Letter to a Lawyer:

Dear Attorney,

I am writing to seek clarification regarding the application of a Certificate of Land Ownership Award (CLOA) under the Comprehensive Agrarian Reform Program (CARP). Specifically, I would like to understand the limitations on the size of the land that an applicant may be eligible to receive through this program.

Could you kindly provide detailed guidance on the eligibility criteria, the procedures for application, and any legal limitations regarding the size of the land that can be awarded? I would greatly appreciate a comprehensive explanation, including any relevant laws, jurisprudence, or government issuances on this matter.

Thank you for your assistance.

Sincerely,
A Concerned Citizen

Legal Analysis: Understanding CLOA Applications and Maximum Land Area Eligibility Under Philippine Law

The Comprehensive Agrarian Reform Program (CARP), established under Republic Act No. 6657 (the Comprehensive Agrarian Reform Law of 1988) as amended by Republic Act No. 9700, aims to promote equitable land distribution and social justice in the Philippines. One of its most significant mechanisms is the issuance of the Certificate of Land Ownership Award (CLOA) to qualified agrarian reform beneficiaries (ARBs). CLOA signifies ownership of agricultural land distributed under the CARP. This article explores the parameters governing the application for CLOA and the corresponding limitations on land area.

1. Legal Framework for CLOA Distribution

A. Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988)

RA 6657 lays the groundwork for the CARP, declaring the redistribution of all agricultural lands to landless farmers and farmworkers. The law aims to achieve a more equitable distribution of wealth and provide farmers with opportunities for economic self-sufficiency.

Under this law:

Agricultural Land Scope: All agricultural lands exceeding retention limits, regardless of tenurial arrangement or ownership, are covered.
Retention Limits: Landowners are allowed to retain up to five hectares, and each child of the landowner may retain three hectares, provided they are at least 15 years old and directly engaged in farming.

B. Republic Act No. 9700 (Amendments to RA 6657)

RA 9700 introduced provisions to strengthen and expedite CARP implementation, extending the program's timeline and funding.

2. Maximum Land Area for CLOA Applicants

Under RA 6657 and subsequent regulations issued by the Department of Agrarian Reform (DAR), the maximum land area that can be awarded to an individual ARB is determined by:

Land Size Limitation for Beneficiaries: A maximum of three hectares of agricultural land can be awarded to each qualified ARB under Section 25 of RA 6657.
Purpose of Limitation: The restriction ensures equitable land distribution and avoids overburdening beneficiaries with unmanageable landholdings. It also aims to maximize the use of agricultural land for productivity and food security.

3. Eligibility Criteria for CLOA Applicants

To qualify for a CLOA, individuals must meet the following requirements:

A. General Qualifications

Landless Farmers or Farmworkers: Applicants must not own more than three hectares of agricultural land before the award.
Willingness and Capability to Cultivate the Land: Beneficiaries must demonstrate their intention and ability to make the land productive.

B. Prioritization

The DAR prioritizes specific groups for CLOA distribution:

Agricultural lessees and share tenants.
Regular farmworkers.
Seasonal farmworkers.
Other farmworkers.
Actual tillers or occupants of public lands.
Collective ownership for community-based beneficiaries.

C. Restrictions

Land acquired under CARP cannot be sold, transferred, or mortgaged within 10 years of the award, except through hereditary succession or DAR approval.

4. Collective CLOAs and Individualization

A. Collective CLOA

CLOAs may be issued to groups of farmers, especially in cooperatives or other collective setups.
The maximum land area for each individual in the collective setup remains three hectares, as prescribed by law.

B. Individualization of Collective CLOAs

Beneficiaries may request the subdivision and individualization of collective CLOAs into separate titles, provided they meet DAR requirements.

5. Procedures for CLOA Application

A. Initial Steps

Identification of Beneficiaries: Conducted through the Barangay Agrarian Reform Committee (BARC).
Application Submission: Applicants must file their application with the DAR municipal office, including necessary documentation (e.g., proof of residency, proof of tillage).

B. Land Survey and Valuation

Land subject to CLOA is surveyed to determine boundaries and valuation.

C. Issuance of CLOA

After compliance with legal and administrative requirements, the DAR issues the CLOA to beneficiaries.

6. Jurisprudence on CLOA Distribution

The Supreme Court has decided numerous cases interpreting CARP provisions, emphasizing the following principles:

Eligibility and Good Faith: Beneficiaries must act in good faith and comply with legal obligations to retain awarded lands.
Limitations on Transfers: Violations of the 10-year restriction on transfers result in the cancellation of CLOA titles.

Key cases include:

Land Bank of the Philippines v. Orilla (G.R. No. 193796), which discussed valuation disputes.
DAR v. Beronilla (G.R. No. 195266), emphasizing compliance with qualification requirements.

7. Practical Considerations for CLOA Holders

A. Economic Viability

Beneficiaries are encouraged to ensure land productivity through agrarian reform programs, such as:

Training in modern farming methods.
Access to credit facilities.
Participation in cooperatives or community-based organizations.

B. Monitoring and Compliance

DAR actively monitors CLOA holders to ensure compliance with CARP objectives and prevent land abandonment or illegal transfers.

8. Controversies and Challenges in CLOA Distribution

A. Administrative Delays

Land surveys, valuation disputes, and administrative inefficiencies often delay CLOA issuance.

B. Post-Distribution Issues

Conflicts among collective CLOA beneficiaries regarding land partition.
Non-utilization of awarded lands due to lack of support services.

C. Policy Reforms

Calls for stricter enforcement of CLOA conditions.
Proposed amendments to improve land redistribution processes.

Conclusion

The CARP, through the issuance of CLOAs, seeks to uplift Filipino farmers by granting equitable access to agricultural land. The three-hectare cap ensures a balance between equity and productivity. Understanding the eligibility criteria, procedural requirements, and legal implications is crucial for prospective beneficiaries. Those seeking CLOAs are advised to engage with the DAR for guidance and to remain compliant with their obligations under the program.

This framework underscores the government’s commitment to agrarian reform and the empowerment of the agricultural sector, a cornerstone of Philippine socio-economic development.