The Market Monitor Minding the Nation's Business
Agrarian Reform Secretary Rafael Mariano ordered the filing of criminal charges against the officials of the Aurora Pacific Economic Zones (Apeco) for the illegal conversion of some 2.5 hectares of agricultural land in Sitio Landing, Bgy. Esteves, Casiguran, Aurora.
Mariano, in a resolution dated July 27, 2016, ordered the Department of Agrarian Reform (DAR) Region 3, the Provincial Agrarian Reform Office, and the Task Force on Illegal Conversion to “immediately identify the entities or individuals who may be held criminally liable on the commission of the unlawful land use conversion and to cause for the criminal prosecution of the individuals identified.”
Mariano effectively denied Apeco’s appeal, filed last December 14, and maintained the validity of the DAR Regional Office (Darro) Orders dated September 15 and November 23, 2015 to issue “a CDO and enjoining Apeco and all persons acting under its command in performing acts that would alter or change the use of the property without DAR conversion clearance.”
The case stemmed the complaints filed before the Darro by Casiguran parish priest Fr. Jose Francisco Talaban and Vicente Convicto on March 9, 2013. The complainants alleged that Apeco committed illegal conversion involving the physical alteration of the use of agricultural lands for the housing project and relocation program.
The complainants claimed that the property is irrigated, considered a prime agricultural land in the locality, and is part of an existing agrarian reform community (ARC) in the area. Talaban said that, with many residents relying on farming and fishing, Apeco is also a threat to the province’s food security.
Acting on the complaints, a joint validation inspection conducted showed that there is a massive land use conversion activities in the National Housing Authority (NHA)-Apeco Nayon Kalikasan Housing project without a conversion clearance from the DAR.
Further, the Darro received a report from the DAR provincial office showing the presence of large quantities of screened sand and bunkhouse in the area, including heavy equipment such as a bulldozer and double cab truck, and ongoing earth movement.
In a letter dated March 29, 2016, Dizon ordered Apeco President Malcolm Sarmiento and NHA General Manager Chito Cruz to explain “why no appropriate legal action be filed against you and other persons acting under your command in addition to the of illegal conversion by the task force before a competent court.”
NHA and Apeco, however, argued that the said property does not require conversion clearance, as it is exempted the from the coverage of agrarian reform program by virtue of Presidential Decree 1472.