Baguio LP-NPC coalition a go

October 28, 2012 in Baguio City, Featured

By NORTHERN DISPATCH

BAGUIO CITY — It is final: the local Liberal Party (LP) and Nationalist Peoples Coalition (NPC) has united for the May 2013 elections behind, what they called the tandem, Marques S. Go and Jose Mencio Molintas for the congressional and mayoralty positions, respectively.

UNITED. Liberal Party (LP) and Nationalist Peoples Coalition (NPC) has united for the May 2013 elections behind the tandem of Marques S. Go (LP) and Jose Mencio Molintas (NPC) for the congressional and mayoralty positions, respectively. Nordis photo

After a meeting at Claro M. Recto, Navy Base barangay here, attended by representatives of the two parties, Go, who is also the LP chairman in the city, made the announcement Friday that they have made final the LP-dominated coalition where Go was also chosen as the official spokeperson of the local LP machinery and for issues related to the coalition.

Under advise and support of LP national officials, Go was given the mandate to work on a local program for the strengthening of the LP machinery here for the coming May 2013 elections.

He has been supportive of the tandem as he pointed out that Molintas was an LP even prior to the filing of his candidacy for the mayoralty position.

Atty. Faustino Olowan, a former City Councilor, and an LP candidate for the said position, said that they achieved one level of unification for the local party and the opposition. He expects that their move will be elevated to a more unified coalition machinery to challenge the incumbent ruling party.

Residents and various sectors of the city who are supportive for a change for a better Baguio welcome the development of a united local opposition. “It would elevate their winning chances against the well-oiled machinery of the inccumbent,” one observer said.

Meanwhile, the coalition continues to negotiate for a final and winning slate to the City Council. As per City COMELEC Records, the candidates who filed under LP are incumbent councilors Poppo Cosalan and Ed Bilog, Olowan, Bruce Limayog, Peter Wasing, Arthur L. Allad-iw, Rudy Paraan, Willy Occidental, Agaton Yaranon, and Leandro Yangot.

Rob Ocampo, Basilio Fongayao and Anthony Araos filed under the NPC while Frisco Domalsin filed under the Laban ng Demokratikong Pilipino. Youth leader Van Dicang filed his candidacy for vice-mayor under the NPC. # nordis.net

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Rocker Sting supports Baguio fight to save trees and the environment

October 28, 2012 in Baguio City, environment, Featured

By DELIA BAGNI
www.nordis.net

BAGUIO CITY — In support to the plea of Baguio residents to stop the removal of 182 heritage pine trees in favor of a mall expansion here, Sting moved his concert venue from the Mall Of Asia Arena (MOAA) to Smart -Araneta Coliseum, according to a statement released on October 9.

International music artist Gordon Matthew Thomas Sumner better known as Sting, a top billing British musician, was the principal songwriter, lead singer and bassist of the rock band The Police before he went solo. He is scheduled to have a big concert on December.

Sting changed the venue of his concert personally upon receiving pleas from Baguio residents to change the venue because the MOAA is part of a company that owns the SM mall here that scheduled the uprooting of 182 trees for an expansion of the mall and has refused to heed the appeals to conserve the trees instead.

Lawyer Cheryl Daytec-Yañgot, a founding member of the National Union of Peoples’ Lawyers (NUPL) and a legal counsel of Project Save 182 opposing SM’s cutting of trees, wrote a letter informing Sting of an online petition asking the singer to change his concert venue accompanied by a video of the mass indignation rally in April this year where thousands of locals made a public appeal to “save the trees”. The petition was signed by 393 facebook users that time.

On their posts, Project Save 182 was born on January 20, 2012 when more than 5,000 people gathered in front of SM Baguio to protest their planned mall expansion. SM and the local government kept things under wraps, they said. Public consultations as mandated by Philippine law and even international law were not conducted and the project did not and does not bear the stamp of social acceptability. Since then people have not stopped protesting this development project.

Qouting from Daytec’s facebook post, “I wrote a letter to Sting’s agents appealing that they abandon SM-Mall of Asia Arena as the venue for the musician’s December concert. Sting, a voice of the oppressed, cannot sing in the halls of the oppressor.”

Another leading member of the Project Save 182, Karlo Marko Altamonte sent another letter to the Rainforest Foundation which was founded by Sting and Trudie Styler on the same appeal to withdraw the concert from the venue.

Sting is singer-songwriter, activist, actor and philanthropist who strongly supports environment conservation and humanitarian movements such as Amnesty International. Sting wrote and sings songs “expressing an angry indictment of apathy in the face of world hunger, torture”. One of his singles entitled “They Dance Alone” expresses the cries of wives, mothers, daughters and sons of dissapeared and victims in Chile who cannot voice out their grief because of fear that they might also go missing. He is a member of both the Rock and Roll Hall of Fame and the Songwriters Hall of Fame.

Ovation Productions, the promoter of the coming concert, confirmed on the net that the Back to Bass Concert Tour is now moved to Araneta Coliseum and the show date is still December 9, 2012. Exchange and refunds of tickets started this October 25 at the ticket office of Smart Araneta Coliseum until November 18. The management assured that the fans who have reserved seats will still receive reserved tickets. # nordis.net

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DOTC-LTO upholds RTC decision in selected areas

October 28, 2012 in Cordillera, Featured, transport

By ALDWIN QUITASOL
www.nordis.net

BAGUIO CITY — In an interview, PISTON-Cordillera President Carlito Wayas said, DOTC Assistant Secretary Virginia P. Torres issued a memorandum recently directing the agency branches under its 1st Judicial Region: the provinces of Abra, Benguet, Ilocos Norte, La Union, Mountain Province and Pangasinan as well as the cities of Baguio, Laoag and San Carlos; to revert back to the old D.O. 96-693 for the collection of administrative fees and penalties.

He also showed the press the copy of the memo sent to Pagkakaisa ng mga Samahan ng Tsuper at Opereytor Nationwide-Cordillera (PISTON), and said, although limited, they welcome the move of DOTC thru assistant secretary Torres to heed an earlier decision issued by the Regional Trial Court Branch 5 in Baguio “to cease and desist” from implementing D.O 2008-39 as it is seen unconstitutional because of the exorbitant and unjust fees and penalties it imposes.

The PISTON-Metro Baguo also stated that the suspension of the Department Order (D.O) 2008-39 of the Department of Transportation and Communications-Land Transportation Office (DOTC-LTO) should be implemented all over the Philippines and not in certain areas only.

They also added that the directive is discriminatory against fellow drivers and transport operators who are members of same sector they belong to but are out of the selected areas covered.

It may be recalled that on May 3, 2012, RTC Branch 5 Judge Antonio M. Esteves decided in favor of the Maria Basa Express Jeepney Operators and Drivers’ Association (MBEJODA) and its president then, Manuel S. Kitan who filed a petition for a Permanent Writ of preliminary injunction against the LTO directive in August three years ago.

Judge Esteves also ordered the LTO, DOTC and all persons and offices acting on their behalf to cease and desist from implementing the said LTO directive.

MBEJODA, a member organization of the PISTON-Cordillera found the LTO Department Order numbered 2008-39 titled: “Revised Schedule of LTO Fines and Penalties for Traffic and Administrative Violations” irregular when three of its member-drivers were apprehended by the “flying Squad” of the LTO for alleged “out of line” or “deviation” of route.

The three were told that they will have to pay the fine of P6,000 and if they failed to pay within the 72-hour period, they are going to pay the surcharge of P1,500 a day.

DO 2008-39 was secretly formulated in the year 2009 and did not even pass through a public consultation said Wayas. He said, they were caught by surprise when it was applied against their members in March 2009.

According to the transport group, the fines was for traffic violations that were basically increased from three hundred pesos to one thousand pesos.

According to Ribo Wayas, one of the three drivers who was subjected to the fines under D.O 39 for driving in slippers and no uniform, the fine used to be P150. But he was surprised when the other driver caught showed him they were being fined P1,150.

The complainants claimed that the LTO directive has constitutional defects that makes it null and void. They argued that it is in the nature of penal legislation which practically deprived the petitioners and all other drivers of equal protection under the law, and the amount of the fines are tantamount to a confiscation of property without due process. The petitioners also alleged that the order is a revenue measure and not a valid exercise of the Police Power of the State.

The arguments raised include: for a law or order to be valid, it must not contravene the constitution or statutes; must not be oppressive and impartial, but fair and general; must not prohibit but may regulate trade; must not contravene common right; must be consistent with public policy and must not be unreasonable.

After the earlier decision of Judge Esteves, DOTC filed a Motion for Reconsideration on May 24. On September 10 of this year, the court affirmed the decision denying the appeal of the transport agency. Judge Esteves noted that it was not able to advance new argument that would warrant reconsideration of the May decision. The court stated that all the matters contained in the motion were already discussed in the earlier decision.

In the directive of Torres, she stated that pursuant to the opinion of the Office of The Solicitor General (OSG), D.O 2008-39 is still in effect on the rest of the country. Wayas criticized this saying it is unfair to their fellow small drivers and operators. He said it is not only MBEJODA and PISTON-Cordillera who are opposing the LTO directive. He added the drivers and operators of the province and cities where the directive of the national office of the transport agency is implemented are not only the ones who are suffering from exorbitant fees and penalties amidst the continuous rising of prices of oil products, basic commodities and social services.

Meanwhile, PISTON Party List George San Mateo in a phone interview said the latest diresctive of Torres can be considered as a partial victory for the small drivers and operators. He added this is a precedent for a heigthened campaign of PISTON to call for the nationwide implementation of the RTC decision.

However, he said that they will file cases of indirect contempt of court and theft against DOTC-LTO Manila. He said they noted that in the Torres issued directive, the ordered suspension in selected areas is based on the opinion of the OSG. “Kelan pa naging korte ang OSG, at kaya pa nitong iliko ang desisyon ng isang legally established na korte?” (When did the OSG became a court that it can even divert the decision of a legally established court?) he retorted. Mateo said they are filig a case of theft against LTO Manila as one of the members of PISTON-Manila was apprehended for driving in slippers and was charged P1,200.

