[Letter to a Lawyer]

Dear Attorney,

Good day! I would like to seek your advice regarding an issue related to land ownership and the Comprehensive Agrarian Reform Program (CARP) in the Philippines. Specifically, I am concerned about how many hectares of land an individual can apply for under the Certificate of Land Ownership Award (CLOA). I want to ensure I understand the legal limitations, qualifications, and procedures involved in applying for a CLOA title.

I would appreciate your expert guidance on this matter. Thank you for your assistance.

Sincerely,
A Concerned Citizen

Legal Analysis: The Maximum Land Area for CLOA Applications Under Philippine Law

The Comprehensive Agrarian Reform Program (CARP) of the Philippines, established under Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL) of 1988, is a cornerstone of land reform in the country. One of the central components of this program is the issuance of Certificates of Land Ownership Award (CLOA), which grants qualified farmer-beneficiaries ownership of agricultural lands. Understanding the legal limitations, particularly the maximum land area allowed per beneficiary, is critical to the program's equitable implementation.

Legal Framework Governing CLOA Land Applications

Land Ceiling for Farmer-Beneficiaries
Under the CARL and subsequent amendments, the law provides a clear ceiling for land distribution to agrarian reform beneficiaries. Specifically, the maximum area of agricultural land that can be awarded to a farmer-beneficiary is three (3) hectares. This limitation is rooted in the principle of equitable land distribution, which seeks to prevent excessive landholdings and ensure that the land remains productive and sustainable.
- Section 25 of RA 6657: The law explicitly states that "the lands awarded to beneficiaries should not exceed three (3) hectares per individual beneficiary."
- Purpose of the Land Ceiling:
  The rationale for this limit is to balance land equity with the capacity of beneficiaries to manage and make productive use of the land. Larger landholdings might exceed the resources and skills of farmer-beneficiaries, undermining the program's goals.
Provisions for Family Farms
The CARL also acknowledges the concept of "family-sized farms." These are defined as areas of agricultural land sufficient to provide a decent livelihood for a family. In practical terms, this aligns closely with the three-hectare limit set by law.
Collective CLOA Awards
While individual beneficiaries are limited to three hectares, there are instances where CLOAs are issued on a collective basis. In such cases, the total area awarded is divided among the members of a cooperative or farmers' association, with each member entitled to no more than three hectares.

Qualifications for CLOA Applicants

To qualify for a CLOA, applicants must meet certain criteria under the CARL and its implementing rules:

Eligibility:
- The applicant must be a landless farmer or tenant.
- Preference is given to individuals who are already tilling the land.
- Applicants must demonstrate the capacity to cultivate and manage the awarded land productively.
Residency Requirement:
- Beneficiaries must reside in the same barangay or municipality where the land is located, ensuring familiarity with the land and its agricultural potential.
Economic Status:
- Priority is given to marginalized farmers and agricultural workers who lack sufficient means to acquire land on their own.
Prohibition on Transfer:
- CLOA recipients are prohibited from selling or transferring the awarded land within ten years of issuance, ensuring that the land remains under the control of agrarian reform beneficiaries.

Exceptions and Special Cases

Landholdings Exceeding Three Hectares
- In rare cases, collective CLOAs or partnerships with cooperatives may result in larger total landholdings. However, these arrangements must comply with the three-hectare limit per individual member.
Retention Limits for Landowners
- CARL allows landowners to retain up to five hectares of agricultural land. Any excess land is subject to acquisition and redistribution under the agrarian reform program. Beneficiaries of redistributed land must adhere to the three-hectare ceiling.
Ancestral Domains
- Lands recognized under the Indigenous Peoples' Rights Act (IPRA) may not fall under CLOA provisions. Indigenous communities have distinct rules for land ownership and management.

Procedures for Applying for a CLOA

The process of applying for a CLOA involves multiple steps and agencies, primarily the Department of Agrarian Reform (DAR):

Identification of Land:
The land subject to redistribution must first be identified by the DAR. This involves surveys, land-use assessments, and legal classification.
Submission of Applications:
Eligible farmers must submit their applications to the DAR office in their locality, along with documentary proof of their eligibility.
Screening and Validation:
The DAR conducts a thorough validation process to verify the applicant's qualifications, landholding status, and residency.
Issuance of CLOA:
Once approved, the DAR issues the CLOA to the farmer-beneficiary. The CLOA serves as proof of ownership but comes with conditions, such as prohibitions on sale or conversion of the land within the prescribed period.

Challenges in CLOA Implementation

Despite the program's noble objectives, several challenges have arisen in the implementation of CLOAs:

Fragmented Landholdings:
The three-hectare limit has sometimes resulted in fragmented and isolated parcels of land, reducing efficiency in agricultural production.
CLOA Clustering Issues:
In collective CLOA arrangements, disputes over land division and management have been common.
Tenure Security:
CLOA holders often face threats of eviction, legal disputes, or pressure to sell their rights illegally.
Financing and Support Services:
Farmer-beneficiaries frequently lack access to financing, technical assistance, and infrastructure needed to maximize productivity.

Recommendations for Aspiring CLOA Applicants

To ensure success in applying for and managing a CLOA:

Understand Your Rights:
Familiarize yourself with the CARL, its implementing rules, and related regulations.
Work with Local Cooperatives:
Joining a farmers' cooperative can provide access to resources, collective bargaining power, and support in managing the land.
Seek DAR Assistance:
Utilize the resources and expertise of the DAR to navigate the application process and resolve disputes.
Stay Compliant:
Adhere strictly to the conditions of the CLOA, including the prohibition on sale and conversion, to maintain ownership and avoid legal issues.

Conclusion

The issuance of CLOAs under the CARP reflects the government's commitment to agrarian reform and equitable land distribution in the Philippines. The three-hectare limit per beneficiary underscores the program's goal of providing land access to the landless while promoting sustainable agricultural development. For prospective applicants, understanding the legal framework, qualifications, and procedures is essential to maximizing the benefits of this vital reform initiative.