The Office of the President denied the motion for reconsideration of Alberto Arceo, et al in case no. 10-C-129 filed by Rodolfo Mendoza, et al involving an agricultural land of the Arceo family in Barangay Alangilan, Bacolod City.

Mendoza had filed a petition for Comprehensive Agrarian Reform Program coverage involving an agricultural land of Alberto Arceo, et al containing an area of about 85.2624 hectares in Alangilan.

On the other hand, Arceo filed a motion for reconsideration from the decision of the Office of the President dated May 25, 2011, that dismissed their appeal from the Orders of the Department of Agrarian Reform Secretary dated December 19 2007 and December 29, 2009.

In his Order dated Dec. 21, 2011, Executive Secretary Paquito Ochoa Jr. said records show that on May 25, 2011, the Office of the President dismissed Arceo’s appeal on the ground that they failed to show any evidence to prove that the subject landholdings that they own are forest land to remove it from the coverage of CARP.

Arceo moved for reconsideration of the questioned Decision of the Office of the President stating that “The landholdings, subject of this case, are not devoted to agricultural activity and the lots involved have a slope of over 18 percent.”

Ochoa, however, said Arceo failed to present proof that the subject landholdings have been declared by the President, through the Department of Environment and Natural Resources, as forest land pursuant to DAR Administrative Order No. 01, Series of 1990.

The Investigation Report of the acting Municipal Agrarian Reform Officer showed that, even before the effectivity of Republic Act 6657 or the Comprehensive Agrarian Reform Law on June 15, 1988, the subject landholdings were devoted to sugarcane production, he said.

Ochoa said that according to the report, in 1985, Arceo shifted to eucalyptus plantation in 1985.

Mendoza is represented by Jose Max Ortiz, Leo Irving Sedonio and Elnora Orola-Abaygar.

In his letter dated January 17, 2012, Ortiz informed Mayor Evelio Leonardia of the Resolution denying the appeal of the Arceo family and requested the city to cancel whatever permit it has issued in connection with the quarry operations affecting the lot.

He said the decision/resolution is now executory even if the Arceo family decides to further appeal the case to a proper forum.

Asked for his comment, Allan Joseph Arceo said they expected it to happen since the DAR is under the Office of the President, so it will support the DAR’s findings. “They do not even answer our arguments,” he said.

“But let us just follow due process. We will appeal the resolution with the Court of Appeals and if we lose, there is still the Supreme Court which is the last judicial entity that will look into it,” he added.

Arceo said if they again lose the case, it is the Land Bank of the Philippines who will determine whether or not their property, which is planted with trees, should be subjected to CARP.*CGS

back to top