Another group asks SC to void laws creating Aurora ecozone

MANILA, Philippines - A group of Agtas and other residents of Casiguran town in Aurora joined on Monday a bid in the Supreme Court (SC) to nullify laws creating the Aurora Pacific Economic Zone and Free Port (Apeco).

In a 69-page petition, they asked the SC to declare unconstitutional Republic Act 9490 or the Aurora Special Economic Zone Authority (ASEZA) Act of 2007 and its amendatory law, RA 10083 or the Aurora Pacific Economic Zone and Free Port Act of 2010.

They alleged that both laws violate constitutional provisions on social justice, local autonomy, agrarian reform, indigenous peoples, subsistence fisheries and economic viability for a government-owned and controlled corporation.

The petitioners, through lawyers Ray Paolo Santiago and Eirene Aguila, said the assailed laws were railroaded and passed without consultation with the affected communities, approval of the local government, and inputs from the National Economic Development Authority.

“Apeco has appropriated lands given to farmer beneficiaries and has undergone conversion of agricultural lands, resulting in the loss of means of production and displacement of farmers. It has appropriated lands without just compensation for the farmer beneficiaries affected,” they argued.

They submitted to the SC as proof a legal opinion of the Department of Justice saying a portion of Aurora State College inside Apeco was agricultural land.

They further argued that the laws gave Apeco “powers of both the executive and legislative branches of government.”

For instance, they said RA 10083 created a separate customs and taxation territory that can formulate its own tax and customs policies, grant permanent residency to foreigners, incur debts without the consent of the Bangko Sentral ng Pilipinas, and even abolish entire local government units.

They also questioned why Apeco has the power to raise or borrow from local or foreign sources to finance its projects and to abolish local government units.   

The group named the Senate and House of Representatives as respondents in their petition. They were joined by Manila Auxiliary Bishop Broderick Pabillo in filing the petition with the SC.

A similar petition against Apeco was filed in October 2011 by militant groups Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), Anakpawis party-list, and Panlalawigang Alyansa ng mga Magbubukid sa Aurora (Pamana).