Task Force Mapalad announced in a press release their "legal victory" after the Supreme Court First Division junked with finality the ejectment case filed by landowner Roberto Cuenca against local organizer Jerry Cahilig and 37 other farmer-beneficiaries of Hacienda Malaga-Velez, in Barangay Robles, La Castellana, Negros Occidental.

In its June 6, 2007 resolution over the case "Roberto Cuenca vs. Court of Appeals, et al", the Supreme Court First Division said: "It appearing that Atty. Mario S.A. Diaz, counsel for the petitioner [Roberto Cuenca], opted not to file the intended petition for review within the extended period which expired on 13 January 2007, the court resolves to declare this case terminated and direct the Division Clerk of Court to inform the parties that the judgment sought to be reviewed has become final and executory, the TFM press release said. The clerk of court released last week a notice informing the concerned parties of the SC resolution, a copy of which was obtained yesterday by TFM.

Asked to comment on the SC resolution, Diaz he is not worried about it as it "doesn't matter" to them.

The case stemmed from a decision of the Court of Appeals Twentieth Division in Cebu City, dated August 8, 2006, affirming the right of Velez-Malaga farmer-beneficiaries to the 10-hectare property which they occupied in October 2002.

The farmers occupied the property six months after they were issued a collective CLOA (certification of landownership award) by the Department of Agrarian Reform for the 114-hectare portion of the hacienda.

Cuenca immediately filed a case of forcible entry against Cahilig and company before the Municipal Trial Court of La Castellana, which ruled in his favor and ordered the farmer-beneficiaries to "vacate and return the premises to the plaintiff."

Cahilig and co-accused filed a motion for reconsideration before the Regional Trial Court Branch 63 of La Carlota City. When the RTC affirmed the MTC decision, they raised the case to the Court of Appeals.

In its August 8, 2006 decision, the CA also nullified the decisions of the MTC and the RTC, saying that both courts lacked jurisdiction over the ejectment case filed by Cuenca, it being an agrarian reform matter that falls under the original and exclusive jurisdiction of DAR. Cuenca's lawyer Mario Diaz filed a motion for reconsideration but the CA denied it in a resolution dated November 17, 2006.

On December 13, 2006, Diaz filed before the Supreme Court a "motion for extension of time to file petition for review on certiorari," citing "heavy volume of professional works" as reason.

Diaz failed to file the petition as of last January 13, hence the decision of the High Court to terminate the case.

Cahilig said that the SC decision was a vindication of their right and that Diaz's failure to file the petition for review was an indication that Cuenca had run out of legal arguments in the Malaga-Velez land case, the press release said.*NB

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