REPORT OF THE INTERNATIONAL SOLIDARITY MISSION: SAVE HACIENDA LOOC AND PEASANTS LIVELIHOOD February 11 to 15, 2012 * Nasugbu, Batangas

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1 REPORT OF THE INTERNATIONAL SOLIDARITY MISSION: SAVE HACIENDA LOOC AND PEASANTS LIVELIHOOD February 11 to 15, 2012 * Nasugbu, Batangas Executive Summary I. HISTORICAL BACKGROUND The people of Hacienda Looc has a long history of struggle for land, primarily the farmers who keeps the land productive that provided them livelihood for the past decades. They even considered the place as their paradise. Hacienda Looc is 8,650 hectare land that is located in Nasugbu in the province of Batangas, Philippines. It is comprised of four (4) villages namely Calayo (929 ha), Papaya (1,205 ha), Looc (4,251 ha) and Bulihan (1,393 ha). The remaining 602 hectares is located in Patungan, another village in the nearby town of Maragondon in the province of Cavite. The place is endowed with rich natural resources more than enough to provide its populace of more or less 10,000 farmers and fisherfolks. Hacienda Looc used to be part of the Dolor family-owned Magdalena Estate which passes in 1973 into the ownership of Development Bank of the Philippines (DBP) as payment for the indebtedness of the Dolor family. In the early part of the martial law regime, some 1, hectares of Hacienda Looc were placed under Presidential Decree No. 27 and were distributed to some 831 farmer-beneficiaries wherein Emancipation Patents (EP) were awarded to them. In 1987, the DBP turned-over the whole Hacienda Looc to the Assets Privatization Trust (APT). In June 28, 1990, following former President Corazon C. Aquino's issuance of Executive Order No. 227 which places the non-performing assets of government under agrarian reform, the APT signed a Memorandum of Agreement with the Department of Agrarian Reform (DAR), effecting the turn-over to the latter of the whole Hacienda Looc for coverage under the Comprehensive Agrarian Reform Program (CARP). Later on, Certificates of Land Ownership Award (CLOA) were also given to the farmers. 1

2 II. AGRARIAN CONFLICT The more than a decade agrarian conflict in Hacienda Looc, though might be complicated, is a systematic process of conspiracy between the government and its agencies and the present real estate development corporation. Thru the different government policies and programs, they made land grabbing to appear as a legitimate and legal land acquisition. The following land reform laws and government programs and policies can be cited as the main causes of agrarian dispute in Hacienda Looc: 1. PD 27 and RA 6657 On 1987, Republic Act (R.A.) No. 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL), was enacted. Under the law, a Comprehensive Agrarian Reform Program (CARP) was to be undertaken by the government which shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in the Constitution, including whenever applicable in accordance with law, other lands of the public domain suitable to agriculture. In spite of CARP coverage of Hacienda Looc, a feasibility study on the suitability of land to agriculture was conducted by Joaquin Cunanan and Company. They concluded that Hacienda Looc will be of better use if converted into an agro-tourism complex. As a result, APT called for a public bidding of the land in December 1983 including the 3,432 hectares that were not yet distributed. During this time, real estate developers and land speculators together with land brokers sprouted and tried to convince the farmers to sell their farm lands, including those with CLOA and EP. Although the sale and/or transfer of those lands covered by agrarian reform is strictly prohibited by the law, legal maneuvers were done by land brokers and real estate developer to legitimately take back the rights of the farmers to till their land. APT later on declared that Bellevue Properties Inc (BPI) won the bidding. BPI then created the Manila South Coast Development Corporation (MSDC). It is believed that BPI and MSDC are both owned by Henry Sy of SM Lands Inc. He is the Philippines' richest man" and also President Aquino s crony. In 1994, BPI transferred its right to buy Hacienda Looc to MSDC. Subsequently, a Deed of Sale was signed between APT and MSDC that placed the whole 8,650 hectares of Hacienda Looc under the management of the latter. To complete the legal maneuver, MSDC filed a petition before the DAR Adjudication Board (DARAB) requesting for the cancellation of 25 CLOAs that covered 3,284 hectares of land. They also filed a petition for conversion order. Capitalizing on the Tourism Zone declaration during the time of President Ferdinand Marcos, DARAB made a partial judgment canceling 10 CLOAs covering 1,219 hectares that will affect 413 beneficiaries. Eventually, DAR Region IV approved the awarding of another 50 hectares of land to Fil-Estate and MSDC as a reply to the exemption and conversion order of the total 1,269 hectares of land. 2

