Walk for Sumilao Land, Walk for Justice
11 November 2007: Its Bicol Express for the Sumilao Farmers
The struggle of the Sumilao Farmers in claiming their 144-hectare land in Sumilao, Bukidnon has inspired other farmer organizations to continue the struggle of the whole peasantry in the country.
Yesterday, the farmers negotiated a stretch of 27 kilometers from the Municipality of Matnog to Irosin. While on their way to Irosin, several farmer organizations (SANDIGAN, PAKISAMA, HSAI, PINAGSAMA and SAFSCO) waited for the Sumilao Farmers to join their march. It was the first time, after two years, when these organizations come together and organize a collective activity. Having been convened, they felt that they are a great force, and would have louder voice if they are together. Thus, they realized that they should do this kind of collective action more often, especially on issues where they share the same ideals and principles.
During their sharing, the Sumilao farmers and the farmers who joined the march were all in agreement that the strengthening of the support groups is crucial in the success of the struggle. The Sumilao Farmers shared that the 60-day walk from Bukidnon to Manila may be related to a human body. Danny Buclasan, one of the Sumilao Farmers' leaders, said, that the Sumilao Farmers may be regarded as the head of this peaceful action, but they cannot proceed nor succeed without the active participation of the support groups, which may be considered as their body. Indeed, since they share the same advocacy, they need to coordinate and unite.
Now, on their second day of walking in Luzon, the support from the church, civil society organizations, peasant federations, and local governments are overwhelming.
The DAR in the province, like its provincial offices in Mindanao and Visayas, also visited the Sumilao Farmers. The marchers, particularly Yoyong Merida, President of San Vicente Landless Farmers Association (SALFA), was informed by an employee of the department that they have a scholarship program; that this program is one of the support services of the department intended to uplift the status of the small farmers. The marchers responded that they all know of such program. They believe such scholarship program is a form of support to the farmers, but they also stressed that, though they need said program, what they need more is an urgent action from the department to respond to their calls, namely:
1. *Restore the Dignity of the Sumilao Farmers!*
2. *Revoke the Conversion Order!*
3. *Reclaim the Land!*
4. *Reform and Extend the Comprehensive Agrarian Reform Program (CARP)!*
5. *Recognize the need for a National Land Use Law!*
Meanwhile, the support groups gave their respective messages of support to the Sumilao Farmers. The messages delved on the similarities of their issues and problems; that they admire the perseverance and determination of the Sumilao Farmers; and that all of them support the struggle of the marchers.
Also, the Sumilao Farmers observed that the locals of Matnog to Irosin were knowledgeable, in fact well-versed, in agrarian reform issues. Their discussion was lively because most of them freely shared their ideas and insights.
By nightfall, the marchers proceeded San Mateo Hot and Cold Resort located at Brgy. Monbon, Irosin. They were surprised to see that there were high school students from the School of Holy Spirit who were waiting for their arrival. The marchers were moved when the students handed them rosaries. They spent time to talk with the students and explain the whole story of their walk.
A mass was also celebrated, organized by Sister Frances Grace and some other sisters from the Congregation of Holy Spirit. The
Sumilao Farmers were surprised to know that ten years ago, Sister Grace joined them once in their hunger strike in front of the DAR National Office in Quezon City. They were inspired that until now, after ten years, Sister Grace and the rest of the sisters of the Congregation of the Holy Spirit still believe and support their struggle.
Before going to bed, the Sumilao Farmers dived in the spring. Most of them chose the warm and relaxing effect of the hot spring, while some, particularly the younger ones, dived in the cold spring.
*Revisiting the case of the Sumilao Farmers:*
*Quisumbing and/or SMFI Changed the Authorized Use of the Land*
To make thing worse, once more fooled the Sumilao Farmers by selling the 144-hectare ancestral land to San Miguel Foods, Inc. (SMFI), the biggest conglomerate in the country owned by no less than Danding Cojuangco.
Such act only reveals that Quisumbing either did not have the interest nor the capacity to implement the approved agro-industrial plan. It could be surmised that Quisumbing did not plan to develop the said land in the first place. Otherwise, changes or improvements would have taken place immediately. Rather, Quisumbing fought the fight of converting the land so it could be sold at a good price to SMFI. The plan was evidently made to avoid the coverage of the land from CARP.
