74,000 Hectares of Untitled Land Will Still Be Distributed To Farmers

Thursday, 20 December 2012 15:36

Department of Agrarian Reform Secretary Virgilio de los Reyes clarified that untitled private agricultural lands (UPALs) will not be “excluded” from coverage under the Comprehensive Agrarian Reform Program. De los Reyes made the assertion following news reports that the DAR has identified more than 77,000 hectares of “untitled private agricultural lands” that can no longer be covered by the Comprehensive Agrarian Reform Program Extension with Reforms or CARPer.

In contextualizing the issue, de los Reyes said that there are two government agencies tasked with distributing land under the agrarian reform program: DAR which is tasked with distributing private agricultural lands and government-owned lands in proclaimed settlements, and the DENR which distributes alienable and disposable public lands suitable for agriculture.

Included in the lands to be distributed by DAR are the so-called untitled private agricultural lands or “UPALs”. However, the recently-issued DOJ Opinion No. 100 Series of 2012 provides that the so-called “untitled private agricultural lands” in excess of 12 hectares should be reverted to the State in which case these can be distributed by the DENR to qualified agrarian reform beneficiaries as certified jointly by the DAR and the DENR. The DOJ explained that under the Constitution and the Public Lands Act, as amended, a person can only claim and can have titled, whether administratively or through judicial process, not more than 12 hectares of untitled lands.  It is for this reason that a person can only claim to be a landowner of not more than 12 hectares of untitled private agricultural lands.  Anything beyond this is publicly-owned. In effect, the DOJ Opinion states that while DAR remains as the agency responsible for distributing UPALs which are 12 hectares and below, in cases of this class of landholdings which are beyond 12 hectares, the DENR will be responsible for distributing the area in excess of 12 hectares since this portion is technically public agricultural land.  However, CARP beneficiaries of lands awarded by DENR need not pay amortization and will need to shell out minimal payment under miscellaneous sales or sales patent.

The DAR sought the DOJ Opinion when the Land Bank pointed out that it cannot put value on the portions of the UPALs in excess of 12 hectares which were being acquired by the DAR for distribution because these are technically not private lands entitled to just compensation.

The Department’s LAD database (which identifies all landholdings still to be distributed by the DAR) presently lists 6,414 landholdings with a total area of 74,733 hectares which are classified as UPALs. As a result of the DOJ Opinion, the DAR will turn over to the DENR the portions of these landholdings tagged as UPALs which are in excess of 12 hectares: this covers an area totalling at least 66,837 hectares which will be turned over to the DENR for possible distribution. The balance of UPALs totalling 7,896 hectares will still be acquired and distributed by the DAR.

Thus, the bulk of the more than 74,000 hectares of untitled agricultural lands will still end up with farmer-beneficiaries, according to Agrarian Reform Secretary Virgilio de los Reyes. "Whether these lands fall under the jurisdiction of the DAR or DENR, the objective remains the same: distribute them to actual tillers or landless farmers," he pointed out.

De los Reyes said the DAR will subject the 12-hectare UPALs under CARP coverage, and will allow only five hectares for retention to any individual, corporation, association or partnership currently in possession of these untitled private agricultural lands. He noted that those in excess of 12 hectares shall be turned over to the DENR, which shall oversee the process of distribution to legitimate farmer-beneficiaries.

This, he added, is in accordance with the DOJ ruling which cited Section 15 of E.O. No. 229: "All alienable and disposable lands of the public domain suitable for agriculture and outside proclaimed settlements shall be distributed by the Department of Environment and Natural Resources to qualified beneficiaries as certified jointly by the DAR and the DENR."

The DAR and DENR officials, according to De los Reyes, have agreed to meet at the soonest possible time to discuss the mechanics of distribution of untitled private agricultural land. Both Departments will submit their recommendation to the Presidential Agrarian Reform Council, which shall discuss the issue in consultation with stakeholders including farmers' groups, non-government organizations and landowners' associations. When this process is completed, the 66,000 hectares will be deducted from the balance of lands still to be distributed by the DAR and added to the balance of distributable lands of the DENR.