The Sumilao farmers who marched from Bukidnon may not have gone past the gates of Malacañang but they came closer to reclaiming the land they call their own after President Arroyo signed yesterday an executive order placing the disputed property under the Comprehensive Agrarian Reform Program (CARP).
Through the new executive order, President Arroyo revoked a 1995 Malacañang order that converted the disputed 144-hectare property in Sumilao, Bukidnon into agro-industrial use.
This in effect would allow the farmers to reclaim the land, which the government placed under land reform in 1994.
The order, signed by Executive Secretary Eduardo Ermita on behalf of Mrs. Arroyo, came a day after she met with the farmers, who marched some 1,700 kilometers for over two months from Bukidnon to dramatize their efforts to reclaim the land sold by the Quisumbing family to San Miguel Foods Inc. (SMFI).
After Ermita signed the six-page order at past noon, Press Secretary Ignacio Bunye and Cabinet Secretary Ricardo Saludo – upon instructions from Mrs. Arroyo – immediately gave a copy of the EO to the farmers, who were camping out at the College of the Holy Spirit chapel on Mendiola, just a stone’s throw away from the Palace.
Bunye said the farmers were asking for the cancellation of the order issued by former executive secretary Ruben Torres in 1995 converting the disputed land into agro-industrial use.
Mrs. Arroyo’s EO “resolves the long-standing petition of the farmers,” Bunye said. Chief Presidential Legal Counsel Sergio Apostol said the order effectively placed the land under CARP.
“From now on, rest assured that wherever this case will go, in whatever court, we are with you,” Bunye told the farmers and their lawyers during their meeting that lasted nearly two hours.
He said the lawyers – Marlon Manuel and Arlene Bag-ao – translated and interpreted the order to more than 50 farmers, adding there were a lot of questions raised by the group.
“Based on the President’s consultation with the farmers, and also based on the investigation of the Department of Agrarian Reform (DAR), the recommendation of the DAR states that there was a violation of the conditions of the conversion order,” Bunye later told reporters.
“From our end, what is important is that a case that has been pending – the nature of the case is for the revocation or cancellation of the conversion order –has been resolved and that case was resolved in favor of the petitioner farmers,” he said.
In her executive order, Mrs. Arroyo said none of the conditions of the original conversion order had been complied with.
The original conversion order, which was upheld by the Supreme Court, expressly stated the development would include putting up a Development Academy of Mindanao, covering 24 hectares; Bukidnon Agro-Industrial Park, 67 hectares; forest development, 33 hectares; and support facilities, 20 hectares.
Mrs. Arroyo’s order also said that SMFI converted portions of the land into a hog farm, which is “not one of the purposes for which the conversion order has been issued.”
Bunye said SMFI may contest the order within 15 days before the Palace or the courts.
“When the DAR submitted its final recommendation, they have an annex one foot high, documenting the non-compliance with the letter and spirit of the conversion order,” Bunye said when asked whether the order could withstand legal scrutiny.
He said Ermita was scheduled to discuss the order with SMFI yesterday.
Bunye said SMFI would be compensated for the loss of the land, but he didn’t discuss details.
Lawyer Manuel claimed “no rejoicing” among the farmers when the order came out as they might have felt that some issues remained unaddressed. He said there was no mention in the order about land reform or a directive to the DAR to stop the construction of a hog farm on the property.
“This is just the start of a long, long journey for the farmers,” he told reporters.
Bishops rejoice
Roman Catholic bishops praised President Arroyo for her decision but advised the farmers to be on guard until her executive order is “implemented properly.”
“For us, it is a just decision – a good starting point. But the problem doesn’t end here since we still have to make sure this executive order would be implemented properly and the land would be returned to the farmers,” Manila Auxiliary Bishop Broderick Pabillo said.
“But we can see that we are on the right track,” he added.
Pabillo was one of the three bishops who moderated a meeting between the President and the farmers Monday night at the office of the Catholic Bishops’ Conference of the Philippines.
With Pabillo during the 40-minute meeting were Marbel Bishop Dinualdo Gutierrez and Bishop Francisco Claver.
Also at the meeting were Chief Presidential Legal Counsel Sergio Apostol and Bukidnon Gov. Jose Maria Zubiri.
“The discussion was cordial and open although everyone was in a hurry. The President read the draft of the executive order and explained it to farmers,” Pabillo said.
“Looking at the dialogue, I think she was sincere in trying to help the farmers,” he stressed.
The prelate said the bishops supported the farmers because their cause is valid and justified. “Their way of calling attention was really impressive – not violent and sacrificial,” he said.
Pabillo said Claver talked about the moral dimension of the issue and how the Higaonons and other indigenous people took care of the land for generations until “outsiders” arrived and developed the farms. Most of the Sumilao farmers are Higaonons.
Pabillo, quoting Claver, said the Higaonons believe in common ownership of lands, compared to “outsiders” who are accustomed to individual ownership.
Asked exactly what role CBCP played in the drama, Pabillo said “we just made arrangements for both parties to meet.”
The prelate said the farmers wanted to immediately reclaim the lands but he explained “it would not be that easy because of the processes involved.”
He said he himself wanted the issue to reach a favorable conclusion the soonest time possible but wouldn’t speculate if trouble still lies ahead. “I would rather wait for the release of the decision as I may preempt the authorities,” he said.
He stressed the Church would always be on the side of the poor and oppressed as it has always maintained in its social teachings. – with Edu Punay