19 Marso 2024, Martes
supports Fire Prevention Month
deepest sympathy to family of the late Danilo Halili
supports Women Month March
joins Christian nations in observance of Lenten season
welcomes Bagong Bayani Monico Lopez Caranay
BuCor can get back unused lands
By J.Lo
“After careful review of relevant laws and documents, we advise that non-fulfillment by DAR of conditions stipulated in Deeds of Transfer gives BuCor right to revoke the transfer,” Department of Justice (DOJ) legal opinion read unused lands from prison camps in Occidental Mindoro and Puerto Princesa City, Palawan previously transferred to Department of Agrarian Reform (DAR) and other local government units (LGU) can be returned to Bureau of Corrections (BuCor).
In five-page legal opinion penned by Justice Secretary Jesus Crispin Remulla dated March 5, BuCor can “revoke transfer” of some parcels of land from Sablayan Prison and Penal Farm in Occidental Mindoro and Iwahig Prison and Penal Farm from DA and LGU after its purpose of transfer of lands was not fulfilled.
DOJ’s opinion came after BuCor asked the agency if some portions of land transferred to DAR on Sept. 6, 1990, could be returned to the bureau after it was not distributed to farmer-beneficiaries as mandated by Executive Order No. (E.O.) 407. E.O. stipulates “lands foreclosed by government financial institutions, all lands acquired by Presidential Commission on Good Government, and all other lands owned by government devoted to or suitable for agriculture, shall be acquired and distributed” to beneficiaries.
Said portions of lands distributed from Sablayan Prison Farm are 7,323.2 hectares covering additional area of 5,000 hectares.
Iwahig Prison Camp, transferred to LGU of Puerto Princesa, Palawan in 2004, on the other hand, has declared 1,072 hectares of land transferred to be industrial commercial site.
Some portions of lands that were transferred to BuCor facilities to DAR and the LGU were not distributed to farmers-beneficiaries nor were used on their original intention.
DOJ citing DAR said of 7,323.2 hectares and additional 5,000 hectares in Sablayan Prison Farm, about 3,600 hectares were only distributed while there are portions of lands in Iwahig Penal Colony that are still undeveloped.
“In this case, non-fulfillment of condition may give rise to revocation of transfer and all rights already acquired by transferee…just like in donation, when donee fails to comply with any of the conditions imposed by donor, the donation shall be revoked at the instance of the donor,” DOJ’s legal opinion read.
DOJ cited portion of implementing rules and regulations of Republic Act. 10575 or “Act strengthening BuCor and providing funds”, as grounds for land portions to be reverted to BuCor:
Rule VI-Land Cotrol and Management of BuCor
Section 6. Lands of the Bureau of Corrections. A Land Development Board shall undertake following provisions.
a) Land Use. Aside from administrative purposes, all BuCor lands shall be used for inmate security, reformation programs and as a means to promote sustainability, both income and non-income generating programs, with or without partnership among non-government organizations, civic organizations or other government entities.
1. Prison lands previously ceded to Local Government Units (LGU) but were abandoned or not developed accordingly for more than 5 years from the time they were ceded, shall revert back to BuCor for inclusion in its plans and regular programs to expand and utilize as penal agricultural, industrial, and/or commercial production farm.
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