Friday, March 28, 2008

KUNG SILA ANG MAPALAD, SINO ANG NASAWI?

Unbeknownst to the Catholic Bishops, in the midst of the embroilment between the so-called Mapalad Farmers and San Miguel Foods Inc. (SMFI) over the 144 hectares of land in Sumilao, Bukidnon, there lurk undisclosed facts and unresolved issues.


I happen to have taken hold of various documents showing how the implementation of agrarian reform was first curtailed by the Norberto Quisumbing Sr. Management and Development Corporation (NQSr-MDC), despite clear mandate of the law to have the land covered under the agrarian reform program. Thereafter, the selection of beneficiaries went haywire.


Here are the hard facts. The subject land bearing Title No. T-14371 in the name of NQSr.-MDC had already been placed under the agrarian reform coverage way back January 31, 1990 by the Municipal Agrarian Reform Officer of Sumilao, Bukidnon, the late Maximo N. Valmores, Sr. A Notice of Compulsory Acquisition of the 144 hectares was served to NQSr.-MDC on October 25, 1991 informing the said landowner that the distribution of the land to qualified farmer beneficiaries has commenced.


Meanwhile, DAR administrative machinery had already screened and qualified a group of farm workers from Del Monte Philippines Inc. (DMPI). The land, which was then leased to DMPI for 10 years, had been planted with pineapples. Hence, the actual tillers of the land were the pineapple plantation workers who toiled in making the subject landholding productive.


In order to prevent the pineapple workers from taking over as owners of the land, NQSr-MDC was able to secure an Order from the DAR Adjudication Board (DARAB) restraining coverage of the land under the agrarian reform program on the ground that the company had yet to finish its contract with DMPI.


In order to further prevent the Del Monte farm workers, who already formed a cooperative, from taking ownership of the land, NQSr-MDC formed its own puppet cooperative, albeit unregistered, named San Vicente Agrarian Reform Cooperative.


However, sensing that it could still evade the agrarian coverage, NQSr-MDC applied for conversion of the land into an agro-industrial zone. It was a clever act to exempt the land from agrarian coverage. Such chicanery of NQSr-MDC caught the ire of San Vicente Agrarian Reform Cooperative, now known to all as the Mapalad farmers, who became the main adversary of NQSr-MDC. NQSr-MDC did not know then that its own creation, with the support of local and foreign NGOs, would turn into a monstrous beast that would gore its own maker.


Meanwhile, the application for conversion of NQSr-MDC was disapproved by then DAR Secretary Ernesto Garilao, he being an ally of some NGOs supporting the Mapalad farmers. The disapproval was later challenged before the Office of the Executive Secretary, where it was reversed.


Upon review of the Office of the President through the prodding of the media, then President Ramos arrived at his so called “win-win formula”, giving 44 hectares to NQSr-MDC and 100 hectares to the Mapalad farmers. This scheme flopped and was thrown into oblivion.


The dispute silently toned down and for several years no clamor could be heard. Surreptitiously, NQSr-MDC sold the landholding to San Miguel Foods Inc.


The clamor of the Mapalad farmers has taken a new life. They marched to Manila decrying that the land is now ready for coverage by virtue of the Supreme Court decision. They went to big institutions in Metro Manila such as Ateneo de Manila University for support and pitched a tent in front of DAR Central Office in Quezon City.


Media played up the outcry of Mapalad farmers but did not disclose the hard facts, among others, that these farmers are not the true tillers of the land. There were prior bona fide tillers who, for ten long years, worked on the land and planted it with pineapples. These true tillers, Del Monte farm workers, had been “sidelined”, so to speak.


It was not also disclosed by DAR that the first priority in the selection of beneficiaries are the tillers and not mere residents of the barangay or municipality where the land is situated. It was even learned that many members of the Mapalad farmers do not reside in Sumilao, Bukidnon.


So, the issue now is: who has superior rights as beneficiaries over the 144 hectares of land in Sumilao, Bukidnon? Since the subject land is not burdened with tenancy, aren’t the next most qualified beneficiaries the regular farmworkers who cultivated the land?


Besides, upon cursory reading of the Comprehensive Agrarian Reform Law, being a resident of the same barangay or municipality would not be an unbridled license to being an agrarian beneficiary. The law has given superior rights to the actual tillers in keeping with the dictum “land to the tillers”, from where the spirit of CARP was derived.


In the end, the unfinished story of the 144 hectares of agricultural land in Sumilao, Bukidnon portrays the desperate acts of a family corporation that adamantly held on to its land at the cost of negating the thrust of the government. Poignant but a reality like the story of Hacienda Luisita.


