CA junks Lapanday petition for TRO
The Eighth Division of the Court of Appeals has denied the petition for Temporary Restraining Order and Writ of Preliminary Injunction filed by the Lapanday Food Corporation (LFC) as the remedy for the Cease and Desist Order (CDO) issued by DAR, said Agrarian Reform Secretary Rafael Mariano.
"Humiling sa CA ang LFC na makapag-issue ng TRO and writ of preliminary injunction pero noong January 6, 2017 the court resolved to deny the petition," Mariano said during an open forum with farmers at the Rizal Park yesterday.
The said CDO was is- sued by DAR in lieu with the letter to Mely Yu, the chairperson of Madaum Agrarian Reform Beneficiaries (Marbai) in the alleged shooting of LFC security to the protesting farmers in Madaum, Tagum City last December 9, 2016.
The CDO was issued December 16, 2017.
Marbai members who were able to take over their 145 hectares of land were evicted from the area on December 31, 2016 wherein the farmers considered it as a violation to the CDO.
LFC earlier denied that their security guards did a security sweep, saying it was the Hearbco-1 mother cooperative's initiative to proceed with the operations in the area.
Marbai officials, in a press conference, reiterated that it was the LFC.
Antonio Tuyak, spokersperson of the Unyon sa mga Mag-Uuma Alang Sa Tinood Nga Repormang Agraryo (Ugmad-Tra), and Reynante Mantos of the Hugpong Sa Mga Maguuma sa Walhog Compostela (Humawac) aired their concerns to Mariano yesterday.
Mariano said that farmers should gather up their statements and file an official complaint to DAR for the agency to be able to sue the LFC for contempt.
He added that since the petition for TRO was denied, the CA directed DAR and LFC to make a comment.
Mariano also said that he will make sure that the farmers will be installed in the area.
"Walang makakapigil sa DAR sa installation, kung hindi, icocomply ng LFC, ipa-punish sila ng contempt," he said.
He also added that he himself will be present during the actual installation day, a statement which earned applause from the listening farmers.
LFC, in an earlier statement last January 4, 2017, said that RTC 14 Judge Jill Rose JauganLo directed the court sheriff and the Philippine National Police to disperse any member from barricading the farms and prevent disruptions in the cooperative operations.KVC(For full story visit www.sunstar.com.ph/ davao/)