The Lapanday Foods Corporation has condemned in strongest terms the decision of the Department of Agrarian Reform to award some 145 hectares of land owned by Hijo Employees Agrarian Reform Beneficiaries Cooperative-1 to the break-way group Madaum Agrarian Reform Beneficiaries Association, saying it “violated due process and was confiscatory in nature.”
In media statement, LFC assailed what it called the land grab on the part of MARBAI and DAR. It added that would not hesitate to file charges against buyers of MARBAI harvested fruits from HEARBCO-1 farms in Barangay Madaum, Tagum City.
LFC emphasized that HEARBCO-1 is the absolute and legal owner of these lands, which have been also been previously awarded by the DAR to HEARBCO-1 and its lawful agrarian reform beneficiaries (ARBs).
LFC said the Cease and Desist (CDO) issued by DAR Secretary Rafael V. Mariano on December 14, 2016, has made members of MARBAI, the breakaway group led by Mely Yu, land grabbers of land owned by legitimate ARBs of HEARBCO-1.
In LFC’s previous statement, they said the DAR’s recent order cannot legally overturn the court’s final and executory decision.
“This lawful arrangement was confirmed by the final and executory decision in Civil Case No. 33, 536-3010 of the Davao City Regional Trial Court, Branch 14 on September 30, 2011 that approved the compromise agreement between HEARBCO-1 and the company,” LFC further stated.
The rest of the media statement follows:
“Since their illegal occupation of some 145 hectares, even destroying more than 20 hectares of farms owned by these legitimate ARBs, who are now rendered without any source of livelihood, they said they can now proceed to harvest also under the direction of the DAR.
The reported harvest taking place in the disputed areas is a criminal act and will be prosecuted to the fullest extent of the law. Further, these illegally harvested fruits are also stolen fruits, since these are already contracted by HEARBCO-1 to Lapanday Foods Corporation (LFC). The binding contracts between HEARBCO-1 and LFC which were even facilitated by the DAR and the Cooperative Development Authority before they were sent for approval by the HEARBCO-1 Board and ratified by its general assembly have remained valid and effective.
In giving the land and the improvements to MARBAI, the DAR resorted to the illegal confiscation of property.This act directly violates due process under the Constitution. Since the DAR took property without due process of law, it also disregarded and defied the court-approved contract between HEARBCO-1 and LFC covering the farm now forcibly taken over by MARBAI. This action of DAR is not legitimate and encourages the unlawful and forcible taking of a farm already awarded to a legitimate ARB. This is a criminal act and this will be prosecuted to the fullest extent of the law.”
Finally, Lapanday Foods Corporation stated they give notice to all buyers of fruits harvested or to be moved through the channels of the banana market by MARBAI originating from the HEARBCO-1 farms, to not purchase or buy these fruits as they are the property of LFC as sold by HEARBCO-1 under existing valid contracts and any buyer found to be purchasing these fruits shall be criminally prosecuted.
