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Republic of the Philippines

HOUSE OF REPRESENTATWES
Quezon
City
FIFTEENTH CONGRESS
First Regular Session
946
HOUSE RESOLUTION NO.
INTRODUCED BY ANAKPAWIS PARTY-LIST REPRESENTATTVE
RAFAEL V. MARIANO
R.ESOLUTION
DIRECTING THE COMMITTEE ON AGRARIAN REFORM
TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE EXTENT OF
CANCELLATTON oF CERTTFICATES
oF LAND owNERSHIp AWARD (cl,oAs),
CERTIFICATES OF LAND TRANSFER
{CLTs)
AND EMANCIPATION PATENTS
(EPS} AND REVIEW ALL LAWS, MEASURES AND JURISPRUDENCE PERTAINING
TO THE SAME AND IF WARRANTED,
STOP ALL IMPENDING CANCELLATION
WHEREAS, Section 24 of Republic Act No. 6657, as amended, otherwise known as
"Comprehensive Agrarian Reform Law of 1988" provides that, "the rights and"
responsibilities of the beneficiary shall commence
from
the time the DAR makes an
award of the land to him, which award shall be completed within one hundred eighty
(1BO) dags
from
the time the DAR takes actualpossesslon of the land. Otunership of
the beneficiary shall be euidenced. by a Certiftcate of Land Ownership Award", tahich
shall contain the restrictions and conditions prouided
for
in this Act, and. shqll be
recorded in the Register of Deeds concemed and annotated on tLte Certifi.cate of
Title";
WHEREAS, based on the records from the Department of Agrarian Reform (DAR),
as of June 2OO9, there is a total area of 117,478 hectares of cancelled
Emancipation Patents (EPs) and Certificates of Land Ownership Award (CLOAs)
affecting 50,705 farmer beneficiaries;
WIIEREAS, based on the sarne records, DAR identified the following reasons for the
cancellation: (1) Administrative
Order No. 8 Series of 1993 (21 correction of
technical description of Emancipation Patents (EPs) or Certificate of Land
Ownership Award (CLOAs) (3) default in the obligation of payment (a) double
issuance of title (5) erroneous coverage (6) exemption/conversion by the landowner
(7) illegal conversion by the agrarian reform benehciaries (ARBs) (B) misuse of the
land (9) reallocation (10) retention area (11) sale/transfer of rights by the agrarian
reform beneficiaries (ARBs) (I2\ subdivision of collective Certificate of Land
Ownership Award (CLOA), arrd (13) transfer action;
WHEREAS, according to IBON Foundation, as of December 2006, there are 5,049
EPs and 103,092 CLOAs that have been cancelied involving 204,579 hectares of
land. CLOA and EP cancellations increased by 3,890 percent from 1995 data of
2,780, while land increased by L,I62 percent from 16,213 hectares. This shows a
huge discrepancy with the report
of DAR;
WHEREAS, according to Kilusang Magbubukid ng
pilipinas
(KMp), the biggest
national peasant organization in the country, there have been massive cancellation
of cloAs, EPs and cLTs and some of them are in the following areas:
a. Hacienda Looc, Nasugbu, Batangas. In 1991, DAR issued 25 CLOAs to 1,301
farmer-beneficiaries
covering 3,981.34 hectares, where 24 of these were
collective titles. However, the Department of Agrarian Reform Adjudication
Board (DARAB) and Regional Agrarian Reform Adjudication Board (RARAD)
issued an exemption order in favor of Manila Southcoast Develop-.trt
Corporation (MSDC), owned by business tycoon Henry Sy;
b' Tri-boundary of Tacloban City, Alangalang and San Miguel in the province of
Leyte. In June 11, 1991, a collective CLOA was awarded to the farmers
covering an area of 429.2O74 hectares. CLOAs were cancelled when the DAR
reclassified the lands they till as timberland in 2OO4. The 429 hectare prime
agricultural land allegedly belongs to Court of Appeals Associate Justice
Vicente Veloso;
c. Sitio Mapalad, Barangay Sibul, San Miguel and some parts of adjacent
barangays in Dona Remedios Trinidad, in the province of Bulacan. The 375-
hectares of rich agricultural lands were awarded to the farmers with CLTs,
EPs and CLOAs. Farmers are threatened of displacement when the DAR-
Region III issued an exemption order because of their "failure" to develop the
awarded lands. The aforesaid land allegedly belongs to Camarines Sur
Representative Luis Villafuerte
;
d. Aplaya Laiya in San Juan, Batalgas. It involves 400 hectares of land initially
covered by CARP and CLOAs were issued to the farmers. However, tJre
Department of Tourism declared the area as Tourism Development Area.