Mateo also said they are planning to file a motion for clarification to get an official explanation how the D.O 2008-39 was declared null and void for the other agencies to understand.

The transport group reiterated their stand that the order of RTC should be implemented nationwide. Wayas said they will continue to rally for the cease and desist order against D.O2008-39 to be applicable all over the country. # nordis.net

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Taxi drivers, operators ask halt to Common Carrier Tax

October 28, 2012 in Baguio City, transport

By ALDWIN QUITASOL
www.nordis.net

BAGUIO CITY — According to the Samahan ng mga Taxi sa Cordillera Administrative Region (STCAR) head Melanio Panayo, the imposition of the Common Carrier Tax (CCT) under Republic Act 9337 would add up to the burden of the drivers and operators of cabs here.

During the regular session of the Sangguniang Panlungsod, taxi drivers and operators of Baguio City trooped to the session hall to ask for the endorsement of the members of the city council of their letter of petition to Bureau of Internal Revenue (BIR) Kim Henares to stop the collection of CCT which is 3 % on the gross earnings of (taxi) units that will be based on the receipts coming out of their meters. Panayo said that majority of taxi operators of Baguio have only one or two units and they are hard up at coping with the rising cost of oil products and automotive parts and service fees for the maintenance of their Taxi cabs. The 3% he said is a heavy added burden on them.

Panayo revealed that while they are wary of the CCT, they learned that the same is not being enforced in Metro-Manila and other places of the country. He said this is not fair and is an unequal proposition.

The registration of all taxi meters issuing receipts pursuant to Revenue Memorandum Order Bo. 12-2012 will be implemented this month said Panayo.

According to Panayo, the taxi fare here in Baguio is much lower than that of other major cities of the Philippines. He said Baguio is naturally a mountainous terrain that make the vehicles consume more fuel and require more repairs and maintenance this requires more expense.

He added that this may be the reason why the Cordillera Region used to be granted higher rate charges in the 1980s and 1990s on the recommendation of the Committee on the Revision of Public Service Law of the University of the Philippines. He said that the Land Transportation Franchising and Regulatory Board (LTFRB) forgot this at the expense of taxi operators of Baguio City and the Cordillera. # nordis.net

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Mankayan folk invoke ancestral land rights to keep barricade

October 28, 2012 in Cordillera, mining

By KIMBERLIE NGABIT-QUITASOL
www.nordis.net

LA TRINIDAD, Benguet — Indigenous people of Tabeo, Madaymen, Mankayan, Benguet opposing the drilling operations of the Far Southeast Gold Resources Inc. (FSGRI) vowed to continue with their barricade even after the National Commission on Indigenous Peoples (NCIP) Cordillera denied their petition for Writ of Preliminary Injunction against the company project last September.

NCIP Benguet Legal Officer Atty. Severino Manuel G. Lumiqued confirmed during his report to the Benguet provincial board that the NCIP Regional Hearing Office denied the petition of the barricaders stating that free prior and informed consent (FPIC) is not required in the said mine operations. He explained that the area under contention is covered by a Mineral Production Sharing Agreement (MPSA) issued prior to the passage of the Indigenous Peoples Rights Act (IPRA).

Lumiqued added that the case is already in the hands of the NCIP enbanc as the barricaders had appealed their case.

Save Mankayan Movement President Marlo Pablo in an interview said they will not abandon their barricade even if the NCIP enbanc will carry the decision of its regional office. “Anya ngay garud, ket isu ti desisyon ti NCIP, imbes nga para kuma iti IP ket saan met,” (What can we do, that is the NCIP’s decision, an agency supposed to be for the IPs but is not) he added.

Pablo said the barricade is getting stronger and is gaining wider support. “Agsangapulo a bulan kamin nga agbarbarikada, ket pumigpigsa kami ken lumawlawa ti suporta kadakami. Agtultuloy met lang ti panagisayangkat mi ti IEC (information education campaign) tapno maawatan ti kaadwan nu apay nga agbarbarikada kami, nga ti ilablaban mi ket pagsayaatan ti amin,” (We are on our 10th month in our barricade, and we are growing stronger and gaining wider support. We are also conducting continuous IEC so that the wider public may know why are we maitaining our barricade, that what we are fighting for is for the good of everyone) he reiterated.

He further said that they are still hoping that the NCIP enbanc will decide in their favor. “Barbareng denggen ti NCIP enbanc ti posisyon ti umili ket agdesisyon para iti umili. Ngem nu saan ket talaga nga awanen ti manamnama mi nga ahensiya ti gobyerno nga pagkapetan. Isu nga ti sigurado ket ti pigsa ti pangakaykaysa mi nga umili tapno ilaban ti karbengan mi,” (Hopefully the NCIP enbanc will listen to the IPs and decide in our favor. But if not then we do not have any other government agency to hold on to. What we can rely on is our own strength and unity to uphold our rights) he stressed.

Cordillera Peoples Alliance (CPA) Deputy Secretary General Santos Mero criticized NCIP Cordillera for passing the buck to the NCIP enbanc. “They are just trying to wash their hands. The denial of the IPs petition is the NCIP region’s decision,” he stressed.

“They keep invoking prior rights as a reason for the denial of the people’s petition. Who has prior rights over the land? Is it not the IPs whose forefathers have nurtured and protected the land way before the Spanish invaders and Americans came?” Mero reiterated.

Mero further said that even if the MPSA was granted before IPRA, the spirit of the law (IPRA) is to correct the mistake of the past, government must respect this and use the law to protect the IPs. He explained that FPIC was not conducted in the past because there was no specific law defining it but now there is, therefore the present laws should be applied. # nordis.net

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Baguio joins nationwide protest vs privatization of hospitals

October 28, 2012 in Baguio City, general welfare, health, national

By DELIA BAGNI
www.nordis.net

BAGUIO CITY — Militant groups in a nationally coordinated activity staged a silent march protest infront of Baguio General Hospital and Medical Center (BGHMC) signifying consistent opposition to the plan to privatize 26 public hospitals in the country including BGHMC. Bicol, Cebu, Davao and National Capital Region (NCR) also held their protest actions on October 25.

NO TO PRIVATIZATION. Deeply concerned groups and citizens of Baguio and Cordillera air their opposition to the corporatization of 26 government hospitals in the country including the Baguio General Hospital-Medical Center (BGHMC). Photo courtesy of KATRIBU

Members of the Katribu Partylist, Community Health Education, Services and Training in the Cordillera Region (Chestcore), Cordillera Women’s Education Action and Research Center (CWEARC), Pinatud-Anakbayan, students of the University of the Cordilleras and other schools attended the protest action here.

According to Katribu Partylist Spokesperson Samuel Anongos, privitization of BGH and 25 other public hospital poses a threat and great discrimination towards the indigeneous people especially that BGHMC’s long medical service in the region has earned the trust of the IPs of Baguio City and the provinces of Benguet, La Union, Kalinga, Ifugao, Nueva Vizcaya.

He added that the government and the management of BGHMC should not deny the peoples right to good health and medical service. On top of this, he said that 50% of the clinics in the Cordillera Region do not have enough or sufficient medical facilities, medicine or medical personnel to serve the needs of the region. Now upgrading of medical facilities in the region are held back because of this plan of privatization. He added that privatization is not the answer to poor government medical service and assistance.

Interns of Benguet General Hospital (BeGH) who participated in the action shared that BeGH and BGHMC have same medical services yet Benguet charge their patients higher fees. They added that BeGH is a semi-private facility, how much more if BGH is privitized?

They shared that if BGHMC now does not charge consultation fees but when if it is privitized patients are to be charged P450 like the private hospitals do. P450 is a big amount for most people even those receiving the mandated minimum wage.

Protesters explained that corporatization of public hospitals will deprive people of the much-needed government health services and worsen the already ill state of health of the country. This privitization is seen to only further reduce overall access of the poor to health services, increase the number of seriously-ill people unable to get treatment, and result in more deaths from diseases. Besides, health workers’ benefits, job security and labor rights will be under attack in government owned and contolled corporations (GOCC) hospitals because profit becomes the main objective and hospitals shall be run by the cheapest labor possible.

The other 25 government health institutions identified for corporitization are: Cagayan Valley Medical Center, Veterans Regional Hospital, Ilocos Training and Regional Medical Center, Region I Medical Center, Dr. Paulino J. Garcia Memorial Research and Medical Center, Jose B. Lingad Memorial Medical Center, Batangas Regional Hospital, Bicol Medical Center, Bicol Research Training and Teaching Hospital, Quirino Memorial Medical Center, Jose R. Reyes Memorial Medical Center, Rizal Medical Center, Amang Rodriguez Medical Center, San Lazaro Hospital, Vicente Sotto Memorial Medical Center, Eastern Visayas Regional Medical Center, Corazon Locsin Montelibano Memorial Regional Hospital, Western Visayas Medical Center, Northern Mindanao Medical Center, Southern Philippines Medical Center, Zamboanga City Medical Center, Cotabato Regional and Medical Center, CARAGA Regional Hospital, Davao Regional Hospital, at Mayor Hilarion A. Ramiro, Sr. Regional Training and Teaching Hospital. # nordis.net

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New FPIC guidelines still divisive

October 28, 2012 in national

By KIMBERLIE NGABIT-QUITASOL
www.nordis.net

BAGUIO CITY — The revised guidelines on free prior and informed consent (FPIC) that the National Commission on Indigenous Peoples (NCIP) approved earlier this year attempts to further limit the advantage of indigenous cultural communities (ICCs) in the process so that it remains to be confusing and divisive.

This was the statement of Beverly Longid, president of Katribu Indigenous People Partylist. She reiterated that Indigenous Peoples Rights Act (IPRA) is actually an instrument of the State used to suppress IP rights.

“IP traditional rights should not be limited with the provisions of the IPRA. The IPRA is not yet complete by itself,” Longid stressed.

She said that the new FPIC guidelines do not actually respect or fully recognize the IPs assertion of their right to self determination and to manage their ancestral territories and resources. She explained that IPRA limits IP territories with the granting titles over IP lands and domain such as the Certificate of Ancestral Domain Title (CADT).

