The Bureau of Corrections (BuCor) can recover the lands in its prison and penal farms that were transferred to other government agencies but were not utilized for the purposes specified in the transfer.

Cited were the 12,323.2 hectares of land in BuCor’s Sablayan Prison and Penal Farm (SPPF) in Occidental Mindoro that were ceded to the Department of Agrarian Reform (DAR) in the 1990s for the government’s agrarian reform program, and the 1,072 hectares in Iwahig Prison and Penal Farm in Palawan for industrial-commercial site.

BuCor Director General Gregorio Pio P. Catapang Jr. sought a legal opinion from Justice Secretary Jesus Crispin C. Remulla if the unutilized portions of the ceded landholdings that were not utilized for the purposes for which they were transferred could be recovered by the bureau.

Catapang said the 12,323.2 hectares of SPPF land were ceded to the DAR pursuant to Executive Order (EO) No. 407, series of 1990 with the deeds of transfer dated Sept. 6, 1990 and Oct. 10, 1991 for 7,323.2 hectares and 5,000 hectares, respectively.

EO No. 407 states that lands acquired by the DAR should be “distributed immediately upon the effectivity of the said Act and with implementation to be completed within a period of not more than four (4) years therefrom.”

Catapang told Remulla that despite the transfers of BuCor’s lands to local government unit and the DAR, some portions were abandoned or remained undeveloped for more than five years from the time of transfer.

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

“In this case, the non-fulfillment of the condition may give rise to the revocation of transfer and all the rights acquired by the transferee,” he said.

“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,” he also said.

Citing DAR records, Remulla said “only about 3,600 hectares from the Sablayan Prison and Penal Farm were distributed to the beneficiaries.”

On the other hand, the 1,072 hectares of land which is located in the Sta. Lucia Sub-Colony of the IPPD was ceded to the Puerto Princesa City LGU to become an industrial-commercial site pursuant to Presidential Proclamation No. 350, series of 1994.

Later on, Presidential Proclamation No. 718, series of 1996 turned the 1,072 hectares of land into an environmental estate and Presidential Proclamation No. 718, series of 2004 reserved some areas in the property as civil reservation for resettlement and agricultural sites.

Catapang said Presidential Proclamation No. 350, series of 1994 and Presidential Proclamation No. 718, series of 1996 have been repealed by the Implementing Rules and Regulations (IRR) of Republic Act (RA) 10575, the BuCor Law of 2013.

Section 26 of the IRR states that several presidential proclamations and executive orders, including Presidential Proclamation No. 350, series of 1994 and Presidential Proclamation No. 718, series of 1996, have been “repealed, amended, or modified, accordingly” for “being inconsistent with the provisions of the IRR.”

However, Remulla disagreed with Catapang as the secretary explained “the express repeal mandated under Section 26 of the Revised IRR is not valid as the law itself, RA No. 10575, did not expressly repeal Presidential Proclamation No. 350, series of 1994 and Proclamation No. 718, series of 1996.”

Even if the repeal is valid and the BuCor can revoke the deed of transfer, Remulla said “this does not diminish the power of the DAR to acquire the identified lands suitable for agriculture for eventual distribution to qualified beneficiaries.”

“Thus, assuming the ownership of said lands could be recovered, the lands should be actually, directly and exclusively used by the BuCor for the purpose for which they have been acquired according to development and modernization plan. Otherwise, DAR can acquire these lands pursuant to E.O. No. 75,” he said.

Remulla referred to Executive Order (EO) No. 75, series of 2019 which states that “the DAR shall acquire all lands devoted to or suitable for agriculture, which are owned by the departments, bureaus, offices and instrumentalities of the Government, and which are no longer actually, directly and exclusively used or necessary for the purpose for which they have been reserved or acquired, for the purpose of eventual distribution to qualified beneficiaries.”