AN OPEN LETTER
To all concerned Malalag residents:
Last Jan 25, 2007, the peace of Malalag was disturbed by gunshots from encounters between armed guards of two opposing groups. Actually, these incidents of gunfire exchange took place inside the banana plantation that morning just behind the church. The day before, farmer-beneficiaries heard a mass commemorating the death of one of their members who had a stroke after several days of occupying a portion of the 317-hectare area that had been turned over to them by the DAR Sheriff on November 29, 2006 by virtue of a Writ of Execution issued on October 3, 2006 by the Honorable Norberto P. Sinsona, DAR Regional Adjudicator. All these are based on the decision of the Supreme Court promulgated on January 21, 2005 which became final and executory on August 31, 2005.
A few days before January 25, 2007, the farmer-beneficiaries succeeded in entering another area but were soon dominated and later evicted by armed groups. These armed groups are believed to be trained for this type of operation, reportedly hired by Lapanday and handled by Diomy Salgados, under the command of Lolita Tenorio, leader of an Indigenous People’s (IP) group who claim the entire area to be part of their Ancestral Domain claim. These goons are notorious in other Lapanday areas like in Mandug and Bukidnon. These same goons burned down the farmers’ makeshift tents prompting them to scamper to safer grounds.
Here’s the history or background of this sensational case:
In 1924, Orval Hughes, one of the pioneering enterprising Americans under Governor Bolton, was granted lease of about 716 hectares in Malalag, Davao del Sur for 26 years. What was interesting about this man was that he married the wife of the local datu who already had one child who is the mother of Lita Tenorio. Hughes had five children with this local wife. During the Japanese occupation Orval Hughes died and his heirs (his five children) succeeded the lease. Prior to the expiration, the Hughes heirs filed individual sales applications over 716 hectares of the land leased. However, in 1949, a group of some 133 persons petitioned for the cancellation of lease agreement but the petition was denied. On November 1955 – Teodolfo Tocao led the same 133 persons in filing with the Office of the President their opposition to the sales application of the lands by the Hughes heirs but the opposition was overruled and dismissed a year later. Oppositors subsequently moved for reconsideration. On August 20, 1957, an Amended Decision by the Executive Secretary awarded the 399 hectares to oppositors and 317 hectares to Hughes heirs. A series of actions and petitions for the annulment of the decision of the Office of the President (dated August 20, 1957) by the Hughes Heirs was all dismissed by the Trial Court, Court of Appeals, Court of First Instance of Quezon City. Until 1987, a total of eight cases were made for the annulment, injunctions and reconsiderations - and all were dismissed upholding the 1957 ruling in favor of the farmers (awarded 399-hectares). Since 1991, a vast banana plantation under Lapanday was developed alongside the town proper. On Feb 1995, Maximo Estita et al. (awardees named by the Minister of Natural Resources in the Sept 1981 Order) filed a case against Lapanday Ventures Inc. However, in 1997, ALL 716 hectares was covered under CARP and PARAD-DAR consequently ordered the company to turn over the involved areas they occupied for CARP coverage. The decision favoring the petitioners declared that “any portion remaining thereof was to be allotted to all deserving and listed members of DASURFA”. This specifically refers to the remaining 317 hectares. Lapanday filed its motion for reconsideration of the PARAD Decision on Aug 1997 and was denied through a resolution dated Dec 1, 1997. This company has since then several times sought motions for reconsideration and injunctions one after another to no avail – always rebuffed by the courts, upholding the original ruling until it reached and ruled by the Supreme Court twice in 2005. The Supreme Court, finally, released the Entry of Judgment last year, January 2, 2006 for DAR to implement the High Court order.
