DAR delays Ormoc farmers’ installation on agrarian-disputed lands

ORMOC CITY, Leyte, Feb. 12 (PNA) -– The Department of Agrarian Reform (DAR) postponed two scheduled land installations this week, delaying again the turnover of farms to 30 agrarian reform beneficiaries (ARB).

DAR recalled the writ of installation on a 35-hectare land in Valencia village on Feb. 9 and another 30 hectares in Sumangga village the next day.

The basis for the postponement is the case of cancellation of CLOAs (Certificate of Land Ownership and Acquisition) over the lands because of third party claimants. The installations are being opposed by Potenciato & Anecita Larrazabal Enterprises Corp. (PALEC) in Valencia and Tan Landholdings in Sumangga.

“Per verification, such ground for cancellation is so serious such that there can be no certainty that the office will be installing a correct farmer beneficiary (FB), as said issue is determinative of whether the subject landholding has been correctly covered or not. The office finds it sound to resolve first said issue so as to avoid bigger problem,” provincial agrarian reform program officer (PARO) Renato Badilla wrote in both orders.

The FBs were enraged at the repeated failure of DAR to install them on their awarded land.

“We were ready for the installation. We have been here since 8:00 a.m., thinking there will be no hitches,” said Antonio Lazaga, an ARB from Valencia. “ARBs from other villages also came to show their support.”

Kaisahan, an agrarian reform (AR) advocacy group that has been helping ARBs since 1990, expressed its frustration at the new development. “The installation should not be cancelled even if there is an existing case,” Kaisahan’s lawyer Claire Demaisip said.

She pointed out that the existing rules state that “except for the Supreme Court, no court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC (Presidential Agrarian Reform Council), DAR or any of its duly authorized or designated agencies in any case, dispute or controversy arising from, necessary to, or in connection with the application, implementation, enforcement, or interpretation of (the AR laws)."

“In addition, the titles of the farmers have become indefeasible after 16 long years of being CLOA holders,” she adds. “It is confounding to know that DAR seems to treat a mere letter from the former landowners’ legal counsels with equal bearing as a TRO (temporary restraining order) from the Supreme Court,” says Rolly Peoro, also a lawyer of Kaisahan.

The FBs from Valencia and Sumanga have already had several attempts for installation since they received their CLOAs way back in 1996.

All these attempts failed, however, due to resistance of the previous landowners. As of today, FBs in Valencia remain as farm workers of PALEC and are under threat of eviction from their houses located within the disputed land.

DAR representatives said that as much as they wanted to install the farmers, they are not in the position to know such information. “What we can do is appeal and write your position regarding the PARO’s order,” DAR lawyer Kenilma Pen told them. (PNA)
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