Volume 20 Nos. 1 & 2
Changing patterns of
land ownership and their impacts on agricultural productivity and agrarian
relations in Lucban and Pagbilao, Quezon
This research aimed to
document the present characteristics of selected landowners and tenants in
agricultural production systems and describe the changing patterns of land
ownership and food production activities and their corresponding relations on
agricultural production and agrarian relations in Barangay Tinamnan, Lucban and
Barangay Binahaan, Pagbilao in Quezon Province. The data indicate that there is
a need for more directed interventions that would improve not only the
capability of the landless tenants and primary land tillers to improve the
economic returns and profitability of their agricultural farming systems, but
also those of the small-scale landowners and land reform
beneficiary-owner-cultivators. Active interventions from the government and
educational institutions (i.e., do more research on how to further increase productivity
of the different farming and livelihood systems, provide continued agricultural
support services, and construction of infrastructure facilities) are necessary
to arrive at effective farming strategies to improve the livelihood production
capabilities of tenants, landless agricultural laborers, and small-scale land
owners or CARP beneficiary owner-cultivators who are tied up in different
agricultural production systems such as coconut-based and rice-based farming
systems.
The changes in
patterns of landownership and tenure relations in the past few decades have
influenced decision-making processes that determine the levels of productivity
at different agricultural production scales in the Philippines. The changes
were due strengthened capitalist relations that were shaped by the increasing
attention given non-subsistence food production and agri-business ventures in
rural agriculture. Monetary resources determine one's capacity to buy good
seedlings, appropriate agricultural technologies, and own agricultural lands.
The strengthened capitalist, in everyday agricultural activities marginalize
tillers who only have small amounts of capital and no regular monthly income
sources, while it strengthens hold of people with financial resources - urban
professionals, overseas Filipino and high ranking government employees - in
agricultural production. Thus, wealth from agricultural products are
concentrated among those with ample financial resources.
This research was
conducted in Barangay Tinamnan, Lucban and Barangay Binahaan, Pagbilao in
Quezon Province to 1) document the current characteristics of selected main
actors in agricultural production systems; 2) lay out the changing patterns of
land ownership and agrarian relations in two different communities; and 3)
explore the impacts of the changing patterns of land ownership and food
production activities and their corresponding relations on agricultural
production and agrarian relations.
Land management issues
and concepts of land tenure security in upland areas in Northern Luzon: the
case of Mayoyao, Ifugao Province
This research
investigated issues and concerns derived from various legal and administrative
difficulties relating to land utilization regulations in the country.
Particularly, the study determined how the concept of land stewardship affected
land management and land tenure in Mayoyao, Ifugao using key-informant interviews.
Results show that efforts to preserve the rice terraces and maximize its
tourism potentials have imposed unreasonable development guidelines that
hindered the desire of indigenous communities to modernize. The passage of the
Indigenous People's Rights Act (IPRA) of 1997 and administrative concerns like
the creation of the National Commission on Indigenous Peoples (NCIP), which
raised questions on the functions of the agency vis-a-vis those that have
already been administrating land-related programs over the past years, have
further complicated the conflict and tension between indigenous culture and
Philippine legal instruments.
Land management
pertains to the rational use and development of land resources based on
concepts of land capability and suitability. The incorporation of sustainable
development concepts into land management practices have had profound impacts
on the utilization or exploitation of vast undeveloped areas which are mostly
inhabited by indigenous cultural communities or indigenous people. In
modern-day societies, land is considered as a 'commodity' and is utilized based
on the highest net return which runs counter to the traditional value that
people place on land. For instance, the concept of individual or corporate
ownership of land is emphasized in legal and social affairs but for indigenous
communities, land is communally or community-owned.
In the Philippines, a
number of laws and programs on land development and conservation have been
promulgated to preserve the vast cultural heritage and fragile ecosystems in
the upland areas of Northern Luzon.
This research
investigated issues and concerns derived from various laws and programs passed
and implemented to regulate the utilization of land. Of particular concern was
how the indigenous people's (IPs) concept of land stewardship affected land
management and land tenure and the overall impact of land laws and programs.
