Batagueños Ask SC to
Reverse CA Decision on CARP Land
Hundreds
of farmers, residents and members of local government units (LGUs) in
Nasugbu, Batangas have trooped to the Supreme Court (SC) to petition for
the nullification of the Court of Appeals ruling granting the petition of
Roxas & Co., Inc., in exempting its entire 2,930-ha. property – situated
in Caylaway, Palico and Banilad villages – from coverage of the
Comprehensive Agrarian Reform Program (CARP). The SC is expected to decide
on the matter within the first semester of the year.
BY MARICRISTH MAGALING
Contributed to Bulatlat
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FOR SALE: Billboard
advertising agricultural land converted into a subdivision in Nasugbu,
Batangas
PHOTO BY
DABET CASTAÑEDA |
Hundreds of farmers,
residents and members of local government units (LGUs) in Nasugbu,
Batangas have trooped to the Supreme Court (SC) to petition for the
nullification of the Court of Appeals ruling granting the petition of
Roxas & Co., Inc., in exempting its entire 2,930-ha. property – situated
in Caylaway, Palico and Banilad villages – from coverage of the
Comprehensive Agrarian Reform Program (CARP). The SC is expected to decide
on the matter within the first semester of the year.
Clarito Caisip, chairperson
of the Alyansa 1520, an alliance of 23 organizations of Nasigbu residents
expressed fears that an SC affirmation of the decision could trigger
massive land grabbing and would affect not only the properties of Roxas &
Co., Inc., but the entire Nasugbu town. "Ibig sabihin nito, hindi lamang
kaming mga magsasaka ang apektado kundi ang lahat sa bayan ng Nasugbu"
(This means that we farmers are not the only ones to be affected but
everyone in Nasugbu), he said.
Alyansa 1520 further said
that the CA decision declaring automatic reclassification of the entire
Nasugbu town, penned by Justice Jose Sabio, Jr., grossly misapplied
Presidential Proclamation 1520 in the petition of Roxas for CARP
exemption. The said proclamation dated Nov. 28, 1975 by then President
Ferdinand Marcos has declared only "certain areas in the sector comprising
the municipalities of Maragondon and Ternate in Cavite Province and Nasugbu
in Batangas" as eco-tourism development areas.
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|
HARVEST TIME:
Farm workers (right photo) harvest sugarcane in a plantation, with an
irrigation
(left photo) – built by no less than the National Irrigation
Administration (NIA)
–
in Nasugbu, Batangas, which the
government claims is “non-agricultural” land
PHOTOS BY DABET CASTAÑEDA |
Following the CA application
of Presidential Proclamation 1520, the alliance feared that it will also
amount to massive landgrabbing on a nationwide scale, for other places
declared as tourist zones: Brgy. Patag in Silay City in Negros Occidental,
the municipalities of Laurel, Balete, Agoncillo, San Nicolas and Talisay,
and Limasawa Island in Southern Leyte, the municipalities of Boac,
Buenavista and Torrijos in Marinduque, municipality of Peñablanca, and the
provinces of Cagayan, Bataan, Ilocos Norte and others.
Memorandum Circular No. 07
of the Department of Agrarian Reform (DAR), provides guidelines on the
effect of declarations of general areas in the country as "tourist zones"
to the coverage of lands devoted to or suitable for agriculture within the
said areas under CARP. It recognizes that "proclamations declaring
general areas such as whole provinces, municipalities, barangays, islands
or peninsulas as tourist zones that merely recognize certain still
unidentified areas with potential tourism value and recognize the
potential value of identified spots located within the general area
declared as tourist zones could not be regarded as effecting an automatic
reclassification of the entirety of the land declared as tourist zones. "
The memorandum further said
it would be "unreasonable" to see these kinds of proclamation as a
reclassification for non-agricultural purposes of entire provinces,
municipalities, barangays, islands or peninsulas as it amounts to an
"automatic and sweeping exemption from CARP in the name of tourism
development.This would also undermine the land use reclassification powers
vested in local government units (LGUs) in conjunction with pertinent
agencies of government."
Caisip maintained that
the CA decision ignored the certifications issued by the Philippine
Tourism Authority (PTA) and the Mayor's Office that they have yet to
identify the specific geographical areas with tourism potential in Nasugbu.
It likewise ignored the Nasugbu Sangguniang Bayan (People’s Council)
Resolution attesting to the fact that no ordinance or comprehensive land
use plan has converted Roxas properties or portions thereof to
non-agricultural use.
What has deeply alarmed the
farmers and the LGU, Caisip said, is the fact that while the Supreme Court
Second Division has given due course to the petition of aggrieved farmers
in Nasugbu and ordered the consolidation of their petition with a
similar petition filed by the Department of Agrarian Reform pending
before the Supreme Court Third Division, the Supreme Court Third
Division ignored the order of consolidation and dismissed the petition in
a one-sentence paragraph Minute Resolution, for supposed failure to show
reversible error committed by the appellate court.
"Moreover, while the Supreme
Court has yet to determine with finality whether or not the entire
property of Roxas in Nasugbu is exempt from CARP coverage, several
petitions for cancellation of certificate for land ownership award (CLOAs)
have already been filed by Roxas involving various portions of their
property,” Caisip added. "In addition, several duplicitous petitions for
CARP Exemption have also been filed with the DAR involving various
portions of the Roxas property."
Alyansa 1520 also stated all
these petitions were granted by the DAR through “midnight” decisions
penned by former DAR Secretaries Hernani Braganza and Roberto Pagdanganan,
which are now the subject of various cases pending with the SC in
different Divisions, the Court of Appeals, the Provincial Adjudication
Board and the DAR Secretary's Office.
Alyansa 1520 is fully
supported by the local government unit (LGU), Sangguniang Bayan, Liga ng
mga Barangay Captains (village captains’ league), Liga ng mga Homeowners
Associations (league of homeowners associations), and Liga ng mga Barangay
Agrarian Reform Committees (league of village agrarian reform committees).
Bulatlat
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