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Wednesday, May 31, 2006
Recall, ‘sanitized’ land ownership certificates agrarian reform told
TO PREVENT more killings and ease tension in Hacienda Cambuktot, Barangay Mansalanao in La Castellana town, Police Regional Office (PRO) 6 Director Doroteo Reyes II asked the Department of Agrarian Reform (DAR) to recall the Certificates of Land Ownership Awards (Cloas) of more than 30 farmer-beneficiaries (FBs).
This, after DAR-Negros Occidental officials, in a conference Tuesday, admitted to committing "minor" lapses in the installation of FBs in Cambuktot by cutting short the usual process.
Reyes held a conference with DAR, Task Force Mapalad (TFM), Bukluran ng Mangagawang Pilipino (BMP) at the Governor's Office to tackle the growing tension in the hacienda.
As to the contested 50 hectares of standing sugarcane crops being claimed by both the Gustilos and the FBs belonging to the TFM and BMP, Reyes ordered a status quo and encouraged both parties to go to court to settle the issue.
This, as Harlan Tugot, DAR special agrarian reform provincial officer, confided that they haven't yet made any survey nor land valuation on the foreclosed property of the Gustilos that has become the subject of land dispute.
But Tugot explained that it's not too late yet, as DAR is willing to correct these minor lapses.
He also assured that DAR will do all the recommendations raised during the conference and have the results in two months' time.
He said they will just have to wait for the final order from DAR 6 Director Alexis Arsenal for them to submit the order for the inclusion-exclusion proceedings to the Provincial Agrarian Reform Adjudication Board for finality of the decision.
The 100-hectare Hacienda Cambuktot, owned by Farley Gustilo, has been foreclosed by the Republic Planter's Bank.
In 1991, the property was then placed under the coverage of the Comprehensive Agrarian Reform Program (Carp).
The Gustilos however filed an injunction before the La Carlota City Regional Trial Court (RTC) as the Land Bank of the Philippines (LBP) reportedly has not yet paid them for the property nor issued a trust deposit, despite that the hacienda is a foreclosed property.
In the meantime, the Gustilos agreed that the FBs be given a portion of the land for them to till.
A memorandum of understanding (MOU) between the Gustilos and the FBs was then signed on July 26, 2005. The MOU stated that the FBs will be given 17.3 hectares within the property.
Last February 1, the Supreme Court (SC) issued an order stripping all the regional trial courts of the power to handle injunction cases.
With the SC order, DAR, led by Provincial Agrarian Reform Officer (Paro) II Felicidad Bañares, made the ceremonial installation of farmers, in effect disregarding the MOU.
DAR also unilaterally expanded the FBs' area of cultivation from 17.03 to 50 hectares, prompting the FBs to claim the standing crops of the Gustilos.
As both sides are now claiming the same crops, tension escalated and reached boiling point with the death of FB Mario Domingo, also an TFM leader, on May 15.
TFM and other militant groups are now claiming that Domingo was shot by Gustilos' men. The Gustilos, in return, denied any involvement.
Meanwhile, the Criminal Investigation and Detection Group (CIDG) in Negros Occidental, tasked to look into the case, admitted that they are still investigating the shooting.
"No results yet," CIDG field office head Insp. Ramon Falales said.
Reyes stressed that in this case, the only group that can come up with a tangible solution is DAR.
"DAR should make a survey now, do a land valuation," he said.
He also asked the bank to pay the Gustilos, and for DAR to recall the CLOAs.
The Cloas must then be sanitized and another inclusion-exclusion proceedings be done. Later, DAR must declare who are the qualified FBs and their corresponding lot area in the hacienda, he said.
"If everything will be observed, then there's no more problem as the Gustilos have already signified that they're willing to vacate the hacienda as long as they will be paid, given the chance to harvest their standing crop and recommend the authentic FBs to be installed in their hacienda," Reyes also said.
Reyes also instructed the 6th Regional Mobile Group assigned in Cambuktot to remain neutral. He also ordered them to disband any barricade put up in a public road in the area. (EASD)
(May 31, 2006 issue)
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