After the DOJ Opinion No. 44 came out, DAR exempted it from CARP
coverage and cancelled the CLOAs of the farmers;
e. Hacienda Morales in Barangay Guba, Cebu City. It covers 2l-hectares of
land where at least 40 EPs were cancelled in 2OO7;
f. Hacienda Sejismundo in Barangay Magdugo, Toledo City, Cebu. Twenty-six
(26) farmer-benef,tciaries were made to sign documents by the Department of
Agrarian Reform canceling their Emancipation
patents
(Eps);
g. Hacienda Aleguijo, Toledo City, Cebu. Emancipation Patents (EPs) of farmers
were cancelled by the Department of Agrarian Reform (DAR);
h. Hacienda Libre in Cebu. Certificates of Land Transfer (CLTs) were cancelled
by the Department of Agrarian Reform (DAR). It covers ninety-six (96)
hectares of land in the municipalities of Ponod, Camugao, Lamac and
Pinamungahan;
i. Hacienda Manggubat in Barangay Campusong, Borbon, Cebu. Certificates of
Land Ownership Award (CLOAs) were cancelled by the Department of
Agrarian Reform (DAR);
j
Province of Laguna.
'lwo
hundred (200) Certilicates of Land Ownership
Award (CLOAs) were cancelled affecting 3OO families. The petition for
cancellation was due to the alleged exemption of the land from the coverage
of R.A. 6657, as amended. The petitioner, however, was unable to show any
document proving the alleged exemption;
k. Province of Capiz, Certificates of Ler.nd Ownership Award (CLOAs) and
Certificates of Land Transfer (CLTs) were cancelled affecting 150 families;
l. Province of Pampanga. Certificates of Lald Transfer (CLTs) and Certificates
of Land Ownership Award (CLOAs) were czrncelled alfecting 300 families. The
petition for cancellation was filed based on the allegation that the land was
reserved for housing project. In the sarne province, seventy (70) farmers were
affected by the cancellation of Certificates of Land Ownership Award
(CLOAs). The petition for cancellation was filed on the grouncl that the land
was allegedly part of the retention limit of the landowner;
m. Province of Nueva Ecija. It involves cancellation of CLTs and EPs due to
alleged non-payrnent of amortization. But the DAR itself has no clear and
convincing account of this amortization. Another case involves cancellation
of EPs because it was alleged that the land was part of the retention limit of
the landowner:
WHEREAS, according to Sentro pa-ra sa Ttrnay na Repormang Agraryo Foundation
Inc. (SENTRA), an institution that provides free legal aid to farmers with agrarian
cases, there are al most 50,O0O cases pendi ng before DAR, whi ch i nvol ve exempti on,
conversion and cancellation of EPs and CLOAs;
WHEREAS, the massive cancellation of CLOAs, CLTs and EPs in the countryside
has been used by the landlords as a lega1 maneuver to evade the government's
"agrarian reform" program;
WHEREAS, farmers are rrow protesting agarnst the continuous cancellation of
CLOAs, CLTs, and EPs that resulted to their eviction and constant threat of
displacement, and in some cases, have caused ejectment from the land they have
long tilled. They doubt the government's
sincerity in implementing a comprehensive
agrarian reform program that causes continuing social unrest in the countryside.
NOW' THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED that the
Committee on Agrarian Reform to conduct an inquiry, in aid of legislation, on the
extent of cancellation of Certificates of Land Ownership Award (CLOAs), Certificates
of Land Transfer (CLTs) and Emancipation Patents (EPs) and review all laws,
measures and
jurisprudence
pertaining to the same and if warranted, stop all
impending cancellation.
Adopted,

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