Government officials have finally stepped in to avert further bloodshed in the Tagum City land dispute between agrarian reform beneficiaries and Lapanday Foods Corp, after two more farmers were wounded in an attack the corporation’s guards today.
The latest outbreak of violence brings to nine the number of farmers injured since beneficiaries asserted on December 9 their claim to land already awarded by the DAR and the regional trial court.
Wounded were Randy Rana and another farmer, surnamed Patindol, who were among seven members standing guard over field workers harvesting crop and then slashing down banana trees.
Aides of Department of Agrarian Reform (DAR) Secretary Rafael Mariano, who is issuing a cease and desist order today against Lapanday, and the Department of Interior and Local Government (DILG) have been coordinating since rthe initial outbreak of violence last Dec. 12.
Soon after word of the second attack broke, the DILG issued orders to local officials, prompting aid for beleaguered farmers.
In a telephone interview, Tagum Mayor Allan L Rellon, who reached the site around 10 am, said he had ordered the local police to disarm the guards.
Rellon also said he would put up a “command incident center” to prevent further violence.
Renante Mantos, chairperson of Hugpong Sa Mga Mag-uuma sa Walhog Compostela (Humawac), the alliance of farmer cooperatives from the Tagum barangays of Madaum and San Isidro said, also in a phone interview, that local cops had initially refused to step in because the incident happened on private land.
He said both incidents were premeditated and without provocation from farmers.
Rellon said his office had attempted a dialogue in the city hall with the chief of police and provincial agrarian reform officials. He said it did not push through because farmers’ representatives would not leave their camp site on the disputed land.
Mantos said leaders wanted farmers to listen to the dialogue and they could not abandon the land because the armed guards would move in.
Slashed trees: Marbai representatives have harvested and slashed down around five hectares of banana crop, saying they would plant the cleared land with vegetable crops to augment the food needs of 159 families.
Farmers were cutting down banana trees when guards of Lapanday’s security agency, ACDISA, attacked this morning, according to Mantos.
Mantos said farmers had slashed at least five hectares of banana plantations yesterday.
“The guards would not let us farm and harvest in peace so we decided on an action that would also deprive them of what Lapanday wants to steal from us,” Mantos said in the local dialect.
He also said the cleared land would be rehabilitated and planted with vegetables and other crops that could augment the food needs of some 159 beneficiary families.
The Department of Agrarian Reform (DAR) had sent a legal team and held an emergency meeting after the first shooting incident last December 12.
It immediately ordered regional and provincial executives to probe the incident and file cases against some 20 perpetrators, led by the head guard only identified by his surname, Vicente.
Lawyer Jobert Pahilha, legal consultant for DAR Secretary Rafael Mariano, said officials would also file today with DARAB (adjudication board) Davao del Norte a motion for Execution of the May 12, 2016 order of installation and to Supervise Harvest.
Provincial Agrarian Reform Adjudicator (PARAD) Jose Nilo Tillano issued a ruling in December 2015 for the Marbai members to be installed on the disputed 145 hectares.
“The said decision has long been final and executory but was not implemented by PARAD Tillano for one reason or another,” Pahilga said.
In October this year, impatient farmer-beneficiaries camped out in front of the Lapanday gate. Mariano had dialogued with the farmers, saying the government wanted to install them peacefully without compromising their safety and security.
Agrarian Reform Secretary Rafael “Ka Paeng” Mariano has ordered the Regional Office of the Department of Agrarian Reform (DAR), Region XI, and the Provincial Agrarian Reform Office of Davao Del Norte to probe the reported gunfire attack by security guards of the Lapanday Foods Corporation (LFC) at the farmers’ encampment in Brgy. Madaum, Tagum City.
A press release from the DAR said Mariano also instructed local DAR officials to coordinate with the Philippine National Police of Davao del Norte for the possible filing of cases against the suspects of the shooting incident.
What follows is the rest of the press release
“Six victims, including a 16-year-old minor, were taken to the Davao Regional Medical Center after sustaining gunshot wounds at around 7:45 a.m. An airborne craft was also seen spraying pesticide at the campsite immediately after the reported incident.
Farmers of the Madaum Agrarian Reform Beneficiaries Association Inc. (MARBAI) have been staging a camp-in protest at the LFC compound after successfully reclaiming the contested land last December 9, six years after the LFC evicted them out.
Almost 2,000 farmworkers and members of peasant organizations have joined the farmers’ camp in Brgy. Madaum to support the fight of the MARBAI farmers.
MARBAI members are farmer beneficiaries who were given Certificates of Land Ownership Award (CLOAs) in 1996 under the Comprehensive Agrarian Reform Program (CARP). Each of the 159 farmers owns a 0.79-hectare piece of the 145-hectare banana plantation.
