CAGAYAN DE ORO CITY, March 17, 2011—The victims of the illegal enforcement of a demolition order by the Department of Agrarian Reform Adjudication Board (DARAB) have filed criminal complaints before the Provincial Prosecutor’s Office against those who illegally enforced the order despite knowing full well that the DARAB has not yet issued a writ of execution.
In a 38-page complaint (including annexes), couple Fernando “Datu Dalangpanan” G. Bermoy, 63, and Leona T. Bermoy, 57, accused lawyer Florencio Narido Jr. Beverly Domo, and 23 others of arson, robbery, illegal
detention, illegal demolition, grave coercion and malicious mischief before Assistant Provincial Prosecutor Gerald Cecilio Paclar Roa.
The couple also demanded a total of P1.130 million in damages (P800,000 estimated cost of properties destroyed and P330,000 estimated cost of stolen items).
Included in the complaint are the manager or president of the Dasia Security Agency and 10 of its security guards, who allegedly conspired with Narido and Domo in harassing, intimidating, threatening and coercing the Bermoys into leaving the 111-hectare land so that the faction of Narido and Domo will be free to take control of the land and sell it.
Datu Dalangpanan Bermoy is the former chairperson of the Palalan CARP Farmers Multi-purpose Cooperative (PCFMPC) while his wife, Leona, is presently a member of the PCFMPC’s Election Committee.
In their complaint, the Bermoy’s alleged that at 9:45 a.m. on January 15, 2011, Narido with fully armed Dasia security guards and several men, “uttered intimidating and threatening words and while vigorously entering our premises.” Narido also allegedly asked in a very loud voice: “Naa si Bermoy diha? Unsa man inyo gusto, kagubot o kalinaw? (Is Bermoy around? What do you want, trouble or peace?).”
The threat was allegedly repeated on Feb. 20 at 4:00 p.m. when a group of armed Dasia security guards and unidentified men known to be supporters of Domo pointed their firearms at the Bermoys’ house and threatened to shoot them if they will not leave the place.
“Kung dili mo mohawa, mapugos mi pagpatay ninyo kay sugo ni ni Attorney Narido!(If you will not leave, we will be forced to kill you as this is the order of Attorney Narido),” the Bermoy quoted what the armed men shouted at them on that day.
On February 12, 2011, at around 10:00 a.m., three unidentified men forcibly entered the Bermoy’s lot and set the couple’s mango trees on fire. The three men, according to witness Eduardo N. Gaabucayan, were Ronnie Cammannong, Pableo Jabunan and Wiljun Dabatian.
The Bermoys also alleged that almost everyday, since February 12, Narido, Domo or their henchmen together with Dasia security guards armed with AK47 rifles harassed and threatened them, destroyed their properties, harvested their crops and stole their valuables, livestock and cattle.
Starting on February 15, Narido’s group illegal enforced the January 17 order of Provincial Agrarian Reform Adjudicator Charlito A. Sabuga-a even without a writ of execution.
The January 17 ruling ordered Bermoy and PCFMPC chairperson Andrew Donggay to “demolish whatever structure they introduced in the subject area at their own expense, otherwise, a writ of demolition will be issued.”
Because of these, the couple “suffered undue injuries, extreme fear, moral and actual damages since all our properties including our residential house, crops, poultry and working animals, documents, other
belongings, etc. were stolen, robbed, destroyed and taken over by the group of Atty. Florencio Narido Jr. and Beverly Domo by force with the direct participation of armed Dasia security guards and their cohorts in conspiracy
with each other in the commission of crimes, without any Court Order, without the presence of a sheriff and without due process.”
Last March 3, 2011, Sabuga-a ordered the restoration of the “last actual, peaceful and uncontested status” of the 111-hectare estate DAR awarded to the PCFMPC on September 8, 1992 through a Certificate of Land Ownership Award (CLOA).
“A Status Quo order is hereby issued ordering the complainant (Domo, Narido) and any individual acting pursuant to or under her command, not to harass and disturb the respondents (Bermoy, Donggay) 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 (Bermoy, Donggay) 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.
