Editorial

Naked Ownership

Posted on 2017/12/01

War is a wellspring of unintended consequence, mostly grim. Since the two world wars to the modern-day campaign against extremist ideology, human civilization continues to experience unforeseen outcomes of conflict. Traditionally, when democracies are threatened by so-called enemies of the state they reflexively spew out the panoply of law enforcement and criminal justice mechanisms to bring instigators of conflict to justice. If progress is slow, national governments oftentimes resort to off the shelf scorched-earth policy – reminiscent of Vietnam war era – to show who is in control, further alienating communities with long history of militarization. This resonates well in critical areas of Mindanao that for decades the failure of national government to confront head-on the metastasizing influence of conflict contributes to division of communities. The “liberation” of Marawi City from ISIS-influenced extremists may have ended actual hostilities, but the crisis has also set off potential threat to communal life: land ownership.

Days leading to liberation of Marawi, media published a letter of former vice president and chairman of Housing and Urban Development Coordinating Council (HUDC), Jejomar Binay, addressed to the Armed Forces of the Philippines urging the government to distribute lots inside the city’s military reservation to present occupants as part of government’s rehabilitation plan. The news caused panic to displaced residents; others sought legal assistance on how to protect their proprietary rights. The military downplayed the news and assured residents of peaceful resettlement once war was over. That may have appeased some but not everyone. If residents have ownership over realty they have been occupying on – except during less than five months of siege – for ages, why worry the existence of military reservation? Do occupants of public land have protected rights? These are some of the pressing questions that Marawi residents have to address as they return to their communities and help the government in its rehabilitation efforts. Historically, land ownership is a serious concern in critical areas of Mindanao; it is even the primary driver of “Rido” or clan conflict in Lanao del Sur and Maguindanao/Cotabato region. In Marawi, the issue of land ownership and its unique disposition is nothing new; it has been there since the city shed its former name “Dansalan” in 1956.

Heavily influenced by M’ranao culture and the incoherent polices of national government desperate to end secessionist movement in Mindanao, land issue in Marawi rarely hit the headlines of major dailies, until the siege. The absence of land use policy or plan – a requirement of 1991 Local Government Code to fully maximize the potential of land use for socio-economic stability- in Marawi City and its component province Lanao del Sur makes people wonder whether local leadership contributes to land issue conundrum. According to data prior to siege, Marawi had a land area of 8,755.00 hectares or 87,550,000.00 square meters, made up of 96 barangays with 200,000 population more or less. Through Presidential Proclamation 453 (PP 453) in 1953, land area of 66,671 square meters or 6,667.16 hectares had been taken from public domain occupied by Camp Keithley, renamed Camp Amai Pakpak, in Dansalan for military reservation. Subsequent presidential fiats significantly reduced Camp Keithley’s: (a) Presidential Proclamation No. 375 (PP 375) in 1956 designated an area of 1,714,514 square meters or 171 hectares for the use of “provincial capitol, civic center, hospital, and high school sites;”(b) Presidential Proclamation No. 806 (PP 806) in 1961, appropriated a portion of 9,993,560 square meters or 999 hectares for Mindanao State University (MSU); (c) Presidential Proclamation 1354 (PP 1354) in 1974 carved out from operation of PP 453 portion of land with an area of 8,031,440 square meters or 803 hectares intended for hydroelectric project of the defunct National Power Corporation.

If one has to combine the size of public land appropriated by PPs 453, 375, 806 and 1354, the present land area occupied or reserved for Marawi’s government structures and buildings including the city’s 24-hectare sacred national park – a protected area- what is left of private ownership is very negligible. Acmad Rizaldy Moti, Pag-IBIG Fund CEO, hit the point when he said that half of the city’s land area sits on reservation land designated to MSU and the military, and large number of residents occupy on government land (www.businessmirror.com.ph). It is a principle in law that all lands of the public domain belong to the state, and citizens can acquire land from government either by purchase or grant. Failure to take this legal route, it is entirely possible that a person may possess or occupy a land not as an owner (Republic of the Philippines vs Anatalia Actub. G.R. No. 157306. November 25, 2005). The 1987 Constitution classifies lands of public domain into: agricultural, forest or timber, mineral lands, and national parks. Only agricultural land is subject to private ownership; its reclassification as alienable and disposable (A&D) is done either by presidential decree or proclamation or approval of Department of the Environment & Natural Resources (DENR) secretary, as alter ego of the President.

