Agrarian reform beneficiaries installed in Hacienda Bacan

Wednesday, June 29, 2011

PROVINCIAL Agrarian Reform Officer (PARO) Felix Serviedad installed the 68 farmers of the Negros Occidental Federation of Farmers Association associated with Task Force Mapalad at Hacienda Bacan in Barangay Guintubhan, Isabela on Tuesday.

The property was formerly owned by the family of Negros Occidental Rep. Ignacio T. Arroyo (5th district) and currently belongs to Rivulet Agro-Industrial Corporation.

Have something to report? Tell us in text, photos or videos.

The installation was implemented despite the existence of a temporary restraining order (TRO) issued by the Supreme Court, said Roy Rondain, legal counsel of Rivulet.

Rondain stressed that the installation of the said farmer beneficiaries is illegal and that all actions taken by PARO and Department of Agrarian Reform (DAR) officials and the farmer beneficiaries are in violation of the TRO.

He pointed out that, last December 15, 2010, the Supreme Court First Division issued a TRO against the administrator of the Land Registration Authority and the Register of Deeds in Negros Occidental, which took effect as of date of issue and continues to be in effect until further orders from the Court.

As DAR is the intervenor in the case, Rondain said DAR is also bound to follow the order of the Supreme Court.

If DAR is not named in the TRO, it is very clear that not only the Register of Deeds or the Land Registration Authority but all persons acting pursuant to the take-over of Hacienda Bacan under Comprehensive Agrarian Reform law are restrained to take-over the property, he stated.

The TRO covers all actions by all persons concerning the farm and it prohibits the cancellation of Rivulet’s transfer certificate of title (CTC), the issuance of the new CTC in the name of the Republic of the Philippines, the issuance of the Certificate of Land Ownership Awards (CLOAs) and the distribution of the same, he said.

“I can’t understand why DAR has taken over the farm and installed the farmer beneficiaries, majority of whom are not bona fide workers of the farm,” he said.

He added that, regardless of the coverage of the TRO, there is a petition for conversion filed before DAR on Hacienda Bacan.

DAR Central office issued a resolution last week denying the conversion being petitioned by Rivulet and the motion for reconsideration is not yet due until July.

All of a sudden, DAR has taken over the farm and its timing is so bad because it denied the conversion but it suddenly took over the farm, Rondain said. He added DAR hastened everything for reasons unknown to him.

The illegal and invalid installation has only exposed all the actors who perpetrated the take-over liable for contempt by the Supreme Court and for criminal action for graft because they gave unwarranted benefits to a third party.

“I will definitely take action against DAR by filing contempt charges against all responsible actors of DAR who initiated the illegal take-over and criminal action against the same actors who did it in violation of the TRO,” Rondain said.

Moreover, Rep. Arroyo clarified that his family no longer owned the property. DAR had mistaken its ownership, just like it has mistaken the distribution of the CLOAs, he added. “They should undertake more research on this because the Arroyos no longer own the farm.”
“I deny owning the farm. When my father bought this property a long time ago, that’s the time I remember that we owned the property. Ever since then, I used to run the farm and live here. But it was partly sold. I have always been helping the workers but now, I help them in my capacity as congressman of the 5th District,” Rep. Arroyo said.

He further said that he is not against land reform, as long as the government and the property owner come to terms and agree on the cost of the property.

However, the land reform program, according to the solon, must have support services from the national government, considering the fact that farmers could hardly sustain the cultivation of a four hectare property.

“When AFTA comes to full effect in the next couple of years, what will happen to these farmer beneficiaries?” he asked.

Arroyo also underscored the need for government to pay its debts to property owners whose lands were acquired in the implementation of CARP.

On the other hand, Serviedad asserted that the installation was valid and legal. The farmer beneficiaries are now the owners of the land. “We can’t do anything if they will file a case against us. The TRO was not addressed to DAR but to the Register of Deeds and Land Registration Authority,” he said.

Serviedad said there was an instruction from DAR Undersecretary Narciso Nieto to install the farmers immediately. After evaluating the legalities, DAR came up with a decision to install because there was no hindrance to install the farmer beneficiaries, he explained.