Sabuga-a also reminded Domo and Narido 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.
He also reprimanded the Domo and Narido 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 stressed.
(Bong D. Fabe)
Showing posts with label PCFMPC. Show all posts
Showing posts with label PCFMPC. Show all posts
Monday, July 4, 2011
DAR issues ‘status quo’ order over contested CARP land
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)
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)
Tuesday, June 28, 2011
SPECIAL REPORT: DAR intervention urged to ease tension in disputed CARP land after 3 farmers went missing
CAGAYAN DE ORO CITY, March 3, 2011—A group of Comprehensive Agrarian Reform Program (CARP)
beneficiaries are urging the intervention of the Department of Agrarian Reform (DAR) to ease the tension in the disputed 111-hectare estate after the forcible and “illegal” enforcement of a Department of Agrarian Reform Adjudication Board (DARAB) order to demolish structures in the land resulted to three agrarian reform beneficiaries (ARBs) going missing.
The Palalan CARP Farmers Multi-purpose Cooperative (PCFMPC), headed by Andrew Donggay and Fernando “Datu Dalangpanan” Bermoy, said DAR’s intervention will ease the tension in the estate located just at the back of the Lumbia Airport. Bermoy, a Higaonon, is leader of the Lumbia Tribal Association, a member of the PCFMPC.
The three farmer-ARBs, sons of 50-year-old Sansin Manatad, were reported missing on February 19 up to the present after the Lino Sajol and lawyer Elmer dela Rosa (Sajol-Dela Rosa) faction of the PCFMPC, together with armed men, forcibly entered the estate and demolished the structures there and manhandled some of the members of the Donggay-Bermoy faction of the PCFMPC.
Manatad said he thought his sons Risan, 27; Juniper, 25; and Marjun, 23, only went to take refuge at their mother’s in Barangay Gango, Libona, Bukidnon but found out later that they never went there.
The three decided to leave the estate for fear of their lives because of the presence of the armed men, despite his objections, said Manatad.
Manatad had already reported the incident to the Carmen Police Station here.
Root cause of tension:
The tension started when different factions of the PCFMPC wanted to sell the estate because of the high valuation of the land. The estate is located in sitio Palalan, Barangay Lumbia, Cagayan de Oro City where just at the back of the Lumbia Airport where agriculture, settlement and commercial lands are located.
What motivated these factions to sell the land was their fear of losing the case filed by the Philippine Veterans Bank (PVB) before the Regional Trial Court and DARAB in Misamis Oriental in 1995 to cancel the Certificate of Land Ownership Award (CLOA), which the DAR granted to the agrarian ARBs on September 8, 1992. The PVB was the original owner of the estate.
Members of this faction led by Sajol waived their rights to lawyer Dela Rosa for some monetary consideration. The Sajol-Dela Rosa faction then sold the estate to Diana Biron, wife of Iloilo Rep. Ferjenel Biron, for P30 million on August 7, 2009.
Thirteen years (13) later or in 2008, RTC Branch 41 in Cagayan de Oro dismissed the PVB case. The DARAB in Misamis Oriental also dismissed the PVB case to cancel the CLOA.
Then PCFMPC chairperson Beverly Domo’s faction in the PCFMPC was not in favor of the move of some ARBs to waive their rights, so she filed a case before the RTC Branch 24 in Cagayan de Oro for an injunction on the waiving of rights in favor of the Sajol-Dela Rosa group over the estate.
While the case is still pending before RTC 24, Domo’s group together with their lawyer Florencio Narido Jr. (Domo-Narido faction) later on 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.
Because of this, Domo was stripped of her chairmanship of PCFMPC in January 2010. She was subsequently expelled from the cooperative during the general assembly on March 27, 2010. Donggay was elected chairperson to replace Domo.
The Cooperative Development Authority in Northern Mindanao (CDA-10) acknowledged Donggay as the duly elected chair of the PCFMPC.
