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Sounding Board
Sumilao: Shattered dreams, broken pledges

By Fr. Joaquin G. Bernas, S.J.
Inquirer
First Posted 00:19:00 12/03/2007

Filed Under: Agrarian Reform

MANILA, Philippines - The marching Sumilao farmers are expected to enter Manila today. Theirs has not been like the march of the Israelites to the Promised Land; meanwhile, the marchers have been demonized by some quarters. A review of history should place the struggle of the farmers in brighter perspective.

The marching farmers trace their ancestry to Apo Manuagay Anlicao and Apo Mangganlahon Anlicao, Higaonon natives, early settlers of a piece of land in Bukidnon. The land was considered “balaang yuta” for the Higaonons and it was the seat of government for the tribal leaders. The land was called “pinetreehon” by visitors owing to the abundance of pine trees and the cold temperature in the area. As a young Jesuit, I and fellow Jesuit seminarians enjoyed some summer days away from books in refreshing Bukidnon weather.

The Higaonons lost the land by eviction. I do not have a clear picture of how it happened. Eventually, one family won 99.885 hectares where tenants planted rice and corn, and the Quisumbing family won 144 hectares, the current bone of contention.

The 144 hectares became a pineapple plantation under a 10-year Crop Producer and Grower Agreement between the landowner and Del Monte Philippines (DMPI). The Higaonons worked as seasonal farm workers in the area. The lease expired in April 1994.

Immediately thereafter the Higaonon farmers initiated the movement to reclaim the land of their ancestors under the Comprehensive Agrarian Reform Program. Their effort to reclaim the 144 hectares became the subject of litigation moving from the Department of Agrarian Reform, to the Office of the President and finally three times to the Supreme Court. I shall not enter into the nitty gritty of the case. Let me just cite some key developments.

The initial skirmishes on the DAR level favored the farmers. In 1990, DAR served notice placing the 144 hectares under CARP coverage and in 1992 served a notice of valuation to the owner of the property. But DAR suspended implementation because the property was still under lease.

Before the expiration of the lease agreement, however, the landowner applied for conversion of the land from agricultural to agro-industrial. The petition was supported by the municipality of Sumilao and by a Resolution of the Sanggunian Panlalawigan of Bukidnon. It contained the glowing promises of how the 144 hectares would be developed:

24 hectares would contain a Development Academy of Mindanao consisting of an Institute for Higher Education, Institute for Livelihood Science, Institute for Agri-Business Research, Museum, Library, Cultural Center and Mindanao Sports Development Complex.

67 hectares would contain a Bukidnon Agro-Industrial Park consisting of a processing plant for corn oil, corn starch and various corn products; cassava processing for starch, alcohol and food delicacies; processing plants for fruits and fruit products such as juices; processing plants for vegetables; cold storage and ice plant; cannery system; commercial stores; public market and abattoir.

33 hectares for Forest Development including open spaces and parks for recreation, horse-back riding, mini animal zoo.

20 hectares for Support Facilities including a 360-room hotel, restaurants, dormitories and housing project.

This was touted by the promise, cited even by the Supreme Court, that “The proposed project is petitioners’ way of helping insure food, shelter and lifetime security of the greater majority of Sumilao’s 22,000 people.”

The governor of Bukidnon championed the cause of the landowner and appealed to the President arguing that “agricultural development will never take place if the area will be given to landless farmers, tenants and other qualified farmer beneficiaries.” But that did not prevent a sympathetic DAR from transferring the title of the property to the Republic and issuing Certificates of Land Ownership Award (CLOA) to 137 farmers and registering them in the Register of Deeds.

In March 1996, however, Malacañang reversed the decision of DAR, saying among others that “converting the land in question would open great opportunities for employment and bring about real development in the area towards a sustained economic growth in the municipality.”

In 1997, when trouble ensued, President Fidel Ramos modified the previous decision with a “win-win” solution limiting the conversion to 44 hectares and approving 100 hectares for distribution to farmers. When the “win-win” solution was challenged in the Supreme Court, it was declared invalid for being an attempt by Ramos to reverse his own decision which had already become final. To no avail did Justices Reynato Puno and Jose Melo argue that procedural rule on finality should give way to a consideration of the substance of the issue, as the Court often does. Subsequent attempts to persuade the Supreme Court to have a change of heart failed.

Meanwhile, here is the tragic part: What happened to the rosy promise of development which would assure the Sumilao inhabitants a better life? The landowner forgot about it. Instead, in 2002 the landowner sold the land to San Miguel Foods Inc.

The Conversion Order of 1997 contained the condition that “The landowner and future landowner(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.”

By 2005 no development had happened in the property. Now, however, I am told that SMFI has started rushing the setting up of a piggery! The rosy development project for the farmers will favor the pigs! Meanwhile, the President has asked DAR to decide whether the unfulfilled conversion order still holds. Abangan!


More Inquirer columns

Previous columns:
Cristo Rey - 11/26/07
Fr. Pedro Arrupe, S.J. - 11/19/07
Jpepa reservations - 11/12/07
Debate over Jpepa - 11/05/07
The prosecutor’s lament - 10/29/07
Dole-outs and executive privilege - 10/22/07
Impeachment as safety net - 10/01/07
A 'religion of secrecy' - 10/15/07



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