SMFI, through its sister company Monterey Livestock Farm, plans to put up a 144-hectare piggery with 162 buildings to house
4,400 female pigs and 44,000 piglets. The conditions of the Conversion Order issued by the Office of the President, specifically the implementation of the BAIDA development plan, were conveniently disregarded. Considering that SMFI is a mere successor-in-interest of Quisumbing, the conditions of the Conversion Order clearly binds the former as provided by *DAR Administrative Order No. 1, Series of 2002:*
*"Section 33. Conditions of Conversion Order. The approval of the application for conversion order shall be subject to the following conditions:*
1. *The landowner and future landowners(s) of the property approved for conversion shall not change its use to another use not authorized under the Conversion Order without prior consent from the DAR.*
* **Section 34. Effects of Approval of Conversion.
The approval of an application for conversion shall have, but shall not be limited to the following effects:*
1. *It shall be limited to the specific use of the land authorized in the Conversion Order.*
2. *The conditions thereof shall be binding upong successors-interest of the property."*
Such act of illegally converting the land to a piggery farm which completely different from the authorized use according to the application and the approved Conversion Order is another serious violation which needs to be addressed in accordance with law and justice.
Based on the foregoing, SMFI has grossly and willfully committed violations on laws and other issuances on land conversion, specifically, *DAR Administrative Order No. 1, Series of 1990 *in relation to *DAR Administrative Order No. 2, Series of 1990, DAR Administrative Order No. 12, Series of 1994 (Consolidated and Revised Rules and Regulations Governing Conversion of Agricultural Lands to Non-Agricultural Uses), *and *DAR Administrative Order No. 1, Series of 2002. * Without doubt, the violations are grounds for the immediate revocation of the Conversion Order given to Quisumbing and his successor-in-interest SMFI:
*"Section 47. Grounds – The following acts or omissions shall warrant revocation of the Conversion Order:*
1. *Non-compliance with the conditions of the Conversion Order;*
2. *Conversion to a use other than that authorized in the Conversion Order.**"*
* **The Fellowship of the 144-hectare Land in Sumilao*
So many people to thank for what had happened yesterday. To name a few, the Sumilao Farmers would like to thank for the solidarity of SANDIGAN, PAKISAMA, HSAI, PINAGSAMA, SAFSCO, Congregation of Holy Spirit Sisters and the high school students of the Holy Spirit School. They also would like to thank the owner/s of the San Mateo Hot and Cold Resort for providing the Sumilao Farmers a place to stay.
There were other unnamed faces who appeared yesterday to show their solidarity. To them, the marchers would like to extend their heartfelt gratitude.
*Today*
Today, they are negotiating a 37-kilometer road from Irosin to Sorsogon City with the Kilusan ng Magbubukid ng Pilipinas (KMP).
12 November 2007
Walk for Sumilao, Walk for the Peasantry
The Walk for Sumilao Land, Walk for Justice Campaign carries various issues on the state and implementation of the Comprehensive Agrarian Reform Program (CARP). It is initiated by the Sumilao Farmers primarily to reclaim the 144-hectare landholding in their hometown. Although they have particular calls such as revocation of the conversion order, they are also calling for the extension and reformation of the CARP, and recognition for a need of a Land Use Law, which, would redound to the benefit of the whole peasantry across the country.
11 November 2007 is the Sumilao Farmers' 2nd day of walk in the island of Luzon. They first set foot on this island on 9 November in the Municipality of Matnog. Yesterday they traversed the whole stretch from the Municipality of Irosin to Sorsogon City,
covering 37 kilometers.
The marchers saw some vast of farms along the way. They saw their fellow farmers tilling and developing their respective lands. Some of these local farmers approached and chatted up the marchers. The local farmers learned that though the issue on repression
and infringement of the small farmers' rights are prevalent, somehow, they find that in a way, they are still in a better position and condition compared tothe others.
The Sumilao Farmers left the local farmers with an assurance that they will finish and continue to advocate the extension and reformation of CARP.
On their way to Sorsogon City, another group of farmers was staging a rally against the Department of Agrarian Reform (DAR). These farmers tried to join the ranks of the Sumilao Farmers, but eventually decided to let the Sumilao Farmers have their own
campaign and demonstration.
