DAILY UPDATES OF “Walk for
Nov. 7-22, 2007
Walk for
22 November 2007
For the past several days, the Sumilao Farmers have to endure the hardship of walking under heavy rains. Because their raincoats are already worn-out and tattered, they did not escape from getting soaked and wet.
Such situation worsened the condition of the marchers who suffer from colds or cough. Also, walking along muddy roads made their pace slower.
Worse, news of a better weather is not to be expected sooner.
Fortunately, there was no rain yesterday when they left the Holy Spirit Parish in Ragay at around 4:00 AM, but still, they were deprived of sunshine. With the better situation, however, their walk yesterday was easier. They were back to their usual 'short talk' while traversing the road to
They talked just about anything. But mostly they remember their fond memories with their families in barangay San Vicente. Sometimes, they just make fun of their situation by cracking jokes – yet, beneath their smiles and laughter is their longing to see and embrace their loved ones.
When their conversation became serious, one by one, the marchers fell silent, and the walk continued without a word being said. It was only when they reached Sta. Rita de Casia Parish in del Gallego that they begin to talk again and "break the ice", so to speak.
They arrived in del Gallego at around 12:30PM, where they were warmly welcomed by the parishioners and some locals from del Gallego.
Shortly upon their arrival, the rain fell.
While waiting for the program to start, they maximized their free time to rest and attend to their personal needs. Some managed to talk and become acquainted with their hosts.
The short program started at exactly 4:00PM. Despite his busy schedule, Hon. Bayani Velez, the mayor of del Gallego, did not miss to visit the Sumilao farmers, and personally delivered his message to them.
The good mayor said that although the people in del Gallego do not personally know the Sumilao farmers, it does not hinder him and his constituents to give their support. According to Mayor Bayani, personal acquaintance with the person who is a victim of injustice is not necessary to entitle him full protection and support.
More than his words, Mayor Bayani provided the Sumilao farmers shelter for the night. It is the least, according to the mayor, that the people of del Gallego can express their solidarity to the Sumilao farmers.
Such gesture was indeed a humble contribution to uplift the morale of the marchers.
Moreover, the Sumilao farmers were treated with good music. The Parish Youth Ministry rendered songs selected for and dedicated to the marchers.
Meanwhile, while the program was on going, 2 lady volunteer medics from Medical Action Group (MAG) and Philippine Red Cross, visited the marchers, checked their blood pressures, and gave medical advice.
While they were preparing for supper, the Sumilao Farmers received a package from Pakisama. To their joy, the package turned out to be new raincoats.
Their support groups include Parish Pastoral Council, Couples for Christ, Philippine Red Cross, PREC, LGU of del Gallego, PAKISAMA and Medical Action Group.
Tomorrow and the day after that, they will continue their walk, rain or shine, until they reach Malacanang.
Call of the Sumilao Farmers:
Reform and Extend the Comprehensive Agrarian Reform Program (CARP)!
It has been 19 years since the enactment of the Comprehensive Agrarian Reform Law (CARL), yet, the fruits of agrarian reform remain to be seen, or to put it squarely, now mostly belongs to Cojuangco and his hogs.
The government has reported an accomplishment of a seemingly impressive 6.4 million hectares – or 79.4% of the target CARP scope of 8.1 million hectares from 1972 to 2005. However, the figures were computed in such a way as to falsely depict the true situation of agrarian reform in the country. The "accomplishments" include lands with registered CLOAs but which have not been turned over to tenants. There is double counting where collective CLOAs and the individual CLOAs are both tallied. In the most brazen cases, there are CLOA holders who still do not occupy the lands. In other instances, titles which have been distributed and accounted for as accomplishment are eventually cancelled.
On top of that, the government's original target scope of 10.3 million hectares in 1988 was severely reduced in 1996 to 8.1 million hectares to accommodate large-scale exemptions and massive land conversions. More than 5.3 million hectares of land were exempted outright from CARP in 1996. The reductions in the scope of public land in turn accommodated vast tracts of government land leased or otherwise controlled by big landlords as cattle ranches, export crop plantations and logging concessions.
Taken as a whole, there are more than 10.2 million marginal farmers, tenants and farm workers, 70% of whom are still landless even at the closing stages of CARP.
The recent moves of President Arroyo and our legislators fail to clue us in on the President's stance with respect to CARP and on whether or not Congress may give CARP another extension: CARP has been lumped with other asset reform programs of the government such as urban land and ancestral domain instead of the usual separate chapter in the recent Medium-Term Philippine Development Plan (MTPDP); the target for land acquisition and distribution (LAD) of private agricultural lands has been reduced to only 100,000 hectares per year; and the legal moves by Congress to stop CARP, to wit, exemptions of big prawn farms, fish ponds and aquaculture areas from CARP coverage, foreign investors' leasing of private lands for up to 75 years, and the proposed 25-year moratorium on CARP implementation in the Mindanao region.
This indicates the Arroyo administration's abandonment of the Constitutional mandate on agrarian reform as provided in Section 4, Article XII of the Constitution, to wit:
"The State shall, by law, undertaken an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing."
The struggle of the Sumilao farmers will be brought to naught unless the agrarian reform program will be extended beyond 2008 and a genuine implementation of land acquisition and distribution (LAD) will be had.
Walk for
21 November 2007
20 November 2007 Sumilao Farmers' Walk
At 5:20 AM, the Sumilao Farmers left
From the start of their walk, the marchers immediately faced heavy rains. But, having walked for more than 5 days with the rain pouring hard on their tattered raincoats, they seemed to get used to such situation that they looked not bothered by the hardship that it entails.
After walking 15 kilometers, they stopped at the Sagrada de Familia Parish, Colakling, Camarines Sur, and ate their breakfast. They feasted and shared the simple meal prepared by the parishioners and support group.
While taking a brief rest at the Parish, Danny Buclasan took the opportunity to share to the parishioners the history of their struggle. A short but lively discussion soon followed when the parishioners started to ask questions. The farmers were happy to note that the parishioners attentively listened to the sharing.
From Coakling, the farmers resumed their walk and reached the
All in all, they traversed a total of 26 kilometers.
While at the parish church, they took some rest. Others maximized the time attending their personal concerns.
It was a difficult day for them, especially so that their "resident" doctor, Dr. Grace Bag-ao (Dok G) was not around to tend to the marchers who are not feeling well. Dok G has to leave the march because of a broken leg. She was rushed to the hospital in
Fortunately, Dok G was able to train some marchers to become paramedics. Through them, the task of individually attending to the health of the marchers became easier.
Hence, in the absence of Dok G, the paramedic team somehow managed to assist those who need medical attention.
When the sun set, and before they partook their dinner, the Sumilao Farmers joined the parishioners who offered to pray the rosary for the blessing and guidance of the farmers. It was a solemn moment. Everyone knelt and asked for guidance as they renew their commitment to continue their struggle - until they reach Malacanang.
By nightfall, most of the farmers have fallen asleep early, but the members of the Team Leaders Pool still convened and planned for their next day's journey. They also agreed on the messages they need to emphasize during media interviews or on occasions where they will be invited to speak before the public.
Today, they are negotiating the roads from Ragay to del Gallego. Tomorrow, they will continue walking until they reach Tabugon.
Revisiting the Sumilao Case:
DAR ABANDONED ITS DUTY MANDATED BY LAW WHEN IT DISMISSED THE PETITION
The Office of the DAR Secretary has the jurisdiction and expertise to decide the cancellation of the conversion order. In the words of former Chief Justice Panganiban, "All controversies on the implementation of the CARP fall under the jurisdiction of the DAR, even though they raise questions that are also legal and constitutional in nature. All doubts should be resolved in favor of DAR, since the law granted it special and original authority to hear and adjudicate agrarian matters."
The foregoing statement has for its basis Sec. 17 of Executive Order No. 229 which states that DAR shall exercise "quasi-judicial powers to determine and adjudicate agrarian reform matters, and shall have exclusive jurisdiction over all matters involving implementation of agrarian reform, except those falling under the exclusive original jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture."
