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Friday, April 26, 2024

Supreme Court rules in favor of Lipa farmers

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The Supreme Court ruled that the Comprehensive Agrarian Reform Program covers all lands that are suitable for agricultural activities and only those which are reclassified as commercial, residential or industrial by the local government as approved by the Housing and Land Use Regulatory Board before June 15, 1988 are excluded from the program.

The ruling provides that farm lot is not among the exemptions as the high court cited Rule V Section 18 (d) of the HLURB regulations defining farm lot subdivisions as “planned community primarily for intensive agricultural activities and secondary for housing.”

The Supreme Court, in effect, permanently lifted the temporary restraining order it previously issued in 2010 and upheld the rights of farm beneficiaries over more than 70 hectares of property located in Lipa City, Batangas originally owned by Augusto Salas Jr. The decision was promulgated on March 29, 2017.

In its 30-page decision in the case entitled “Heirs of Augusto Salas Jr. represented by Teresita Salas vs. Marciano Cabungcal, et. al. G.R. No. 191545,” the Supreme Court through Justice Marvic Leonen ruled that “the general policy of Republic Act 6657 is to cover as many lands suitable for agricultural activities as may be allowed. Where there is doubt as to the intention of the local government in the area where the property is located, the interpretation should be towards the declared intention of the law.”

Concurring in the decision were Senior Associate Justice Antonio Carpio, chairperson of the Second Division, and Associate Justices Francis Jardeleza, Jose Mendoza and Samuel Martires.

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Marciano Cabungcal, one of the beneficiaries of the agrarian reform program and leader of the farm group, shared that the decision of the Supreme Court was a clear manifestation that justice still prevails.  “We thank the justices and the president for their wisdom and compassion. How can Salas take away our land after we have tilled it for generations, and CLOA titles had been given to us more than 15 years ago,” Cabungcal said.

Farmer leader Dominador Castillo said all the farmers and their families were very thankful to the Duterte Administration which promised to distribute farm lots to the farmers. “Many of the beneficiaries have died from age and illness already. At least our children can study and have something of their own to start with,” Castillo said.

The Supreme Court’s second division, in deciding the case, answered the ultimate issue of whether lot reclassified as far, exempts the property from the agrarian reform program.

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