ANAKPAWIS, MAKABAYAN FILE HOUSE RESOLUTION NO. 1371 ON THE DISPLACEMENT OF FARMERS AND LAND GRABBING BY THE HEIRS OF GEN. EMILIO AGUINALDO IN SILANG, CAVITE

ANAKPAWIS, MAKABAYAN FILE HOUSE RESOLUTION NO. 1371 ON THE DISPLACEMENT OF FARMERS AND LAND GRABBING BY THE HEIRS OF GEN. EMILIO AGUINALDO IN SILANG, CAVITEANAKPAWIS, MAKABAYAN FILE HOUSE RESOLUTION NO. 1371 ON THE DISPLACEMENT OF FARMERS AND LAND GRABBING BY THE HEIRS OF GEN. EMILIO AGUINALDO IN SILANG, CAVITE

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

SEVENTEENTH CONGRESS

Second Regular Session

HOUSE RESOLUTION NO. 1371

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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 AGRARIAN DISPUTE BETWEEN 300 AGRARIAN REFORM BENEFICIARIES (ARBs) AND HEIRS OF GEN. EMILIO AGUINALDO OVER THE 188-HECTARE LANDS IN BARANGAYS TARTARIA AND LUMIL IN SILANG TOWN, CAVITE, INVOLVING THE CANCELLATION OF CERTIFICATE OF LAND OWNERSHIP AWARDS (CLOAs) AND FILING OF TRUMPED UP CHARGES AGAINST THE FARMERS

WHEREAS, in the 19th century during the Spanish colonial rule in the country, farmers were already tilling the said farm lands in barangays Tartaria and Lumil, Silang town in Cavite;

WHEREAS, at the turn of the century, the family of General Emilio Aguinaldo claimed the lands, hence, farmers were reduced to becoming mere tenants and were compelled to pay land rent in the form of their agricultural products;

WHEREAS, in the 1960s, the Aguinaldo family demanded the land rent to be in the form of cash, but in the 1970s and under the martial law declaration of Marcos, the farmers ceased paying out for the rent as a form of protest and assertion of their rights to land;

WHEREAS, by the enactment of Republic Act No. 6657 Comprehensive Agrarian Reform Program (CARP) in June 1988, the said lands were to be covered after more than a decade of implementation through four collective Certificate of Land Ownership Awards (CLOAs);

WHEREAS, in 1995, four collective CLOAs were generated and registered and distributed by DAR to the ARBs;

WHEREAS, the heirs of Aguinaldo filed for a petition for Exemption/Exclusion citing the Department of Justice Opinion No. 44 (DOJ 44), Series of 1990, or that the lands should be exempted from coverage as they claim were identified as within the industrial-residential institutional zone by the provincial local government;

WHEREAS, but in July 1992, Municipal Agrarian Reform Office (MARO) reported that the Municipality of Silang does not have any zoning ordinance or plan prior to the enactment of RA 6657 CARP in June 1988, hence, recommended for the denial of the petition for exemption of the Aguinaldo heirs;

WHEREAS, the PARO upheld the MARO recommendation and in April 1995 Department of Agrarian Reform (DAR) Secretary Ernesto Garilao issued an order denying the application for exemption and proceeded with the coverage of the lands under CARP;

WHEREAS, in June 1995, the Aguinaldo heirs filed for a Motion for Reconsideration of the order, but was denied and with DAR Sec. Garilao ordering the case to be closed;

WHEREAS, in 1996, the land-owning family appealed to the Office of the President, where former Executive Secretary Ruben Torres overturned DAR Sec. Garilao’s order and favored the Aguinaldo heirs;

WHEREAS, in December 1997, the Provincial Agrarian Reform Adjudicator (PARAD) granted the petition of the Aguinaldo heirs and cancelled CLOAs of the ARBs;

WHEREAS, as assertion for their rights to land, the ARBs maintained their positions and continued on cultivating the land, hence, faced harassments such as limiting their mobility and violating their right of way, according to members of Samahang Magsasaka ng Tartaria;

WHEREAS, in July 2015, around sixteen houses were reportedly demolished under the orders of the Aguinaldo heirs, and resulted the filing of the trumped up charges of grave coercion against twenty ARBs, including senior citizens;

WHEREAS, with the long struggle by the farmers for their claim on the land, whose rights to land are historical, moral and even legal, the injurious windup that favored the landlord over the poor peasant is patently worthy of congressional scrutiny, hence, filing of this resolution;

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 agrarian dispute between 300 ARBs and heirs of Gen. Emilio Aguinaldo over the 188-hectare lands in Barangays Tartaria and Lumil in Silang town, Cavite, involving the cancellation of CLOAs and filing of trumped up charges against the farmers.

Adopted,

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