SC asked to strike down APECO as illegal

Several groups on Monday asked the Supreme Court to strike down as unconstitutional two laws creating and expanding the Aurora Pacific Economic Zone and Freeport Authority (APECO).

In a petition for certiorari and prohibition, the Pinag-isang Lakas ng Mga Samahan ng Casiguran, Aurora (PIGLASCA) asked the high court to stop—through a temporary restraining order—the implementation of Republic Act 9490 or the Aurora Special Economic Zone Authority Law (ASEZA Law), and the law that amended it, RA 10083 (APECO Law).

The laws were authored by former Sen. Eduardo Engara and his son, incumbent Sen. Juan Eduardo Angara, a former Aurora representative. The two have repeatedly defended the establishment of APECO.

RA 9490 was enacted in June 2007 by then-President Gloria Macapagal-Arroyo and covered 500 hectares of public gricultural lands in three villages in Casiguran town in Aurora. RA 10083, meanwhile, was enacted in April 2010, expanding the ecozone to 12,923 hectares, including three more villages of Casiguran.

"Grossly disadvantageous to the public"

According to the petitioners, the manner of the passage of the two laws, as well as the 'superbody' created under them, was “irregular, excessive, or unconscionable, or grossly disadvantageous to the public which amount to grave abuse of discretion of Congress or the carrying out of legislative power in a manner that is in excess of its jurisdiction."

The petitioners said the laws were violative of the "social justice" provisions of the 1987 Philippine Constitution, which they said is mandated to promote "social justice in all phases of national development on socio-economic, political and cultural inequities."

"A cursory study [however] reveals that there is not a single mention of the rights of local citizens within the area set forth in... RA 9470. The Congress’ committee deliberations for the R.A. No. 10083 likewise show no trace of mention of the rights of citizens affected by the enactment of the law," the petitioners said.

They also claimed that APECO failed an "economic viability assessment" of the National Economic and Development Agency (NEDA).

"NEDA’s Assessment of the Economic Potentials of APEFZ/APECO and Its Catchment Area show indications of the lack of consultation in the enactment of RA 9490 and RA 10083," they said.

PIGLASCA is composed of farm, fisherfolk, and indigenous groups, residing in Casiguran, within APECO. Named respondents were APECO, as well as the Senate as represented by Senate President Franklin Drilon, and the House of Representatives, represented by Speaker Feliciano Belmonte.

Farmers, fishermen

The petitioners said the two laws violated the Constitutional provisions that protect, recognize, and give priority to the rights of landless farmers and "subsistence fishers" or those which petitioners said were "real and actual" fishermen who depend on fishing for subsistence.

They claimed the conversion of agricultural land into an economic zone would result in the loss of means of production and displacement of farmers.

As for the fisherfolk, the petitioners said: "Some of the areas that will be taken by the APECO includes bays and rivers upon which the fisherfolk are dependent for their livelihood."

"[The law] offers the priority to the private investors who have the financial capacity to build the structures specified in the law. In effect, the priority given to the fisherfolk is disregarded. The provision is also broad enough to include foreign investors which can be considered as foreign intrusion," the petition read.

The petitioners also emphasized the absence of a "master plan" when the APECO was created, adding: "The lack of a feasibility study emphasizes the failure to comply with the requirements of the social justice provisions of the Constitution."

They also said due to the powers granted to the ASEZA, local government units in the covered villages and town would experience an "empty constituency."

"A concrete manifestation of the diminished autonomy would be in the power of taxation of the local government unit," they said.

According to the contested laws, merchandise in the APECO “shall not be subject to customs and internal revenue laws and regulations nor to local tax ordinances, any provision of law to the contrary notwithstanding.”

"The APECO law deprives the Municipality of Casiguran and its affected barangays of their local autonomy, and the capacity to decide on affairs other than defense and security matters. This places the ASEZA in the position above the local governments, with the power to overrule exercises of local autonomy done by the province of Aurora," the petitioners said. — Mark Merueñas/KBK, GMA News