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On
December 10, 1948, the world through the United Nations, started
the celebration of the "International Human Rights Day."
Close
to 50 years after last Monday, we observed the tattered flag
of such declaration in the saga of the 55 farmers of Sumilao,
Bukidnon, who are now trying to assert their "right of
property."
For
close to two months since October 10, 2007, the farmers marched
from Mindanao to the streets of Manila to dramatize their
plight over a 144-hectare piece of land that they used to
own. They used to own the land through Certificates of Land
Ownership (CLOA) but surrendered their rights after the group
of the Quisumbings applied for conversion of the rich farm
land into an industrial estate.
They
are asking the DAR to rescind the contract since the terms
of the conversion were not honored by the new landlords and
instead they sold the property recently to the San Miguel
Foods Inc. (SMFI) to convert it into a huge piggery. This
would house 162 piggery buildings with 4,400 female pigs and
44,000 piglets.
Under
the Comprehensive Rules on Land Conversion (CRLC), the Quisumbing
Group was to implement the conversion plan on year one and
complete the project within five years back in 2004. The 144
hectares was to be converted into: 24 hectares (Development
Academy of Mindanao), 67 hectares (Agro Industrial Park),
33 hectares (Forest Development) and 23 hectares (support
facilities).
The
Group did nothing of the above and instead sold the property
to SMFI. It was clearly a land speculation deal that took
Courts for a ride. The DAR regional offices had so declared
in the years 2004-2006 that no such development ever took
place.
It
is violative of Section 34 of the CLRC which specifies the
use of the land upon conversion and its successor (SMFI) to
honor the terms of the conversion.
Aside
from the non-compliance of the Law, the farmers contended
they were mistreated by the landowners for the last decade.
In the rural areas, without the presence of the State's police
power, those who have the guns rule the town. And so it was.
The
farmers rightfully demanded their right to the property after
these violations. The members of civil society, Bishop Gaudencio
Cardinal Rosales, the superiors of the religious orders, activist
priests and nuns, Ateneo de Manila and other NGOs had supported
the two month walk for justice of the 55 Sumilao farmers.
The
Palace of course snubbed the march (while GMA was away), showing
once again the disregard if not the condescension of the powers-that-be
of the "informal sector" of our society, who because
of their lack of education and economic power are not organized.
They are not only denied, as informal sector, the benefits
of SSS and Philhealth, but their access to the legal system
is prohibitively low.
So
they had to do the drama. The pitiful, emotionally laden road
to Calvary of 55 dispossessed farmers in order to assert "their
right to property."
But
this is not all soap opera for the farmers since under the
law of Conversion of Land, they are entitled to their rights.
It is very clear that if one keeps the blindfold of Lady Justice
right there were her eyes are, the farmers should win the
case.
Now,
Jesus Arranza, the president of the Federation of Philippine
Industries spoke in behalf of the capitalists - clouding the
issue by saying that corn buyers who are afraid to lose their
monopoly over the corn sales due to the possible entry of
SMFI - are the mafia behind the farmers' agitation.
That
confused analysis pales against the genuine bid of farmers
to claim ownership and development of the land they till.
How dare the armchair industrialist use welfare economics
to disguise his defense of his class interest.
Also,
it has been raised as an issue that some of the protesting
farmers had already gotten back their titles in some portions
of the 144 hectares. It is not easy for those who care nothing
but themselves to see people marching in behalf of their brethren
who are prejudiced and disenfranchised like their brother
farmers in Bukidnon.
Very
often, farmers who are part of the "informal sector"
are so driven by the need to survive and fight for their daily
meal that they do not have the time nor the resources to seek
legal remedies when their shanties are demolished, their lands
stolen, their rights violated.
The
remarkable, brave stand of this Gallant 55, leaving family
and heart behind to put political drama to the violation of
their "right to property" right in the heart of
the Philippine capital is a good sign of new empowerment of
the people.
That
after two months they were able to file their formal legal
protest at the DAR on December 10 - International Human Rights
Day is in itself significant.
Democratic
space should allow this kind of dissent and protest. Otherwise
we are forcing the poor from becoming "the legally excluded
poor to become socially condemned criminals" once we
prevent the wheels of justice from turning.
For Comments: email to
bingo_dejaresco@boholchronicle.com Or editor@boholchronicle.com
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