being copies comments refinements necessarily

More documents

Recommendations

Info

conversion to non-agriculture use allows the land to be sold without the restrictionsimposed upon by the land reform law. Land conversions are common on lands locatedalong highways or major roads which are ideal for agro-industrial uses (drying area,warehouse, milling, etc). It is also possible that small farm parcels in an agriculturalvillage are converted to residential lots which improve collateral value of the land both inthe informal and formal credit sectors.In 2002 and 2005, key informant interviews (KIs) among barangay officials,farmers, and knowledgeable persons were undertaken to validate ownership recordsbased on the Municipal Assessors office tax payers’ file and the DAR masterlist ofbeneficiaries. The KIs were conducted on all the names listed in AO and DAR recordsand information about their residence status and farming activities in the village wereobtained from the key informants.Based on 2005 DAR records, the agrarian reform beneficiaries (i.e. those whowere awarded lots) in NE1 and NE2 consist of 141 and 103 households, respectively. Inboth villages, many of the beneficiaries still own and currently cultivating the landawarded to them (Table 5). Transfers via inheritance to wife or heirs are also common.In both villages, about one-third of the farmer beneficiaries have transferred their land totheir wives or children. On the other hand, some beneficiaries have sold the landawarded to them. This proportion of beneficiaries who sold land is higher in NE2 (31%)than in NE1 (23%).The extent of pawning among the beneficiaries is lower than selling. However, it ispossible that some of those who sold their properties have initially pawned the land.Some pawning transactions have remained outstanding for more than 3 years.The extent of land transfers via sale overtime could also have been higher. Landtransfers have started even in the early years of the land reform program prior to theissuance of titles specifically EPs. Transfers prior to the issuance of EPs have beenmostly undertaken through waiver of rights. It is possible that some farmer beneficiariesin the DAR records are no longer the “original” farmer beneficiary. The waiver of rightsexecuted by the original farmer beneficiary implies that the title (EP) which may not havebeen issued yet at the time of sale can be granted in the name of the buyer or “new”beneficiary. These type of transfers are difficult to account for since the DAR office hasno systematic record of changes in names of beneficiaries even prior to the issuance ofEPs or CLOAs.Land transfers do not <strong>necessarily</strong> have to be between farmer beneficiary andoriginal landowner. The contribution of overseas workers in the households hasimproved incomes of some farmer beneficiaries which enabled them to increaselandholdings. The socioeconomic profile of buyers shows that they have better incomesthan sellers but are not <strong>necessarily</strong> the elite in the municipality. They have betterfinancial standing than the other farmers due to the presence of household membersworking overseas (Table 6). With the income from non-farm activities, they havebecome sources of financing in the village. It has also been a customary practice in thevillage that farmers with intention to sell initially approach relatives or co-farmers withsufficient cash before they approach non-relatives or professional money-lenders.Sellers are predominantly those who are totally dependent on farm income. Inaddition to the land they own they also work in other farms as “porsiyentohan”. Farm11
and household assets are also fewer than buyers (Tables 7 & 8). These householdsare also dependent on animal power than mechanical power for farming.The results of the survey show that direct and indirect land transfers are widelyacceptable practices in the village. These transactions are legalized by registration inDAR municipal and provincial records and/or with the registry of deeds and assessor’soffice. A description of the process of registration for the different schemes to sellawarded land is provided below.Direct Sale Transactions1. Farmer beneficiary approach a possible buyer, which is usually aperson with available cash.2. Farmer-beneficiary and buyer agree on the price and other conditionsof sale.3. The farmer beneficiary files with the DAR Municipal Office a writtenrequest to transfer landholding with the following documents (DARAdministrative Order 8 series of 1995/1996): (a) certification of Fullpayment of amortization to be issued by the Land Bank or the DAR forVoluntary Land Transfer and Direct Payment schemes; (b)certification on full payment of irrigation fees; (c) certificationcertification on loans from DAR or LBP; (d) Tax clearance; (e)Affidavit of that the land has no pending case with the DARAB, DAR,Courts or the Office of the President.4. The Buyer submits the following documents: (a) affidavit of aggregatearea of agricultural landholding in the country; (b) certification of theprovincial Assessors Office regarding the extent of buyer’s landholdingwithin the province; (c) copy of income tax return and residencecertificate.5. DAR Provincial Office reviews and evaluates the documents andprovide recommendation.6. DAR Regional Office reviews the documents and recommendations ofthe DAR PO.7. The Regional Director approves or disapproves the recommendationsof the DAR Provincial Office.8. The decision of the Regional Director is forwarded to the Legaldivision for proper disposition. Copies of the decision will be given tothe contracting parties, DARPO and DARMO.9. The decision of the regional Director may be appealed to theSecretary through the Bureau of Agrarian Legal Assistance.Sale Transactions through Waivers of Rights10. Farmer beneficiary approach a possible buyer, which is usually aperson with available cash.11. Farmer-beneficiary and buyer agree on the price and other conditionsof sale.12. Farmer-beneficiary executes “waiver of rights” in favor of the buyer.13. Surviving heirs also sign the waiver of rights to indicate theiragreement to the sale.12
Page 1 and 2: Philippine Institute for Developmen
Page 3 and 4: Land Reform and Changes in Land Own
Page 5 and 6: land ownership structures prior to
Page 7 and 8: prevalence of tenure arrangements i
Page 9 and 10: (OLH) program which provides existi
Page 11: Land pawning or sanglaan, in partic
Page 15 and 16: ownership of lands has been with th
Page 17 and 18: The change in ownership concentrati
Page 19 and 20: (CARP). CARP Impact Assessment Stud
Page 21 and 22: Table 3. DAR Land Distribution Prog
Page 23 and 24: Table 5. Transfer Action Cases of A
Page 25 and 26: Table 8. Household Assets of Buyers
Page 27 and 28: Table 10. Distribution of Estimated
Page 29 and 30: Table 12. Distribution of Estimated
Page 31: Table 14. Land Ownership Concentrat

being copies comments refinements necessarily

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?