3 2. Presidential Proclamation No 1520 (PP 1520) The PP 1520 was issued by former President Gloria Macapagal-Arroyo that proclaimed The entire municipality of Nasugbu has been declared as Tourist Zone. The proclamation also covers the municipality of Ternate and Maragondon in the province of Cavite. 3. Executive Order No 647 (EO 647) In August 3, 2007, former President Gloria Macapagal-Arroyo issued Executive Order No 647 stating that the municipality of Nasugbu is part of the Tourism Development Plan and Tourism Priority Area. 4. Project Calabarzon, Eco-tourism The Project Calabarzon (Cavite-Laguna-Batangas-Rizal-Quezon) is an ambitious program of the former President Corazon Aquino under the Medium Term Philippine Development Plan. It aims to attract more foreign investment in the country particularly in the five mainland provinces of Southern Tagalog. One of the main projects of the program is the Nasugbu-Ternate Eco-Tourist Road to pave the way to another bigger project called Harbor Town in Nasugbu and will be located in Hacienda Looc. III. IMPACT OF LAND USE CONVERSION Livelihood and Food Security The ISM team gathered evidences that before the MSDC came to the Hacienda Looc, its plains, valleys and mountainous areas are principally devoted to agriculture. It plains covering more than 1,700 hectares is planted to rice, corn, vegetables and sugarcane. The sizeable portion of the mountainous areas are planted with productive fruit trees such as mangoes, bananas, jackfruits and star apples, wild rice and root crops such as cassava and sweet potato. The rice land can produce cavan of palay (unhusked rice) per cropping and mostly the farmers can produce rice in two to three cropping season. Testimonies in Barangay Bulihan stated that the people used to have enough food for their family. When they plant, they will have something to harvest but its difficult these days. One woman said that they used to make charcoal through kaingin but now her husband has gone to Manila to work because they are not allowed to do kaingin anymore which their source of living. In the case of the agricultural workers also in Barangay Bulihan, oppurtunity for work becomes slim as the farm lands becomes smaller and they lost their means for good income. The Hacienda Looc is bounded by extensive shorelines that link the four villages to the rich fishing grounds in China Sea. The people from the shores in sitio Cutad, Hamilo and Looc form three large coves that are rich in aquamarine resources. Its swamps and mangroves are ideal for bangus (milk fish) and prawn raising. Its two rivers and streams can be tapped for harnessing energy and communal irrigation systems The mountain slopes can be developed for sustainable agro-forest production that would benefit the people. 3

4 In Barangay Papaya, a fisherfolk respondent said that they can no longer fish freely as Hamilo Coast guards are not allowing them to fish where a boundary line was built by the said project. A 60 year-old woman in Balaytigue testified that these conversion will bring destruction on peasants livelihoods. Can you imagine what will happen with all those people who will lose their houses? They don t have a place to go. She doesn t think this new environment will create decent jobs for the people of Hacienda Looc. Probably some of them could go to work in restaurants or hotels for a few pesos a day but there are stories that they were employed only for a few months. The communities will fall apart and we will also lose our food and our livelihood. Environmental destruction The Geo hazard map of Nasugbu, done by the Department of Environment and Natural Resources and Mines and Geoscience Bureau, shows that the construction of Ternate-Nasugbu Tourist Road affected and will continue to affect the low lands. An account from the resident of Sitio Kumbento in Barangay Bulihan and in Barangay Calayo said that since Fil-Estate s earthmoving activities on the 216-hectare portion of the hacienda started in December 1995, they have experience soil erosion and siltation. This has caused damage to their crops planted in the lowlands. Fish catch has since then been also diminishing. Added to this was the cutting of old and hard trees that affected the stability of land and forest. Fil-Estate started developing Phase 1 in October 1995 without the Environmental Compliance Certificate (ECC) from the DENR. The Fil-Estate was forced to get an ECC only in April 1996 following complaints aired by the people. In October 1998, Fil-Estate was fined for five violations of its ECC for its failure to replant trees and build protective measures against heavy erosion. Large tracts of land, mostly farmland and forests, are being cleared to make way for the construction of golf courses, often resulting to soil erosion, downstream flooding and landslides. To keep lawn green and velvety, two tons of pesticides and insecticides are sprayed yearly which eventually get washed down into the water table, irrigation systems, rivers and sea. These pollute the waterways, and 90% of the chemicals sprayed on the course also affect the air, posing health problems to golfers themselves, caddies and local residents. The residents of Barangay Papaya living 500 hundred meters away from the entrance of Pico de Loro recounted incidents of floods since the construction of the Ternate-Nasugbu Tourist Road that reached their homes and farmlands. These statements have been documented through the ISM-FFM done last February 14, Cultural impact While asking the community to sell their land, the SM Land tries to woe the people though its SM Foundation which has built daycare centers for the barangays. The SM Land is providing so-called new opportunities such as resources for some small scale business like pigs and chicken raising, we call these bribery to soften the resistance of the people. SM Foundation is also giving one month vocational courses like hair styling, massage and manicure/pedicure to their so-called scholars. In Barangay Bulihan, one mother told us that her son was able to get a scholarship with SM Foundation and was able to take housekeeping 4