According to Mely Yu, President of MARBAI, they were forced to enter a Banana Sales and Marketing Agreement with the LFC who buys their products for export. They were tricked into selling high-grade bananas which were poorly classified for a lower price, thus, resulting to a measly Php 2,000.00 monthly income, she added. Because of the agreement, the farmer beneficiaries became indebted to LFC for more or less a billion pesos (P1,000,000,000.00)
The DAR has been meeting with the farmers for their installation to the 145 hectares as ordered by Provincial Agrarian Reform Adjudicator (PARAD) Jose Nilo Tillano in his December 15, 2015 decision, which has long been final and executory.
In October of this year, when the farmer-beneficiaries were already in a camp-out in front of the gate of LFC, Secretary Mariano himself visited the farmers and had a dialogue with them assuring them that DAR is studying the matter carefully and wanted to install them peacefully into their landholding without compromising their safety and security.
A long-running conflict between Lapanday Foods Corporation and agrarian reform beneficiaries in Tagum City, the capital of Davao del Norte, exploded today in a shooting incident that followed a successful attempt by farmers to reclaim their land.
Renante Mantos, chairperson of Hugpong Sa Mga Mag-uuma sa Walhog Compostela (Humawac), the alliance of farmer cooperatives from the Tagum barangays of Madaum and San Isidro, said in a phone interview that guards of Lapanday’s security agency, ACDISA, wounded seven protesters.
Jose Balucos, 42yrs old; Rico Saladaga , Jojo Gomez , Belardo Francisco, Emanuel Buladaco,46 yrs old; Taldan Miparanun,16yrs old; and Joseph Bertulfo, 58yrs old, were rushed to the Davao Regional Medical Center.
Buladaco and Bertulfo are among the 159 direct beneficiaries involved in the protest, according to Mantos, who remains with more than 200 farmers on the reclaimed land.
The others are members of Humawac cooperatives in the Southern Mindanao area, who reinforced the beneficiaries in their efforts to assert their landonwership that a regional trial court and the Department of Agrarian Reform (DAR) in 2011. He said they are waiting for medical updates on their colleagues.
The shooting came two days after some 2,000 agrarian reform beneficiaries and supporters stormed the gates of their land – forcibly taken over by Lapanday in 2011 following the DAR decision.
Mantos said armed guards of Lapanday entered the encampment past 7 a.m.
He and other protest leaders were holding a dialogue with the guards’ leader, only known by his surname, Vicente, just three meters from the main bulk of protesters when they heard gunshots.
As protesters rushed to aid the fallen, the guards retreated. The other protesters strengthened their barricades and undertook defensive formations.
After the wounded were taken off the encampment, Mantos siad, the guards returned, having replaced their guns with wooden clubs. They challenged the farmers to a brawl but were ignored, Mantos added.
The land dispute in an area barely an hour from President Rodrigo Duterte’s Davao City turf has been festering since 1996 when the Department of Agrarian Reform (DAR) awarded 724 farmers in Madaum nearly 570 hectates of land, mostly planted with banana export crop.
Lapanday just released this statement:
Lapanday Foods Corporation (LFC) denies any involvement in the reported shooting of alleged agrarian reform beneficiaries in Barangay Madaum, Tagum City this morning. Since last week, the company has been seeking police assistance to investigate the presence of armed men who were seen within the areas under Hijo Employees Agrarian Reform Beneficiaries Cooperative 1 (HEARBCO-1). HEARBCO-1 which has acknowledged its existing and valid contracts with LFC has been in conflict with a breakaway group of its former members led by Mely Yu who has been engaging armed men to inflict violence and disrupt operations in the farm. Mely Yu and her group were ousted as officers by the majority of HEARBCO-1 in 2011 and since then, her group has caused severe damage to the cooperative. This internal conflict among the HEARBCO-1 and this breakaway group may be the reason for this latest incident.
Protesters deny the claim of armed men, saying guards fired in the air when they asserted farmers’ right to the land. A Kilab Multimedia photo shows most of the protesters without shirts “to prove they were not armed.”
The timeline of the land dispute also indicates that Lapanday has waged a legal battle with the farmers — and lost its case twice.
A decade of woes
The DAR order was covered by Certificate of Land Ownership Award (CLOA) No.00398239, issued under Transfer Certificate of Title No. C-10527 and registered on 18 December 1996.
The mother cooperative of beneficiaries, the HIJO EMPLOYEES AGRARIAN REFORM COOPERATIVE 1 (HEARCO1), signed a Banana Sales and Marketing Agreement (BSMA) with Lapanday, owned by the Lorenzo family.
Mantos said within two years, many farmer beneficiaries expressed dismay at the low price for their products and the many supposed debts subtracted from their sales income, “kasi di nila alam saan nanggagaling ang utang at walang supporting documents.”
In the ten years, from 1998 to 2008, skirmishes between restive beneficiaries and guards cost two lives and injured several from both sides of the conflict. Farmer leaders were also booted out of work and reinstated only after years of legal battle.