The basis of this quasi-judicial power of DAR is found and has been further clarified by Republic Act No. 6657, thus:
Sec. 50. Quasi-Judicial Powers of the DAR – The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the exclusive jurisdiction of the Department of Agriculture and the Department of Environment and Natural Resources xxx. (underscoring supplied)
In the case at bar, since the law provides that the authority to grant conversion orders lies with the DAR, it is only logical that the authority to revoke or cancel such authority also lies with the DAR. To reiterate, at the risk of being redundant, the DAR has shirked away from its duty to determine whether or not the cancellation of the conversion order is proper given the prevailing circumstances and the clear legal provisions relevant hereto.
The function and mandate of the department secretaries is precisely to assist the President in the implementation of laws. This is exemplified under Section 7 (Powers and Functions of the President) of the Administrative Code of 1987 which states that the Secretary shall:
"(1) Advise the president in issuing executive orders, regulations, and other issuances xxx;
(2) Establish the policies and standards for the operation of the Department pursuant to the approved programs of government;
(3) Promulgate rules and regulations necessary to carry out department objectives, policies, functions, plans, programs, and projects; xxx "
Walk for
20 November 2007
Approaching
Yesterday, 19 November 2007, while the Sumilao Farmers were traversing the whole stretch of Balogo, Sapacao to Tara, Sipocot, they encountered challenges and situations that needed their full attention. One of the marchers, Toto Hapayon, and one from the support groups, Dr. Grace Bag-ao, were rushed in the hospital in
The marchers observed that Toto Hapayon is alarmingly losing weight, while Dr. Bag- ao, fondly called by the marchers as Dok G, suffered a broken shin. She was advised to undergo an operation. .
Like the previous day, the typhoon affected the pace of the marchers. They negotiated the muddy roads from barangay Sapacao to Sipocot, and at certain times, they had to pass flooded streets.
When they reached the day's destination, FUERZA and Social Action Center (SAC) organized a short program intended to educate the locals in the municipality. To better appreciate their struggle, they showed to the public some video documentaries featuring the Walk for
The program was attended by private and other LGU personnel. An inspirational message was solicited from the support groups.
Meanwhile, Sumilao Farmers' support groups in
They used slippers to symbolize the sufferings of the Sumilao Farmers from Bukidnon to
Sumilao Update
19 November 2007
Before starting their walk yesterday, the farmers heard a Eucharistic celebration at 5:00 in the morning. It was the first time that they heard a mass before starting their journey. Usually, they hear masses upon their arrival at the place where they shall stay for the night.
It was perhaps a good start for their day's walk because they were able to endure the harsh weather. Thus, despite the outpouring of heavy rain and strong winds, they arrived safely at Balogo, Pasacao, Camarines Sur, their next stop, with high spirits.
Aside from the bad weather, the place was not very safe, because of the alleged presence of members of the New Peoples Army. Even the members of the Philippine National Police were hesitant to accompany the farmers at the time they entered Sta. Rosa. But, the local priest personally ensured that the farmers shall safely arrive in Balogo.
They arrived at Balogo around lunch time. After eating their lunch, they took a short rest, before starting with their scheduled activity for the afternoon.
First, they had a general assembly where they discussed how they could continue their walk despite the unfriendly weather. For instance, they talked about how many kilometers they should walk if the heavy rains will continue.
It was also discussed in the general assembly who among the marchers shall compose the 'pool of speakers' for the week. This is part of the commitment to enhance their skills in articulating their struggle to the public. And in order to deepen their knowledge on the intricacies involved in their struggle, and to share their individual and collective insights of their journey, they regularly conduct learning sessions.
Later in the afternoon, Mr. Ben Longid, Roland Quilanan, Boyet Ambayec, who introduced themselves as representatives of Senator Gringo Honasan, visited the farmers and gave the senator's donation.
Before retiring to sleep, there was a meeting of the team leaders, where they assessed the disposition and feeling of each and every marcher. It came out that all of them are still very much willing to continue, despite physical stress, and emotional pain for missing their family.
Partial
Camarines Norte
20 November - Sipocot to Ragay - 31 kilometers
21 November - Ragay to del Gallego - 30 kilometers
22 November - del Gallego to Tabogon - 20 kilometers
23 November - Tabogon to Lopez - 32 kilometers
24 November - Lopez to Gumaca - 20 kilometers
25 November - Gumaca to Atimonan - 33 kilometers
26 November - Atimonan to Lucena - 30 kilometers
27 November - Lucena to Tiaong - 37 kilometers
Laguna
28 November - Tiaong to
29 November - San Pablo to Los Baños - 21 kilometers
Revisiting the Sumilao Case:
Petitioners are the community residents and qualified agrarian reform beneficiaries (ARBs) who are directly affected by the conversion
The petitioners in this case are landless farmers, farmworkers, and community residents in San Vicente, Sumilao, Bukidnon. Being such, they undoubtedly have a paramount interest on the instant petition as they are the immediate community residents who are directly affected by the conversion of the land. Being such, they undoubtedly have a paramount interest on the instant petition.
Further, the petitioner-farmers being the landless residents of San Vicente, Sumilao, are the qualified farmer beneficiaries under the Comprehensive Agrarian Reform Law:
SEC. 22. Qualified Beneficiaries. – The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority:
agricultural lessess and share tenants;
regular farmworkers;
seasonal farmworkers;
other farmworkers;
actual tillers or occupants of public lands;
collective or cooperatives of the above beneficiaries; and
others directly working on the land.
It is also worth mentioning that petitioners Paterno Tuminhay and Renato Peñas are the incumbent Barangay Kagawads of San Vicente, Sumilao, Bukidnon, hence, they have the moral and political obligation to be vigilant on matters affecting their jurisdiction.
On this note, several DAR policy issuances pertinent to protest to conversion of agricultural lands recognize the legal standing of the community residents and landless farmers on the matter:
DAR Administrative Order No. 1, series of 1990
Article VIII. "Protest or opposition against the application for conversion may be applied by any person who may be displaced with the Provincial Agrarian Reform Adjudicator (PARAD) xxx"
DAR Administrative Order No. 12, series of 1994
Article XIV. "The Regional CLUPPI shall evaluate written protest filed by any person who may be displaced or affected by the proposed land use conversion"
DAR Administrative Order No. 1, series of 1999
Article IV. Section 18. Who May File. – Any person who will be displaced or directly affected by the proposed land use conversion such as occupants, tenants, farmworkers, identified beneficiaries, bona fide residents of adjoining properties or communities may file a written protest against the application for conversion xxx Provided, that in case the protestant or oppositor is an identified beneficiary under the agrarian reform program of the land applied for and who failed to file a written protest within the said period due to fraud, accident, mistake or excusable neglect, he shall have the right to intervene at any time during the pendency of the application.
DAR Administrative Order No. 1, series of 2004
Section 16. Protest. Persons affected by the proposed land use conversion, such as identified beneficiaries, farmers, agricultural lessees, share tenants, actual tillers, occupants or residents of adjoining properties or communities, may file a written protest xxx. An oppositor who is an identified Agrarian Reform Beneficiary (ARB) of the land applied for conversion, and who failed to file a written protest within the period due to FISTS, may intervene at any time during the pendency of the application
Although the above-cited provisions refer to the legal standing of identified beneficiaries, farmers, agricultural lessees, share tenants, actual tillers, occupants or residents of adjoining properties or communities to protest to applications for conversion of agricultural lands, the same principle applies to petitions for cancellation of approved conversion orders.
The present petition for cancellation of the conversion order is synonymous to a protest by the community residents and landless farmers themselves who were directly affected by the failure of NQSRMDC and its successor-in-interest SMFI to comply with the conditions of the conversion order to the great detriment of the community residents and landless farmers who could have benefited from the land which remained idle and uncultivated for 10 years.
The fact the SMFI plans to illegally transform the whole 144-hectare property into a piggery farm right in the midst of the farmers' residents, in violation of the authorized development plan in the conversion order, raises immediate concern to the petitioners. The active participation of the actual residents and the landless farmers in filing the instant petition, as they are the ones who are directly affected thereby, confirms their legal standing to petition its cancellation.
