Land Conflict Due to Irregular Ownership of Land: The ...

Land Conflict Due to Irregular Ownership of Land: The Case of Kalanggaman Island de Cadiz, Gerry B. & Estorninos, Lillian D.

Eastern Visayas State University

Land Conflict Due to Irregular Ownership of Land: The Case of Kalanggaman Island

Prof. Gerry B. de Cadiz Dr. Lillian D. Estorninos Eastern Visayas State University Tacloban City, 06500 P H I L I P P I N E S

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Land Conflict Due to Irregular Ownership of Land: The Case of Kalanggaman Island Prof. Gerry B. de Cadiz & Dr. Lillian D. Estorninos Eastern Visayas State University, Tacloban City, 06500

PHILIPPINES

INTRODUCTION The Land Conflict Phenomenon In an analysis of an international study, it has been noted that in many developing countries, land conflicts are one of the major problems leading to inefficient land management and unsolved land tenure issues. As a result of lack of regulatory policies in administrative, legislative, institutional and financial frameworks, communities are suffering from negative consequences of land-related conflicts in social, ecological, economic and physical environments. By different overlapped interests and benefits to manage, use and transfer the land, the conflicts restrict efficient sustainable land use and property rights. Conflict issues, their reasons and actors involved vary highly depending on social, cultural, historical, political backgrounds. One of the main reasons is a scarcity of land because of population growth, soil degradation or land conversion, as well as the demands of new interests groups for agricultural land, forests and water resources. The other reason is coming from inconsistencies in combination of both formal and customary land-tenure systems. Moreover, lack of clear cadastral information and registration systems, contradiction in legal framework and lack of people participation in land management and planning process can lead to the emergence of increasing pressure on the land and its related conflicts. Like these different reasons, dimensions, level and intensity of conflicts vary greatly too. They can also take place at every levels, household, local, regional, national or international scales. Conflicts are only resolved when the underlying sources of tension between parties are removed. To cope with any type of land conflicts and their restrictions, there is a need to develop approaches covering both some curative measures for reconciling various interests and preventive measures to reduce any risk of conflicts. This requires mainly two important steps: conflict analysis and organization of collaborative actions between the parties. Agrarian Reform in Relation to Land Conflict The core of agrarian reform is change. It is change resulting from the transfer of ownership from landowner to landless farmer, from being formerly landless to being an owner cultivator, and from being powerless to being empowered. Its very nature, easily becomes a source of resistance, dispute, controversy and conflict. In the case of the Philippines, agrarian reform is being implemented by the state as a social justice measure to change the prevailing situation of unjust and inequitable ownership of land and resources by a few individuals in society. For hundreds of years, from the Spanish occupation of the Philippines in the 1500s to the present, agricultural lands have been in the possession of a few powerful landlords and corporations. The majority of people have remained as tenants, farm workers and landless agricultural labourers, a factor that has contributed to the poverty in the countryside. Land conflict stems mainly from agrarian disputes brought about by the prevailing agrarian situation.



