Negros Land Tilled, Land Occupied – a new and refreshing experience!

 by Negros ESCR Documentation Team

Waking up early morning from a makeshift hut/tent in the middle of the eighty-one hectare hacienda bought almost three (3) years ago by the controversial Legacy owner Celso de los Angeles from the original land owner, Kagawad Eddie, as he is fondly known in his barangay, was still groping for words to describe his feelings after almost six months has passed from the time three [3] farmers associations decided to form Paghiliusa sang mga Mamumugon kag Mangunguma sa Barangay Napoles kag Busay [PAMMANABU] and determined for themselves to occupy a portion of the hacienda after the management failed to comply with its promises with them.

But few minutes after, when the other members of the association started to group themselves in their regular mass meeting in an area - just a few steps away from his hut – Kagawad Eddie’s face brightens knowing that it will be another challenging day for him and the rest of the 220 members in the “tent city” for they will be advancing again in the occupation of the farmlands from 5.8 hectares last December 2008 to almost 50 hectares at present.

Sadol, Pala, Piko, Suyod, Espading, Guna, Arado, Karabaw - Farm tools/implements now being readied, the PAMMANABU members - with their heads held high, banners and flags leading the way - started marching towards the direction of the area they decided to further occupy. Kagawad Eddie knew the task ahead will not be an easy one but experiences and lessons learned for the past months strengthened their conviction that fighting for your right to own the land you till – whatever may be the cost - will free them from decades of hunger and poverty.

A simple life is all they dreamed of ...

Just like any other laborer in the hacienda, Kagawad Eddie has got only simple wishes… he only wants to see his children and the rest of the children in his barangay having food on their table during meal time, be able go to school without thinking of dropping-out because their parent could even barely feed them 3 times a day and, a house they can call their own where they can sleep soundly and not be afraid of getting wet during rainy days... But what can he do, most of his co-workers were receiving way below the minimum wage, which dates back ever since their grandparents and parents started working in the hacienda almost five decades ago. Thus, it’s a common sight in the hacienda where parents and children are seen working side by side under the scorching heat of the sun.

According to the PAMMANABU members, the former owner – Araneta Hermanos Resource Corporation or AHRC implemented the contractual and “Pakyaw” system wherein farm workers used to receive only P100.00 for a day’s work instead of the P208.00/day for non-plantation workers under the DOLE Wage Order #17.

The association further added that before they took over the hacienda, the rates given by the management for “PAG-AABONO” [applying fertilizer] is P600.00/hectare and has to be performed by 20 farm workers in two hours using the tool “tagad”; the “PAGDADAMO” [weeding] is paid P1,800.00/hectare and has to be done by six farm workers in three days; “PAGTANIM NG TUBO” [sugar cane planting] is paid P350.00 per “laksa“ [consisting of 10,000 cane points] and have to be finished by two farm workers in two days, including cleaning the “patdan” [sugar cane points]; “PAG-AARARO” [plowing] is being paid P2.00/way or P200.00/hectare – it will be P600.00/hectare if a 3 way plowing is undertaken. The amount paid for the performance of all these collective tasks shall be divided among the farmworkers participating in that particular job.

Based on the above-mentioned wage formula by the management, most of the AHRC farm workers cannot even buy their basic needs and oftentimes, had to resort to “pangutang” [securing loans] either in the nearby stores or from the management to which they are forced to agree to the usurious interest rates imposed by the lender. Others were compelled to send their children to work as house helpers or will have to wake up very early in the morning to line-up [“arima”] for work in nearby haciendas. This cycle of indebtedness continues and further worsens their already deplorable condition that no matter how hard they sweat it out under the sun, life would only become more miserable for them.

Also notable is the non-remittance of their contribution – also among the deductions from their wages - to the Social Security System [SSS] and the non-payment of their Social Amelioration Bonus, which, under the law, shall be paid after every crop year.

A gleam of hope once again thwarted

According to Kagawad Eddie and the members of PAMMANABU, the land problem in their hacienda worsened when Legacy owner Celso de los Angeles bought the CARP of the total 578.761 hectares of AHRC under the barangays of Napoles, Busay and Calumanggan in the City of Bago, Negros Occidental.