The petitioners also bring the instant petition under the doctrine of intergenerational responsibility as enunciated in the case of Oposa vs. Factoran. Essentially, the principle means that we hold the natural resource treasures of the earth in trust for the benefit, enjoyment and use of the generations of humankind yet to come. Petitioners herein, as the actual residents and qualified farmer-beneficiaries of the 144-hectare land, represent not only themselves but also future generations who are directly affected by NQSRMDC and SMFI's illegal conversion of the land, and who are the future beneficiaries thereof.
Furthermore, the effect of granting the petition for revocation of the conversion order is the reversion of the land to the status of agricultural lands and shall be subject to CARP coverage as circumstances may warrant. The petitioners and their future generations will be the beneficiaries of the subject land's CARP coverage under Section 22 of RA 6657. The cancellation of the Conversion Order will result in the reversion of the land to agricultural use which is coverable under CARP. In other words, the cancellation of the Conversion Order will redound to the benefit of the Sumilao Farmers and their future generations, otherwise, they will suffer the consequences if the Conversion Order will be upheld
Reflection of
November 16, 2007
This morning my wife, Leni and I, together with hundreds of other symphatizers joined the Sumilao Marchers from the
Looking back, I must say that the
The marchers included old women, young men and simple folks who are victims of the inequities in our society. While many of us would have given up the fight if we were in the same situation, they have hang on to that slim hope that their grievances would be addressed if they try "hard enough". We hope and pray that their pleas will be heeded. But even if they won't be, I believe they still have succeeded. Many times in the past, we have closed our eyes on the injustices and inequities in our midst. The marchers have reminded us, that the least we could do is to stand up and be counted. Oftentimes, we hesitate because we are afraid to displease people who we might need to count on, at a future time. (This is especially true with politicians!). But if only we can right the wrong now, probably we might not have the need for them in the future as they no longer have the influence over us. The Sumilao March mirrors the general picture of our society today. Poor people continue to suffer. Influential people, fearful of the loss of their pelf and influence, idly sit back and watch where the wind will blow before they cast their lots. Meanwhile, the decision makers wait for these influential people to make their move so they can fittingly respond. This is how I look at the Sumilao problem. This is how problems of inequities come to be.
The Sumilao march is scheduled to end in Malacanang before the second week of December, after covering 1500+ kilometers. I do not know what awaits them. But I am certain of one thing. They have restored my faith in the Filipino human spirit. They may not be as many as I would have wished them to be. But they have sown the seeds — if not in the many places they have marched through, at least they have done so in
Walk for
18 November 2007
16 November 2007
The Sumilao Farmers traversed a total of 20 kilometers from the
Donations from community folks are still prevalent. The marchers received supports in money and in kind. Such overwhelming supports were highly appreciated. It certainly lifted the hearts of the farmers.
The Sumilao Farmers were joined by different like-minded groups in the day's walk. They were Lakas ng Kababaihan, Naga City Peoples' Council LGU, SALIGAN, Coalition for Bicol Development, Coca-Cola Workers' Union-Bicol Region, Casureco Fraternity and Kumon.
The highlight of the day was when the Sangguniang Panglungsod of Naga City Unanimously approved Resolution No. 2007-347, Declaring Solidarity and Support to the Quest of Lumad Farmers of Sumilao, Bukidnon to Recover Their Land.
The message of the Resolution was that the Sangguniang Panglungsod of
At the end of the day, the farmers rested with a smile on their faces and likewise hope that these supports will soon be translated to a tangible government action distributing the disputed 144-hectare land in Sumilao, Bukdinon to them.
17 November 2007
The following day, the Sumilao Farmers started walking at around 4:35AM negotiating the stretch of
They had a stop over in the
They arrived in St. Rose Ublima, Brgy. Sta. Rosa del Norte, Camarines Sur at around 2:00PM. They were welcomed by the locals with a warm welcome party. The Sumilao Farmers got acquainted with the people who visited them. They got to know Ragay and Limbanan Farmers, Bicol Christian Life Community, LGu of San Fernando,
A small program was likewise conducted where it was actively participated by the LGUs of San Fernando. To educate the public, Rene Peñas delivered a short message stressing the history of the Sumilao Farmers' struggle. Rev. Fr. Mike dela
The short program was concluded with a reflection from the farmers that what they are asking is the 144-hectare land that is legally theirs.
Revisiting the Sumilao Case:
Petitioners are the community residents and qualified agrarian reform beneficiaries (ARBs) who are directly affected by the conversion
The petitioners in this case are landless farmers, farmworkers, and community residents in San Vicente, Sumilao, Bukidnon. Being such, they undoubtedly have a paramount interest on the instant petition as they are the immediate community residents who are directly affected by the conversion of the land. Being such, they undoubtedly have a paramount interest on the instant petition.
Further, the petitioner-farmers being the landless residents of San Vicente, Sumilao, are the qualified farmer beneficiaries under the Comprehensive Agrarian Reform Law:
SEC. 22. Qualified Beneficiaries. – The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority:
- agricultural lessess and share tenants;
- regular farmworkers;
- seasonal farmworkers;
- other farmworkers;
- actual tillers or occupants of public lands;
- collective or cooperatives of the above beneficiaries; and
- others directly working on the land.
It is also worth mentioning that petitioners Paterno Tuminhay and Renato Peñas are the incumbent Barangay Kagawads of San Vicente, Sumilao, Bukidnon, hence, they have the moral and political obligation to be vigilant on matters affecting their jurisdiction.
On this note, several DAR policy issuances pertinent to protest to conversion of agricultural lands recognize the legal standing of the community residents and landless farmers on the matter:
- DAR Administrative Order No. 1, series of 1990
Article VIII. "Protest or opposition against the application for conversion may be applied by any person who may be displaced with the Provincial Agrarian Reform Adjudicator (PARAD) xxx"
- DAR Administrative Order No. 12, series of 1994
Article XIV. "The Regional CLUPPI shall evaluate written protest filed by any person who may be displaced or affected by the proposed land use conversion"
- DAR Administrative Order No. 1, series of 1999
Article IV. Section 18. Who May File. – Any person who will be displaced or directly affected by the proposed land use conversion such as occupants, tenants, farmworkers, identified beneficiaries, bona fide residents of adjoining properties or communities may file a written protest against the application for conversion xxx Provided, that in case the protestant or oppositor is an identified beneficiary under the agrarian reform program of the land applied for and who failed to file a written protest within the said period due to fraud, accident, mistake or excusable neglect, he shall have the right to intervene at any time during the pendency of the application.
- DAR Administrative Order No. 1, series of 2004
Section 16. Protest. Persons affected by the proposed land use conversion, such as identified beneficiaries, farmers, agricultural lessees, share tenants, actual tillers, occupants or residents of adjoining properties or communities, may file a written protest xxx. An oppositor who is an identified Agrarian Reform Beneficiary (ARB) of the land applied for conversion, and who failed to file a written protest within the period due to FISTS, may intervene at any time during the pendency of the application
Although the above-cited provisions refer to the legal standing of identified beneficiaries, farmers, agricultural lessees, share tenants, actual tillers, occupants or residents of adjoining properties or communities to protest to applications for conversion of agricultural lands, the same principle applies to petitions for cancellation of approved conversion orders.
The present petition for cancellation of the conversion order is synonymous to a protest by the community residents and landless farmers themselves who were directly affected by the failure of NQSRMDC and its successor-in-interest SMFI to comply with the conditions of the conversion order to the great detriment of the community residents and landless farmers who could have benefited from the land which remained idle and uncultivated for 10 years.
The fact the SMFI plans to illegally transform the whole 144-hectare property into a piggery farm right in the midst of the farmers' residents, in violation of the authorized development plan in the conversion order, raises immediate concern to the petitioners. The active participation of the actual residents and the landless farmers in filing the instant petition, as they are the ones who are directly affected thereby, confirms their legal standing to petition its cancellation.
