Chronology of Events (Mapalad Case)

1984
The property was leased by Del Monte Philippines for a period of ten (10) years under Crop Producer and Grower Agreement which expired in 1994.

January 3, 1990
A Notice of Coverage was issued by Mr. Maximo N. Valmores, Sr., DAR Municipal Agrarian Reform Officer (MARO) of Sumilao, Bukidnon.

October 25, 1991
A Notice of Acquisition was issued by Dir. Anastacio M. Limbo, Jr., DAR Region X.

December 23, 1991
A Notice of Valuation was issued by Land Bank Reg. X and sent Memorandum of Valuation to DAR Secretary.

January 16, 1992
The Notice of Valuation offering the amount of P2,388,490.56 as compensation was issued by Dir. Limbo of DAR Reg. X and was sent to Norberto Quisumbing, Sr. Management Development Corporation (NQSRMDC).

February 18, 1992
NQSRMDC, through counsel Atty. Anastacio Muntuerto, Jr., filed before the Provincial Agrarian Reform Adjudicator (PARAD) a Petition for Prohibition with Preliminary Injunction (and Temporary Restraining Order) against DAR-X Regional Director, Land Bank, Provincial Agrarian Reform Officer (PARO) and MARO arguing that the land was under lease by a multinational corporation and under Sec. 8 of RA 6657.

March 31, 1992
Provincial Adjudicator Fidel Borres, Jr., PARAD of Bukidnon, ordered the respondents to desist from pursuing any activity concerning the petitioner's land.

May 21, 1992
DAR Regional Director requested Land Bank to open a Trust Account in the name of the landowner and furnish DAR a copy of the proof of trust deposit to serve as basis in requesting the Register of Deeds to effect the transfer of said property in favor of the Republic of the Philippines.

June 1, 1992
Land Bank opened a trust account in the name of NQSRMDC in the amount of P2.38 M.

June 9, 1992
NQSRMDC filed an Omnibus Motion to enforce Department of Agrarian Reform Adjudication Board (DARAB) Order dated 31 March 1992.

October 22, 1992
Hon. PARAD Borres of Bukidnon issued an order, the dispositive portion of which states that: "WHEREFORE, considering that there was a miscommunication, the respondents are hereby enjoined to seriously comply with the terms of the Order dated 31 March 1992; that the latter memorandum issued by the Regional Director dated 21 May 1992 and the summary proceedings conducted are hereby declared null and void; and LPB is hereby ordered to return the claim folder of petitioner's property bearing TCT No. T-14371 with an area of 144 hectares, more or less, to the DAR Reg. Office, until further orders. SO ORDERED."

December 11, 1993
An Application for Conversion was filed by Mr. Gaudencio Beduya as President of Bukidnon Industrial Development Association (BAIDA) with the Office of the Secretary of DAR. NOTE: As per fax message for ASEC Burkley from the Department of Agrarian Reform Regional Office (DARRO-X) dated 17 October 1997 (NQSR Brief: Comments of RD, DARRO-X, CDO), the ff. documents were not furnished to DAR Region X Office, such as the ff., to wit:
  1. Copy of the Environmental Clearance allegedly issued by OIC RED of DENR, Region X dated 5 June 1995
  2. Copy of the Recommendation dated 25 July 1995 from Paul G. Dominguez, Presidential Assistant for Mindanao
  3. Copy of the Recommendation from DILG Secretary Rafael Alunan dated 23 August 1995
  4. Copy of the letter from Gov. Fortich dated 20 September 1995


November 14, 1994
DAR Secretary Ernesto Garilao issued an Order denying the Application for Conversion from Agricultural to Agro-Industrial.

January 9, 1995
A Motion for Reconsideration was filed by applicant NQSRMDC/BAIDA.

June 7, 1995
DAR Secretary Garilao issued an Order denying the Motion for Reconsideration filed by NQSRMDC/BAIDA.

September 25, 1995
Certificate of Land Ownership (CLOA) No. 00240227 was issued in the name of the MAPALAD farmers.

October 13, 1995
The CLOA was registered as Transfer Certificate of the Title No. AT-3536 in the Registry of Deeds of the Province of Bukidnon.

June 28, 1995
Gov. Fortich of Bukidnon wrote a letter appealling the Order of Sec. Garilao to the Office of the President.

March 29, 1996
Executive Secretary Ruben Torres rendered a decision which set aside the Order of Sec. Garilao and approved the Application for Conversion of NQSRMDC / BAIDA.

May 24, 1996
DAR moved for a reconsideration of the Office of the President.

