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This Kamalig/shed was constructed on November 2005 by Aloysius Pedro M. Arellon and Benjamin V. Raya for Biofarm at a cost of Php 250,000.00. This low-cost building was successfully operated for 6-months but when "Boyax" resigned and stopped supplying Century Marine Products, Jacky Lou Wang owner of CMP filed a case against Aylmer M. Arellon and Benjamin "Boyax" V. Raya for forcible entry with injunction. Defendants were issued Temporary Restraining Order on September 13, 2006 after plaintiff posted Php100,000.00 bond in favor of the defendants. The case is now being litigated at the Catbalogan Municipal Trial Court. Plaintiff has already requested two postponements. This November 27, 2006 will be the marking of documents and agreement on the trial briefs.

The November 27, hearing resulted to the denial of CMP as to the origin of their attached building plan, which was in truth an annex of the project proposal submitted by Mr. Raya to the DTI Sulong Project last 2003, 2 years before CMP came to engage business in Catbalogan. CMP maintains its allegation that Biofarm is not a SEC registered corporation and requested for the submission of its articles of corporation. Should their counsel only remembered that he himself and the current judge notarized the documents of Biofarm he should have not denied the legal existence of Biofarm.

On the evening of December 7, Messrs. Arellon and Raya visited the building and met some of the previous workers at the processing plant and notified them that the following day will be the inspection date. One of the workers commented that hopefully, the current Judge would not be bribed again.

December 8, 3 pm was set by Atty. Alma Uy, the municipal judge for the building inspection of the processing plant based on the submitted building plans by both parties. During the inspection Judge Alma Uy has the first hand opportunity of seeing the processing plant being contested. She positioned herself at the peripheral portion of th ebuilding and narrated her observations through a voice tape recorderand at the same time her impressions were jotted down by the court stenographer. She noted the flooring, walls, business permits, foundation posts and sorroundings including the boundaries of the processing plant. During the occular inspection the counsel of both parties did not attend.

After the building inspection, On December 13, the plaintiff through her counsel filed an urgent motion for inhibition for Judge Uy citing that the Judge may render a biased decision for she was a former counsel of Alberto Arellon Jr., the brother of the defendant.

On December 18th, the defendants were subpoena by the MTC to report for a hearing of the motion for inhibition. And on the December 20 the hearing was scheduled, the only case of Judge Alma Uy and the motion was threshed out. Atty. Mendiola expressed his position and submitted a motion that the current Judge should not inhibit herself. Judge Uy queried the plaintiff's counsel of his belief that she was incapable to render judment just because her former client is a brother of the defendant. She give the plaintiff 5 days to argue the motion of the defendant counsel, Atty. Mendiola.

While the position papers are being readied the plaintiff is buying time to delay the proceedings. Perhaps she has not yet prepared the supporting documents.

On January 4, 2007 9:00 a.m. was the hearing of the Motion for Inhibition of Atty. Acuba, plaintiffs counsel against Judge Alma Uy. The Hon. Judge informed the plaintiff and the defendant that she denied the Motion for Inhibition and the case shall pushed through with the trial and she required the parties for the submission of Position Papers. However, Atty. Acuba was not present this hearing and his alibi was that he was very busy being the President of the Samelco Board of Directors and was still on his way from Tacloban. But, Atty. Mendiola contested the fact that he exerted efforts just to submit his position papers and motion not accept the position papers of the plaintiff by default and being "very busy" is not a sufficient ground not to submit the positin paer on time for everybody is busy. He reasoned out that the problem of Samelco is not the concern of Atty. Acuba for there are technical line men who are responsible for the restoration of the power lines and this nature of work is not the concern of the President of the Board of Directors. Moreover, Atty. Mendiola commented that the current case is summary in nature and that being long-time lawyers by profession Atty. Acuba knows very much the nature of this case and his dilatory tactics should not be admitted by the court.

Judge Alma Uy-Lampasa, directly asked the plaintiff if she really knows the circumstances of this case and Jacky Lou Wang answered negatively but she was hinted by her secretary, Connie Gososo that this case was for the resolution of the Motion of Inhibition by her counsel which is also not correct. Because the case she filed was for the forcible entry of Aylmer Arellon and Benjamin Raya.

The Judge ordered that she will make a resolution for the matter upon hearing the Motion of Atty. Mendiola not to accept the late position paper of the plaintiff.

In a related incidence, Aloysius Pedro M. Arellon filed a civil case for Unlawful Detainer against Jacky Lou Wang which will be heard this coming January 8, 2007 2:00 p.m. The Judge was not able to preside the case because she just came from Zumarraga, Samar and was too tired to report in the afternoon due to rain and big waves en route. The preliminary hearing was rescheduled on February 1, 2007 at 2:00 p.m. Atty. Mendiola is preparing a pre-trial brief for the case.

Status of Marine Products: Catbalogan

The supply of Nylon shell locally known as "Mayahine" for the past three months has sharply declined due to unrestrained harvesting and processing of this marine resource. Divers were no longer able to recover big nylon shell but only thumb-sizes. If this trend remained uncontrolled "Mayahine" is predicted to go off-season unless the municipality has the iron hand to implement its municipal ordinances on close and open season harvesting of the Magueda Bay.

When "Mayahine" goes off-season it would take 2-3 years before this marine product will be able to recover its relative abundance. Responsible local government units from nearby coastal municipalities should now start bracing themselves and set up safety nets to protect their marine resources from exploitation and unregulated harvesting practices.

