Massive landgrabbing

By Mariano Carrasco

WITH so many landless individuals around, it is surprising to know how a few wealthy individuals managed to secure titles to public lands and lands long occupied and owned by natives.

In the years 1975, 1976, and 1979, a massive landgrabbing of lands occurred at Barangay Indahag of Cagayan de Oro City involving about 500 hectares, or perhaps even more.

In 2004, the Supreme Court in G.R. No. 139588, cancelled the title of a prominent family claiming ownership of 105 hectares at Sitio Taguanao, Indahag on the ground that no survey plan approved by the Director of Lands was submitted to the court that issued the original certificate of title in 1976. This land in Taguanao has now been acquired by the actual occupants, and it is where the Convention Center is and where the Court of Appeals and the burnt Hall of Justice will be relocated.

In 1980, the City Council of Cagayan de Oro, among whose prominent councilors were Atty. Erasmo Damasing and the late Atty. Tommy Pacana, conducted an investigation and hearing on the title of a certain Valdehueza and de Castro involving 97 hectares located at Sumpong, Indahag, and which had long been occupied and claimed by farmers back in 1972. The NBI and the City Legal Officer, Atty. Erlindo Abejo, were ordered by the council to investigate. Their findings: the title is fake, and the signature of the judge thereon was forged. Valdehuesa and de Castro never appeared in the hearings of the city council. The NBI and the police could not even find them anywhere in Cagayan de Oro or anywhere. Somehow, this land was mortgaged to a bank and foreclosed. Then a prominent family hereabouts purchased the land in 1989—despite the problems and the actual presence of farmers on the land since 1972.

In 1975, another prominent family (Capistrano) was issued an original certificate of title by a CFI judge over 320 hectares that stretch from Lower Gusa up to the lower reaches of Malasag. Portions of this land or about 120 hectares has long been occupied and claimed by farmers and natives since before the war, in the 1950s and 1960s. Many of them have tax declarations and notarized deeds of sale way back during those years, and their coconut and mango trees are now about 50, 60, to 65 years old. Former Indahag barangay chairman Edilberto Lagas and six other barangay councilors (Damasing, Bete, Lumictin, Villagonzalo, Boyles, Daling) have long occupied portions way back in the 1950s. Even the former Indahag barangay captain, Carmelito Damo, had signed a VOS or voluntary offer to sell or DAR document, that certified that a certain Silverio Daguman, not Capistrano, owns the land, thus giving way to the acquisition of the land by Aniceto Daiz, one of the claimants.

Capistrano was issued a title after answering a weird petition called “Petition for Reopening of Cadastral proceedings” that was filed by the Bureau of Lands, alleging that the records of a cadastral case earlier filed by the Bureau of Lands got burned during the war. No reconstitution of the lost records was ever done. No publication took place. And at that time, the law allowing petitions for reopening of cadastral proceedings had long expired. It was an illegal petition, an illegal animal. And surprisingly, the Bureau of Lands never appealed the decision granting title to the Capistrano family on the 320 hectares. Clearly, it was a railroaded proceeding.

The Capistrano family entered into a joint venture agreement with Fil-Estate for the development of a subdivision/golf course project, with a 65-35 sharing in favor of the developer. About 200 hectares had been developed and concreted when the development and armed goons met physical resistance, protests and opposition from the Kamakawan farmers in 1995 or 20 years ago. No ejectment or civil case was ever filed by the Capistrano and developers against the farmers-natives, despite challenge. Surprisingly, and despite knowledge of the problems, the giant Alliance Global company owned by the powerful Andrew Tan group, purchased the lands three years ago. A year after, the National Housing Authority or NHA purchased 38 hectares of the Capistrano lands and has now threatened to eject the farmers without need of a court order. A clever maneuver of Alliance Global, using the NHA—in violation of the Constitution, the Civil Code and the Supreme Court decisions requiring the filing of an ejectment case before demolition and ejectment can be done. Alliance Global is the holding company of Emperador Brandy, McDonald’s franchise, Megaworld and Resorts World and casinos, and is presently the subject of a protest/boycott campaign by the farmers.

(Mariano B. Carrasco is a lawyer based in Cagayan de Oro. He was and is still is in the forefront of the legal battle in connection with the Kamakawan land dispute.)