Tuesday, February 22, 2011

The OP Decision

The OP Decision
, December 18,2007, College of the Holy Spirit, Manila


“Hindi pa rin naibalik sa amin ang lupa!”


Toto Merida, one of the leaders of the Higaonon farmers who have struggled for more than a decade fighting for piece of land in Sumilao, Bukidnon.  They have staged a 28-day Hunger Strike ten years ago.

“Anong klaseng desisyon yan?”


Ten years after, the farmers have walked more than 1,700 kilometers from Bukidnon to Malacanang claiming for the very same piece of land.  They have been through three presidents already.  This time, Malacanang spoke.

“I have very good news for you.”


Malacanang have ignored the farmers even from the start of the case.  For Malacanang, the farmers’ issues were too trivial that deserves any consideration from the office.  On the other hand, Cojuangco’s San Miguel was too big that does not deserve to be held by any farmers’ group.  But this time, however, Malacanang sent her Press Secretary to deliver the “good news” to the farmers.



“We are very much aware of the plight of the Sumilao farmers even from the beginning.  Malacanang has always considered this case as a very delicate case which needs special concerns.”

It is to be remembered that no less than the Malcanang itself which reversed the DAR Decosion favoring the farmers and thereby allowing the conversion of the land in favor of the Quisumbings in 1994.  It is also the very same Malacanang which allowed the appeal of the farmers in 2004—questioning another DAR Decision which dismissed the petition of the farmers- to sleep in the halls of her office for more than three years before finally dismissing the farmers’ petition for lack of legal standing.


“Wherefore, the Decision of the DAR is reversed and the Petition for Cancellation of the Conversion Order is GRANTED”.

The farmers were contained.  No response was heard from them.  There was no sign of rejoicing or any jubilation from the farmers.  Instead, a vase expanse of silence embraced the atmosphere.


“Ibig sabihin, hindi pa rin naibalik sa amin ang lupa!  Anong klaseng desisyon yan?”


Apparently, the OP Decision, though granting the cancellation of the conversion order of San Miguel Foods, Inc. (SMFI) over the 144-hectare Sumilao property, it deliberately did not state that the land will be given back to the farmers.  Neither did it state the urgency of the process for its distribution to the farmers.  Worst, it did not even recognize the struggle of the farmers to reclaim their land.  The OP Decision merely means that the farmers’ ancestral land will continue to be devoured by San Miguel’s piggery farm.


“It goes in a process.  The DAR is responsible for the land acquisition and distribution of the land to the farmers.  Let us ensure that every legal procedure is complied with.”


The Department of Agrarian Reform (DAR) is the agency responsible for the implementation of the agrarian reform program in the country.  It is supposedly the defender of every farmer in the country.  Ironically, it is the very same DAR which dismissed the farmers’ petition alleging that the farmers’ cause belongs to another office, not the DAR.


“Pinasa-pasa na lang kaming mga magsasaka!  Galling sa DAR ay pumunta kami ng OP.  Ang OP ibinalik sa DAR.  Pagkatapos sa DAR ay sa OP na naman!  Ngayon ibabalik na naman sa DAR?  Hanggang kalian pa kami maghihintay?”


Yoyong Merida, a young but feisty farmer exclaimed angrily at the Press Secretary.  Yoyong leads the landless association of farmers in San Vicente.  He was merely a teenager when the land struggle started in 1994.  Until now, Yoyong is still fighting for the very same land.


At this time, Manang Linda and Manang Hilda registered disdain in their face.  Their disappointment spread all over the 54 Sumilao farmers.


 “Bakit hindi pa naibalik ang lupa sa amin?  Hanggang kalian pa ba kami maghihintay para sa inyo?  Hanggang kalian pa kami maglalakad?”


Exclaimed Badjekjek Merida.  The youngest of all the farmers.  A lady exuding with innocence, yet feisty in her own way.  She is a firm believer that education will liberate the poor from poverty.  Education is a freedom in itself.


“We are coordinating with the DAR on this matter.  We expect the DAR to immediately act on the plea of the farmers.  I hope you understand the situation.”


The farmers walked more than 1,700 kilometers from Bukidnon to Malacanang.  Yet Malacanang refused to understand their situation.  The farmers have struggled for more than a decade already for the 144-hectare ancestral land, yet Malacanang refused to even understand their situation.  The farmers will not return until they get their ancestral land back.  Again, Malacanang refused to understand this.


“Hindi ito ang pangako ng presidente sa amin kagabi.  Ang sinabi niya sa amin ay maibalik na ang lupa sa mga magsasaka.  Bakit wala ito sa desisyon ninyo?  Bakit wala dito?”


An angry Yoyong exclaimed to the Press Secretary.  The latter, looked at the poor farmers, and merely replied:


“It goes in a process.”


Indeed, the OP Decision granted the farmers’ petition.  The farmers understood every singly word in the OP Decision and they knew very well that this is not what they were ultimately demanding from Malacanang.  The farmers mastered all the legal issues of their case and memorized these by heart.  Hence, not even the Malacanang, through its so-called OP Decision, could fool the farmers.  The farmers knew not only of their rights as farmers but also the laws providing for their rights.  They knew that the OP Decision, though couched in such a way as to favor the farmers, was a mere formality intended to appease them.

Meanwhile, 54 Sumilao farmers went back to the streets of Mendiola.  Although disappointed with the OP Decision, the farmers continued their way to Malacanang.  This time, however, the farmers are more determined to win their cause.  They marched in unison and with the firm conviction of their rights.  Then, they chanted strongly so everyone could hear:

“Ibalik ang 144!”











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