Recognizing the rights
of indigenous peoples and tenured migrants and fostering partnership in land
management: the case of the Dumagats of Rodriguez, Rizal
The research
investigated how the indigenous cultural communities (lCCs) of the Dumagats
inhabiting the Pamitinan Protected Landscape (PPL) and the uplands of
Rodriguez, Rizal can be effective partners in land management of the proposed
17,000 ha ancestral domain in Rizal. Using manual scalogram analysis method and
the gravity model analysis, the study projected two scenarios in the event of
CADT approval over the ancestral domain. Results showed that the local
government unit (LGU) of Rodriguez, the DENR and the Marikina Watershed
Reservation Management Board (MWRMB) play an important role in enabling the
Dumagats on sustainable land management practices. Both scenarios also
recognize the danger of urban intrusion into the lands which could result in
conflicts between Dumagat and non-Dumagat settlers. To address difficulties in
land management, it was recommended that management arrangements led by IPSCO
be made with established institutional linkages in updating the municipal
comprehensive land use plan and zoning ordinance and with provisions of
management capability-building mechanism for the ICCs. It was also recommended
that the geographical size of the claimed ancestral domain be reconsidered
based on the ICCs capacity to co-manage the area.
In the Philippines,
Indigenous Peoples (IPs) and Indigenous Cultural Communities (lCCs) have long
occupied vast tracts of lands long before developments brought about by
urbanization and formal land titling systems overtook their territories.
Commercial and industrial developments may have brought benefits to big
businesses and their intended end-users but not to IPs and ICCs who and which
have been displaced from their lands due to upland urbanization, commercial
logging and mining and construction of dams. Most of these activities were done
without realizing that IPs and ICCs could actually be effective partners in the
management of these areas provided they are given rights to own lands and are
enabled to manage resources as they live and preserve their own unique ways.
With the enactment of
R.A. 8371 or the Indigenous Peoples Rights Act (lPRA) in 1997, the
applicability of customary laws governing property rights to their ancestral
domains or lands which they traditionally occupy was given due recognition.
Aside from the IPRA, there are other national policies which recognize the
rights of IPs not only in terms of land ownership but also their role in the
management of lands where their ancestral domains are located. One of these is
DAO 25-92 or the Implementing Rules and Regulations of the National Integrated
Protected Areas System (NIPAS) Act of 1992 which gives IPs settling within
protected areas representation in the Protected Area Management Board (PAMB) of
the respective proclaimed protected area. This provision of the NIPAS gives IPs
the right to participate in the decision-making and policy formulation
processes involving these protected areas.
This research
investigated how the Dumagats, the tenured migrants* of the Pamitinan Protected
Landscape (PPL) and those residing in the mountains of the Municipality of
Rodriguez, Rizal, can be effective partners in the management of the
municipality.
The quest for land
ownership in Barangay Santolan, Pasig: a case study on formal and informal land
acquisition processes
This research
investigated the processes utilized by different individuals or groups, both
private and public, including informal settlers, to occupy and/or use land.
Actual land procurement and/or utilization practices were then compared against
those used by government and private land agencies to determine which processes
adopted by each group follow the formal procedure specified in the law.
Research data were gathered through interviews of families residing in the
disputed property, the claimants, the officials handling land acquisition
procedures at the assessor's office and the officials of government agencies,
and the examination of land titles, tax declarations, survey maps, and similar
documents. Two major conclusions were made in this study: (1) that the legal
system regarding land ownership allowed several persons, groups or corporate
entities to make simultaneous claims on the same property by virtue of formal
application through legal land acquisition processes or by "mere
occupation" of a piece of land; and (2) that the confusion about multiple
claimants and overlapping titles may be traced to the existence of several
modes of land acquisition and the presence of many government agencies that
handle similar applications for land acquisitions and titling. Furthermore, it
was found that the problem is compounded by the fact that applications made
through one office are neither communicated to nor coordinated with the other
offices.
To address the
perennial flood problem plaguing low-lying areas in Metro Manila, the
Department of Public Works and Highways (DPWH) launched the Pasig-Marikina
River Channel Improvement Project (PMRClP), a flood control project which
provided the building of a flood control structure along the 27-km stretch of
the Pasig River from the mouth at Manila Bay to Barangay Sto. Nino in Marikina
City. A component of PMRClP was the proposal to acquire an 80-m parcel of land
as right-of-way in Barangay Santolan. The proposal was expected to displace
many informal settlers in the area.
