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Posted on Monday, April 25, 2005

 

Border dispute leaves Dumagats in quandary

By Fritz Dacpano, Researcher 

(First of two parts) 

A DEAD chicken hung on the fence of the Dumagat chieftain Alberto Ramos one late afternoon in Sitio Karahume. The sitio is one of the communities in the tribe’s ancestral domain that are caught in a land dispute between the municipality of Rodriguez, Rizal, and San Jose del Monte City, Bulacan. Ramos feared the chicken presaged his own death.

“Sabi po nila, yung mga nakakaintindi, eh yun po ay isang babala na maaaring may mangyari sa iyo, kung baga, ‘ganito ang gagawin ko sa iyo’ [Those who understood the omen interpreted it as a warning for me. It was telling me, ‘This is what I will do to you’],” he said.

“[There are no shootouts in these parts, only kidnappings. The shootouts happen in Sitio Balagbag],” Ramos continued.

Within just two years two former barangay captains, Onesa and Oliveros, have been kidnapped and murdered. Two others recently abducted were Vir­gilio Vargas and Ogie Estanislao. They were never found.

Ramos said he did not know the murderers, but he had strong suspicions that land dispute was the motive for the crimes.

“The abductions are rooted in land disputes. Many people are interested in the land. The others may be allowing themselves to be used or are being used by prominent people. We know that someone important is responsible here, but we lack evidence on who is behind the abductions,” added Ramos.

The land in question is the 1,817 hectares given to the Dumagat tribe by the Philippine government in February 2004. The ancestral domain sits between the provinces of Bulacan and Rizal.

However, a large portion within Bulacan’s borders is being claimed by the municipal government of Rodriguez (formerly Montalban), Rizal. Illegal settlers and organizations also live in the area.

Sitio Karahume is one of the communities in the Duma­gats’ ancestral domain that are in dispute.

Aware that violence is viewed as a form of aggressive negotiation in Karahume and other sitios in the uplands, Ramos and his fellow tribesmen took part in a “Marksmanship and Defensive Tactics Orientation Training” given by the Philippine National Police in January 2005.

“We were trained so we could defend our land. We have been treated this way because they know that we have no knowledge of arms training. That is why we were taught how to take apart and reassemble an M-16. We are fed up with the harassment against us,” he said.

Ramos underwent arms training a year after the Dumagats living near the Bulacan-Rizal border received from the National Commission on Indigenous People a certificate of ancestral domain title covering more than 18 million square meters. The certificate meant that the Dumagats could live freely on that land.

Intrusion

Since the Commonwealth period under President Manuel L. Quezon, the Dumagats have settled in the forests as one of the indigenous tribes in Central Luzon and the Southern Tagalog region, thriving on kaingin, or slash-and-burn agriculture. Their name is taken from the words gubat (forest) and hubad (naked).

For years they moved from one forest to another to survive, but always came back to Karahume and the nearby villages for their home.

But everything changed when the late businessman Vicente Puyat of Manila Brickworks Inc. came to set up business in the area. In no time red brick structures of the Puyat ranch replaced the thick forest cover. The ranch was set up to raise cattle.

“Puyat bulldozed the mango trees that grew beside every hut,” said Marcelino San Jose, a former Dumagat chieftain.

Armed men followed suit, hired by Manila Brickworks to guard the ranch. 

According to San Jose, many of the indigenous settlers who were unwilling to pay P700 for three hectares of land were driven away. Thus, nearly half of the Dumagats in the area were forced to move to the hills near the Puyat property.

San Jose said his elders decided to leave Karahume because they could not afford to pay the P700 and they feared the armed men.

“They [the elders] don’t want trouble. Men armed with armalites patrolled the area,” he said in Tagalog. “The elders were scattered and the children were forced to leave to avoid violence.”

Eventually, the cattle ranch that displaced the Dumagat tribe suffered losses, driving the Puyat family to venture into pineapple farming and poutry-raising.

The new agribusiness also failed, the family running up heavy losses.

Manila Brickworks was forced to sign an agreement with Camella & Palmera Homes in 1995 to pursue a housing and development project.

Philip Yambao, a representative of the National Commission on Indigenous People and a Dumagat, said the commission is trying to trace the land titles owing to reports that the Puyat family has pawned the entire ranch to the defunct Capitol Bank for development by Palmera Homes, both owned by Sen. Manuel Villar.

Yambao and the Dumagat leaders speculated that the Central Bank holds the land titles after Capitol Bank closed down.

“If the lands will be possessed by the Central Bank, where will we go?” San Jose asked. “We have nowhere to go but farther toward the higher areas.”

He expressed fears that the Central Bank might take away the land they occupy or sell it to someone else.

“It is only now that Karahume is coming to the fore,” San Jose said.

