MANILA, Philippines - Groups opposing the Aurora Pacific Economic Zone and Freeport Authority (Apeco) on Friday asked Supreme Court Chief Justice Maria Lourdes Sereno to expedite the deliberations on the petition they filed questioning the constitutionality of Apeco.
The groups, including fisherfolk organization Pamalakaya, Anakpawis partylist, Alyansa ng Magbubukid sa Gitnang Luzon (AMGL), the multi-sectoral coalition Resist Apeco, Defend Aurora Movement and Panlalawigang Alyansa ng Magbubukid sa Aurora, also urged the High Court to make ruling on their petition.
In their 110-page petititon, the groups claimed that the laws which created Apeco - namely Republic Act 9490 or the Aurora Special Economic Zone Authority (ASEZA Act of 2007) and the amendatory law RA 10083 or the Aurora Pacific Economic Zone and Free Port Act of 2010 were unconstitutional.
"Highly constitutional issues were raised and ranged against Apeco. But the Supreme Court has yet to deliberate on these pertinent concerns... The Sereno-installed Aquino court should set the record straight and settle the real score," Pamalakaya national chairperson Fernando Hicap said.
In their petition, the petitioners argued that RA 9490 and RA 10083 violated the constitutional provisions pertaining to agrarian reform and social justice.
They also argued that agrarian reform and social justice were violated by ASEZA and its amendatory law (Apeco) patently disregarded the agrarian reform beneficiaries of the agricultural lands awarded to them by the national government when Apeco started covering lands already covered and awarded through government land reform programs.
The petitioners also claimed that Apeco is a gross violation of fisherfolk rights as enshrined in the 1987 Constitution and relevant laws.
The petitioners said that under Section 7, Article 13 of the 1987 Charter it is explicitly defined that “the states shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of local marine and fishing resources, both inland and offshore."
They said that the stretch of land bordering the shorelines of saltwater fishing of Aurora affected with the creation of ASEZA starting from the Southern tip of the peninsula of San Ildefonso going to Casiguran Bay to the opposite shore of the Casiguran sound is around 57.4 kilometers.
Named respondents in the petition were Apeco officials as represented by its board composed of Roberto Mathay, president and chief executive officer, Aurora Gov. Bella Angara-Castillo, Rep. Juan Edgardo “Sonny” Angara, Mayor Victorio Briones of Dilasag, Aurora and Harley Rose Alcantara Daquioag, representing the workers in the board, House Speaker Feliciano “Sonny” Belmonte and Senate President Juan Ponce Enrile for the Philippine Congress which enacted ASEZA and Apeco laws.