian reformprogram are within the exclusive and
original jurisdiction of the Secretary of
the DAR".
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QUESTION: HOW LONG SHALL A FARMER-
BENEFICIARY WAIT BEFORE THEY AREINSTALLED ON THE AWRADED LAND?
- SEC.9 (amending sec.24 of RA6657) of RA
9700 states that the award of the land must be
completed within 180 days from the date of
registration of its title in the name of the
Republic of the Philippines.
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QUESTION: WHAT IS THE NATURE OFTHE DUTY OF REGISTER OF DEEDS IN
THE IMPLEMENTATION OF CARP?
-SEC.9, RA9700 states that the
Register of Deeds has a ministerial duty to
register the land in the name of the
Republic of the Philippines after theoriginal title of the landowner has been
cancelled
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, and also, register the CLOA in the nameof the farmer-beneficiaries. Upon
certification of deposit of full payment by
LBP to the landowner. The ROD can nolonger refuse to perform his duty as
enumerated above.
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Under the Ramos administration, from 1994 to
1997, EPs and CLOAs covering 36,415
hectares were cancelled. Under the Estradaadministration, however, EPs and CLOAs for
40,678 hectares were cancelled on the first year
alone. (YEAR 200)
Remedios Rocha, a farmer at Hacienda Maria in Agusan
del Sur, called on DAR Secretary Horacio Morales to
look into these cancellations of land titles, saying, Our
land is our life. Her EP, covering five hectares, hasalready been cancelled.
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ADMINISTRATIVE ORDER NO.03-09, THE FIRST
DAR ISSUANCE REGARDING CANCELLATION OF
TITLES UNDER CARP LAW. PURSUANT TO SEC.9
OF RA 9700
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Coverage. These rules ofprocedure ("Rules") shall apply to all
cases involving the involuntary
cancellation of registered EPs,CLOAs, and other titles issued by
the DAR under any agrarian reform
program.
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AO NO.03-09 AO NO.06-11
SEC.2. SECTION 2. STATEMENT
OF POLICIES :(a) The State recognizes the
indefeasibility of CLOAs, EPs and other
titles issued under any agrarian reform
program.
(b) The State recognizes that
CLOAs, EPs and other titles
erroneously issued do not attain
indefeasibility.
(c) Cancellation of registered
CLOAs, EPs and other titles issued
under any agrarian reform programshall be strictly regulated and may be
allowed only in the manner and
conditions prescribed hereunder.
SEC.2. STATEMENT OF POLICIES:
(a) The State recognizes theindefeasibility of EPs, CLOAs, and
other titles issued under any agrarian
reform program; and
(b) Cancellation of registered EPs,
CLOAs, and other titles issued under
any agrarian reform program shall be
strictly regulated and may be allowed
only in the manner and conditions
prescribed hereunder.
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Cancellation refers to the process of
annulling, invalidating, and revoking the
EPs, CLOAs, or other titles issued underany agrarian reform program. It does notinclude the correction of entries in the said EPs,
CLOAs, or other titles as the same falls under
the jurisdiction of the DARAB, whereincorrection therein is defined as the process of
correcting or changing clerical or typographical
errors (i.e., wrong spelling, age, etc.) in the EPs,
CLOAs, or titles issued under any agrarian
reform program without affecting substantial
rights of other interested persons.
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Petition for Cancellation is a verified
pleading alleging the grounds relied upon by
the petitioner in seeking the cancellation of thesubject EPs, CLOAs, or other titles issued
under any agrarian reform program, which
shall be duly supported by original or certified
true or photocopies of relevant documentstogether with affidavits of witnesses, and
accordingly pre-marked as Exhibits "A", "B",
"C", and so forth.
The petition must include as party-respondents the concerned holders or
successors-in-interest of EPs, CLOAs, or
other titles issued under any agrarian reform
program.
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AO NO.03-09 (sec.4-CAUSE OF
ACTION)
AO NO.06-11 (sec.4-GROUNDS)
(a) The land subject matter of the CLOA,
EP or other title under agrarian reform
program is found to be: 1. The retention area
of the landowner;
1. The landholding involves the
retention area of the landowner provided
that the retention right was exercised by
the latter within the period allowed by the
applicable laws or rules from the receipt
of the Notice of Coverage;
2. Excluded from the coverage of
CARP, PD No. 27or other agrarian reform
program;
2. The landholding is excluded or
exempted from coverage of CARP, P.D.
