Tuesday, March 18, 2008 DAR sides with terminated Sycip farm workers By Edmund B. Sestoso
MANJUYOD, Negros Oriental -- The legal division of the Department of Agrarian Reform's (DAR) national office ruled in favor of farm workers of the Sycip Farm Workers Multipurpose Cooperative in their long battle with their officers.
Some sectors believe landowner Moises Sycip, who owns Sycip Plantation, Inc, is controlling the cooperative's officers.
Several farm workers have this suspicion because although their group is considered a multi-cooperative, the previous owner of the land - Moises Sycip - still handles plantation operations.
Moises has been "appointed" manager of the cooperative and lords it over cooperative officers. He is also allegedly behind the termination of several farm workers.
The landholdings cover 544 hectares in Manjuyod.
Undersecretary Delfin Samson of DAR's Legal Affairs Office said under the provisions of government's agrarian reform program, the separation of farm workers prior to the award of the Certificates of Landownership Awards (Cloas) does not necessarily disqualify them from being a beneficiary of the Comprehensive Agrarian Reform Program (Carp).
The farm workers only need to possess the basic qualifications such as the willingness, aptitude, and ability to cultivate and make the land as productive as possible.
There are at least 23 separated farm workers who are holders Cloas, which give them the right to be among the owners of the vast estate of agricultural land.
Undersecretary Samson issued the two-page legal opinion under DAR Opinion 03, series of 2008 on the controversial plantation of the town upon the request of the Alternatives for Citizens and Community Organizations for Resource Development Inc. (Accord) headed by Peter Osorio.
Undersecretary Samson further stressed that under II-A of DAR Administrative Order 02, series of 1993, qualified farm workers include those found to be directly working on the land at the time the DAR conducted actual investigation and documentation.
"This means that the retrenchment or separation of a farm worker prior to the award of Cloa does not necessarily disqualify him from being an agrarian beneficiary," Samson added.
He also agrees with Osorio that DAR makes the determination as to who may qualify to become farmer beneficiaries of the land.
He stressed that under Section 15 of Republic Act 6657 and its implementing guidelines, Administrative Order No. 07, series of 2003, it is the DAR in coordination with the Barangay Agrarian Reform Committee (Barc) that shall identify and register all agricultural leases, tenants, and farm workers who are qualified to be beneficiaries of Carp.
Earlier, the legal opinion was sought by Accord because it was observed that it was the landowner who determines beneficiaries and who distributes the lands.
The Negros Farmers Council (NFC), which took the cudgels for the separated farm workers, pointed out that the management of Sycip Plantation and its cohorts misled the farmers into believing that the formation of the cooperative was done in good faith and for the benefit of all its members.
It was also learned that the 23 separated farm workers who are certified Cloa holders were duped into signing a joint affidavit allegedly prepared by the management of Sycip Plantation Company, Inc. and in connivance with the town and provincial agrarian officers.
It was also learned by a joint fact-finding team of NFC, CSI, Farmlands and Katuwang that some of the farm workers are threatened with ejection and eviction if they do not comply with the demand that they pay monthly lease rental to cooperative management.
Undersecretary Samson urged the affected farm workers to file a case for maintenance of peaceful possession before the Provincial Agrarian Adjudication Division to protect their rights and interest on the subject landholdings.
