BY ERWIN ‘AMBO’ DELILAN
TO CLEAR the issue once and for all, the Department of Agrarian Reform (DAR) Provincial Office in Negros Occidental said Victorias Milling Company (VMC) had won in a land row in Barangay Purisima, Manapla town, Negros Occidental.
So it remains as the rightful owner of the contested 106 hectares of land where its controversial distillery plant is currently located.
Such landholdings covered by land title T-1542, disclosed DAR Provincial Office, had already been exempted from Comprehensive Agrarian Reform Program (CARP) coverage.
The decision in favor of VMC was cemented by a Certificate of Finality (CoF) issued by the Bureau of Agrarian Legal Assistance (BALA) on Feb. 18, 2020. And such was also confirmed by VMC’s Chief Administrative Officer Eva Rodriguez.
“The order in favor of the Company has already attained finality. There’s already a CoF.”
But DAR Provincial Head Teresita Mabunay stressed the 105 identified Agrarian Reform Beneficiaries (ARBs) who were supposed to inherit the land still have their last and final straw – President Rodrigo Duterte.
Mabunay said only President Duterte or the Office of the President (OP) can overturn BALA’s CoF.
CUE BALL
The ARBs, on the other hand, still have their “cue ball”. It’s the President’s Executive Order (EO) No. 75, Series of 2019. Such mandates DAR to complete the land acquisition and distribution of all “CARPable” lands in the country before 2022.
President Duterte admits that his current administration is the “heir” of lots of CARP shortcomings. Thus he “hates” reports that lots of Private Agricultural Lands (PALs) covered by CARP still remain undistributed due to the resistance of land owners.
On March 5, 2021 during his Anti-Communist Road Show in Cagayan de Oro City (CdeO), the President promised to give out to the poor all the remaining “CARPable” lands. He then instructed DAR secretary John Castriciones to distribute all this before his term ends.
“That’s something to leave behind…that’s not my land anyway,” said the President.
DAR, under the Duterte administration, already distributed 160,000 hectares of “CARPable” lands. A total 450,000 hectares remain to be given away.
‘BREATHTAKING’ APPEAL
On the other hand, the ARBs’ letter to Castriciones dated Aug. 2, 2021 was brief but had “breathtaking” appeal. “Sana po ay kami mapakinggan ng inyong tanggapan at mabigyan ng hustisya ang aming hiling.”
They asked Castriciones to disregard the decision of Land Use Committee Division (LUCD) of DAR on Aug. 22, 2019, exempting the area of VMC distillery from CARP Coverage.
On Sept. 25, 2020 Castriciones issued Memorandum Circular No.23, Series of 2020, which mandated the full-swing implementation of CARP.
The Secretary cited Section 16 of the Republic Act (RA) No. 6657, as amended, which says that, “Upon receipt by the landowner of the corresponding payment, or in case of rejection, or no response from the landowner, upon the deposit with an accessible bank designated by the DAR of the compensation in case or in Land Bank of the Philippines (LBP) bonds, the DAR shall take immediate possession of the land and shall request the proper Register of Deeds to issue a Transfer Certificate Title (TCT) in the name of the Republic of the Philippines. Thereafter, the DAR shall proceed with the redistribution of the land to qualified beneficiaries.”
“Moot and academic,” was the candid response of Mabunay. She said they’ve done all that is required by the law.
In fact, LBP already made the payment to VMC for the three land areas covered by the contested property for a total of P24,096,260.02 (both in cash and in bonds). The said amount was deposited on two separate dates – Aug. 30, 2013 (P9,034,133.93) and April 24, 2019 (P15,062,126.09)
What will happen to this payment?
Mabunay said it shall be reverted to the government.
LITANY OF FALSE HOPE
Mabunay’s pronouncement, meanwhile, can be likened to a “sword” that could pierce ARBs’ hearts.
DAR people should have explained this to the ARBs vis-à-vis long before they gave hope or before they went up against the giant VMC. Or checked and verified all necessary documents to certain the status of the landholdings they’ll include in the CARP coverage.
In the case of VMC distillery area in Purisima, per record from the town’s Municipal Planning and Development Office (MPDO) of Manapla, its land conversion from agricultural to industrial took effect in 1979 (yet). It’s impossible for DAR people not to know this.
Thus, pursuing the coverage and take over and enrolling the qualified ARBs were somehow a “futile exercise”.
The poor ARBs really, really hoped to have their land to be called “theirs” as “precious gifts” for themselves after decades of hardships and sacrifices. They waited years and trusted the government or the DAR. Lo and behold, they ended up as victims of “litany of false hope”. Or as if they’re allowed to “pedal to sauerknaut”. Unimaginable!
In our local parlance: “Pinasalig sa wala”.
Or this is simply letting the ARBs to dance “Tinikling” in the tune of “Macarena”. So throbbing, indeed!
SARCASTIC TRUTH
Mabunay, however, said they’d done their job already, and tried their best, too, to explain to the ARBs the outcome of the dispute. And since majority of the ARBs didn’t receive CoF from BALA yet, Mabunay said they can still go to Malacañang and file their Notice of Appeal.
“That’s the best thing they can do.”
Is that so?
What a “vile” reality that may cause the ARBs to “emit smoke from seven orifices”. Yes, President Duterte is the “last straw”, but DAR should take into consideration that going to Malacañang and filing an appeal are quite tedious. Fund lack, of course, hinders them.
But Task Force Kasanag (TFK)-Negros Occidental Chapter is determined to bail ARBs from this “sarcastic truth”.
TFK head John Chiong promised to bring this case direct to the President.
But the clock is ticking. President Duterte has only 11 months in office. Anything Chiong will be doing is tantamount to “racing against time”. But as they say, miracle happens.
Yes, who knows?
Because in Matthew 5:1-12 and 26:11, Jesus says, “Blessed are you who are poor, but woe to you who are rich.”/PN
