ALPOG’S Scored Initial Victory

THE ALYANSA LABAN SA POLUSYON AT GUTOM (ALPOG) SCORED INITIAL VICTORY AGAINST ORDINANCE NO. 9607 “AN ORDINANE APPROVING THE SEGREGATION OF SOME LOTS FROM THE COVERAGE OF THE LAND REFORM PROGRAM BY THE LOCAL GOVERNMENT OF CAMALIG, ALBAY FOR INDUSTRIAL USE.

History of the Struggle

  • Hacienda Nuyda was offered for VOS (Voluntary Offer to Sell) by its owner in 1980. Four lots were subjected to the so called Certificate of Land Ownership Award (CLOA) and all these were excluded in the conversation and retention application.
  • In March 13, 1996, the Municipal Sangguniang Bayan of Camalig passed Resolution No. 04 s1996 reinforcing the authority of the honorable Florencio Muñoz to invite interested foreign investor to put up factories or industrial establishment in his municipality.
  • Feliza Nuyda, et al gave notice to the Department of Agrarian Reform withdrawing their VOS offer last April 30, 1996.
  • The petition for VOS withdrawal and retention of forty – five (45) hectares of the Nuyda heirs was granted by DAR in August 26, 1996.
  • In April 17, 1996, the Municipal Mayor of Camalig (Mayor Florencio Munoz) signed a Deed of Undertaking with Ibalong Resources and Development Corporation (IRDC), where the latter signed their commitment to invest 1.7B in Palanog thru establishing a Cement Plant.
  • The Area of conversion which is located in Brgy. Palanog, Camalig, Albay and with total area of 45.4862 hectares under TCT No. 10821, was already recommended for conversion by the Department of Agriculture, NIA, PCA, Bureau of Soil, Housing and Land use Regulatory Board.
  • Allegedly, a public hearing was done in May 22, 1996 in Palanog but the invitation distributed was for a General Assembly.
  • The Municipality of Camalig passed an Ordinance in September 13, 1996 approving the segregation of the Nuyda property from the coverage of the Land Reform Program for the purpose of using it as an industrial estate.
  • Vice Mayor John Villanueva, Jr. the presiding officer of the Sangguniang Bayan of Camalig, withdraw the supposed ordinance from the Sangguniang Panlalawigan of Albay last September 26, 1996.
  • Nine (9) tenants signed a waiver abandoning their rights over the land and they were compensated with a cash of P15, 000.00 each plus homelots.
  • The DENR conducted a public hearing in October 1996 but the supposed activity was reduced into a consultation by Atty. Nelson Honrado, the presiding officer from Environmental Impact Management Bureau (EIMB).
  • Palanog Farmers Consultation was conducted Feb. 6-7, 1997 and they created ALPOG (Alyansa Laban sa Polusyon at Gutom) as the official alliance against the said plant.
  • Despite the recommendation of the RCLUPPI technical working group t deny conversion, the Department of Agrarian Reform headed by Undersecretary Artemio Adasa reversed the recommendations and issued an Order for conversion of the Nuyda Estate from agricultural to industrial zone
  • May 20, 1997, Vice Mayor Villanueva, Jr. signed an affidavit stating the withdrawal of the supposed Municipal Ordinance reclassifying the Felisa Nuyda estate in Palanog.
  • In June 1997, the Alyansa Laban sa Polusyon asin Gutom (ALPOG) filed a case against Mayor Florencion Munoz at RTC Branch 8, Legazpi City for the Nullity of Camalig Municipal Ordinance.
  • ALPOG wrote an appeal to DAR, DENR, DA a Motion for Reconsideration and reversal of DAR Order of Land Conversion.
  • DENR conducted a “Walkthrough” in the affected area in September  1997 and a public hearing on Social Acceptability in November 27, 1997 with the stakeholders headed by Undersecretary La Vina.
  • ALPOG was consulted by Senator Orlando Mercado on the issue last September 1997.
  • KKK and ALPOG lobbied at DA, DAR and DENR for the issue, December 1997 and submitted pertinent documents.
  • DAR affirmed its Order of Land Conversion from Agricultural to industrial despite the evidences presented to its office last February 1998.
  • DENR issued an ECG for the Cement Factory last April 1998.
  • Barangay Quibongbongan and Mauraro were ruled out as quarry site for the Cement plant on April 1998.
  • Another consultation with the different farmer organization and parish priest was conducted in June 1998 as instructed by the Bishop.
  • The Franciscan submitted a position paper against the Cement Plant supported by signatures from all over the Philippines.
  • Military presence was observed in Palanog and installation of a detachment was planned. At least twelve (12) military personnel were sighted at the area while the proponents were doing some clearings in the said place. It was alleged to be requested by the proponents represented by Mayor Munoz, on the other hand, the residents dislike their presence.
  • In 2001, ALPOG lost the case in RTC but ALPOG subsequently elevated the case in Court of Appeal
  • Series of mediation attended between ALPOG and Mayor Baldo. Since there was no negotiation between two parties, the case was heard properly in Court of Appeal by Lawyers.
  • In September 30, 2010, the CA Judge favored ALPOG. Now, ALPOG is waiting for their right to appeal. If there will be no appeal at all from the respondent, the next step is the execution of the case.

Church Response

Universal Purpose of Earthly Goods and Private Property—God destined the earth and all it contains for all men and all peoples so that all created things would be shared fairly by all mankind under guidance tempered by charity.

Stewardship—all property has a “social mortgage”. People are to respect and share the resources of the earth, since we are all part of the community of creation. By our work, we are co-creators in the continuing development of the earth

The Notice of Judgment

On September 30, 2010 a decision was rendered by the Special Sixteenth Division of the Court of Appeals clearly declared, the ALPOG’s Complaint for Declaration of Nullity of Ordinance 9607, null and void.

-o0o-

 

 

mlo@mrc

2/2/2011                                 

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