DAR COPS OUT ON SUMILAO CASE

Three days ago, Sec. Nasser Pangandaman declared:

“Based on the recommendation of the CLUPPI (Center for Land Use Policy, Planning, and Implementation), I am giving the parties three days upon receipt to submit their respective position papers on the matter. The three days are non-extendable.”

Naturally, the farmers comply in the hope that the case will be finally settled once and for all. Yesterday, the DAR announce that a decision will be handed down this day. There was suspense, anticipation and anxiety to the farmers.

Then came this decision, which I think is a total cop out on the part of DAR. As if they are playing on the emotions of the Sumilao farmers. Whats DAR doing? Is it playing mind games here? It seems that the submission of position papers appears to be all for show to make it appear that DAR is taking action on the plight of the farmers. This starts to look like a zarzwela, a runaround game to hoodwink the hapless farmers.

The decision of the DAR is to defer the Sumilao farmers’ request to issue a cease and desist order against San Miguel Foods Inc. and directed both parties to maintain the status quo while the agency was deciding whether to revoke the land conversion order issued to the food conglomerate.

“Considering that petitioner Mapalad and respondent SMFI have already submitted their position papers, and the case is now under evaluation, petitioner Mapalad and respondent SMFI are hereby directed to maintain, preserve, and respect the status quo pending resolution of the case on the merits.

 

Petitioner Mapalad is hereby enjoined to respect SMFI’s ownership and possession of the disputed property, while respondent is hereby directed to refrain from further undertaking development activities other than those presently ongoing.”

The decision directed the DAR regional director and the provincial agrarian reform officer to monitor compliance of the order.

The lawyer of the farmers failed to hide his frustrations.

“The decision amounts to nothing since it just maintained the status quo, including the ownership by San Miguel of the land. It also ignored the farmers’ demand for a cease and desist order.”

Said Napoleon Merida, the leader of the farmers,

 

“This is cruelty. It is very clear that what Secretary Pangandaman means by status quo is for us not to insist on our claim to the land and for SMFI to continue its work. He is protecting the interest of SMFI.”

Meanwhile heres the hypocritical San Miguel Foods statement:

Earlier 3 former DAR Secretaries (Butch Abad, Jose Mari Ponce and Ernesto Garilao) supported the case of the Sumilao farmers with Secretary Ernesto Garilao (the best DAR Secretary of all) speaking in their behalf.

On the other hand, this is the reaction of DAR Secretary Nasser Pangandaman

Based on the merits? I have apprehensions that this latest DAR order is another delaying tactic to defeat the cause of the farmers.  The scuttlebutt is that DAR would extend the ruling of the case in the hope to strike a “win win” solution. If it the case will be based on the merits, why do they still have to hope for a “win win” solution?  If it is based on the merits, then let the law applies whoever gets hurt. Dura lex, sed lex