MANILA, Philippines - The Office of the Ombudsman has indicted a provincial agrarian reform adjudicator for issuing an illegal order that deprived several farmers in Gov. Camins, Zamboanga City of land titles in 2004.
In a 10-page resolution, Ombudsman Conchita Carpio Morales approved the filing of graft case against Jesric Enriquez of the Department of Agrarian Reform Adjudication Board (DARAB) – Region IX, Zamboanga City.
Records disclosed that in December 2004, DARAB Central Office issued an order awarding the parcel of land to its tenant-tillers and directed the Archdiocese of Zamboanga as owner to retain the tillers as lessees.
However, on Aug. 13, 2009, Enriquez issued an order saying that the decision by DAR Central Office on Dec. 20, 2004 was no longer enforceable due to the issuance of an Order of Conversion by the DAR Secretary in December 2006.
The conversion order reclassified the land as non-agricultural, which excluded the property from the agrarian reform law.
At that time, the land was still the subject of a compromise agreement between the Archdiocese of Zamboanga City and the tenant-tillers.
Under the deal, the tenants will each receive a 1,000-square meter lot. Negotiations, however, failed to push through after Enriquez issued the order.
"The DAR decision of 20 December 2004 has already attained its finality...an executory and final decision cannot be lawfully altered or modified even by the court which rendered the same, especially where the alteration or modification is material or substantial," the Ombudsman said.