Thursday, June 5, 2008 [ philstar.com ]
A group of real estate developers has asked a Quezon City court to stop the Department of Agrarian Reform (DAR) from implementing the ban on land conversion.
The court was also asked to declare as unconstitutional the DAR conversion rules and stop their implementation.
The Chamber of Real Estate and Builders Association (CREBA) urged the court to order the DAR to allow real estate developers, pending a decision on the case, to obtain land development permits, individual titles, and registration and license to sell from the Housing and Land Use Regulatory Board (HLURB) even without a conversion approval or certificate of CARP exemption.
In filing the case, Reghis M. Romero II, CREBA president, said the DAR’s authority is limited to lands that have been awarded and titled in the names of the beneficiaries of Republic Act 6657 or the Comprehensive Agrarian Reform Law.
“The implementation of all these land use laws is not entirely or solely lodged with the DAR, such as to give it jurisdiction over all other lands not covered by agrarian reform,” read the CREBA petition.
“So when DAR requires its prior approval in converting the use of practically any land, even outside of those covered by agrarian reform, it foists upon the nation the legal abomination of the executive encroaching on the legislative, in violation of the principle of separation of powers.”
Romero said Agrarian Reform Secretary Nasser Pangandaman and DAR have usurped the powers of Congress when they issued rules on conversion that cover “practically all lands, whether or not covered by agrarian reform.”
“Nonetheless, DAR has been generating huge revenues from applications for land conversions, the payment of which is computed per square meter,” read the petition.
“With such requirement covering virtually all lands, including those already reclassified for non-agricultural uses, DAR has effectively empowered itself to exercise control over the nation.”
Romero said no law provides that the DAR was created or authorized to promulgate or implement national land use policy.
“The national land use policy is governed by constitutional guarantees on equitable allocation of land resources for food, shelter, environment, and other basic needs,” read the petition.
“The promulgation of these rules is equivalent to legislating on the matter, a power which has not been and cannot be delegated to (Pangandaman)‚ an act that constitutes not only an excess of regulatory powers conferred upon the Secretary but also an exercise of a legislative power which he does not have.”
Romero said the DAR “virtually affirmed and confirmed” the extent of its powers on April 15, 2008 when it suspended the processing and approval of all land use conversion applications.
“It was this moratorium that eventually compelled CREBA to rise up publicly against DAR for its oppressive and questionable practices,” read the petition.
CREBA sourgraping – DAR
Secretary Pangandaman dismissed yesterday as mere “sourgraping” CREBA’s pronouncements that suspension of land conversion was “unconstitutional.”
Speaking at the sidelines of the 7th Agraryo Trade Fair at the SM Megatrade Hall in Mandaluyong, Pangandaman said the ban was put in place to enable a review of existing guidelines on land conversion because of many complaints.
Last April 15, Pangandaman suspended the processing and approval of land use conversion applications in view of a presidential instruction for the review of its guidelines.
Stop converting agriculture lands to tourism and mining areas – NGO
A non-government organization called on the DAR and the Department of Environment and Natural Resources yesterday to stop converting agricultural lands and fisheries areas to tourism and mining areas.
In a statement, the Center for Environmental Concerns Philippines (CEC-Phils) said the two agencies must act on the calls of regional farmers’ organizations holding camp-outs in front of their offices.
Frances Quimpo, CEC-Phils. executive director, said alleged rising incidents of land conversion have resulted in less lands devoted to agriculture, fisheries, and local food production.
“We challenge the DENR and DAR secretaries to come face-to-face with these farmers’ groups and act upon their just demands,” she said.
“Agriculture provides a crucial life support system for the population. Being mainly agricultural, the country’s wise use of our agricultural lands amounting to 10.2 million hectares can spell the difference between hunger and prosperity for the Filipino people.
“However, precious agricultural lands are vanishing due to the conversion to residential, industrial and commercial purposes. Instead of being channeled to local food production, these lands are being used to house resorts, mines, special economic zones, and other development projects which are primarily intended to enrich foreign investors and elite owners.”
Quimpo said nearly three million hectares of fertile lands suitable for agriculture have been lost to land conversion nationwide during the 1990s.
“The Philippine government should pass a genuine agrarian reform bill that will effectively put a cap on such wanton and indiscriminate land conversion projects,” she said.
“We need agrarian legislation that will securely give land to the tillers and will ensure that agriculture goes the way of meeting the people’s needs for sustenance foremost.
“Our farmers are environmentalists because they are aware that our natural resources should be used wisely if we are to benefit from it.” – Perseus Echeminada, Katherine Adraneda
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