DAR: Proposed Hinobaan industrial zone covered by Carp

AN OFFICIAL of the Department of Agrarian Reform (DAR) in Negros Occidental said the property acquired by the Provincial Government in Hinobaan town for the proposed industrial zone was covered by the Comprehensive Agrarian Reform Program (Carp).

“We stand on the presumption of regularity, meaning the certificates of land ownership award (CLOAs) remain valid and effective unless annulled,” Provincial Agrarian Reform Program Officer II Lucrecia Taberna told the Provincial Board members during the committee on land use hearing Wednesday, September 6, at the Provincial Capitol in Bacolod City.

The Provincial Government had expropriated the property of the defunct Insular Lumber Company (Ilco) to make way for the construction of the Japanese shipbuilding facility.

However, Taberna said the tax declaration of the former landowner was for an agricultural land.

Taberna questioned which part of the property was declared industrial land before June 15, 1988.

“It remains agricultural land. There’s no reclassification that it is industrial,” she added.

Taberna said the Bureau of Internal Revenue (BIR) was declared as the assignee, or owner of the property, after it was voluntarily offered to sell by Ilco in 1989.

The Capitol filed an expropriation case then the local court issued writ of possession.

“But in terms of coverage, it is very specific in Section 42 of DAR Administrative Order 7,” which stated that in cases where the land sought to be acquired was issued with a Notice of Coverage or is already subject to voluntary to sell (with a letter-offer submitted to DAR), the concerned local government unit (LGU) shall suspend the exercise of its power of eminent domain until after the land acquisition and distribution process has been completed and the title to the property has been transferred to the agrarian reform beneficiaries,” Taberna explained.

She added: “In terms of expropriation by the LGU, it must be suspended until the completion of land acquisition and distribution of those landholdings with notice of coverage and voluntary offer to sell.”

Taberna said the 122-hectare property covers 135 beneficiaries, some of them already have notices of coverage.

Prior to the acquisition, there’s already coverage, Taberna she said, adding that the basis for coverage is the land title, tax declaration, sketch plan, and voluntary offer to sell.

She said that the Carp coverage on the property is “valid.”

Taberna presented documents to the Provincial Board to support her claim.

During the hearing, she also asked Hinobaan Mayor Ernesto Estrao to present the approved certification from the Housing and Land Use Regulatory Board (HLURB) showing that the land was industrialized.

Estrao, in a post-hearing interview, said the HLURB declared the property as industrial land.

The mayor said he believes that the task of DAR, local government unit, and the Provincial Government is to develop the locality.

He said those who will be affected will be compensated.

The Provincial Government had allocated P20 million for the residents of Hinobaan who will be affected by the proposed industrial zone.

Estrao said the 14-hectare relocation site was already purchased, with 200 square meters to be allocated per household.

Despite the resistance, the province was granted writ of possession on January 20, 2014, but the DAR distributed CLOAs to some of the residents recently, the mayor added.

He said that many opportunities will open if investors will come in after the Southern Negros Industrial Estate in Barangay Bacuyangan will be established.

Meanwhile, Vice Governor Eugenio Jose Lacson said he is hoping the issue in Murcia, where there is Carp coverage on the purchased lot of the provincial government, will not happen again.

Earlier, agrarian reform beneficiaries re-claimed a portion of the Capitol-owned Negros First Ranch at Hacienda Ilimnan in Barangay Sta. Rosa, Murcia.

They have set up camp outside the Provincial Government building for several months, until both parties reached an agreement.

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