Land tilling: An act inciting to rebellion?- SAGUPA

Press Release by
SAGUPA-SB
November 29, 2005

TACLOBAN CITY, Leyte  - Perpetrators involving elements of the 19th Infantry Batallion under the command of Lt. Adrian Luel Benedicto asserted that those innocent-civillian farmers who were unconstitutionally arrested in the bloody incident in Brgy. San Agustin, Palo, Leyte would face criminal charges before the provincial prosecutor’s office for illegal assembly and inciting to rebellion. Isn’t it illogical to file charges against these legitimate farmers when their weapons only include “bolos” and agricultural/farm implements like hand tractors?

Samahan han Gudti nga Parag-uma ha Sinirangan Bisayas (SAGUPA-SB), the regional alliance for peasants strongly condemn the brutal killings of nine farmers and seriously wounding five others, and further denounce the criminal case filed against the 16 farmers involving some Bayan Muna members.

“The 19th IB headed by Maj. Louie Dagoy should be the one to be prosecuted for illegally “planting” evidence which includes different firearms and ammunitions which they claimed they have recovered from these innocent civilians and most especially for harboring terror and the sadistic killing of the innocent farmers”, lashed Diana Ragub, Campaign and Advocacy officer of the peasant group.

Based on a fact finding mission conducted by human rights advocates, church people, militant groups, mediamen with Bayan Muna partylist Rep. Teddy Casiño on November 22, 2005, exactly a day after the massacre  happened, evidence showed that bullets were sprayed only in one direction using high powered guns like M-16 and M-203.

Roots of the massacre was a land dispute between the four farmer-beneficiaries and Pedro Margallo. The latter claimed that the 12 hectares of land occupied by these farmers is part of the property which his family owns. The said farmers had been declared as legitimate beneficiaries under the Comprehensive Agrarian Reform Program (CARP) of the Comprehensive Agrarian Reform Law (RA 6652). The Department of Agrarian Reform (DAR) reiterated its decision that Brgy. San Agustin area is covered by CARP with their organization as San Agustin Farmer Beneficiaries Multi-purpose Cooperative.

“Land dispute have triggered the November 21 Palo massacre. The presence of the military elements in the area is even questionable as they have no jurisdiction to settle agrarian disputes”, stressed Ragub. She further lamented that the idea that Pedro Margallo may have contacted the soldiers and attracted their attention by explicitly saying there are ‘armed’ groups in the vicinity of the barangay is not a remote possibility.

According to the reports gathered by Samahan han Gudti nga Parag-uma ha Sinirangan Bisayas, Executive Order 448 which dates back from the time of former president Corazon Aquino paved the way for the inclusion of all lands in Leyte Sab- a Basin Development Authority (LSBDA) to be included in the CARP- covered areas, including 24 hectares of land in Brgy. San Agustin, Palo, Leyte declared as public lands. Under the CAR Program, the declared and identified agrarian reform beneficiaries (ARBs) are Renato Dizon, tilling an area of 2.8 hectares, Rene Margallo has one hectare, Ariel Santizo has 2 hectares and Francisco Cobacha has 2.4 hectares with Bernabe Burra as his (Cobacha) successor. These farmers have served as share-tenants to Gorgonio Margallo, Cresencio Pardilla and Pedro Margallo since 1970’s and they claimed that they are giving regular rentals/shares both to Gorgonio and Pedro Margallo.

“When the lands were declared as public and disposable through the CARP, the tenants have openly expressed their desire to own the lots they have been tilling for many years now, something which Pedro and Gorgonio Margallo vehemently opposes”, said Maritess Macabuhay, Research Officer of SAGUPA-SB.

Based on records of the DARAB Case No. R- 0801- 431- 98 of “Maintenance of Peaceful Possession and/ or Reinstatement, the Dizons, the Margallos, Santizo and Cobacha have complained that their rice seedlings amounting to P10,000.00 were destroyed by Cresencio Pardilla and the sons of Pedro Margallo; that they have apparently lost 260 cavans of palay and that most of their produce were destroyed by hand tractors operated by Pardilla and the sons of Pedro Margallo.

“Thus, these farmers sought the help of Bayan Muna and other farmers to organize a ‘tiklos’ in order to abate resistance from Pedro Margallo and his sons”, said Macabuhay.

“How could tilling the land appropriated to these farmer- beneficiaries be anywhere near rebellion? How could ‘tiklos’ be an illegal assembly when it is the collective farming practice done by farmers for many years now?” lamented Macabuhay, who is part of the SAGUPA-SB team researching on the land dispute.

SAGUPA-SB, along with the survivors and the families of those killed, is demanding justice and an end to killings done by criminals clad in military uniforms.