The following farmer organizations joined the Sumilao farmers toward Sorsogon city: PANGOPOD, BAP, LPKI-SCUPFI, CBTG and Coastal Core. These organizations have been waiting for the arrival of the Sumilao Farmers inLuzon for quite some time; They
wanted to show their support and solidarity with the marchers.
The rest of the walk went smooth; by-standers and motorists kept on shouting chants and messages of solidarity with the Sumilao Farmers.
For some reason or another, the pace of the marchers was faster compared to the previous days. They arrived in Sorsogon City earlier than expected. They proceeded to Fatima Parish Church of Sorsogon City where Bishop Arturo M. Bastes welcomed them.
Two of The Sumilao Farmers, Yoyong and Toto, maximized the presence of some members of the local media. In an interview with Radyo Natin, they explained the history and reason why they decided to walk from Bukidnon to Manila.
They stayed in the Diocese Pastoral Center of Sorsogon City where the city's Social Action Center (SAC) attended to their personal needs.
Revisiting the Sumilao Case:
Cancellation and/or Revocation of the Conversion Order Issued to Quisumbing is Proper Despite the lapse of more than five (5) years from the time the conversion order became final and executor (25 August 1999), NQSRMDC and its successor-in-
interest, SMFI, failed to initiate or undertake any single development work in the area, in violation of the conditions of the conversion order pursuant to the rules governing conversion.
Be it noted that when NQSRMDC applied for conversion of the land from agricultural to agro-industrial, it included the following project proposals in its development plan otherwise known as the Bukidnon Agro-Industrial Development Association (BAIDA):
Development Academy of Mindanao which constitutes the following: Institute for Continuing Higher Education; Institute for Livelihood Science (Vocational and Technical School); Institute for Agribusiness Research; Museum, Library and Cultural Center which covers an area of 24 hectares;
Bukidnon Agro-Industrial Park which consist of corn processing for corn oil, corn starch, various corn products; rice processing for wine, rice-based snacks, exportable rice; cassava processing for starch, alcohol and food delicacies; processed and prepared
food market; cold storage and ice plant; cannery system; commercial stores; public market, and abbatoir needing about 67 hectares;
Forest Development includes open spaces and parks for recreation, horseback riding, memorial and animals (mini zoo) estimated to cover 33 hectares;
Support Facilities include the construction of a hotel (360 rooms), Restaurants, Dormitories and Housing Project covering an area of 20 hectares;
Mindanao Sports Development Center that includes facilities that shall qualify for international competitions such as: track and filed oval, baseball and softball, tennis courts, basketball courts, swimming pools, equestrian court, games of chance – billiard, bowling, etc.; and
Commercial Mall
A careful perusal of the facts would show that applicant NQSRMDC failed to comply with the strict regulations on conversion of agricultural lands. The proposed hog project by SMFI is very different from the approved development plan by the applicant
NQSRMDC.
The Fellowship of the 144-hectare Land in Sumilao
The Sumilao Farmers would like to thank Laan Para sa Kinabukasan Inc., ITF, Batit Anay Project, Diocese of Sorsogon thru Sorsogon Social Action Foundation Inc. (SSAFI), and PANGODPOD Inc. for the statement they released extending their support and solidarity with the Sumilao Farmers.
The Sumilao Farmers would also want to thank those farmer organizations who joined them - PANGOPOD, BAP, LPKI-SCUPFI, CBTG and Coastal Core; Bishop Arturo Bastes for his warm welcome when they reached Sorsogon City; and the Social Action Center for providing the Sumilao Farmers a place to stay.
Today and Tomorrow
The Sumilao Farmers are on their way to the Municipality of Putyaw, another 37 kilometers distance from Sorsogon City. Tomorrow, they will leave Putyaw and will head off to Daraga for a 23-kilometer walk.
13 November 2007
Solar Drier
Yesterday's (12 November 2007) Walk for Sumilao Land, Walk for Justice was a normal journey for the Sumilao Farmers, except
for rainfalls from time to time. The whole stretch of yesterday's walk from Sorsogon City to Brgy. Putiao, Municipality of Pilar covered 37 kilometers. They left Sorsogon City at around 4:00 AM after their morning rituals (stretching, exercise and coffee).