The petitioners also bring the instant petition under the doctrine of intergenerational responsibility as enunciated in the case of Oposa vs. Factoran. Essentially, the principle means that we hold the natural resource treasures of the earth in trust for the benefit, enjoyment and use of the generations of humankind yet to come. Petitioners herein, as the actual residents and qualified farmer-beneficiaries of the 144-hectare land, represent not only themselves but also future generations who are directly affected by NQSRMDC and SMFI's illegal conversion of the land, and who are the future beneficiaries thereof.
Furthermore, the effect of granting the petition for revocation of the conversion order is the reversion of the land to the status of agricultural lands and shall be subject to CARP coverage as circumstances may warrant. The petitioners and their future generations will be the beneficiaries of the subject land's CARP coverage under Section 22 of RA 6657. The cancellation of the Conversion Order will result in the reversion of the land to agricultural use which is coverable under CARP. In other words, the cancellation of the Conversion Order will redound to the benefit of the Sumilao Farmers and their future generations, otherwise, they will suffer the consequences if the Conversion Order will be upheld.
Walk for
16 November 2007
PDCI Supports Sumilao Farmers
Though with only a limited night rest, the Sumilao Farmers together with their support groups woke up at around 3:00AM and started to get ready for another walk. They left
They stopped for a while in Brgy. Balangibang, Polangui, Albay for their breakfast. They feasted with mongos and tinapa. Then after a few minutes of rest, they hurriedly continued walking.
From the start of the day's walk, the marchers endured the heavy rains. Their raincoats seemed of no use because those raincoats were already tattered. They were all soaked and wet, but it did not affect their endurance and courage to reach Malacanang and their ultimate goal in this struggle – the 144-hectare landholding in Sumilao, Bukidnon.
One of the marchers, Ka Oting, suffered from mild cramps. Because of the situation, the group decided to rest for a while.
Because of heavy rains, the advance party asked the LGU of Nubao if they could provide a space for the marchers as they intend to have early lunch. Without any second thought, said LGU agreed. When the marchers reached the Nubao, they were warmly welcomed by the locals. The marchers felt moved with the hospitality and friendly gestures from the people in Nubao. Some even got acquainted with the marchers.
At Portico, Camarines Sur, a group of farmers from Pecuaria Development Coop., Inc. (PDCI) met, joined and accompanied the marchers going to Lanipga, Bula, Camarines
Like the Sumilao Farmers, PDCI is a farmer organization with 426 members who were once farmer beneficiaries of 817-hectare landholding in Lanipga, Bula, Camarines
The members of PDCI expressed solidarity with the Sumilao Farmers that they too will someday also own and possess the 144-hectare land in Sumilao, Bukidnon.
They finally arrived in the venue after walking for approximately 42 kilometers. PDCI prepared a short program where representatives from PAKISAMA, PDCI, DAR and DA gave their touching messages of solidarity. In response and on behalf of the Sumilao Farmers, Ka Rene Peñas, delivered a speech delving on the history of their struggle and concluding his discourse with gratefulness for the support extended.
Revisiting the Sumilao Case:
The farmers were previously granted the ownership of the 144-hectare land by virtue of the Certificate of Land Ownership Awards (CLOA) issued in their names
We should not lose sight of the fact that the petitioners are the former holders of a Certificate of Land Ownership Award No. TCT/CLOA No. 00240227 issued to 137 MAPALAD farmer-beneficiaries in 1995, long before the proceedings before the Supreme Court in the Fortich case. The TCT/CLOA was even registered before the Register of Deeds in the same year.
In fact, by virtue of the "Win-Win Resolution" issued by the Office of the President through Executive Secretary Corona, the farmers were again identified as the qualified farmer-beneficiaries for the 100-hectare portion of the subject land. Applications to Purchase and Farmers' Undertaking (APFUs) were duly executed by the farmers recognizing their existing right to ownership of the land.
The mere fact that the farmers were identified twice as beneficiaries under a valid and existing law, the Comprehensive Agrarian Reform Law (RA 6657) undoubtedly confirms their right to the subject property. Their TCT?CLOA was cancelled precisely as a result of the issuance of the conversion order, which this present petition seeks to cancel. It does not take any legal reasoning to conclude that these petitioners stand to benefit from the resolution of this petition. They have every right to be the beneficiaries of the subject land's CARP coverage under Section 22 of RA 6657.
Based on the foregoing, it is the petitioners who now have the highest interest to petition for the cancellation of the approved conversion order for non-compliance and violations thereof, especially that it is they who have been previously stripped off of their ownership of the 144-hectare land. Herein petitioners were the ones who were most injured by the Supreme Court Decision in Fortich as they were removed from the land already granted to them by the government. Petitioners have undoubtedly have a legal standing to the instant petition as the success thereof necessarily means the CARP coverage of the subject properties and the consequent distribution thereof in their names.
Walk for
15 November 2007
Walk for
920 Kilometers in 36 Days
At 4:30 am yesterday , the Sumilao farmers started to walk the distance of 22 kilometers from Daraga, Albay to
They rested and ate their lunch at St. Stephen Protomartyr Parish, an ancient church built in 1818.
After taking their lunch, they attended to their personal needs. Some decided to sleep, others washed their clothes, massaged their feet, while others talked with the local parishioners
At 5:00 in the afternoon, they heard a regular mass officiated by Fr. Bob Banares and Fr. Ton Pet Ballares. They talked to the farmers after the mass, and generously gave the amount received from the offering to the farmers.
By nighttime, some officers of the Department of Agrarian Reform (DAR) and employees of Ligao city, headed by its administrative officer, visited the farmers. BINHI-PAKISAMA, a people's organization in the city, prepared the dinner for the farmers. UNORKA, another peasant group in the city also visited the farmers and gave their support.
Before sleeping, the farmers had a short gathering to discuss the plan for the walk the following day.
Probably due to physical exhaustion, many of the farmers did not sleep well. Some were heard talking on their sleep, while few others sobbed.
To date, the farmers have already covered 920 kilometers, which is more than half the distance of their total journey from barangay San Vicente, Sumilao in Bukidnon to
Yesterday also marks their 36 th day of walk.
On their 36 days of walking, three of the marchers celebrated their wedding anniversaries on the road. Last October 11, the second day of their walk, Roberto Rosente celebrated his 8th wedding anniversary. On November 8, while they were in
Their families in Sumilao, Bukidnon just lighted a candle to remember such important occasion in their life.
13 November 2007
At around 10 am on November 13, the farmers arrived in Daraga, where they were warmly welcomed by PAKISAMA-Daraga, Mayor Ching Triumpante and Vice Mayor Len Magayanes and other officers and employees of the city government, the Daraga Parishes, and the seminarians of the Diocese of Legazpi and
They arrived in said city after walking 20 kilometers from the
A mass was celebrated to uplift the spiritual spirits of the marchers. Four priests facilitated said mass, namely: Rev. Father Ramoncito Segubiense, Rev. Msgr. Noe 'Weng' Thomas, Rev. Fr. Marlon Bron and Rev. Joseph Salando.
After the mass, they held a program initiated by the local government of
The program helped to uplift the morale of the Sumilao farmers. The Vice-Mayor stressed that she will always support the struggle of the Sumilao Farmers. They learned that the vice mayor was once a fellow paralegal of PESANTEch (a coalition of law groups composed of SALIGAN, KAISAHAN, and BALAOD-Mindanaw). She was also among the individuals who visited them during their hunger strike 10 years ago.
The culmination of the program was the messages of solidarity from various groups who attended the program – PAKISAMA-Bicol (Binhi-Albay, MAGSAKA-Cam. Sur., FMPC-Iriga City, FUERSA-Pasacao), SAC Legazpi, AMIGA-Daraga, Alcala Farmers' Association, DAR Province, DA, DSWD, LGU-Daraga, DOH, PNP, Matis Salutis College Seminary, Daraga Community College, Cope Foundation and Marriage Encounter Group-Choir.
