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land for all


As if poverty and a lack of educational opportunity weren’t enough, a centuries old, and still ongoing, land dispute has also been among the obstacles facing the Tala-andig community in Miarayon in the Talakag municipality, Bukidnon. 

 

On October 30, 2003 Philippine President Gloria Macapagal-Arroyo, through the National Commission for Indigenous Peoples, awarded 11,105 hectares of land to the Tala-andig people


This was the culmination of a long fight for recognition.  To briefly recap the undisputed documented historical facts:

*In the early 1800s Talakag became seat of the “Tampuda hu Balagon” the peace accord that ended the bloody Mindanao-wide war between Muslims and the natives

*In 1907 the Tala-andigs were decimated by a smallpox outbreak and many fled the area.  Those that stayed established the new town of Miarayon.

*In 46,000 hectares of land in Talakag was declared a Military Reservation by then President Diosdado Macapagal.  Two thousand hectares of which overlapped the ancestral claim of the locals.  Recently, Defense Secretary Angelo Reyes approved “in principle” of their claim.

*In 1975 President Marcos, in response to armed conflict in the area for recognition, guaranteed amnesty to the rebels and promised to give back the land to the Tala-andigs. 

 The President’s promised remained unfulfilled until 2003.  Unfortunately, the  Tala-andig’s fight didn’t end there. 

 On January 17, 2004 an outsider lay claim to 105 hectares of it.

 According to the Indigenous Peoples Act of 1997, it is the case that landowners having deed to land prior to the indigenous group being awarded it retains ownership.  This then would be simple if not for the fact that no such deed is present and so this matter remains in the courts to decide to this day.

It began with portions of land being fenced off with barbed wire, and the arrival of armed guards in army fatigues.  Trenches and foxholes were dug in around the disputed area.  It later escalated to hostilities (exchanged by both sides) resulting in some individuals being wounded and over a thousand Tala-andigs fleeing the area in March of 2004.

 This conflict also personally affected one Cartwheel staff member who was charged with allegedly issuing “grave threats.”  Thankfully, this case has been dismissed.
 

The people have since returned to their homes and the violence has stopped.  The landowner moved out of the area and the fight went to the courts.

Talaandig Elder

Recently the legal tug-of-war about where to try the case was settled in the plaintiff’s favor.  The Tala-andigs believe that this is a case about land ownership and so should be tried with the National Commission on Indigenous Peoples (NCIP).  Whereas the other party believes that since violence has broken out in the past, it should now be a matter for the Regional Trial Courts. 

 This court decision was based on a view that the tribe posed a threat to the plaintiff person and his claimed property.  As a result, the tribe has filed a motion to dismiss this decision and refer the case to the NCIP.

 The plaintiff has also put in a request for a temporary restraining order on the tribe in order to stop them from entering the disputed land.  It is Cartwheel’s worry, however, that if this were to happen, tensions could again increase.

 Despite these problems, Cartwheel’s programs remain intact and are ongoing.