BMFI

Malacañang favors the rich in Sumilao farmers’ case
Poste 15 October 2007

[Sent as letter to the editor to Cagayan de Oro newspapers]
Reference: Oliver E. Villa (09177061263) (738402), BALAOD-Mindanaw

Once again, in a disappointing display of utter disregard for substantial justice, the Office of the President denied the appeal of the Sumilao farmers on the ground that they allegedly lack legal standing (meaning, that they are not the parties in interest to file said petition or appeal).

The appeal raised by the Sumilao farmers stem from the petition they filed in the Department of Agrarian Reform (DAR) in 2004 to revoke the conversion order of then Executive Secretary Ruben Torres in 1997. When the Sumilao farmers went on a hunger strike to express their indignation of the decision of Torres, then President Fidel V. Ramos endeavored to strike a compromise between the Sumilao farmers and the former land owner, Norberto Quisumbing Sr. Management and Development Corporation (NQSRMDC), by issuing a “win-win” solution, where the 100 hectares were given to the farmers and the remaining 44 hectares to the NQSRMDC.

However, in a twist of fate, the Supreme Court in 1999 invalidated the “win-win” solution of former President Ramos. In effect, the conversion order of Torres remained to be in force and effect.

Administrative Order No. 1 series of 2002 (2002 Comprehensive Rules on Land Use Conversion), however, is very clear as regards the requirement on upholding a conversion order. Said administrative order says that within one year from issuance of the Conversion Order, the landowner and/or developer shall commence development on the property approved for conversion and shall complete development not later than the deadline(s) set forth in its site development plan schedule, but in no case shall development extend beyond five (5) years from the issuance of the Conversion Order. (emphasis supplied)

More than five years passed but no development was ever introduced in the area. In short, there was non-compliance on the part of the NQSRMDC with the conversion order, and the same should therefore be revoked. Worse, said landholding was sold to San Miguel Foods, Inc. (SMFI), which only shows the lack of interest on the part of NQSRMDC to pursue its development plans.

Hence, in 2004, the Sumilao farmers asked the DAR, the agency vested with the power to approve and disapprove applications for conversion, to revoke the conversion order of Torres. Alleging lack of jurisdiction, the DAR dismissed their petition. Thereafter, they filed an appeal to the Office of the President.

On October 10, 2007, the day when the Sumilao farmers started their walk to Malacañang to reclaim the 144 hectares of land, they received the decision of denial of their appeal from the Office of the President.

It is too disappointing that despite the long line of jurisprudence that disregards technicality, especially in cases that involve public policy and interest, the DAR and the Office of the President resorted to technicality, which is the easy way to evade the substantial issue of the case.

It is indeed a sad reality that despite the protection of the laws given to the poor and marginalized sectors of our society, the same are enforced to favor the interests of those who hold political and economic power.

As noted by Prof. Pacifico Agabin (Unconstitutional Essays), “big business has been in the best position to shape jurisprudence in accordance with its interests.” Thus, “law, once conceived of as protective, regulative, paternalistic and above all, a paramount expression of the moral sense of the community, had come to be thought of as facilitative of individual desires and simply reflective of the existing organization of economic and political power.”

Hence, as between the SMFI (owned by business tycoon Danding Cojuangco), and the poor and landless Sumilao farmers, it is not surprising if the law is made to favor the interests of SMFI.

But, such setback did not discourage the Sumilao farmers to continue their quest for justice. As they walk along the barangays, municipalities, cities, and provinces on their way to Malacañang, a motion for reconsideration is being prepared to be filed in the Office of the President.

The Sumilao farmers may have been robbed of their land and stripped of their rights, but one thing can never be taken from them -- their hope. According to one of their leaders, Manong Rene Penas, they have suffered long enough that the thought of living with injustice scares him more than to die fighting it.