Revisiting the Sumilao Case:
Sumilao Farmers as Qualified Beneficiaries
Republic Act 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL) is a social legislation enacted primarily to respect, protect, promote and fulfill the basic human rights of the farmers, particularly those who are landless. Two of the salient features of the law are its comprehensive definition of Agrarian Reform and the enumerated qualifications before a farmer could benefit under the Comprehensive Agrarian Reform Program (CARP).
The law defined Agrarian Reform in the Philippine context and not of another. Agrarian Reform, accordingly to the law, is the redistribution of lands, regardless of crops or fruits produced to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, it includes the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical distribution lands, such as production or profit sharing, labor administration, and distribution of shares of stock, which will allow beneficiaries to receive a just share of the fruits of the land they work.
The law further says that the land to be distributed should be agricultural land, and the same shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority: a) agricultural lessees and shared tenants; b) regular farmworkers; c) seasonal farmworkers; d) other farmworkers; e) actual tillers of occupants of public lands; f) collectives or cooperatives of the above beneficiaries; and g) other directly working on the land.
Based on the foregoing, the Sumilao Farmers are without doubt qualified CARP beneficiaries. Though there are no agricultural lessees and shared tenants in the disputed land, the Sumilao Farmers were once regular farmworkers of the Quisumbings. They are likewise actual residents of Brgy. San Vicente, Sumilao, Bukidnon where the landholding is situated. The land is prime agricultural land and they were occupying and personally tilling the land.
Not to mention that the land was owned and originally possessed by the ancestors of the Sumilao Farmers – the Higaonons. Legally and logically, the land should be given to the Sumilao Farmers. But because of the influence, money and capacity of few influential personalities, they were able to circumvent the law and became successful in grabbing the said land.
It is sad to note that up to this date, they are being deprived of the land that is from time immemorial, legally theirs.
The Call of the Sumilao Farmers:
Revoke the Conversion Order which allowed the Land Conversion!
Enraged by the evils that Quisumbing and Cojuangco have committed, the Sumilao Farmers, led by 28 MAPALAD Farmers together with 90 SALFA Landless Farmers, filed a petition for the Cancellation of the Conversion Order before the DAR Secretary on 3 November 2004. The petition is based on the following grounds:
· Non-compliance with the conditions of the conversion order;
· Failure to commence any development work on the property within 1 year from the issuance or the finality of the Conversion Order on August 25, 1999;
· Non-completion of the development plan on the property within 5 years from the issuance or the finality of the Conversion Order on August 25, 1999;
· Failure to submit written request for extension within 6 months before the lapse of the 5 year period;
· Failure to submit quarterly reports on the status of the development to the MARO, PARO and the DAR Regional Office as required by the Rules;
· Non-observance of the conditions for the use of the land as authorized in the Conversion Order by Quisumbing and his successor-in-interest, SMFI; and
· Unauthorized change of use of the land from the development plan as approved in the Conversion Order to a 144-hectare piggery farm without the prior consent from the DAR.
It is worth mentioning that the present petition does not assail the previous Supreme Court decion approving the Conversion Order as it has already gained finality. On the contrary, the Sumilao Farmers contend that the conditions of the Conversion Order are but proper.
Legal Standing of the Sumilao Farmers is beyond doubt
The ancestors of the Sumilao Farmers have been working on the land since time immemorial. Even after they were forcibly evicted by unscrupulous landowners from their very own land, they worked as farm laborers under Quisumbing and later for Del Monte for several years. In fact, the Sumilao Farmers were declared the owners of the 144-hectare land by virtue of the Certificate of Land Ownership Award duly given to them by the government in 1995. If not for the illegal conversion of the land as approved by the Office of the President, the Sumilao Farmers would have remained as absolute owners thereof. Without doubt, the Sumilao Farmers have a real interest in the status of the 144-hectare land.
The previous Supreme Court decision which stated that the MAPALAD Farmers do not have legal standing in the case because they were merely "recommendee farmer beneficiaries" does not affect their legal standing in the present petition as the same was merely an obiter dictum, not the ratio decidendi of the case. Ration decidendi is an analysis of what the court actually decided on and is essentially based on the legal points over which the parties in the case actually contend. All other statements about the law in the text of a court opinion are obiter dicta which are not rules for which the particular case stands.
The Supreme Court decision was purely based on technical grounds, to wit, the failure of the DAR to appeal the case on time. All other pronouncements in the previous Supreme Court decision, including the legal standing of the MAPALAD Farmers, are merely obiter dictum.
Today and Tomorrow
Today, they are currently traversing the stretch of
Walk for Sumilao Land
13 November 2007
Solar Drier
12 November 2007
Yesterday's Walk for
The ranks of the Sumilao Farmers for the whole march was peaceful and in order. Rene Peñas was assigned to lead the marchers.
The by-standers noticed a different hat of the farmers. Eventually it became a long-running joke when they realized that those were the under wears of the marchers. Most of them brought with them a pair of under wear and they usually wash their dirty clothes including undies at nighttime. They do not have any time to hang their clothes that's why some of them put their under wears on their heads while walking. They call this 'solar drier'. They usually do this in their homeland in Sumilao, Bukidnon especially when they have to go farming for days. It is for them a normal practice.
Dr. Grace Bag-ao, the marchers' "resident" doctor is currently worried of their their health. Most of the farmers are suffering from cough and colds because of the weather. Rain or shine, the farmers are continuously walking. To lessen their pains and suffering, they regularly take their vitamins and some other 'over-the-counter' medicines. Aside form that, every night, the farmers are paired and each of them was encouraged to massage their partners.
The farmers are likewise suffering from skin friction (halas/pilas) between their thighs (singit). And this makes their pace slower. Dr. Jeffrey Ramos from Davao Medical School Foundation advised the farmers to apply petroleum jelly to the affected areas. He also suggested to wear tights or cycling shorts. On this regard, the farmers are badly in need of petroleum jelly and since cycling shorts are too expensive, they are requesting panties. (They said panties during these times are more comfortable to wear than briefs.
They spent the night in the Holy Family Parish in Brgy. Putiao, Pilar, Sorsogon.
Sumilao Farmers' Support Groups in Manila
Meanwhile, some support groups of the Sumilao Farmers together with Peter Tuminhay and Quirico Ligmon are currently doing simultaneous initiatives in support of those who are currently walking. Yesterday, they had a meeting with Congressman Bulut and DAR Sec. Nasser Pangandaman regarding CARP Extension. Then they attended the meeting of the House of Representatives Committee on Agrarian Reform.
Right after the two above said meetings, they again met with Cong. Bulut. During the meeting, Quirico Ligmon, one of the Sumilao Farmers, appraised those in attendance of the chronology of events with respect to the Sumilao case and the current petition for cancellation of the conversion order. Cong. Bulut responded as he expressed awareness of the Sumilao Campaign and mentioned how the marchers' plight is deplorable. Ligmon also informed the legislator that the Sumilao Farmers are expected to arrive in
Revisiting the Sumilao Case:
The Instant Case id Different from the Supreme Court Case of Fortich vs. Corona
The instant Petition involves a new case with a totally different cause of action from the first Office of the President (OP) case with No. 96-C-6424, issued by then Executive Secretary Ruben Torres, granting NQSRMDC's application for the conversion order. The first OP case pertains to the approval of the conversion order of the subject land which was affirmed by the Supreme court in the case of Fortich vs. Corona.
It is important to clarify that the instant case does not seek to assail the abovementioned Decision of the Office of the President. Rather, this Petition is a separate though related remedy provided under the law; revocation of the conversion order because NQSRMDC and/or SMFI failed and continues to fail compliance with the conditions in the conversion order, both those NQSRMDC itself has enumerated in its approved application and those legal provisions and administrative issuances necessarily attached to said conversion order.
