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Friday, December 13, 2002
Court orders CLOAs in Cuenca land cancelled
By Avelyn Z. Agudon
THE Regional Trial Court of La Carlota City ordered the cancellation of the Certificates of Land Ownership Award issued to the Department of Agrarian Reform in a property owned by businessman Roberto Cuenca in Hacienda Velez-Malaga in La Castellana.
In his order dated Dec. 5, Acting Presiding Judge Reynaldo Alon of RTC Branch 63, declared null and void CLOA No. 10066 awarded to 122 farmer beneficiaries of Task Force Mapalad.
The TFM farmer beneficiaries were installed only last Nov. 9.
The court said Nelda Salmorin, La Castellana agrarian reform officer; Celia Barreto, LBP’s representative; and Alexis Arsenal, Dar regional director, failed to comply with the Writ of Preliminary Injunction and status quo order dated Oct. 17, 1996 and instead proceeded to implement the Notice of Coverage for the 144-hectare agricultural land of Cuenca, the complainant in the civil case.
DAR deposited P22.5 million to Land Bank of the Philippines for the land following the issuance of a Writ of Preliminary Injunction by Judge Alfonso Combong Jr., former RTC - La Carlota City presiding judge, last Jan. 4.
“It is elementary in this jurisdiction that parties to a case are bound to comply with all writs and processes issued by this court,” Alon said.
Alon, however, dismissed Cuenca’s motion to show cause and cite for contempt Salmiron, Barreto and Arsenal, for lack of merit.
During the installation last month, a cameraman of a television network was injured after he was mauled while taking footages.
He was reportedly beaten by 20 guards and farmers who support the landowner.
The farmers, who belong to the Malaga - Cuenca Independent Workers Union, claim they are the rightful beneficiaries of the land.
Following the court’s decision, troopers of the Provincial Mobile Group and the Philippine Army were deployed in the area to diffuse the tension between the TFM farmer beneficiaries and CIWU members. AZA
(December 13, 2002 issue)
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