So, why were guns fired that fateful Jan 25th? They cannot accept the fact that these farmer-beneficiaries and long ago awardees would dare to comeback and enter their lands after gun-totting harassment a few weeks before. Guns were fired first from outside the newly barb-wired fence perimeter and the armed guards from within responded in defense. It was a hostile attack and they did this three times that day. But the local police still find it hard to investigate or understand. What they, especially the local police chief, do not realize is that the peace of the Malalag community is burdened by their apathy and complacent inaction that led to this situation. At the last portion of the Supreme Court Order, it is very clearly stated that the Armed Forces of the Phils or the Phil Nat’l Police will escort the DAR sheriff in implementing the said order. However, for whatever reason, this is not clear for the local police or they are simply following instructions from pressure groups and the situation now is ‘out of control’. No wonder the provincial police force is now frequently in the municipality and attending to the situation. Due to this incredibly ridiculous situation, we are witnessing right now the people taking the initiative and on their own taking possession of the land that long ago the law has awarded to them. The law placed them there without the assistance of the local government they direly need.
To the dismay of Lapanday and its cohorts, DAR is holding its ground and is now taking the initiative to access for military or police to escort them so they can continue their survey works which were constantly disrupted by intervening forces who induced events to prevent implementation of the court order. We commend DAR for doing its job according to its mandate.
Why is Tenorio so furious about this? Because she thinks she not only owns all the 716 land operated by the late Orval Hughes but the whole of Malalag. But it can be more conceivable to think that she was misled also. Hugely assisted with financial and other resources (goons, etc), there seems to be no turning back for her and her counsel who knows from his profession that his case is slowly tilting to nowhere despite the already ‘full’ support. When the Supreme Court order enumerated the specific beneficiaries, it simply means that what was not enumerated is excluded and cannot take part in the benefits of the courts' judgment. Surely, it did not include the name of Tenorio. But it is understandable to see the names of the heirs of Orval Hughes mentioned in the ruling because the disputed land was once indisputably occupied and utilized by Mr. Hughes (and not his client’s ancestor or by any other person) leased from the Philippine government. Atty. Torreon knows this and he knows also that the IPRA law cannot apply to lands already in legal possession prior to the promulgation of the law. Otherwise, jurisprudence on property rights system of the Philippines would be in disarray. Atty. Torreon misled his clients into believing that they still have the chance of winning their case. We wish Atty. Torreon could honestly explain to his clients the real score of the game. When he permitted himself to be interviewed at Bombo Radyo just recently, he not only maligned these poor farmer-beneficiaries but also to his opposing counsel (an act devious to their oath), his fellow brother in the profession, Atty. Carillo, who painstakingly took on his client’s case despite minimal compensation. On the air he declared that these farmer-beneficiaries have no right to insist and install themselves on the awarded lands since DAR had not finished and finalized in identifying the potential beneficiaries. Maybe he forgot or intentionally set aside the Supreme Court order just to impress his clients, and misled the people in Malalag that these farmer-beneficiaries are indeed stupid and dim-witted mammals. Certainly, the Supreme Court had enumerated these farmer-beneficiaries in the order to be awarded these lands, and, of course, what had been enumerated excluded others. In that interview, he also bared that his clients had no more interest whatsoever to the 399 hectares, portion of the estate claimed by the group of Mangubat. He said that his client had already arranged or settled amicably with Mangubat’s group and his clients disputed only the 317-hectares, awarded to these poor farmer-benficiaries. Atty. Torreon also said that when they filed the case for quieting of title before the RTC in Digos, and prayed for TRO, Dr. Mangubat filed a disbarment case against him and the Judge who handled and issued the TRO (later to be lifted). Maybe a disbarment case is also proper to be filed by these poor farmer-beneficiaries against Atty. Torreon so he can correctly explain to his clients and supporters the real status of their case. But he knows that he cannot simply concede despite the fact that the odds are against his clients. With his huge ‘support’ he does not care anymore. Read the excerpts of the latest hearing by the Court of Appeals last January 18 in Cagayan de Oro and you will notice how he grappled with his statements to no avail – always rebuffed by the Justice. He even delivered an incriminating statement that his client had already entered a contract with Lapanday and the honorable Justice questioned him why knowing that Lapanday has no possessory right over the lands, especially that they were ordered to vacate already in October 30, 2006. But the height of their hypocrisy became apparent when they went back to Malalag telling their supporters and everybody that they won and they slaughtered one cow for the ‘celebration’. They were in full force in Cagayan including the Lapanday counsel and maybe also during their fictitious celebration.