That matter being clarified, petitioners hereby assert that the Supreme Court case Fortich vs. Corona does not serve as an obstacle to the determination of this petition, as opposed to the assertion of the respondent SMFI and as articulated by this Honorable Office of the President in its Decision dated 3 October 2007, based on the following reasons:
- The petition for revocation is not barred by res judicata because the Fortich vs. Corona decision was not an adjudication on the merits;
- There is no identity between the causes of action in the said case and in the instant Petition for Cancellation of the Conversion Order;
- The Petition for Cancellation is not barred by conclusiveness of judgment; and
- The petitioners have legal standing in the instant case
The Call of the Sumilao Farmers:
Restore the Dignity of the Sumilao Farmers
Notwithstanding their loss in the Supreme Court be mere technicality, the Sumilao Farmers' commitment of regaining their ancestral land was never diminished. In fact, it even strengthened the MAPALAD Farmers towards their advocacy for fenuine agrarian reform.
The Sumilao Farmers established the MAPALAD Multi-Purpose Cooperative (MPC) in order to reinforce their organization. Further, MAPALAD campaigned for the CARP coverage of the adjacent Salvador Carlos Estate which is still part of their ancestral land. Subsequently, a CLOA was issued to the MAPALAD Farmers making them the owners of the land. Salvador Carlos initially opposed the distribution of his land to the farmers and barrage of cases ensued before the courts. The MAPALAD Farmers were criminally prosecuted for Grave Coercion when they attempted to possess their own land. Several farmer leaders were imprisoned in jail.
With divine providence, Salvador Carlos eventually understood the plight of the MAPALAD Farmers and their basic desire to have a piece of land to call their own. In his last will, Salvador Carlos agreed to subject the land for coverage under CARP with the Sumilao Farmers as beneficiaries. They finally regained a portion of their ancestral land. But it was not that easy for the MAPALAD Farmers. Francisco Reyes, the administrator of Salvador Reyes, refused to heed the Voluntary Offer for Sale (VOS) submitted by Salvador Carlos to the farmers. When the MAPALAD Farmers initiated their land occupation of the property, Reyes brought several armed men to harass the farmers. But the latter persisted in successfully occupying the land. The family of Salvador Carlos even joined their thanksgiving mass where they gave the farmers rosaries and a statute of the Virgin Mary. It was a momentous event for the MAPALAD Farmers and the Carlos Family.
The MAPALAD Farmers immediately cultivated the cherished land. The cooperative, with 78 farmer beneficiaries, employed a communal farm development wherein each member was allocated a farm lot ranging from .450 to .900 hectare depending on their participation in the MPC's projects. A portion thereof was allocated for a communal farm support community development projects such as farm technology, gender sensitivity trainings, and paralegal formation activities. Despite the inadequacy of the 66-hectare land for at least 137 growing households, the MAPALAD Farmers proved that they can develop the fullest potential of the land for agricultural productivity and at the same time for the advancement of the whole community.
Not only that, the MAPALAD Farmers also encouraged the formation of another peasant group in San Vicente, Sumilao which led to the establishment of San Vicente Landless Farmers Association (SALFA) composed of 90 farmers, 90% of whom belongs to the Higaonon Tribe. Several members of SALFA are the children of the MAPALAD Farmers and the rest are the other farmers and farmworkers residing in the barangay. The MAPALAD Farmers also would want the SALFA members to carry on their struggle for a genuine agrarian reform and their dream of possessing a precious land that is actually theirs in the first place.
All the SALFA members are landless. Apparently, the 66-hectare Carlos Estate distributed to the MAPALAD Farmers is not enough for more than 400 farmer-residents in Sumilao. There are many farmers who are still landless amid some cherished victories on the Carlos land. They merely depend on a Php50.00 to Php 80.00 labor pay per day during harvest season. Outside the harvest season, they engage in broom making where they are paid Php 1.00 per broom. This meager earning could hardly provide food for their family. Not one of them had completed their schooling. The SALFA members also dreamt of one thing – a land of their own.
The Fellowship of the 144-hectare land in Sumilao
The following were the support groups yesterday:
· SANDIGAN;
· Municipal Government of Pilar, Sorsogon;
· Cope Foundation;
· PAKISAMA
·
· Congregation of Security of Our Lady of the Holy Trinity
Today and Tomorrow
The Sumilao Farmers are currently negotiating the roads from Pilar to Daraga with 23 kilometers. Tomorrow, they will proceed to
Urgent Appeal
The Sumilao Farmers are requesting for petroleum jelly and panties.
Walk for Sumilao Land
12 November 2007
Walk for Sumilao, Walk for the Peasantry
The Walk for Sumilao Land
11 November 2007 is the Sumilao Farmers' 2nd day of walk in the
The marchers saw some vast of farms along the way. They saw their fellow farmers tilling and developing their respective lands. Some of these local farmers approached and chatted up the marchers. The local farmers learned that though the issue on repression and infringement of the small farmers' rights are prevalent, somehow, they find that in a way, they are still in a better position and condition compared to the others.
The Sumilao Farmers left the local farmers with an assurance that they will finish and continue to advocate the extension and reformation of CARP.
On their way to
The following farmer organizations joined the Sumilao farmers toward Sorsogon city: PANGOPOD, BAP, LPKI-SCUPFI, CBTG and Coastal Core. These organizations have been waiting for the arrival of the Sumilao Farmers inLuzon for quite some time; They wanted to show their support and solidarity with the marchers.
The rest of the walk went smooth; by-standers and motorists kept on shouting chants and messages of solidarity with the Sumilao Farmers.
For some reason or another, the pace of the marchers was faster compared to the previous days. They arrived in
Two of The Sumilao Farmers, Yoyong and Toto, maximized the presence of some members of the local media. In an interview with Radyo Natin, they explained the history and reason why they decided to walk from Bukidnon to
They stayed in the Diocese Pastoral Center of Sorsogon City where the city's Social Action Center (SAC) attended to their personal needs.
Revisiting the Sumilao Case:
Cancellation and/or Revocation of the Conversion Order Issued to Quisumbing is Proper
Despite the lapse of more than five (5) years from the time the conversion order became final and executory (25 August 1999), NQSRMDC and its successor-in-interest, SMFI, failed to initiate or undertake any single development work in the area, in violation of the conditions of the conversion order pursuant to the rules governing conversion.
Be it noted that when NQSRMDC applied for conversion of the land from agricultural to agro-industrial, it included the following project proposals in its development plan otherwise known as the Bukidnon Agro-Industrial Development Association (BAIDA):
Development Academy of Mindanao which constitutes the following: Institute for Continuing Higher Education; Institute for Livelihood Science (Vocational and Technical School); Institute for Agribusiness Research; Museum, Library and Cultural Center which covers an area of 24 hectares;
Bukidnon Agro-Industrial Park which consist of corn processing for corn oil, corn starch, various corn products; rice processing for wine, rice-based snacks, exportable rice; cassava processing for starch, alcohol and food delicacies; processed and prepared food market; cold storage and ice plant; cannery system; commercial stores; public market, and abbatoir needing about 67 hectares;
Forest Development includes open spaces and parks for recreation, horseback riding, memorial and animals (mini zoo) estimated to cover 33 hectares;
Support Facilities include the construction of a hotel (360 rooms), Restaurants, Dormitories and Housing Project covering an area of 20 hectares;
Mindanao Sports Development Center that includes facilities that shall qualify for international competitions such as: track and filed oval, baseball and softball, tennis courts, basketball courts, swimming pools, equestrian court, games of chance – billiard, bowling, etc.; and
Commercial Mall
A careful perusal of the facts would show that applicant NQSRMDC failed to comply with the strict regulations on conversion of agricultural lands. The proposed hog project by SMFI is very different from the approved development plan by the applicant NQSRMDC.
The Fellowship of the 144-hectare Land in Sumilao
The Sumilao Farmers would like to thank Laan Para sa Kinabukasan Inc., ITF, Batit Anay Project, Diocese of Sorsogon thru Sorsogon Social Action Foundation Inc. (SSAFI), and PANGODPOD Inc. for the statement they released extending their support and solidarity with the Sumilao Farmers.
