BY ERWIN ‘AMBO’ DELILAN
THE CONFLICT between the Lucio Tan-led Victorias Milling Company, Inc. (VMCI) and Save Purisima Movement (SPM) over the latter’s distillery plant in Manapla town is getting “physical” for about a month now.
SPM members, numbering about 50 of them, has been thronging the street in front the firm’s distillery plant in Barangay Purisima since mid-February. They block trucks of molasses and chant invectives to force VMC management to halt operations amid lots of legal claims.
On Feb. 18, protesters and the town’s cops had a scuffle. Four were arrested for peace’s sake, but were released hours later.
The following day, VMCI filed multiple criminal charges in court against 21 picketers. Charges included illegal assembly, tumultuous disturbance, unlawful utterances, alarms and scandals, serious illegal detention, grave threats, and grave coercion.
SPM members were unfazed though. They still hold a daily picket. They’re more than inspired to further insist on their claim over the land where the distillery plant is located.
Too, police can’t let their guard down.
Fr. Donardo “Dandi” Bermejo, founder of SPM under the umbrella of Works of Mercy Foundation, Inc. (WMFI), stresses Purisimanhons, especially the 105 agrarian reform beneficiaries (ARBs), have the righs to hold a protest since the land being occupied by VMCI’s distillery plant is (already) theirs.
Insists VMCI: Nope! It says it has legal document(s) to disproved SPM’s and the prelate’s claim(s).
BOTH SIDES OF THE COIN
This nearly three-year-old battle between VMC and SPM is getting intense and complicated. Claims here and there puzzle Negrenses and the covering media as well.
Criminal and administrative cases have had been filed before the regular courts, Office of the Ombudsman, Department of Interior and Local Government (DILG) and Office of the President.
But who’s telling the truth? Does SPM employs sophistry or VMC thrives on schadenfreude? Which is which?
Oxford Dictionary (OD) defines sophistry as the use of fallacious arguments, especially with the intention of deceiving, while schadenfreude means pleasure derived by someone from another person’s misfortune. Quite deep and puzzling!
I (still) refuse to subscribe to both yet. However, allow me to present both sides of the coin. Here are some of the fiddly concerns and the corresponding “facts” from both camps:
1. LAND AND TITLE
SPM claims the 106.8413 hectares land area occupied (now) by VMCI’s distillery was (already) covered by Comprehensive Agrarian Reform Program (CARP) in 2012.
Per certification issued (on Nov. 12, 2021) by Teresita Mabunay, officer-in charge of the Provincial Agrarian Reform Office (PARO)-Negros Occidental-1, the contested land covering Lot. Nos. 416, 423 and 315, is still under the name of the Republic of the Philippines with Transfer of Certificate of Title (TCT) No. 091-2014000903.
Also in the certification, she said her office has not received a Memorandum/Order from the Department of Agrarian Reform (DAR) Central Office, Quezon City, for the purpose of the cancellation of TCT No. 091-2014000903.
VMC, on the other hand, presented a copy of a land registration from the Registry of Deeds (ROD)-Negros Occidental signed by its head, Atty. Raymond Danico.
Said land, per ROD documents, had already been issued a new title under the name of VMCI on January 27, 2021with No. (T-1542) 091-2021001134.
2. BALA ISSUE
SPM contends that the decision of the Bureau of Agrarian Reform Legal Assistance (BALA) dated Feb. 20, 2020, exempting the contested land from CARP coverage in favor of VMCI was null and void.
BALA is just an attached bureau of DAR, it said, hence, can’t overturn the previous decision of former DAR Secretary Rafael Mariano, affirming the “CARPability” of the land.
Thus, in August 2019, Mariano ordered the distribution of the land to ARBs.
But VMCI’s legal team didn’t rest. Instead, they exhausted all legal means to contest Mariano’s decision. And they won, per legal documents.
DAR Secretary Bernie Cruz, in an exclusive interview, officially recognized BALA’s legal standing and decision/recommendation. He stressed, “In CARP, it’s not remote that a certain private (land) title be converted to RP title and reverted anew to a private title. It happens so many times already due to legal technicalities.”
With this, Cruz is honoring BALA’s decision over VMC –SPM’s tiff.
3. SEC REGISTRATION
SPM also avers that, until now, VMC Distillery ain’t registered with the Securities and Exchange Commission (SEC).
SEC ‘s justification: No need anymore because under VMCI’s SEC Registration dated July 4, 2013, it was stated in its Amended Article of Incorporation (AAI) that commercial manufacturing of potable alcohol was among the secondary purposes of its sugar mill business.
4. BUSINESS PERMIT
SPM alleges VMCI Distillery has no Business Permit for the current year.
But document(s) obtained from the Business Permits and Licensing Office (BPLO) of Manapla town showed it had been issued such permit on Jan. 27, 2022.
In a statement, VMCI said, “VMC Distillery is compliant with the requirements of LGU’s (local government unit) Business Permit renewal.
5. PUBLIC CONSULTATION
SPM asserts that VMCI failed to conduct public consultation and secure public endorsement from the barangay on the project and continued distillery operations.
Refuted by VMCI, “We conducted a public consultation after a Cadiz City Sangguniang Panlungsod required it.”
“Cadiz eventually issued a Social Acceptability for a project within its jurisdiction. All environmental certificates were forwarded to the barangay for public viewing. Community concerns are being discussed in the Multipartite Monitoring Team every month,” the company statement added.
6. POLLUTION/ DANGER
SPM fears that with several giant tanks erected at VMC Distillery compound, it’s not far that a Beirut-like explosion in Lebanon in 2020 will happen in Purisima, too.
VMCI retorted: “Beirut explosion was ignited by 2,750 tons of Ammonium Nitrate (NA). The distillery has zero NA.”
“At VMC, we take these risks seriously and we heavily invest in equipment and training of our personnel. This VMC compound was established in 1913 and we have not experienced any fire and even remotely close to the Beirut explosion,” it added.
7. POLICE BRUTALITY
SPM claims policemen harassed its member-picketers on Feb. 18, thus, tension ensued.
But Manapla’s top cop, Capt. Jaynick Bermudez, reasoned otherwise: “Ako pa gani ang ginsiku kag gintampuyong sang isa ka babaye nga katapo nila. Diutayan na lang ko matumba sa duta. Maayo lang kay nag-haplak ang lawas ko sa hood sang patrol car.”
“We’re always exercising maximum tolerance. To hold a picket is okay for as long as they’re in a neutral ground, they neither violate peace and order nor harm properties, we will respect them,” he reiterated.
‘BLOODY CLIMAX’
Really, it’s high-time now for an immediate intervention.
DAR, Department of Environment and Natural Resources (DENR), Manapla LGU, among other concerned agencies should move now for a “meaningful dialog” before very thing is too late. In one sitting, I know those “cloudy and leaden concerns” can be thoroughly addressed. Candidness is (just) the key from both sides.
We hate to see a “bloody climax” to this saga. Thus, I fervently believe that a win-win solution is just in the offing if we let cooler minds and legal wisdom prevail. So, no need to offer any “sacrificial lamb”.
Reading an essay of Thomas Vato, a world-renowned author of “Questology”, I can’t help but agree with his perspective, saying that “Inequality may not be fair, but is necessary for progress.” What a nice piece and worth reading for both SPM and VMCI.
Capping this piece, I do pray that a divine intervention may intercede on the matter. Because, it’s glad to see the warring camps meet halfway soonest for a better Manapla and a prosperous Negros./PN