Insecurity

Although the Dumagats were given the right to develop, control and manage the lands under the certificate of ancestral domain title (CADT), the feeling of insecurity persists.

“We still face many problems such as the ones about the Indigenous People’s Rights Act. We wonder why we have lands but do not feel secure,” said San Jose.

The CADT, dated February 18, 2004, and signed by Chair Reuben Dasay A. Lingating of the National Commission on Indigenous People, granted the ancestral domain to the Dumagats in Norzagaray and San Jose del Monte City, Bulacan, and Montalban (Rodriguez), Rizal.

Under the Indigenous People’s Rights Act, an indigenous tribe is granted an ancestral domain as part of recognizing, protecting and promoting its rights to preserve its cultural community.

The title, however, was signed three months before the presidential election in May 2004, raising suspicions that politics was behind the issuance.

Although the area under the CADT is a collective, communal property, and so “shall not be sold, disposed or destroyed,” the title might not give the security promised by the law after all. 

Encroachment

As the search goes on for the documents to verify the legitimacy of the Puyat ownership, the jurisdictional claim of the municipality of Rodriguez on some parts of the ancestral domain and San Jose del Monte City is muddling the issue further.

Karahume, according to some officials of Rodriguez, belongs to their municipality. They base their claim on a land title of a certain Jose Garcia that covers some areas in the sitio and on the record of tax payments made by his heirs to Rodriguez.

Ramos recalled how the group of Mayor Pedro Cuerpo of Rodriguez, accompanied by men in military uniform, arrived one day and claimed the ancestral domain to be a titled land owned by the heirs of Garcia.

Danilo Santos, a member of the team that visited Karahume, confirmed the legitimacy of the Rodriguez claim. “We claim only parts that belong to Montalban [Rodriguez] because titled lots such as in Karahume were registered in the municipality,” he said.

Ramos, however, insists that Karahume is well within the bounds of the ancestral domain based on the CADT.

He stressed that his tribe recognizes Mayor Angelito Sarmiento of San Jose del Monte City as its political leader, not Cuerpo.

Checkpoints

Ramos and the other Dumagats are perturbed by a checkpoint set up in Sitio Licao-Licao, which they believe is part of the ancestral domain despite its location in Barangay Macabud, Rodriguez, Rizal. Mayor Cuerpo is also building roads in the area leading to Mount Balagbag.

“At times a Dumagat passing through the land is suddenly stopped at the checkpoint,” Ramos said.

A map from the National Mapping and Resource Information Authority (Namria) shows that Sitios Karahume, Inuman and Balagbag going toward Mount Balagbag are remote from the Rizal boundary line.

Despite this proof, Cuerpo’s men are collecting fees at the checkpoint. No payment and registration at the Montalban municipal building means no entry for the residents.

Thus, every person who goes up Mount Balagbag from the Licao-Licao checkpoint and who lives in the sitio is asked to pay P500 as “tagging” fee. The fee is for a tag or sticker indicating that the passerby is a legitimate resident.

Every resident is also asked to pay an additional P8,000, P3,000 for the survey of the land occupied by the resident; P5,000 for setting up the boundaries of the surveyed lots.

“Why do they have to make us pay?” asked a Balagbag resident, who gave the information about the fees. He complained that they did not have enough money for food, yet they were forced to pay fees to a mayor who they believe was overstepping his power.

Santos, also officer in charge of the checkpoint at Rodriguez, said the checkpoint was set up to ward off illegal settlers who are going to Mount Balagbag, at the foot of which lie Karahume, Inuman and Balagbag.

He said war veterans under the Camarin-Bagong Silang or “Cambasi” group have been illegally selling lands to people at Mount Balagbag. The Cambasi group is claiming 849 hectares called “5211” in the area, a portion of which is under the CADT. Santos said about 500 buyers have been victimized.

Besides the war veterans, Santos said most of the illegal settlers are in fact well-off. Some of them are seamen, teachers and employees of the National Police Commission, Department of Public Works and Highways and the Commission on Audit.

“The Cambasi has arms. There have been killings. In one day 10 houses are being built,” said Yambao. “The Cambasi has already settled there, so it won’t be easy to make the group leave. The Cambasi will fight for it.”

Gentleman’s agreement

Despite the absence of a formal agreement between the provinces of Bulacan and Rizal over the boundary dispute, the Rodriguez municipal government took it upon itself to set up the checkpoint, screen the settlers and collect fees the ancestral domain.

Rep. Eduardo Roquero, the mayor of San Jose del Monte City before Sarmiento took office, said the status quo has to be maintained based on a gentleman’s agreement with Cuerpo, while recognizing the problem of the Dumagats and squatting in the area.

“The last agreement was that the status quo should be respected,” Roquero said of his previous meeting with Cuerpo. This meant that the disputed area, which he estimated at 400 hectares, was to be protected.

