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POSSIBLE HUMAN RIGHTS VIOLATIONS RELATED ON LAND RIGHTS

Issues/Incidents/Concerns Recommended Actions Concerned Agencies


(Possible scenarios or incidents in Agrarian (Important things to do when you are in this (List of Agencies responsible to render assistance of the
Communities or involving Agrarian Reform situation) case or in the situation)
Beneficiaries violating their land rights)
1. Demolition of properties of Agrarian Reform With Court Order With Court Order
Beneficiaries (ARBs) or Potential ARBs with 1. Avoid violent actions  Barangay LGU to secure Blotter Reports (R.A.
Court Order i.e., Writ of Execution for 2. Ensure your own safety, your family 7160, section 384)
Demolition and property while doing the  Philippines National Police (PNP) to secure
following: Blotter Reports (Rule no. 1, PNP Manual)
Demolition- Refers to the dismantling by the 3. Secure copy of pertinent documents  City/ Municipal LGUs to provide support to the
Local Government unit (LGU), any legally especially Court Order and verify victims especially onsite relocation.
authorized agency or personnel of the authenticity and content of the order  Department of Interior and Local Government
government of all structures within the premises (Names, Address, Date of Effectivity when the LGUs neglected your concerns.
subject for clearing. and Validity)
4. Document the incidents e.g. Take
Court Order- refers to a writ of eviction and/or picture and videos, secure witnesses
demolition issued by a court of competent and names and composition of the
jurisdiction. demolition team
5. Secure Blotter Reports of the incidents
from Barangay and Police
6. If there’s possible violations during the
demolition process you may seek
appropriate legal actions from
concerned agencies

2. Demolition of properties of Agrarian Reform 1. Avoid violent actions  Department of Agrarian Reform (DAR) for Legal
(ARBs) Beneficiaries or Potential ARBs 2. Ensure your own safety, your family Assistance and when the structure is in CARP
Without Court Order i.e., privately initiated and property while doing the covered area.
using hired goons or blue guards following:  Barangay LGU to secure Blotter Reports
3. In the absence of the court order or  Philippines National Police (PNP) to secure
any pertinent supporting the Blotter Reports
demolition process the community/  City/ Municipal LGUs to avail support
victim must demand for a court order.  Department of Interior and Local Government
4. In the absence of the court order or when the LGUs neglected your concerns
any pertinent documents supporting
the demolition process the community
or victim may explore possible Meta
legal tactics without compromising the
safety of the community.
Example:
Barricade the Area
Human Chain
Noise Barrage
5. Seek media Attention
6. Document the incidents e.g. Take
picture and videos, secure witnesses
and names and composition of the
demolition team
7. Make sure to blotter incidents from
Barangay and Police
8. If there’s possible violations during the
demolition process you may seek
appropriate legal actions from
concerned agencies
3. Demolition happened in the absence of the 1. Avoid violent actions  Department of Agrarian Reform (DAR) for Legal
aggrieved party/Farmers/ARBs 2. Document the incidents e.g. Take Assistance
picture and videos, secure witnesses  Barangay LGU to secure Blotter Reports
and names and composition of the  Philippines National Police (PNP) to secure
demolition team Blotter Reports
3. Secure copy of pertinent documents  Department of Interior and Local Government
especially Court Order and verify when the LGUs neglected your concerns
authenticity and content of the order  City/ Municipal LGUs to avail support
(Names, Address, Date of Effectivity
and Validity)
4. Secure Blotter Reports of the incidents
from Barangay and Police
5. Ensure your own safety, your family
and property
6. If there’s possible violations during the
demolition process you may seek
appropriate legal actions from
concerned agencies
4. ARB to ARB Opposing claims 1. With Court Order follow similar steps  Department of Agrarian Reform (DAR) for Legal
above Assistance
2. Without Court Order follow similar  Barangay LGU to secure Blotter Reports
steps above  Philippines National Police (PNP) to secure
Blotter Reports
 Department of Interior and Local Government
when the LGUs neglected your concerns
 City/ Municipal LGUs to avail support
5. Encroachment/Pagpanglaksam Encroachment in CARP awarded land Encroachment in CARP awarded land
1. File complaint at Barangay Agrarian  Barangay LGU to secure Blotter Reports on
Reform Council (BARC) for mediation encroachment activity
and prepare EP/CLOA and Approved  Barangay Agrarian Reform Council (BARC) to
Survey Plan to support your claim. conduct primary investigation
2. If not settled in BARC level, BARC  Department of Agrarian Reform Municipal Office
Chairperson will endorse the case to (DARMO) to conduct investigation and
Department of Agrarian Reform recommend appropriate actions
Municipal Office  PNP to assist concerned agencies to conduct
3. The Municipal Agrarian Reform Relocation Survey when needed
Program Officer (MARPO) will conduct Encroachment in DENR Awarded land
investigation and mediation  Barangay LGU to secure Blotter Reports on
4. If not settled in mediation, MARPO to encroachment activity
request Relocation Survey with the  Community Environment and Natural Resources
assistance of concerned agencies in Office (CENRO) to conduct investigation and
awarded area. recommend appropriate actions
Encroachment in DENR Awarded land  PNP to assist concerned agencies to conduct
1. Secure Blotter Reports of the incidents Relocation Survey when needed
from Barangay and Police
2. File a complaint at Community
Environment and Natural Resources
Office (CENRO) and make sure that it
is supported with Tenurial Instrument
and other pertinent documents.
3. Make sure that CENRO will conduct
investigation about your concern.
6. Boundary Dispute Boundary Dispute in CARP Awarded  Barangay Agrarian Reform Council (BARC)
Land headed by BARC Chairperson will conduct
1. File complaint at Barangay Agrarian preliminary investigation and mediation activities
Reform Council (BARC) for mediation  Barangay LGU
and prepare EP/CLOA and Approved
Survey Plan to support your claim or
complaint.
2. If not settled in BARC level, BARC
Chairperson will endorse the case to
Department of Agrarian Reform
Municipal Office
3. The Municipal Agrarian Reform
Program Officer (MARPO) will conduct
investigation and mediation
4. If not settled in mediation, MARPO to
request Relocation Survey with the
assistance of concerned agencies in
awarded area.
Boundary dispute in DENR Awarded
Land
1. File complaint at Barangay Agrarian
Reform Council (BARC) for mediation
and prepare Homestead patent and
Approved Survey Plan to support your
claim or complaint.
2. If not settled in BARC level, BARC
Chairperson will endorse the case to
Department of Agrarian Reform
Municipal Office
3. The Municipal Agrarian Reform
Program Officer (MARPO) will conduct
investigation and mediation
4. If not settled in mediation, MARPO to
request Relocation Survey with the
assistance of concerned agencies in
awarded area.

