mechanisms to address grievances from individuals
and communities who may be impacted adversely by
the company’s operations.
The UNGPs set out a list of effectiveness criteria
for State- or business-based non-judicial grievance
mechanisms. These criteria stipulate that effective
grievance mechanisms should be legitimate,
accessible, predictable, equitable, transparent, and
rights-compatible. Simply put, they must provide
genuine remedies for the victims of human rights
violations by companies and must not amount to
communications or political exercises.
Box 1: The Struggle for Agrarian Justice of the Pagatpat Asosasyong Mansasaka (PAMA)
B
arangay Pagatpat is one of 80 barangays in Cagayan
de Oro, Misamis Oriental on the north-central part
of the city, with a large river (Iponan River) located at the
north-east. Barangay Pagatpat used to be an agricultural
community with major crops of corn, banana, rice, coconut,
and papaya. At present, many of the agricultural lands
have been reclassified into residential lands to cope with
the fast-growing population of the city. Barangay Pagatpat
has been identified by the City Government as one of its
relocation sites. Recently, a housing project of 1,000 houses
was constructed by the city government to cater to informal
settlers living in the city.
The reclassification of agricultural lands to residential lands
has affected the farm areas of the Pagatpat Asosasyong
Mansasaka (PAMA). Since 1980, members of the PAMA have
been the actual tillers of five parcels of agricultural land
with a total size of 18.6949 hectares, under peaceful and
consensual arrangements with the now deceased landowner
Amelia G. Navarro. On 9 February 1991, Ms. Navarro passed
away and the same landowner-farmer relationship continued
with the landowner’s sole heir, Mr. Celestino Navarro, and
his subsequent heirs Ms. Karen Alician Rineheart and Ms.
Aubrey Alicia Rineheart who reside in the United States of
America.
The peace was disturbed in 2007 when Jukens Builders and
Trade bulldozed the farmlands of the PAMA to make way
for socialized housing. Total damage was estimated at PhP
1,000,000. Jukens Builders and Trade is owned by Joselito
Talaid, Mayor of Kadinglan, Bukidnon. Mr. Talaid claimed
that the landholdings of the PAMA were sold to him by
Ms. Karen Alicia Rineheart and Ms. Aubrey Alicia Rineheart
in 2008. In the following years, Jukens Builders and Trade
continued to seize the land claimed by the PAMA. Today, only
four hectares remain with the association.
On 29 November 2007, PAMA filed a declaration of Tenancy,
Peaceful Possession, Security of Tenure, Damages, and
issuance of Temporary Restraining Order (TRO) against
Jukens Builders and Trade as represented by Joselito J. Talaid.
On 21 January 2008, the DAR provincial officer of Misamis
Oriental issued a Notice of Coverage (NOC) to the heirs of
Amelia G. Navarro placing the entire landholding under
Comprehensive Agrarian Reform Program (CARP) coverage.
Subsequently on 6 February 2008, PAMA filed with DAR
a complaint for illegal, premature, and unauthorized
conversion against Jukens Builders and Trade for having
developed a housing project even without the required
conversion order from the Department of Agrarian Reform
(DAR).
By this time, the Jukens Builders and Trade had already
constructed a fence around the landholding. A guard house
and gate marked protrude the entrance of the landholding
with a conspicuous sign which read: FATIMA WEST PLAIN
SUBDIVISION. Paved roads had also been constructed on the
PAMA farmlands where laborers continued to cut down the
remaining fruit-bearing trees.
The subsequent investigation by the DAR Provincial Office
of Misamis Oriental found ongoing developments in the
area without prior DAR clearance. As a result, the Regional
Director John M. Maruhom issued a Cease and Desist Order
(CDO) against Jukens Builders and Trade on 7 July 2008 to
prevent further destruction of the land.
Initially, Jukens Builders and Trade failed to comply with the
DAR order, forcing the DAR Region 10 office to enlist the help
of the Philippine National Police (PNP) Regional Command
to impose the CDO (dated 13 November 2008); thus, forcing
Jukens Builders and Trade to stop operations for seven
days. However, on 27 February 2009, the newly-appointed
Acting DAR Regional Director issued an order lifting the CDO;
thus, allowing Jukens Builders and Trade to continue the
destruction of the agricultural lands.
Upon learning of the lifting of the CDO, PAMA filed a Motion
for Reconsideration with the Acting DAR 10 Regional Director
on 19 March 2009. After almost one year (22 February 2010),
the Acting DAR Regional Director issued a resolution denying
the Motion for Reconsideration and affirming the lifting of
the CDO.
The PAMA farmers wrote a letter (dated 9 February 2010)
asking the DAR Region 10 Office to effect an NOC and
to distribute the subject lands to farmer-beneficiaries.
Immediately after hearing the bid of the PAMA, Juken
Builders and Trade applied for the Land Use Conversion of
the subject lands from agricultural to residential with the
DAR on 10 February 2010. PAMA opposed the application
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