Slapping DAR

Perhaps the most Christian bureaucrats in the government these days are the officials of the Department of Agrarian Reform and the Bacolod Office of the Building Official. Metro Safari is slapping them in one cheek and they turn the other to be slapped without a whit of complaint.

The Metro Safari owner, Francis Cabuga had been ignoring the DAR and OBO Cease-and-Desist Orders and yet the DAR and OBO officials do nothing to enforce their own order that, under the present situation appears to be a useless order, waste of paper and a chance to be insulted.

I thought that the masochism that some misguided people inflict on themselves during the last Holy Week is already past.

DAR’s Regional Director Alejandro S. Otacan issued its CDO on April 16, 2014 against Francis Rey Cabuga on recommendation of its provincial DAR officer “there being a blatant commission of illegal conversion in Lots 1581-B-2, 1581-B-A and 1581-B-4 all located in Barangay Alangilan, Bacolod City…” Otacan even cited the penalties for the “blatant violation”.

But it seems “na utakan si Otacan” (Otacan was outwitted) because last week (May 17) when I went to Campuestohan on invitation of the Visayan DAILY STAR on its celebration of its Philippine Press Institute Award, I saw that construction was going on in Metro Safari. There was rig digging, construction materials being unloaded, workers pouring cement on the frame for the post for the second floor, etc.

Not only did Otacan order that Cabuga cease, desist and refrain from “further developing the area, “he also ordered that Cabuga “explain in writing within five (5) days from receipt hereof why a criminal case for illegal conversion should not be filed against you.”

People of Bacolod would be interested if Otacan can publish the explanation of Cabuga or whether Cabuga has bothered to explain at all.

Or perhaps Otacan’s demand for an explanation was also ignored that he has nothing to publish considering that his CDO was practically thrown into the waste bin. Maybe Otacan was himself also shunted aside because his CDO was also disregarded and he did nothing to enforce it. 

Never has any stranger businessman who came to invest in Bacolod been so beyond the reach of the orders of the government as to make a mockery of the laws and is now slapping an insult on a national agency.

Otacan can perhaps claim a historic first to be so insulted and then turn the other cheek. Or maybe we are wrong, but the facts as of now show that he did nothing while Cabuga continues to disobey his order.

Unless and until he can enforce the law, what else can we say? We see and judge our officials from what they do and not do, and not for what they say or order.

I remember a case involving the DENR where the regional director keeps on issuing CDO but did not enforce it. So for several years the project continued unabated until due to constant public exposure of his being hosted by the project owner whenever he comes to Bacolod, he was relieved and sent to Mindanao.

That was the best the Presidential Commission Against Graft and Corruption could do but the project owner eventually complied.

The officials of Barangay Alangilan had reported since last year what they considered illegal conversion because the barangay council opposed the Metro Safari project. DAR knews about this also last year and in fact, DAR had opined that the construction was illegal.

The order of Otacan is therefore a belated action but better than nothing. However, a CDO without enforcement is nothing.

I believe Otacan knows that under the law he is primarily “responsible for the implementation of laws, policies, pants, programs, projects and regulations of the Department (DAR) in its administrative region.”

Otacan has the power to cite Cabuga for direct and indirect contempt and impose penalties allowed him by law.

He has the authority which was conferred on him by law to insure that his CDO is enforced and complied with. He is, in fact, the “alter-ego” of the DAR secretary.   

If the situation in Metro Safari continues, the principal official liable for its continuation is Otacan and he can in fact be cited for gross negligence before the Ombudsman for giving Cabuga underserved and undue financial advantage and for making a mockery of the law.

Otacan may like to get slapped on the other cheek but the law must be enforced. If he cannot, he raises unsavory suspicions.*     

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