As early as last year, the Department of Agrarian Reform (DAR) issued a Cease-and-Desist Order for (CDO) for premature conversion against the registered owner of the land in Hiyop, Pandan where the Paraiso ni Honesto hotel resort now stands.
However, despite the issuance of the CDO, construction activities apparently continued inside the property which at the time was being developed by then Pandan Mayor Honesto Tabligan II.
A copy of the document furnished to the Tribune by a representative of the original owners of the lot shows that the CDO was issued on Nov. 25, 2021 against one Reynaldo Talan “or any person/s acting on their own singly or collectively or in his behalf,” directing them from further undertaking any development activity not related to agricultural purposes within the landholding in issue.
It directed the respondent to explain within 10 days from receipt why no penal sanction shall be imposed for violating agrarian laws, rules and regulations.
The order issued by OIC Regional Director Rodrigo Realubit likewise directed the Provincial Agrarian Reform Program Officer (PARPO II) through the Provincial Task Force on Illegal Conversion (PTFIC) to determine whether respondent should be held criminally liable under Section 73 of Republic Act 6657 as amended.
A copy of the order was also issued to the Heirs of Baldomero Lopez, the original owner of the land in question.
The document shows that the CDO application was filed by the DAR provincial office in 2021 against Talan, who bought Lot No. 2388, with an area of 9.8266 hectares, from the Lopez heirs through an Extra-Judicial Settlement of Estate with Absolute Sale.
Investigation by the DAR provincial office revealed that “there were apparent development activities” over the subject landholding.
Subsequently, a Show Cause Order was issued by the PARPO II on April 29, 2021 requiring Talan to explain and show cause and submit evidence that the agricultural land was granted conversion clearance and/or exemption order from DAR.
Despite the period given, Talan failed to submit any proof that the development activity was authorized by DAR.
“The development activity conducted thereon effectively modified its physical characteristics of the property in issue which resulted in premature conversion,” DAR said.
“While it is intended for another use which, apparently, may generate more economic gains for the landowner, its modification must be authorized by DAR,” it stressed.
The modification, which defeated the intended natural purpose of the land, was found to have no authority from this level or the DAR secretary, RD Realubit pointed out.
“Thus, there is apparently strong case that engenders belief that premature conversion was committed by the respondents,” he added. “This level cannot turn a blind eye on the requirements of the law on conversion.”
Under the Comprehensive Agrarian Reform Law (CARL) of 1988 (Republic Act 6657), the DAR is mandated to approve or disapprove land reclassification and/or conversion, with violators to be meted imprisonment of one month to three years or a fine of P1,000.00 to P15,000.00, or both at the discretion of the court.
According to Lea Trinidad, one of the Heirs of Baldomero Lopez, the land, then mortgaged to one Austero Santelices for P80,000.00, was sold to Talan in 2006 by Justiniano Lopez.
Of the original nine Lopez siblings, not one was alive at the time of the sale, which was affirmed by three of the grandchildren who were allegedly offered P50,000 each to sign the document.
Trinidad had to go to court to secure a copy of the document, which stated that the land in question was sold to Talan for P180,000.00.
She said she learned later that the lot sold by Talan to Mayor Tabligan was the Trinidad family’s share, so it was the mayor who was the subject of their complaint with the barangay.
Until now, she claimed, they have failed to contact Talan, who is a resident of Silang, Cavite, in connection with the Lopez heirs’ attempt to invalidate the extra-judicial settlement of the property executed in 2006.
It is alleged that the heirs have been offered P1 million to drop the complaint but the latter refused.