THE trial court in Bicol has directed the provincial government of Camarines Sur to keep its hands off the expropriation proceedings of several lands owned by Bicol farmers to allow an airport-development project in the province under President Duterte’s “Build, Build, Build” slogan.
In a five-page resolution issued by Judge Vivencio Gregorio Atutubo III, presiding judge of Branch 32 of the Regional Trial Court of Camarines Sur, the trial court directed the provincial government of Camarines Sur, headed by Gov. Miguel Luis R. Villafuerte, to desist from implementing the writ of possession that the court earlier issued against the farmers.
The court held that the provincial government of Camarines Sur is not the right party-in-interest to pursue the expropriations of the affected lands, which the owners, mostly farmers, are protesting for lack of lawful process.
The farmers representing families of Rufina Bien, Salvacion Almazan, heirs of Getulio Montejo, Leopoldo Fideris and Flor Purificacion Ramirez have earlier complained of harassment and coercion to force them to sell or abandon their lands in favor of the airport project known as the Naga Airport Development Project.
It can be recalled that Rep. Rolando G. Andaya Jr. of the First District of Camarines Sur earlier appealed to Villafuerte’s camp to observe lawful processes in expropriating the farmers’ lots rather than resorting to “bullying” and “intimidation.” The provincial government of Camarines Sur has sued the said farmers for resisting the expropriations.
The farmers are complaining that their lands are being bought for pittance amount.
The court said the expropriation process should have been the jurisdiction of Office of the Solicitor General and not the provincial government of Camarines Sur.
“It has been ruled that the fact that the complaint was filed by one who is not a real party-in-interest renders the complaint susceptible to dismissal for lack of causes of action,” the trial court said.
“Although the court’s attention has been called to the fact that lower courts are precluded from issuing injunctions against national government projects, it nevertheless appears that the plaintiff [Camarines Sur provincial government] is not the real party in interest in this case,” it added.
“The expropriation of lands should be done in a legal manner and with just compensation for the farmers,” Andaya said. “But instead, they resorted to threats and intimidation to drive these farmers out.”