Barangay Santolan is
one of 30 barangays in Pasig City situated along the banks of the Marikina
River upstream of the Mangahan Floodway. It has an aggregate area of 3,100 ha
and occupies 5.5% of the city area. Of the 471,075 population of the city, it
houses 30,881 representing 6.6% and a total of 7,671 households or a population
density of 182 per hectare. A 'near-site' resettlement option was explored to
minimize negative socio-economic impact of the project. Vacant lanes for
resettlement within the Barangay Santo Ian were identified as potential
relocation sites.
In the course of
identifying the owners of the vacant lands, the DPWH discovered that very few
claimants of the properties had complete documents of ownership (i.e., land
titles, Transfer Certificate of Titles, and tax declarations). Most claimants
could only produce tax declarations or survey maps, while others forwarded only
verbal claims that they had paid for the 'rights' to occupy the land based on
the following: that they were able to acquire plots from people who used to
farm the land; that they bought the land from its previous occupants or that the
barangay gave them permission to live there.
Despite recognizing
the need for legal ownership and efforts to secure such, members of the
Santolan Neighbourhood Federation (SNFI), through their spokesperson,
articulated their desperation citing that even after four terms of presidency
since Aquino, they still do not own the lands where their homes are rooted.
The impacts of
squatter resettlement on land value and residential real estate development:
the case of the Sapang Palay resettlement project in San Jose Del Monte,
Bulacan
The study investigated
the impacts of the Sapang Palay Resettlement Project (SPRP) on land value and
residential real estate development in San Jose del Monte, Bulacan using key
informant interviews and document analysis. Results show that a negative social
perception on San Juan del Monte as the 'home for squatters' and site of
various social problems existed in the 70s. This negative appraisal weakened
from the early 1980s to 2000 as reflected by improved locational preferences
for socialized housing projects in the area. However, the felt tendency of real
estate firms to veer away from developments for mid to high-end markets
indicates persistent and continuing negative social perceptions which
ultimately affect economic prospects in the area.
Historians trace
Manila's tenancy problems or the emergence and growth of "squatters"
to the reconstruction efforts after the Second World War when waves of migrants
from provinces streamed into the metropolis. These migrants hardly had any
skill or education to assure jobs, sources of income and other means of
sustenance. Without such socio-economic means, they survived by living in
makeshift dwellings located along esteros, railroad tracks, parks, vacant
public and private lands. These migrants evolved into a loose social class
referred to as "squatters".
Squatting is a legal
problem involving unlawful use of land (Ordonez 1999). Since the 1950s, one of
government's solutions to the squatter problem affecting Manila and its nearby
towns was the twin approach of squatter clearance which involved the relocation
of these groups to the urban fringe and cities. The solution, relocation or
resettlement, was based on the assumption that the problem may be solved simply
by providing squatters space or shelter. However, lack of basic services and
employment opportunities forced relocated families to abandon the resettlement
sites and go back to squatting (Manahan 1992; Ordonez 1999; Racelis 2000;
Rebullida et al. 1999).
The Sapang Palay
Resettlement Project (SPRP) established in San Jose del Monte in the 1960s, was
the first among four relocation sites in the fringes of Metro Manila to be
developed. As such, it provides lessons for future resettlement projects. The
effects of SPRP on other land-counting issues affecting the larger territory,
particularly the host local government unit (LGU) need to be studied. The most
obvious and more measurable effect of the project is on land prices and the
corresponding type of development it attracted.
Brigham (1965)
identifies the determinants of land values to include accessibility, presence
of amenities, topography, present and future use, certain historical factors
and in addition (Chapin 1972), administrative policies. In San Jose del Monte
(SJDM), historical factors such as the stigma of being referred to as the 'home
of squatters' because of its proximity to a resettlement site may have exerted
permanent impact on amenity levels and land prices. This research investigated
the impacts of the SPRP on land value and residential real estate development
in SJDM.
Post-title ownership
and mortgage study: the case of LAMP pilot communities in Leyte
The study investigated
the post-titling impact on ownership, and mortgage and determined the nature of
changes in ownership, local land market activities and impact on tenant
involvement. Primary data were collected through structured questionnaires and
focused-group discussions (FGDs) in four LAMP pilot barangays in San Miguel,
Leyte. Descriptive statistics and qualitative analysis were used. Data showed
that respondents believed that a title facilitates land transactions since it
minimizes risks arising from ownership questions. A significant majority of
those surveyed believed that titling also affected land value and even doubled
a land's value while 50% of the respondents noted that there was no significant
change in the occurrence of property buying and selling after titling. There
were no subsequent purchases of lands or cases of foreclosure after the
implementation of land titling system in Leyte, hence, no significant change in
the profile and patterns of land ownership.
