Philippines
07.08.02
Urgent Interventions
Philippines: Farmers threatened with eviction
ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Case PHL 070802. ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines, a member of the OMCT network, of the situation of 16 farmers from Barangay Talomo, Sto. Tomas, Davao del Norte, threatened to be evicted on August 8 2002 from the property they are cultivating and which is contested.
According to the information received, a Notice to vacate the property was issued on July 3 2002 by Mr. Amos C. Camporedondo, Sheriff IV of the Regional Trial Court in Panabo City. This notice ordered the farmers to vacate the land voluntarily and to peacefully remove all the improvements introduced by them on the property. Farmers were given fifteen days to comply with the notice. The fifteen days having elapsed, the Sheriff is to implement the order this coming August 8 2002.
Background information
The eviction of these 16 farmers occurs against the background of a dispute over a 23.4676 hectares 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 1987, some persons arrived in the area, introducing themselves as the heirs of the landowner. During the dialogue with the farmers, these persons allegedly did not claim ownership over the land and said to the farmers that they could go on cultivating the land. Having brought a camera and a tape recorder, they took pictures of the farmers and recorded the proceeds of their meeting.
Following this visit, in March 1987, these persons submitted a petition in the name of Paulino Lopez to her Excellency President Corazon C. Aquino, for a portion of Patented land, covered by Lot no. 12, CAD-284 without title containing an area of 23.4676 hectares, corresponding to the plot of land cultivated by the farmers. On April 1994, Atty. Benjamin T. Etulle, OIC provincial Agrarian Reform Officer II, Davao Province, informed the petitioners that the parcel of land had been titled among the compulsory heirs of Paulino Lopez, on March 30 1988.
In parallel, in 1990, the petitioners filed a Civil Case no. 90-17 to 90-22 at RTC branch 4, Panabo City, for Recovery of Possession and Damages over the land occupied by the farmers. On March 31 1995, the Regional Trial Court rendered a judgement, 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, until they have vacated and surrendered the premises of the land to the plaintiffs, and to pay the cost of the suit.
The farmers came to know of this decision only when they were called by Atty. Cesar Dureza of the Public Attorney’s Office (PAO), their handling lawyer in Panabo City, who advised them to leave the area immediately, given that they were considered as squatters. Farmers were helped to file an appeal to the Court of Appeals, which rendered its decision 6 years after, 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. As mentioned above, on July 5 2002, they finally received from the Sheriff of Panabo City a Notice to vacate the land by virtue of the Writ of Execution issued on June 28, 2002.
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 would be deprived of their livelihood and face severe conditions.
Action Requested
Please write to the Filipino authorities urging them to:
i. guarantee the right to adequate housing of the 16 farmers;
ii. refrain from evicting the 16 farmers in the absence of (1) 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; (2) the provision of legal remedies or procedures to those to be affected by the eviction order, along with adequate compensation for any property, both personal and real, which is affected; (3) compliance of the eviction 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 7, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Case PHL 070802. ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines, a member of the OMCT network, of the situation of 16 farmers from Barangay Talomo, Sto. Tomas, Davao del Norte, threatened to be evicted on August 8 2002 from the property they are cultivating and which is contested.
According to the information received, a Notice to vacate the property was issued on July 3 2002 by Mr. Amos C. Camporedondo, Sheriff IV of the Regional Trial Court in Panabo City. This notice ordered the farmers to vacate the land voluntarily and to peacefully remove all the improvements introduced by them on the property. Farmers were given fifteen days to comply with the notice. The fifteen days having elapsed, the Sheriff is to implement the order this coming August 8 2002.
Background information
The eviction of these 16 farmers occurs against the background of a dispute over a 23.4676 hectares 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 1987, some persons arrived in the area, introducing themselves as the heirs of the landowner. During the dialogue with the farmers, these persons allegedly did not claim ownership over the land and said to the farmers that they could go on cultivating the land. Having brought a camera and a tape recorder, they took pictures of the farmers and recorded the proceeds of their meeting.
Following this visit, in March 1987, these persons submitted a petition in the name of Paulino Lopez to her Excellency President Corazon C. Aquino, for a portion of Patented land, covered by Lot no. 12, CAD-284 without title containing an area of 23.4676 hectares, corresponding to the plot of land cultivated by the farmers. On April 1994, Atty. Benjamin T. Etulle, OIC provincial Agrarian Reform Officer II, Davao Province, informed the petitioners that the parcel of land had been titled among the compulsory heirs of Paulino Lopez, on March 30 1988.
In parallel, in 1990, the petitioners filed a Civil Case no. 90-17 to 90-22 at RTC branch 4, Panabo City, for Recovery of Possession and Damages over the land occupied by the farmers. On March 31 1995, the Regional Trial Court rendered a judgement, 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, until they have vacated and surrendered the premises of the land to the plaintiffs, and to pay the cost of the suit.
The farmers came to know of this decision only when they were called by Atty. Cesar Dureza of the Public Attorney’s Office (PAO), their handling lawyer in Panabo City, who advised them to leave the area immediately, given that they were considered as squatters. Farmers were helped to file an appeal to the Court of Appeals, which rendered its decision 6 years after, 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. As mentioned above, on July 5 2002, they finally received from the Sheriff of Panabo City a Notice to vacate the land by virtue of the Writ of Execution issued on June 28, 2002.
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 would be deprived of their livelihood and face severe conditions.
Action Requested
Please write to the Filipino authorities urging them to:
i. guarantee the right to adequate housing of the 16 farmers;
ii. refrain from evicting the 16 farmers in the absence of (1) 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; (2) the provision of legal remedies or procedures to those to be affected by the eviction order, along with adequate compensation for any property, both personal and real, which is affected; (3) compliance of the eviction 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 7, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.