ANAKPAWIS, MAKABAYAN FILE HOUSE RESO 1132 ON THE PLIGHT OF FARMERS IN KAPDULA, DASMARIÑAS, CAVITE VS. JAKA

ANAKPAWIS, MAKABAYAN FILE HOUSE RESO 1132 ON THE PLIGHT OF FARMERS IN KAPDULA, DASMARIÑAS, CAVITE VS. JAKAANAKPAWIS, MAKABAYAN FILE HOUSE RESO 1132 ON THE PLIGHT OF FARMERS IN KAPDULA, DASMARIÑAS, CAVITE VS. JAKA

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

SEVENTEENTH CONGRESS

First Regular Session

HOUSE RESOLUTION NO. 1132

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INTRODUCED BY REPRESENTATIVES
ARIEL B. CASILAO
CARLOS ISAGANI T. ZARATE, EMMI A. DE JESUS, ANTONIO L. TINIO,
ARLENE D. BROSAS, FRANCE L. CASTRO, AND SARAH JANE I. ELAGO
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RESOLUTION
DIRECTING THE COMMITTEE ON AGRARIAN REFORM TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE DISPLACEMENT OF SIXTY-TWO (62) AGRARIAN REFORM BENEFICIARIES (ARBs) BELONGING TO THE SAMAHANG MAGBUBUKID NG KAPDULA (SAMAKA) FROM THEIR FARMS ON A 155.7-HECTARE LAND IN BRGY. BUCAL, DASMARIÑAS, CAVITE THROUGH UNSCRUPULOUS MEANS LEADING TO THE JOINT VENTURE AGREEMENT (JVA) AND TAKING OVER OF THE LANDS BY JAKA INVESTMENT CORPORATION, SOUTH CAVITE LAND COMPANY INC. AND STA. LUCIA REALTY DEVELOPMENT INC.

WHEREAS, sixty-two (62) Agrarian Reform Beneficiaries (ARBs) belonging to the Samahang Magbubukid ng Kapdula (SAMAKA) were displaced from their farms on the 155.7 hectares of land located in Barangay Bucal, Dasmariñas City, Cavite;

WHEREAS, the farmers have started cultivating their lands in 1976 but they were displaced from their land in 2007 by the JAKA Investment Corporation (Jaka), a company owned by the family of Senator Juan Ponce Enrile, South Cavite Land Company Inc. (SCLCI) and Sta. Lucia Realty Development Inc. (Sta. Lucia) through the Joint Venture Agreement (JVA) scheme;

WHEREAS, according to Samahang Magbubukid ng Kapdula (SAMAKA), affiliate of Katipunan ng mga Samahang Magbubukid sa Timog Katagalugan (KASAMA-TK), the regional chapter of Kilusang Magbubukid ng Pilipinas (KMP), and its members are also of Anakpawis Party-list, they were deceived to allow the cancellation and transfer of their Certificate of Land Ownership Award (CLOA) to South Cavite Land Company Inc.;

WHEREAS, according to SAMAKA, they have documented the historical narrative leading to the land grabbing and their displacement:

· on March 26, 1991, the Department of Agrarian Reform (DAR) have awarded the 2 CLOAs covering 155.7 hectares to the 62 agrarian reform beneficiaries;

· from 1991 to 1992, a certain Ruben Rodriguez filed a complaint to Court of Appeals to conduct an investigation concerning the real agrarian reform beneficiaries and aiming to exclude SAMAKA members;

· in 1996, farmers under SAMAKA entered the joint venture agreement with Laguna West Multi-purpose Cooperative and South Cavite Land Inc. but they were not furnished copies of pertinent documents;

· on August 29, 2000, the DAR denied the petition of Rodriguez for excluding the SAMAKA members as beneficiaries; as well as, for SAMAKA members to retain on the land;

· but on July 31, 2003, the then-DAR Secretary Roberto Pagdanganan approved the application for conversion filed by a certain Catalina Manarin – Bagsic pretended to be representative of SAMAKA; this action was denied by the SAMAKA members as they were deceived by Manarin – Bagsic;

· in 2007, SAMAKA members were barred from cultivating vegetables and crops by armed security guards, their farms were bulldozed, leading to their displacement;

· on November 23, 2009, the CLOAs covering 155.7 hectares were registered as land titles under SAMAKA;

· but on September 2, 2015, the ARBs learned of CLOAs were transferred under the name of SCLCI, beyond the farmers’ knowledge, hence, they were enraged by the recurring deception by Manarin – Bagsic who they learned processed the transfer for an amount of P469.6 million;

· on October 25, 2016, the SAMAKA filed a petition on the Land Use Cases Division – DAR to revoke the 2003 conversion order consented by Manarin – Bagsic posing as SAMAKA representative;

WHEREAS, according to Belinda Mojica, an active officer of SAMAKA, they are enduring poverty and hunger for more than a decade due to their displacement of the land, hence, in October 2016, farmers belonging to SAMAKA set-up their protest camp and launched their campaign for cultivation which they dubbed as “balik-saka” that remains until present;

WHEREAS, in fully asserting their right to land, SAMAKA members filed a complaint of violation of their socio-economic rights under the 1998 Comprehensive Agreement on Human Rights and International Humanitarian Law (CARHRIHL) at the Joint Monitoring Committee of the National Democratic Front of the Philippines (NDFP) and urged for an investigation concerning the land grabbing and displacement cases of the said corporations;

WHEREAS, as representatives of the marginalized sectors, the authors of this resolution is duty-bound to press congress to examine on the plight of SAMAKA farmers, as one of the many manifestation of the persisting landlessness in the country and unjust displacement of farmers from their lands;

NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, that the Committee on Agrarian Reform to conduct an inquiry, in aid of legislation, on the displaced sixty-two ARBs belonging to SAMAKA from their farms on a 155.7-hectare land in Brgy. Ducal, Dasmarinas, Cavite through unscrupulous means leading to the JVA and taking over of the lands by Jaka, SCLCI and Sta. Lucia Realty

Adopted,

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