5 course in Taal Vista Hotel. He was eventually absorbed by the company, not as a hotel housekeeping staff but as a wall painter. They bribed the former barangay captain with the help of the agents of Riverside Multipurpose Cooperative, to succumb to their interests. A very glaring fact is that the people have made enemies with the security guards of the site who are also relatives of some of them and neighbors as well. This fact causes a lot of social problems and it disorient the community. Militarization/Human Rights Violations (HRVs) There are testimonies from the farmers and fisher folks that the formerly peaceful community of Hacienda Looc was disturbed by the constant intimidation of the security companies such as Warbirds and Centinal and heavily armed men employed by FEPI and MSDC with the support of the Philippine National Police and Philippine Air Force. Five farmers who were members of the UMALPAS-KA were killed. 1. Benjamin Boqui and Feliciano Jones Benjamin was married while Feliciano was not. They are both organizers. They were both killed while they were going home on the night of December 8, Maximo Casrpintero, Francisco Marasigan both were residents of Brgy. Calayo Both were married and members of UMALPAS- KA. They were shot to death by the security guards of Fil Estate and MSDC on February 13, The suspects were apprehended and arrested but were immediately released. 3. Perfecto Manalo -from So. Killed on the last part of 1997, wasn t married and Convento, Brgy. Looc was a child of a CLOA holder. 4. Roger Alla, Terry Sevilla Each one of them are beneficiaries of CLOA. The both of them were killed while they were going home from a protest movement held at the DAR office, DENR and Fil Estate in Manila. Alla wasn t married while Sevilla was married and had two children. The latest killing incident happened on March 4, 2000 and until now it has not been given justice. Since the deployment of the military and hired goons in the area, farmers have reported several instances of their houses stoned, their doors rapped at night by masked and heavily armed men, illegal searches, and indiscriminate firing by drunken guards, military personnel and hired goons of the MSDC and FEPI. Another account interviewed in Barangay Calayo stated that when the guards are celebrating their birthdays they will indiscriminately fire their guns while drinking. On March 2011, the house of Junjun Limua located at Brgy. Bulihan was burned by security guards from Selective Security Agency, headed by Nicanor Derain and Gavino Cortez. The aforesaid security agency was hired by MSDC. 5