What we are seeing also is a breakthrough of the oppressed and the lowly. This liberating strength can be shared by the other petitioners group of the 399-hectare portion who much earlier had a taste of legal victory but was misled by Lapanday.
This open letter seeks support from YOU, the local residents, to help these people in whatever possible manner of support - immediately to those inside the banana plantation right now and later to those petitioner-awardees of the 399-hectare under Mangubat group. Seldom is it in land disputes that tenants and landowners reach a settlement after a long legal battle. But here in Malalag, both parties have reached some form of settlement. It is only the mighty squatter Lapanday with poor Tenorio, misled into believing she is correct, together with the biased local government and its local police force, who think that Malalag is still in the 1950-60s time zone and preventing justice to take its course. They failed to take into account that if these farmer-beneficiaries get to enjoy the bounty of their land the municipality will also benefit with the increased purchasing power of these farmers which eventually will lead to more local trading, consumption, even school enrollment – in other words, more economic activity for the municipality. The farmer-beneficiaries deserve to win and claim their land now. It seems clear that they braved their way to get in to their land over the unsupportive LGU-local police force. The LGU officials and local police force are therefore enjoined to finally serve these long ago displaced constituents of Malalag now coming back to start life again. Your change of heart can be manifested by simply abiding to what the court orders tell you to do. Copies of this letter will also be distributed to other places to appeal for support. This will also be transmitted to reach to banana markets overseas for them to realize that Lapanday, being ISO-compliant, is growing bananas from questionable lands, persecuting and harassing rightful owners. Many people are slowly coming to this place to extend help. This is no longer a local issue; this is becoming a national or even an international issue about property rights, agrarian emancipation as well as our endeared human rights.
May God Bless both the oppressed and those who emancipate the oppressed!
From: Friends and Supporters of MUFMPC/DASURFA
February 4, 2007
To all concerned Malalag residents:
Last Jan 25, 2007, the peace of Malalag was disturbed by gunshots from encounters between armed guards of two opposing groups. Actually, these incidents of gunfire exchange took place inside the banana plantation that morning just behind the church. The day before, farmer-beneficiaries heard a mass commemorating the death of one of their members who had a stroke after several days of occupying a portion of the 317-hectare area that had been turned over to them by the DAR Sheriff on November 29, 2006 by virtue of a Writ of Execution issued on October 3, 2006 by the Honorable Norberto P. Sinsona, DAR Regional Adjudicator. All these are based on the decision of the Supreme Court promulgated on January 21, 2005 which became final and executory on August 31, 2005.
A few days before January 25, 2007, the farmer-beneficiaries succeeded in entering another area but were soon dominated and later evicted by armed groups. These armed groups are believed to be trained for this type of operation, reportedly hired by Lapanday and handled by Diomy Salgados, under the command of Lolita Tenorio, leader of an Indigenous People’s (IP) group who claim the entire area to be part of their Ancestral Domain claim. These goons are notorious in other Lapanday areas like in Mandug and Bukidnon. These same goons burned down the farmers’ makeshift tents prompting them to scamper to safer grounds.
