ARBs seek CA help to stop eviction in Nasugbu haciendas
NASUGBU agrarian reform beneficiaries lawyer, Irvyn Longno (leftmost), shows the copy of the Urgent Petition for Certiorari and with Prayer for Injunction/TRO when they thronged the Court of Appeals in Manila on Friday, seeking the appellate court to nullify and void the Consolidated Order released by DAR Sec. Conrado Estrella last 2024, an issued order that will evict thousands of residents in three barangays of Nasugbu, Batangas. The said land was repossessed by the publicly-listed firm, Roxas and Company, Inc.
Photo courtesy of Atty. Irvyn Longno
Several agrarian reform beneficiaries (ARBs) have sought the help of the Court of Appeals (CA) to stop the implementation of a Department of Agrarian Reform (DAR) order that could lead to the eviction of thousands of residents from over 1,300 hectares of land in three haciendas in Nasugbu, Batangas.
Last week, the ARBs — Maria Gomez, Valerio Costelo, Felicisimo Buenviaje, Antonio Delos Angeles, Gabriel Penano, Julian Esguerra, Gregorio Caisip, Benigno Garcia, Felisa Avinante, Romana Dela Cuesta, Kristine Jessa Mercado, and Kristine Juvy Mercado—filed an Urgent Petition for Certiorari with Prayer for Injunction/Temporary Restraining Order against DAR Secretary Conrado Estrella, Undersecretary Napoleon Galit, Abdullah Linog, and Roxas and Company, Inc., among others.
“The ARBs are clamoring for the CA to declare the Consolidated Order for ADM Case No. A-999-04-MS-0556-2023 NULL and VOID; Annulling and setting aside the Certificate of Finality of Order signed on 30 January 2024 by public respondent Atty. Napoleon U. Galit, in his capacity as the Undersecretary for Legal Affairs Office; Annulling and setting aside the Order of Execution signed on 19 February 2024 by public respondent Abdullah M. Linog, in his capacity as the Director Ill of Bureau of Land Acquisition and Distribution (BLAD) and Concurrent PARPO II of DAR Provincial Office of Batangas,” the petition said.
They are also asking the CA to issue a writ of preliminary injunction or TRO to prevent DAR, the Bureau of Agrarian Legal Assistance (BALA), the Bureau of Land Acquisition and Distribution (BLAD), and other government personnel from enforcing the order until the petition is resolved on its merits.
Atty. Longno argued that the 1,322 hectares of land awarded under the DAR's parcelization program are “unfair” and would cause irreversible harm to communities currently living within the haciendas of Palico, Banilad, and Caylaway.
Worst, he said the residents presently living in the said haciendas will be demolished and sent to a relocation site situated in the mountains, scarce of livelihood, water, and electricity.
“Only 1,200 farmers will be given parcels of land, while the other residents are now on the brink of eviction. Thousands of families are at risk here. The former lawyer of these ARBs agreed with Roxas and Company, Inc. without the permission of the ARBs. This Consolidated Order should be stopped by the CA,” Longno said.
“President Marcos Jr., through Sec. Estrella has been distributing lands to ARBs throughout the country. Then why are they now evicting people who are peacefully living in the said haciendas?” the aggrieved ARBs said.
In a prior interview, Usec. Galit said the ARBs are constitutionally entitled to seek legal remedies, including a TRO. He noted that DAR has ordered a status quo on eviction and demolition pending a possible settlement between the ARBs and Roxas and Company.
Secretary Estrella earlier stated that the Consolidated Order became final and executory on 30 January 2024 after no appeal or motion for reconsideration was filed within the 15-day period.
He also cited a 17 December 1999 Supreme Court ruling that declared the DAR's Notice of Coverage illegal and, consequently, invalidated the Certificate of Land Ownership Awards (CLOAs) issued to the ARBs.