Questions re the Aloguinsan land dispute

This article was written before any recent news updates regarding the inquest of the detained farmers, three UP students and two minors who were arrested last August 29 in connection with a land dispute in Aloguinsan. The inquest will determine who violated what rights in what turned out to be a violent confrontation last August 29. How the inquest will proceed will be a subject for close observation and vigilance by all parties concerned.

 Based on several newspaper reports, the Aloguinsan land dispute brought out several issues of serious importance for all, especially those relating to agrarian reform and issues.

 First pertains to land ownership, an unresolved sensitive issue not only in Aloguinsan but in various parts of our country, not only now but for centuries now.

 Who are the real owners of the disputed Aloguinsan land?

 The core of the land dispute and the violent confrontation lies in the determination of the rightful landowners. The Department of Agrarian Reform should easily be able to confirm this sensitive issue of land ownership, which had been raised since the 1970s. However, since the reports state that the contested property is public land, the DENR, together with DAR, has to clarify whether the contested property 1) is public land (alienable and disposable or not) and 2) who among the claimants are rightfully and legally the owners of the disputed land.

 Until then, the contending claims will continue.

 Farmers claim they are tilling the lands previously tilled by their parents since 1910 and that they have organized the San Roque Farmers Association (SRFA) in 1993 to defend their stay on the property. One source, in defense of the farmers, said that in the late 1990s, the DAR informed the farmers that the contested land is public land, under DENR jurisdiction. The same source said that the SRFA later “got hold of DENR-certified cadastral claim certificates.”  Another report mentioned that the farmer-occupants were made beneficiaries of Operation Land Transfer of the national government. On the other hand, the Gantuangco family, according to reports, acquired the property in the 1920s from another owner and have tax declarations to prove their ownership.

 These claims can easily be confirmed and resolved by DAR and DENR.

 Secondly, the news report mentioned that the police responded to a TRO issued by the court related to the disputed property. How did the Court that issued the TRO vs. the farmers determine the ownership of the property?

 This is an issue that intrigues the ordinary Filipino. If to date, even the DAR or DENR has not confirmed the ownership of the land, shouldn’t the court have first compelled both government agencies to confirm the rightful landowners before issuing the TRO for the disputed property? Or did the Court have the confirmation as the basis for the TRO?

 The issue of land ownership, as well as the engagement of the court and police power vs. the farmers, if not adequately explained and resolved, may give the impression that the full force of government sided with the more privileged class vs. the poor farmers.

 The political impact of this Aloguinsan dispute may escalate all the way up to President Noynoy, who is himself, together with the Cojuangco clan, embroiled in the unresolved, continuing Hacienda Luisita dispute.

 While the August 29 clash was an incident that no one wanted to happen, continuing land disputes such as this recent one in Cebu should alert the PNoy administration that agrarian reform is a very crucial issue that needs immediate and final closure and resolution.

 This Aloguinsan land dispute definitely cannot be shrugged off as a local problem since the issue of agrarian conflict and reform has continued to be a very significant historical national issue awaiting decisive equitable and just resolution.

 May all those who are concerned with social justice, genuine agrarian reform, and human rights, both locally and nationally, respond quickly for the resolution of this agrarian issue. May the detainees also be given their freedom while the crucial question of ownership is eventually resolved. May the lessons learned from this agrarian confrontation also not be lost as well among all Filipinos.

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