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Ex-DAR chief: “Sumilao is one case I’m certain farmers are right’

(I have neglected the Sumilao case due to other important issues. I’m catching up)

By Jerome Aning
Inquirer

The call on the government to heed the Higaonon farmers who marched for two months to dramatize their claim to a 144-hectare property in Sumilao, Bukidnon, is ringing louder, with more Church leaders and a former agrarian reform secretary joining in.

The Association of Major Religious Superiors of the Philippines cosponsored a Mass Saturday afternoon at the farmers’ picket line at the Department of Agrarian Reform central office in Quezon City, in an effort to continue demonstrating Church support.
Priests, nuns, seminarians and laymen joined the farmers at the Mass, which marked the feast of the Immaculate Conception, one of Christendom’s holiest days.

Florencio “Butch” Abad, who held the agrarian reform portfolio in 1990, visited the farmers’ makeshift camp and told reporters that failure on the government’s part to address the farmers’ claim could add to political instability.

“The Sumilao farmers have taken all the legal steps. Now they have launched a 1,700-kilometer walk. What will happen if they don’t get what they want? It’s anybody’s guess,” he said.

Abad said the incumbent DAR chief, Nasser Pangandaman, “does not really need more time” to study the Sumilao case.

“In all the [land reform] cases that I have read, this is the only case where I am certain that the farmers are right,” he said, adding:

“The DAR should always stand beside the farmers. In the case of Sumilao, the facts are very clear. There was a violation of the conversion order. The farmers have the right to reclaim the land under the CARP (Comprehensive Agrarian Reform Program).”

‘Volatile situation’

Even President Gloria Macapagal-Arroyo has expressed more concern about the Sumilao case over other issues.

“The President feels that this is a volatile situation,” Justice Secretary Raul Gonzalez said Saturday on the phone.

He was referring to Ms Arroyo’s instruction for an immediate resolution to the land dispute, which she relayed from Spain during a video conference on Friday with the Cabinet national security cluster.

Gonzalez said the Left had been “trying to get into the act.”

“Pinapasukan ng Kaliwa,” he said.

Malacañang is leaving it to Pangandaman to rule on the land dispute.

But Pangandaman had said he would not be able to do so until after the farmers and the new landowner, San Miguel Foods Inc. (SMFI), had submitted their respective position papers.

The contending parties have until Monday to comply.

Abad said all Pangandaman had to do was follow what Ernesto Garilao, who served as DAR secretary in 1992-98, did — affirm the right of the Sumilao farmers to the land and revoke the conversion order issued in 1996 by Malacañang.

“Why does he (Pangandaman) need more time to study the case when his predecessors were clear that the farmers have the right to claim the land? All he has to do is reiterate Garilao’s decision,” Abad said.

Land use conversion

In 1994, Garilao denied the petition for land use conversion of the then landowner, the Quisumbing family, and awarded the 144 hectares to 137 farmers in April 1995.

The Quisumbings appealed the case in the Office of the President, and in March 1996 then Executive Secretary Ruben Torres reversed Garilao’s decision and approved the land-use conversion from agricultural to agro-industrial.

In 1999, the Supreme Court upheld Torres’ decision, which led to the cancellation of the certificates of land ownership award that the DAR had issued to the farmers.

The farmers embarked on their 1,700-km march to Metro Manila on Oct. 10. They reached their destination early last week, and vowed not to leave the DAR until Pangandaman had issued a cease-and-desist order against SMFI’s construction and operation of a hog farm.

They contend that the land should again be covered by CARP because the Quisumbings did not undertake any of the promised developments during the required five-year conversion period, but instead sold the property in 2002 to SMFI, a subsidiary of San Miguel Corp.

They maintain that the conversion order should be revoked under DAR rules.

Pangandaman has allowed the farmers to put up makeshift huts in front of the DAR office and given them access to water, electricity and toilet facilities.

In farmers’ favor

Abad said CARP was a reform measure, and that “if there is any doubt about the law, the law should always be interpreted in favor of the farmers.”

He said SMFI had taken a big risk in acquiring the disputed property for the hog farm project of its affiliate firm, Monterey Foods Inc.

“They knew there were issues on the land. Now they have almost finished their hog farm. But regardless of what they are doing on the property, they have to reckon with the issues and face the consequences,” he said.

Abad said Ms Arroyo could still make a decisive move to resolve the case in the farmers’ favor.

“Even if Malacañang had remanded the case to the DAR, the President still has the power to decide for the farmers because the DAR is her alter ego,” he said.

Gonzalez said that during Friday’s video conference, Ms Arroyo told Pangandaman to “pursue” the earlier commitment of SMFI officials to resolve the problem with the farmers.

He said Ms Arroyo wanted immediate action because Church officials had also expressed concern about the matter.

