Hda. San Benito workers raps Prov'l Agrarian Reform Officer
BACOLOD CITY -- Provincial Agrarian Reform officer Teresita E. Depeñoso is facing a case before the Ombudsman, for violation of RA 3019, Section 3 (e), otherwise known as the Anti-Graft and Corrupt Practices Act and violation of RA 6657 prejudicial to the best interest of public service.
The complainants were Erlito Batallon and 65 other farmer laborers of Hacienda San Benito, situated in Moises Padilla.
The complainants represented by Atty. Salvador Savio were residents and farm workers of the said hacienda with a sugarcane plantation, estimated at about 300 hectares.
They alleged that Depeñoso, acceded to the demands of 56 collective CLOA holders, and called for a conference for their installation/expansion of the 12-hectare farmland which they were occupying. They claimed that 27 of the alleged CLOA holders were outsiders and intruders who have installed themselves prematurely and illegally converted the sugarcane plantation of Hacienda San Benito by constructing their houses, playground and basketball court and planted other agricultural crops, which reduced the area of the entire farm to be distributed to legitimate, regular and permanent farm workers.
On December 22, 2008, with the assistance of several employees of the Department of Agrarian Reform, Province of Negros Occidental, respondent Depeñoso entered the land and conducted survey of the entire sugarcane plantation and identification of the farm workers, despite the pending petition before the Office of the President, specifically on the interpretation of Sec. 22 of RA 6657, which mandated that in the distribution of the land, the regular farm workers shall be given priority to be entitled to a 3-hectare maximum landholding each and only if there are excess portions of the sugarcane plantation of Hacienda San Benito, that these can be distributed to the landless residents of the barangay.
They added that Depeñoso defied and continued to ignore the order dated Sept. 5, 2001 of then Hon. Hernani Braganza, DAR Secretary, specifically, stating therein, "Directing the PARO, Negros Occidentasl to file a petition for the Cancellation of the subject CLOAs with the PARAD, Negros Occidental and to generate and issue new CLOAs to include the new beneficiaries."
That in the said Order, "Our names appeared as among the 106 farm workers as qualified beneficiaries, under No. 2 of the dispositive portion. Subsequently, this Order was affirmed by the Order dated Dec. 6, 2006 issued by Hon. Nasser Pangandaman, OIC, Secretary of DAR.
The aforesaid Orders canceled the CLOAs and the continued defiance of this Order by the respondent to comply to the said Order to file a petition for Cancellation of the CLOAs before the PARAD is in effect, to the prejudice, damage and undue injury of our right as mandated by RA 6657, being denied of our CLOAs and eventual possession, cultivation and enjoyment of our farmlands.
Depeñoso, in giving undue advantage to the 56 canceled CLOA holders through manifest bad faith and gross ignorance of the law, RA 6657, Sec. 22 thereof, with the intent to install and expand the 12 hectares illegally and prematurely occupied by 27 of the said 56 canceled CLOA holders, is criminally liable under Sec. 3 (e) and (f) of RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, in relation to Sec. 9 and 13 thereof, with the impossible penalty of imprisonment of not less than 6 months and one month or more than 15 years with perpetual disqualification from public office.
"We likewise pray for the suspension from office of PARO Depeñoso, lest she will exert undue exercise of her office to our damage and prejudice," the complainants stated.