Dagupan has option to choose area within 30 days
ONLY 5 HECTARES CAN BE RETAINED IN AWAI LAND
ONLY five hectares of the more than 29 hectare property located in Barangays Awai and Labney (Bolo), San Jacinto, bought by Dagupan City in April 2002 for P16 million will be retained by the city, with the rest of the property to go to the 30 farmer-tenants based on the provision of the Comprehensive Agrarian Reform Program (CARP).
This understanding and compromise was reached during a field investigation on the property conducted by officials of Dagupan City led by Mayor Belen Fernandez and City Legal Officer Aurora Valle, officials of the Department of Agrarian Reform, Municipal Agriculture Officer of San Jacinto, members of the municipal council of San Jacinto, and members of the barangay councils of Awai and Labney, and the 30 tenant-farmers.
The Dagupan officials responded to the Notice on the Conduct of Field Investigation on September 20-21 signed by Maria Ana Francisco, Director IV of DAR Region 1, in connection with the Notice of Coverage issued by DAR over the more than 29-hectare property dated March 2, 2004 which became final as gleaned from Order/Certificate of finality issued by the agency on December 9. 2019.
Reacting to the decision of DAR, Mayor Fernandez said, “It is a sad story because we will be allowed to retain only five hectares.”
For her part, Atty. Valle explained the Awai property was declared covered by land reform and the order has become final. “We cannot do otherwise except to accept the consequence that “we have a retention limit of five hectares under the law.”
Valle explained that per DAR’s letter, the field investigation was for the city to choose where the five hectares should be, adding that the city was given within 30 days to choose the area.
However, Mayor Fernandez cannot make the selection herself unless she is authorized by the Sangguniang Panlungsod to choose the retention limit as provided by law, she added.
“This matter is actually urgent in nature, that’s why I advised the DAR to give us an urgent manifestation so that we can forward this to the Sanggunian for its prompt disposition,” she said.
Valle stressed that the mayor must seek authorization from Sanggunian to exercise the right of retention within the period prescribed.
She pointed out that if the city government fails to act within the period, Dagupan loses its right to choose and DAR will choose for the city.
“Because the law gives us that right, we might as well exercise the right of retention by choosing contiguous property in this Awai land para naman po hindi tayo masyadong malugi.”
The Dagupan City government, under then Mayor Benjamin Lim, paid seller Jose Mariano Cuna, a businessman in Dagupan, but the city was never given the land title because of claim dispute by the farmer tenants. (Leonardo Micua)
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