No. 27, or any other agrarian reformlaws provided that the application for
exclusion thereof was filed within the
period allowed by the applicable laws or
rules from receipt of the Notice of
Coverage;
3. Exempted from the coverage of
CARP, PD No. 27or other agrarian reform
program;
3. Defective Notices of Coverage
(NOCs) due to, among others, improper
service thereof, or erroneous
identification of the landowner or
landholding, provided, that the outcome
of the cancellation proceeding shall notprejudice the CARP coverage of the
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4. Outside of the authority of the DAR to
dispose and award, as the same falls within
the authority of the DENR to distribute;
4. The landholding is outside the authority
of the DAR to dispose of, as the same falls
under the exclusive authority of the
Department of Environment and Natural
Resources (DENR) or the National
Commission on Indigenous People(NCIP);
5. Consist in the erroneous issuance of the
said title resulting from the defect or lacking
in documentation
5. Erroneously-issued titles as a result of:
(a) erroneous technical description of
the covered landholding; or
(b) the cancellation of the landowner's
title prior to the issuance of the Certificate
of Deposit (COD), in the case of
CLOAs;
(b) The CLOA or EP holder is found to
have:
1. Misused or diverted the financial
and support services;
6. Misuse or diversion of financial
and support services extended to
ARBs pursuant to Section 37 of R.A.
No. 6657, as amended;
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2. Misused the land; 7. Misuse of the land;
3. Materially misrepresented
his basic qualifications as agrarian
reform beneficiary;
8. Material misrepresentation of the
ARB's basic qualifications as provided
under Section 22 of R.A. No. 6657, asamended, P.D. No. 27, and other agrarian
laws;
4. Illegally converted into otheruses the awarded the land; 9. Premature conversion by the ARBpursuant to Section 73 (F) of R.A. No.
6657, as amendedand Section 11 of R.A.
No. 8435;
5. Sold, transferred, conveyed
the awarded land to other person;
10. Sale, transfer, lease, or any other
form of conveyance by a beneficiary of theright of ownership, right to use, or any
other usufructuary right over the land
acquired by virtue of being a beneficiary,
in order to violate or circumvent the
provisions of Sections 27 and 73 of R.A.
No. 6657, as amended, P.D. No. 27, and
6 D f l d i h f 11 D lib d b l f
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6. Defaulted in the payment of
obligation for three (3) consecutive
years in the case of Voluntary Land
Transfer/Direct Payment Scheme;
11. Deliberate and absolute non-payment of
three (3) consecutive amortizations in case of
voluntary land transfer/direct payment scheme,
provided that the ARB has been installed and is
in actual possession of the land, and provided
further that the last proviso will not apply if thenon-possession of the ARB is attributable to his
or her own fault;
7. Failed to pay the amortization for
at least three (3) annual amortizations;
12. Deliberate and absolute failure of the ARB
to pay at least three (3) annual amortizations to
the Land Bank of the Philippines (LBP),provided an amortization table has been issued
to the ARB, and provided further that the
amortizations shall start one (1) year from the
ARB's actual occupancy pursuant to Section 26
of R.A. No. 6657, as amended;
8. Neglected or abandoned the
awarded land; and
13. Neglect or abandonment of the awarded
land as defined by Section 3(n); or
9. Circumvented the laws related
to the implementation of the agrarian
reform program.
14. Acts analogous to the foregoing
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Sec.5 Indefeasibility, A Bar to Cancellation
Proceedings.
EPs, CLOAs, 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 Register of Deeds (ROD).Accordingly,
the DAR Secretary shall not entertain any
action for the cancellation of EPs, CLOAs, andtitles after the lapse of the said one (1) year
period, except for cases involving Sections 4.4
to 4.14 of these Rules. The said one (1) year
period, however, shall be interrupted upon the
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1. ALI case, with a prayer for the cancellation of
the title, involving only the grounds mentioned
in Section 4.1 to 4.3, with the Regional Director
or the DAR Secretary; or
2. Other case with any court, office, or tribunal
other than the Regional Director or the DAR
Secretary, where the latter two has no
jurisdiction, involving the grounds mentioned inSection 4.1 to 4.3 only.
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Initiation of a Cancellation Case. A
cancellation case shall be initiated by the filing ofa verified Petition for Cancellation and the
payment of the filing fee, if necessary.
The verified Petition shall be filed with the Officeof the PARAD who has jurisdiction over the place
where the land covered by the EPs, CLOAs, or
other titles sought to be cancelled is located.