6 At this point in time, in Barangay Bulihan, even those land that were not sold yet were assumed by the guards/developers to be theirs. If they refuse to bow down to MSDC s demands, guards were sent to harass the people. Despite the obvious violations, none were sued up to now. There were also instances when the guards monitored them while they were working in their own farm. Sometimes the guards even insulted the farmers staying in their place, so if the farmers hit them, they can file a case against the farmers. The farmers even tried to file a case against the guards to the police but nothing happened. A woman farmer in Sitio Limbones at Barangay Papaya stated that her house was destroyed then burned by the guards so there ll be no evidence. The case was ignored by the real-estate companies. Some of the guards responsible for burning her house are still there. She wasn t able to get back to her house because she wasn t allowed to go back there. A farmer from Natipuan, received a subpoena for a civil case filed by the Far East Bank because he did not allow the surveyor to enter his land. Far East Bank claims it holds the land title he is cultivating for years now. He was even sued for violating the building code when he constructed a comfort room in his land. He was surprised when another company, ECK Zabarte, came to claim his land using the same title Far East Bank holds. He was again sued for disrupting this new company from surveying his land. After that, he realized that the titles the companies showed him were defective and fictitious. Amidst all the cases filed against him, he stood for what he thinks is right. He stayed in his land because he knew he was the one who owns it. He, however, was forced to sign a document when a new company, the one that owns the Bank of Commerce, claims his land. Bank of commerce, together with the police from Lipa City arrived at his village to check the land, Little did he know that later that day, he would be signing a document authorizing Bank of Commerce to survey and asses his land. But he did it unwillingly. The Lipa City Police coerced him by pointing a gun to sign the authorization document. The day after, he was surprised that the army arrived in his land. In Balaytigue, a woman farmer narrrated to the ISM team that those who refused to sell their land were harassed by security guards by destroying their crops and nipa hut. The securityguards explained that they were just told to do so. The presence of the military and hired goons in Hacienda Looc and the human rights violations they are committing disrupts the farm production of the farmers and the people in Hacienda Looc have not live normal lives for a very long time. IV. THE CONTINUING STRUGGLE FOR LAND Born out of the need to defend their rights to land and life, the people of Hacienda Looc organized themselves to collectively face and confront the continuing land grabbing in their community. For more than a decade now, they trooped to almost every government agencies to assert their legitimate rights. They tirelessly conducted petition signings, dialogues, picket-rallies, forum and symposium to popularize to the public their plight. Two pro-bono law offices such as the Sentro para sa Tunay na Repormang Agraryo (SENTRA) and the Public Interest Law Center (PILC) are now assisting the people of Hacienda Looc. 6

7 In 1996, the people of Hacienda Looc formed UMALPAS-KA, a multi-sectoral organization that advances genuine agrarian reform and the protection of people s right to land and life. In September last year, during the UMALPAS-KA s 15 th founding anniversary, the people of Hacienda Looc together with their supporters reaffirmed their stand that they will keep on defending Hacienda Looc by keeping it productive. They also asserted that Hacienda Looc is not for sale. RECOMMENDATIONS: 1. The local government has the primary responsibility to closely study or conduct an Environmental Impact Assessment (EIA) on whatever applications of reclassification and conversion amidst the existence of Executive Order (EO 647) and Presidential Proclamation (PP) Conduct series of dialogues to address the issues and concerns affecting the farmers and fisherfolks. 3. Provide us documents like comprehensive land use plan of Nasugbu, reclassification ordinance of 1,219 hectare farmlands, among others. 4. Passage of an ordinance protecting the farmers, fisher folks and communities from threats, harassments and intimidations of security forces specifically on the land they till and occupy. More so, an ordinance protecting communities from any military and civil- military operations and making or using public structures and private dwellings as military detachments 5. Immediately conduct investigations and prosecute the security forces and 733 rd CGPAF that commits grave human rights violations. 6. Stop land use conversions and large scale tourism projects on agricultural lands resulting to landlessness and food insecurity. 7. The DAR should conduct comprehensive review on the agrarian cases at Hacienda Looc and conduct dialogues with regards to the human rights violations perpetuated by the security forces, 733 rd CGPAF, 16 th IB and Philippine Air Force. 8. The DENR should immediately investigate and stop the infrastructure and eco-tourism project of Fil-Estate, MSDC, SM Land Inc., Megaworld and other developer in Hacienda Looc. 9. Recognize the rights of the farmers to own the land they have been cultivating for more than three decades and implement genuine land reform program. For inquiries, please contact: KMP National Secretariat 25-B Matiyaga St., Central District Quezon City, Philippines Tel: (632) kmp@kilusangmagbubukid.org Web: APC Secretariat Room 2, 2 nd Floor, 25-B Matiyaga St., Central District Quezon City, Philippines Tel: (632) apcsecretariat@asianpeasant.org Web: 7

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