To allay fears of land dispossession, Marawi residents need to produce proof of ownership: a genuine copy of either the Original Certificate of Title or Transfer Certificate of Title (OCT/TCT). If unregistered, claimants may resort to presenting copies of realty’s tax declaration and evidence of actual occupation. Absent the above requirements, it is presumed that occupants do not have protected right to realty. Over the years, the Philippine Supreme Court has developed some guidance in the acquisition of public land for private ownership. The Court in Natividad Sta. Ana Victoria vs. Republic of the Philippines, G.R. No. 179673, has prescribed the following: (a) the land is A & D; (b) the applicants by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation; and (c) that such possession is under a bona fide claim of ownership since June 12, 1945 or earlier. Some occupants of land with no proof of ownership interpret their continued possession as equivalent to ownership. In this situation, the Court in Pio Modesto and Cirila Rivera-Modesto vs. Carlos Urbina, et.al, G.R. No. 189859 ruled that, “Unless a public land is shown to have been reclassified as alienable or actually alienated by the State to a private person, that piece of land remains part of the public domain, and its occupation in the concept of owner, no matter how long, cannot confer ownership or possessory rights.”

It is ironic that with so much untapped natural resources in Mindanao, land dispute becomes one of the drivers of decades-old conflict in the region. Some say that land in the region is more of a scourge than a blessing. Across critical areas in Mindanao, unsettled land ownership contributes to low-level conflict: between elite families or strongmen asserting land ownership by virtue of occupation and hereditary succession. Two known big clans in central Mindanao associated with secessionist groups are at loggerheads for decades over boundary dispute, causing unnecessary displacement to hundreds of families. For most Filipino families, land is a source of pride and honor; the same source that defines M’ranao culture. For rehabilitation efforts to succeed in Marawi, national government must ensure that boundaries of land, either privately-owned or part of the public domain, be identified, documented, and registered. Some international donors, as reported, have already expressed skepticism to contribute to rebuilding Marawi due to land ownership issue. To prevent another untold human suffering, people in Mindanao should look at Marawi crisis as a lesson to embrace tightly the rule of law in all spheres of human interaction, including ownership of realty.


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Is an Non-Government Organization Catering Youth Services

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Liceo Legal Aid Center (LiLAC) doing business under the name and style of Center for Alternative Lawyering of Liceo is the legal aid center of Liceo de Cagayan University, a privately owned university based in Cagayan de oro City. The group is composed of law students, alumni of the College of Law of the University, and lawyers who are passionate in the practice of alternative lawyering. LiLAC is guided by its vision of a holistic formation of law students committed to the transformation of society by promoting justice, empowerment, unity and peace, through helping the marginalized sector of the depressed areas here in Mindanao, in the Philippines and in the world. While the group was registered only this year with the Securities and Exchange Commission, it has been providing services to marginalized communities in partnership with NGOs for more than 8 years now. LiLAC has more than 50 members, 15 of whom are taking the active role of running the groups activities.

e-mail:liceolegalaidcenter@gmail.com
twitter: twitter.com/liceolegalaid
facebook: fb.com/liceolegalaidrn

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The Mindanao State University Legal Aid Clinic or Mindanao SULAC for brevity, is the Legal Aid Clinic of Mindanao State University College of law. It is the first and currently the only one of its kind to be established in the Autonomous Region in Muslim Mindanao (ARMM). It strives to cater the legal needs of the underprivileged and/or indigent clients of the Region and to help promote the proper administration of justice as a key to lasting peace in the region and in the country as a whole.

Office Address: 1F MSU College of Law Bldg.,
MSU Main Campus, Marawi City 9700 Philippines
Contact details:
Email: mindanaosulac@gmail.com
Mobile No.: (+63) 907 336 7762

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The Notre Dame university is a Catholic Institution in Cotabato City run by the Oblates of Mary Immaculate and member of the Notre Dame Educational Association Philippines.The Notre Dame University Legal Aid Center started sometime in 2009. Its members are the officially enrolled students of NDU-College of Law.

The following are the official pages and e-mail address of the group:
FB: fb.com/ndulac
twitter: twitter.com/ndulac
Instagram: instagram.com/ndulac
email: ndulac@gmail.com

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The Palawan Cradle of Rights is a unified composition of law students from Palawan State university school of Law, established last August 26, 2013 after the culminating activity of the Basic Orientation Seminar by the US Embassy in partnership with the MYVC.

Through our linkages and with the help of the different Government and Non-government organizations we aim to provide free access to people who need legal assistance.

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The University of Mindanao Legal Aid Network (ULAN) is a non-stock, non-profit, and service institution of the University of Mindanao. As a service institution, it provides legal assistance, advocates human rights and social justice, and facilitates the formation of law students for alternative lawyering. It consists of law students and alumni of the College of Legal Education of the University of Mindanao committed to provide an adequate and greater access to justice of the community through its programs.

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The CENTRO ADVOCACIA LEGAL is organized exclusively for charitable, socio-cultural and educational purposes, more specifically to serve the needs of the marginalized communities specifically children and youth and the minorities in Zamboanga City through Legal Aid Assistance and Human Rights Based Advocacies.