PARAB denies TRO over Arao land dispute
BACOLOD CITY — Provincial Agrarian Reform Adjudicator Atty. Isagani Cuello denied recently for lack of merit the prayer for the issuance of Temporary Restraining Order (TRO) against the execution of the Deed of Absolute Sale over a 50-hectare lot intended for the city’s relocation site.
In his six pages order, Cuello said that the subject properties had no notice of Comprehensive Agrarian Reform Program (CARP) coverage issued by the DAR and hence “the right of the complainants as far as the subject properties are concern is nothing but imaginary, speculative, if not inchoate therefore no irreparable damage or injury will result.”
Based on the memorandum filed by Elsie Guanco, et. al, they claimed that since time immemorial the subject properties have been actually devoted and dominantly used for agricultural purposes such as sugarcane and remain as such up to the present.
They also insisted that their forefathers’ family members have worked or are still working in the hacienda and have taken residence within or around the premises. They also said that the Deed of Sale is null and void for being a clear violation of Republic Act No. 6657 as amended by Republic Act 9700, and other agrarian laws, circulars and regulations.
On the other hand, defendant City of Bacolod argued that there is lack of jurisdiction on the part of the DARAB to take cognizance of the same because as early as the year 1976, the then Ministry of Local Government and as approved by the City Council of Bacolod under Resolution No. 5153-A (Series of 1976), the City Government had already identified the subject lands for “Residential Use” under the 1976 Framework Plan of the City of Bacolod. Meanwhile, the resolution of the motion to dismiss filed by defendants is held in abeyance pending the submission of the written opposition of the complainants and reply, if any, of the defendants.
