Saturday, July 14, 2007

Fatal Mistakes

As I looked over the pictures of the dead settlers who fought it out with government troopers last Monday, June 25, I could not help but notice the poor state of their bodies and their clothing. But what was more disturbing was the fact that they were all barefoot.

Make no mistakes about it. The eight men and one woman who died fighting for the land they claimed as theirs were just poor farmers who needed the land for their survival.

They were up against a superior force that could always expect reinforcement when necessary. Worse, most of them were armed with old guns. It was suicide, any which way you look at it. But what could have driven a small band of settlers to decide to stick it out and fight to the death? In fact, they were even the ones to draw first blood when they fired upon the lead group of PNP officers and paid for it dearly. So dearly, one might say.

What they died for may be no more than mere shanties to a town mayor who wanted them removed from the area. To the dead settlers those shanties represented their hopes, their dreams, their lives…

I wonder now if outgoing Rizal town mayor Marcelo dela Cruz can sleep well at night after last Monday’s carnage. Twelve people are dead (three more dead bodies turned up last Thursday) because they refused to leave a piece of land when he wanted them to. They were dead because he thought he could scare them away with a show of force (about three companies of PNP and Army personnel showed up to secure the demolition team) but he thought wrong.

There’s something else that really disturbs me.

The alleged squatting by the fatalities and their companions is still under court litigation. Obviously, there was no court order to support the demolition – it was actually arson as the policemen (read: not the demolition team) allegedly burned the shanties during clearing operations.

Fellow journalists who researched on the case at the Tabuk RTC found out that there was a subpoena for Mayor dela Cruz to appear before the sala of Judge Marcelino Wacas on the 25th, the day of the tragic encounter, for a hearing. The hearing was set after the “illegal settlers” petitioned the court for TRO against a move by the Rizal LGU to demolish their structures. Instead Mayor dela Cruz reportedly signed a demolition order on the 20th setting a June 25 deadline for the removal of all “illegal structures” in Sitio Malapiat. The order was supported by a council resolution.

Some lawyers my friends from the local media talked to offered that there were two school of thoughts on the legality (or illegality) of enforcing a demolition without the proper court order by invoking the executive powers of the office of the mayor, Bulanao barangay chairman Benedicto Sugguiyao Sr. called a case of “adventurism.” I call it a fatal mistake.

To give you a brief background on the case, Sitio Malapiat is part of the 200-hectare Hacienda Madrigal which was awarded for occupation under the agrarian reform program. No less than President Arroyo came to Rizal last year to distribute land titles to selected individuals. The problem was that awarding the lands to the original tenants (who are mostly not native Kalingas) and other selected beneficiaries presented complications with the native Kalinga settlers laying claim to portions of land in the area. I would like to stress that those who fought it out in that raging nine-hour gun battle, which was covered live by local FM station Radyo Natin, are not necessarily squatters. Several of them reportedly bought the lands they occupied from the original occupants (or people claiming to be the owners of the land). Lastly, those so-called “squatters” made several improvements to the area including the clearing of pathways and the road leading to their tenements.

I believe that the timing of the demolition order raises a lot of ugly questions and even uglier speculations. If the reports were true that a TRO was issued after the fighting started, then you can expect that matters shall come to a head in the next few days.

As for the PNP, I sympathize with you especially the wounded. Afterall, you were only following orders from your superiors even if the demolition order you risked your life for was questionable. But the fact is, you had superior force on your side. I believe you could have simply given them a little taste of it then let them decide whether they want more or bust. They might have simply come to their senses or run out of ammo and cleared the area.

When you consider all the possible moves the troopers could have taken, one can’t help but come out with the ugly truth: There was overkill. I have several relatives and friends among the Kalinga PNP, but I am really sorry to have to say this.**Bani Asbucan

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