For Illegal Land Conversion
By Recto I. Vidal
The members of the Department of Agrarian Reform's (DAR) provincial task force on land Illegal Conversion filed a joint complaint affidavit before the Provincial Prosecutor's office against a telecommunications giant for the illegal construction of a 15 meter-high cellular tower within the premises of an irrigated ricefield at Barangay Tigayon, Kalibo, Aklan without a land conversion order or an application for conversion with the DAR provincial office, Kalibo.
The said complaint dated September 30, 2005, was endorsed to the Provincial Prosecutor's office for its appropriate action by lawyer Daniel Y. Martelino, in his capacity as Provincial Agrarian Reform officer II. The complaint was prepared by lawyer Carol Morales, chief of the legal division of DAR-Aklan. According to her, the Digitel Mobile Philippines was found to have constructed a cellular tower within an agricultural land without securing an application and conversion order from the DAR office Kalibo in violation of Sec. 65 and 73 of RA 6657 on the illegal conversion of agricultural lands for industrial use which under the law is prohibited.
Named respondents on the five (5) page complaint are land developer Sarah Lobaton, Site Acquisition Permitting Officer of the LPT Site Acquisition Experts; landowner Emilia Rogar of Barangay Tigayon; and the officer in charge/manager of Digitel Mobile Philipinnes being the lessor.
This complaint developed after concerned citizens of Barangay Tigayon, through their lawyer Efren Santos, filed a letter complaint against the respondents for illegal lang conversion on October 22, 2004 before the DAR office after they noted "development activities" inside a 270 square meter ricefield situated near the irrigation canal of the National Irrigation Administration (NIA).
In said complaint, the residents raised concerns regarding health, environment and adverse effects arising from said land conversion. Said land has been classified by DAR-Aklan as "prime agricultural land being an irrigated riceland. Certification from the Office of the Municipal Agrarian Officer of Kalibo states that said land is an irrigated rice land. Furthermore, the National Irrigation Administration in Aklan also certified that the lot concerned was irrigated since 1979 but its "service was stopped when the building and the tower of Sun Cellular was erected on its property."
"Conversion of irrigated ricelands for industrial purposes is simply non-negotiable. Any application for conversion clearance that will be made in our office will only be denied. Only the President of the Philippines can approve such conversion," said lawyer Carol Morales, legal division chief of DAR-Aklan.
Morales told the MP that Digitel is renting the property from respondent Emilia Rogar according to a report and findings made by the legal officer dated Nov. 23, 2004. /MP mailto:madyaas_pen@yahoo.com
By Recto I. Vidal
The members of the Department of Agrarian Reform's (DAR) provincial task force on land Illegal Conversion filed a joint complaint affidavit before the Provincial Prosecutor's office against a telecommunications giant for the illegal construction of a 15 meter-high cellular tower within the premises of an irrigated ricefield at Barangay Tigayon, Kalibo, Aklan without a land conversion order or an application for conversion with the DAR provincial office, Kalibo.
The said complaint dated September 30, 2005, was endorsed to the Provincial Prosecutor's office for its appropriate action by lawyer Daniel Y. Martelino, in his capacity as Provincial Agrarian Reform officer II. The complaint was prepared by lawyer Carol Morales, chief of the legal division of DAR-Aklan. According to her, the Digitel Mobile Philippines was found to have constructed a cellular tower within an agricultural land without securing an application and conversion order from the DAR office Kalibo in violation of Sec. 65 and 73 of RA 6657 on the illegal conversion of agricultural lands for industrial use which under the law is prohibited.
Named respondents on the five (5) page complaint are land developer Sarah Lobaton, Site Acquisition Permitting Officer of the LPT Site Acquisition Experts; landowner Emilia Rogar of Barangay Tigayon; and the officer in charge/manager of Digitel Mobile Philipinnes being the lessor.
This complaint developed after concerned citizens of Barangay Tigayon, through their lawyer Efren Santos, filed a letter complaint against the respondents for illegal lang conversion on October 22, 2004 before the DAR office after they noted "development activities" inside a 270 square meter ricefield situated near the irrigation canal of the National Irrigation Administration (NIA).
In said complaint, the residents raised concerns regarding health, environment and adverse effects arising from said land conversion. Said land has been classified by DAR-Aklan as "prime agricultural land being an irrigated riceland. Certification from the Office of the Municipal Agrarian Officer of Kalibo states that said land is an irrigated rice land. Furthermore, the National Irrigation Administration in Aklan also certified that the lot concerned was irrigated since 1979 but its "service was stopped when the building and the tower of Sun Cellular was erected on its property."
"Conversion of irrigated ricelands for industrial purposes is simply non-negotiable. Any application for conversion clearance that will be made in our office will only be denied. Only the President of the Philippines can approve such conversion," said lawyer Carol Morales, legal division chief of DAR-Aklan.
Morales told the MP that Digitel is renting the property from respondent Emilia Rogar according to a report and findings made by the legal officer dated Nov. 23, 2004. /MP mailto:madyaas_pen@yahoo.com
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