BMFI

Day 14 update
Traveling! Sumilao Farmers
23 October 2007

As early as 3:15 a.m., the Sumilao farmers together with the support groups, started to set their feet in the roads of Tubod, Taganan, Sison and Surigao City, negotiating a total of 37 kilometers.

The weather was good when they started the walk but when they reached Brgy. Bad-as, the sun started to disappear and thick nimbus clouds began to dominate the sky. It was then when the marchers wore their raincoats and went on with their walk.

Because of the heavy rain, the Sumilao farmers decided to seek refuge in the covered court of Brgy. Bonifacio, Surigao City. When they settled and began to prepare for lunch and learned that the food was not enough for everyone, they decided to let the ladies eat first and cook additional food for those who prefer to eat later.

While the lady marchers were having their lunch, the men found a basket ball. It was then that the fun and friendship game began…

"Traveling!" cried the referee together with the audience-turned-fans.

“Boys! Boys! Ayaw Kompiyansa! (Don't be too complacent),” shouted the cheerers of the winning team.

Big smiles and joyful sounds echoed the covered basketball court for at least 2 hours.

Traveling is one of the violations in basketball when a player tries to run while holding the ball. The traveling rule says one has to be holding the ball to travel — one must have control. It is not only to give up personal control but team control as well when one makes a legitimate attempt for goal. In relation to the struggle of the Sumilao farmers, they are carrying with them their goal that the disputed 144-hectare of landholding will soon be under their ownership and possession. That the 60-day walk to Malacañang is their strategy to register their disgust to the present administration in handling their plight and to educate the public as regards the state of the country's Comprehensive Agrarian Reform Program (CARP).

The local community was amazed when they learned that after seven-and-a-half hours of walk, the farmers still had high energy dribbling the ball, running back and forth in the court, and shooting the ball in the ring.

Indeed, even in playing basketball, the Sumilao farmers seem to be very serious in their sacrifice of traveling…

Highlighting One of their Arguments

One of the bases of the Office of the President (OP) in denying the right of the Sumilao farmers over the disputed land was the legal standing of the farmers as claimants of such land.

The Sumilao farmers are real parties in interest in the petition for cancellation and/or revocation of the conversion order. A real party in interest is one who could be benefited or injured by the judgment or the party entitled to the avails of the suit (Section 2, Rule 3 of the Rules of Court).

The fact that SMFI plans to illegally transform the whole 144-hectare property into a piggery farm right in the midst of the farmers' residences, in violation of the authorized development plan in the conversion order, raises immediate concern to the petitioners. The active participation of the actual residents and the landless farmers in filing the instant petition, as they are the ones who are directly affected thereby, confirms their legal standing to petition its cancellation.

The Sumilao farmers are the actual residents and qualified farmer-beneficiaries of the 144-hectare land, represent not only themselves but also their future generations who are directly affected by NQSRMDC and SMFI's illegal conversion of the land, and who are the future beneficiaries thereof.

The effect of granting the petition for revocation of the conversion order is the reversion of the land to the status of agricultural land and shall be subject to CARP coverage as circumstances may warrant. The Sumilao farmers and their future generations will be the beneficiaries of the subject land's CARP coverage under Section 22 of RA 6657. The cancellation of the Conversion Order will result in the reversion of the land to agricultural use which is coverable under CARP. In other words, the cancellation of the Conversion Order will redound to the benefit of the Sumilao farmers and their future generations, otherwise, they will suffer the consequences if the Conversion Order will be upheld.

Further, the Sumilao farmers being the landless residents of San Vicente, Sumilao, are the qualified farmer beneficiaries under the Comprehensive Agrarian Reform Law. Section 22, RA 6657 provides that "The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality ".

We should not lose sight of the fact that the MAPALAD (one of the Petitioners) are the former holders of a Certificate of Land Ownership Award No. TCT/CLOA No. 00240227 issued to 137 MAPALAD farmer-beneficiaries in 1995, long before the proceedings before the Supreme Court in the Fortich case. The TCT/CLOA was even registered before the Register of Deeds in the same year.

In fact, by virtue of the "Win-win Resolution" issued by the Office of the President through Executive Secretary Corona, the farmers were again identified as the qualified farmer beneficiaries for the 100-hectare portion of the subject land. Applications to Purchase and Farmers' Undertaking (APFUs) were duly executed by the farmers recognizing their existing right to ownership of the land.

