LAW ENFORCERS have filed four criminal complaints against a barangay chair who allegedly participated in selling of ancestral domain in Kapatagan, Digos City, Davao del Sur.
Sued was Juanito Morales, 70, who was arrested inside his office at Barangay Kapatagan during an entrapment operation conducted by the agents of National Bureau of Investigation (NBI) 11 on October 14.
Agent Elias Leañio Jr., NBI 11 spokesperson, said among the criminal complaints filed against Morales, also a city councilor being the president of the Liga ng mga Barangay of Digos City, was estafa through falsification of public documents. “Pinapalabas nila na legit Ang transaction because they have documents so that’s estafa through falsification of public documents,” Leañio said.
Leañio said Morales was not the one directly selling the land, but he was allegedly the one processing the documentation for the sale of the properties so that the transactions can be consummated.
“But he’s not the actual owner or seller of the land, there are other land owner selling their lands but the processing of documents is done inside the barangay hall, actually the share of (the suspect) pag malakihan ang bentahan meron siyang 5 percent,” he explained.
Another case was for the violation of the Indigenous Peoples Rights Act, or Republic Act 8371, as no one is allowed to sell ancestral domain areas.
Another case was illegal possession of firearms after three handguns were found in his possession during the incident.
Morales was immediately brought to the Digos City Police Station as Leañio said the barangay official was known for selling parcels of land in the community based on documents that they were able to obtain during the incident after a tribal chieftain of the Tagabawa-Bagobo tribe executed an affidavit.
The affidavit of the tribal chieftain pertaining to the activities of Morales prompted the agency to conduct the raid.
The suspect, the NBI official added, even had a sales agent who was luring land buyers in Kapatagan through social media and another person would act as seller.
In defending himself, Morales told reporters that the land was not sold but the rights of those owning it were transferred to the buyer.
However, Leañio explained that because there was involvement of money, the act was illegal and that most of the parcels being sold are even adjacent to protected areas identified under Republic Act 9237, as these are located in the foothills of Mount Apo.
Under the law, the mountain, located within the municipalities of Magpet, Makilala and Kidapawan City in Cotabato; Bansalan, Sta. Cruz and Digos City in Davao del Sur; and Davao City is a protected area.