It is also an unfinished story of the erroneous implementation of the CARP in the distribution of the land to those who truly deserve to be awarded. This merits a long second look as hundreds of people may fall victim to the wrong application of the agrarian law. In the end, the Mapalad farmers may be found to be just mere “second rate trying hard copycats” of the true tillers of the land.

Tuesday, March 18, 2008

INTO THE PAWS OF THE PANDA BEAR

The Joint Marine Seismic Undertaking (JMSU), has been concluded as a multilateral agreement, albeit without the consent of Congress, between our country, China and Vietnam. It has since raised questions that involve international relations. Has our sovereignty been breached? What will happen if we abrogate the agreement, will China go to war against us? If we insist on holding on to Spratlys, will we in the end be under the subjugation of China, the fast rising hegemon in Asia?


As a country, we have long been under the control of other colonizers. For more than a hundred years, we have been influenced by the United States of America, also known to us (depends on where you stand) as the benevolent Uncle Sam or a fierce bald eagle that has snatched us with its talons.


In high school some thirty years ago, so many questions had bothered me involving the U.S. We have treated the U.S. as a big brother who allegedly fought with us toe to toe during the Second World War. So we defeated Japan but why is Japan more prosperous now? We revere Gen. McArthur for returning to our country after he chickened out in Corregidor. Did McArthur really love us when history would reveal that the first person he killed is a Filipino Guerilla, a patriot for us during the Filipino-American War? Why did my lola tell me that the Americans during the war were so cruel, killing all the animals including dogs and cats on their island in order to starve the inhabitants and leaving every town with so much stench of the decaying carcass? Isn’t the U.S. our benefactor who even taught us how to read and write in their own language?


The reality has revealed itself. The Philippines is such a small, poor country that we were bullied by bigger countries and we could do nothing about it. The Americans never cared. They wanted us as a “punch” in Asia, a launching pad for their bombs against China and Vietnam during the cold war. Its domination makes us a sure market for their “stateside” products and a cheap source of labor for their multinational corporations.


Yet, these days another story is taking place. The hegemony of China over Asia has now become a stark reality while the power of the U.S. has plummeted together with its dollars. As they say “God made the Earth but all the rest are made in China”.


Now, the question is, if we have the option, with whom do we side, China or the United States?


The U.S. has taken so much advantage of us and its vestiges of exploitation have indelibly remained not only in our surroundings but in our veins. It has raped our economy and their soldiers have literally feasted on the flesh of our women.


But look at China. It has for so long slowly crept into our country’s economy and social life. Its people have dominated our institutions, including businesses and even politics. Once considered outcasts in our country, now the Chinese have become part of us and our families have intermarriages with Chinamen and women.


Mainland China has opened trade relations with us despite our open exchange and negotiations with Taiwan. Yet, either in trading, such as the ZTE deal, or in an international agreement, our administration does not seem to know its way.


At the time when we have started setting a favorable atmosphere for diplomatic relations with China involving our resources, our President, the lucky bitch, had to bungle it. She ignored protocols and undermined the powers of Congress.


Nevertheless, in the bigger picture, the choice of which side to take does not rest on us. It is the more powerful country that decides. But my bet is on China, which may be symbolized by a panda bear. It is better to hug a bear than to always be in the claws of a lousy bald eagle.

Wednesday, March 12, 2008

TAXATION: THE STATE’S POWER TO DESTROY


It is amusing to hear City Treasurer Lino Daral acting as a messenger of doom for the city when he declared that the city will be losing 50 million pesos due to the accreditation of Del Monte under the umbrella of the Philippine Economic Zone Authority (PEZA). The council took a ride on the ominous declarations of Daral and made 180 degree turn. It then passed a resolution defying the tax exemptions granted to eco-zone facilities.


But who really cares? Does Lino Daral really care? Are the city folks really bothered by the situation? Nobody seems to respond to such a call to support our city to earn more revenue except Licayan and his cohorts kowtowing to Mayor Tinnex.


True enough, if we look closely into our national as well as the local tax system, we would know it is a reflection of the values of those in power. Our tax system is heavily influenced by our politicians and our people are left always in a quandary why they are imposed with so much tax burdens and yet, no substantial projects come back to them.


When it comes to projects, how are our taxes being utilized? A cursory look at the ZTE deal through the testimonies of various witnesses at the Senate gives us a glimpse of where our taxes go. It showed that about 2/3 of our taxes is pocketed by our politicians through high handed methods.


The scheme is not difficult to understand. The government would enter into an agreement to implement a project, the payment of which would be borrowed from a financial entity. The project will be priced so highly, say at $360,000,000, like the ZTE deal, the true project cost of which is only $130,000,000. Meaning, $230,000,000 will go to the pockets of the politicians and their conspirators while we end up paying the loan and its interests through our taxes.


Our city is a miniature example and even a travesty of the big deals in the national government. So many times, Zaldy Ocon would broadcast over the radio on how the city would borrow money to buy very expensive lands, a big chunk of the money borrowed would go to the pockets of our local leaders. Then we pay Development Bank of the Philippines (DBP) from where we borrowed the money through our local taxes. Such happened to our “piso-piso” projects in Calaanan and some other parts of the city which were declared to be anomalous, irregular and violative of the graft and corrupt practices act by the COA Special Audit Team.


Our local leaders also borrowed hundreds of millions from Land Bank for the construction of a public market in Bulua which was also found to have been grossly overpriced together with the road in Taguanao and a bridge near the desecrated Huluga Heritage Site. We and our children will be paying for such loans through our taxes. Deep inside, we know where the bigger portions of the money went.


Curiously, interviews with some executives in Del Monte revealed that the taxes they are paying yearly is less than 50 million pesos. How could our city lose 50 million when the company will not stop paying taxes other than those exempted through the PEZA?


The PEZA was designed to industrialize the country, for more jobs and expansion of capital investments. Instead of paying direct taxes, the PEZA accredited company is supposed to share 5% of its income, 2% of which will go directly to the local government. Simply said, if Del Monte will earn more profits this year, it will share 2% of its profits which may spell out millions of pesos for Cagayan de Oro. How then could the city lose?


There is a need for Lino Daral and some of our Kagawads to revisit the noble intentions of PEZA law before jumping into conclusions.


When the city council took back its endorsement through the Kagawads, did this resolution invalidate the PEZA accreditation granted by no less than the President of the Republic herself?
Isn’t this accreditation a fait accompli or an accomplished fact and therefore, irreversible?


In the end, more taxes for the city or less, we the citizens end up the losers just the same. So, who really cares? At the rate the BIR is filing cases on the alleged violations of taxpayers, taxation is now considered a power to destroy and not a manner of redistribution of our wealth. Duh!

Monday, March 3, 2008

MARY... UMMM! THAT IS GOOD!

While the Bishops in Manila are preoccupied with egging everyone to break the culture of corruption, here in Cagayan de Oro, Rodelsa Hall of Liceo de Cagayan University has been abuzz over the staging of a show for lent – Jesus Christ: Superstar. Thus, for an hour or two, I disabused my mind from too much politics and started assuming unto myself the sacredness of the coming Passion and Cross.


Jesus Christ: Superstar staged by the locals, mostly students and employees of Liceo de Cagayan University, is an adaptation of a rock opera of the same title by Tim Rice and Andrew Lloyd Webber. Judas Iscariot, however, took center stage not only as the betrayer of Jesus but as one who tried so hard to understand their situation in such a milieu.


The portrayal of the role of Mary Magdalene, by one whose name is that of our Muslim sisters, Princess Aline Nonieh Zorayda Improso, is almost world-class and comparable to, if not better than, those trained in Manila.


After viewing the show, I felt Cagayan de Oro is giving birth to something so important, something “significant” and something that our community should not ignore. Most of the shows staged in Cagayan de Oro that may be considered “significant” have always been undertaken by foreign or Manila artists.


The last time I saw a Broadway musical performed here in Cagayan de Oro by the locals was an interpretation of CATS more than thirty years ago. It was presented at an audio-visual room by college students of Xavier University. Lately, I was told Xavier was a venue for an ethnic cultural play entitled “Ming” written by a playwright from Mindanao State University.


Culture here in Cagayan de Oro has been virtually dormant, if not dying. It had been totally disregarded and only our educational institutions are trying to promote those which may be considered worthy of presenting.


Liceo de Cagayan is inevitably doing a service to the city as the city itself has not looked into the promotion of our culture or the preservation of our heritage, except recently, when the Honorable Tinnex dissolved the group supposed to be incharge of preserving our culture. They were found to be an additional yet unproductive expense for our debt-ridden city. Now, I was told the new mayor is looking seriously into old issues that affect our heritage. Way to go Tinnex!



To all the cast of Jesus Christ: Superstar and its Director and the entire Liceo de Cagayan University family who are giving their share to the city’s culture – bravo!