Police reluctant on DAR orders

Provincial police chief Rosendo Franco is reluctant to order his men to conform to any request for assistance in the installation of agrarian reform beneficiaries in disputed areas. This hands-off policy extends to both the agrarian reform department and the farmer-beneficiaries.

Such caution is understandable. If one does not comply with an official request, the police get it on the neck. On the other hand, when a case is filed in the incident, they also get themselves caught in the crossfire.

But that is not the only problem. Usually what happens is that without the assurances of legal help in case of litigation, PNP officers often find themselves on the losing end. They end up paying from their own pockets for the services of their lawyers.

Himamaylan City police chief Lirazan deplored the fact that he, former PNP provincial chief Charles Calima and 10 other Himamaylan cops and some DAR officers have to spend their own money for their lawyer as well as bear the cost of attending court hearings.

Now, for example, RMG chief Supt. Pedro Merced is confronted with two cases - one filed by the Task Force Mapalad for dereliction of duty and the other petition for contempt of court with the Supreme Court filed by businessman Roberto Cuenca.

That's the dilemma confronting police officers. They have to dig deep into their own pocket despite assurances of help from the government or the agency involved when they comply with lawful order.

Thus, as provincial chief Franco pointed out, several retiring members of the force cannot avail of their retirement benefits despite assurances by DAR of legal assistance.

Others, Franco pointed out, are not promoted because of pending complaints against them for the implementation of CARP. So, better a hands-off policy, no?

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So, now, what can DAR Secretary Nasser Pangandaman say when it clearly enunciated reply about the impediment in the installation of agrarian reform beneficiaries at the Hacienda Velez-Malaga now lands him in hot water.

The problem is he had been warned by the legal counsel of businessman Roberto Cuenca about the case pending final adjudication of the high tribunal. Pangandaman, however, clearly dismissed it with a shrug-no legal impediment.

Now that arrogant reply has landed the DAR secretary in real trouble.

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There's nothing more beautiful than a clearly reasoned explanation to what I may have perceived as a questionable action by the DAR. The detailed recitation of the list of agrarian reform beneficiaries with more CLOAs than originally expected. As in the case of Narciso Edmundo of a Calatrava barangay who was listed as having 10 such CLOAs issued in his name.

Yesterday, I received a very courteous rejoinder from Calatrava MARO Isaias Solido who wrote a beautiful explanation about the CLOAs.

Incidentally, a former Fabricanian, he had once been a teacher at the Faraon Institute from 1979-83. Thus, perhaps, the reason why the tenor of his letter was informal and "educational".

Anyway, Solido states, DAR distributes two types of CLOAs. One is mother or collective CLOAs while the other is the individual CLOA.

Painstakingly, Solido then explained point by the point where the mis-impression about the issuance of CLOAs may have stemmed.

In the case of Narciso Edmundo, he points out that the person had two types of CLOAs - both collective and individual. In the collective CLOA involving only one VOS landholding, with an areas of 5.3195, there are 15 (FBs) reflected on the title. "After the final subdivision survey was conducted, his farm in the said collective CLOA is 9.2123 of a hectare. In his individual CLOA on other VOS landholdings after the final subdivision survey, the total aggregate area is 2.7207 hectares," Bolido explained.

"Thus, if you add these all, he has a grand total aggregate area of 2.9419 hectares which does not exceed the three hectare maximum limit a farmer-beneficiary can avail of the program," Solido added.

He did the same explanation with the case of Rowena Bugto where in one VOS landholding CLOA, there were 16 of them. After the final subdivision survey her aggregate area totaled only1.8217 hectares," Solido added. Afterwards, he proceeded on a case to case recitation of the names which I had listed in my Calatrava CLOA report.

That could mean a tedious reading, still, the two examples provide us sufficient glimpse of the DAR policy on the issuance of CLOAs which serve to enlighten us on the perceived anomaly.

Solido, however, adds that there are discrepancies in the records regarding middle initials and spelling of names, and referred us to the DAR provincial office where the CLOAs are typed. He also offered the municipal DAR records for additional perusal.*

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