BMFI

Sumilao farmers update
While They Were Sleeping
30 October 2007

Yesterday (29 October 2007), the Sumilao farmers journeyed 37 kilometers from the municipality of Abuyog to Tolosa.

The marchers, while on their way to the municipality of Tolosa, Southern Leyte, Elgine “Bajekjek” Merida fainted for the third time. The medical team responded immediately and gave her first aid treatment to regain consciousness. They had to stop for a while because they have to wait for the ambulance that will bring Bajekjek to the hospital. They maximized the stopover to have a little rest.

Generally, the day's walk went smoothly. By-standers were still taking part of the campaign as some of them handed donations to the farmers.

Anent barangay election, we are happy to announce that three of the Sumilao farmers won in the balloting. Rene Peñas, Allan Puerto and Peter Tuminhay were proclaimed newly elected kagawads of Barangay San Vicente, Sumilao, Bukidnon. Their victory was overwhelming considering that most of the members of SALFA and MAPALAD MPC are currently involved in their 60-day Walk for Sumilao Land, Walk For Justice Campaign. During the election, they decided to take a leave in the march to oversee the conduct of the barangay election.

The Sumilao farmers spent the night in the DAR Conference Room. They had a very good night’s sleep because the DAR security guards watched over them. They didn't have to worry about their belongings because they felt safe with the watchful eyes of the guards.

Meanwhile, while they were sleeping, Gilda San-ahan and Rene Peñas boarded a boat heading to Tacloban. The two of them were excited to join the rest of the marchers. And they were excited to inform and share to the rest of the Sumilao farmers of their victory during the barangay election.

The Sumilao farmers would like to thank DAR Region VIII for their hospitality and warm welcome. When the marchers arrived in Tolosa, the DAR Region VIII personnel assisted the marchers in the latter's needs. They likewise provided toiletries, dinner and other meals.

Of course, PAKISAMA and KAISAHAN, from the very beginning of the march up to this date, are still with the marchers providing whatever support they can extend.

Resolution No. 24 of the Sumilao Municipal Council and its other issuances has no effect on the DAR's exclusive authority of conversion. LGUs never possessed the power to convert land as the same belongs to the DAR Secretary. LGUs only have the power to reclassify lands and the power of conversion is not the same as reclassification. Reclassification refers to determining what will be the future allowable use, whereas conversion refers to the actual change of the use of the land from agricultural to other uses.

Moreover, DAR AO No. 1 Series of 2002 specifically defines reclassification of agricultural land as the act of specifying how agricultural lands shall be utilized for non-agricultural uses such as residential, industrial, commercial, as embodied in the land use plan, subject to the requirements and procedure for land use conversion, undertaken by a Local Government Unit in accordance with section 20 of RA 7160 and Joint Housing and Land Use Regulatory Board (HLURB), DAR, DA, and DILG MC 54-1995 while land use conversion is defined as the act or process of changing the current physical use of a piece of agricultural land into some other use. The LGU's power of reclassification is based on Section 20 of the Local Government Code (RA 7160) which state:

"Sec. 20. Reclassification of Lands. – (a) city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands xxx

"Provided, further, that agricultural lands distributed to agrarian reform beneficiaries pursuant to Republic Act 6657 otherwise known as "The Comprehensive Agrarian Reform Law", shall not be effected by the said reclassification and the conversion of such lands into other purposes shall be governed by Section 65 of said Act .

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"(e) Nothing in this Section shall be construed as repealing, amending or modifying in any manner the provisions of RA 6657."

It is clear from the foregoing that what Congress has delegated to the LGU under the Local Government Code is merely the power to reclassify, not the power to convert lands. The power to reclassify shall be without prejudice to and cannot supersede the authority of the DAR to approve conversions.

Today and Tomorrow

The Sumilao farmers are currently negotiating the roads from Tolosa to Tacloban. It would be a 23-kilometer walk. Tomorrow, they will conduct a short program in Tacloban City to educate the locals in the city as regards the state of the country's Comprehensive Agrarian Reform Program, particularly of the plights of the landless farmers.