The ranks of the Sumilao Farmers for the whole march was peaceful and in order. Rene Peñas was assigned to lead the marchers.
The by-standers noticed a different hat of the farmers. Eventually it became a long-running joke when they realized that those were the under wears of the marchers. Most of them brought with them a pair of under wear and they usually wash their dirty clothes
including undies at nighttime. They do not have any time to hang their clothes that's why some of them put their under wears on their heads while walking. They call this 'solar drier'. They usually do this in their homeland in Sumilao, Bukidnon especially when they have to go farming for days. It is for them a normal practice.
Dr. Grace Bag-ao, the marchers' "resident" doctor is currently worried of their their health. Most of the farmers are suffering from cough and colds because of the weather. Rain or shine, the farmers are continuously walking. To lessen their pains and suffering, they regularly take their vitamins and some other 'over-the-counter' medicines. Aside form that, every night, the farmers are paired and each of them was encouraged to massage their partners.
The farmers are likewise suffering from skin friction (halas/pilas) between their thighs (singit). And this makes their pace slower. Dr. Jeffrey Ramos from Davao Medical School Foundation advised the farmers to apply petroleum jelly to the affected areas. He also
suggested to wear tights or cycling shorts. On this regard, the farmers are badly in need of petroleum jelly and since cycling shorts are too expensive, they are requesting panties. (They said panties during these times are more comfortable to wear than briefs.
They spent the night in the Holy Family Parish in Brgy. Putiao, Pilar, Sorsogon.
Sumilao Farmers' Support Groups in Manila
Meanwhile, some support groups of the Sumilao Farmers together with Peter Tuminhay and Quirico Ligmon are currently doing simultaneous initiatives in support of those who are currently walking. Yesterday, they had a meeting with Congressman Bulut and DAR Sec. Nasser Pangandaman regarding CARP Extension. Then they attended the meeting of the House of Representatives Committee on Agrarian Reform.
Right after the two above said meetings, they again met with Cong. Bulut. During the meeting, Quirico Ligmon, one of the Sumilao Farmers, appraised those in attendance of the chronology of events with respect to the Sumilao case and the current petition for
cancellation of the conversion order. Cong. Bulut responded as he expressed awareness of the Sumilao Campaign and mentioned how the marchers' plight is deplorable. Ligmon also informed the legislator that the Sumilao Farmers are expected to arrive in Manila
on 3 December 2007 and will pass Batasan on 6 December 2007 . On this regard, Ligmon asked Cong. Bulut if the marchers could seek an audience with him. Philippine Legislators Committee on Population and Development (PLCPD) staff informed Cong. Bulut that an invitation will be formally sent to the latter's office for said purpose.
Revisiting the Sumilao Case:
The Instant Case id Different from the Supreme Court Case of Fortich vs. Corona
The instant Petition involves a new case with a totally different cause of action from the first Office of the President (OP) case with No. 96-C-6424, issued by then Executive Secretary Ruben Torres, granting NQSRMDC's application for the conversion order. The first OP case pertains to the approval of the conversion order of the subject land which was affirmed by the Supreme court in the case of Fortich vs. Corona.
It is important to clarify that the instant case does not seek to assail the abovementioned Decision of the Office of the President. Rather, this Petition is a separate though related remedy provided under the law; revocation of the conversion order because NQSRMDC and/or SMFI failed and continues to fail compliance with the conditions in the conversion order, both those NQSRMDC itself has enumerated in its approved application and those legal provisions and administrative issuances necessarily attached to said conversion order.
That matter being clarified, petitioners hereby assert that the Supreme Court case Fortich vs. Corona does not serve as an obstacle to the determination of this petition, as opposed to the assertion of the respondent SMFI and as articulated by this Honorable
Office of the President in its Decision dated 3 October 2007, based on the following reasons:
The petition for revocation is not barred by res judicata because the Fortich vs. Corona decision was not an adjudication on the merits; There is no identity between the causes of action in the said case and in the instant Petition for Cancellation of the Conversion Order; The Petition for Cancellation is not barred by conclusiveness of judgment; and The petitioners have legal standing in the instant case
The Call of the Sumilao Farmers: Restore the Dignity of the Sumilao Farmers
Notwithstanding their loss in the Supreme Court be mere technicality, the Sumilao Farmers' commitment of regaining their ancestral land was never diminished. In fact, it even strengthened the MAPALAD Farmers towards their advocacy for fenuine agrarian reform.