Here’s the history or background of this sensational case:
In 1924, Orval Hughes, one of the pioneering enterprising Americans under Governor Bolton, was granted lease of about 716 hectares in Malalag, Davao del Sur for 26 years. What was interesting about this man was that he married the wife of the local datu who already had one child who is the mother of Lita Tenorio. Hughes had five children with this local wife. During the Japanese occupation Orval Hughes died and his heirs (his five children) succeeded the lease. Prior to the expiration, the Hughes heirs filed individual sales applications over 716 hectares of the land leased. However, in 1949, a group of some 133 persons petitioned for the cancellation of lease agreement but the petition was denied. On November 1955 – Teodolfo Tocao led the same 133 persons in filing with the Office of the President their opposition to the sales application of the lands by the Hughes heirs but the opposition was overruled and dismissed a year later. Oppositors subsequently moved for reconsideration. On August 20, 1957, an Amended Decision by the Executive Secretary awarded the 399 hectares to oppositors and 317 hectares to Hughes heirs. A series of actions and petitions for the annulment of the decision of the Office of the President (dated August 20, 1957) by the Hughes Heirs was all dismissed by the Trial Court, Court of Appeals, Court of First Instance of Quezon City. Until 1987, a total of eight cases were made for the annulment, injunctions and reconsiderations - and all were dismissed upholding the 1957 ruling in favor of the farmers (awarded 399-hectares). Since 1991, a vast banana plantation under Lapanday was developed alongside the town proper. On Feb 1995, Maximo Estita et al. (awardees named by the Minister of Natural Resources in the Sept 1981 Order) filed a case against Lapanday Ventures Inc. However, in 1997, ALL 716 hectares was covered under CARP and PARAD-DAR consequently ordered the company to turn over the involved areas they occupied for CARP coverage. The decision favoring the petitioners declared that “any portion remaining thereof was to be allotted to all deserving and listed members of DASURFA”. This specifically refers to the remaining 317 hectares. Lapanday filed its motion for reconsideration of the PARAD Decision on Aug 1997 and was denied through a resolution dated Dec 1, 1997. This company has since then several times sought motions for reconsideration and injunctions one after another to no avail – always rebuffed by the courts, upholding the original ruling until it reached and ruled by the Supreme Court twice in 2005. The Supreme Court, finally, released the Entry of Judgment last year, January 2, 2006 for DAR to implement the High Court order.
So, why were guns fired that fateful Jan 25th? They cannot accept the fact that these farmer-beneficiaries and long ago awardees would dare to comeback and enter their lands after gun-totting harassment a few weeks before. Guns were fired first from outside the newly barb-wired fence perimeter and the armed guards from within responded in defense. It was a hostile attack and they did this three times that day. But the local police still find it hard to investigate or understand. What they, especially the local police chief, do not realize is that the peace of the Malalag community is burdened by their apathy and complacent inaction that led to this situation. At the last portion of the Supreme Court Order, it is very clearly stated that the Armed Forces of the Phils or the Phil Nat’l Police will escort the DAR sheriff in implementing the said order. However, for whatever reason, this is not clear for the local police or they are simply following instructions from pressure groups and the situation now is ‘out of control’. No wonder the provincial police force is now frequently in the municipality and attending to the situation. Due to this incredibly ridiculous situation, we are witnessing right now the people taking the initiative and on their own taking possession of the land that long ago the law has awarded to them. The law placed them there without the assistance of the local government they direly need.
To the dismay of Lapanday and its cohorts, DAR is holding its ground and is now taking the initiative to access for military or police to escort them so they can continue their survey works which were constantly disrupted by intervening forces who induced events to prevent implementation of the court order. We commend DAR for doing its job according to its mandate.
