[ Manila Bulletin Online ] August 1, 2008
Secretary Jose Atienza Jr. of the Department of Environment and Natural Resources (DENR) yesterday assured maximum benefits for farmers "resisting" the establishment of a cement company on a disputed land in Calatagan, Batangas.
The DENR chief made the assurance in an effort to settle the long-standing land row involving Asturias Chemical Industries, Inc., and 98 farmers who want to continue tilling a 507-hectare land awarded to them through the land reform program in Barangays Baha and Talibayog in Calatagan town.
He said 98 out of 352 farmers still refuse to sell their emancipation patents (EPs) and accept the offer of Asturias for relocation to a 100-hectare land within the company’s 2,336-hectare concession area.
Asturias was granted its Mineral Production Sharing Agreement (MPSA) for the mineral exploration activities of the company in its contract area of 2,336 hectares. The contract area includes the disputed 507 hectares in barangays Baha and Talibayog, which was distributed to 318 Calatagan farmers under the Comprehensive Agrarian Reform Program (CARP) in 1989 and 1990.
In 1994, heirs of former landowner Ceferino Ascue used the original certificate of title and sold the whole 800 hectares property, including the 507 hectares that were already awarded to the farmers, to Asturias Chemical Industries. The company planned to construct a cement factory in the area because the hills in the barangays Baha and Talibayog are rich in limestone deposits.
In September, 1998, the Provincial Agrarian Reform Adjudication Board (PARAD) headed by Barbara Tan declared the sale between Asturias Industries and the Ascues void and ordered the cancellation of the Asturias titles.
However, in June 2005, Lilia dela Rea of the PARAD "ruled in favor of Asturias" and reversed the decision of the PARAD under Tan and "declared the sale valid."
In 2005, the Supreme Court (SC) issued a favorable decision to Asturias. It declared the subject landholdings as "mineralized" and Asturias jad a Mineral Production Sharing Agreement (MPSA) issued by the DENR’s Mines and Geosciences Bureau.
"I can imagine that the economy will be boosted tremendously. There will be better education and better health services for the affected families. The narrow, winding dirt road will also be improved," Atienza said. Reports indicate that development plans of Asturias include the setting up of a resort, health and recreation centers, and a school.
"We must welcome development but, in doing so, protection of the environment must be primordial," Atienza said.
