Farmers consult agrarian problems
April 10, 2008
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Atty. Norberto Denura of the Dr. Salonga Center for Law and Development talks

      The Mag-uumang Nagkahiusa sa Kalambuan sa Negros Oriental (MANAAKA) conducted an Expanded Council of Leaders’ Meeting and Consultation with the Dr. Jovito R. Salonga Center for Law and Development last April 8, 2008 at SCNCC Training Center, Sta. Cruz Nuevo, Tanjay City.

The said activity was attended by Glynda Descuatan, Chairperson of the Board of Trustees of Negros Oriental Center for Peoples Empowerment and Development (NOCPED), Atty. Norberto Denura, Coordinator of the Labor and Agrarian Reform Desk of the Salonga Center together with six student volunteers, and around 50 leaders and members of MANAAKA from the different cities and municipalities in Negros Oriental.

“We don’t assure to solve all the problems of the farmer-beneficiaries, but our concern is to see to it that our laws have been properly followed in implementing the agrarian reform programs and other related matters,” Atty. Denura stressed.

One of the concerns raised by the farmer-beneficiaries (FBs) was on the alleged shooting incident committed by the guards of landowners when the FBs entered the parcel of land purportedly granted to them by virtue of the Comprehensive Agrarian Reform Program (CARP) Law.

Atty. Denura clarified that there is no need to wait for the result of the ballistic report in the said incident before the victims can file a criminal case before the court.

“What are needed in the filing of a criminal complaint are the affidavits of the complainant and the witnesses, and that the said affiants have personal knowledge that the accused committed the crime charged,” Atty. Denura said.

On the requirement of barangay mediation or conciliation under Presidential Decree No. 1508 otherwise known as the Katarungang Pambarangay Law, Atty. Denura said that the applicable crimes for such shooting incident do not require for barangay mediation or conciliation before filing a case in court because they provide for higher penalties than those offenses subject for such mediation or conciliation.

Under the said law, offenses for which the law prescribes a maximum penalty of imprisonment not exceeding one year or a fine not exceeding P5,000.00 are the matters subject to barangay mediation or conciliation.

“Although some cases provided for by law do not require barangay mediation or conciliation, the conduct of the same is encouraged in order to settle the conflict without bringing the matter in court. Thus, aside from saving money, time and effort by the opposing parties, it could also help to unclog court dockets,” Atty. Denura added.

Meanwhile, Descuatan said that the activity is significant so that the FBs would know and understand the applicable laws in asserting their rights and remedies particularly on agrarian issues.

She added that it also enhances the knowledge of the student volunteers in learning actual cases who could assist in responding to the legal needs of the FBs.

Other issues raised during the consultation were on the installation of the FBs, inclusion and exclusion of the Certificate of Land Ownership Award (CLOA) holders, procedural aspects, functions of the Department of Agrarian Reform (DAR), and other related matters. (By Christy Ann Marie R. Cong )

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