DAR chief charged anew over Negros farmers' installation

After being declared persona non grata for last month’s messy installation of farmers in a disputed hacienda, Agrarian Reform Secretary Nasser Pangandaman got another whammy, this time from the owner of the disputed land. Sun-Star Bacolod (www.sunstar.com.ph) reported that landowner Roberto Cuenca filed contempt charges before the Supreme Court against Pangandaman for the tension-marred incident. Charged along with Pangandaman were police and military forces who pushed the installation of 57 farmer-members of Task Force Mapalad (TFM) in Hacienda Velez-Malaga last March 22. Lawyer Mario Diaz, Cuenca’s counsel, said his client is seeking a relief from the High Court to cite in contempt for installing the 57 farmers despite a pending Supreme Court case. Also cited in contempt were Undersecretaries Narciso Nieto and Jeffrey Galan; agrarian officers Alexis Arsenal and Stephen Leonidas; Chief Supt. Reynaldo Rafal; PNP 6th Regional Mobile Group commander Senior Superintendent Pedro Merced; 11th Infantry Battalion Commander Lt. Col. Jesus Manangquil; and town police director Superintendent Regidor Alvarado. "Pangandaman’s action was (a) disrespect to the Supreme Court," Diaz stressed, adding that the DAR official should have waited for the resolution of the case before the installation. He added this negates the pronouncements of Pangandaman that there were no legal impediments that prevent DAR from installing the 122 farmers in the 114-hectare sugarlands. Diaz said the Supreme Court, in its en banc resolution last March 15, ordered Arsenal and intervenor Task Force Mapalad to submit their comments on the pending petition filed by Cuenca. "While DAR has consistently insisted that it is no longer involved in the case, the agency is still a party because it was the original petitioner while TFM was the intervenor," Diaz added. It was the third whammy to hit Pangandaman over the installation, where police and military troops "cleared" the area last March 22 for the installation ceremony. On March 22, Pangandaman installed 57 Task Force Mapalad (TFM) farmers in Hacienda Velez-Malaga in La Castellana town but did not consult Mayor Enrico Elumba and Governor Joseph Marañon. Because of this, 29 of 32 mayors of Negros Occidental declared Pangandaman "persona non grata." Gov. Marañon and Mayor Elumba are also eyeing charges against Pangandaman for his "arbitrary" actions. Radio dzBB reported earlier that Marañon ordered his chief of staff to prepare charges against Pangandaman, but it did not say what charges will be filed. A unit from Philippine National Police (PNP) Regional Mobile Group barricaded the bridge leading to Hacienda Velez-Malaga in La Castellana town. Even Mayor Elumba and representatives from media organizations were barred from getting near the disputed hacienda, on the orders of RMG head Senior Superintendent Pedro Merced. The case pending before the SC questions the legality of the Malaga Landholdings’ coverage and the constitutionality of Executive Order 405 issued by former President Corazon Aquino. Executive Order No. 405, issued on June 14, 1990, transferred responsibility to the Land Bank of the Philippines determination of land valuation and compensation for all lands covered by the Comprehensive Agrarian Reform Program from DAR. But Cuenca questioned its constitutionality on the ground that the order was issued when Congress was already in session. Diaz said it should have been Congress that issues the order as it refers to a specific provision of an existing law, which was Republic Act 6657 or the Comprehensive Agrarian Reform Law. The case was filed before the Regional Trial Court in La Carlota which ruled in favor of Cuenca resulting to the cancellation of two Certificate Land Ownership Awards and the Certificate of Deposit from Landbank amounting to P22 million, Diaz explained. DAR appealed the lower court’s ruling before the Court of Appeals which, in turn, upheld the decision of RTC Judge Reynaldo Alon. TFM, through counsels Rodolfo Gabasan of the Sentro ng Alternatibong Lingap Panligal and Armando Jaranilla, intervened and brought the case to the Supreme Court where it is still pending for final resolution. Pangandaman, on the other hand, insisted that the CLOA cancellation was illegal, citing a Supreme Court ruling that the RTCs have no jurisdiction over agrarian cases. - GMANews.TV