1. Avoid violent actions  Barangay LGU to secure Blotter Reports of the


7. Force eviction (the permanent or temporary 2. Ensure your safety incidents
removal against their will of individuals, 3. Document the incidents e.g. Take  City LGU
families and/or communities from the picture and videos, secure witnesses  PNP to secure Blotter Reports of the incidents
homes and/or land which they occupy, and names and composition of the  DILG
without the provision of, and access to, group of person s involved  DAR
appropriate forms of legal or other 4. Secure Blotter Reports of the incidents  DENR
protection”) from Barangay and Police  CHR if state sponsored or related perpetrated
5. Request help from the government to
take appropriate steps to guarantee
immediate investigation and identify
those responsible
6. Seek assurance in written form from
concerned agencies to take necessary
response and ensure proper
consultation with the affected
communities.
8. Ejectment Case filed against 1. Secure copy of the ejectment  Barangay LGU to check notices
ARBs/EP/CLOA/Patent Holders (Ejectment is complaint and notices  City LGU for onsite relocation
a common law term for civil action to 2. Seek legal counsel at DAR if you are a  Provincial Agrarian Reform Adjudicator (PARAD)
recover the possession of or title to land. It CLOA Holder of CARP Beneficiaries  DAR to request certification and other pertinent
replaced the old real actions and the various and Potential Farmer Beneficiaries documents that will support you as ARBs or
possessory assizes (denoting county-based included in Preliminary List or Master Potential ARBs. You may ask also for Legal
pleas to local sittings of the courts) where List or Amended Masterlist Assistance to represent your case in PARAD.
boundary disputes often featured. Though 3. Seek Legal counsel at DENR if you are
still used in some places, the term is now rights holder
obsolete in many common law jurisdictions, 4. In the absence of any tenurial
in which possession and title are sued by instrument to support your occupation
the actions of eviction (also called you may Seek legal counsel at Public
possession proceedings) and quiet title (or Attorney’s Office
injunctive and/or declaratory relief), 5. Seek assurance in written form from
respectively. concerned agencies to take necessary
response and ensure proper
consultation with the affected
communities.
6. Unpeaceful/Unsuccessful 1. Secure copies of pertinent documents  DAR to process Writ of Installation and
Installation/Displayed CLOA Holders/ such as EP/CLOA Preparation Activities
ARBs denied access to awarded land 2. Submit request letter for Installation  PNP to assist during Installation Activities
at DAR Provincial Office
3. Seek assurance in written form from
concerned agencies to take necessary
response
4. Ensure Pre-installation planning will be
conducted together with DAR and
Security Sector
7. ARBs/Farmer Beneficiaries denied 1. Avoid violent actions  Barangay LGU for Blotter report
access to right of way 2. Ensure your own safety and your  PNP for Blotter report
family  Barangay LGU to secure Blotter Reports on the
3. Secure Blotter Reports of the incidents incidents
from Barangay and Police  City LGU
4. Seek legal counsel at DAR if you are a  PNP
CLOA Holder/ CARP Beneficiaries  DILG
5. Seek Legal counsel at DENR if you are  DAR for ARBs or Potential ARBs and CARP
rights holder Covered Areas
6. In the absence of any tenurial  DENR for Rights Holder or any Beneficiaries
instrument you may Seek legal under DENR
counsel at Public Attorney’s Office  CHR if state sponsored or related perpetrated
7. Seek assurance in written form from