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Theories of Land Conflict Land conflict theory addressed four dimensions of conflict: scarcity competition, structural inequality of access, war for land, and revolution precipitated by land conflicts. Scarcity competition happens when there is not enough land for everyone. Structural inequality is exemplified by the rich being able to buy land that the poor cannot afford. War for land might be for its arable qualities or its strategic value, and involves violent conflict between two nation-states. Revolution over land is civil conflict, even to the point of war, with the purpose of the revolutionaries being to seize state power as a precondition of land redistribution. Koler's Normative Quest. A seminal work on land conflict as a subset of conflict theory is Avery Kolers' "Land Conflict, and Justice--A Political Theory of Territory" wherein Koler uses the Palestine-Israel conflict to study land conflict issues. His theory focuses on the attachment or particularity of a people with regard to their land claims, and on whether claims are based on status or achievement; and the theory seeks a normative understanding of territorial claims. Akcali and the Core-Periphery Dynamic. Emel Akçali, who grew up in the midst of the Turkish-Cypriot conflict, theorized about the association between ethnicity and territory during territorial conflicts. Her perspective is sometimes called world-system theory, and it focuses particularly on the role of globalization in present-day land conflicts. World-system theory begins as an inequality theory that divides the world into core areas of overdevelopment, parasitically surviving via exploitable "peripheries." The structural inequality in the core-periphery dynamic is seen as formative, if not generative, of local land conflicts. Purpose of the Study This case study intends to better understand and analyze a land conflict due to ownership/possession in which different people/organization carry documents to the same piece of land. It will also propose plausible solutions and policies to manage existing conflicts and to limit further possible inefficiencies. This study identify the case of Kalanggaman Island in Leyte Province in relation to its proper ownership which subsequently caused conflict between the Municipal Government of Palompon and Edifice Realty and Development Corporation. Methodology This paper is based on an actual case of land conflict wherein two institutions are trying to possess an island that is very much viable for ecotourism and a productive resource. The research locale is the Kalanggaman Island and this case study was conducted based on ocular inspections, official reports and documentations of government agencies. The analysis is based on the “Conflict Tree” tool which offers a method in identifying issues that concerns on the causes, core problem and effects of a particular conflict. This investigation will give the researcher the opportunity to formulate measures for conflict prevention and solution. An action plan will be formulated for the curative and preventive measures with their activities, responsible actors, time frames and level, which have to be considered to solve conflicts.



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Figure 1. The Conflict Tree Schema of the Kalanggaman Case

ROOT CAUSES The Island in Perspective Kalanggaman is a small island paradise with a land area of about two hectares situated between north of Cebu and Leyte. Belonging to the town of Palompon, Leyte, it is about an hour ride by boat either from Palompon or Villaba, Leyte. What makes this island unique is that it has two sand bars, one which protrudes towards the east and the other at the southern end. The eastern sand bar stretches for more than 200 meters into the sea, while the other one is only half as long which is submerged under water during high tides. Some 12 kilometers off the shoreline of Palompon, Leyte, this island by appearance, location and resources does not distinguish itself from the thousands of other islands dotting the Philippine archipelago. Its name is derived from langgam, Cebuano for “bird.” Kalanggaman Island (meaning “where the birds are”) has no fresh water sources. Coconut trees and talisay trees



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are among the few trees that grow on the island. Fishermen from the mainland, however, have been enjoying the rich fishing grounds off the island. The place is hatching ground of marine turtles. Dolphins are also seen in the area. Mainland residents have been using the island as destination for their Sunday picnics. As every other sitio in the predominantly Roman Catholic Visayas, Kalanggaman Island has its own annual fiesta. Early inhabitants of the island built a small chapel for Santo Niño (the child Jesus). This relatively obscure island suddenly hogged the headlines in Central Visayas media when the local government of Palompon, headed by Mayor Eulogio Tupa, announced that Palompon had repossessed the island from the illegal “ownership” of Celso de los Angeles of the Legacy Group of Companies. Officials and residents of the 3rd class municipality of Palompon denounced the alleged illegal transfer of ownership of Kalanggaman Island from that of the town to the Rural Bank of Carmen, one of the banks owned by De los Angeles. Palompon municipal legal consultant Donna Villa Gapasan said town residents, accompanied by members of the media, braved guards and armed men detailed by De los Angeles at the so-called “Boracay of Leyte” and held a protest rally on the 10-hectare strip of land located 12 kilometers off the municipal shoreline. Source of the Conflict De los Angeles started claiming the island in 2003 and by 2004 reportedly had a Deed of Sale to show ownership of the island, which the people of Palompon said had been part of the town since “time immemorial.” During the rally, the protesting residents managed to erect a sign proclaiming the town’s ownership of the disputed island which proclaims “CA 141 and PD 705 assert that Kalanggaman Island is not private property; it is unclassified, inalienable and a public forest.” The guards and armed men did not intervene. A case background provided by Palompon municipal information officer Rezza Boy Omega showed that the town, assuming all the while to be the rightful owner of the island, found out only 10 years prior to the sale that a private person (Toring) from Bogo, Cebu has been claiming ownership of Kalanggaman on the strength of Tax Declaration 12819. The town further learned that prior to Toring, the name of a certain Pablo Sitoy appeared in a 1950 tax declaration as owner. By 1974, the ownership transferred to a certain Agripino Ensoy, although no record could now be found to validate that transfer. In 1979, a Deed of Absolute Sale was executed, this time conveying the land from Ensoy to Toring. Kalanggaman Island was acquired by de los Angeles in September 2003 from the heirs of Andres Toring of Bogo, Cebu, for P200,000. The island has been bought and sold several times since the 1950s, this despite the fact that it is an unclassified land and as such is unalienable and undisposable and cannot be owned privately (according to Commonwealth Act 141, also known as the Public Land Act). Furthermore, under Presidential Decree 705 (the Forestry Code of the Philippines), states that unclassified land is forestland, and forestland too cannot be owned privately, Palompon municipal councilor and lawyer Jesus Villardo III explained. The conflict could be gleaned from the standpoint of how the transfer could happen. A municipal resolution clearly stated the town’s opposition to the sale, transfer and land titling of Kalanggaman Island, yet, Enriquita Lubiano, the municipal assessor, issued the tax declaration in de los Angeles’ favor. When de los Angeles bought Kalanggaman Island from the heirs of Andres Toring, he paid the owners of the small houses erected on the island, and they all left. Security guards were placed on the island. They collected landing and diving fees from fishermen and other visitors.



