Victims of illegal demolition in CARP land files criminal cases vs rival faction

CAGAYAN DE ORO City, March 17, 2011—The victims of the illegal enforcement of a demolition order by the Department of Agrarian Reform Adjudication Board (DARAB) have filed criminal complaints before the Provincial Prosecutor’s Office against those who illegally enforced the order despite knowing full well that the DARAB has not yet issued a writ of execution.

In a 38-page complaint (including annexes), couple Fernando “Datu Dalangpanan” G. Bermoy, 63, and Leona T. Bermoy, 57, accused lawyer Florencio Narido Jr., Beverly Domo, and 23 others of arson, robbery, illegal detention, illegal demolition, grave coercion and malicious mischief before Assistant Provincial Prosecutor Gerald Cecilio Paclar Roa.

The couple also demanded a total of P1.130 million in damages (P800,000 estimated cost of properties destroyed and P330,000 estimated cost of stolen items).

Included in the complaint are the manager or president of the Dasia Security Agency and 10 of its security guards, who allegedly conspired with Narido and Domo in harassing, intimidating, threatening and coercing the Bermoys into leaving the 111-hectare land so that the faction of Narido and Domo will be free to take control of the land and sell it.

Datu Dalangpanan Bermoy is the former chairperson of the Palalan CARP Farmers Multi-purpose Cooperative (PCFMPC) while his wife, Leona, is presently a member of the PCFMPC’s Election Committee.

In their complaint, the Bermoy’s alleged that at 9:45 a.m. on January 15, 2011, Narido with fully armed Dasia security guards and several men, “uttered intimidating and threatening words and while vigorously entering our premises.” Narido also allegedly asked in a very loud voice: “Naa si Bermoy diha? Unsa man inyo gusto, kagubot o kalinaw? (Is Bermoy around? What do you want, trouble or peace?).”

The threat was allegedly repeated on Feb. 20 at 4:00 p.m. when a group of armed Dasia security guards and unidentified men known to be supporters of Domo pointed their firearms at the Bermoys’ house and threatened to shoot them if they will not leave the place.

“Kung dili mo mohawa, mapugos mi pagpatay ninyo kay sugo ni ni Attorney Narido!(If you will not leave, we will be forced to kill you as this is the order of Attorney Narido),” the Bermoy quoted what the armed men shouted at them on that day.

On February 12, 2011, at around 10:00 a.m., three unidentified men forcibly entered the Bermoy’s lot and set the couple’s mango trees on fire.

The three men, according to witness Eduardo N. Gaabucayan, were Ronnie Cammannong, Pableo Jabunan and Wiljun Dabatian.

The Bermoys also alleged that almost everyday, since February 12, Narido, Domo or their henchmen together with Dasia security guards armed with AK47 rifles harassed and threatened them, destroyed their properties, harvested their crops and stole their valuables, livestock and cattle.

Starting on February 15, Narido’s group illegally enforced the January 17 order of Provincial Agrarian Reform Adjudicator Charlito A. Sabuga-a even without a writ of execution.

The January 17 ruling ordered Bermoy and PCFMPC chairperson Andrew Donggay to “demolish whatever structure they introduced in the subject area at their own expense, otherwise, a writ of demolition will be issued.”

Because of these, the couple “suffered undue injuries, extreme fear, moral and actual damages since all our properties including our residential house, crops, poultry and working animals, documents, other belongings, etc. were stolen, robbed, destroyed and taken over by the group of Atty. Florencio Narido Jr. and Beverly Domo by force with the direct participation of armed Dasia security guards and their cohorts in conspiracy
with each other in the commission of crimes, without any Court Order, without
the presence of a sheriff and without due process.”

Last March 3, 2011, Sabuga-a ordered the restoration of the “last actual, peaceful and uncontested status” of the 111-hectare estate DAR awarded to the PCFMPC on September 8, 1992 through a Certificate of Land Ownership Award (CLOA).

“A Status Quo order is hereby issued ordering the complainant (Domo, Narido) and any individual acting pursuant to or under her command, not to harass and disturb the respondents (Bermoy, Donggay) over the subject landholdings and directing the provincial sheriff of DARAB-Province of Misamis Oriental with the assistance of the Philippine National Police (PNP) in the vicinity if deemed necessary to see to it that the respondents (Bermoy, Donggay) are not harassed, disturbed and that their possession over the subject landholding is maintained in the meantime pending finality of the January 17, 2011 decision,” said Sabuga-a in his order.

Sabuga-a also reminded Domo and Narido that his “decision dated January 17, 2011 is not yet final and executory.”

“Where a motion for reconsideration has not yet been resolved, it is premature to enforce the decision even if it is favorable to herein complainant,” he said.

He also reprimanded the Domo and Narido for enforcing the January 17 demolition order despite knowing that no writ of execution has been issued to enforce it.

“Thus, the actions of the complainant, Atty. Narido and their cohorts are patently illegal and absolutely devoid of legal basis. Indeed, they have absolutely no right to put the law into their own hands,” he stressed. (Bong D. Fabe)