Saturday, June 27, 2015

Farmers press raps vs AFP

From the Manila Standard Today (Jun 28): Farmers press raps vs AFP
 
PALAYAN CITY— Some 200 farmers from five barangays in this city and neighboring Cabanatuan are not about to wish outgoing Armed Forces of the Philippines (AFP) chief of staff, Gen. Gregorio Pio Catapang Jr. a warm send-off as he retires from the military service next month.

The farmers want Catapang’s retirement benefits withheld pending the resolution of a class suit filed against him and two other military officers for allegedly grabbing portions of their farmlands two years ago.

Catapang, who will reach the mandatory retirement age of 56 on July 11, has been making farewell calls to troops this week. He said he just wants to have some rest after his 38-year military career.

Fourteen of the protesting farmers are the petitioners in a civil case for forcible entry against Catapang and Lieutenant Colonels Benito Doniego Jr. and Alfredo Patarata.

A petition for review of the case has been filed by them before the Court of Appeals.

At the time the suit was filed, Catapang - of Philippine Military Academy class 1981 -  was a major general of the Philippine Army and commanding general of the 7th Infantry Division stationed at the Fort Magsaysay Military Reservation here.

The 14 are Julius Bautista, Carmelita Manayan, Rufino Flores, Garvacio Aregando and Arsenio Laranang of Barangay Caballero; Florentina Juan, Bienvenido Baldemor, Elizalde Estigoy, Julio Diaz and Wenceslao Bautista, all of Barangay Ganaderia; Carmelita Valmote of Barangay Caimito, Jose Ginnodela Merced of Barangay Manacnac, all of this city; Dalisay Gadian of Barangay Bangad and Gideon Acosta of Barangay Kapitan Pepe, both of Cabanatuan City.

They faced the media on Thursday night to press for justice in connection with the case.

The petitioners are tilling a 200-hectare farmland in Caballero and Ganaderia for at least 10 years, with other farmers claiming a longer period.

The Department of Environment and Natural Resources (DENR) described the farmlands, a titled property owned by the city government, as a “patrimonial property” or a registered property in the name of the Republic.

Laranang, a retired sergeant, said he has been tilling his three-hectare land since 1984 when he was still a private first class. He took the place of original petitioner Florentina Juan who was already deceased.

Paulo Bautista, 79, who is not a petitioner in the case but is one of the affected farmers, said that they have been tilling their land for at least 78 years, dating back to the time of his father Primitivo and grandfather Basilio.

He showed newsmen a receipt of tax payments for the land made in 1937.

“Bagosana mag-retire si General Catapang, huwag niya kaming kakalimutan (Hopefully before he retires, General Catapang won’t forget us),” he said.

Others, who sought anonymity, said they want President Aquino to temporarily withhold Catapang’s retirement benefits until the suit has been resolved with finality.

Catapang and the other respondents said the subject farmlands form part of the military reservation and that the AFP, through the Army has long been in legal and physical possession de jure of the entire expanse.

He claimed the Army has been occupying and possessing the subject property as far back as 1955 when then-President Ramon Magsaysay issued Presidential Proclamation 237 reserving the area for military purposes and withdrawing them from sale or settlement.

The proclamation was amended on March 13,2006 when then-President Gloria Macapagal-Arroyo issued Presidential Proclamation 1033 including the 200 hectares among the areas reserved for the off-base housing site for Army soldiers.

Court records showed that sometime in March 2013, Doniego and Patarata - on orders of Catapang and assisted by armed soldiers from Fort Magsaysay - entered their farmlands “by means of threat and intimidation and  without any authority from the Department of Agrarian Reform and the courts” prevented the farmers from possessing and cultivating these lands.

The petitioners claimed that Doniego initially told them that they were putting up a detachment of the paramilitary group Civilian Armed Forces Geographical Unit (CAFGU) supposedly to guard the forests.

Later, however, Doniego told them they would be ejected “whether they liked it or not.”Afterwards, they claimed their farmlands were flattened with the use of bulldozers.

The petitioning farmers then filed a civil case for forcible entry before the municipal trial court in cities (MTCC) which ruled in their favor in a decision issued on October 8,2013.

The case was elevated to the Palayan City Regional Trial Court (RTC) Branch 40 which reversed the MTCC decision in its ruling on December 9,2014.

The farmers assailed the decision and filed a motion for reconsideration but their counsel, Feliciano Buenaventura, suffered an ailment and later withdrew for health reasons.

Later, they filed a petition for review with the Court of Appeals.

In their review petition, the petitioners said the RTC gravely erred in reversing and setting aside the MTCC decision and in ruling on the basis of issues relating to ownership, land registration and recovery of possession instead of forcible entry.

It said that the court also erred in ordering the petitioners to vacate the farmlands in spite of the fact that this relief was not prayed for by the respondents.

http://manilastandardtoday.com/2015/06/28/farmers-press-raps-vs-afp/

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