Although they already were granted a CLOA over the estate, the ARBs who are members of the PCFMPC have no individual titles to the land as the estate has not yet been subdivided among them. However, there is already a parcellary plan assigning lots to the 67 original ARBs.
Donggay, while not an original ARB, obtained rights to the estate after several other ARBs sold their rights to him.
Learning of this, Domo filed a case before DARAB-MisOr to annul this sale of their rights to Donggay, while the Donggay-Bermoy faction also filed a case of annulment of the sale of the estate by the Sajol-Dela Rosa
faction to Biron before RTC Branch 17.
Last January 17, DARAB-MisOr ruled in favor of the Domo-Narido faction. Adjudicator Charlito 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.
Illegal demolition:
But last February 15, the Domo-Narido faction, with some armed men, forcibly entered the estate, demolished the structures of the Donggay-Bermoy faction there and drove the occupants away on the strength of the DARAB order.
But the DARAB ruling of January 17 did not include a writ of demolition.
Narido, however, said the DARAB order became self-executory after the lapse of the reglamentary period for the filing of the Motion for Reconsideration.
“Even in their haste to get lucrative deals over the land, the Narido-Domo group should observe the rule of law and respect that the DARAB order is not self-executory and that status quo should be observed while our
meritorious motion for reconsideration is being tackled,” said lawyer Ilya Kristin Ravanera, legal counsel of the Donggay-Bermoy group.
“It is clear that in order to execute the decision of the Darab, a writ of demolition has to be issued first,” she added.
But the Donggay-Bermoy group expressed fear over the ongoing conflict over the land following the forcible entry of the Domo-Narido group and its armed men. Thus, they called on the DAR to intervene and ease the tension now prevailing there.
Leaders of the Domo-Narido faction, however, said they have nothing to do with the three missing ARBs.
TRO:
Last Wednesday (March 2), the RTC Branch 17 issued a temporary restraining order in favor of the Donggay-Bermoy faction against the Domo-Narido faction as well as the Sajol-Dela Rosa faction.
Judge Florencia Sealana-Abbu said that the harassment suffered by the members of the Donggay-Bermoy faction at the hands of the armed men of the Domo-Narido faction is material invasion of the rights of the complainants.
“The continuing acts of the respondent (defendant) Domo in intimidating or committing acts of harassment against the members of the cooperative is material invasion of their rights while the case of annulment of sale is pending before this Court,” Abbu said in her two-page decision promulgated on March 1.
“Wherefore, a Temporary Restraining Order is hereby issued commanding and/or enjoining respondent Beverly Domo or any person acting for and in her behalf to cease and desist from performing any act that will tantamount to harassment against members of the cooperative with the end in view of compelling them to sell their property or to be driven out from the CARP-awarded piece of land,” she added.
The TRO stemmed from the urgent motion of the Donggay-Bermoy faction for the court to restrain Domo, Dela Rosa and Biron from intimidating and harassing the PCFMPC members who opposed to the sale.
Development?
Last November, Bermoy showcased the PCFMPC’s “Farm for Peace,” an organic agriculture model farm that generates an estimated income of P15,000 a month from the produce of a 2,500 square meter lot within the farm.
He told reporters then that their farm proved that even small farmers like them can help institute peace by being very productive. “If farmers are productive and have food on their table, there will be peace,” he explained.
During that time, PCFMPC’s purely organic “Farm for Peace” grew 36 kinds of vegetables and 50 different herbs. They also have a Robusta coffee nursery that supply planting materials for Nestle’s coffee farms, and a 40-hectare mango orchard and some cashew trees.
Bermoy’s group, produced their own organic fertilizer, had proven then that PCFMPC’s “Farm for Peace” is very financially viable.
But lately, Bermoy, an expert agricultural technician, said that the conflict over the PCFMPC’s 111-hectate estate caused by some members of the cooperative who formed their own factions will put all their hard work to make the farm self-sustaining and financially viable to waste.
The Higaonon ARB leader was referring to the Domo-Narido faction as well as to the Sajol-Dela Rosa faction who sold the estate for development purposes.
