of conversion through the filing of an Opposition/Objection
dated on 8 March 2010 with the Center for Land Use Policy,
Planning and Implementation (CLUPPI).
on the Decision of the Court of Appeals was likewise filed
before the Supreme Court (SC) but was again denied by the
SC in its resolution dated 25 March 2015.
With the assistance of Balay Alternative Legal Advocates for
Development in Mindanaw, Inc. (BALAOD Mindanaw), PAMA
filed an urgent Motion to Enforce the Cease and Desist Order
before the Office of then DAR Secretary Virgillo De Los Reyes
on 19 July 2010, enjoining Jukens Builders and Trade to stop
developing the subject landholdings.
Thus, the issue on tenancy was finally resolved – the PAMA
shall not be considered as de jure tenants in the subject
landholdings. Despite this, the PAMA persisted to claim its
members’ rights over their land under the CARP as they
applied as agrarian reform beneficiaries (ARBs) for the land
with the assistance of the DAR office in Cagayan de Oro City.
After almost two years, DAR issued an NOC covering the
subject landholdings on 15 December 2012. In retaliation,
Juken Builders and Trade hired security guards on 23 June
2011 to defend its landholding developments. These guards
were instructed to harass the PAMA and their families. These
incidents prompted the farmers through DAR Provincial
Office, to request for assistance from the PNP-Cagayan
de Oro City. On 27 April 2012, the residence of Alejandro
Responte, the leader of the PAMA, was showered with
bullets by unidentified men. Fortunately, no one was hurt.
On 9 November 2017, in a dialogue between DAR and the
PAMA, the DAR Central Office committed to facilitate the
resolution of the cases of the PAMA lodged with the DAR.
On 17 November 2017, the DAR certified the particular case
of the PAMA ADM case no. A01’02-X0222-1039 or “Protest
for CARP Coverage and Application for Land Use Conversion
Order, entitled Celestino G. Navarro et. al./Jukens Builders
and Trade represented by Joselito Talaid VS PAMA
represented by Mr. Alejandro Responte et. al” as a flashpoint
case deserving speedy resolution due to the threat to life
and limb against of the PAMA.
On 13 September 2012, the DAR Adjudication Board
(DARAB) promulgated the Decision in DARAB Case No.
16067, (Reg. Case No. X (06) 2041) that the PAMA shall not
be considered as de jure tenants in the subject landholdings.
A Motion for Reconsideration was filed but subsequently
denied. Thereafter, the Decision was raised to the Court of
Appeals through a Petition for Review on the Decision of
the DARAB dated 15 December 2014. A Petition for Review
Currently, the PAMA occupies only four of the 18 hectares of
their claimed land. They continue to sustain their alliances
with BALAOD Mindanaw, the Archdiocese of Cagayan de Oro,
the City Peace and Order Council, and the DAR Provincial
and City Offices. They are being supported by the ANGOC
and the People’s Campaign for Agrarian Reform Network,
Inc. (AR Now!) in the national level. n
Source:
Balay Alternative Legal Advocates for Development in Mindanaw, Inc. (2017). Continued struggle of farmers towards justice
and land tenure security: A case brief of Pagatpat Farmers Association VS Jukens Builders and Trade. Cagayan de Oro,
Misamis Oriental, Philippines. [Unpublished case brief for the Joint Action for Land Rights].
THE UNGPs AND LAND GOVERNANCE IN THE PHILIPPINES
Introduction of UNGPs in the Philippines
On 25 March 2014, key stakeholders from business,
civil society, and government came together in a
forum titled “Business and Human Rights: Introducing
the UN Guiding Principles of the Ruggie Framework as
a Tool for Risk Management.”
The main objective was to introduce the UNGPs
and how these can be implemented and realized
in practical terms. Participants from the business
sector expressed their willingness to implement and
incorporate UNGPs in their business policies and
practices and even agreed to look at the principle of
4
extra-territoriality. More dialogues and consultations
were planned towards finding a common ground on
some issues, such as, the negative effects of mining or
illegal logging. During this event, the German Hanns
Seidel Foundation (HSF) expressed its support for the
development of a Philippine National Action Plan on
Business and Human Rights (HSF, 2014).
The Forum was followed by a resolution of the
European Parliament to the Philippines on 8 June
2016 to ensure effective implementation of all core
international conventions relating to human and labor
rights. The resolution called for continuing progress
in the promotion of human rights – including the