The Sumilao Farmers established the MAPALAD Multi-Purpose Cooperative (MPC) in order to reinforce their organization. Further, MAPALAD campaigned for the CARP coverage of the adjacent Salvador Carlos state which is still part of their ancestral land. Subsequently, a CLOA was issued to the MAPALAD Farmers making them the owners of the land. Salvador Carlos
initially opposed the distribution of his land to the farmers and barrage of cases ensued before the courts. The MAPALAD Farmers were criminally prosecuted for Grave Coercion when they attempted to possess their own land. Several farmer leaders were imprisoned in jail.
With divine providence, Salvador Carlos eventually understood the plight of the MAPALAD Farmers and their basic desire to have a piece of land to call their own. In his last will, Salvador Carlos agreed to subject the land for coverage under CARP with the
Sumilao Farmers as beneficiaries. They finally regained a portion of their ancestral land. But it was not that easy for the MAPALAD Farmers. Francisco Reyes, the administrator of Salvador Reyes, refused to heed the Voluntary Offer for Sale (VOS) submitted by
Salvador Carlos to the farmers. When the MAPALAD Farmers initiated their land occupation of the property, Reyes brought several armed men to harass the farmers. But the latter persisted in successfully occupying the land. The family of Salvador Carlos even
joined their thanksgiving mass where they gave the farmers rosaries and a statute of the Virgin Mary. It was a momentous event for the MAPALAD Farmers and the Carlos Family.
The MAPALAD Farmers immediately cultivated the cherished land. The cooperative, with 78 farmer beneficiaries, employed a communal farm development wherein each member was allocated a farm lot ranging from .450 to .900 hectare depending on their
participation in the MPC's projects. A portion thereof was allocated for a communal farm support community development projects such as farm technology, gender sensitivity trainings, and paralegal formation activities. Despite the inadequacy of the 66-hectare
land for at least 137 growing households, the MAPALAD Farmers proved that they can develop the fullest potential of the land for agricultural productivity and at the same time for the advancement of the whole community.
Not only that, the MAPALAD Farmers also encouraged the formation of another peasant group in San Vicente, Sumilao which led to the establishment of San Vicente Landless Farmers Association (SALFA) composed of 90 farmers, 90% of whom belongs to the Higaonon Tribe. Several members of SALFA are the children of the MAPALAD Farmers and the rest are the other farmers and
farmworkers residing in the barangay. The MAPALAD Farmers also would want the SALFA members to carry on their struggle for a genuine agrarian reform and their dream of possessing a precious land that is actually theirs in the first place.
All the SALFA members are landless. Apparently, the 66-hectare Carlos Estate distributed to the MAPALAD Farmers is not enough for more than 400 farmer-residents in Sumilao. There are many farmers who are still landless amid some cherished victories on the Carlos land. They merely depend on a Php50.00 to Php 80.00 labor pay per day during harvest season. Outside the harvest season, they engage in broom making where they are paid Php 1.00 per broom. This meager earning could hardly provide food for their
family. Not one of them had completed their schooling.
The SALFA members also dreamt of one thing – a land of their own.
The Fellowship of the 144-hectare land in Sumilao
The following were the support groups yesterday:
· SANDIGAN;
· Municipal Government of Pilar, Sorsogon;
· Cope Foundation;
· PAKISAMA
· Social Action Center (SAC) of Sorsogon; and
· Congregation of Security of Our Lady of the Holy Trinity
Today and Tomorrow
The Sumilao Farmers are currently negotiating the roads from Pilar to Daraga with 23 kilometers. Tomorrow, they will proceed to Ligao City and will traverse another 34 kilometers.
Urgent Appeal
The Sumilao Farmers are requesting for petroleum jelly and panties.
On their 36 days of walking, three of the marchers celebrated their wedding anniversaries on the road. Last October 11, the second day of their walk, Roberto Rosente celebrated his 8th wedding anniversary. On November 8, while they were in Samar, Rene Penas also celebrated his 27th year wedding anniversary. And yesterday (Nov. 14) marked the 10th wedding anniversary of Roger Anlicao.