The Sumilao Farmers would also want to thank those farmer organizations who joined them - PANGOPOD, BAP, LPKI-SCUPFI, CBTG and Coastal Core; Bishop Arturo Bastes for his warm welcome when they reached
Today and Tomorrow
The Sumilao Farmers are on their way to the
Walk for Sumilao, Walk for Justice
11 November 2007
Its Bicol Express for the Sumilao Farmers
The struggle of the Sumilao Farmers in claiming their 144-hectare land in Sumilao, Bukidnon has inspired other farmer organizations to continue the struggle of the whole peasantry in the country.
Yesterday, the farmers negotiated a stretch of 27 kilometers from the
During their sharing, the Sumilao farmers and the farmers who joined the march were all in agreement that the strengthening of the support groups is crucial in the success of the struggle. The Sumilao Farmers shared that the 60-day walk from Bukidnon to
Now, on their second day of walking in
The DAR in the province, like its provincial offices in
- Restore the Dignity of the Sumilao Farmers!
- Revoke the Conversion Order!
- Reclaim the Land!
- Reform and Extend the Comprehensive Agrarian Reform Program (CARP)!
- Recognize the need for a
Meanwhile, the support groups gave their respective messages of support to the Sumilao Farmers. The messages delved on the similarities of their issues and problems; that they admire the perseverance and determination of the Sumilao Farmers; and that all of them support the struggle of the marchers.
Also, the Sumilao Farmers observed that the locals of Matnog to Irosin were knowledgeable, in fact well-versed, in agrarian reform issues. Their discussion was lively because most of them freely shared their ideas and insights.
By nightfall, the marchers proceeded San Mateo Hot and Cold Resort located at Brgy. Monbon, Irosin. They were surprised to see that there were high school students from the
A mass was also celebrated, organized by Sister Frances Grace and some other sisters from the Congregation of Holy Spirit. The Sumilao Farmers were surprised to know that ten years ago, Sister Grace joined them once in their hunger strike in front of the DAR National Office in
Before going to bed, the Sumilao Farmers dived in the spring. Most of them chose the warm and relaxing effect of the hot spring, while some, particularly the younger ones, dived in the cold spring.
Revisiting the case of the Sumilao Farmers:
Quisumbing and/or SMFI Changed the Authorized Use of the Land
To make thing worse, once more fooled the Sumilao Farmers by selling the 144-hectare ancestral land to San Miguel Foods, Inc. (SMFI), the biggest conglomerate in the country owned by no less than Danding Cojuangco.
Such act only reveals that Quisumbing either did not have the interest nor the capacity to implement the approved agro-industrial plan. It could be surmised that Quisumbing did not plan to develop the said land in the first place. Otherwise, changes or improvements woule have taken p[lace immediately. Rather, Quisumbing fought the fight of converting the land so it could be sold at a good price to SMFI. The plan was evidently made to avoid the coverage of the land from CARP.
SMFI, through its sister company Monterey Livestock Farm, plans to put up a 144-hectare piggery with 162 buildings to house 4,400 female pigs and 44,000 piglets. The conditions of the Conversion Order issued by the Office of the President, specifically the implementation of the BAIDA development plan, were conveniently disregarded. Considering that SMFI is a mere successor-in-interest of Quisumbing, the conditions of the Conversion Order clearly binds the former as provided by DAR Administrative Order No. 1, Series of 2002:
"Section 33. Conditions of Conversion Order. The approval of the application for conversion order shall be subject to the following conditions:
- The landowner and future landowners(s) of the property approved for conversion shall not change its use to another use not authorized under the Conversion Order without prior consent from the DAR.
Section 34. Effects of Approval of Conversion. The approval of an application for conversion shall have, but shall not be limited to the following effects:
- It shall be limited to the specific use of the land authorized in the Conversion Order .
- The conditions thereof shall be binding upong successors-interest of the property."
Such act of illegally converting the land to a piggery farm which completely different from the authorized use according to the application and the approved Conversion Order is another serious violation which needs to be addressed in accordance with law and justice.
Based on the foregoing, SMFI has grossly and willfully committed violations on laws and other issuances on land conversion, specifically, DAR Administrative Order No. 1, Series of 1990 in relation to DAR Administrative Order No. 2, Series of 1990, DAR Administrative Order No. 12, Series of 1994 (Consolidated and Revised Rules and Regulations Governing Conversion of Agricultural Lands to Non-Agricultural Uses), and DAR Administrative Order No. 1, Series of 2002. Without doubt, the violations are grounds for the immediate revocation of the Conversion Order given to Quisumbing and his successor-in-interest SMFI:
"Section 47. Grounds – The following acts or omissions shall warrant revocation of the Conversion Order:
- Non-compliance with the conditions of the Conversion Order;
- Conversion to a use other than that authorized in the Conversion Order. "
The Fellowship of the 144-hectare Land in Sumilao
So many people to thank for what had happened yesterday. To name a few, the Sumilao Farmers would like to thank for the solidarity of SANDIGAN, PAKISAMA, HSAI, PINAGSAMA, SAFSCO, Congregation of Holy Spirit Sisters and the high school students of the Holy Spirit School. They also would like to thank the owner/s of the San Mateo Hot and Cold Resort for providing the Sumilao Farmers a place to stay.
There were other unnamed faces who appeared yesterday to show their solidarity. To them, the marchers would like to extend their heartfelt gratitude.
Today
Today, they are negotiating a 37-kilometer road from Irosin to
Sumilao farmers update
Sumilao Farmers' Journey in Visayas II
8-9 November 2007
CROSSING THE RUBICON
"The die is cast."
These are the famous words of Julius Ceasar, the great Roman emperor, when he crossed the Rubicon. Rubicon was the river that Julius Caesar crossed when he marched his armies, in defiance of the Senate, against the armies of General Pompey. His strategy was one of "conquer or die." Once he crossed the river, there was no turning back. So, the phrase "crossing the Rubicon" has become as a popular idiom meaning to go past a point of no return.
This day also marks the "Crossing of the Rubicon" for the Sumilao farmers when they crossed the
Last moments in Visayas
Yesterday, they were in
Upon reaching
Concerned of their safety, the local police also escorted their day's of walk.
While at
The farmers left San Isidro Parish at 5:00 o'clock this morning to walked to Allen, their last stop in Visayas. Bishop Gaspar Balerite was waiting for them at Allen and gave his blessings for the safe and successful journey of the farmers. At 4:00 in the afternoon, the ferry left Allen and made its way to Matnog, Sorsogon.
Again, unexpected gifts just poured in. The farmers boarded the ferry for free, courtesy of Ms. Ethel, a classmate of Atty. Kaka Bag-ao from
Historic crossing of the struggle
The crossing of the Sumilao farmers to
First, Julius Caesar and his army sought glory, while the Sumilao farmers seek justice.
Second, Julius Caesar and his army had strong bodies and carried swords to destroy life, while the Sumilao farmers have weak bodies due to physical exhaustion from walking, and they only carry hope in their hearts that they may give life to their children by having a land of their own to till.
And third, Julius Caesar and his army violated the law when they crossed the river, because it was forbidden under the Roman Law, while the Sumilao farmers did not violate any law; instead, they are seeking redress for gross violation of their rights as granted to them by law.
Today, the farmers are so near Malacanang.
Today the Sumilao farmers cry, the "die is cast!"
Today and Tomorrow
The farmers shall rest at the parish of Matnog, and shall commence to walk early tomorrow at towards Irosin, spanning a distance of 23 kilometers. To begin their walk for Luzon, they performed a ritual asking the spirits to give them the same guidance while they were in
The support groups: SANDIGAN, SALIGAN, PAKISAMA, LIKAS, DAR (provincial office), and the parish of Matnog shall accompany them in their walk to Irosin.
Revisiting the Case
The conversion order of then executive secretary Ruben Torres should be cancelled/revoked.
The reason for the cancellation/revocation of the conversion order, among others, is that m ore than five years passed but no development was ever introduced in the area, which is a violation of the existing law. Worse, said landholding was sold to San Miguel Foods, Inc. (SMFI), which only shows the lack of interest on the part of NQSRMDC to pursue its development plan.
