CAGAYAN DE ORO CITY, March 10, 2011—Acting swiftly on the request of the agrarian reform beneficiaries (ARB) for intervention, the Department of Agrarian Reform Adjudication Board (DARAB) ordered the restoration of peace and order in a hotly-contested land while at the same time castigated some claimants for their “premature” enforcement of a DARAB order that favors their claim.
Adjudicator Charlito A. Sabuga-a of the DARAB-Misamis Oriental ordered the restoration of the “last actual, peaceful and uncontested status” of the 111-hectare estate DAR awarded to the Palalan CARP Farmers Multi-purpose Cooperative (PCFMPC) September 8, 1992 through a Certificate of Land Ownership Award (CLOA).
“A Status Quo order is hereby issued ordering the complainant and any individual acting pursuant to or under her command, not to harass and disturb the respondents over the subject landholdings and directing the
provincial sheriff of DARAB-Province of Misamis Oriental with the assistance of the Philippine National Police (PNP) in the vicinity if deemed necessary to see to it that the respondents are not harassed, disturbed and that their possession over the subject landholding is maintained in the meantime pending finality of the January 17, 2011 decision,” said Sabuga-a in his order dated March 3, 2011.
The order stemmed from a case filed by former PCFMCP chair Beverly Domo and her group against Cerael Donggay, Amado Dalumos and others for the annulment of the sales of the estate, located in Sitio Palalan, Barangay Lumbia this city, to private individuals like current PCFMPC chair Andrew Donggay, who just bought the rights of the original ARBs.
Domo, with her lawyer Florencio Narido Jr. (Domo-Narido faction), also filed a case before the RTC Branch 24 here for an injunction on the ARBs who waived their rights in favor of Donggay, etc.
But while the case was still pending before the courts, the Domo-Narido faction sold the estate to Joseph Tilap of Mt. Carmel Engineering Services for P250 million (at a price of P250 per square meter) in the name of the PCFMPC. This sale, however, has yet to be consummated.
The Donggay-Bermoy faction said Domo “misrepresented” the PCFMPC in selling the estate to Tilap. Thus, during the PCFMPC’s general assembly in January 2010, the ARBs stripped Domo of her chairmanship. Donggay was elected chairperson to replace her. On March 27, 2010, she was expelled from the PCFMPC.
The Cooperative Development Authority in Northern Mindanao (CDA-10) acknowledged Donggay as the duly elected chair of the PCFMPC.
Last January 17, DARAB-MisOr ruled in favor of the Domo-Narido faction in the nullification of sales case they filed against the Donggay-Bermoy faction. Adjudicator Sabuga-a ordered the Donggay-Bermoy faction to “demolish whatever structure they introduced in the subject area at their own expense, otherwise, a writ of demolition will be issued.”
The Donggay-Bermoy faction filed a motion for reconsideration on the same day the ruling was handed down.
But instead of waiting for the finality of the demolition decision, the Domo-Narido faction forcibly and illegally enforced Sabuga-a’s order and with the help of armed security guards from the Dasia Security Agency
demolished the structures there and manhandled some of the members of the Donggay-Bermoy faction.
But in his decision, Sabuga-a reminded complainant Domo that his “decision dated January 17, 2011 is not yet final and executory.”
“Where a motion for reconsideration has not yet been resolved, it is premature to enforce the decision even if it is favorable to herein complainant,” he said.
Sabuga-a also reprimanded the Domo-Narido faction for enforcing the January 17 demolition order despite knowing that no writ of execution has been issued to enforce it.
“Thus, the actions of the complainant, Atty. Narido and their cohorts are patently illegal and absolutely devoid of legal basis. Indeed, they have absolutely no right to put the law into their own hands,” he said. (Bong D.
Fabe)
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