Double-whammy for DAR

It was literally a double whammy for the Department of Agrarian Reform last week. This time, it again had the Court of Appeals sustaining the writ of preliminary injunction issued by La Carlota Regional Trial Court Judge Reynaldo Alon over the property of Mario Villanueva Jr. in La Castellana.

This time, however, the CA’s First Division dismissed the appeal by the DAR for the inclusion of the Villanueva family’s property in the agrarian reform program. Villanueva claimed that his family had already ceded their haciendas in Murcia, plus portions more of their property in La Castellana town.

Earlier, the CA’s Third Division had also turned down the appeal by regional DAR director Alexis Arsenal and municipal agrarian reform officer Nilda Salmorin to include the 445-hectare Hacienda Malaga, also in La Castellana, despite a writ and injunction also issued by the La Carlota RTC.

In the Villanueva case, Presiding Justice Cancio C. Garcia, concurred in by Associate Justices Danil B. Pine and Renato Dacudao, ruled that exhaustion of administrative remedies admits the exception as in the case where the very same authorities or officials are the same people who shall decide which of the issues are involved.

The two main issues elevated to the CA were whether or not the court should issue an injunction or dismiss the case for failure of the plaintiffs to exhaust administrative remedies.

In the present case, however, the appellate court ruled that the very officers and authorities could very well delay the determination of the issues and could render ineffective the implementation of CARP to the detriment of the target beneficiaries.

Land Taxes And SEF

One of the little known facts about CARP is that it has depleted the collection of land taxes because the farmer-beneficiaries often could not afford to pay them. Correspondingly, this has reduced the funds for the Special Education Fund (SEF).

Mayors of towns and component cities of Negros Occidental are scheduled to meet this weekend to discuss this issue and determine how best it can be addressed, according to E.B. Magalona Mayor Alfonso Gamboa.

It was actually La Castellana Mayor Enrico Elumba who first presented this problem, although it had long been bruited about by Gov. Joseph Maranon.

The impact is worse for poorer local government units since they have no alternatives as to where to generate funds for schoolbuildings, textbooks, etc.

Gamboa also cited increased pressure on LGUs to provide for the maintenance of farm-to-market roads. Worse, agrarian reform beneficiaries left to their own devices demand that local governments extend them assistance that they used to enjoy from landlords and which they lost with the takeover of the properties.

Whereas, in the case of Negros Occidental, these former farm workers used to enjoy regular pay plus SSS and Medicare coverage, "now they are set adrift." Which means they now look for food assistance from local government units, medical assistance, burial benefits, etc., complained Mayor Gamboa.

PARCOM member Jimmy Araneta suggested that the DAR temporarily suspend land acquisition and review the support assistance CARP should provide the ARBs.

Regional Fare Rates Out

Finally, the Land Transportation Franchising and Regulatory Board came out with the fare rates for Western Visayas.

In contrast to the nationally enforced rate adjustments, the LTFRB ruled that fares for Region 6 should be P5.50 for the first five kilometers and 75 centavos for every succeeding kilometer.

The elderly, the disabled and students will be charged only P4.40 for the first five kilometers and 56 centavos for every succeeding kilometer.

The new fare rates take effect today. It adhered to the collective proposal by Bacolod jeepney operators and drivers, headed by United Drivers Operation Center secretary general Jessie Ortega.

Panay drivers and jeepney operators also approved the new fare adjustments. They earlier raised an uproar over the previous uniform rate hike imposed by the LTFRB. That one proved unacceptable to commuters and caused a lot of confusion and disputes between drivers and passengers. In one instance, a Bacolod driver was stabbed by an irate passenger.

Well, at last, the LTFRB officials have finally realized that what is acceptable and implementable in Metro Manila and nearby provinces in Luzon could wreak havoc with provincianos who earn less than their counterparts in the National Capital Region.

The morale of this episode: Get out of your air-conditioned rooms and put your ears to the ground in the provinces.

ADDENDA: Sen. Pia Cayetano visited Bacolod last Monday and made the rounds just to say "thank you." That elicited praises from Negrenses who put her in the second spot in their selection of senatorial candidates. And although she said a mouthful during her meetings with sugar leaders, provincial officials and supporters, the lady-senator stressed that she preferred to "listen to suggestions and recommendations." Previously, another winning candidate, Jamby Madrigal, also revisited Negros Occidental and swore into office Bacolod Mayor Bing Leonardia. These returnees sparked a lot of talk about another neophyte senator who begged off from an invitation because he was still busy acquainting himself with his new role... Operatives of the Bacolod Anti-Illegal Drugs Special Operations Task Group arrested last Monday a former vice mayor of E.B. Magalona town for possession of shabu and drug paraphernalia. Detained and charged for violation of the Comprehensive Dangerous Drugs Act of 2002 is Manuel Gamboa Aguirre, 53, of Porferia st., Mountainview Subdivision, Barangay Man-Dalacan. Superintendent Clarence Dongail said his arrest came in the wake of the apprehension last Saturday of Manuel Chavez Peralta, 58, of St. Andrew st., Lopez Villa, Sucat, Parañaque, and Ricardo Orija, Rico, 48, of Barangay Singcang, Bacolod. Police seized from the duo’s room at the Las Rocas Hotel 11 rounds for a 12-gauge shotgun, a 9-mm. pistol and caliber .45 and .22 handguns, plus shabu paraphernalia. Both pointed to Aguirre as their contact person here... This was a rare development: The provincial prosecutor’s office filed a case last Monday against businessmen Omar P. Lanzar in San Enrique town for his alleged failure to remit the Social Security System premiums of his employees. Prosecutor 1 Romulo Galvan filed the case following Lanzar’s failure to file his counter-affidavit after the grace period given him. SSS Field Inspectorate accounts officer Joebel Yulo found that Lanzar failed to remit his employees’ premiums amounting to P197,780 to the SSS. These date back to May 1996 to December 2002. When the amount was recomputed, the total delinquency of Lanzar, including the surcharges, had reached P297,955.34 as of March 21. A rare case, indeed, but a harbinger of more similar charges to come.