April 10, 1997
NQSRMDC/BAIDA filed a complaint for cancellation and annulment if title, damages and injunction naming the MAPALAD as private defendants.

April 30, 1997
Executive Judge issued a 72-hour Temporary Restraining Order.

May 9, 1997
A Motion to Dismiss was filed by MAPALAD farmers on the ground of lack of jurisdiction and the pendency of the appeal before the Office of the President on the denial of the application for conversion by the DAR Central Office.

May 19, 1997
Judge Leonardo Demicillo issued a Temporary Restraining Order effective for 20 days enjoining the farmers from entering and occupying the disputed property.

June 7, 1997
The Temporary Restraining Order expired pursuant to SC Admin. Circular No. 20-95.

June 23, 1997
Exec. Sec. Torres issued an Order dismissing the Motion for Reconsideration filed by DAR on the ground that said Motion was filed beyond the 15-day reglementary period by law and declaring that the decision dated 29 March 1996 had become final and executory.

June 27, 1997
Judge Demecillo issued an Order granting the Application for Injunction against the farmers from entering the disputed property and wrestling from the landowner the possession of the land upon putting up a bond in the sum of P200,000.00. But this Order was received by MAPALAD farmers through counsel only on July 22, 1997 and no payment of the required bond was made.

July 14, 1997
DAR filed a Second Motion for Reconsideration. With the expiry of the Temporary Restraining Order and no injunction having been served on them, 78 MAPALAD farmers entered the property in order to start tilling the land and making it productive. As soon as they entered the property, several guards hired by NQSRMDC fired several shots into the air in order to threaten the farmers and drive them away from the property.

July 15, 1997
While the farmers held camp inside the property, the guards of NQSRMDC employed various harassment tactics to drive away the farmers. They destroyed fences put by farmers, burned the huts and streamers, confiscated their farm implements and they let loose about 60 carabaos to attack the farmers, while 50 hired security men armored with powerful guns roamed the area. The PNP went to the area but left immediately after the guards handed to them the confiscated farm implements.

July 16, 1997
Mr. Quisumbing, Jr. accompanied by Ex-Col. Noble forced the farmers to vacate the property, threatening that something bad will happen if the farmers do not leave the property.

July 16, 1997
Judge Demecillo issued a Writ of Preliminary Injunction to all defendants but a photocopy of such Order was received by the MAPALAD farmers through counsels on 18 July 1997.

August 7, 1997
The MAPALAD farmers filed a Petition for Certiorari and Prohibition with Prayer for the issuance of a Temporary Restraining Order and Writ of Preliminary Injunction before the Court of Appeals (CA, SP No. 44905). A Motion for Intervention and Memorandum in Intervention, both dated 10 October 1997, were filed by the MAPALAD farmers.

October 9, 1997
The MAPALAD farmers, disappointed and frustrated in the lawful exercise of their right as owners of the property, staged a HUNGER STRIKE in Cagayan de Oro City in front of Xavier University Campus and in front of the DAR Head Office demanding for the reversal of the conversion order approved by Exec. Sec. Torres.

Oct. 9 to Nov. 4, 1997
The MAPALAD HUNGER STRIKE gained support from various personalities and institutions here and abroad.

November 5, 1997
Pres. Ramos reversed the decision of Exec. Sec. Ruben Torres by offering a Win-Win Solution: giving One-hundred (100) hectares of the disputed land to the farmers and forty-four (44) hectares to NQSRMDC for them to proceed with their Agro-industrial plan.

November 7, 1997
The MAPALAD farmers came home to be united with their loved-ones after 28 days of hunger in the busy streets of Cagayan de Oro and Quezon City.

November 27, 1997
Gov. Fortich, Mayor Baula and NQSRMDC filed a petition to the Supreme Court to nullify the win-win solution of Pres. Ramos.

December 1997
Social Weather Station published a report that 48% supported FVR's win-win solution. 22% wanted the farmers to get more than 100 has., though not all of the land. Another 20% wanted the entire 144 has. to be allotted to the farmers, and none for the Quisumbings. A total of 90%, amounting to virtual unanimity, felt that the MAPALAD farmers deserve no less than what FVR's win-win formula would give them.

May 10, 1998
The MAPALAD farmers read the news from a Press Release coming from the office of losing Senatorial Candidate Ruben Torres, who is not a party to the case, that the Second Division of the Supreme Court nullified the Ramos Win-Win Solution. The court ruled on the grounds of technicality, branding the farmers as non-parties-in-interest and as fake beneficiaries.

May 25 and June 4, 1998
The MAPALAD farmers resumed their camp-out at DAR Central Office , Cagayan de Oro City and at the Supreme Court.

