Aloguinsan land dispute: Police, NGO take conflict to court

CEBU, Philippines - After the flying of fists, stones and even human wastes and urine, legal charges and counter-charges are now being thrown by and against the police and civilians involved in last Monday’s land-related chaos at Barangay Bonbon, Aloguinsan, Cebu.

The Philippine National Police will file four charges against 39 persons including 13 women, three students of the University of the Philippines and three minors arrested during the commotion that followed the fencing of a 168-hectare agricultural land owned by a private family.

The Farmers Development Center (Fardec), meanwhile, will also file five counter-charges against the police, including Police Regional Office-7 Director Ager Ontog and Cebu Provincial Police Office Director Patrocinio Comendador.

The Gantuangco family, meanwhile, will file a motion for contempt of court against Fardec, the farmers and some support groups.

Because of the pending cases in court, the Commission on Human Rights announced it will no longer be dipping its fingers on the issue, although Fardec yesterday announced it will seek the agency’s help.

Fardec, a nongovernment group helping farmers in Central Visayas, accused the police of starting the commotion although the police have denied this.

Lawyer Julius Ompad, head of the investigating team, told The FREEMAN that for the two minors, he will ask a certificate of discernment from the Department of Social Welfare and Development where the two are being housed temporarily.

Police are eyeing charges for obstruction of justice, direct assault, malicious mischief and resisting arrest.

Senior Inspector Jaime Tolentino, chief of the Aloguinsan Police Station, said tension eased after Monday’s arrest of 39 farmers. The fencing work has continued.

All augmentation personnel, however, will remain in the area to monitor the situation.

Those who were detained at the police stockades of Pinamungajan and Toledo City are Jason Engarcial, 28; Nelson Engarcial, 18; Terry Obtina, 49; Lilia Engarcial, 58; Jino Jilwano, 34; Amita Tumulak, 59; Adelaida Alcos, 58; Behamia Maurin, 60; Merlyn Engarcial, 39; Filicidad Lausa, 50; Alejandra Pañares, 42; Teresa Nengasca, 54; Eremias Nengasca, 19; Ramil Engarcial, 37; Cerilo Engarcial, 59; Jimmy Obtina, 27; Susan Elaria, 42; Andrea Quiño, 55; Rosalinda Bayadog, 37; Jeanalyn Hilaria, 19; Jevelyn Hilaria 19; Susan Alcos, 30; Arlene Ordanesa, 37; Romeo Ordanesa, 39; Adelina Tumulak, 38; Ramelo Arnaiz, 45; and three girls aged 15, 16 and 17 all of Barangay Bonbon.

Also arrested were Rocky Aribado, 27; Lebrado Manzano, 61; Florentino Seguesbal, 77 all of Barangay Poblacion, Aloguinsan; Beam Abasolo, 19, of Barangay Kimar; Emarito Roble, 41, of Barangay Lamac; Alfrida Alcos, 69, of Barangay Poblacion all of Pinamungajan town.

Others who are still in jail are Januella Rontos, 21, of Barangay Looc and Melanie Montanio, 20, of Barangay Jagobiao both of Mandaue City. Cristina de la Cerna, 47, of Barangay Bato, Toledo City and Remy Jade Manzon, 19, of Barangay Lahug, Cebu City.

They were allegedly violent when court sheriff Melvin Destura presented a temporary restraining order dated August 12 issued by Judge Hermes Montero of the Regional Trial Court Branch 59 in Toledo City.

 The police claimed that farmers started throwing stones, pieces of wood, hot water, acid, tear gas, urine placed inside plastic bags, human wastes, Indian arrows and sling shots.

Backhoe driver Arnel Agas was hit with a stone on the nape while the hose of the Aloguinsan fire truck was cut and burned. PO1 Leroy Quisido was also hit with a stone.

The group also reportedly started another round of commotion by throwing things at PO3 Gerardo Abad, who suffered from burns on his back. A PO1 Ompad of the RPSB-7 was also hit in the neck.

Some farmers were lying on the ground of the national highway of Barangay Bonbon, blocking the commuters and causing a traffic jam.

In an official statement, Comendador said the rule of law, and not anarchy, must prevail. Inspector Allan Cuizon, Public Information Officer of the CPPO, said that the PNP is ready to face the charges filed by the Fardec.

Cuizon said the PNP was protecting both sides but when the farmers crossed the police line, this provoked the commotion. 

After almost two months of monitoring the case, the Commission on Human Rights will no longer intervene. CHR supervising investigator Primo Cadampog said they cannot assist the Karapatan-Central Visayas, who is planning to file complaints before their office, with the issuance of the temporary restraining order (TRO).

Cadampog said the lawyer of the Gantuangco family furnished him a copy of the TRO before its implementation. He took the accounts of the farmers last July 7 who complained of harassment from the opposite camp, thus, the CHR conducted an investigation.

Cadampog said he accompanied the farmers to the barangay hall in Bonbon to secure a certificate to file action. However, until now the CHR has yet to receive the said certificate so the investigation is still pending.

“Karon nga naa na’y TRO, di na ta manghilabot kay kita man sad ang makiha sa korte,” he said.

Former Senator Sonny Osmeña yesterday visited the detainees. His ally, former congressman Antonio Yapha, Jr. is reportedly taking care of the food for the detainees in Pinamungajan where his daughter, Geraldine Yapha, is mayor. 

Osmeña said he intends to help the detainees post bail but no charges have been filed yet by the authorities as of yesterday.

He learned from Arman Perez of Bayan Muna that the detainees will be charged with contempt of court for allegedly blocking the court order to fence the property of the Gantuangco family.

He said he will ask Perez to petition the court to just release the detainees “out of the goodness of the judge.”

“That is very minor, hangyoon nga pasayloon na lang na kay mga tiguwang na tawn na ang uban,” Osmeña said.

Osmeña stressed that the long term solution of the problem is to apply the law on agrarian reform.

Perez confirmed they asked the help of Osmeña to bail the detainees out today when the court sets the amount of bail for obstruction of justice.

The inquest proceedings and the hearing of the injunction case will also be heard today at the Regional Trial Court in Toledo City.

In an email sent to The Freeman, Fr. Crispin Mostajo, Fardec chairperson and Estrella Catarata, the executive director of Fardec accused the police of illegal arrest. 

“The victims are still illegally detained… Some of those arrested sustained injuries in their heads and bodies,” they wrote.

 The San Roque Farmers Association (SRFA) in Bonbon, Aloguinsan, Cebu has 86 farming households tilling the 168 hectares of land tilled by their peasant parents since 1900.

In the late 1990’s, Catarata said, they were informed by DAR that the land is public land therefore under the DENR’s jurisdiction. The SRFA farmers later got hold of a DENR-certified cadastral claim certificates.

 Catarata accused the police of starting the trouble.

They will file criminal and administrative charges against the police including arbitrary detention, physical injuries and unlawful arrest.

Regional Trial Court (RT) Branch 59 Judge Hermes Montero issued an order on August 10 that allowed the family to fence the farm. – (FREEMAN)