Unused lands transferred from Sablayan, Iwahig penal farms can be reverted to BuCor — DOJ

MANILA, Philippines — Unused lands from the prison camps in Occidental Mindoro and Puerto Princesa, Palawan previously transferred to the Department of Agrarian Reform (DAR) and other local government units (LGU) can be returned to the Bureau of Corrections (BuCor), a legal opinion from the Department of Justice (DOJ) said. 

In a five-page legal opinion penned by Justice Secretary Jesus Crispin Remulla dated March 5, the BuCor can “revoke the transfer” of some parcels of land from the Sablayan Prison and Penal Farm in Occidental Mindoro and Iwahig Prison and Penal Farm from the DA and LGU after its purpose of the transfer of lands was not fulfilled. 

“After a careful review of the relevant laws and documents, we advise that the non-fulfillment by DAR of the conditions stipulated in the Deeds of Transfer gives the BuCor the right to revoke the transfer,” DOJ’s legal opinion read. 

The DOJ's opinion came after the 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. The E.O. stipulates that "lands foreclosed by government financial institutions, all lands acquired by the Presidential Commission on Good Government, and all other lands owned by the government devoted to or suitable for agriculture, shall be acquired and distributed" to beneficiaries.

The said portions of lands distributed from the Sablayan Prison Farm are 7,323.2 hectares covering an additional area of 5,000 hectares. 

The Iwahig Prison Camp, which was transferred to the LGU of Puerto Princesa, Palawan in 2004, on the other hand, has a declared 1,072 hectares of land transferred to be an industrial commercial site. 

However, some portions of lands that were transferred to the BuCor facilities to the DAR and the LGU were not distributed to the farmers-beneficiaries nor were used on their original intention. 

The DOJ citing DAR said that of the 7,323.2 hectares and an additional 5,000 hectares in the 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, the non-fulfillment of the condition may give rise to the revocation of transfer and all the rights already acquired by the transferee. Just like in donation, when the donee fails to comply with any of the conditions imposed by the donor, the donation shall be revoked at the instance of the donor,” DOJ’s legal opinion read.

The DOJ cited a portion of the implementing rules and regulations of the Republic Act. 10575 or the “An act strengthening the BuCor and providing funds”, as grounds for the land portions to be reverted to the BuCor:

Rule VI-Land Cotrol and Management of BuCor

Section 6. Lands of the Bureau of Corrections. A Land Development Board shall undertake the 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.