SC upholds conversion Benjamin B. Pulta 07/05/2010

SC upholds conversion

Benjamin B. Pulta 07/05/2010 In a classic case of former President Arroyo being hoisted with her own petard, the Supreme Court (SC) has upheld a ban Arroyo imposed on the conversion of agricultural lands into commercial use which directly affected the application for conversion of 157-hectare Hacienda Bacan in Isabela, Negros Occidental owned by the family of her husband Jose Miguel “Mike” Arroyo. The application to exempt Hacienda Bacan from coverage of the comprehensive agrarian reform program (CARP) was filed at the Department of Agrarian Reform last June 15, but DAR officials did not act on it. In its decision citing the “exclusive authority” of the Department of Agrarian Reform (DAR) to approve or disapprove conversion of agricultural lands to non-agricultural uses the SC’s First Division dismissed a petition questioning the legality of the memorandum issued by former Agrarian Reform Secretary Nasser Pangandaman that temporarily suspended the processing and approval of all land use conversion applications nationwide. Pangandaman’s move was brought about by the rice supply crisis at the time. Pangandaman issued Memorandum No. 88 on April 15, 2008 amid concerns that the worsening rice shortage at that time was an offshoot of the unabated conversion of prime agricultural lands for real estate development. The Chamber of Real Estate and Builders Associations (CREBA) questioned the move claiming it was unconstitutional because it suspended the land use conversion without any basis. Ruling against the builders the SC, however, said CREBA’s arguments “stand on hollow ground.” “It bears emphasis that said Memorandum No. 88 was issued upon the instruction of the President in order to address the unabated conversion of prime agricultural lands for real estate development because of the worsening rice shortage in the country at that time,” the court said in a decision penned by Associate Justice Jose P. Perez. “Such measure was made in order to ensure that there are enough agricultural lands in which rice cultivation and production may be carried into. The issuance of said Memorandum No. 88 was made pursuant to the general welfare of the public, thus, it cannot be argued that it was made without any basis,” the court added.... MORE Source:  The Daily Tribune URL: http://www.tribuneonline.org/headlines/20100705hed5.html

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