Biofarm Resource Development Corporation Catbalogan, Samar
Hosting Manager Bravenet News	Biofarm News Case Update This Kamalig/shed was constructed on November 2005 by Aloysius Pedro M. Arellon and Benjamin V. Raya for Biofarm at a cost of Php 250,000.00. This low-cost building was successfully operated for 6-months but when "Boyax" resigned and stopped supplying Century Marine Products, Jacky Lou Wang owner of CMP filed a case against Aylmer M. Arellon and Benjamin "Boyax" V. Raya for forcible entry with injunction. Defendants were issued Temporary Restraining Order on September 13, 2006 after plaintiff posted Php100,000.00 bond in favor of the defendants. The case is now being litigated at the Catbalogan Municipal Trial Court. Plaintiff has already requested two postponements. This November 27, 2006 will be the marking of documents and agreement on the trial briefs. The November 27, hearing resulted to the denial of CMP as to the origin of their attached building plan, which was in truth an annex of the project proposal submitted by Mr. Raya to the DTI Sulong Project last 2003, 2 years before CMP came to engage business in Catbalogan. CMP maintains its allegation that Biofarm is not a SEC registered corporation and requested for the submission of its articles of corporation. Should their counsel only remembered that he himself and the current judge notarized the documents of Biofarm he should have not denied the legal existence of Biofarm. On the evening of December 7, Messrs. Arellon and Raya visited the building and met some of the previous workers at the processing plant and notified them that the following day will be the inspection date. One of the workers commented that hopefully, the current Judge would not be bribed again. December 8, 3 pm was set by Atty. Alma Uy, the municipal judge for the building inspection of the processing plant based on the submitted building plans by both parties. During the inspection Judge Alma Uy has the first hand opportunity of seeing the processing plant being contested. She positioned herself at the peripheral portion of th ebuilding and narrated her observations through a voice tape recorderand at the same time her impressions were jotted down by the court stenographer. She noted the flooring, walls, business permits, foundation posts and sorroundings including the boundaries of the processing plant. During the occular inspection the counsel of both parties did not attend. After the building inspection, On December 13, the plaintiff through her counsel filed an urgent motion for inhibition for Judge Uy citing that the Judge may render a biased decision for she was a former counsel of Alberto Arellon Jr., the brother of the defendant. On December 18th, the defendants were subpoena by the MTC to report for a hearing of the motion for inhibition. And on the December 20 the hearing was scheduled, the only case of Judge Alma Uy and the motion was threshed out. Atty. Mendiola expressed his position and submitted a motion that the current Judge should not inhibit herself. Judge Uy queried the plaintiff's counsel of his belief that she was incapable to render judment just because her former client is a brother of the defendant. She give the plaintiff 5 days to argue the motion of the defendant counsel, Atty. Mendiola. While the position papers are being readied the plaintiff is buying time to delay the proceedings. Perhaps she has not yet prepared the supporting documents. On January 4, 2007 9:00 a.m. was the hearing of the Motion for Inhibition of Atty. Acuba, plaintiffs counsel against Judge Alma Uy. The Hon. Judge informed the plaintiff and the defendant that she denied the Motion for Inhibition and the case shall pushed through with the trial and she required the parties for the submission of Position Papers. However, Atty. Acuba was not present this hearing and his alibi was that he was very busy being the President of the Samelco Board of Directors and was still on his way from Tacloban. But, Atty. Mendiola contested the fact that he exerted efforts just to submit his position papers and motion not accept the position papers of the plaintiff by default and being "very busy" is not a sufficient ground not to submit the positin paer on time for everybody is busy. He reasoned out that the problem of Samelco is not the concern of Atty. Acuba for there are technical line men who are responsible for the restoration of the power lines and this nature of work is not the concern of the President of the Board of Directors. Moreover, Atty. Mendiola commented that the current case is summary in nature and that being long-time lawyers by profession Atty. Acuba knows very much the nature of this case and his dilatory tactics should not be admitted by the court. Judge Alma Uy-Lampasa, directly asked the plaintiff if she really knows the circumstances of this case and Jacky Lou Wang answered negatively but she was hinted by her secretary, Connie Gososo that this case was for the resolution of the Motion of Inhibition by her counsel which is also not correct. Because the case she filed was for the forcible entry of Aylmer Arellon and Benjamin Raya. The Judge ordered that she will make a resolution for the matter upon hearing the Motion of Atty. Mendiola not to accept the late position paper of the plaintiff. In a related incidence, Aloysius Pedro M. Arellon filed a civil case for Unlawful Detainer against Jacky Lou Wang which will be heard this coming January 8, 2007 2:00 p.m. The Judge was not able to preside the case because she just came from Zumarraga, Samar and was too tired to report in the afternoon due to rain and big waves en route. The preliminary hearing was rescheduled on February 1, 2007 at 2:00 p.m. Atty. Mendiola is preparing a pre-trial brief for the case. Status of Marine Products: Catbalogan The supply of Nylon shell locally known as "Mayahine" for the past three months has sharply declined due to unrestrained harvesting and processing of this marine resource. Divers were no longer able to recover big nylon shell but only thumb-sizes. If this trend remained uncontrolled "Mayahine" is predicted to go off-season unless the municipality has the iron hand to implement its municipal ordinances on close and open season harvesting of the Magueda Bay. When "Mayahine" goes off-season it would take 2-3 years before this marine product will be able to recover its relative abundance. Responsible local government units from nearby coastal municipalities should now start bracing themselves and set up safety nets to protect their marine resources from exploitation and unregulated harvesting practices.	Navigation Main Page Biofarm News Services photos forum faq guestbook

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