When the contract with Lapanday expired in 2009, the beneficiaries undertook a referendum for future plans. Majority voted to extend the contract, while 159 voted No.
The nay-voters eventually reached an agreement with the mother cooperative, which allowed them to leave, ceding over 145 hectares covered by a document.
“They found a new buyer with better contract — $8 a box from $4 a box paid by Lapanday,” Mantos said.
The DAR ruled in favor of the benificiaries in 2010, upholding their right to the land parcel ceded by the mother cooperative.
Lapanday: no owner – but exerts control
Mantos said the 145 hectares is only one case. Other land parcels are also involved in on-going disputes between beneficiaries and Lapanday, for unjust wages and onerous practices – reminiscent, he said, of the old, feudal plantation setups in the pre-CARP era.
Lapanday denies ownership of the land. But it filed a a case against the new group, covering the lands they tilled. The corporation lost that legal battle too, with the regional trial court ruling in favor of the formers.
Mantos said the agrarian reform beneficiaries were preparing to till the land after victory when “300 Lapanday guards and goons atacked.”
“Tinutukan sila ng baril at pinalayas,” he said. (Guns were pointed at them and they were forced off the land.)
Despite the legal victories, the beneficiaries were kept out of their lands for the next six years.
After seven months of pickets at the gate of Lapanday’s local office, the farmers sought reinforcement from other peasant’s group in the region and entered to reclaim their land on December 9.
“Lapanday Foods Corporation clarifies that it does not claim ownership over agrarian reform lands awarded to Hijo Agrarian Reform Beneficiaries Cooperative (HARBCO) and Hijo Employees Agrarian Reform Beneficiaries Cooperative 1 (HEARBCO-1). This is in reaction to a recent gathering of members and sympathizers of these cooperatives at its offices in Davao City,” the statement read. The LFC said these cooperatives remain the absolute owners of these lands and they only want “these cooperatives honor and respect their valid and lawful contracts with LFC that mandate them to sell the bananas produced in their farms to LFC and allow LFC to manage their farms to ensure the quality of their produce.” The company also said in the contracts where HARBCO borrowed funds for its use from LFC, HARBCO and LFC entered into a banana sales and marketing agreement in 1998 and a general framework on farm handling last December 23, 2008. In these contracts, HARBCO committed to exclusively sell bananas produced in its farm to LFC and allow LFC to manage its farms to ensure the export quality of the bananas.
The Kilusang Mambubukid ng Pilipinas – Southern Mindanao said the tagum dispute “is a classic example of what Pres.Duterte refers to as Feudalism.”
The KMP urged Duterte “to walk the talk” and intervene with the farmers upholding the DAR decision.
“We hope that he understands very well that agrarian reform remains myth so long as landlords continously grabbed the lands of nameless farmers. If the farmers will not fight for their rights to survive what assurance can they get from this landlord-dominated government?” said KMP-SMR chairperson, Pedro Arnado.
Lords of the land
The Tagum dispute is an emblem of the struggles that face Filipino farmers decades after the passage of what was pledged to be a landmark law for a comprehensive agrarian reform program (CARP) and congress approval of a successor program, Comprehensive Agrarian Reform Program Extension with Reform (CARPER).
Lapanday is controlled by the Lorenzo clan. Its chief executive officer, Regina Lorenzo, is the sister of Martin Lorenzo, a top executive of the Central Azucarera de Tarlac, the sugar mill of the Cojuangco clan’s sprawling Hacienda Luisita.
A recent outbreak of violence also occurred in Luisita, where beleaguered land workers still have to benefit fully from a final Supreme Court ruling in 2013.
Distribution of land has gone very slowly for beneficiaries. In 2009, the Congressional Policy and Budget Research Department of the House of Representatives, said CARP had a balance of 1.6 million hectares, covering 1.2 million farmer beneficiaries. The environment department, it added, also had nearly 600,000 hectares of land still undistributed to farmer-tillers.
CARPER received a P150 billion budget. But in a 2015 report, the Philippine Center for Investigative Journalism said DAR had still failed to distribute 726, 421 hectares and the DENR still had some 100,000 hectares to go.
Even those who have received land continue to struggle from their lack of access to affordable credit, the continued lack of support mechanisms from government and the market control exercised by agriculture dealers who are also often big landlords.
The hardships often end up with re-concentration of lands, which are then blamed on workers and not on government neglect and collusion with big landowners.
Mariano said the proposed EO should also cover applications for exemption/exclusion of land from the coverage of CARP and other agrarian reform laws and programs.
The practice is currently allowed by Section 20 of the Local Government Code, which authorizes municipal and city councils to reclassify agricultural lands into other uses.
It’s a long, long fight, paid for by tears and blood. Farmers formed the bulk of restive Filipinos who rose up against the dictator Ferdinand Marcos and joined the New People’s Army as big ticket development projects drove them off their lands.