The first to recommend non-accreditation was the provincial chapter of the Presidential Agrarian Reform Council (PARCOM). The resolution was sent to PARCOM national two years ago. But nothing has happened, pointed out PARCOM local chairman Xenia Tupas during a recent dialogue with provincial officials.
Well, Tuesday night, elements of the Regional Mobile Patrol Group and the Sagay City police raided a cluster of improvised shelters and seized firearms from four Task Force Mapalad members.
Immediately, TFM claimed harassment and claimed that those arrested were already holders of certificates of land transfers.
But mediamen, who had rushed to Sagay City, were told by the arrested members – two of them, Luciano Purisima and Edmund Amapo – that they had been told by Ninfa Canal, local organizer, to go a head and take over the land.
This, despite their claim that their installation had been postponed last April 28 for today.
The point, the two exclaimed, was that they are supposed to start paying the Land Bank the amortization of their awarded lots.
Sagay City Mayor Fortunato Javelosa, however, termed the TFM move illegal. He told newsmen he had been informed by Sagay City Agrarian Reform Officer Zorayda Pinosa that the CLOA had not yet been issued because the management wants the inclusion of 37 more beneficiaries.
But it was also learned that Antonio Lopez, Mulawin Real Estate Corp. manager, had complained about what he dubbed as "unlawful entry by force" into their property last April 9. He sought the help of Mayor Javelosa.
Lopez claimed that the agrarian reform beneficiaries failed to show any document from DAR that authorized them to occupy the area covered by the CARL.
There was the other twist. Javelosa told mediamen that he is officially writing DAR why, if ever, it is authorizing coverage of an area which the city government had officially included as part of the residential area under the zoning ordinance.
"DAR even signed it, endorsing the ordinance and interposing no objections. Strange. Somebody is pulling the legs of people," was how Javelosa put it.
Two other areas contested by Mapalad, he said, are also covered by a similar ordinance. This included the one in Hacienda Bulanon and a nearby area in the city proper.
Roberto Cuenca, whose property is also being occupied by Mapalad members, pointed out that "they did not respect the order by the RTC TRO order plus the subsequent order to DAR to cancel the CLOA.
Subsequently, violence marred the forcible entry by TFM members. They are now the subject of an ejection case, having taken over 10 hectares of prime property despite of Court of Appeals order upholding the RTC decision. This is the subject of an appeal for reconsideration by TFM lawyers.
Despite their claims of harassment by the police and the military, actually it is the landowners who have been complaining that the AFP and the police had often been used as the battering ram against them.
TFM had complained about being obstructed from taking over areas already awarded to their members. But while they raise their voices against the government, they have overlooked the fact that the Danding Cojuangco corporative scheme had long been given the imprimatur by the DAR. The incident in the Benedicto farm in La Carlota legally could not be enforced yet, the DAR not having installed them officially.
The incident involving two groups of claimants in Moises Padilla had the area covered by a usufruct agreement.
In short, to a certain extent, Negros Occidental Gov. Joseph Marañon may have firm bases for advocating the signing of a memorandum of agreement that will include the local government units plus the PNP, AFP and the DAR to assure that the implementation of CARP will be undertaken under a peaceful and orderly process.
The local PARCOM is expected to take up the Sagay issue as soon as they meet again.
Something has to be done fast if the situation is to be salvaged and a peaceful translation of CARP undertaken. With the options provided for by law properly observed and the agrarian reform beneficiaries properly apprised of their rights.
But there was something that caught my attention. Purisima, one of those arrested by the PNP, stressed that they just listen to their organizer, Nilda Canal. And, he admitted to mediamen, that they don’t talk to the MARO. It is only Nilda who tells us what the MARO told her," was the answer from Purisima.
Perhaps, therein lies a major portion for the confusion and confrontations that have marred the local TFM activities.
Originally scheduled last May 4-11, the games were reset after the raid by MILF elements in Maiso and Kolambugan towns in that province.
Lately, the AFP, PNP and the provincial government, headed by Gov. Imelda Dimaporo and husband, Rep. Bobby Dimaporo, assured security for the delegates and a peaceful staging of the games.
Such assurances, however, has not allayed fears for the safety of their participants by regional delegations.
Negros Occidental Gov. Joseph Marañon had already made its decision. It is not sending a delegation because of the prevailing peace and order situation in Mindanao.
Iloilo, too, is not sending a team. Of course, if there are those who wish to take the chance, they may not exceed 100 participants, said Iloilo officials.
A combination of the Severe Acute Respiratory Syndrome (SARS) scare may compromise the games. Most of the Luzon delegates may also have limited time for preparations which had been scrapped because of the Lanao Norte attack. Another possible complication was the latest raid in Siocon, Zamboaga del Norte.
Assurances are not enough. Perceptions are the keys to restore confidence in government assurances of peace and order. And the facts clearly show that anything can happen and local officials are loathe to take the blame if something happens to the young athletes.
And the prognosis is very dim that there will be enough participants in the Tubod meet.