In her opening statement at the conference, Ms Arroyo underscored the need for the government to look into the plight of the poor, including farmers seeking aid and justice.

Reflection and rest

According to Arlene Bag-ao of the legal support group Balaod Mindanao, the farmers will spend Sunday in reflection and planning.

“They will assess the results of their march, especially in Metro Manila, and at the same time take a rest. This is so far the longest time they are stationary,” she told the Inquirer.

Bag-ao, who accompanied the farmers on their 60-day march, said she and other lawyers were busy drafting the position paper ordered by Pangandaman to be submitted tomorrow.

On Friday, the farmers marched from the DAR to Malacañang, intending to present to Executive Secretary Eduardo Ermita a letter from Manila Archbishop Gaudencio Cardinal Rosales expressing support for their plight.

But they were barred at the gates and no Palace official came out to meet them. With a report from Christine O. Avendaño

Background links (Thanks to Anna):

Timeline

History of injustice

Published inHuman Rights

298 Comments

  1. chi chi

    “Pinapasukan ng Kaliwa”, Raul Gonzalez said.

    Ano ba ‘yan? Dalawang buwan na naglalakad ang Higaonon farmers ay ito lang ang komento ng %%$#& na Raul G!

    Bakit ba itong bwisit na matandang hukluban na ito ay pilit na sinasaksakan ng isyu ng kaliwa ang lahat ng aksyon ng mga magsasaka?! Hoy, mag-disappear ka na sa mundong ito, now na!

    Kung talagang totoo na pati ang presidente ni RaulG, ay concerned daw sa kaso na ito, bakit hindi na lang niya ikumpas ang kanyang magic wand at ibigay sa mga magsasaka ang hinihiling tutal naman ay may karapatan sila na ma- reclaim lupain sa ilalim ng CARP. Di ba ang tingin niya sa sarili niya ay meron siyang “absolute power”?

    Pinahihirapan pa ang mga magsasaka e kanila naman ang ipinaglalaban! Hayyy naku!

  2. ace ace

    If this administration will not handle this issue well the Sumilao farmers could provide the spark that is needed to make GMA step down.

  3. cocoy cocoy

    The Quisumbings appealed the case in the Office of the President, and in March 1996 then Executive Secretary Ruben Torres reversed Garilao’s decision and approved the land-use conversion from agricultural to agro-industrial.

    Ay si Ruben Torres pala ang may kasalanan.Kilala ko itong si Kudon-Kudon gumagamit siya ng sabong papaya para maging tsinoy mestizo siya kapareho niya ng balat si Leopoldo Salcedo.Dating tindero ng pandesal ito sa madaling araw at suki ko siya ng uhugin pa ako, hindi pa siya abugado at high school pa lamang sa probinsya.Matalino ang taong ito,he is a walking dictionary.Matanong ko nga siya kung ano talaga ang nangyari dito sa kasong ito ng mga magsasaka.Nag paampon nga siya sa pamilya namin ng kumandidato siya ng kongressman at nanalo siya.Pag mali ang isasagot niya sa akin ay itatakwil na namin siya,Hehehe!

  4. vic vic

    Why is the Secretary of Justice, supposedly the Epitome of Justice so biased against the Left, which is just one of the many ideologies in a Democracy? I again, I repeat my demand, about time for Raul Gonzalez to Retire. He so biased he should not be in Public Service, but in a Political Party ideology think tank, that is if there is something left in his once fertile brain….

  5. Golberg Golberg

    Church teaches about the “Right to own” by the people.

    Ayan ang bunga ng Idustrial Revolution. Ang mga mayayaman lang ang nakikinabang diyan. Ang mahihirap ang nawawalan. Moral obligation ngayon ng gobyerno na pakinggan at bigyan ng lunas ang problema ng mga magsasaka. Lupa nila, nawala pa, Dahil ba SMB Corp. ang bumili kaya naibigay agad sa kanila at nawalan ang mga magsasaka?

  6. Mrivera Mrivera

    goldberg,

    kaka, di nga ba’t datung lamang ang pinag-uusapan sa loob ng bahay ni glorya? kapag wala tayong atik, tsupi ang labas ta.

    ‘yung isusubo na nga natin, di ba’t parang gusto nilang agawin pa?

  7. Golberg Golberg

    Ganun nga ka Magno.

    Ang problema pa e, may moral ascendancy pa ba ang pekeng bogyerno natin? Wala naman diba? Ang mga salbahe nga naman talaga! Mainit ang pasko pag maraming makakain sa hapag kainan kasama ang mga mahal sa buhay! Mga peke at manloloko lang yata ang nakakagawa niyan ngayon.