Why is Tenorio so furious about this? Because she thinks she not only owns all the 716 land operated by the late Orval Hughes but the whole of Malalag. But it can be more conceivable to think that she was misled also. Hugely assisted with financial and other resources (goons, etc), there seems to be no turning back for her and her counsel who knows from his profession that his case is slowly tilting to nowhere despite the already ‘full’ support. When the Supreme Court order enumerated the specific beneficiaries, it simply means that what was not enumerated is excluded and cannot take part in the benefits of the courts' judgment. Surely, it did not include the name of Tenorio. But it is understandable to see the names of the heirs of Orval Hughes mentioned in the ruling because the disputed land was once indisputably occupied and utilized by Mr. Hughes (and not his client’s ancestor or by any other person) leased from the Philippine government. Atty. Torreon knows this and he knows also that the IPRA law cannot apply to lands already in legal possession prior to the promulgation of the law. Otherwise, jurisprudence on property rights system of the Philippines would be in disarray. Atty. Torreon misled his clients into believing that they still have the chance of winning their case. We wish Atty. Torreon could honestly explain to his clients the real score of the game. When he permitted himself to be interviewed at Bombo Radyo just recently, he not only maligned these poor farmer-beneficiaries but also to his opposing counsel (an act devious to their oath), his fellow brother in the profession, Atty. Carillo, who painstakingly took on his client’s case despite minimal compensation. On the air he declared that these farmer-beneficiaries have no right to insist and install themselves on the awarded lands since DAR had not finished and finalized in identifying the potential beneficiaries. Maybe he forgot or intentionally set aside the Supreme Court order just to impress his clients, and misled the people in Malalag that these farmer-beneficiaries are indeed stupid and dim-witted mammals. Certainly, the Supreme Court had enumerated these farmer-beneficiaries in the order to be awarded these lands, and, of course, what had been enumerated excluded others. In that interview, he also bared that his clients had no more interest whatsoever to the 399 hectares, portion of the estate claimed by the group of Mangubat. He said that his client had already arranged or settled amicably with Mangubat’s group and his clients disputed only the 317-hectares, awarded to these poor farmer-benficiaries. Atty. Torreon also said that when they filed the case for quieting of title before the RTC in Digos, and prayed for TRO, Dr. Mangubat filed a disbarment case against him and the Judge who handled and issued the TRO (later to be lifted). Maybe a disbarment case is also proper to be filed by these poor farmer-beneficiaries against Atty. Torreon so he can correctly explain to his clients and supporters the real status of their case. But he knows that he cannot simply concede despite the fact that the odds are against his clients. With his huge ‘support’ he does not care anymore. Read the excerpts of the latest hearing by the Court of Appeals last January 18 in Cagayan de Oro and you will notice how he grappled with his statements to no avail – always rebuffed by the Justice. He even delivered an incriminating statement that his client had already entered a contract with Lapanday and the honorable Justice questioned him why knowing that Lapanday has no possessory right over the lands, especially that they were ordered to vacate already in October 30, 2006. But the height of their hypocrisy became apparent when they went back to Malalag telling their supporters and everybody that they won and they slaughtered one cow for the ‘celebration’. They were in full force in Cagayan including the Lapanday counsel and maybe also during their fictitious celebration.
What we are seeing also is a breakthrough of the oppressed and the lowly. This liberating strength can be shared by the other petitioners group of the 399-hectare portion who much earlier had a taste of legal victory but was misled by Lapanday.
This open letter seeks support from YOU, the local residents, to help these people in whatever possible manner of support - immediately to those inside the banana plantation right now and later to those petitioner-awardees of the 399-hectare under Mangubat group. Seldom is it in land disputes that tenants and landowners reach a settlement after a long legal battle. But here in Malalag, both parties have reached some form of settlement. It is only the mighty squatter Lapanday with poor Tenorio, misled into believing she is correct, together with the biased local government and its local police force, who think that Malalag is still in the 1950-60s time zone and preventing justice to take its course. They failed to take into account that if these farmer-beneficiaries get to enjoy the bounty of their land the municipality will also benefit with the increased purchasing power of these farmers which eventually will lead to more local trading, consumption, even school enrollment – in other words, more economic activity for the municipality. The farmer-beneficiaries deserve to win and claim their land now. It seems clear that they braved their way to get in to their land over the unsupportive LGU-local police force. The LGU officials and local police force are therefore enjoined to finally serve these long ago displaced constituents of Malalag now coming back to start life again. Your change of heart can be manifested by simply abiding to what the court orders tell you to do. Copies of this letter will also be distributed to other places to appeal for support. This will also be transmitted to reach to banana markets overseas for them to realize that Lapanday, being ISO-compliant, is growing bananas from questionable lands, persecuting and harassing rightful owners. Many people are slowly coming to this place to extend help. This is no longer a local issue; this is becoming a national or even an international issue about property rights, agrarian emancipation as well as our endeared human rights.
May God Bless both the oppressed and those who emancipate the oppressed!
From: Friends and Supporters of MUFMPC/DASURFA
February 4, 2007
note: i like to help "only"