Lawyer Narido explained that his faction decided to sell the estate so that investors will develop the land because as an agricultural land, it has not seen any development since it was awarded to the PCFMPC.
But the Donggay-Bermoy faction accused the Domo-Narido faction of “greed” as the main motive in the sale of the land by the Domo-Narido faction. (Bong D. Fabe)
beneficiaries are urging the intervention of the Department of Agrarian Reform (DAR) to ease the tension in the disputed 111-hectare estate after the forcible and “illegal” enforcement of a Department of Agrarian Reform Adjudication Board (DARAB) order to demolish structures in the land resulted to three agrarian reform beneficiaries (ARBs) going missing.
The Palalan CARP Farmers Multi-purpose Cooperative (PCFMPC), headed by Andrew Donggay and Fernando “Datu Dalangpanan” Bermoy, said DAR’s intervention will ease the tension in the estate located just at the back of the Lumbia Airport. Bermoy, a Higaonon, is leader of the Lumbia Tribal Association, a member of the PCFMPC.
The three farmer-ARBs, sons of 50-year-old Sansin Manatad, were reported missing on February 19 up to the present after the Lino Sajol and lawyer Elmer dela Rosa (Sajol-Dela Rosa) faction of the PCFMPC, together with armed men, forcibly entered the estate and demolished the structures there and manhandled some of the members of the Donggay-Bermoy faction of the PCFMPC.
Manatad said he thought his sons Risan, 27; Juniper, 25; and Marjun, 23, only went to take refuge at their mother’s in Barangay Gango, Libona, Bukidnon but found out later that they never went there.
The three decided to leave the estate for fear of their lives because of the presence of the armed men, despite his objections, said Manatad.
Manatad had already reported the incident to the Carmen Police Station here.
Root cause of tension:
The tension started when different factions of the PCFMPC wanted to sell the estate because of the high valuation of the land. The estate is located in sitio Palalan, Barangay Lumbia, Cagayan de Oro City where just at the back of the Lumbia Airport where agriculture, settlement and commercial lands are located.
What motivated these factions to sell the land was their fear of losing the case filed by the Philippine Veterans Bank (PVB) before the Regional Trial Court and DARAB in Misamis Oriental in 1995 to cancel the Certificate of Land Ownership Award (CLOA), which the DAR granted to the agrarian ARBs on September 8, 1992. The PVB was the original owner of the estate.
Members of this faction led by Sajol waived their rights to lawyer Dela Rosa for some monetary consideration. The Sajol-Dela Rosa faction then sold the estate to Diana Biron, wife of Iloilo Rep. Ferjenel Biron, for P30 million on August 7, 2009.
Thirteen years (13) later or in 2008, RTC Branch 41 in Cagayan de Oro dismissed the PVB case. The DARAB in Misamis Oriental also dismissed the PVB case to cancel the CLOA.
Then PCFMPC chairperson Beverly Domo’s faction in the PCFMPC was not in favor of the move of some ARBs to waive their rights, so she filed a case before the RTC Branch 24 in Cagayan de Oro for an injunction on the waiving of rights in favor of the Sajol-Dela Rosa group over the estate.
While the case is still pending before RTC 24, Domo’s group together with their lawyer Florencio Narido Jr. (Domo-Narido faction) later on 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.
Because of this, Domo was stripped of her chairmanship of PCFMPC in January 2010. She was subsequently expelled from the cooperative during the general assembly on March 27, 2010. Donggay was elected chairperson to replace Domo.
The Cooperative Development Authority in Northern Mindanao (CDA-10) acknowledged Donggay as the duly elected chair of the PCFMPC.
Although they already were granted a CLOA over the estate, the ARBs who are members of the PCFMPC have no individual titles to the land as the estate has not yet been subdivided among them. However, there is already a parcellary plan assigning lots to the 67 original ARBs.
Donggay, while not an original ARB, obtained rights to the estate after several other ARBs sold their rights to him.
