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Friday, December 21, 2007
Sumilao farmers losing hope on land case
By Danilo V. Adorador III
CAGAYAN DE ORO CITY -- Back to square one. That's how Sumilao farmers summed up the bureaucratic and legal rigmarole they have to undergo before they can possess the land they claim they own.
Although the farmers scored a victory when President Gloria Macapagal-Arroyo revoked Tuesday a previous Palace order converting the disputed 144-hectare land into an agro-industrial from an agricultural land, they were told they can't possess it yet pending a final order on the matter.
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At a symbolic Christmas caroling at the regional office of the Department of Agrarian Reform (DAR) Thursday, the farmers -- local counterparts of the group that marched to the Palace to press on with their demands -- appealed to DAR Regional Director John Maruhom to immediately issue a notice of agrarian coverage on the land.
A notice of coverage would have paved the way for final return of the land to the Higaonon farmers, who claim the land as part of their 243 hectares of ancestral land.
However, Maruhom said a notice of coverage could only be issued after all bureaucratic and legal means have been exhausted by the affected parties.
In this case, Maruhom said San Miguel Corporation (SMC), the present owner of the land, still has 15 days to file its appeal on the President's decision from the time it was promulgated.
If the President rejects SMC's appeal, the company can still seek recourse with the Court of Appeals (CA) and, if it loses again, with the Supreme Court (SC).
"It's back to square one again, and we are very disappointed," a certain Rene Peñas said, recalling the years when the ownership of the disputed land changed several times -- eventually ending with the farmers losing the legal fight in the High Court.
The SC, citing technicalities, sided with industrialist Norberto Quisumbing who sought the land's conversion from agricultural into agro-industrial use. In 2002, Quisumbing sold the land to SMC.
Peñas argued that since the conversion has been quashed, the regional DAR office could now move to have the land covered under the Comprehensive Agrarian Reform Program (Carp) and distributed to farmers.
Maruhom countered that doing so can skew the legal process. He advised the farmers to wait and be patient. "Rest assured that once a final judgment on the issue is issued, we will then move to issue a notice of coverage and immediately proceed with identification of legitimate beneficiaries and distribute the land for ownership," he said.
Sumilao farmers walked over 1,700 kilometers for two months, finally capping their journey with an audience with the President.
Under the Palace order, the 144-hectare land is reclassified as an agricultural land, which means that it can be covered under Carp.
Press Secretary Ignacio Bunye said the decision was based on Arroyo's personal consultation with the farmers, whom she met Monday afternoon in the Palace, and on the investigations and recommendations of the DAR, which implements Carp.
The DAR in its report said the NQSR Management and Development Corp. (NQSRMDC) or the Quisumbing group, which previously owned the land, violated the provisions of its agreement with the government when its request to convert the land into agro-industrial from agricultural was approved.
Under the agreement, the NQSRMDC promised to develop 24 hectares of the land into the Development Academy of Mindanao, 67 hectares into the Bukidnon Agro-Industrial Park, 33 hectares into forest development, and 20 hectares into support facilities. The NQSRMDC, however, sold the land to San Miguel Food Corp.
"Based on DAR's investigation, not one of these conditions or these stipulated projects was implemented. Instead of the projects, they implemented a hog farm in the area which, according to the DAR, is a violation because it changes or it amends the conversion order," he said.
Bunye said San Miguel has 15 days to contest the new order or seek a motion for reconsideration, which is expected and within the existing legal and administrative rules. (Sun.Star Cagayan de Oro/Sunnex)
For more Philippine news, visit Sun.Star Cagayan de Oro. (December 21, 2007 issue)
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