La Vía Campesina
International Operative Secretary
Apartado Postal 3628
Tegucigalpa, Honduras
Tel/Fax +504 232 2198
email:
viacampesina_cgra@multivisionhn.net
FIAN
International Secretariat
P.O. Box 10 22 43
Tel + 49 6221 65300 30
Fax +49 6221 830545
email: fian@fian.org
Global Campaign for Agrarian Reform
EMERGENCY NETWORK
ARR
ARC 0408 (0427APHL)
09.11.2004
Philippines: Over-valuation of land awarded under agrarian reform program,
Sitio Manggulod, Sta. Catalina, Negros Oriental, Philippines
The right to food of 243 farmers beneficiaries in Sitio Manggulod, Sta. Catalina in Negros Oriental is at stake: a piece of land (Belon
Locsion property) awarded to them through the Comprehensive Agrarian Reform Program (CARP) was initially offered by the
landowner to the government for 12 million Philippine pesos (PHP), but was eventually bought by the government at 36 million PHP.
Allegedly, some personnel of the Department of Agrarian Reform (DAR) and Land Bank of the Philippines (LBP) were involved in
this. As the new owners of the land, the farmers beneficiaries are bound to pay the said amount to the government; or otherwise they
will lose the land they till – their only means of subsistence.
An international intervention is needed to support the plight of the 243 farmers beneficiaries. Please write a polite letter to
President Gloria-Macapagal, requesting her to investigate the matter and put an end to this fraud and anomalous land
issue.
Background
Land holdings covered by the Comprehensive Agrarian Reform Program (CARP) in the Philippines are acquired through different
modes of acquisition such as Compulsory Acquisition (CA) and Voluntary Offer to Sell (VOS). CA is the mandatory acquisition of all
agricultural lands for distribution to qualified agrarian reform beneficiaries. VOS is a scheme wherein landowners come forward and
voluntarily offer their agricultural lands for coverage. In any of these modes, landowners receive just compensation from the
government, depending on the result of the land valuation.
In July 1995, the Locsin property (480.336 hectares of land), formerly owned by Belen Locsin and heirs Sapinoso et. al, was
voluntary offered for sale under the Comprehensive Agrarian Reform Program (CARP) through Francisco Alcuaz (attorney of the
landowner) for 12 million Philippine Pesos (PHP). This estate was divided among 243 farmers beneficiaries who by then organized
themselves into MANACAFA (Manggulod-Nagbagang-Cabibi-an Farmers Association), which later evolved into MAFARMPUCO
(Manggulod Farmers Multi-Purpose Cooperative).
However, on January 29, 1997, the Department of Agrairan Reform (DAR) offered to buy the lot for 23 million PHP, this time under
the CARP’s Compulsory Acquisition scheme. Apparently, the reason for this sudden increase was the alleged existence of 220
hectares of sugarcane and 40 hectares of coconuts as stated in the Field Investigation Report prepared by the DAR, Land Bank of
the Philippines (LBP) and Barangay Agrarian Reform Committee representatives. However, according to farmers beneficiaries, these
did not exist at the time of the investigation and therefore the said increase in valuation was unjustified. The change in valuation
prompted the farmers beneficiaries to lodge protest with the DAR in Dumaguete City.
Meanwhile the landowner had sought for the increase in valuation to 36 million PHP due to by-products produced on 220 hectares of
sugarcane and 40 hectares of coconuts. The matter was brought to the Special Agrarian Court in October 2002 in Dumaguete,
which – presided by the then Judge Ramon Bato – ruled that the just compensation was 36 million PHP.
Since 1998, the farmers beneficiaries have been clamoring and vigorously making appeals to seek help and assistance. In
December 2003, the farmers beneficiaries approached the Commission on Human Rights (CHR) in Dumaguete City for assistance.
In response, CHR conducted an investigation and the result came out this June 2004. Findings of the investigation revealed that the
over-valuation of the land was due to the fictitious field investigation report prepared by some DAR and LBP officials and personnel.
In July 2004, CHR filed charges against some DAR personnel before the Office of the Ombudsman. The farmers are currently
conducting a series of dialogues and mobilizations to intensify their campaign and press the government to act on their case.
