PROVINCIAL Agrarian Reform Adjudicator, Isagani Cuello, has dismissed the case for the issuance of the ancillary remedy of restraining order and/or writ of preliminary injunction against the Arao property owners.
It can be recalled that complainants Elsie Guanco, spouses Alan Cuyos and Ma. Fe Cuyos, Alteo Perez and Antonio Perez, Jr. filed a case before the office of the Department of Agrarian Reform Adjudication Board (Darab).
That was for the declaration of nullifying of sale 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.
Darab’s order dated March 5, 2010, states that “the motions to dismiss complaint filed by defendants on the grounds of lack of jurisdiction and failure to state a cause of action of the complainants are hereby granted.”
City Legal Officer lawyer Joselito Bayatan said Thursday it only shows that the Arao property relocation site has been proven to be non-agricultural and much less non-agrarian.
Bayatan noted that in 1977, the City Council approved in principle the draft of the comprehensive town plan for the Bacolod City as required by the National Coordinating Council.
Darab also denied the motion for reconsideration filed by the complainants for the issuance of temporary restraining order.