Their families in Sumilao, Bukidnon just lighted a candle to remember such important occasion in their life.
14 November 2007
At around 10 am on November 13, the farmers arrived in Daraga, where they were warmly welcomed by PAKISAMA-Daraga, Mayor Ching Triumpante and Vice Mayor Len Magayanes and other officers and employees of the city government, the Daraga Parishes, and the seminarians of the Diocese of Legazpi and Masbate and Virac-Mater Salutis College Seminary.
They arrived in said city after walking 20 kilometers from the municipality of Pilar. The Cope Foundation helped and guided the farmers in their walk. Upon their arrival, they rested at the Ninoy Aquino gym in Daraga city.
A mass was celebrated to uplift the spiritual spirits of the marchers. Four priests facilitated said mass, namely: Rev. Father Ramoncito Segubiense, Rev. Msgr. Noe 'Weng' Thomas, Rev. Fr. Marlon Bron and Rev. Joseph Salando.
After the mass, they held a program initiated by the local government of Daraga City, where it was actively attended by no less than Mayor Ching Triumpante and Vice-Mayor Len Magayanes.
The program helped to uplift the morale of the Sumilao farmers. The Vice-Mayor stressed that she will always support the struggle of the Sumilao Farmers. They learned that the vice mayor was once a fellow paralegal of PESANTEch (a coalition of law groups composed of SALIGAN, KAISAHAN, and BALAOD-Mindanaw) . She was also among the individuals who visited them during their hunger strike 10 years ago.
The culmination of the program was the messages of solidarity from various groups who attended the program – PAKISAMA-Bicol (Binhi-Albay, MAGSAKA-Cam. Sur., FMPC-Iriga City, FUERSA-Pasacao) , SAC Legazpi, AMIGA-Daraga, Alcala Farmers' Association, DAR Province, DA, DSWD, LGU-Daraga, DOH, PNP, Matis Salutis College Seminary, Daraga Community College, Cope Foundation and Marriage Encounter Group-Choir.
Revisiting the Sumilao Case:
Sumilao Farmers as Qualified Beneficiaries
Republic Act 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL) is a social legislation enacted primarily to respect, protect, promote and fulfill the basic human rights of the farmers, particularly those who are landless. Two of the salient features of the law are its comprehensive definition of Agrarian Reform and the enumerated qualifications before a farmer could benefit under the Comprehensive Agrarian Reform Program (CARP).
The law defined Agrarian Reform in the Philippine context and not of another. Agrarian Reform, accordingly to the law, is the redistribution of lands, regardless of crops or fruits produced to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, it includes the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical distribution lands, such as production or profit sharing, labor administration, and distribution of shares of stock, which will allow beneficiaries to receive a just share of the fruits of the land they work.
The law further says that the land to be distributed should be agricultural land, and the same 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 in the following order of priority: a) agricultural lessees and shared tenants; b) regular farmworkers; c) seasonal farmworkers; d) other farmworkers; e) actual tillers of occupants of public lands; f) collectives or cooperatives of the above beneficiaries; and g) other directly working on the land.
Based on the foregoing, the Sumilao Farmers are without doubt qualified CARP beneficiaries. Though there are no agricultural lessees and shared tenants in the disputed land, the Sumilao Farmers were once regular farmworkers of the Quisumbings. They are likewise actual residents of Brgy. San Vicente, Sumilao, Bukidnon where the landholding is situated. The land is prime agricultural land and they were occupying and personally tilling the land.
Not to mention that the land was owned and originally possessed by the ancestors of the Sumilao Farmers – the Higaonons. Legally and logically, the land should be given to the Sumilao Farmers. But because of the influence, money and capacity of few influential personalities, they were able to circumvent the law and became successful in grabbing the said land.
It is sad to note that up to this date, they are being deprived of the land that is from time immemorial, legally theirs.
The Call of the Sumilao Farmers:
Revoke the Conversion Order which allowed the Land Conversion!