Mandate of the Emergency Network:
The Philippines is a state party to the International Covenant on Economic, Social and Cultural Rights and therefore has the
obligation to fulfill the right to food of all of its citizens. The CARP is a program to meet this obligation for the landless peasants in the
Philippines. For CARP to succeed, the repayment burden of the beneficiaries must not be disproportional to the productive potential
(and hence value) of the land – otherwise the purpose of CARP is defeated and the obligation to fulfill is therefore breached. The
valuation of the Locsin property (besides being most probably fraudulent) constitutes such a breach and hence a violation of the
human right to food and of the International Covenant on Economic, Social and Cultural Rights. International attention is necessary
to rectify the situation. The case of the 243 Manggulod farmer-beneficiaries is a violation of the right to feed oneself because the
farmers beneficiaries as well as their families are unable to feed themselves due to the overvaluation of the land.
End of the action:
21.12.2004
Addresses:
Her Excellency Gloria Macapagal-Arroyo
President of the Republic of the Philippines
New Executive Building
Malacanang Palace
San Miguel, Manila
Philippines
Fax: +63 2 8323793
Copias a:
Secretary Rene Villa
Department of Agrarian Reform
Central Office
Elliptical Road, Diliman, Quezon City
Philippines
Fax: +63 2 9293088
Philippine Network of Rural Development
Institutes, Inc. (PHILNET-RDI)
Regional Center – Visayas
149-A Sikatuna St., Brgy. Zapatera, Cebu
City
Philippines
Tel/Fax: +63 35 2531582
E-mail: philnetv@pacific.net.ph
(a support organization of the victims)
Please keep FIAN informed about any reply to your letter
Her Excellency Gloria Macapagal-Arroyo
President of the Republic of the Philippines
New Executive Building
Malacanang Palace
San Miguel, Manila
Philippines
Fax: +63 2 8323793
Her Excellency,
Recently, I came to know about the alarming situation of 243 Manggulod farmer-beneficiaries who claimed
that the land awarded to them through the Comprehensive Agrarian Reform Program (CARP) was overvalued by over 20 million Philippines Pesos (PHP). They are all Certificate of Land Ownership Awardees of
the Belen Locsin property (480.336 hectares of land) located in Sitio Manggulod, Sta. Catalina in Negros
Oriental. The land was awarded to them in 1995. In the said year, the property was voluntarily offered for
sale under the CARP by the landowner through the representation of the owner’s attorney. On January 29,
1997, the Department of Agrarian Reform (DAR) then offered to buy the land for 23 million PHP, this time
under the Compulsory Acquisition Scheme. Sometime in January 1998, the farmers beneficiaries have come
to know that the value of the land was increased due to the alleged existence of 220 hectares of sugarcane
and 40 hectares of coconut plantation stipulated in the Field Investigation Report (FIR) prepared by the
DAR, Land Bank of the Philippines (LBP) and Barangay Agrarian Reform Committee representatives.
However, according to the farmers, the said increase was unjustified because such land did not exist at the
time of the investigation. The change in valuation prompted the farmers beneficiaries to lodge protest with
the DAR in Dumaguete City. Dispute over the price of the land became the subject of several court
deliberations. In October 2002, the Special Agrarian Court in Dumaguete City, presided by then Judge
Ramon Bato, ruled that the just compensation of the land was 36 million PHP.
Since 1998, the farmers beneficiaries have been clamoring and vigorously making appeals on their case. In
December last year, they sought the help of the Commission on Human Rights (CHR). In response, the CHR
conducted an investigation. Findings of the investigation revealed that the over-valuation of the land was due
to the fictitious FIR prepared by some DAR and LBP officials and personnel. Until today, your government
has not taken action to remedy this situation of fraud and breach of the CARP.
As a state party to the International Covenant on Economic, Social and Cultural Rights, the Philippines is
duty-bound to fulfill the right to food of its citizens. The right to food of these farmers is threatened because
as the new owners of the land, they are bound to pay the said amount to the government; or otherwise they
will lose the land – their only means of subsistence. I would like to ask you, Her Excellency, to:
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fulfill the right to food of the 243 Manggulod farmers by ordering an immediate review of CARP
transactions in Belen Locsin landholding so as to prevent the farmers from the burden of paying the
excessive amortization of the land;
initiate a full and immediate investigation vis-à-vis the scandal in Belen Locsin property and punish
those involved in the anomaly such as representatives of DAR Region VII, LBP, BARC and Special
Agrarian Court in Negros Oriental;
order the review of disputed CARP transactions in Negros Oriental.
Thank you and please keep me informed of the measures you will take in this regard.
Sincerely yours,