• CHRYSEE G. SAMILLANO
Representatives of Sicogon Island farmers and fisherfolk federations in Carles, Iloilo Province, are asking the Department of Agrarian Reform (DAR) to cancel the conversion of agricultural land into commercial property, for failure of the developer to comply with its promises.
The petition was filed by the Federation of Sicogon Island Fisherfolk Association represented by Eugenio Alcala and Jan-Jan Bernal, and the Buaya Farmers and Fisherfolk Association represented by Jether Regodoz, before the DAR Central office against Sicogon Development Corporation (SIDECO) and Ayala Land, Inc. (ALI), Sicogon Island Tourism Estate Corporation (SITEC), on May 20.
The partial revocation sought by the petitioners covers Land Use Conversion Order No. CON-1602-063, and the subsequent order (DARCO Order No. LUCC-1019-0147), in so far as the residential, agricultural, relocation, and community-use areas committed to them under the compromise framework agreement (CFA) by the respondents.
The petitioners clarified that the petition does not seek the total revocation of the entire covered property comprising 334.6436-hectares in Barangays Alipata, Buaya, and San Fernando, Carles. But only the partial revocation of the conversion orders.
The areas subject of the petition consists of residential and agricultural allocations designated for members of FESIFFA, comprising about 30 hectares of residential relocation areas and 32 hectares of agricultural land allocations in Brgys. Alipata, San Fernando, and Buaya, as well as residential and agricultural allocations designated for members of BUFFA, comprising about 3 hectares of residential relocation areas and 7 hectares of agricultural relocation areas located in Brgy. Buaya.
The petitioners alleged that respondents failed to comply with its obligations under the 2014 compromise and framework agreement (CFA) and related agreements tied to the land conversion, citing that under the CFA, SIDECO and ALI committed to provide 30 hectares for residential allocation, 40 hectares for agricultural land distribution, P38 million for livelihood and training assistance, and P76 million for resettlement infrastructure and amenities.
The petition alleged that respondents have violated mandatory conditions under the 2016 conversion order. These breaches constitute clear violations of material conditions of the conversion orders insofar as the portions specifically allocated to petitioners are concerned, thereby warranting the partial revocation of the orders with respect to said areas and their reversion to CARP coverage.
The group also ordered the identification, segregation, and distribution of the foregoing areas to qualified agrarian reform beneficiaries.
The petition stated that the respondents failed to develop the full 30-hectare residential relocation site.
Condition No. 6 of the DAR conversion ordered “explicitly provides that failure to implement the development plan within the prescribed period will result in the automatic coverage of the property under the Comprehensive Agrarian Reform Program,” it said.
The petition said that in DARCO Order No. LUCC-1019-0147, the DAR Land Use Cases explicitly stated that “SIDECO and ALI Capital Corporation are sternly warned to comply fully with their undertaking as prescribed in their compromise framework agreement (CFA).”
The Order was premised on respondents’ representation of good faith compliance, which have proven to be illusory and unfulfilled, the petition said.
The respondents’ continued non-compliance demonstrates bad faith and justifies revocation, it said.
Meanwhile, residents of Brgy. Buaya said that they are not against development, but only want the developer to comply with its promises.
Juliet Bantillo said they want to be issued titles to their property so they will have security, as well as the future generations that will follow.*
