Displaced Libertad locals refuse to sign ‘blank’ USUFRUCT Agreement

Around 321 families affected by the construction of 540-megawatt coal-fired power plant in Brgy. Libertda, Kauswagan, LdN are relocated. The rest rest of the relocation houses are still being built to accommodate the displaced families.  

LANAO DEL NORTE. “This is politicking in the part of the LGU of Kauswagan” said 1st District Board Member Moamar Jack Maruhom when he gave his comment on the ‘blank’ USUFRUCT Agreement presented by the displaced residents of barangay Libertad, Kauswagan, LDN during the May 18 regular session of the Sangguniang Panlalawigan.

In a statement read by Sally Pimentel, a displaced resident of said barangay, an LGU representative came over at the unfurnished relocation site provided to them by GNPower Ltd Co. earlier this month and convinced them to sign a ‘blank’ Usufruct agreement with unspecified details of the conditions.

In Article 562 of the Civil Code of the Philippines, Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. 

A more intriguing insight of the Usufruct agreement was furthered by BM Maruhon when he asked about the owner of the land to where the relocation site was built. Undoubtedly the residents answered that the land is being currently owned by GNPower Ltd. Co., the company responsible for the construction of the 540 MW coal-fired power plant allegedly used to supply the electricity power crisis in Mindanao. 

However, it was found out that the obtained ‘blank’ USUFRUCT Agreement was already affixed with Kauswagan Mayor Rommel Arnado’s signature. It would only mean that the land and the relocation site are both owned by the LGU of Kauswagan, LDN not by GNPower Ltd. Co. Once the residents sign the Usufruct Agreement they can be uprooted anytime by the LGU should they violate any of the conditions – something that they dreadfully fear will happen. In the end, the residents will not be entitled a parcel of land.

Copy of the deed of perpetual usufruct distributed to the relocated families for their signature.

In another read statement, Kauswagan Mayor Arnado also promised to award them the title of the land but up until now the promise remains adrift. 

“We only transferred to the relocation site because we were threatened that they will award the land title to another if we refuse to be relocated even when the site is still unfinished”, reads Pimentel of Purok 6, Brgy, Libertad.

According to the residents, the relocation site is far from being finished up until now. Doors and doorknobs are missing; the roads not concrete; no multi-purpose gym, health center and new barangay hall. Additionally, no disturbance fee was given to them for the damages done to their houses and livelihood.

“We will do our best to help you as lawyers and board members of the First District [of Kauswagan, LDN] so GNPower Ltd. Co. can finally give you justice”, promised 1st District Board Member Atty. Mac Dibaratun.

After the session, the residents rode back to Kauswagan with high hopes now that the Sangguniang Panlalawigan of Lanao del Norte heard their pleas and won their sympathy. 
Their battle continues.

By: PrinsipeTibak 

CoRe Movement

***the story of coal-resistance of residents in Kauswagan is a story in progress.