  8. azcarraga_times azcarraga_times

    i joined the sumilao march a few days ago. we walked from cubao to ateneo, then heard mass celebrated by Gaudencio Cardinal Rosales, with several Jesuits as concelebrants. The sight of the farmers, that of weakness, took an emotional toll on many of us watching. During the mass, the Cardinal said something that made some sense for the first time in a long time being the pro gma cardinal that he is. He said, ‘the balance of the law should always be tilted in favor of the poor’.

    His statement is not just one crafted out of thin air. The 1987 constitution also says that social justice shall remain the prime focus of government. Bernas says that the poor should ideally have more in law. If at all this government takes the law seriously, then they should give the farmers a fair go. They have nothing. The other claimant has huge properties here and abroad. Goes to show how hungry some people have become for more wealth and power. It blinds people.

    I hope justice will be done to them. And so with the rest of our people. Blessed are those who hunger and thirst for justice, they shall be filled.

  9. azcarraga_times azcarraga_times

    The inequity of our society is a great moral evil. The system continues to do a great injustice against our poor. Idols(power, money and fame) dehumanize its worshippers (gloria, jose pidal, esperon et al), but their ultimate evil lies in the fact that they demand VICTIMS(the people) in order to exist.

    “you are not making a gift of your possessions to the poor. you are just handing over to him what is his. for what has been given for the common use of all, you arrogated to yourself. the world is given to all, and not only to the rich” -St. Ambrose

  10. Valdemar Valdemar

    Lets scrap the CARP law. The govt takes back all lands. Give evryone a residential lot free upon coming of age coterminus on his demise. Rent out farms to honest to goodness farmers, coops, agri companies but to come up with expected quality production. This will separate the real farmers from those lazy farmers. It will solve the perrenial agricultural doldrum, absentee owners, inheritance squabbles, rallies, real estate crimes and senseless killings

  11. Mrivera Mrivera

    huwag na nating pagtakhan kung bakit ganyan ang nangyari sa mga sumilao farmers.

    nasilaw kasi sa porsiyento ang mga nakaupo sa palasyo sa pinagbilhan ng sakahang naipamudmod na sa mga naglilinang na nagawang baliktarin ng isang ruben torres ang pagkakasalin sa kanilang pangalan na sinag-ayunan ng torpe suprema. mga ulang’iya talaga!

    mga mamamayang ngayon ay iskwater na palaboy sa lupang sinilangan na tinanggalan pa ng karapatan sa sariling ariarian.

    mas masahol pa sa ipinagtabuyan!

  12. Ellen,

    Thanks, I will add this article to my updates on the Sumilao march.

  13. chi chi

    # ace Says:

    December 9th, 2007 at 12:11 pm

    If this administration will not handle this issue well the Sumilao farmers could provide the spark that is needed to make GMA step down.
    ***

    Sige na!

  14. chi chi

    Cocoy,

    Patayin si Ruben Torres! Nakakahiya na Zambalenyo! Nasan ba ngayon ang gago na ‘yan at mapadalhan ko ng email na nagmumura!

  15. chi chi

    ‘the balance of the law should always be tilted in favor of the poor’.- Rosales

    That’s not enough, ITAKWIL niya si Gloria ng hayagan, then I’ll reconsider my stand against him.

  16. The Sumilao farmers are not asking for charity but are asking to be given back their land that’s been ceritified as theirs by the previous Philippine government and is therefore morally theirs by right. The Filipino nation must help them achieve their quest — the nation must not allow their government to betray the Sumilao farmers again!

  17. J. Cruz J. Cruz

    Dear Lord:

    I pray that You forgive all the swines who collaborated in this transgression….

    Likewise, I pray that You will not overlook the plight of the Sumilao Farmers….

    Amen

    How could so few be so blinded by the truth, so jaded by greed and knowingly participated in defrauding the Filipino people?

  18. rose rose

    Goldberg: yes the Church “teaches” but it just seem to be in paper..sa libro…but in reality do they? I wonder..
    Azcarraga: in the first encyclical of Pope Benedict he wrote that ” social justice is the responsibility of the government”..so if the government does not (I guess more so now than before…what good is it? years back in the early 1960 there was an office at the Ateneo de Manila, Padre Faura of the Free Farmers organized by Atty. Jeremias Montemayor and he had with him a new graduate of the College of Law, and if I am not mistaken one of the top ten in the bar exams…named Camilo Sabio..a very idealistic man fighting for the farmers…I was saddened when I read about Camilo now…he did change if what was written were true…how do I know? I was with the group…Free Farmers and the Work A year with the People..another very idealistic person in the group was Mon Tagle..(I wonder what happened to him..patay na ata!) who helped farmers in the land grabbing in Mindanao..Mon was also a law graduate of Ateneo…gone were the days..when young people lived with ideals…

  19. rose rose

    ace: mag dilang “anghel” ka sana..

