Transfer of Possession Rights for Farmers Before CLOA Issuance in the Philippines

Introduction

In the Philippine agrarian reform system, the Certificate of Land Ownership Award (CLOA) represents the culmination of the land distribution process under the Comprehensive Agrarian Reform Program (CARP). However, the issuance of a CLOA can often be delayed due to administrative, legal, or logistical hurdles, leaving agrarian reform beneficiaries (ARBs) in a precarious position regarding their access to and control over the land. This article explores the mechanisms available for the transfer of possession rights to farmers prior to CLOA issuance, grounded in Philippine laws, administrative orders, and judicial precedents. It examines the legal basis, procedural steps, rights and obligations of involved parties, potential challenges, and remedies, providing a comprehensive overview of this critical aspect of agrarian justice.

The Philippine Constitution of 1987, particularly Article XIII, Section 4, mandates the State to undertake an agrarian reform program founded on the right of farmers and regular farmworkers to own directly or collectively the lands they till. This constitutional imperative is operationalized through Republic Act No. 6657 (RA 6657), as amended by Republic Act No. 9700 (RA 9700), which establishes CARP. While CLOA issuance signifies full ownership transfer, the law recognizes the need for interim possessory rights to ensure farmers' security of tenure and productivity during the reform process.

Legal Framework Governing Pre-CLOA Possession Rights

The transfer of possession rights before CLOA issuance is primarily anchored in several key statutes and regulations:

1. Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988), as amended:

   • Section 16 outlines the procedure for land acquisition and distribution, including the identification of beneficiaries, valuation, and payment to landowners. Crucially, it implies that once a Notice of Coverage (NOC) is issued by the Department of Agrarian Reform (DAR), the land is placed under CARP coverage, triggering protections for potential ARBs.
   • Section 22 grants qualified farmers the right to possess and cultivate the land, emphasizing that beneficiaries shall be awarded either individual or collective ownership. This section supports interim possession to prevent land idleness or eviction.
   • Section 24 provides for the installation of beneficiaries on the land, allowing DAR to issue orders for peaceful possession even before full compensation to the landowner, provided just compensation is determined and deposited.

2. Republic Act No. 3844 (Agricultural Land Reform Code), as amended:

   • This pre-CARP law protects tenancy rights, prohibiting the ejection of tenants except for just causes. Sections 7 and 8 establish security of tenure for agricultural lessees, which extends to potential ARBs under CARP. Farmers cultivating the land as tenants or lessees retain possessory rights during the transition to ownership.

3. Presidential Decree No. 27 (Tenant Emancipation Decree):

   • Although primarily for rice and corn lands, PD 27's principles influence CARP implementations. It allows for the issuance of Certificates of Land Transfer (CLTs) as precursors to Emancipation Patents (EPs), similar to pre-CLOA mechanisms, ensuring farmers' continued possession.

4. DAR Administrative Orders (AOs):

   • DAR AO No. 02, Series of 2009 (Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands under RA 6657, as amended), details the process for beneficiary installation. It authorizes the DAR Provincial Agrarian Reform Officer (PARO) or Municipal Agrarian Reform Officer (MARO) to issue Installation Orders or Writs of Installation to place ARBs in possession.
   • DAR AO No. 07, Series of 2011, addresses the resolution of agrarian disputes and provides for interim relief, including temporary possession orders.
   • DAR AO No. 01, Series of 2019, streamlines CLOA issuance but reiterates that delays should not prejudice farmers' possessory rights.

5. Related Laws:

   • Republic Act No. 11953 (New Agrarian Emancipation Act of 2023) condones loans and accelerates land distribution, indirectly supporting faster possession transfers by resolving financial barriers.
   • The Civil Code (Articles 429 and 539) provides general principles on possession, allowing lawful possessors to defend their rights against unlawful interference.

These laws collectively ensure that possession can be transferred to farmers as an interim measure, aligning with the social justice goals of agrarian reform.

Procedures for Transferring Possession Rights Before CLOA Issuance

The process for securing possession rights prior to CLOA issuance involves several administrative and legal steps, typically initiated by the DAR or petitioned by the farmers:

1. Issuance of Notice of Coverage (NOC):

   • The DAR issues an NOC to the landowner, signifying that the land is subject to compulsory acquisition under CARP. This triggers a valuation process via the Land Bank of the Philippines (LBP).
   • Upon NOC, potential ARBs (identified through screening) gain preliminary rights, including protection from eviction under Section 50 of RA 6657.

2. Beneficiary Identification and Screening:

   • The DAR conducts a Master List of ARBs, verifying qualifications under Section 22 of RA 6657 (e.g., landless farmers, tillers with willingness and ability to cultivate).
   • Farmers may submit petitions to the MARO for inclusion, supported by evidence of tenancy or cultivation.