She pointed out that IP territories do not follow the political boundaries set by the government. She also said CADTs are not always issued to IP organizations but also to individuals which causes disunity in communities.

Longid cited as an example the on going opposition to the Tampakan Copper-Gold Project of the SaXstrata’s Sagittarius Mines Inc. (SMI) in South Cotabato that resulted to the massacre of the family of Daguel Capion, a Blaan in Tampakan, South Cotabato. She explained that the CADT holder gave consent to the mining activities against the will of affected community members.

“The NCIP has consistently failed to carry out its mandate to uphold IPs rights. It is silent and inutile on the recent spate of killings of IPs. Worst, unending reports from indigenous communities point to its collusion with mining corporations,” she stressed.

She pointed out that the NCIP is redefining IP concepts and traditions to give extractive and destructive companies more leeway to exploit IP communities. She explained that to IPs consensus is the community’s decision, which can either be giving their consent or rejection to proposed projects.

She further said that the new guidelines even allowed extractive companies to conduct another round of FPIC if the first fails to get them the IP’s consent. “The IP’s decision should be respected. If they say NO, then the government and mining company should not force them to give their consent,” she reiterated.

Longid further said that the NCIP has actually been railroading FPIC processes and the new guidelines just legalized what the agency has been clandestinely doing in the past. # nordis.net

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Editorial: The massacre of a family

October 28, 2012 in editorials, Featured, human rights, national, opinion

www.nordis.net

It has been described as “the massacre” of a family and an “act of brutality against the most vulnerable sector”. According to news stories, it was committed by State security forces particularly by the 27th Infantry Battalion (IB) of the Philippine Army (PA) against a two-months pregnant mother, two of her gradeschool sons, and youngest daughter. The man of the house had long left the place “for security reasons”. The news also said that the soldiers in an armed encounter straffed the hut where the family lived in, killing those inside and gravely wounding the little girl.

The family: Juvy Capion, 27 years old, a farmer and her children JanJan, 13; Jorge, 8; the wounded 5 year old Vicky. The head of family Daguil Capion was their tribes’ recognized and respected elder or chief (for the lack of a closer English term). It is by the mandate of the community that the tribal leader and its warriors should stand and defend the people. The family belonged to a small tribal community of B’laan indigenous peoples, who refused to give up their ancestral home to large-scale corporate mining exploration. The data given to the news showed that their tribe holds a Certificate of Ancestral Domain Title (CADT) along with two other tribes on overlapping boundaries. At different stages of the occupation of the mining company on these ancestral domains, these free and simple-living tribal people consistently refused to give their ancestral home away.

As a backdrop is the National Commission on Indigenous Peoples, the government offices created and mandated to protect indigenous peoples (IP) as part of the justice being served the IPs in relation to the historical wrong the colonial states then and the present state system wrought against these peoples; and The Armed Forces of the Philippines (AFP) that declares the army’s core purpose is “Serving the People Securing the land.” On the foreground is this particular case on Oct. 18 in Fayahlob, Sitio Datal-Alyong, Danlag village, Tampakan town – the massacre of an IP chief-warrior’s family. Where were the NCIP and the AFP?

These deaths brings the count to the 28th case of extrajudicial killings involving indigenous peoples’ leaders – respected elders and treasured children – committed under the leadership of Pres. Benigno Aquino III (PNoy) simply because these people refused to give up their ancestral domains to corporate mining.

Clearly this “act of brutality against the most vulnerable sector” (IP, women and children) can only send a message of how cruel the people running the government can be, violating the people’s rights in favor of big business especially large-scale and foreign-owned mining. To add insult to injury, the Aquino administration with impunity continues to allow this kind of violence to persist and go unpunished.

Also, trying to pass the massacre of the Capion family as an armed encounter is added proof that there has been nothing substantive after the proud pronouncements of the AFP as one promoting respect for human rights, and safeguarding the rights of children. Maybe, it was mere rhetoric and “pabango” to win the hearts and minds of the Filipino people.

It is but right for concerned Filipinos to call for justice for the Capion family and demand that perpetrators of human rights violations be brought to justice now, especially under a leader who himself and his family were once themselves victims of human rights violations.

As well as, the call for the recognition and the respect for the rights of indigenous peoples to their ancestral domains, and their choice to refuse large-scale commercial development be upheld by this administration, whose leadership has it in its history of “paving the way for the Indigenous Peoples Rights Act.”

Turning a blind eye to these calls can only prove once more that the masses – the freedom loving workers, peasants, indigenous peoples, women and youth – only have their united ranks to effect substantial change in Philippine society. # nordis.net

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Publisher’s Note: Diaryo ti Umili ti Amianan, 24 years of grassroots journalism

October 28, 2012 in editorials, Featured, opinion

www.nordis.net

On September 1, 1989 Cooper Resabal wrote, “This is our maiden issue of the Northern Dispatch (Nordis), a weekly packet of news and features on Northern Luzon. Initially the coverage will be on the Cordillera and later, on the Ilocandia and eventually the Cagayan Valley. We are a group of community-based writers who feel the need to strengthen coverage of regional and provincial news and issues…”

Cooper was the first editor of Nordis news packet and on this maiden issue are featured: Benguet tribes protest open pit mining by C. Resabal; Kibungan Folk suffer rice shortage by Maurice Malanes; Spring water for Bago community by Concepcion Dangpa; and a book review on The indigenous voice: visions and realities edited by Roger Moody for IWGIA and Zed books, by Carolyn S. Gamiao.

On October 11, 2002, these earlier initiatives morphed into a regular weekly regional newspaper edited by Pio Verzola, Jr. that hits the streets every Sunday of the week. Northen Dispatch Weekly (NDW) like its dispatch-predecessors, continued to give priority coverage to often neglected issues of the community, of basic sectors (farmers, women, fisherfolk, workers, urban poor, youth, indigenous peoples, government employees, etc.), and takes it from their organized point of view, from community initiatives and programs. This distinguished Nordis from other news outlets especially from the conservative, traditional and local, mainstream media jargon.

Like what Cooper Resabal and his colleagues envisioned in1989, the area of coverage and circulation begun with the Cordillera region. NDW in the passed decade has now actually covered and brought stories from all three regions of Northern Luzon, Central Luzon and from events in the different regions of the country, and sometimes from other countries that has bearing on or that is of interest to its readership. Like our readers and partners, NDW also carries coverages on universal concerns as the conservation of the environment, climate change, human rights, indigenous peoples, etc. as it relates to the communities it serves.

In the words of its founders, “NDW is an advocate of grassroots media. Grassroots media operate at no or minimal profit and rely on a network of supporters and volunteers rather than salaried staff”.

Grassroots journalism grows out of a strongly felt need by people in media themselves to prioritize public service over profit motives to widen democratic ownership of media facilities and to bridge the social gap between the journalist profession and its mass audience.

NDW, Diaryo ti umili ti amianan, on its tenth year celebrates with its readers, friends and partners our continued contribution to strengthening our democratic society, and the peoples freedom of expression, assembly, and the right to information. Thank you for your continued support, and congratulations too! # nordis.net

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Advocate’s Overview: Magnetite mining threatens Ilocos beaches

October 28, 2012 in columns, Featured, Ilocos, mining, opinion

By ARTHUR L. ALLAD-IW
www.nordis.net

I got the chance to visit the natural beauties of Ilocos Norte and Ilocos Sur last year. It was a visit that deepened my appreciation for these natural areas, complimented by historical sites such as the Spanish built colonial churches.

I appreciated most the Ilocos beaches, particularly in Pagudpud, the white sand, blue and crystal clear water. But I was so saddened by the sight of these beaches being threatened by magnetite mining activities of both foreign and local corporations. The people, and progressive lawmakers, petitioned the Supreme Court for a writ of Kalikasan to stop these mining activities, particularly by the Altamina Exploration Resources Inc. and the government from implementing the latter’s questionably issued Financial and Technical Assistance Agreement (FTAA).

The writ is a legal remedy that it is available to people whose constitutional rights to a balanced and healthful ecology are violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants.

The writ filed was directed to Altamina’s FTAA which covers 9,588.2398 hectares in the Ilocos coastal areas. The writ was among those first issued by the Supreme Court in May this year in favor of the environmental right of the people in the area. It is a treasured legal victory complimented by the support of the people’s movement for the preservation of their ecology.

Among the issues actually raised was based on the constitutionality of the issued FTAA. It was not only a dubious issuance but the power of the issuing authority was absent, as it is only done by the Secretary of the DENR and not by the president as mandated by the Constitution.

But the best reasons for the people’s petition were their rights to their environment and their livelihood which will be altered by the magnetite mining if done in a full scale. Residents pointed out that magnetite mining would also threaten the supply of fish and other aquatic produce on which most of them depend on for their livelihood. The people were backed by scientists and environmentalists who pointed out that: The extraction of black sand from the river or ocean bed disturbs the habitat of the benthic organism – one of the key elements of aquatic life.

The writ of Kalikasan issued by the Supreme Court against Altamina is considered to be timely as climate change is an urgent worldwide concern. It also showed that the said remedy can work in favor of the environment and the people’s livelihood. It is a long way however to go as the implementation and observation of the writ is another stage of the people’s struggle. And the people must militantly monitor or watch the concerned agencies to ensure that the writ be observed without reservation.

And the Amianan Salakniban, a peoples environmental alliance in the Northern Luzon area, must be supported in its noble move of protecting the environment against large scale magnetite mining. Since it is the people that will suffer from the mining policy of the government, the people must exert its sovereign will to organize and act for the protection of its environment. They are worth supporting! # nordis.net

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Crossroads: Testing libel in cybercrime law

October 28, 2012 in Cagayan Valley, columns, Featured, opinion

By MARY LOU MARIGZA
www.nordis.net

Now we told you so. Despite protests that the cyber crime law is bound to be abused, it was still signed by the president. It was the vigilance of the netizens and freedom loving citizens all over the world that stopped its full implementation. However I am not that optimistic that the law will be scrapped. We have had a lot of experience on oppressive laws that are still with us even after martial law has long been lifted.

We joined the netizens in protesting this law and now a friend is being charged with libel using this dreaded law. Manang Espy Garcia is an environmetal crusader of the Gonzaga Alliance for Environment Protection and Preservation for a long long time now. She is a retired school teacher, an excellent and awarded former Sangguniang Bayan official of Gonzaga, an avid internet and keyboard pusher, a mother.

We met manang Espy in our work to protect the environment especially on the issue of magnetite mining. She is one among the many Cagayanos who are not afraid to face terrible threats including that to life in order to preserve the patrimony of this mineral blessed nation not only for the present generation but especially for the next generations to enjoy and use to push our country to develop and progress.

Manang Espy is one of the many who are embracing a Quijotic crusade to save the beaches and water sources of our nation from black sand quarrying by the shiploads, not for our use but for other nation’s use. And worse, these foreign companies are using local permits to evade the compliances like environmental protection or rehabilitation measures needed for mining permits. Worse, these big foreign companies are dangling juicy enticements to local officials, not to local communities whose livelihood and health are badly affected.

We had wanted to take a video of manang Espy last year when we were making the video No Black, No Green, No Blue for her testimony on Gonzaga and what they are doing to save Cagayan from further degradation. She begged off since at that time she had just weathered a case against her for allegedly not paying tax on her lodging house in Gonzaga and what not civil case, preventing her from proceeding with what she really wanted to do in her life as she was burdened with these cases.

However, she continued her work of informing the people of the happenings in Cagayan through the internet especially social media. She is so good at posting, and she uses youtube, flicker,   video, pictures and file sharing programs that would shame young techies. She uses her connections to media to the hilt.

She is a teacher after all. We have seen her with priests and the Archbishop in the crusade to stop magnetite mining. We have seen how untiring she is, using her own money to knock on government offices and officials to bring the plight of Cagayan to national attention.

Now she is being slapped with a libel suit for showing the truth about magnetite mining in Gonzaga. After all these facts are already in print and other media. In fact the national officials of DENR have issued a cease and desist order to stop the mining operations of the foreign black sand operators.

Malacanang was all over the place trying to wash its hands off the case. No the cybercrime law is not retro-active, no the cyber crime law cannot be used, no we are not aware of the case, no we have not been informed of the case, no they do not think this is an cyber crime. No, they do not know anything.

And so we say once more, the cyber crime law is a legal instrument in the hands of bullies. What a convenient tool at the hands of bullies, onion skinned authorities and all those monsters who want to silence dissent and the truth.

And don’t tell us WE DID NOT WARN YOU OF ITS ABUSE. # nordis.net

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From Under This Hat: Not all white people are ‘milikano’

October 28, 2012 in columns, Featured, opinion

By KATHLEEN T. OKUBO
www.nordis.net

Carol Brady deRaedt is part of an old Baguio family who were friends and neighbors to my paternal grandparents. She is a descendant of one of the ‘kadangyan’ clans of Mankayan and a German who joined the prewar American mine prospectors and hit it big in Lepanto. They established residence in Baguio. Her late mother, Olga Muller – Brady were childhood friends of my late Aunt Cecile and my late Dad whom Aunt Olga always called “Yuskad”.

I met Carol as a student in the University of the Philippines College Baguio (UPCB) in the 70’s as a friend and classmate of my upperclassmen and older cousins. I was to meet her again a decade later as a professor in UPCB during studies and discussions about the identity, history and culture of national minorities, and the regionalization of the Cordillera and during the foment of the anti-Chico dam movement. I witnessed Carol’s talk on the situation and the proposed regionalization of the Cordillera before members of the press, Bontocs and Kalinga peoples held at Bugnay, Kalinga. The emcee introduced her as a professor and so on. The moment she opened her mouth, there was noticeably a sudden silence (the kind where you can hear a pin drop) in the audience that made me check out the crowd. Many jaws dropped and eyes popped wide followed by giggles and murmurs from the people in the audience, huddled and whispering. I overheard one exchange, (roughly translated) “…Not all whitepeople are ‘milikano’, hihihi…” Carol (a caucasian, fair and naturally light haired) talked to the people in her spirited forceful Kankana-ey which surprised the majority (men) of the audience.

She will be missed. On October 23 Carol moved on to the Great Beyond. Our deepest condolences to her family and clan.

* * * * *

El pueblo unido jamás será vencido

Roughly translated, “the people united shall never be defeated”. According to Wikipedia this line is part of the lyrics of a Chilean song composed by Sergio Ortega with text written by Quilapay and recorded in June 1973. The song reflecting the spirit behind the mass mobilization of working-class people who in 1970 elected Salvador Allende for the socialist transformation of Chile. It then became the anthem of the Chilean resistance against the dictatorial Pinochet regime. It is now internationally translated in different languages, sung or chanted during protest rallies and peoples’ mass mobilizations. In the Philippines, protest rallies and marches chant to its tune, ang tao, ang bayan, ngayon ay lumalaban!

A befitting agit for the ‘Save the 182’ activists who put their wits and resources together to defend the Baguio peoples rights to a clean and healthy environment by appealing to everyone to support the protest against the cutting of 182 trees, and preserving it as a natural breather for living things (especially human beings). These trees are located in the middle of the over-developed, over-populated, over- burdened City of Pines.

Their appeal successfully reached another environmental-activist, artist, poet, composer, an icon and a top billing Star on stage in the otherside of the globe. A favorite especially among the teenagers of the mid 90s, the artist sometimes called by the title of one of his compositions as the “Englishman in New York” is scheduled to have a big concert in the country in the first half of December this year. His concert was originally set at the Mall of Asia.

However, the great artist was informed that the assigned venue for his concert was among the numerous properties owned by the same conglemerate that owns SM Baguio, that very mall that insists on cutting the 182 trees in favor of developing the site for the mall’s expansion. This top star performer, envi-activist and founder of Save the Rainforest Foundation asked the organizers of his concert in Manila to find a different venue. The organizers obliged and are now processing tickets and reservations bought for that concert for the change of venue.

As a part of Baguio’s concerned citizenry, I am so very grateful for STING’s support for a healthy environment in Baguio. And now, I feel kind of guilty for scolding my boys (brothers, sons and nephews) when they sung Sting to the top of their voices inside the house.

I am also inspired by, and share what Sting’s Save the Rainforest Foundation views, that “the past and the future are connected through the decisions we make in the present;” and “While indigenous and tribal populations (all over the world) fight for their environment, they fight for ours, as well.” The environment is after all, “All for one and one for all” (from the song “All for Love”, Sting sung with Rod Stewart and Bryan Adams for a movie version of the Three Musketeers).

El pueblo unido jamás será vencido! # nordis.net

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Labor Watch: Why there is a need to project the workers’ real issues

October 28, 2012 in columns, Featured, opinion

By LADWIN QUITASOL
www.nordis.net

“If the workers took a notion they could stop all speeding trains; every ship upon the ocean they can tie with mighty chains.”— Joe Hill

Reading the national and local newspapers, lots of press releases both by the government and the private employers fill up the pages. Most of their statements depict how good they treat the workers from the government and the private sector as well. They say that they are looking after the workers’ welfare as they see them as partners in development.

The workers are the forces of production, without them, machines in the factories will not run and the industries remain idle. And when the production line does not run, there will be no products that will squeeze profit for the capital. And when this happens, the capitalists die.

For many years, businessmen treat the workers as mere instruments of production. That whenever they like to change them, they just kick them out and replace them with new ones. Most of the time, they do not intend to even pay their workers a separation or retirement pay.

Whenever the workers complain about the poor working conditions, their boss tells them to look for another job. If they organize themselves into unions, the employers or the management will just say they are going bankrupt and have to employ cost-cutting measures and one of the remedies to save the company is to lessen the number of their employees. Worse, they may just tell the workers that they will have to close the factory and render numbers of unemployed. If workers stage a strike to defend or assert their labor rights and welfare, they are dealt with truncheons and handcuffs by state policemen under the guise of “protecting” the so-called national interests.

In the case of the miners of Lepanto in Mankayan, Benguet, they launched two successful strikes to defend their union. In the negotiations with the company they triumphantly preserved their union at the expense of losing their officers, a condition made by the company.

During and after the strike, several people and sadly some members of the media, ignorantly believe the labor unrest (as they termed it) was instigated by cause-oriented groups. And even ridiculed the organized strikers as “cost-oriented groups” insinuating that such actions like the workers strike was for folly, and that covering this people’s actions (like the strike) was an extra cost on the covering members of media.

It is sad that when the already economically straffed striking workers call for a press conference, they have to shell out the already meagre contents of their pockets just to buy refreshments for the media people they invited to help bring to light their issues or the worker’s side of the story. Even if it stems from the traditional Filipino practice of “mang sangaili” (being a gracious host) a conscientious member of media will not make fun of it.

Mining companies and other corporate managements have more than enough money to pay first class venues and pay expensive meals food their press cons and match it with giveaways, raffle draws and even treat media to outings, parties, and sports fests, expecting media write “perfumed stories” for them.

The efforts of the workers and the rest of impoverished sectors to project their issues and let the wider public know the truth thru the media is difficult. They do not own the media, they have no money. All they have is their determination to be heard.

On the other hand, it is also a challenge to striving journalists who are themselves cash strapped, under paid and without job security. # nordis.net

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Statements: A challenge to Baguio officials: Listen to Sting!

October 28, 2012 in Baguio City, environment, Featured, opinion, statements

By ABIGAIL B. ANONGOS
CORDILLERA PEOPLES ALLIANCE

“If you really want to define civilization it should be a culture that doesn’t destroy its environment. If you burn down the kitchen one day and expect to eat the next, it is not even intelligent, let alone civilized.” — STING

The Cordillera Peoples Alliance would like to thank international rock icon STING for hearing out the people of Baguio to save the remaining heritage pine trees and deciding to cancel his concert venue this December at the SM Mall of Asia in Manila. Such an act of support and solidarity is deeply appreciated and valued. His music will surely have more supporters in Baguio and the world.

While we are thankful and elated at how a person, far and away, an Englishman in New York if we may put it, can categorically make a statement and action supporting the plea of the people of Baguio, we remain highly critical of the Baguio City officials who have not done a single act of decisiveness to save the pine trees from SM Baguio’s planned mega-expansion, and save Baguio’s remaining urban ecosystem and open spaces. In the first place, they are responsible and accountable for the havoc wrought by SM, which also has a track record of violating the economic rights of its workers. At the end of the day, Baguio’s seat of government proved that SM is a favoured business in Baguio.

Let us remember that SM is owned by Henry Sy, currently the Philippines’ richest man, and reports from labor center Kilusang Mayo Uno (KMU or May First Movement) reveal Sy’s businesses employ and exploit contractual workers made to work hard and yet receive meager wages and benefits, and have no union rights to speak of. Note that under PNoy, the net wealth of US$ 37B of the richest families in the country (including Sy, Danding Cojuangco, Enrique Razon, Lucio Tan, Robert Ongpin and Andrew Tan) is already 25% of the country’s gross national income, in 2011 alone!

There is an ongoing court battle versus SM and the people of Baguio regarding the trees. By the looks of it, SM could win because what is legal may not always be just and right. But we take pride in the fact that the people of Baguio have won because they stood for what is right and just, and we pride ourselves for our history of asserting people’s rights and welfare, as in our unity and opposition to the Bulk Water Supply Project, the privatization of John Hay, the desecration of culture in the grand cañao, among others.

The City Council must know we are continuing to watch them, every move they make, if we may say. We challenge them listen to their constituents, the people of Baguio, before another concerned and famous citizen from halfway around the globe responds.

CPA iterates its thanks to Sting, and know that in Baguio City among the melting pot of activists, poets, writers and ordinary folk, your music is well-loved. We hope to reach out to you more on the equally pressing issues of the Cordillera region’s indigenous peoples, like destructive large mining, which devastates our ancestral lands and environment. # nordis.net

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Statements: Justice for the Capion family

October 28, 2012 in Featured, national, opinion, statements

By PHILIPPINE TASK FORCE FOR INDIGENOUS PEOPLES RIGHTS

We are alarmed by the latest in a series of killings of innocent indigenous peoples. On October 18, 2012, Juvy Capion and her children Pop (13 yrs old) and John (8 yrs old) were killed in an alleged raid in Barangay Bong Mal, Kiblawan, Davao del Sur. The raid was done by elements of the 27th IB Philippine Army in the house where they live.

Barangay Bong Mal is the site of the mining activities of the Sagittarius Mines, Inc. and their Anglo-Swiss partner, Xstrata. The village is where the base camp of Xstrata-SMI is installed and is included in the area targeted for an open pit mine exploration. This plan by the mining company caused discord and even chaos among the Blaan in the community. They were divided into SMI supporters and staunch anti mining activists. The family of Juvy Capion and her husband Daguil is one of the most active in the resistance against the mining of Xstrata-SMI.

Upon the entry of the mining company in Bong Mal, many human rights abuses were committed against those who resisted. The resistors endured food blockades, intimidation, harassment and vilification. Daguil Capion in fact declared a “pangayaw” against the mining company because of these. At present, he is considered both as a warrior hero by community members and as a fugitive and criminal by the military and Xstrata-SMI. He, along with other Blaan men who took part in the “pangayaw” are now charged with criminal cases.

In a recent interaction we had with Juvy and other villagers of Bong Mal, they expressed their total opposition to what SMI is doing. Upon the entry of the mining company, their community suddenly became filled with armed men from the military and private security forces. This caused a state of insecurity among the Blaan of Bong Mal and disrupted their productive activities such as working in the fields and kaingin. They believe that there will never be peace and order until SMI leaves their community. This mining company must not force themselves on Bong Mal especially since there is a loud opposition to the project. More deaths are sure to follow if the mining activities of Xstrata-SMI push through. There will not only be death by bullets but death by economic displacement and extreme hunger as the Blaan will eventually be eliminated from their ancestral domain by the mining operation.

The killing of Juvy and her children is a direct affront not only to indigenous peoples but also to rural women who play great roles in ensuring food security for their households. It is a barbarous act that must not be done in a truly democratic society. The Aquino government must take immediate and decisive action to stop the spate of extrajudicial killings of innocent and vulnerable indigenous peoples, and mete justice on the perpetrators.

All mining companies who disregard human and indigenous peoples’ rights must not be allowed to operate in ancestral domains. Likewise, units of the Armed Forces of the Philippines must not be used as investment defense forces for big corporate mining interests and must be punished for their human rights violations.

Justice for the Capion family! Pull out the 27th Infantry Battalion from Bong Mal! # nordis.net

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Weekly Reflections: Some thoughts on Theodicy (4/6)

October 28, 2012 in columns, Featured, opinion

By REV. LUNA DINGAYAN
www.nordis.net

“My God, my God, why have you abandoned me? I have cried desperately for help, but still it does not come.” — Psalms 22:1

Responses to questions of Cathryn Taylor of Australia
Fourth of six parts

Click here for the third part
Click here for the second part
Click here for the first part

5. What do you believe is the responsibility of the Western church to respond to the suffering of the world and how could this be done?

First of all, the Western church must realize that the sufferings of people in other parts of the world is also their own. It is in the spirit of unity as solidarity that the Western church can make a meaningful and significant response to the sufferings of people worldwide. In the words of Apostle Paul, the universal church is like a body with many parts (cf. I Cor. 12; Rom. 12). Each part is important. If one part suffers, the whole body suffers. The Western church is part of this whole body of Christ. To realize this, partners from Western churches must continue sending volunteers, mission interns, and people on study tour and immersion visits to communities in other parts of the world where people experience suffering.

Of course, there are many ways the Western church can express their solidarity with suffering people. For instance, we must acknowledge with deep gratitude that the Human Rights Program of our church has been carried out with the help of our partners from the Western churches. Material and financial support for the families of the victims of human rights violations have been carried out with their help. Those who been tortured and imprisoned were released due to pressures coming from partner churches all over the world.

In times of natural and human made calamities, partner churches in the West are very helpful in terms of providing relief and rehabilitation to the victims. Just recently, the Rev. Dr. Naoya Kawakami visited us in our Seminary here in Baguio City to share with us their experiences about the earthquake, tsunami, and nuclear reactor explosions in Northern Japan. As an aftermath of the said environmental crisis, they organized the Touhoku Help, an alliance of Christian churches for disaster relief. Rev. Naoya is the General Secretary of the organization.

It was raining very hard when Rev. Naoya came. We had no financial help to share with their program, but nevertheless we prayed together for the victims. As soon as Rev. Naoya left, Typhoon Gener came that flooded Metro-Manila. Then, I received an e-mail from Rev. Naoya asking what they can do to help. I knew that Northern Japan has not recovered yet from the earthquake-tsunami-nuclear radiation triple whammy. But I said to Rev. Naoya to just include us in their prayers. There are times when the only available option for us is to pray. But what is most important is that we realize we are all brothers and sisters in suffering and in hope.

I must also confess that we are able to establish our seminary here in Baguio in 1996, because of the generous help of partner churches, mostly from the West. Our Seminary was put up in response to the need of the churches for a relevant and affordable theological education for the poor churches, especially those in the indigenous communities.

We literally started from scratch; what we only had then was a vision for the church which we enthusiastically shared to partners here and abroad. For almost two years, Pearl and I had no salary at all; we had to survive with the little savings we had from our previous work. We had 35 students to teach, to feed and to shelter; but surprisingly we never starved. Literally, we lived by God’s grace. After a year, we had enough already to run the seminary. And God would oftentimes double our enrolment each year since then. # nordis.net

Click here for fifth part

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Women’s Front: IP women’s identity in socio-econ projects

October 28, 2012 in columns, Cordillera, Featured, opinion

By INNABUYOG-GABRIELA
www.nordis.net

Congratulations to Northern Dispatch Weekly or Nordis on its 10th year anniversary as a news paper and 24th year since its founding as a regional news dispatch!

The Cordillera Women’s Education Action Research Center (CWEARC) congratulates this community paper whose circulation and news coverage reaches out to the eastern coasts of the Cagayan, crosses the mountains of the Sierra Madre and heights of the Cordilleras and run through the beach towns of the Ilocos provinces. Its distinct facet of being a community paper brought the stories of grassroots organizations of indigenous peoples, farmers, youth, women, workers, urban poor and other sectors of social activism in the field of human rights and peace, development, political participation and engagements, and economic well being. It has served as a voice for grassroot and alternative development organizations who hardly find coverage in other larger, commercial papers or forms of media.

On your 10th year, we too share the celebration of the 25th year of CWEARC and with the Cordillera Innabuyog honor four veteran indigenous women leaders: Maria Galong of Save the Apayao Peoples’ Organization; Endena Cogasi of Agawa, Besao, Mountain Province; Leticia Bulaat of Dupag People’s Organization, Tabuk, Kalinga; and Petra “Tannaw” Macliing of Bontoc, Mountain Province.

This too, was our way of celebrating International Rural Women’s Day (15 October) and the World FoodLESS Day (16 October) to amplify the voices and make visible the vital role of indigenous women in food production and rural development which are hardly visible in the development plans of government at various levels.

To highlight further the role of indigenous women in both rural and urban communities in socio-economic development, CWEARC just released its publication on indigenous women’s identity in socio-economic projects. The stories presented in this publication speak of various socio-economic remedies and initiatives by indigenous women in the context of mass struggles and mobilization. The initiatives are locally-developed, built on local resources and knowledge, innovations which are in contrast to how government approaches its socio-economic development programs that usually are externally-driven, profit-oriented and do not support locally tested economic practices, therefore disempowering for most women. The socio-economic initiatives by indigenous women are also their struggles that show the inadequacy of government services to rural development and the commercialization of agriculture and natural resources, offered to corporations that control food, agriculture, mineral and energy resources.

These stories of socio-economic projects determined and pursued by indigenous women symbolize their new-found identity, potential and capacity having exercised their role in decision-making, conceptualizing, planning and actual implementation of the projects, and in determining their gains and lessons. The entire exercise is a concrete process of empowerment of building indigenous women’s confidence, leadership and analytical thinking in an organized efforts. # nordis.net

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Protecting the land for the children

October 28, 2012 in Cordillera, Errata, land rights, mining

By ALDWIN QUITASOL
www.nordis.net

“Maibus iti kuwarta, ngem saan iti daga,
ti bunga iti daga, awan ti patingga na.” — Salidummay

On January 23 of 2012, residents of Sitio Madaymen, Tabio of the municipality of Mankayan, Benguet set up a barricade with the single objective to stop the drilling operations of the Far Southeast Project (FSP) being done within their ancestral domain from proceeding.

The drilling project belonged to the Far Southeast Gold Resources Incorporated (FSGRI), a joint venture of the Lepanto Consolidated Mining Company (LCMC) and the South African mining firm Gold Fields, one of the world’s largest gold producers. Originally LCMC owned sixty percent of the FSP. Later on, the company sold forty-percent of this interest to Gold Fields and in their latest option agreement, the latter expressed interested to make it sixty percent for US $220 million after Gold Fields confirms the actual mineral reserves in the area. Therefore the ongoing drilling.

The indigenous people (IP) of Mankayan through Teeng di Mankayan filed a petition of Writ of preliminary injunction on January 27 against the FSGRI before the National Commission on Indigenous Peoples (NCIP)-Cordillera. According to the residents, the mining firm claims that it negotiated with the property owners. The people disputed this as the rest of the community was not consulted. The community then is divided as many said that the area to be drilled lies within a Kankanaey ancestral domain of Mankayan. The land is documented as under certificate of Ancestral Domain Title (CADT) No. CAR-MAN 1208-094.

Republic Act 8371 (Indigenous Peoples Rights Act of 1997, or IPRA) defines an ancestral domain as a communally-owned tract of land and resources. The Mankayan people said the FSP did not undergo the process of getting the Free Prior and Informed Consent (FPIC) of the community as provided by the IPRA. On the other hand, LCMC claims that the project does not require the consent of the residents as the Mineral Production Sharing Agreement (MPSA) was granted to them earlier in 1991 by the government when there was no IPRA law yet to require the consent of affected indigenous peoples before any project.

Formation of a peoples movement to safeguard the future

A month since the setting up of the barricade, four hundred residents gathered in the barricade site to formally pen their commitment to their common objectives, the Save the Mankayan Movement (SMM) was born. SMM aims at saving the environment and remaining natural resources of Mankayan which is now dwindling away from the many years (since 1936) of LCMC’s mining operations.

SMM members are committed not to allow anymore mining expansion projects, anymore extractive surface activities like drillings, and other form of mine exploration. According to SMM president Marlou Pablo, if they let another mine operate in the area, their children’s future will be endangered. He said the people of Mankayan have had enough destruction of their environment like the denudation of their natural communal forest brought about by more than 76 years of mining.

SMM fears that the drilling shall lead to another, maybe larger mining operations that will affect the remaining water sources of the Ips and of Mankayan at large.

Peoples’ Legal options/moves and making a bad thing

On March 9, NCIP Hearing Officer Brain Masweng ordered Indodrill Philippines, Inc. (IPI) as contracted by FSGRI to cease and desist from their drilling operations in response to the petition of Mankayan residents. The NCIP hearing officer saw it evident that the people of Mankayan will suffer grave and irreparable damage or injury and justified in the issued TRO that “It would seriously affect their social and economic activities should the on-going drilling and other related activities of the mining corporation within the ancestral lands and domain of the plaintiff if the TRO will not be issued.”

However, for unknown reasons, on April 4, Masweng reversed his March 9 order when the FSGRI filed a motion for reconsideration. In his resolution, he denied the Mankayan residents’ petition for a writ of preliminary injunction. He said that FSGRI had established its prior rights over the covered area of their Far Southeast Project pointing that the covered areas were alienated by residents to the LCMCO as early as the 1960s.

Prior rights

An MPSA was issued by the government to Lepanto in 1991, earlier than the Indigenous Peoples Rights Act of 1997 which requires a free, prior and informed consent from indigenous communities before a project like this proceeds, Masweng explained this in his resolution.

The NCIP chief also directed the respondents FSGRI and the drilling company Indodrill Philippines Inc. to file P500,000 as commitment bond to answer for any adverse environmental impact of the drilling activity.

The Mankayan IPs see the April 4 resolution of Masweng as turning his back on them. It is a “360-degree” turn from his earlier decision as residents lamented in one interview by Nordis. The residents feel they were abandoned by the government agency mandated to look after their rights as IPs.

However, the Masweng decision did not douse the determination of SMM nor that of the rest of the residents of Mankayan. They vowed not to give up the barricade until FSRGI pulls out its drilling and other mining equipment and leave the area. They said they will go on with the struggle to stop the drilling as they have never given their consent to them, and they vowed to stand up and protect their ancestral domain.

Intensifying the fight, taking the struggle to a higher level

During the decentralized celebration of the 28th Cordillera Day held in the barricade area itself, Pablo and the rest of the SMM, along with thousands of Mankayan residents, and thousands of Cordi Day delegates trooped to the gate of LCMC to air their demand for a stop to the mining company’s operations, and its pull out from the municipality.

The IPs of Mankayan expressed their being fed up by what they described as the more than seven decades of LCMC’s wreaking havoc on the environment of Mankayan denying the children of enjoying the fruits of the land.

In front of the LCMCs manager and lawyer, Pablo pointed out that the IPs of Mankayan just like their ancestors have lived peacefully without corporate mining. He stressed that since time immemorial, they benefited from the vegetables and other crops the land provided them.

In the same occasion, Mankayan residents stormed the military detachment of the 50th Infantry Battalion of the Philippine Army shouting for its pull out. They condemned the continuous human rights violations committed by the soldiers against the people of the municipality and nearby places. They demand justice for “Isabel” and “Katrina”, both teenagers allegedly raped by Army Captain Danilo Lalin of the 86th Infantry Division of the Armed Forces of the Philippines (AFP). They shouted at the gates of the detachment for the immediate pull-out of the soldiers from Mankayan.

Suing the residents and their dead relatives

On May 9, LCMC filed a criminal case against 123 barricaders on the basis of a provision of RA 7942 or the Philippine Mining Act of 1995 which allegedly criminalizes and sanctions an illegal obstruction to mine permitees or contractors. It was filed at the Mankayan Municipal Trial Court (MTC) under the sala of Judge Jonathan Segundo.

During a dialogue held at the Ben Palispis hall of the Benguet Provincial capitol, FSRGI lawyer Atty. Omar Evangelista apologized after the residents revealed that included in the list of people sued by the company are dead relatives and one is even paralyzed and did never go to the barricade site. Months after, the number of sued Mankayan residents decreased to 97.

The battle goes on with the state forces on the side of the bigger one

A day after observing their 6th “monthsary” on July 23, around 180 members of the Save the Mankayan Movement (SMM) and residents of Madaymen, Tabio of this municipality stood their ground against the demolition of their barricade by workers of the LCMC escorted by more than 300 fully armed joint forces of the Philippine National Police (PNP), the 50th IB and security guards of LCMC.

According to Pablo, LCMC Vice President for operations of the Lepanto Mine Division (LMD) Ventotino Masendo accompanied by some staff of the Commission on Human Rights – Cordillera Administrative Region (CHR-CAR), and representatives of the National Commission on Indigenous Peoples (NCIP-CAR) with some armed escorts arrived at past 7:00 in the morning at the site. Pablo said when they learned that there will be a demolition that day, they gathered all the residents to guard the barricade.

Pablo was quoted in one of his Nordis interviews saying : “We approached many government agencies to ask for help but they favored the company. We saw which side the NCIP took. If it is always going to be like this, from what government should we ask for assistance?”

On September 17 at 6:00 AM, more than 100 members of PNP in Benguet led by Regional Deputy Intelligence head Supt. Chief Glenn Lonogan and Supt. Darnell Dulnuan escorted nine provincial sheriffs and employees of the LCMC to demolish the barricade line of members of the SMM and supportive residents.

According to Pablo, he was informed that the company personnel will put up fences around the perimeter of the drilling site after clearing out their barricade. He said that that nine court sheriffs were there to serve the Writ of Preliminary Injunction issued by Regional Trial Court Branch 64 Presiding Judge Agapito Laoagan allowing LCMC to fence the area

The sheriffs and the community elders had a short negotiation meeting but failed to stymie the protesters who remained in their positions. Also present were CHR-Cordillera Administrative Region (CHR-CAR) Director Harold Kub-aron and representatives from the NCIP.

The residents barricaded and blocked the entrance from the road by linking arms and parking their vehicles behind their lines. The police pushed the barricaders with their shields.

During the commotion, the police nabbed SMM Vice-President Tony Ugalde and detained him at the Benguet Provincial Jail. He was released after posting a bail of P12,000.

Weeks after that, representative of the mining companies called for an attendance of the residents of Tabio to a consultation. The people walked-out as they saw the company people did not comprehend or respect their demand for no more drilling, and an absolute stop to other mining operations in their area. In other consultations in other areas of Mankayan, the people also expressed and showed their outright opposition to any mining operations or expansions.

Recently, the NCIP confirmed they denied the Mankayan people’s, the indigenous cultural communities’ demand for an FPIC process reiterating their position that the (1960) issued MPSA as prior rights over the ICC rights as provided for by the IPRA. SMM understood the NCIP position as a show of its true colors and a betrayal of their mandate.

In the struggle of the Mankayan people against the further destruction of their land, they saw how the people of the government favored the big monied players over the indigenous peoples’ right to their ancestral land and domains. They witnessed the readiness of the members of the PNP and the AFP to take orders from their higher-ups to safeguard the interests of the big corporate mines over the inherent rights of ordinary indigenous peoples and their wider communities. They also have realized that they cannot be defeated by truncheons, shields and even guns as long as their resolve and determination remains united and solid behind the defense of the children’s future, the land and resources.

As one of the elders in the barricade said earlier, “uray maidasay ti bangkay ko iti panagipakitak nu kas-anok nga isakit ti masakbayan dagiti aannak mi, dakami lallakay ken babbaket ti mangirugi ket mangamung dagiti ubbing a mangituloy ti laban” (even if my lifeless body be laid to show how I care for the future of our children, we elders start the struggle, and its up to the children to continue with the fight).# nordis.net

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No single solution to Baguio’s garbage problem

October 28, 2012 in Baguio City, environment, Featured, social concerns

By DELIA BAGNI
www.nordis.net

Trash slide!

On August 27, 2011, the retaining wall of the Irisan dumpsite of Baguio City collapsed causing an avalanche of garbage sweep down to Asin Road, Tuba, Benguet. This killed 6 people and destroyed 3 houses and properties costing millions making it one of the most terrible disasters that has befallen the summer capital.

Baguio City government officials blamed the trash slide to the incessant rains brought by Typhoon Mina. According to reports, the amount of rainwater absorbed by the dump loosened the pile and added weight to the garbage mountain causing it to bear down.

People who resided just below the dumpsite had evacuated the area. Asin Road, where the bulk of the trash slide landed was closed for weeks, isolating the communities below. The nearby residents with only some shovels responded immediately to the rescue, recovery and initial clearing operations. It was on the second day that the barangay officers and the City Disaster and Coordinating Council (CDCC) with some heavy equipment went to the scene and built a temporary path on top of the heaps of stinking garbage breaking the isolation of the communities below.

The Baguio City health office on the other hand could but give anti-tetanus vaccines as added protection to the volunteers in the initial debris clearing work.

The residents of Asin and nearby barangays who had for more than a decade called for the stop of the use of the dumpsite renewed their, this time angry demand for its closure. Even as early as 2009 piles of trash were already seen spilling over the retaining wall especially when it rained. The residents of Irisan, Asin road Villages, and Tadiangan village even reported various ailments believed to have benn caused by the polluted air and emitted smoke from the dumpsite since 1970.

Eschirichia-coli

The findings of a the study conducted by University of the Philippines (UP) Professor Ofelia Giron in 1995 to 1996 show that effluents from the garbage contaminated the water source with Eschirichia-coli and methane gas and made the natural spring waters not fit for human consumption.

The residents even called for the Department of Environment and Natural Resources (DENR) to conduct inspection of their water sources and the surrounding area of the dumpsite in 2005. More than Two thousand people signed their petition to close down the dumpsite.

Sadly it looks like the Baguio City government waited for the garbage to pile up 30 feet high until the big trash slide.

Chair of the Senate Committee on Climate Change Loren Legarda visited the dumpsite a week after . She called on the City government to fully implement R.A 9003 of 2001. Legarda was reported to have suggested to Baguio City Mayor Mauricio G. Domogan to close the dumpsite and convert it into a park instead.

A case filed

Residents of barangay Tadiangan, Tuba decided to sue the City Government of Baguio for the damage caused by the slide in the municipality. They also decried the neglect of the city to the past complaints of Tuba in 1990 on the contamination of their underground water source. They attributed this to the Baguio garbage dump. The garbage effluents specially during rainy season seeps to the creeks downhill flowing to their water sources.

Tuba filed criminal, administrative, civil cases and a Writ of Kalikasan against Baguio city government before the Supreme Court. Benguet Congressman Ronald Cosalan, National Artist Benjamin Cabrera and other personalities and residents of Tuba were among the complainants.

A Writ of Kalikasan

On January 17, 2012, the Supreme Court issued a Writ of kalikasan with a Temporary Environmental Protection Order (TEPO) against the City Government of Baguio and its officials to stop the use of the dumpsite. Then on August 10, 2012, the SC also issued the consent decree to permanently close the Irisan Dumpsite as a garbage facility or even as a termporary staging point for the garbage to be hauled out of the city due to petitions and several organized protest actions taken by the residents and nearby barangays.

Public concern and discipline

During the time of Mayor Braulio Yaranon in 2005, high piles of uncollected waste were seen along the city streets because of the city’ strict implementation of the “No Segregation No Collection” Policy. He stood firm on the policy for each household to separate the biodegradable from non-biodegradable wastes before it is collected.

Garbage in plastic bags from the residences are brought to a designated area along the road for pick-up by the City’s garbage trucks. If the garbage collector sees that the garbage in the bag is not segregated it is left behind for the barangay to take care of. In many cases, the pile is left uncollected for several days.

The piling filthy eyesore and foul smell was thought to convince erring residents to segregate their garbage properly to facilitate disposal by the garbage collectors. It was not so, several barangay officers instead complained to the media about the uncollected garbage that opportunists took on as an issue to drum up blame on Yaranon.

Meanwhile, the city mobilized its environment office and general services to a citywide campaign for the proper disposition of garbage. It also appealed to the national leadership for an extension for the use of the city dumpsite while it searched for another area for the facility because national law had ordered the closure of all open dumpsites in line with international environmental conventions and standards.

By then Yaranon was suspended over a controversial case against the Jadewell parking company. His succesor, Mayor Rey Bautista and other local government units all over the country were warned by the DENR to stop the operations of their open dump sites. The garbage problem of the city became worse. Wastes were not totally collected in all areas of the city. The people were complaining of the stink along the roads. Bautista then was forced to order the collection of all the uncollected garbage.

The city’s garbage was then hauled to Tarlac province. The city council also implemented Ordinance 94-2008 that provided P15 million for the rehabilitation of the Irisan open dump.

Buying trash machines

In 2010, the city government headed by Domogan purchased two units of Environmental Recycling System (ERS) machines worth 128 million pesos and struck an agreement with ProTech Machinery Corporation (Pro Tech) on the disposition of residual waste. The machines were said to convert biodegradable waste to organic fertilizers. They were installed at the Irisan dumpsite.

The Protech ERS required the allocation of space within the 5.2-hectare dump that can be utilized as depository for biodegrable wastes generated in the city for at least five months to reduce the volume of trash being hauled by private truckers to Capas, Tarlac.

Part of the contract was for the company to haul waste out of the city free of charge and the city was earn P2.6 million a month or P30 million a year from the fertilizers produced by the machine. But after the slide, ProTech has not complied with its commitment to haul out the city’s residual wastes which was part of the deal on the purchase of the two ERS machines.

Because of the failure of the two ERS machines, the city re-opened the dumpsite and rebuilt the retaining walls, built like a dam to contain the trash and prevent spillage. There was no open space for the garbage liquid to seep out of the walls. Even the Department of Public Works and Highways (DPWH) who conducted a survey of the dump saw the possibility of the retaining wall’s collapse again.

Councilor Elmer Datuin proposed to city council to request Akio Shigeta, Japanese inventor of the super plasma decomposition or the Blackhole technology to present his creation to the council for a possible purchase.

The Blackhole on a demonstration was used by La Trinidad the past year. The technology was said to convert biodegradable and non-biodegradable wastes into ceramic ash. The blackhole technology breaks down the garbage without using fuel or electricity but two special magnets to generate plasma heat to transform waste into ash.

However, the expected performance of the Blackhole was not met. The proponents claimed that it can decompose 30 cubic meters of garbage or 10 tons of garbage a day but it demonstrated only about 3 or 4 tons. The Blackhole also requires many workers to manually transfer the garbage from the truck to the machine and the end-products was not decomposed or turned into ash, but was only compressed or squeezed. The proposal of Datuin was turned down and presently the city still relies on the ERS machines.

The government is still looking for an area for an Engineered Sanitary Landfill (ESL). Furthermore, negotiations is ongoing with officials of Urdaneta City, Pangasinan for the use of its ESL.

Baguio was eyeing Sitio Tabak in Ampucao despite DENR’s warning that developing a landfill in the area will contaminate the water source due to effluents seeping into the ground. Benguet Governor Nestor Fongwan, Itogon Mayor Oscar Camantiles, Ampucao village chief Eddie Amuasen and Baguio Mayor Mauricio Domogan hold the decision but the people did not allow the proposed ESL project to proceed. The people in the area also turned it down fearing the health hazards it might give the community and the damage it will cause to the environment which was already destroyed by the mining operations for many years.

Hunt for alternative

Non-government organizations as well as individuals acted on finding ways to help regreening the city which has been the cleanest city longtime ago and launched activities and forums regarding waste management and proposed alternatives at reducing wastes in the face of the city’s failed solutions and spending millions of pesos. These initiatives include:

Ayyew

Some groups proposed traditional ways to reduce waste specially for biodegradables. One is the “Ayyew” practice, people in the Cordillera region collect and reprocess leftover food and to feed to animals. Ayyew is a Cordilleran word meaning not to waste or “sayang” in Filipino.

Geraldine Cacho of the Tongtongan ti Umili-Metro Baguio (TTU-MB) proposed the practice of the “Ayyew” system be popularized. This traditionl household practice sees the maximization of wastes instead of just dumping it. Here, the unconsumed food is fed to the pigs.

A survey conducted in the city by TTU among 23 barangays noted that hog raising is a major source of income for the people. An adult pig consumes 15.8 kilos of food everyday, ten pigs consume 22,649 kilos. Multiplying the 23 barangays with the volume of consumption of each pig in a day, it will lessen garbage essentially.

Hograisers collects not only leftover foods in their neighborhood but also collect loads of vegetable trimmings and fruit peelings from the Baguio City market and even from the La Trinidad Trading Post.

Vermiculture

Next is the Vermiculture or vermicomposting. The use of a particular specie of earthworm (African nightcrawlers) to aerate the soil, and convert organic matter into compost. They work faster than our ordinary local species. Aside from the compost, vermi worms also excrete “worm tea”, a very potent liquid fertilizer for use in farms and gardens.

These vermins are more voracious and help decompose organic materials faster by digesting them and their poop called vermicast or worm cast contains rich organic nutrients which can improve the texture and fertility of soil. A healthy worm will consume up to its own weight of food a day although typically it only eats half of its body weight. Their food, organic material waste, will be processed into healthy, pathogen free, nutrient rich castings.

A lot of the stuff that usually gets thrown away in the kitchen is brilliant food for worms: vegetable peelings, carrot tops, bits and pieces from salads and virtually any other vegetable matter can be fed to these worms. The worms also feed on paper and cardboard boxes. This reduces waste, carbon footprint and recycles rubbish into a valuable product.

The worms double in population every few months. Under good conditions within a year, 1,000 worms should multiply to about 12,000 worms and within two years you could have over a million.

Ban the use of plastic bags

Third is the proposed Ordinance 26 or the “Baguio City Paper Ordinance” banning use of plastic bags. People going to market will now have to bring along rattan baskets and containers made of paper, buri and other biodegradable materials. Plastic bag sellers at the city market will also now have to shift to peddling “bayong” and other “green bags”. Establishments are also required to use biodegradable plastic bags or paper bags.

One of the barangays in the city already implemented the plastic ban. Barangay Guisad spearheaded by Barangay Captain Fredie Bayasen stopped the use of plastic bags in his jurisdiction. Residents are advised to use bayong or paper bags to carry purchased products from the stores or the market.

Punishment against violators. While in the central business district, penalties for non-complying establishments includes fines: P1,000 for the first offense, 2nd offense at P2,500 and 3rd offense at P5,000 and suspension of business permit for three months. Business Permits of habitual offenders will not be renewed.

The Ordinance 26 was passed on June 25, 2007 and has just been made effective this January.

Hopes are high that traditional ways of managing the garbage could contribute to solve the problem of the city. The millions worth of functional technology used properly could also really help reduce the garbage in the city.

The solution to the garbage problem cannot be found only in the millions of pesos the city government is spending for temporary remedies like hauling it out, and purchasing machines believed to help but later turn out useless. These can only add up to the problem. It can still be in the political will of officials to serve their constituents well and not on how to collect more kickback, it is also in the discipline of each and every member of the community to reduce waste and not to generate more. # nordis.net

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The longest wait in the urban struggle for land

October 28, 2012 in Baguio City, Featured, land rights

By ALDWIN QUITASOL
www.nordis.net

“We abuse land because we regard it as a commodity belonging to us. When we see land as a community to which we belong, we may begin to use it with love and respect.” — Aldo Leopold

Land, is so important for everybody. People from the mountain communities see the land as their mother who unselfishly provides all their needs. Settlers in the cities and urban areas look at it as part of the struggle for survival in a society where money and power is in the hands of the few elite.

People who go to the urban areas hoping for a better life leave their villages behind to escape problems such as militarization, development aggression and government neglect only to arrive and settle on empty lands thought to be either idle or abandoned. They are to be called squatters or illegal dwellers by the government. As if to lighten the discriminatory label or to be “politically correct” some call them informal settlers. For the indigenous people of the Cordillera, they maximize the use of the land.

They spend sleepless nights as the dangers of demolition threaten them. From years of developing these idle lands, they would discover that some rich people have titles over the lots where they built their homes.

For years, these informal settlers fought for the freedom to own these lands they had nurtured. They soon came to compose a battle cry “land to the actual occupants”. Of course, they respect the original owners and those who have ancestral claims, what they do not understand is why are many of the so-called claimants who claim to have titles are from the National Capital Region or other foreign lands.

This is the case of the people of San Carlos Heights of Barangay Irisan in Baguio City.

Start of the long road

It was on August 7, 1992 when the residents filed a petition with the office of the Solicitor General for the revival of an investigation of the then created 1986 special task force committee for a possible filing of a Reversion Proceedings case by the Solicitor General (Sol Gen). The said case was in pursuant to Section 101 of the Commonwealth Act No.141 against the Original Certificate of Title (OCT) Nos. 0-97; 0-13; 0-67; 0-09; 0-47 and 0-108 due to fraud and misrepresentation attendant to the issuance of said titles by the Regional Trial Court (RTC), acting as Land Registration Court.

The Land Management Bureau (LMB) then required the petitioners to submit within 39 days sworn statements of at least two disinterested persons who have personal knowledge on the land issue in San Carlos Heights. The petitioners complied with the order and filed a formal petition on November 11, 1992 alleging that they are the rightful owners of the land under OCTs 0-47 and 0-108 which were allegedly fraudulently issued through a judicial proceedings in a reopening Civil Residential Case No. 1 GLRD Record No. 211.

Then LMB Director Abelardo Palad formed a committee composed of lawyers and special land investigators to continue the investigation on the veracity of the allegation in the petition on the said OCTs which were named under Celin Sobli, et al’, and Joseph Gabol, et al respectively and its offshoot titles. The committee formally conducted hearings from January 19 to June 16, 1993.

On June 22, 1993, the counsel of the petitioners submitted formal offer of evidence. The case slept for the next four years.

Reviving the case amid demolition threats

On October 16, 1997, the case was submitted to the Regional Director of the Department of Environment and Natural Resources-Cordillera Administrative Region (DENR-CAR) for proper action by the Land Management Services.

DENR-CAR issued an order setting the case for a preliminary conference on February 24, 1998. Series of proceedings and exchanges of formal offer of evidences and motions followed. Uneasiness and worry deeply affected the petitioners as they continually received questionable demolition orders from the city government.

Through the years, the residents single clamor was for the proper resolution of this case. And that whether or not OCT 0-47 and 0-108 were fraudulently issued; whether or not the RTC, acting as Land Registration Court acted without and in excess of jurisdiction and whether or not there is valid reason to cause the cancellation of said OCT and its derivative titles be clarrified. The case was endorsed to the Sol Gen on May 31, 1998 to carry out proceedings for the cancellation.

On June 14, 2000, the Sol Gen filed a civil case numbered 4735-R at the RTC Branch 3 for annulment of Title and Reversion against Erlinda Villanueva and Jaime Villanueva, Realty Development Corporation (RDC), Corazon S. Castro, Ricardo Enriquez, Teresita Galacgac, Nicolas Zarate, Remedios Zarate Carolino, Luzviminda Anuran, Conrado Nano, Evelyn Sapuay and the Registry of Deeds (ROD) of Baguio City.

In the case filed, the Sol Gen stated the defendants have the competence to be sued and be served summons and other proceedings. The ROD of Baguio is impleaded as a nominal party and may be served summons. The Sol Gen in its prayer said that the OCTs 0-47 and 0-108 be declared null and void basing it in a memorandum report on the findings of the National Mapping and Information Authority (NAMRIA) signed by then administrator Liberato A. Manuel.

The report stated “the parcels of land covered by OCT 0-47 and 0-108 fall within the public forest of Baguio City based on map No. LC-1024 which was then certified on July 31, 1933 and in addition, the same areas fall inside the proposed Baguio Forest Reserve per Map No. FR-142 in their file.

The Sol Gen commented that OCT 0-108 was originally registered in the Baguio ROD on February 11, 1965 pursuant to decree No. 1024002 issued in LRC Civil Reservation Case No. 1, record 211 and on the otherhand, 0-47 was registered on October 11, 1960 pursuant to Decree No. N-80102. The Sol Gen said that it is clear that the parcels of land in question were part of the forest zone at the time subject titles were issued.

The prayer furthered the court to order the aforesaid defendants to surrender their respective “owners’ duplicate copies of title to the Baguio ROD and direct the latter to cancel the same as well as the originals. The Sol Gen also prayed the RTC to decree the reversion of the parcels of land covered by the said titles to the State for appropriate disposition in accordance with law and direct all defendats or any other person claiming under them to desist from exercising acts of ownership or possesion over the disputed parcels of land.

Years passed by and countless hearings and proceedings over the case were done and the residents waited for slow developments. The petitioners attended the last hearing for the 2005 on December 21 with all hopes of having a meaningful gift for the yuletide season that time. RTC Branch 3 of the First Judicial Region Judge Fernando Pamintuan ordered the counsels of the petitioners and the defendants to submit and present formal offer of evidences and no hearings will be required as it will depend on each presentation of evidence.

The cancellation

In a 21-page decision of Judge Pamintuan dated September 5, 2006, the two OCTs were declared null and void saying they were acquired fraudulently. The court then ordered the Baguio ROD to cancel the titles issued that originated from the OCTs as the subject lands are classified as forest lands.

Ninety-four Transfer of Certificates of Title (TCT) which were created under the two OCTs were also declared void. The titles cover Puroks 22, 23, 24, 25, 26 and 27 of San Carlos Heights.

That time, the affected residents organized under Lobinder treated the decision as an initial victory in acquiring the land they are occupying. This also served as a temporary relief from the threats of losing their homes and a shield from the dangers of demolition mysteriously being approved by the city officials favoring the rich so-called claimants.

Meanwhile, the defendants argued that they were “innocent purchasers” and protected by the Torrens system. This is a land registration system in which the government is the keeper of all land and title records, and a land title serves as a certificate of full, indefeasible, and valid ownership (businessdictionary.com).

According to Pamintuan, the defense of being an innocent purchaser for value of the defendants can not be sustained by the Court for the simple reason that their original root title was already defective. He also emphasized that the Torrens titles could not be used as a shield for fraud.

Not surrendering to the court decision, the defendants filed an appeal raising some issues of error by the court.

On August 15, 2012, the Court of Appeals (CA) in Manila declared the appeal as not meritorius because the RTC did not err in ruling that OCTs 0-47 and 0-108 as well as all subsequent titles derived thereto are canceled and that the subject lands be reverted to the State. They will remain as forest lands. The decision of Judge Pamintuan was affirmed.

Again this is another victory for the residents. First step perhaps in acquiring the land they occupied for decades. Another struggle is about to begin if ever the defendants will not bring the case to the Supreme Court, that is the long process of dealing with the government to award the lands to them.

Technical descriptions and legal terms are hard to understand. But the proceedings of the case let the residents know the roads and ways of the law on lands.

People’s movements born out of the land struggle

From the years of waiting and haggling, many organizations were formed among the ranks of San Carlos Heights residents. They organized themselves with hopes that from their collective actions will bear fruitful results. Some individuals however claiming that they had better ideas tried to be popular among the residents and even tried to take advantage of the problematic situation. That is a product of “money talks” system. Some claiming to be leaders also tried to insist that they can offer a better option.

From these organizations, the original concept of “land to the actual occupants” prevails. Lessons have yet to be drawn and documented so that others may learn from the rich experience of an urban people in their struggle for a piece of residential land. # nordis.net

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