  20. rose rose

    Chi: na konsensiya na kaya si Cardinal Rosales?.. Just recently I met a niece of his (that was what she told me)who was proud to say that she was related to him. And rightfully so, because in the hierarchy of the church to be related to a cardinal is really something ( ano ba kaya kung santa ang kamaganak mo). I was quiet all the two weeks we were together kasi ayaw ko madagdagan ang mga kasalanan ko against priests with my negative comments…

  21. chi chi

    Rose,

    “if I am not mistaken one of the top ten in the bar exams…named Camilo Sabio..a very idealistic man fighting for the farmers…”

    ***

    So many good men before become Gloria’s lapdogs!

    Nah, negative comments against priests of no consequence will not add to my sins. Beware of ‘great titles’, they are deceiving.

  22. cocoy cocoy

    Chi;
    Sori,Ha! dehins talaga pwedi kasi kumpanyero ng kuya ko iyan at bisita niya dito kapag nagpupunta ng merica.Isa pa patron siya ng mga sakada sa amin at hindi papayag si Amor Deloso dahil magpinsan sila.Limang beses na ngang naliligo iyan sa isang araw dahil umaasa siya na bago siya tuluyang tumanda ay pumuti ang balat niya.

  23. chi chi

    Cocoy,

    Si Ruben, puputi pa? Ikaw talaga.

    Ruben was one of my mentors..kaya pala mali ang natutunan ko e! He knows me bilang rebelde.

  24. Golberg Golberg

    “Golberg: Yes the church “teaches” but it just seem to be in paper..sa libro. But in reality do they? I wonder

    Tanong Rose: Kailan ba natin huling nagsermon si padre tungkol sa 4 last things? Kailan natin huling nagsalita si padre tungkol sa Reign of Christ the King? Kailan natin huling narinig si padre na naghihikayat sa atin na gawin ang corporal works of mercy? At kung ano pa ang meron na dapat nilang ituro, itinuro pa ba nila? Sagutin nila iyan sa taas. Sabi ko nga noon, sa Roma maraming Liberals.

  25. ace ace

    “Under the rules, the successor in interest to the property is bound by the terms of the approved conversion. SMFI plans to put up a piggery with 162 buildings to house 4,400 female pigs and 44,000 piglets and also to put up a slaughterhouse. Compare this SMFI project with the originally approved conversion plan. The former was people’s welfare-oriented; now it is pig-oriented!” – Fr. Joaquin G. Bernas, S.J.

    Ang original na plano ay tatayuan ng school, pagkatapos ginawang babuyan. Sympathetic talaga ang administrasyon na ito sa mga baboy!

  26. rose rose

    ace: “now it is pig oriented.” what can we expect may piggery sa palasyo, hindi ba? ang doon ba nag aral sa Ateneo..I doubt though kung naging student ni Fr. Bernas..pero puede din…
    Goldberg/Chi: hindi ako magtataka if there are popes, bishops, priests, etc. na kasama si Satanas sa kanyang lugar.

  27. rose rose

    ang sabi nga..why worry? there are only two things to worry about..whether you are sick or you are well..if you are well, why worry? if you are sick there are only two things to worry about..whether you died or you get well, if you get well why worry? if you died there are only two things to worry about..whether you go to heaven or you go to hell..if you go to heaven why worry> if you go to hell you will be too busy shaking hands with your friends and making new friends so why worry? kaya hindi nagwoworry ang reyna…

  28. nelbar nelbar

     

    Hacienda Looc farmers press land reform claim

    http://www.manilastandardtoday.com/?page=regions1_nov28_2007

     

    NASUGBU, Batangas—Farmers from Hacienda Looc, Hamilo Coast, Pico de Loro, Barangay Papaya and Bulihan in this town again urged the Department of Agrarian Reform to nullify the transfer of their land titles to a company that allegedly grabbed the land awarded to them under the country’s land reform law.

  29. These Sumilao farmers have the same problems as those of the farmers in Negros that were featured in a documentary I helped edit for NHK. Nakakaawa. I’m glad to know that Senator Pimentel is trying his best to help them.

  30. Malaki na sanang tulong iyong nilustay na pera ng mga ungas sa kanilang Rainbow Tour sa Europe para sa mga naghihikahos na magsasaka ng Pilipinas.

    Kawawang bansa!

  31. chi chi

    Yuko,

    Pleasure and image building first before Pinoy farmers. Tsk,tsk, tsk!

  32. ASIII ASIII

    DAR nor gloria cannot just issue an order to return the lands to the Sumilao farmers. If such an order is issued, San Miguel can challenge the validity of that order in court, as it will violate its rights.

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