3. Valuation and Compensation:

   • The LBP determines just compensation. Once accepted or deposited (in cases of rejection), possession can be transferred per Section 16(e) of RA 6657.
   • If the landowner contests valuation, the DAR can still proceed with installation, as possession transfer is not contingent on final payment but on deposit.

4. Issuance of Installation Orders:

   • The PARO or DAR Secretary issues a Writ of Installation or Order of Placement, directing the landowner to surrender possession peacefully.
   • Law enforcement (e.g., Philippine National Police) may assist in execution if resistance occurs, as per DAR-PNP Memorandum of Agreement.
   • Farmers receive a Certificate of Stewardship or Interim Possession Document, outlining their rights to cultivate and harvest.

5. Judicial Intervention:

   • If administrative remedies fail, farmers can file a petition before the DAR Adjudication Board (DARAB) for a Writ of Preliminary Injunction or Temporary Restraining Order against eviction.
   • Appeals can go to the Court of Appeals or Supreme Court, but DARAB has primary jurisdiction over agrarian disputes (RA 6657, Section 50).

In practice, the timeline from NOC to installation can range from months to years, depending on complexities like landowner protests or title issues.

Rights and Obligations of Farmers and Landowners

Farmers' Rights:

• Security of Tenure: Protected from arbitrary eviction; any disturbance must be adjudicated by DARAB.
• Right to Cultivate and Harvest: Farmers can plant, maintain, and reap crops, sharing proceeds if under leasehold.
• Support Services: Access to credit, irrigation, and extension services under RA 6657, Section 35.
• Compensation for Improvements: If displaced later, reimbursed for investments made during possession.
• Collective Possession: For large estates, farmers may form cooperatives to manage land collectively pre-CLOA.

Farmers' Obligations:

• Comply with agrarian laws, including payment of amortization once CLOA is issued.
• Maintain land productivity and avoid subdivision or conversion without DAR approval.
• Participate in dispute resolution processes.

Landowners' Rights:

• Receive just compensation before full title transfer.
• Challenge coverage or valuation through proper channels (e.g., Special Agrarian Courts).
• Retain portions under retention limits (5 hectares per RA 6657).

Landowners' Obligations:

• Allow peaceful installation and refrain from harassment.
• Surrender possession upon valid DAR order, with penalties for non-compliance (fines or imprisonment under RA 6657, Section 74).

Judicial Precedents and Case Law

Philippine jurisprudence reinforces pre-CLOA possession rights:

• Department of Agrarian Reform v. Delos Reyes (G.R. No. 176454, 2009): The Supreme Court upheld DAR's authority to install beneficiaries pending CLOA issuance, emphasizing that delays in compensation do not justify withholding possession.
• Heirs of Roman Soriano v. Court of Appeals (G.R. No. 128177, 2001): Affirmed that tenants' possessory rights under CARP prevail over landowners' claims during the reform process.
• Land Bank of the Philippines v. Heirs of Eleuterio Cruz (G.R. No. 175175, 2008): Clarified that deposit of compensation allows immediate possession transfer to ARBs.
• Association of Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform (G.R. No. 78742, 1989): The landmark case validating CARP's constitutionality, underscoring the State's power to effect interim measures for social equity.

These cases illustrate the courts' deference to DAR's administrative discretion in possession matters, provided due process is observed.

Challenges and Remedies

Common challenges include:

• Landowner Resistance: Harassment, fencing, or crop destruction; remedied through DARAB complaints or criminal charges under RA 6657.
• Administrative Delays: Backlogs in valuation or screening; farmers can seek mandamus petitions to compel DAR action.
• Conflicting Claims: Multiple claimants; resolved via DARAB mediation or adjudication.
• Land Conversion: Illegal conversion to non-agricultural use; punishable under RA 6657, Section 73.
• Climate and Economic Factors: Natural disasters or market fluctuations affecting productivity; addressed through government support programs.

Remedies emphasize alternative dispute resolution (ADR) under DAR AO No. 03, Series of 2017, promoting mediation before litigation.

Conclusion

The transfer of possession rights to farmers before CLOA issuance is a vital safeguard in the Philippine agrarian reform framework, ensuring that the goals of land redistribution are not undermined by procedural delays. By leveraging statutory protections, administrative mechanisms, and judicial oversight, farmers can secure interim control over the land they till, fostering agricultural productivity and social stability. However, effective implementation requires vigilant enforcement by DAR and active participation from beneficiaries. As agrarian reform evolves, particularly with recent legislative enhancements, these pre-CLOA measures remain essential to realizing the constitutional vision of equitable land ownership for Filipino farmers.