concerned agencies to take necessary
response and ensure proper
consultation with the affected
communities.
8. Extra judicial killings of Human Rights 1. Ensure your own safety and privacy  LGU Barangay for Blotter report
Advocates and Community/Farmer 2. Secure Blotter and Autopsy reports  Philippines National Police (PNP) for Blotter and
Leaders 3. Secure Affidavits from the aggrieved party Investigation
and witnesses’ accounts  Commission on Human Rights (CHR)
4. Seek assurance in written form from  National Bureau of Investigations (NBI)
concerned agencies to take necessary  Public Attorney Office (PAO)/Prosecutor Office
response
9. Employment termination of Farmworkers 1. Ensure your own safety and your  National Labor Relation Commission to
and Potential ARBs by landowners family adjudicate labor cases
2. Secure copy of pertinent documents
such as Payroll, pay slip etc. to
support your employment
3. Seek assistance from National Labor
Relation Commissions (NLRC) to file
complaint for illegal
termination/dismissal and other
appropriate actions
4.
10. Petition for Disqualification against 1. Secure your safety and your family  Barangay LGU particularly BARC for assistance
ARBs/FBs 2. Secure copy of notices and complaints  DAR for assistance and certification
3. Secure pertinent documents and  Public Attorney’s Office for Legal Assistance
necessary evidences
4. Secure affidavits and accounts of
witnesses supporting your claims
5. Ensure prompt response to notices
including submission of counter affidavits
6. Seek legal counsel from appropriate
agencies
11. Petition for Inclusion 1. Secure BARC certification as Actual  Barangay Agrarian Reform Council (BARC)
Occupants/Tiller, Regular/Seasonal Farm  Department of Agrarian Reform (DAR)
Worker etc.  Public Attorney Office (PAO)/Lawyer to provide
2. Secure certification from Municipal legal assistance particularly drafting of counter
Agrarian Reform Program Officer (MARPO) affidavits and petitions.
3. MARO investigation report  DARAB/PARAD/RARAD
4. Ask Assistance to have written Affidavit  DAR SECRETARY
5. Secure other proof of evidences to
support your claims.
12. Petition for Exclusion against ARBs or 1. Ensure prompt response to notices  Department of Agrarian Reform (DAR)
Potential ARBs including submission of counter affidavits  Public Attorney Office (PAO)/Lawyer to provide
2. MARO investigation report legal assistance particularly drafting of counter
3. Other proof of evidences affidavits and petitions.
 DARAB/PARAD/RARAD
 DAR SECRETARY
13. Petition for Cancellation of CLOAs to 1. Ensure prompt response to notices  Barangay Agrarian Reform Council (BARC)
Legitimate ARBs (Include Definition) including submission of counter affidavits  Department of Agrarian Reform (DAR)
2. BARC certification  Public Attorney Office (PAO)/Lawyer
3. MARO certification  DARAB/PARAD/RARAD
4. MARO investigation report  DAR SECRETARY
5. Other proof of evidences
14. Threats to Community Leaders/Farmer 1. Secure Blotter Reports of the incidents  Barangay LGU
Leaders in preventing pursuing land from Barangay and Police  Philippines National Police (PNP)
rights 2. Avail Barangay protection program to  Armed Forces of the Philippines (AFP)
ensure your safety  Commission on Human Rights (CHR)
3. Document the incidents e.g. Take  Public Attorney Office (POA) /Lawyer
picture and videos, secure witnesses
and names and composition of the
group of persons involved
4. Request help from the government to
take appropriate steps to guarantee
immediate investigation and identify
those responsible
5. Ensure proper consultation with the
affected communities.

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