BMFI

Jan. 28 update:
Sumilao farmers call on the Office of the President to defend December 18 Order

The Sumilao farmers have grown wary about the public statements of SMFI on the Sumilao land case and the silence of the Office of the President. SMFI has issued a statement today attacking the December 18 revocation order of the Office of the President. On December 26, 2007 SMFI came out with a paid ad that announced its intent to begin the hog farm operations in January 2008 in violation of the order of the Office of the President.

Rene Peñas, a Sumilao farmer leader, said that the SMFI has renewed its public offensive on the OP Order which it appealed to last January 17. "The revocation order clearly declared that the 144-hectare land in Sumilao, Bukidnon has been reverted to agricultural use after the former and present owners failed to comply with the conversion order issued by the Ramos government in 1996. SMFI is clearly outraged that the Office of the President chose to put the land under agrarian reform. With their battery of lawyers, some former legal officers of the DAR, it is impossible for SMFI not to have understood that they have to comply with the conversion order. Now that it is faced with the implications of its non-compliance and violations of the conversion order, it cannot wait for the legal process to attack the OP order" Peñas said. Another Sumilao farmer leader said that the Office of the President should not allow SMFI's attacks to go unanswered at it insults the Office of the President. "SMFI has shown its arrogance first in its December 26 paid ad and now with its public statement against the OP order. If the President is really serious about her pronouncements that the 144-hectare land be returned to the Sumilao farmers through agrarian reform it has to defend its order against SMFI's public attacks" said Napoleon Merida Jr., president of SALFA.

Atty. Arlene Bag-ao, legal counsel of the Sumilao farmers said that San Miguel is trying to construct a legal smokescreen to muddle the issue. She said that San Miguel brought this controversy upon itself when it decided to buy the 144-hectare land despite knowing that the land was bound to a conversion order and that the construction of their hog farm is not in accordance with the order. She said that SMFI should go after Quisumbing, who sold the land to SMFI. "I am still wondering why SMFI bought the land despite its being controversial, in the first place. Among their lawyers are former top DAR officials and they should know that the Quisumbing land was bound to its conversion order. They should sue Quisumbing but I think SMFI finds it easier to prey on the landless and poor farmers than run after a rich man like Norberto Quisumbing" Bag-ao said. She added that SMFI is now forced to use legal somersaults to question the OP order hanging on to an unauthorized opinion of USEC Nestor Acosta. "They are desperately seeking legal justification for their illegal hog farm construction clinging on to the opinion of USEC Acosta as if it were God's opinion" Bag-ao said.

Bag-ao maintains that the conversion of the 144-hectare Sumilao land and its exemption from CARP were contingent on the compliance with the conversion order. "They not only failed to comply with the order, they violated the order and that is the reason why the conversion order was revoked and the land was reverted to being agricultural. It is as simple as that and no legal hocus pocus can hide that fact" Bag-ao added. "DAR Sec. Nasser Pangandaman and the Office of the President in its December 18 Order said that the issuance of the Acosta opinion was 'not duly authorized and therefore is simply usurpation of authority, a grave abuse of discretion.' SMFI is clearly grasping at legal straws" Bag-ao added.

The Sumilao are presently visiting schools and parishes. Yesterday, they met with Senators Biazon and Gregorio Honasan to lobby for the reform and extension of the agrarian reform program that is crucial to the resolution of their case. In Cagayan de Oro, other Sumilao farmers have maintained camp at the DAR regional office to push for the issuance of Notice of Coverage and Cease and Desist Order.