Preview

APECO

Good Essays
Open Document
Open Document
697 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
APECO
This is a story brief on the APECO (Philippines) case presented at the Asian People’s Land Rights Tribunal held at the University of the Philippines last 16-17 January 2014.

A land use conflict case of a state college against agrarian reform beneficiaries is a classic, “Only in the Philippines” case.
How can an educational institution, a state college at that, refuse to turn over a 110-hectare prime, irrigated, agricultural land to its legitimate agrarian reform beneficiaries?
Only five hectares of the disputed land has been utilized by the institution. However, the Department of Agrarian Reform (DAR) has not exercised its authority to cover the 105-hectare property under the Comprehensive Agrarian Reform Program (CARP) for its 56 farmer-beneficiaries.
The disputed land in Barangay Esteves, Casiguran, Aurora, was awarded as a reservation area for a school of fisheries by virtue of Proclamation No. 723 dated 21 August 1934.
In the 1960s, farmers were allowed to develop the reservation in Barangay Esteves from forest lowlands to agricultural land, with the consent of local authorities. The projected 90 hectares came to be known as part of the rice granary and primary food source of northern Aurora. As early as 1963, the farmers submitted a petition to the Bureau of Lands to grant them titles as the legitimate owners.
In 1973, the Secretary of Education and Culture endorsed to the Department of Natural Resources (DNR) the amendment of Proclamation of 723 to exclude Lot B, favoring the farmers as actual occupants. The farmers submitted another petition in 1992 for the implementation of the Memorandum of Agreement (MOA) between the DAR and Department of Education, Culture and Sports (DECS), on negotiating the distribution of portions of the school stipulated as within the CARP coverage, in line with EO 506, “Accelerating the Acquisition and Distribution of Land.”
Meanwhile, in 1984, a small portion of the total area was utilized for the Aurora National High

You May Also Find These Documents Helpful

  • Better Essays

    Bernie's Land To Clara

    • 1394 Words
    • 6 Pages

    As per Santow JA in Clos Farming, an easement ‘must be reasonably…

    • 1394 Words
    • 6 Pages
    Better Essays
  • Good Essays

    In addition, traditional land system tenure within the South Pacific society poses a major obstacle to the…

    • 585 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Land Disputes in Cambodia

    • 10065 Words
    • 41 Pages

    with data validation while in the field. RIC would also like to thank Oxfam GB for…

    • 10065 Words
    • 41 Pages
    Powerful Essays
  • Satisfactory Essays

    5.---(1)'' As ftom the lst dayofJanuary, 1958, native customary rights may be createdin accordance with the native customarylaw of the cornmurity or conmunities concemedby any of the methods specilied subsection ifa permitis obtained in (2), urde! section10, upon Intgrio! Ar€a Land. Saveas aforesaid, without Fejudice to but the provisions hereinaftercontainedirt respectof Native Communal Reserves rights ofway, no recognitionshall be givento anymtive and customary rightsoverany landin Sarawak created afterthe lst dayof January, 1958,and if the land is Statelandany person occupation in thereofshall deemed be in unlawfuloccupation State be to of landand section shallapplythereto. 209 The methods by which native customaryrights may be At acquiredare(a) the felling of virgin jungle and the occupation the of land ahereby cleared; (b) the plantingof land with fruit trees; (c) the occupation cultivation or ofland; (d) (, the useof landfor a burial groundor shrine; any other la\{ul method: (i) until a docunentof title has beenissuedin respectthereof, such land shall coriti[ue to be Stateland and any native lawfully in occupation thereof shall be deemed hoid by liceoce to from the Government shall and not b€ .equired to pay any rent in respcctthereof unless anduntil a document ofiitle is issued him; aid to (ii) the questionwhethq any such dght has beed acquired hasbeenlost or extidguished or shall,sd[e''inso far as this Code makescontraryprovision, be determiried by the law in force immediately prior to the lst day of January, 1958. (e) the useofland ofany class foirights ofway; or Provided that-…

    • 846 Words
    • 4 Pages
    Satisfactory Essays
  • Best Essays

    Land Law

    • 3359 Words
    • 14 Pages

    * B McFarlane, N Hopkins, S Nield, Land Law text, cases, and material, OUP, Gosport, 2009…

