AN AGRARIAN official has issued both complainants and defendants on the Arao property controversy to submit their memorandum within 10 days regarding the loan issue.
The said memorandum would justify their position in the issue of P250-million loan entered by the City Government with the Philippine Veterans Bank (PVB).
Said loan is intended by the City Government for the purchase of the Arao property, which the city will use as a relocation site.
Provincial Agrarian Reform Adjudicator Isagani Cuello of Department of Agrarian Reform Adjudication Board (Darab) said since the complainants failed to present their evidences to support their claims, actually asking for the declaration of nullify of sale and injunction with prayer for temporary restraining order and writ of preliminary injunction, lawyer Leon Moya agreed to submit a memorandum within 10 days in support of their application.
"Same as the defendants who agreed to submit their memorandum in opposition for the prayer in the issuance of the TRO" said Moya.
The complainants include Elsie Guanco, spouses Alan Cuyos and Ma. Fe Cuyos, Alteo Perez and Antonio Perez, Jr.
They filed a case before Darab for the declaration of nullify of sale and injunction with prayer for TRO and writ of preliminary injunction against owners of Arao properties who include Nellie Antigua, Romanita Andal, Lynette Punzalan, Sonia Arao, Anelie Arao, Elisieta Arao, Aniano Arao Jr., Eugenio Arao, Sophie Nguyen, and Eva Gumtang.
The City of Bacolod, PVB, and the Register of Deeds of Bacolod City have also been included in a case filed with Darab case.
Cuello added that another two complainants also filed a motion for interventions they were Romy De Pedro and Porfelio Belarmino.
Meanwhile, the City Government filed a motion to dismiss the said case.
City Legal Officer lawyer Joselito Bayatan said they filed a motion to dismiss, which there's a lack of jurisdiction by the Darab in the instant case, the complainants are not real parties in interest thus the instant case shall be dismissed for failure to state a cause of action.
He said the complaints couldn't establish their actual right or interest in the instant case whereby restraining order or injunction is not obtaining.
He added that the subject lands while covered in the deed of sale alleged in the second and third causes of action in the complaint are for housing project, that is, infrastructure, project of the City of Bacolod, "thus cannot be enjoined by a restraining order, preliminary injunction, or preliminary mandatory injunction pursuant to Presidential Decree 1818 and applicable jurisprudence.
The hearing was attended be the complainants lawyer Julious Entila, representing the Arao property owners, lawyer Red Valmores, of PVB, and Secretary to the Mayor lawyer Vicente Petierre III. (Merlinda A. Pedrosa)