The Land
Administration Management Project (LAMP) is a government initiative which aims
to support an efficient land market system and alleviate the present low level
of confidence in the system of formal land registration. It seeks to contribute
to the elimination of poverty and provide security of tenure by providing
land-claimants with official land titles at government-subsidized rates.
In general, land
titling or the registration of lands is also believed to foster greater
security of tenure. With a formal land title, the land claimant's rights and
access to the land are protected and thus, they are enabled to make productive
use of the land and create further improvements. It likewise facilitates the
subsequent transfer of the land or of the right to use the land, which is
defined, protected and recognized by others. Land titling is also posited to
stimulate agricultural productivity and enhance the living conditions of land
claimants. The tenure security that land titling brings further generates
efficiency, input demand, and credit supply effects. The efficiency effect of
land tenure security captures market mechanisms that allocate land among
farmers with different management efficiencies. On the other hand, the input
demand effect reflects incentives to invest, especially in capital goods that
are attached to the land and the credit supply effect reflects credit
constraints that untitled farmers frequently face in formal credit markets
(World Bank 1996).
In the Philippines,
the systematic titling of LAMP was piloted in Leyte in 2001. However, issues
were raised against land titling activities in the country which are alleged to
produce contradictory results. The expected increase in the value of the asset
subsequent to titling coupled with an increased interest from both formal and
informal lenders to extend loans or credit with the title used as collateral
often results in greater opportunity for mortgage. However, the amount obtained
out of the mortgage is not usually directed into farm investments or
improvements but to service the immediate needs of the family thereby failing
to improve farm production and income.
The presence of a
title also facilitates both land transactions and increased opportunity and
incentives for lenders and thus makes foreclosure of mortgages easier. However,
with the eventual transfer of rights or change in ownership to the land,
tenancy status may likewise be affected. Hence, land titling may reduce tenure
security especially of indebted owners who default on their loans and of the
poor tenants whose terms and occupation largely depend on the landowners.
To verify these
contradictions, this study investigated post-titling condition of ownership and
mortgage in four pilot barangays in Leyte.
Determining community
perception and preference for land valuation using participatory rural
appraisal and focused group discussion
The study investigated
people's views on land valuation criteria in three villages in Borongan City,
Eastern Samar. Primary data was obtained using participatory rural appraisal
(PRA) tools and key-informant interviews with community members, government
officials with land valuation functions and staff of nongovernment
organizations (NGO). Results show that communities consider land area,
location, improvements, utilization, and financial access as important
valuation criteria. Most of the respondents were not aware of other land
criteria such as accessibility, right-of-way, topography and vicinity which are
used by some financial institutions. Respondents were also unaware of the
schedule of market values set by the local government and many have not
attended any public hearings on revision of values. Many residents likewise do
not declare their properties or comply with rental laws resulting in dismal tax
collection. Other problems affecting land value were lack of
government-sponsored housing, rising land prices driven by overseas employment,
adverse effects of climate change on land and farming, and increasing
rural-urban migration. Respondents expected local government to deliver social
services, set up community-based initiatives and support agricultural
activities in order to foster participation among community members in land
valuation systems and processes.
The province of
Eastern Samar spans 597 barangays distributed in 23 municipalities. To date,
there has not been any study conducted in the province pertaining to land
valuation and processes. The last cadastral survey conducted over 433,965 ha of
Eastern Samar was done in 1975. Even then, tax mapping was not conducted for
the municipality of Quinapondan while the entire town of Maslog remained
unclassified as timberlands.
Various developments
in recent years have affected land and its resource value. For instance,
Borongan, one of the principal towns in Eastern Samar was included as a
component city of the province in June 2007. Eco-tourism initiatives in the
town of Guiuan is also booming. Despite these developments, Eastern Samar
basically has an agrarian economy, deriving much of its income from revenues in
farming and fishing.
The study aimed to
determine the perceptions of local communities on land valuation criteria and
processes and identify indigenous land valuation processes that are easily
understandable and beneficial to residents of Eastern Samar.