    • 3359 Words
    • 14 Pages
    Best Essays
  • Powerful Essays

    Digested Sales Cases

    • 4061 Words
    • 17 Pages

    Miguel Mapalo and Candida Quiba, simple illiterate farmers, were registered owners of a residential land in Manaoag, Pangasinan. Out of love and affection for Maximo Mapalo, Miguel’s brother who was about to get married, they decided to donate the eastern half of the land. However, they were deceived into signing a deed of absolute sale of the entire land on October 15, 1936. The document showed a consideration of P500, but the spouses actually did not receive anything. The spouses built a fence segregating the donated land. They continued to possess the western part up to the present. Not known to them, on March 15, 1938, Maximo registered the deed of sale in his favor and was able to obtain a TCT. On October 20, 1951, Maximo sold the entire land to the Narcisos, and a TCT was issued. The Narcisos took possession of the eastern part and filed a suit against Miguel and Candida, as well as Floro Guieb and Rosalia Mapalo Guieb who had a house on the western portion consented by the spouses. The spouses filed an answer with counterclaim, seeking cancellation of the TCT of the Narcisos on the ground that their consent to the deed of sale in favor of Maximo was obtained through fraud. The spouses also instituted a complaint to nullify the deeds of sale in 1936 and 1951. The trial court tried the case jointly. It ruled in favor of Miguel and Candida. The appellate court, however, reversed the judgment and rendered the sale valid on the ground of prescription. According to the appellate court, the sale is voidable and subject to annulment only within 4 years after discovery of fraud. It reckoned March 15, 1938, the date of registration, to be the reckoning period.…

    • 4061 Words
    • 17 Pages
    Powerful Essays
  • Powerful Essays

    carp

    • 2195 Words
    • 8 Pages

    Among other provisions, the CARPER bill mandates that private agricultural lands – the type that the Arroyos and the Cojuangcos own – can only be distributed if the original CARP managed to distribute 90 percent of its target. But CARP, despite the two decades it had, only distributed less than half of it. It’s an impossible provision that only underscores what progressive farmers have been saying all along – that CARPER is bogus.…

    • 2195 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Some of us here in Congress may have heard of the cancellation of CLOAs in Hacienda Looc, Batangas, Sumilao, Bukidnon and Hacienda Maria, Agusan del Sur. These are only some of the 2,555 cases involving cancellation of EPs and CLOAs which covers 29,682 hectares of land. To be specific, the case of Hacienda Maria in Agusan del Sur involves ninety-four (94) farmers that were already in possession of the land with titles issued more than ten years ago. These titles are now facing cancellation, apparently on the ground that the former Ministry of Agrarian Reform has erroneously covered that piece of land under Presidential Decree No. 27.…

    • 600 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Land Reforms in India

    • 4056 Words
    • 17 Pages

    Michael Lipton, Land Reform in Developing Countries: Property rights and property wrongs, Routledge, 2009 P.P.S…

    • 4056 Words
    • 17 Pages
    Best Essays
  • Satisfactory Essays

    Section21

    • 316 Words
    • 2 Pages

    (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.…

    • 316 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Admin Law

    • 44587 Words
    • 179 Pages

    Petition for a writ of prohibition with preliminary injunction to restrain the Secretary of Justice from investigating the official actuations of the Commissioner of Land Registration, and to declare inoperative his suspension by the Executive Secretary pending investigation.…

    • 44587 Words
    • 179 Pages
    Powerful Essays
  • Powerful Essays

    marketing plan

    • 2657 Words
    • 16 Pages

    mandated that fifty (50) hectares from the sixty (60) hectares administered by DJNRMH shall be…

    • 2657 Words
    • 16 Pages
    Powerful Essays
  • Good Essays

    Jurisprudence on Rape

    • 49839 Words
    • 200 Pages

    In People v. Adajio, the Court found that fear of bodily harm and fear for the safety of her family prevented the therein complainant from shouting for help, caused her to spread her legs upon the order of her rapist, and compelled her to follow him to the place where the second charge of rape occurred. It thus held that physical resistance need not be established in rape when threats and intimidation are employed and the victim submits herself to the embrace of her rapist because of fear, as in the cases at bar.…

    • 49839 Words
    • 200 Pages
    Good Essays
  • Good Essays

    Territorial

    • 479 Words
    • 2 Pages

    Authored by Profs. Aileen Baviera and Jay Batongbacal, the primer covers the "historical background, current conditions, pertinent issues, and policy questions regarding the territorial and maritime disputes in the West Philippine Sea."…

    • 479 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Agrarian Reform

    • 1157 Words
    • 6 Pages

    AGRARIAN REFORM (Concept, Aspects, Evolution of Philippine Agrarian Structure, Present Agrarian Problems) REYES, Antonette | NORIEGA, Stella | ALFONSO, Joyce Kristin AGRARIAN REFORM • refers to a broad program to improve not only the productivity, but also the income levels of the agrarian sector, to generate and expand employment, and reduce poverty in the countryside • human relations pertaining to land LAND REFORM • an integrated set of measures designed to eliminate obstacles to economic and social development arising out of defects in the agrarian structure • refers to full range of measures that may be taken to improve or remedy the defects in the relations among men with respect to their lands. Aspects of Agrarian Reform • Political Aspect – land is/was used to capture political power.…

    • 1157 Words
    • 6 Pages
    Powerful Essays