Learning of this, Domo filed a case before DARAB-MisOr to annul this sale of their rights to Donggay, while the Donggay-Bermoy faction also filed a case of annulment of the sale of the estate by the Sajol-Dela Rosa
faction to Biron before RTC Branch 17.
Last January 17, DARAB-MisOr ruled in favor of the Domo-Narido faction. Adjudicator Charlito 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.
Illegal demolition:
But last February 15, the Domo-Narido faction, with some armed men, forcibly entered the estate, demolished the structures of the Donggay-Bermoy faction there and drove the occupants away on the strength of the DARAB order.
But the DARAB ruling of January 17 did not include a writ of demolition.
Narido, however, said the DARAB order became self-executory after the lapse of the reglamentary period for the filing of the Motion for Reconsideration.
“Even in their haste to get lucrative deals over the land, the Narido-Domo group should observe the rule of law and respect that the DARAB order is not self-executory and that status quo should be observed while our
meritorious motion for reconsideration is being tackled,” said lawyer Ilya Kristin Ravanera, legal counsel of the Donggay-Bermoy group.
“It is clear that in order to execute the decision of the Darab, a writ of demolition has to be issued first,” she added.
But the Donggay-Bermoy group expressed fear over the ongoing conflict over the land following the forcible entry of the Domo-Narido group and its armed men. Thus, they called on the DAR to intervene and ease the tension now prevailing there.
Leaders of the Domo-Narido faction, however, said they have nothing to do with the three missing ARBs.
TRO:
Last Wednesday (March 2), the RTC Branch 17 issued a temporary restraining order in favor of the Donggay-Bermoy faction against the Domo-Narido faction as well as the Sajol-Dela Rosa faction.
Judge Florencia Sealana-Abbu said that the harassment suffered by the members of the Donggay-Bermoy faction at the hands of the armed men of the Domo-Narido faction is material invasion of the rights of the complainants.
“The continuing acts of the respondent (defendant) Domo in intimidating or committing acts of harassment against the members of the cooperative is material invasion of their rights while the case of annulment of sale is pending before this Court,” Abbu said in her two-page decision promulgated on March 1.
“Wherefore, a Temporary Restraining Order is hereby issued commanding and/or enjoining respondent Beverly Domo or any person acting for and in her behalf to cease and desist from performing any act that will tantamount to harassment against members of the cooperative with the end in view of compelling them to sell their property or to be driven out from the CARP-awarded piece of land,” she added.
The TRO stemmed from the urgent motion of the Donggay-Bermoy faction for the court to restrain Domo, Dela Rosa and Biron from intimidating and harassing the PCFMPC members who opposed to the sale.
Development?
Last November, Bermoy showcased the PCFMPC’s “Farm for Peace,” an organic agriculture model farm that generates an estimated income of P15,000 a month from the produce of a 2,500 square meter lot within the farm.
He told reporters then that their farm proved that even small farmers like them can help institute peace by being very productive. “If farmers are productive and have food on their table, there will be peace,” he explained.
During that time, PCFMPC’s purely organic “Farm for Peace” grew 36 kinds of vegetables and 50 different herbs. They also have a Robusta coffee nursery that supply planting materials for Nestle’s coffee farms, and a 40-hectare mango orchard and some cashew trees.
Bermoy’s group, produced their own organic fertilizer, had proven then that PCFMPC’s “Farm for Peace” is very financially viable.
But lately, Bermoy, an expert agricultural technician, said that the conflict over the PCFMPC’s 111-hectate estate caused by some members of the cooperative who formed their own factions will put all their hard work to make the farm self-sustaining and financially viable to waste.
The Higaonon ARB leader was referring to the Domo-Narido faction as well as to the Sajol-Dela Rosa faction who sold the estate for development purposes.
Lawyer Narido explained that his faction decided to sell the estate so that investors will develop the land because as an agricultural land, it has not seen any development since it was awarded to the PCFMPC.
But the Donggay-Bermoy faction accused the Domo-Narido faction of “greed” as the main motive in the sale of the land by the Domo-Narido faction. (Bong D. Fabe)
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