At least five (5) copies of the petition must be prepared and filed with
the PARAD. If there is more than one (1) respondent, more copies
should be prepared and filed by the petitioner in order to provide all
of them with a copy.
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Sec.8. Disclosure Statement. The petitioner
shall disclose and certify under oath, in the
petition or its integral annex, that:
(a) He is a party-in-interest or properly
authorized by a party-in-interest;
(b) He has not commenced and/or is aware of
any other action or proceeding involving the
same land, or a portion thereof, or issuein any
court, tribunal, or quasi-judicial agency; and to
the best of his knowledge, no such action or
proceeding is pending in any court, tribunal, or
quasi-judicial agency;
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(c) If there is any action or proceeding which is
either pending or may have been terminated, he
shall state the status thereof; and
(d) If he thereafter learns that a similar action orproceeding has been filed or is pending before
any court, tribunal, or quasi-judicial agency, he
undertakes to report that fact within five (5) days
therefrom to the DAR Office where the case forcancellation is pending.
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SECTION 5. Who May File the Petition for
Cancellation. The verified petition for
cancellation shall be filed by any of the
following persons:
SECTION 9. Who May File a Petition for Cancellation.
-The verified petition for cancellation may be filed b
any party in interest with respect to the title of the land
such as, but not limited to, the following:
(a) Owners of private agricultural lands who
were granted retention;
(a) The person granted or applying for retention;
(b) Owners of private agricultural lands
whose lands had been declared as
exempted or excluded from the coverage
of RA No. 6657, as amended, and PD No.
27;
(b) The person whose land was declared exempte
or excluded from the coverage of R.A. No. 6657, a
amended, or of P.D. No. 27, or who is applying for suc
exemption or exclusion thereunder;
(c) Qualified farmer-beneficiaries who
have been determined as legally entitled in
the generated and issued CLOA;
(c) Qualified farmer-beneficiaries who have bee
determined as legally entitled to the generated an
issued CLOA, or persons applying for inclusion as
farmer-beneficiary;
(d) Re-allocatees and transferees of the
awarded land; or
(d)Re-allocatees of the awarded land pursuant to P.D
No. 27, or persons applying for re-allocation under th
same law;
(e) Provincial Agrarian Reform Officer
(PARO) in his official capacity for the
purpose of correcting erroneously issued
CLOAs or EPs which are registered but not
yet distributed.
(e) Actual tillers or occupants of the subject land; o
(f) Provincial Agrarian Reform Officers (PAROs) o
AO NO 03 09 AO NO 06 11
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AO NO 03-09 AO NO. 06-11
SECTION 8. Filing
Fees. A filing fee of
P1,000.00 shall be paid by thepetitioner to the DAR cashier,
except if the petitioner is the
government or its official or
employee in the exercise of
their official function.
SECTION 10. Filing
Fee. A filing fee of Three
Thousand Pesos (Php3,000.00)shall be paid by the petitioner to
the DAR Provincial Office
Cashier, except if the petitioner
is the government or any of its
officials or employees in the
exercise of its or their official
function or in case the
peti t ioner is a pauper l i t igant,
in wh ich case the payment ofthe fi l ing fee shal l be waived.
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Issuance of Notice.
The PARAD shall retain two (2) copiesof the petition, and the rest to be served
upon the respondents, ROD, and PARO
concerned. The EP or CLOA holder must
be deemed as a respondent.
The PARAD shall, within five (5) days from
receipt of proof of the verified petitions and
full payment of the filing fee, issue a Noticeto Comment, attaching thereto a copy of
the petition and supporting documents, if
any, pre-marked as exhibits "A", "B", "C",
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The aforesaid Notice shall direct the
respondent(s) and concerned ROD to
file a verified Comment to the petition,
attaching thereto duly marked
documentary evidence marked asexhibits "1", "2", "3" and so forth within
a non-extendible period of fifteen (15)
days from receipt thereof, furnishing acopy to the petitioner.
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ASSIGNMENT
OF CASE
CONTROL NO.
BY THE CLERK
OF THE
PARAD
ISSUANCE OF
NOTICE SERVICE OFNOTICE
TIME TO
COMMENT& INFO.