Enraged by the evils that Quisumbing and Cojuangco have committed, the Sumilao Farmers, led by 28 MAPALAD Farmers together with 90 SALFA Landless Farmers, filed a petition for the Cancellation of the Conversion Order before the DAR Secretary on 3 November 2004. The petition is based on the following grounds:
·Non-compliance with the conditions of the conversion order;
·Failure to commence any development work on the property within 1 year from the issuance or the finality of the Conversion Order on August 25, 1999;
·Non-completion of the development plan on the property within 5 years from the issuance or the finality of the Conversion Order on August 25, 1999;
·Failure to submit written request for extension within 6 months before the lapse of the 5 year period;
·Failure to submit quarterly reports on the status of the development to the MARO, PARO and the DAR Regional Office as required by the Rules;
·Non-observance of the conditions for the use of the land as authorized in the Conversion Order by Quisumbing and his successor-in- interest, SMFI; and
·Unauthorized change of use of the land from the development plan as approved in the Conversion Order to a 144-hectare piggery farm without the prior consent from the DAR.
It is worth mentioning that the present petition does not assail the previous Supreme Court decion approving the Conversion Order as it has already gained finality. On the contrary, the Sumilao Farmers contend that the conditions of the Conversion Order are but proper.
Legal Standing of the Sumilao Farmers is beyond doubt
The ancestors of the Sumilao Farmers have been working on the land since time immemorial. Even after they were forcibly evicted by unscrupulous landowners from their very own land, they worked as farm laborers under Quisumbing and later for Del Monte for several years. In fact, the Sumilao Farmers were declared the owners of the 144-hectare land by virtue of the Certificate of Land Ownership Award duly given to them by the government in 1995. If not for the illegal conversion of the land as approved by the Office of the President, the Sumilao Farmers would have remained as absolute owners thereof. Without doubt, the Sumilao Farmers have a real interest in the status of the 144-hectare land.
The previous Supreme Court decision which stated that the MAPALAD Farmers do not have legal standing in the case because they were merely "recommendee farmer beneficiaries" does not affect their legal standing in the present petition as the same was merely an obiter dictum, not the ratio decidendi of the case. Ration decidendi is an analysis of what the court actually decided on and is essentially based on the legal points over which the parties in the case actually contend. All other statements about the law in the text of a court opinion are obiter dicta which are not rules for which the particular case stands.
The Supreme Court decision was purely based on technical grounds, to wit, the failure of the DAR to appeal the case on time. All other pronouncements in the previous Supreme Court decision, including the legal standing of the MAPALAD Farmers, are merely obiter dictum.
Today and Tomorrow
Today, they are currently traversing the stretch of Ligao City to the Municipality of Bula with a distance of 42 kilometers. Tomorrow, another 20 kilometers will be endured by the Sumilao Farmers as they head off to Naga City.
15 November 2007
Walk for Sumilao Land, Walk for Justice:
920 Kilometers in 36 Days
At 4:30 am yesterday , the Sumilao farmers started to walk the distance of 22 kilometers from Daraga, Albay to Ligao City. It was a difficult day for them because it rained during their entire walk. Nevertheless, they managed to arrive in Ligao city at around 11:00 am.
They rested and ate their lunch at St. Stephen Protomartyr Parish, an ancient church built in 1818.
After taking their lunch, they attended to their personal needs. Some decided to sleep, others washed their clothes, massaged their feet, while others talked with the local parishioners
At 5:00 in the afternoon, they heard a regular mass officiated by Fr. Bob Banares and Fr. Ton Pet Ballares. They talked to the farmers after the mass, and generously gave the amount received from the offering to the farmers.
By nighttime, some officers of the Department of Agrarian Reform (DAR) and employees of Ligao city, headed by its administrative officer, visited the farmers. BINHI-PAKISAMA, a people's organization in the city, prepared the dinner for the farmers. UNORKA, another peasant group in the city also visited the farmers and gave their support.
Before sleeping, the farmers had a short gathering to discuss the plan for the walk the following day.
Probably due to physical exhaustion, many of the farmers did not sleep well. Some were heard talking on their sleep, while few others sobbed.
To date, the farmers have already covered 920 kilometers, which is more than half the distance of their total journey from barangay San Vicente, Sumilao in Bukidnon to Manila.
Yesterday also marks their 36 th day of walk.
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