Court of Appeals junks claim of 45 farmers in Nasugbu land case

MANILA, Philippines – A golf course can now be constructed on a 1,219-hectare property in Batangas after the Court of Appeals (CA) dismissed the claim of 45 farmers over the contested land in Hacienda Looc in Nasugbu.

In its ruling, the CA agreed with the Office of the President (OP) that the decision of the Department of Agrarian Reform Adjudication Board (DARAB) canceling the Certificates of Land Ownership Awards (CLOA) of the farmers had become “final and executory” because they failed to appeal it.

In their petition, the farmers questioned the OP’s declaration that 1,219 hectares in Hacienda Looc were not covered by the Comprehensive Land Reform Program.

However, the CA upheld the government’s findings that the lands were not suited for agriculture.

“It is also worth noting that, in the case at bench, the factual issues raised concerning the slope and the agricultural development of the lots in question have been threshed out and passed upon not only in the proceedings before the DAR-Regional Office, the DAR Secretary and the OP, but also in the investigations conducted by the Task Force and the Inter-Agency Committee organized specifically for the purpose,” read the CA decision.

The farmers said the interests of the community in Hacienda Looc, which covers over 8,650 hectares, should prevail over business interests of Fil-Estate, the developer of the golf course. Fil-Estate plans to convert the subject lands into a tourist haven for golfers, the farmers added.

The decision was written by Associate Justice Edgardo Cruz.

Records showed that the Development Bank of the Philippines acquired several parcels of land collectively known as Hacienda Looc, with an aggregate area of 8,650 hectares, in Nasugbu in Batangas and straddling several coastal barangays.

It was subsequently transferred to the government, which, in turn, entered into a Trust Agreement with the Asset Privatization Trust (APT).

On June 28, 1990, the APT and the DAR entered into an agreement whereby APT signified its intention to sell portions of Hacienda Looc to the DAR on the condition that the latter would return to the APT portions of the property not covered by the CARP.

Prior to the transfer, however, the DAR had already issued emancipation patents over 1,197 hectares of Hacienda Looc which were planted with rice.

In line with this, the DAR issued land titles to some 940 farmer-beneficiaries.

Between 1991 and 1993, the DAR issued to 1,478 agrarian reform beneficiaries 25 CLOAs covering 3,981 hectares in Hacienda Looc.

On Dec. 10, 1993, the APT put up Hacienda Looc for bidding, with Bellevue tendering the highest cash bid.