ABT. THE
PARTIES
CASE
FOLDER
BUILD-UP
TRANSMITTAL
OF CASE
FOLDER TO
RD,RCLUPPI,CL
UPPI OR THE
BALA
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INVESTIGATION
BY THERCLUPPI OR
CLUPPI
INVESTIGATION
REPORT AND
RECOMMENDATION
CONDUCT OF
CLARIFICATOR
Y HEARING
REVIEW,
FINDINGS, AND
RECOMMENDATIO
N BY ASEC-LAO
TRANSMITTAL
OF THE CASE
FOLDER WITH
FINDINGS AND
RECOMMENDA
TION TO THEDAR
SECREATRY
DECISIO
N
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SECTION 29. Prohibited Motions. The
following motions shall not be allowed:
(a) Motion to declare respondent in
default or for default judgment;
(b) All motions filed before theComment;
(c) Motion for extension of time to file anappeal, a motion for reconsideration, or a
memorandum; and
Dismissal of Petition The petition for cancellation may
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Dismissal of Petition.The petition for cancellation may
be denied by the DAR Secretary on the following grounds:
1. If, in an action for cancellation falling under Section 11
of Article III, the petitioner failed to submit any of thefollowing documents: (ALI CASE)
(a) Original, certified true, or photocopies of the final and
executory Order and Resolution of the DAR Regional
Director, DAR Secretary, or the courts;
(b) Certificate of Finality;
(c) Original owner's duplicate or certified true copy of the
EPs, CLOAs, or any other titles sought to be cancelled;
(d) Official Receipt issued for the payment of the
corresponding filing fee, unless the petitioner is exempt
under Section 10 of Article III of these Rules; and
(e) Any other relevant documents that may
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(e) Any other relevant documents that may
support the petition for cancellation;
2. Failure to pay filing fee;
3. Failure to comply with Section 8 of Article III of
these Rules;
4. Failure to submit the documentary requirements
mandated by other A.O.s governing the ALI
component of the case; or
5. When the petition for cancellation was filed after
the one (1) year period as provided under Article
III, Section 5 of these Rules, save those instances
covered b Article II, Sections 4.4 to 4.14 hereof.
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SECTION 33. Motion for
Reconsideration.
A party may file only one (1) Motion for
Reconsideration of the Order of the DAR
Secretary to cancel the EP, CLOA, or other title
issued under any agrarian reform program,within a period of fifteen (15) days from receipt
thereof, furnishing a copy of the motion to all
other parties' counsel or representative. The
filing of the Motion for Reconsideration shall
interrupt the running of the reglementary
period within which to file a notice of appeal.
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SECTION 34. Comment on Motion for
Reconsideration.
The adverse party may file a Comment on
the Motion for Reconsideration within a non-
extendible period of ten (10) days from receiptthereof. No Order from the DAR Secretary is
necessary for a party to file a Comment.
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SECTION 35. Resolution of the Motion for
Reconsideration.
The DAR Secretary shall resolve the
Motion for Reconsideration by issuing an
Order/Resolution in due course, furnishing a
copy thereof by registered mail and, if
available, electronic mail, to the parties'
counsel or representative as well as the
parties themselves and the DAR officials whotook part in the proceedings.
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In case a copy of the Order sent by
registered mail is unclaimed and is returned
to the DAR Secretary, the caption and the
dispositive portion thereof shall be published
in a newspaper of general circulation. The
date of the publication shall be deemed asthe time the Order is received by the party
who failed to receive it by registered mail.
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SECTION 36. Appeal of the Decision of theDAR Secretary.
The Order or Resolution of the DAR
Secretary may be appealed to the Office ofthe President, in accordance with the rules
and procedures that are set forth by the
latter.
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SECTION 37. Finality.
The Order or Resolution of the DARSecretary shall become final and executory
upon the expiration of the period to appeal
therefrom if no appeal has been duly perfected.
SECTION 38. Order of Finality.
The BALA shall issue an Order of Finality
upon any party's formal request andpresentation of proof that no appeal to the
Office of the President has been filed before the
period to appeal expired.
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QUESTION: What is the procedure if an agrarian-
related dispute is erroneously filed before a regular
court?
ANSWER: The Judge or the Prosecutor must
automatically refer to the DAR (thru the PARO) all casesthat involve farmers as parties where there is an
allegation in the complaint that the case is agrarian in
nature. The DAR shall then certify whether the case if
agrarian-related or not; if it is not agrarian-related, it may
proceed before the judicial court. The objective of these
measure is to protect farmers who are falsely
accused from unnecessary suffering and the expense
of court litigation
SECTION 39 Execution
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SECTION 39. Execution.