May 29, 1998
The MAPALAD farmers through their lawyers, lead by Sen. Aquilino Pimentel, filed their Motion for Reconsideration to the Supreme Court with the presence of 800 support groups.They met with Pres. Estrada, later that day, who promised to support them.

May 29 to June 22, 1998
Support once again flooded to the cause of the MAPALAD farmers bringing opinion-makers, political leaders, civic personalities and various civil society organizations to criticize the decision of the Supreme Court.

June 23, 1998
The Second Division promulgated a resolution that asked Fortich, Baula and NQSRMDC to respond based on the Motion for reconsideration filed by the MAPALAD farmers.

June 8, 1998
President Erap Estrada visited the MAPALAD farmers in their makeshift tent in front of DAR to personally boost their morals in their fight for the cause for Agrarian Reform. The President had made a statement to act on their case. To put in summary the words of the President, he told the farmers that: "I have been closely monitoring the plight of the Sumilao farmers. The striking farmers have suffered enough to have a right to a swift resolution of their case with the Supreme Court based on the substantive issues raised." "As I have stated in my 10-point agenda, my administration is committed in resolving the problem of landlessness and food insecurity." "I will also personally lead an inter-agency task force to review all pending cases of land conversions." "The Sumilao farmers has become a flashpoint that we have inherited from the Ramos administration. There is a need to find a just solution." "Immediately after oath-taking, I will also instruct the incoming Secretary to make representation in the court in my behalf."

August 11, 1998
After 70 days of a renewed campaign, the MAPALAD farmers closed their camps in Manila and Cagayan de Oro to meet with their families to regain strength after two months of being away from them. The move was also meant to assess the 70-day campaign and plan for other strategies to continue their long and agonizing wait for justice.

October 9, 1998
Because of governments' inaction to their case and insensitivity of the Supreme Court, the MAPALAD farmers went back on HUNGER STRIKE to press for the swift resolution of their case.

November 17, 1998
The Second Division of the Supreme Court issued a Resolution stating that a 2-2 vote resulted from their ruling. Two Justices, Martinez and Mendoza, voted to deny the Motions for Reconsideration while the other two Justices, Puno and Melo, voted to grant the Motion for Reconsideration filed by the respondents and the intervenors and to the remand the case to the Court of Appeals for further and appropriate proceedings.

December 3, 1998
The Mapalad lawyers filed a Motion entitled Motion for Reconsideration with Motion to Refer the Matter to the Court En Banc since a necessary vote of three was not attained during their November 17, 1999 resolution.

January 27, 1999
A Minute Resolution was issued signed by the Asst. Clerk of Court of the Second Division of the Supreme Court. It stated that the Court would not take any action on the Motion filed by the Mapalad lawyers last Dec. 3 for the reason that they have no legal personality to further seek redress and that even the respondents of the case (DAR and OSG) did not anymore join them in seeking a reconsideration of the November 17, 1998 Resolution.

February 24, 1999
DAR-OP submitted Manifestation and Motion to the Supreme Court as evidence of filing a timely MR.

March 3, 1999
The Intervenors filed an Omnibus Urgent Motion for the Supreme Court En Banc to Annul the 27 January 1999 and to Immediately Resolve the 28 May 1998 Motion for Reconsideration filed by the Intervenors. The Motion is based on the following grounds:
The Constitution requires that with the 2-2 vote in the 17 November 1998 Resolution, the case hould be resoved en banc
The submission of the case to the Court en banc is automatic and does not require a referral from the Second Division or any motion from the parties. Hence, even without the filing of MR by DAR through the OSG(although it actually filed within the reglementary period contrary to the statement of the Second Division that it they not file), the case should have been resolved en banc
Aside from the Constitutional view of the interpretation of the 2-2 vote vis-à-vis Sec. 4 (3), Art. VIII of the 1987 Constitution, there are several novel questions which justify the resolution of the case en banc:
  1. The power of the Local Government to reclassify and interpreting the same as including the power to convert agricultural lands vis-à-vis the power of the DAR to approve applications for conversion;
  2. The power of the Local Government to reclassify agricultural lands by mere resolution and not through the process of ordinance-making;
  3. The conversion of irrigated prime agricultural lands;
  4. The conversion of lands when the same has already been covered by the CARP;
  5. The authority of the Office of the President to reverse a decision of the Executive Secretary; and
  6. The capacity of agrarian reform beneficiaries and title-holders (i.e. with Certificate of Land Ownership Award or CLOA) to intervene in this proceeding.

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