The mere fact that the farmers were identified twice as beneficiaries under a valid and existing law, the Comprehensive Agrarian Reform Law (RA 6657), undoubtedly confirms their right to the subject property. Their TCT/CLOA was cancelled precisely as a result of the issuance of the conversion order, which this present petition seeks to cancel. It does not take any legal reasoning to conclude that these farmers stand to benefit from the resolution of this petition. They have every right to be the beneficiaries of the subject land's CARP coverage under Section 22 of RA 6657. 

Moreover, DAR Administrative Order 1, series of 2002, the rules on conversion, is very clear that the Sumilao farmers indubitably have the legal standing for filing the petition to revoke the conversion order. The said rule is unequivocal when it says:

The abovementioned rule states that any person may file a petition for revocation of a conversion order. This rule applies to all types of conversion from agricultural to non-agricultural uses because all such conversions are regulated by the DAR as mandated by RA 6657. The rule is in line with the policy that conversion of lands is strictly regulated by the State and greater vigilance from the people is needed to assist the State.

The section on intervention stated in the Agrarian Law Implementation (ALI) Cases also clearly illustrates who the DAR considers as entities having the legal personality to intervene in the adjudication of cases involving agrarian law implementation.

Section 16 of DAR Administrative Order 1, series of 2003 states:

It is clear that in the adjudication of cases entailing implementation of agrarian laws, even mere potential farmer-beneficiaries may intervene. Thus, the Sumilao farmers herein have the legal standing or interest to file the instant petition for cancellation/revocation of the conversion order.

To reiterate the paramount interest of the Sumilao farmers over the 144 hectares of land, they are members of Higaonon tribes, landless farmers, farm workers, and community residents in San Vicente, Sumilao, Bukidnon. Being such, the Sumilao Farmers undoubtedly have legal personality to file the petition for cancellation/revocation of the conversion order as they are the immediate community residents who are directly affected by the conversion of the land.

Surigao City Police Officers, not successful in stopping the marchers

Approaching the city proper of Surigao City, around 10 unidentified police officers attempted to stop the marchers to go on with their walk. The farmers learned that one of the police officers was monitoring the movement of the marchers. They prepared for the arrival of the marchers and welcomed them with an attempt to stop them. But the determination of the marchers prevailed. The police officers were left with no option but to let the marchers pass and continue their walk.

The Fellowship Goes on

On the 14th day of the march, the fellowship of the 144-hectare land is maintained. The counting still continues. The marchers would like to thank the different groups who welcomed, visited and joined them this day. Among others, they were: Surigao del Norte Pastoral Center; Balay Dabaw Sur, Inc. (BDSI); Chairperson and Members of Barangay Agrarian Reform Council of Brgy. Quezon, Surigao City; St. Vincent Ferrer Parish Church ; Reach Foundation, Inc. (RFI); and Social Action Center of Surigao and Butuan. Likewise, the farmers received unwavering support (in cash and in kind) from the following individuals: Bayang Barrios, Father Briggs Udtujan, Sister Bing Aguilino, Father Joseph of Lipata Parish, Arcellin Napalan of RFI, and Father Cornelio Turraja of Padada Davao del Sur.

It is but important to mention the continued and touching gesture of the by-standers along the stretch of the march. The local community people were shouting words of support to the farmers. Some gave water, canned goods and others. And yet another tear jerking moment during the walk was when an old lady handed one of the marchers 1 kilo of rice (the miracle of 5 loaves and 2 fishes continues). You may visit YouTube to witness for yourself this gesture of the unidentified old lady.

The Sumilao farmers would like also to extend their appreciation to the support groups in the Visayas in groundworking and preparing for the route where the farmers will pass when they reach the different municipalities and barangays in the said region. These are KAISAHAN, Department of Agrarian Reform (Region 8) led by RD Homer Tobias, Provincial Agrarian Reform Officers (PAROs), Municipal Agrarian Reform Officers (MAROs), Parish Priests, Father Feme (SAC Director in the Diocese of Maasin), Fr. Carlo Curacut (Silago), Fr. Croft Climaco (Hinunangan), Fr. Boy Vega, Fr. Manuel Lagumbay (St. Bernard), KAMAO and BRAMO (partners of KAISAHAN in its ASDP Project in Ormoc), and other groups and individuals.

(We are calling all support groups [individuals or organizations] to contribute to the everyday updates of the Sumilao farmers. We might forget some significant events or we might forget to acknowledge/include your organization in some articles, that's why we would like to request, if you have comments or suggestions, please feel free to send those to balaodmindanaw@gmail.com. Thank you very much.)