If the Order or Resolution of the DAR Secretary becomes
final and executory in accordance with Article IX hereof, the
BALA, on motion or motu proprio, shall issue a Writ of
Implementation.
If an appeal has been duly perfected and finally resolved, the
execution may forthwith be applied by filing a Motion for the
Issuance of a Writ of Implementation with the Undersecretaryfor Legal Affairs within five (5) years from the date of entry of the
final decision.
After the lapse of the five (5) year reglementary period, a party
may file an action for the execution of a final decision on the
Cancellation case with the Office of the Secretary at any time
prior to it being barred by the statute of limitations.
The Writ of Implementation shall direct the concerned Registry
of Deeds to cancel the EP, CLOA, or other title issued pursuant
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SECTION 42. Temporary Restraining Order.
At any time prior to the transmittal of the PARAD of a
Case Folder to the OSEC, in cases where any party may
immediately suffer grave or irreparable damage, or where the
performance or continuance of certain acts will render the
case moot and academic, or where there is a need to
maintain peace and order and prevent injury or loss of life orproperty, the PARAD may, at the instance of any party, issue
a Temporary Restraining Order (TRO), which shall be only be
effective for a non-extendible period of seventy-two (72)
hours, to prevent grave and irreparable damage. During such
period, the party may file for a Cease and Desist Order with
the OSEC or USEC-LAO.
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SECTION 43. Cease and Desist Order.
At any time prior to either the finality of the Order ofthe Secretary or the perfection of an appeal, in cases
where any party may suffer grave or irreparable damage,
or where the performance or continuance of certain acts
will render the case moot and academic, or where there
is a need to maintain peace and order and prevent injury
or loss of life or property, the Secretary or the
Undersecretary for Legal Affairs may, motu proprioor at
the instance of any party, issue a Cease and Desist
Order (CDO) to prevent grave and irreparable damagewhile awaiting resolution of the case.
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SECTION 44. Failure to Comply, Ground forContempt.
The failure of any person to comply with the TRO
or CDO is a ground for Indirect Contempt.
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SECTION 45. Powers of the Secretary.
The DAR Secretary and the Undersecretary for Legal Affairs
shall have the power
1. to summon witnesses,
2. administer oaths,
3. take testimonies,
4. require submission of reports,
5. compel the production of books and documents andanswers to interrogatories,
6. issue subpoena duces tecumand ad testificandum, and
7. issue other writs and processes necessary for the
resolution of the petition.8. The DAR Secretary shall likewise have contempt powers,
direct and indirect, in accordance with Section 50 of R.A.
No. 6657, as amended.
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(As of May 2004) DARs Management Information System
(MIS) revealed that titles for about 380,000 hectares of
farmlands have been cancelled. The incidence of title
cancellation was highest in Southern Tagalog, followed byCARAGA region which comprises the provinces of Surigao
del Norte and Sur and Agusan del Norte and Sur.
While DAR has yet to show disaggregated data on thecurrent numbers and the reasons for cancellation, the usual
reasons for the departments action to cancel included
erroneous coverage of land, erroneous entry of data and
transfer action (or change of documents from EP to CLOA).
Decisions of the DAR Adjudication Board on cases involving
retention, exemption, re-issuance of owners title, and
correction of farmer-beneficiaries were also cited.
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Yet another reason was the reclassification of land
under which lands distributed, for unknown reasons,
have suddenly been reclassified for residential,commercial and industrial uses by a local zoning
ordinance or land use plan.
In the past 16 years, around 800,000 hectares ofagricultural lands have been converted to other
uses, based on government records. Land
conversion, according to a source from DAR, is the
easiestway of circumventing the law.
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Based on DAR records, foreclosed properties due to
non-payment of amortization totaled around 100,000
hectares. This implies that the economic conditions offarmer-beneficiaries did not improve significantly to
enable them to sustain payment.
Recent surveys by the Center for Peasant Education
and Services (CPES) in Southern Tagalog and
Central Luzon regions showed that three out of five
holders of CLOA or EP have sold their rights ormortgaged then abandoned their properties without
payment.
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References
http://www.lis.dar.gov.ph/home/document_
view/6434
http://bulatlat.com/news/4-21/4-21-
agrarian.html
CARPER PRIMER 2010
FINIS (G i A i Tibi)
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FINIS (Gratias Agimus Tibi)
(report by: Kristal Mae
M. Campos)