THE Department of Justice said the Bureau of Corrections can take back the parcels of land located in some of its prison and penal colonies it ceded or transferred to local government units and the Department of Agrarian Reform that have remained undeveloped.
“After a careful review of the relevant laws and documents, we advised that the non-fulfillment by DAR of the conditions stipulated in the Deed of Transfer gives the BuCor the right to revoke the transfer,” Justice Secretary Jesus Crispin Remulla said in a legal opinion dated March 5.
Remulla issued the legal opinion upon the request of BuCor Director General Gregorio Catapang Jr. concerning the agency’s plan to reclaim ownership of 7, 323.2 hectares of land in the Sablayan Prison and Penal Farm (SPPF) in Sablayan, Occidental Mindoro that were transferred to the DAR in 1990 and 1991 and 1, 072 hectares of land in Iwahig Prison and Penal Farm (IPPF) in Palawan.
The portion of the SPPF was transferred to the DAR for distribution to farmer-beneficiaries pursuant to Executive Order 407 which mandates, among others, that all land 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 immediately upon the effectivity of the said act, and with implementation to be completed within a period of not more than four years therefrom.
On the other hand, the portion of the IPPF lands was transferred to the city government of Puerto Princesa which classified it as an industrial-commercial site. Later, it was declared as an environmental estate.
However, Catapang said the BuCor decided to take back the land as some portions were abandoned or remained undeveloped for more than five years from the time of transfer.
Remulla said the Deed of Transfer executed between the BuCor and DAR is akin to a Deed of Donation wherein the “transfer is subject to conditions,” one of which is the immediate distribution to CARP beneficiaries of the 7,323.2 hectares and the additional hectares.
However, he said only about 3,600 hectares from the SPPF have been distributed to beneficiaries while most of the lot from IPPF remained 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,” the DOJ held.