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MAIN PROBLEM Kindling the Fire Since 1993, the Municipality passed several legislative measures asserting its firm claim over the island. These resolutions include repeated requests to the Department of Environment and Natural Resources not to declare Kalanggaman as alienable and disposable, being part of public domain under territorial jurisdiction; and requesting the Environmental Management and Protected Areas Services to evaluate and declare Kalanggaman as a Marine Protected Area; and yet another resolution requesting the Department of Tourism to evaluate Kalanggaman Island for tourism purposes. According to records, all of Palompon’s legal, legislative and administrative initiatives to maintain territorial jurisdiction over Kalangggaman fell through when De los Angeles succeeded in acquiring ownership by producing a Deed of Absolute Sale from heirs of a certain Andres Toring in 2003. The document declared that a total of 2,696 square meters of coconut land situated in Kalanggaman was sold by the Toring heirs to De los Angeles and a certain Joel Retuya for P200,000. Suits and Countersuits The municipality did not take the acquisition of Kalanggaman Island by de los Angeles sitting down. After the transfer to De los Angeles, the municipality again asserted its claim of jurisdiction and ownership by approving resolutions expressing opposition to survey plans and application for land titling filed by De los Angeles and authorizing then Palompon Mayor Marcelo Oñate to initiate measures to further the claim and other efforts. Several resolutions reasserting Palompon’s rights over the contested island were passed. De los Angeles in turn filed criminal and administrative complaints against the local government unit. These have all been recommended for dismissal by the Office of the Ombudsman for the Visayas. He also sought declaratory relief and injunction from the Regional Trial Court in Palompon but these petitions were also denied. In 2006, De los Angeles and his lawyer, Pinky Noel, appeared before the Palompon Sangguniang Bayan and apologized for his actions. He then proposed to develop the island into the “Kalanggaman Bluewater Island Resort” and got himself a memorandum of agreement to proceed with the development. At the same time, however, and unknown to the local government, de los Angeles had the ownership of the island transferred to the Rural Bank of Carmen (Cebu). This bank is one of the rural banks owned by de los Angeles’ Legacy group. It was placed under receivership of the Philippine Deposit Insurance Corp. in December 2008. Two months earlier, in October 2008, Ma. Karen Pitoy, the president of the Rural Bank of Carmen, signed an Absolute Deed of Sale on this unclassified, unalienable and undisposable island in favor of Edifice Realty and Development Corp., a sister company. Kalanggaman Island had changed owner again. Edifice appears in the latest tax declaration for Kalanggaman Island as the owner.