Municipal officers of Rodriguez insist that the boundary lines drawn in NAMRIA’s map are not reliable. “[The boundary] in NAMRIA’s map is not official. The map is only for the use of forest rangers,” Santos said.

He noted that Mayor Cuerpo and Representative Roquero, then-mayor of San Jose del Monte City, agreed to put up P500,000 each to enable NAMRIA to conduct a joint survey of the border. “The provincial governments didn’t want to move; that’s why the two local governments acted on it.”

But the survey hit a snag and did not push through as planned.

“NAMRIA made a ‘shortcut’ in its survey,” Santos said. “That is why Montalban [Rodriguez] is questioning the map. It doesn’t want to accept the boundary based on NAMRIA survey.”

He pointed out that the task of following up the joint survey was not turned over smoothly by the previous to the present city administration of San Jose del Monte. “We are back to zero,” Santos said.

He said the Rodriguez municipal government has always adhered to “due process” through public hearings.

“We have due process. We have put up streamers announcing public hearings and requiring all structures to be registered. All collections of fees are backed up by a resolution,” Santos said.

Although he expressed confidence that Cuerpo would return all fees collected if Karahume is declared part of San Jose del Monte City, Santos was unsure when asked if the money would be returned if a new mayor wins the next municipal election in Rodriguez. He said there are documents listing residents who paid the amount. 

Issuing a challenge

“Kaya nga sinasabi namin, ‘Kung kaya ninyong patayin ang titulong nakapaloob sa inyo, gawin ninyo’ [That’s why we are saying, ‘If you can disprove the authenticity of the title to your domain, then do it],” said Santos, challenging the Dumagats and the National Commission on Indigenous People.

“What happened is that the Dumagat title replaced the land titles from as far back as 1966. That is why if I own the lot, we will have to settle in court,” Santos said.

Further defending Cuerpo, he said that besides preventing the cutting of the trees in the nearby watershed, the Rodriguez municipal government wants to stop illegal settlers from setting up their homes near Mount Balagbag. “After being duped into buying rights in the area, they suddenly find out that the land they bought is owned by another.”

Santos said complaints from legitimate claimants whose titles are registered in Rodriguez are increasing.

“Once the squatters set foot on the lands of the legitimate titleholders, we can even be sued administratively,” he said. “People used to go up there without much trouble, but we have to be strict because the number of settlers is growing.”

[At this point in the interview, I witnessed two truckloads of Philippine Army soldiers hurriedly crossing the Licao-Licao-Balagbag checkpoint, apparently responding to reports that New People’s Army guerrillas had been sighted on the other side of the hill. As in other ancestral domains in conflict-prone territories, the incident reflected the unstable situation in the area.]

Santos assured me, however, that the Dumagats passing the checkpoint are given “consideration” and are not harassed as charged by the current chieftain.

The Bulakan Star, a community paper, alleged that its reporter was fired upon by an unknown gunman while interviewing Santos about the checkpoints.

“Lumabas sa dyaryo na binaril pa raw sila. Kami lang ang pini-pinpoint nila dyan, eh kaya naman ako’y yamut na yamut [It came out in that tabloid that he was fired upon. It said we were the ones who did it; that is why I am so exasperated],” Santos said.

“Mabuti na lang, kami eh hindi walang-hiyang tao. Kung walang-hiyang tao kami, eh patay na ’to. Pero mabait kaming tao kaya buhay pa siya [It is fortunate that we are not bad people. If we were, the [reporter] would have been dead. But we are good people and that is why the [reporter] is still alive],” he added.

The Dumagats have no choice but to wait for the local government to act on their plea for peace and security.

“It wouldn’t be easy if it were left to us to remove the structures there. We won’t be able to handle it,” Yambao said.

Moreover, “the official talks have not started. Both mayors should help. Whoever has jurisdiction over the areas concerned should help. If it were left to us, we would not be able to handle it.”

Ramos, the current chieftain, said, “Sa totoo lang po baka ho kami maubos kung kami lang po ang a-atake dyan para sila’y paalisin. Wala pong mangyayari sa amin. Talagang ang masa po dyan ay talagang puro high power [In truth, we [Dumagats] might decrease in number if we are the only ones to attack and make them [illegal settlers] leave. We are helpless. The majority are people in power].”

In exasperation, Yambao said, “Sa parte naman ng mga Dumagat, kami’y naiipit na rin. Hindi mo na alam minsan kung sino ang kakausapin [On our part, we Dumagats are caught in the middle. Sometimes you don’t know who to talk to anymore].” 

(To be continued)  

Part 2 |

    
 
 
 

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Francis Andaya, Judee Perculeza, Marizhen Doctora, Shey Silayan
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