Last 1994, the farm workers started their petition to place the landholdings of AHRC under the CARP but only Lot 745 with an area of 98.3523 hectares and covered by TCT No. 12995 was placed under its coverage. Subsequently, in 1996 the farm workers organized a group called SAMCO [Solar Alternative Multi-purpose Cooperative] with 45 members and registered itself with the DAR as beneficiaries and last 2005, the AHRC with 84 of its members also went to the DAR and have also registered as among its beneficiaries. But per experience by most CARP beneficiaries in the country, the distribution of CLOA’s and the installation of the beneficiaries of AHRC walked at snail pace such that when the beneficiaries held a dialogue with the DAR Negros officials last October 6, 2008 – they were told that even the Certificate of Valuation [COV], which is one of the important components of the program, has yet to reach the Land Bank.

While waiting for the results of the CARP program in the hacienda, the 92 farm workers who were already frustrated on how slow things are going decided to file a case at the DOLE office for their wage differential. This prompted the land owner to negotiate with the 57 farm workers and told them that they will have their money if they sign a waiver relinquishing their right to pursue their case at the DOLE. Of the 57, only 35 signed the waiver and later realized that they were deceived by the management because when the money was given – what they got was a measly P300.00 each. On the other hand, those who did not sign were no longer permitted to work inside the hacienda, hence, were forced to file cases for Illegal Dismissal at the NLRC office. Consequently, the NLRC ruled in favor of the workers ordering the management to pay the 19 farm workers P171,000.00 each but, as of this writing, 14 complainants were yet to be paid.

Unknown to the farm workers, AHRC sold almost 160 hectares of its contested properties to Nation Bank owned by Celso de los Angeles for P60,000,000.00. Of the 160 hectares, only 17.6332 hectares were awarded by DAR to the beneficiaries who were also told by the DAR that the remaining 80.7191 hectares will still be subjected for “segregation, reconveyance and subsequent acquisition” without explaining what it meant. This further aggravated the existing labor and land problem in the hacienda and to make matters worst, Celso de los Angeles made a dialogue with existing farm workers associations and agreed to sign a Memorandum Of Agreement [MOA] that he claims will benefit the farm workers. Unfortunately, he only signed the MOA with the favored management association and did not anymore bother to talk to the other associations. Thus, with the end in view of protecting their collective rights and interests, the three (3) farm workers associations decided to join hands and merge to what is now called the PAMMANABU.

Now stronger and more determined to fight for what is right, the PAMMANABU officials initiated a dialogue with the new management – they waited for a formal and serious dialogue but nothing happened. Subsequently, afterseries of meetings with its members and with the help of KMP organizers, PAMMANABU decided to take over a portion of the sugarcane farm land. Their primary reason – it’s better to die fighting than die in hunger.

The big event unfolded

At the break of dawn on 2 December 2008, around 100 farm workers trooped to the contested 81 hectares land, took possession, occupied and started tilling the 5.8 hectares property of Celso de los Angeles. But for lack of experience and being first timers – the action lasted only for a day.

But as the saying goes, try and try until your succeed. This became the guiding principle of PAMMANABU. Accordingly, on December 22, 2008, they again moved in and took control part of the hacienda and stayed in the area until January 2, 2009. Building makeshift tents, the farm workers celebrated Christmas and New Year’s Day in the middle of the rice fields. That was their first taste of what they call freedom from fear.

Each day is working day for all members. After the regular mass meeting, each member proceeds to his own area of assignment, be it plowing, weeding, cutting grass or helping others make their makeshift huts/tents – practically with everyone having something to do everyday...a departure from the normally cyclical life of a farmer whose focus is practicallycentered on the land he tills.

From a mere 5.8 hectares which PAMMANABU’s initially occupied and possess, at present, it extended to more than 50 hectares of land planted with palay and still expanding.

What is most promising in their action is that, nearby hacienda workers, either who visited or heard the success story of PAMMANABU started to imitate the said actions in their areas and also succeeded – among them are the cases of NIPALAS [Nipa Labor Association] and MOJAFALAS [Modesto Jalandoni Farmers and Laborers Association]. In northern Negros, LTO [land take-over] now becomes a by-word among the militant farmers and farm workers and they have with them now 773 hectares of land to till as their own.

Since the start of the land take-over of PAMMANABU, various leaders and members of people’s organizations assisted, directly or indirectly, in the struggle of the farm workers and farmers. Their experiences became a challenge, especially to the other sectoral organizations, which witnessed how PAMMANABU members and its officers gained their strength through their collective efforts. While they are aware that it’s not yet a total victory – they knew that for as long as they are united, victory for them is just around the corner.