EFFECTS OF THE CONFLICT With the repossession of the island, Mayor Tupa and his local government can finally include Kalanggaman Island in the comprehensive environmental protection programs that have become



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the trademark of his administration. The municipality closed a destructive mining operation in the town, established an ecological solid waste management system and strengthened coastal resource management, among environmental initiatives since July 2007. De los Angeles’ security guards were evicted during the celebration of the 23rd anniversary of the “people-power” revolt EDSA 1. Fish wardens and policemen have been placed on the island to ensure that national laws and the policies of the municipal government are followed. Palompon may still be best known for its bird sanctuary on Tabuc Island, but Kalanggaman Island has already become a legacy.

ACTION PLAN Legal Basis The Kalanggaman Case could be resolved first by means of adhering to legal frameworks by both parties. Pertinent bases could be from P.D. 705, C.A. 141 and Act No. 1120m, to wit: a. Presidential Decree No. 705. (i) Section 17. Establishment of boundaries of forest lands. All boundaries between permanent forests and alienable and disposable lands shall be clearly marked and maintained on the ground, with infrastructure or roads, or concrete monuments at intervals of not more than five hundred (500) meters in accordance with established procedures and standards, or any other visible and practicable signs to insure protection of the forest; and, (ii) Section 18. Reservations in forest lands and off-shore areas. The President of the Philippines may establish within any lands of the public domain, forest reserve and forest reservation for the national park system, for preservation as critical watersheds, or for any other purpose, and modify boundaries of existing ones. The Department Head may reserve and establish any portion of the public forest or forest reserve as site or experimental forest for use of the Forest Research Institute. When public interest so requires, any off-shore area needed for the preservation and protection of its educational, scientific, historical, ecological and recreational values including the marine life found therein, shall be established as marine parks. b. Commonwealth Act 141. In case the holder of the certificate shall have sold his interest in the land before having complied with all the conditions thereof, the purchaser from the holder of the certificate shall be entitled to all the rights of the holder of the certificate upon presenting his assignment to the Chief of the Bureau of Public Lands for registration. c. The requirements under Act No. 1120 for a valid transfer of rights have not been complied with. Section 16 thereof provides as follows: "x x x. In case the holder of the certificate shall have sold his interest in the land before having complied with all the conditions thereof, the purchaser from the holder of the certificate shall be entitled to all the rights of the holder of the certificate upon presenting his assignment to the Chief of the Bureau of Public Lands for registration."



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Community Action The direct stakeholders of the land, i.e., the local government unit of Palompon, allied government agencies and the residents should come up with a viable land rehabilitation or conservation program for Kalanggaman Island. They could also take into consideration the sociopolitical and economic viability and development of this island. All subsequent conflict should be addressed immediately by all concerned institutions or private entities. _____________________ References: “Conflict Tree”, quoted from Land Conflict and Management, a multimedia presentation of Dr. Wolfreda T. Alesna, Visayas State Univesity, May 27, 2010. Contratista, Ferliza. Legacy landgrab? Town loses island, Freeman News Service, February 27, 2009. Goff, Stanley. Theories of Land Conflict, accessed on March 15, 2011 from eHow.com (http://www.ehow.com/list_7332661_theories-land-conflict.html). Hayami, Y., Quisumbing, M.A. & Adriano, L. (1990). Toward an alternative land reform paradigm: a Philippine perspective. Quezon City, Ateneo de Manila University Press. Kirbay, Yelda. Analysis of Land Conflict Cases in Turkey and Possibilities for Solution, a published thesis for Master of Science in Land Management and Land Tenure, Techniche Univesitat Munchen, June 30, 2003. Stinus-Remonde, Marit. Legacy boss illegally owned Leyte island, Manila Times, March 05, 2009. Wehrmann, Babette (2008). Improving access to land and tenure security: A practical guide to dealing with land disputes, Eschborn, Germany: Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ).