Philippines
12.08.02
Urgent Interventions
Philippines: attempt to evict 17 farmers
ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
PHL 070802.1 ESCRC
Follow-up to Case PHL 070802 ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Philippines.
New Information
The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines, a member of the OMCT network, of the attempted eviction, along with destruction of property, of 17 farmers and six extended families living in Barangay Talomo, Sto. Tomas, Davao del Norte that took place on August 8 2002.
It is reported that in the early morning of August 8 2002, seventeen family-members of farmers living on a contested property in Barangay Talomo, along with their neighbours and supporters, including other farmer’s organizations and assisting NGOs positioned themselves behind barricades, awaiting a demolition team supposed to execute a Notice to vacate the property issued on July 3 2002 by Mr. Amos C. Camporedondo, Sheriff IV of the Regional Trial Court in Panabo City.
According to the information received, at about 10 am, a convoy of nine vehicles (2 Mazda trucks, 3 Ford Fiesta jeeps, 1 pick-up truck, 1 Police car, 1 L300 van and single motors) with about 200 persons arrived in the area. The convoy was headed by Sheriff Camporedondo and included members of the Philippine National police (PNP) accompanied by the Chief of Police, civilians and security guards hired by the Lopez family (supposed landowner of the contested land), and alleged members of the military who were not wearing their uniforms.
It is reported that negotiation talks were held between Sheriff Camporedondo and the farmers. The latter argued that the legal process had not been properly observed in their case, as no copy of the court decision that motivated the order to vacate had been sent to them and only one claimant received a copy of the notice to vacate. Despite these arguments, it is reported that the Sheriff refused to hear them and insisted that his job was to execute the demolition order. According to the information received and during lunch break at 12:30 pm and before the negotiations had been consummated, the Sheriff asked the farmers who were eating if they had taken their decision and were willing to leave. Following the negative answer of the farmers, who had not reached a collective agreement and were still waiting for their Municipal Mayor, Sheriff Camporedondo allegedly declared “since you are resolute not to leave, then let’s start the game”. After this statement, it is reported that he together with the civilian members of the team, whose faces were covered with bonnets and t-shirts, started to spray tear gas on the farmers. About 22 persons, including children between 2 and 13 year-old were allegedly affected by the tear gas, experienced vomiting, severe irritation and redness of the eyes, which resulted in fear and trauma.
According to the information received, immediately after the spraying of the tear gas, Sheriff Camporedondo and his team started ransacking and destroying the makeshift tent under which the farmers were eating and threw out everything including food and utensils. These events occurred under the eyes of the PNP that did not try to interfere. Then, the demolition team proceeded to the rice fields to survey them and put up fences.
It is reported that at about 1 pm, the Municipal Mayor arrived and that another round of negotiation took place between the representatives of the Lopez family and the farmers and their supporters. The following agreements were allegedly reached during the negotiation:
1. The farmers will be given fifteen days to relocate their houses;
2. The farmers can still harvest crops within the prescribed period, except rice;
3. The Lopez family will submit to the Barangay Captain the names of the security guards that will be assigned in the area;
4. A relocation site is provided on the bunks of the irrigation canals of NIA within the Barangay;
5. No person is allowed to go out or go inside the contested area after 10 pm.
On August 9 2002, at about 10 am, the farmers reported to the Barangay Captain that the security guards had already demolished one house, despite the agreement reached during the negotiation.
Reminder of the situation
The eviction of these farmers occurs against the background of a dispute over 23’4676 hectares of land, which landless farmers occupied in 1972. According to the information received and farmers’ allegations, the area was at that time a forested and uncultivated agricultural land, and it had not come to mind that somebody could have owned it, it being an infertile plot of land.
In March 1987, a petition was submitted to her Excellency President Corazon C. Aquino by the heirs of Paulino Lopez, alleging that the property cultivated by the farmers was covered with a Homestead Patent under the Department of Environment and Natural Resources in the name of their father. As a result, the parcel of land was titled among the heirs of Paulino Lopez, on March 30, 1988.
In parallel, in 1990, the petitioners filed a Civil Case for Recovery of Possession and Damages over the land occupied by the farmers. On March 31, 1995, the Regional Trial Court judgement of the case was rendered, ordering the farmers to immediately surrender the possession of the land to the plaintiffs and to pay 1,500 pesos per hectare occupied per annum from 1987 onwards.
When the farmers finally came to know of this decision, they were helped to file an appeal to the Court of Appeals, which rendered its decision 6 years later, on September 26, 2001. The Court of Appeals confirmed the decision of the lower court, but the farmers were not informed of the decision and not given any copy of the court order. On July 5, 2002, they finally received from Camporedondo Sheriff a Notice to vacate the land. Farmers were given fifteen days, which elapsed on August 8 2002, to comply with the notice.
According to interviews conducted with 5 of the farmers, all of them can hardly eat meat every month, or eat meat once in a three months period. Moreover, after the harvest season, as they have no more income, they have to struggle to earn a living in order to feed their children. By losing their land, these farmers are deprived of their livelihood and face severe conditions.
Action Requested
Please write to the Filipino authorities urging them to:
guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a competent and impartial civil tribunal and apply the penal, civil and/or administrative sanctions provided by law;
i. guarantee the right to adequate housing of the 17 farmers;
ii. refrain from evicting the 17 farmers in the absence of an exploration of all feasible alternatives in consultation with the affected persons, with a view of avoiding, or at least minimizing, the need to use force; or in the absence of the provision of legal remedies or procedures to those who are affected by this eviction order, along with adequate compensation for any property, both personal and real, which is affected; or if the eviction does not comply with the relevant provisions of international human rights law and in accordance with the general principles of reasonableness and proportionality;
iii. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights.
Addresses
Her Excellency Gloria Macapagal-Arroyo, President of the Philippines, Malacañang Palace, JP Laurel Street, San Miguel, Manila 1005, Fax: +632 736 1010, 733-2107, Email: pgma@compass.com.ph or opnet@ops.gov.ph
Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Manila 1004, Fax: +632 521 1614
Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
Please also write to the embassies of Philippines in your respective country
Geneva, August 12, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
PHL 070802.1 ESCRC
Follow-up to Case PHL 070802 ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Philippines.
New Information
The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines, a member of the OMCT network, of the attempted eviction, along with destruction of property, of 17 farmers and six extended families living in Barangay Talomo, Sto. Tomas, Davao del Norte that took place on August 8 2002.
It is reported that in the early morning of August 8 2002, seventeen family-members of farmers living on a contested property in Barangay Talomo, along with their neighbours and supporters, including other farmer’s organizations and assisting NGOs positioned themselves behind barricades, awaiting a demolition team supposed to execute a Notice to vacate the property issued on July 3 2002 by Mr. Amos C. Camporedondo, Sheriff IV of the Regional Trial Court in Panabo City.
According to the information received, at about 10 am, a convoy of nine vehicles (2 Mazda trucks, 3 Ford Fiesta jeeps, 1 pick-up truck, 1 Police car, 1 L300 van and single motors) with about 200 persons arrived in the area. The convoy was headed by Sheriff Camporedondo and included members of the Philippine National police (PNP) accompanied by the Chief of Police, civilians and security guards hired by the Lopez family (supposed landowner of the contested land), and alleged members of the military who were not wearing their uniforms.
It is reported that negotiation talks were held between Sheriff Camporedondo and the farmers. The latter argued that the legal process had not been properly observed in their case, as no copy of the court decision that motivated the order to vacate had been sent to them and only one claimant received a copy of the notice to vacate. Despite these arguments, it is reported that the Sheriff refused to hear them and insisted that his job was to execute the demolition order. According to the information received and during lunch break at 12:30 pm and before the negotiations had been consummated, the Sheriff asked the farmers who were eating if they had taken their decision and were willing to leave. Following the negative answer of the farmers, who had not reached a collective agreement and were still waiting for their Municipal Mayor, Sheriff Camporedondo allegedly declared “since you are resolute not to leave, then let’s start the game”. After this statement, it is reported that he together with the civilian members of the team, whose faces were covered with bonnets and t-shirts, started to spray tear gas on the farmers. About 22 persons, including children between 2 and 13 year-old were allegedly affected by the tear gas, experienced vomiting, severe irritation and redness of the eyes, which resulted in fear and trauma.
According to the information received, immediately after the spraying of the tear gas, Sheriff Camporedondo and his team started ransacking and destroying the makeshift tent under which the farmers were eating and threw out everything including food and utensils. These events occurred under the eyes of the PNP that did not try to interfere. Then, the demolition team proceeded to the rice fields to survey them and put up fences.
It is reported that at about 1 pm, the Municipal Mayor arrived and that another round of negotiation took place between the representatives of the Lopez family and the farmers and their supporters. The following agreements were allegedly reached during the negotiation:
1. The farmers will be given fifteen days to relocate their houses;
2. The farmers can still harvest crops within the prescribed period, except rice;
3. The Lopez family will submit to the Barangay Captain the names of the security guards that will be assigned in the area;
4. A relocation site is provided on the bunks of the irrigation canals of NIA within the Barangay;
5. No person is allowed to go out or go inside the contested area after 10 pm.
On August 9 2002, at about 10 am, the farmers reported to the Barangay Captain that the security guards had already demolished one house, despite the agreement reached during the negotiation.
Reminder of the situation
The eviction of these farmers occurs against the background of a dispute over 23’4676 hectares of land, which landless farmers occupied in 1972. According to the information received and farmers’ allegations, the area was at that time a forested and uncultivated agricultural land, and it had not come to mind that somebody could have owned it, it being an infertile plot of land.
In March 1987, a petition was submitted to her Excellency President Corazon C. Aquino by the heirs of Paulino Lopez, alleging that the property cultivated by the farmers was covered with a Homestead Patent under the Department of Environment and Natural Resources in the name of their father. As a result, the parcel of land was titled among the heirs of Paulino Lopez, on March 30, 1988.
In parallel, in 1990, the petitioners filed a Civil Case for Recovery of Possession and Damages over the land occupied by the farmers. On March 31, 1995, the Regional Trial Court judgement of the case was rendered, ordering the farmers to immediately surrender the possession of the land to the plaintiffs and to pay 1,500 pesos per hectare occupied per annum from 1987 onwards.
When the farmers finally came to know of this decision, they were helped to file an appeal to the Court of Appeals, which rendered its decision 6 years later, on September 26, 2001. The Court of Appeals confirmed the decision of the lower court, but the farmers were not informed of the decision and not given any copy of the court order. On July 5, 2002, they finally received from Camporedondo Sheriff a Notice to vacate the land. Farmers were given fifteen days, which elapsed on August 8 2002, to comply with the notice.
According to interviews conducted with 5 of the farmers, all of them can hardly eat meat every month, or eat meat once in a three months period. Moreover, after the harvest season, as they have no more income, they have to struggle to earn a living in order to feed their children. By losing their land, these farmers are deprived of their livelihood and face severe conditions.
Action Requested
Please write to the Filipino authorities urging them to:
guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a competent and impartial civil tribunal and apply the penal, civil and/or administrative sanctions provided by law;
i. guarantee the right to adequate housing of the 17 farmers;
ii. refrain from evicting the 17 farmers in the absence of an exploration of all feasible alternatives in consultation with the affected persons, with a view of avoiding, or at least minimizing, the need to use force; or in the absence of the provision of legal remedies or procedures to those who are affected by this eviction order, along with adequate compensation for any property, both personal and real, which is affected; or if the eviction does not comply with the relevant provisions of international human rights law and in accordance with the general principles of reasonableness and proportionality;
iii. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights.
Addresses
Her Excellency Gloria Macapagal-Arroyo, President of the Philippines, Malacañang Palace, JP Laurel Street, San Miguel, Manila 1005, Fax: +632 736 1010, 733-2107, Email: pgma@compass.com.ph or opnet@ops.gov.ph
Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Manila 1004, Fax: +632 521 1614
Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
Please also write to the embassies of Philippines in your respective country
Geneva, August 12, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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