Is Otacan afraid? - 2

Before I proceed further, let me inform Atty. Alejandro S. Otacan, the Regional Director of the Agrarian Reform Regional Office VI, that this space is open for him to respond, particularly on the question of why he has not enforced his own Cease-and-Desist Order despite its defiance by Metro Safari. His response should include an assurance that he is not afraid, or that he has not been instructed or induced not to implement the law.

I had earlier asked him to publish the explanation of Francis Cabuga as Otacan had directed when he issued his CDO. To this date, Otacan has not published that information that would have given us an indication whether indeed Cabuga has an acceptable explanation on why he constructed a resort in Barangay Alangilan on CARP awarded lots that had not been legally converted into non-agricultural use. 

In an earlier column, I said that Francis Cabuga who owns the Metro Safari Resort in Barangay Alangilan, outwitted Otacan. Although he issued a Cease-and-Desist Order on April 16, 2014 against Cabuga, ordering the latter to stop construction on a CARP land, Otacan’s CDO was simply ignored and Cabuga continues to construct.

There are hundreds of people who pass this road each day and they know that construction has never stopped despite two CDOs – his own and the one ordered by the Bacolod Office of the Building Official. The Bacolod City Planning and Development Office also stepped into the issue with a questionable certification. I shall tackle the anomalies in the OBO and CPDO later.

A reader reacted saying that Cabuga did not outwit Otacan rather that Otacan and Cabuga outwitted the people opposed to the construction and both seem to have conspired to disregard and mock the law.

Since Otacan is an alter-ego of the Secretary of DAR, is the secretary aware of this situation, and if he is, did he prevent Otacan from enforcing the law?  This seems possible, because Otacan appears to be afraid to implement the law but apparently is not afraid NOT to implement the law.

Indeed, he can be liable administratively for dereliction of duty or negligence for not enforcing the law he is mandated to implement.

I heard about this report earlier but only last week did I get confirmation that the three kagawads of Alangilan were not sleeping on their opposition to the continued construction of Metro Safari.

Almost after one month after Otacan issued the CDO and despite the defiance of Cabuga by the continued construction in Metro Safari, three kagawads, Alex Sausi, Donald Alimpolo and Roy Retiza, filed a motion on May 14 asking Otacan for the immediate implementation of the CDO. Otacan cannot claim he does not know, because with the motion are photographs of the ongoing construction.

Granting that he does not believe in the photographs, Otacan has people in Bacolod City who can go there in less than an hour to verify. Of course, if his personnel were forewarned as what happened to the “inspection” of another agency, the workers simply go on leave.

In fact, it would be easy to ask the school children, the tricycle drivers and even the pedestrians, the cock farm workers around the area for their observations.

Otacan’s failure to take this very basic and simple effort seems to indicate he has no intention to enforce his own CDO.

If he has no intention to enforce, why did he issue the CDO at all? Was it to divert or to deceive or, as one observer believes, “to extort”? I don’t believe he has this intention, but can his refusal to explain prevent such suspicions? The ball here is in his court and the only way for him to erase these thoughts is to perform his duty, or explain why, for more than a month and after having been officially informed, he remains adamant.

Five days after the motion, the three complainants sent him a supplementary motion, this time providing him with sufficient legal bases for action.  Find this funny that the complainants had to give Otacan these materials that Otacan ought to know by heart.

Remember, I asked Otacan to publish the explanation of Cabuga? In his CDO, Otacan directed Cabuga to explain within five days “why a criminal case for illegal conversion should not be filed against you.”

Cabuga replied on May 9, but let us assume that he received the CDO on May 4 (a Sunday).

His reply is very interesting and confirms what has been happening all along. Tomorrow we shall deal on it.*  

back to top