By Recto I. Vidal
Mirant Global expressed its willingness to face charges filed by the Department of Agrarian Reform (DAR) provincial office here after the latter last week filed a joint complaint affidavit against the former for its "premature conversion of a 2.8 hectare orchard farm as a site for their diesel-fed 5 megawatt power plant in Barangay Mabilo, New Washington, Aklan. "We're willing to abide with the processes so that the issues confronting Mirant Global will be threshed out in the proper forum," said Greggy Romualdez, Mirant public affairs manager, during a recent phone interview. Romualdez said that Mirant has already secured all the necessary approval from the municipal, provincial and national levels for the construction of said plant. "This project, aimed at averting the power shortage in Aklan, by providing reliable and cost efficient power in the province to boost its tourism industry, was properly endorsed by the municipal government of New Washington through a board resolution," he disclosed. Romualdez added that the land use plan of New Washington even classified the area as industrial in a certification it issued last year. The DAR in Aklan through the provincial taskforce on illegal conversion indorsed its recommendation to Chief Provincial Prosecutor Lourdes Mayor said complaint against respondents Edgardo Bautista, CEO and former president of Mirant Philippines as landowner and Danilo Narceda, vice-president of the Avon River Power Holdings Corporation, project company of Mirant Global for its projects in Aklan. In a six-page complaint dated October 17, 2005, the taskforce found that the respondents clearly violated RA 6657 on the "premature conversion" of agricultural lands into industrial estates which under the law is prohibited. Earlier, Gilberto Mationg, chairperson of the agrarian reform committee in Barangay Mabilo, New Washington, Aklan filed a letter of complaint dated May 5, 2004. It alleged Mirant failed to file an application for conversion with the DAR office in Kalibo, Aklan since it constructed its power generating plant despite a previous notice of cease and desist order from DAR since June, 2004. On December 14, 2004, the DAR legal assistance division submitted its investigation report to lawyer Daniel Y. Martelino, provincial agrarian reform officer II on the premature conversion activities conducted on said area. Initial investigation conducted by the task force revealed that the respondents developed the said area from agricultural to industrial use as site of its 5-megawatt diesel fired power plant. It later recommended the issuance of a cease and desist order to the respondents to stop any development activities in the area. Despite the order, the respondents continued their development activities and to date, all structures appear to have been completed. Among the violations DAR found last year during its investigation was a land transfer transaction between its former owner Chelma Reyes and the Toledo Holdings Corporation, a subsidiary of Mirant Global Corporation. "We found said transfer of property questionable since it has been registered with the Registry of Deeds even without a clearance from DAR as mandated by the DAR Administrative Order No.1 Series of 1989. This is an administrative offense. In other words, it has not gone through the usual process," said lawyer Carol Morales, chief legal division of DAR-Aklan. Documents show that Reyes issued a special power of attorney in favor of lawyer Simonette Peralta who executed a Deed of Absolute Sale to Toledo Holdings. The lawyer is the daughter of Mayor Edmund Peralta of New Washington. In an interview, Morales told Madyaas Pen that said land transfer was registered at the Registry of Deeds, Kalibo on April 5, 2005 and was approved by Provincial Prosecutor Lourdes Quimpo Mayor under TCT No. 3431 wherein a new land title was issued to Toledo Holdings on the same day. The second violation found by the DAR was the "illegal construction" of the power plant without the certificate of conversion order from the DAR and the failure of the respondents to apply for said conversion. The Madyaas Pen learned that as early as May 5, 2004, the DAR in New Washington requested the respondent to cease and desist from developing the area since it has not obtain any clearance from the DAR but the latter ignored said request. Instead, it continued to bring in heavy equipments like backhoe into the project site and pave the area. Morales said that "premature conversion" was done without an investigation report from the municipal agrarian reform officer (MARO) and endorsements from the provincial agrarian reform officer (PARO). On June 14, 2004, Harvey Reloj, municipal agrarian reform technologist in New Washington, also reported to the local police regarding a land paving operation on said area undertaken by a group identified with the Mirant. "I asked the developers if they have the necessary permits to undertake said project and they said that their project has the blessings from Malacanang," he said. In an interview, he claimed that certain influential local officials in said town tried to expedite said transaction in their bid to facilitate the establishment of the power plant. In a public forum sponsored by the Aklan clergy last year, Reloj described said premature conversion as a "violation of the rule of law" and urged Mirant officials to immediately file an application for conversion before the DAR office. Later, Reloj claimed that his call remained unheeded by Mirant. The land use plan of New Washington even classified the area as industrial in a certification issued last year," Romuadez said during a phone interview. However, the DAR contended that despite an ordinance passed by the Sangguniang Bayan of New Washington" reclassifying said area from agricultural to industrial, the same however is not yet been approved by the Aklan provincial board due to lack of comprehensive land use plan. With said complaint filed by the taskforce, Martelino expressed hope that this development will call the attention of would be developers to observe the rules and laws pertaining to land conversion and to educate all concerned that there are processes and guidelines involved in all land transactions and conversion of agricultural lands. /MP mailto:madyaas_pen@yahoo.com
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