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Friday, May 16, 2003
Domenden denies Beltran's charges
THE Bureau of Fisheries and Aquatic Resources (Bfar) has always been emphatic on its position to implement the fisheries lease agreement (FLA) since the very start of the court proceedings had it not for the judicial order.
Bfar Regional Director Nestor D. Domenden issued this statement in response to the charges of Arturo D. Beltran who said he has been deprived possession, use and enjoyment of the fishpond covered by the FLA since 1999 because of Domenden's refusal to place him in possession of the fishpond.
"In fact, the court records will show that this representation and the office has strongly opposed and questioned the issuance of the temporary restraining order and the attempt to permanently enjoin the implementation of the FLA," said Domenden.
The Bfar regional official, however, said he "was left with no option but to defer, in the meantime, to the orders of the court."
Beltran previously filed criminal and administrative charges before the Ombudsman against Domenden for the alleged refusal of the latter to put the complainant in possession of a fishpond in Alaminos City in Pangasinan.
Beltran's anti-graft and corrupt practices charges was docketed as Omb-L-A-03-0346-D for the administrative case and Omb-C-03-0428-D for the criminal charge.
The plaintiff said Bfar Director Malcolm I. Sarmiento Jr. wrote him on October 6, 1999 that the secretary of the Department of Agriculture had issued FLA No. 4631-A.
But Beltran was unable to take possession at that time because the heirs of Prudencio Legaspi and Victoria de Vera Legaspi were able to secure a TRO from the regional trial court in Alaminos City, which restrained him.
He disclosed, however, that the TRO lapsed without any writ of injunction issued by the court.
In a letter addressed to Sun.Star dated May 11, Domenden said he took steps as early as November 10, 1999 to implement and execute the order on the said FLA dated June 1, 1995 by placing Beltran in possession of the property.
The Bfar regional director said he deputized the police to carry out the order but the efforts were marred by the issuance of a TRO.
He pointed out that the TRO enjoined him, the BFAR and Beltran from taking possession over the fishpond covering an area of 17.7842 hectares, situated in Pandan, Telbang, Alaminos.
The court order directed the parties, including Domenden and Beltran, to maintain the status quo. The order was signed and acquiesced in by Beltran. This was relayed to Sarmiento.
"Subsequently, the proceedings in the aforesaid case took its course and the office of the Solicitor-General was mandated to represent the (BFAR) office in the case," Domenden said.
Beltran, on the other hand, claimed that he appealed to the DA secretary on September 12, 2002 to implement its earlier order placing him in possession of the fishpond.
The DA then directed Domenden to implement the order but Domenden purportedly still cited the TRO as basis for not implementing the DA order.
(May 16, 2003 issue)
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