Administrative Order No. 1 series of 2002 (2002 Comprehensive Rules on Land Use Conversion) is very clear. Said administrative order says that within one year from issuance of the Conversion Order, the landowner and/or developer shall commence development on the property approved for conversion and shall complete development not later than the deadline(s) set forth in its site development plan schedule, but in no case shall development extend beyond five (5) years from the issuance of the Conversion Order.
Hence, having failed to initiate or undertake any single development work in the area, in violation of the conditions of the conversion order pursuant to the rules governing conversion, said conversion order should be revoked/cancelled.
Walk for Sumilao Land
7 November 2007
Sumilao Farmers' Journey in Visayas II
6 November 2007
The Sumilao Farmers spent the entire morning for reflection session. They were asked two questions: What is the most striking experience for you in the Walk for Sumilao Land, Walk for Justice Campaign?; and what is your expectations from the campaign starting tomorrow until we reach Malacanang?
From the answers, it can be observed that they seem to read the minds of their fellow marchers. For the first question, there were three common answers. They said that they will always remember their sufferings while walking; The hardships, until some of their fellow marchers became weak, while some fainted and had to be rushed to the hospitals. Others expressed the consolation that at least, they were able to reach places they never thought they can visit in their lifetime. The rest said that they will always vividly remember the faces of by-standers and motorists, and the support these people extended to the farmers.
For the second question, there was only one answer: They expect to reclaim their land. They hope that the challenges and struggles they encountered will bring success and bring back their dashed hopes.
Right after they feasted with a simple lunch prepared by the Diocese of Calbayog, The City Health Officer, together with other medical practitioners in the City visited the marchers and conducted a Medical Mission. Dr. Grace Bag-ao, the lone volunteer medic accompanying the marchers, felt relieved.
After the Medical Mission, Bishop Abarquez facilitated a community-building activity. He taught the marchers some action songs where everyone participated with gusto. Thereafter, he celebrated mass together with Father Cezar Aculan. The homily moved the marchers to tears, but it them more determined to continue with their cause, as well.
The sermon focused on their peaceful campaign. The Walk for
The two priests kept repeatedly expressed their solidarity with the farmers and advised them to write a letter to the President of the CBCP.
The Correspondents
Last night, the 54 Sumilao Farmers and their support groups gathered at around 11:30PM to watch ABS-CBN program, The Correspondents. They were all excited to see themselves on national television. But they were more excited to see on TV, the families they left in Sumilao, Bukidnon. It has been 26 days since they left.
It was a one-hour program, and the farmers were all attentively watching. They smiled every time they see themselves on TV. Others alternately teased their fellow marchers as telegenic and ugly. They had a grand time ribbing one another.
They validated the facts presented by the correspondents reporter, Adrian Ayalin. The farmers even managed to engage in discussion among themselves while watching.
When the show featured the marchers' families in Sumilao, the marchers were no longer able to contain the tears in their eyes. After 26 days, they again saw the faces of their families. They were saddened because their families were left to work in their farm. Yoyong, one of the marchers commented that her mother was too old to do the farming. She should have stayed at home instead. But since they are involved in the campaign, they had no option. While they have to fight to reclaim their lands, their families have to eat too.
Message to Ruben Torres
The then Executive Secretary who issued the conversion order in favor of the Quisumbings was interviewed in the program. According to him, he pitied the Sumilao Farmers; They had to resort to a long walk just to get publicity. Not contented with his first indictment, he further said that he did not understand the real intention of the leaders of the Sumilao Farmers when these leaders allowed their members to take the ardous walk from Bukidnon to
The statement given by Torres angered the Sumilao Farmers. They said, they don't need his or anyone's pity. What they need is the 144-hectare land that is legally theirs. But they pity Torres. Unlike him, they know the difference between right and wrong. Though they did not earn college and law degrees, they know RA 6657 or the Comprehensive Agrarian Reform Law (CARL) by heart.
The campaign to take the 1700-kilometer walk in 60 days was reached through a consensus decision by all members of San Vicente Landless Farmers' Association (SALFA) and Mapadayonong Panaghiusa sa mga Lumad Alang sa Damlag (MAPALAD) Farmers.
The Sumilao Farmers would like to send this message to Ruben Torres:
He can say anything he wants to say, try to bring the Sumilao Farmers down. But they won't face the ground, they will rise steadily, sailing out of their reach. He can try hard to make them feel that they don't matter at all. But they refuse to falter in what they believe or lose faith in their dreams. Because there's a light in them that shines brightly – their DIGNITY. Torres can try, but he can't take that away from the Sumilao Farmers.
Revisiting the
Supreme Court Ruled on Technicalities
Unexpectedly, the Supreme Court evaded the resolution of the substantial issues of the case and found one perfect excuse: reglementary period. The Supreme Court refused to answer the constitutional issues and asserted that the DAR failed to question the Torres Conversion Order on time. The Supreme Court invalidated President Ramos' "Win-Win Solution" while it reinstated the Torres Conversion Order approving the conversion of the 144-hectare land to agro-industrial. The conversion of the land to agro-industrial was affirmed, despite the fact that its conversion was contrary to existing laws and administrative orders, simply because the Conversion Order issued by Executive Secretary Torres already became final when President Ramos issued the "Win-Win Solution". In effect, the Supreme Court skirted merits and yielded to technicalities.
Worst, the Supreme Court denied the Sumilao Farmers standing in the case by equivocally saying they were merely "recomendee farmer beneficiaries, hence, have no real interest over the land. It further stated that the Sumilao Farmers were never tenants, not even tillers of the land. The court's declaration was a huge injustice to the Sumilao Farmers considerting that they were already the owners of the land by virtue of the Certificate of Land Ownership Award (CLOA) previously given to them under the agrarian reform law. It was an offensive attach on their dignity as peasants and an insult to the Higaonons.
The iniquitous decision compelled Robin Lession, one of the MAPALAD hunger strikers, to take his own life days after the decision came out. He only dreamt of cultivating a piece of agricultural land and providing a decent living for his family and children. His basic desire of owning a land for his family vanished in an instant. His frustration and disappointment were shared by the Sumilao Farmers and the rest of the peasantry.
The Supreme Court pronouncements have a chilling effect on the state of agrarian reform in the country. The decision created a confusion on the existing policies on conversions of agricultural lands, power of LGUs to reclassify agricultural lands and legal standing of farmer-beneficiaries. In many instances, the confusion on policies is being utilized by landowners to evade the implementation of the CARP.
The Fellowship of the 144-hectare land in Sumilao
As they leave their footprints in Visayas, the Sumilao Farmers will always cherish the overwhelming support they received from individuals and like-minded groups. The Sumilao Farmers in their entire walk never felt alone. And though they still could not find enough and appropriate words to thank these people, from the bottom of their heart, they would like to express their gratitude to the following:
· KAISAHAN for coordinating the Visayas leg;
· Department of Agrarian Reform (DAR) Region, province and municipalities;
· Regional Director Homer, PARO Toto and the provincial offices, and MARO of the DAR;
· KAISAMPALAD, EVNet, IDPG, MODE, PMP, AFF, BRAMO, KAMAO, JACOFA, CODE NGO and PhilDHRRA;
· Dioceses, SACs, BECs, Parishes and other church personnel and institutions for providing the food, accommodation and spiritual needs of the Sumilao Farmers;
· PNP, Military and other Law Enforcement Agents; and
· By-standers and motorists.
· (and those who were not included in the above enumeration)
The Sumilao Farmers are leaving Visayas with brimming with memories in their heart that will keep on saying: Forward always forward, onward, always up. Catching every drop of hope, in my (their) empty cup. Indeed, what a journey it has been…
Today and Tomorrow
They are now in Brgy. Pinya,
--
As posted by :
Balay Alternative Legal Advocates for Development in Mindanaw (BALAOD Mindanaw)
Door 3 Balay Mindanaw SIAD Peace Center
53A 12th St., zone II, Upper Bulua
9000 Cagayan de Oro City, Philippines
+63 8822 738794
+63 8822 738794 (telefax)
balaodmindanaw@gmail.com
balaod_mindanaw@yahoo.com
