By Domsy Ramos |
Land ownership is something that everyone longed to have. Owning a house and your house’s lot is a big financial relief thus the country’s Republic Act No. 6657, known as the Comprehensive Agrarian Reform Law of 1988 is like a manna in heaven for the poor people and farmers in the Philippines because this law authorizes the Philippine government to acquire and redistribute agricultural land to landless farmers and farmworkers. This also limits the ownership and land acquisition of the few rich and privileged citizens.
“Ma individual title lang. Kanang kami makabuot kung kinsa namo ibaligya kung amoa man lang ibaligya amoang lote. Dugay na kaayo ni’ng problemaha. Nangapo na lang ang mga original nga beneficiaries ug nangamatay na ang uban nga wala gayud natuman ang ilang gihandom. (Just for an individual land title named to each of us. Where we have the right to sell it by ourselves. This problem prolonged already that original owners had grandchildren already while others died without having their wishes realized.),” Aliw, a mother who claimed to be an Agrarian Reform Beneficiary but is now threatened to be displaced, informed Pahayagan’s desk.
R.A 6657 is implemented across the county and as the years progressed since 1988, its execution had already benefitted a number of Filipinos. It is a real blessing as there will be no rental problems anymore especially for the less fortunate ones.
However, in an island at the South Eastern part of the Philippines, just all other few areas, this “blessing” causes havoc as instead of peace and harmony it stirs self-interest, conflict, land dispute, court litigations and sleepless night to the parties involved.
Just recently, in this time of social media, the members of SLS-CARBMCO: San Isidro, Libertad, San Remegio Comprehensive Agrarian Reform Beneficiaries Multi-Purpose Cooperative in Island Garden City of Samal would now and then become viral with clashes of armed men versus local residents who are the Agrarian Reform Beneficiaries (ARB) of some 744 hectares of agrarian land situated in the 3 barangays- San Isidro, Libertad and San Remegio.
The Island Garden City of Samal is Davao del Norte Province’s tourism capital. It is a vast tract of land nestled alone and separately from others, along the waters of Davao Gulf, and about 2 kilometers from the Mindanao Philippine’s capital, Davao City. It is the only city of Davao del Norte that can be accessed via ports though bridge construction connecting it to Davao City is on-going.
Now a home of beach and resorts that packaged its clean water, fine sands and picturesque natural view, the island is a beauty and a must-visit place. It drew foreign and local tourists alike.
Thus, amid the island’s splendor, its resident ARB’s tumult, cry, dispersal and fight is like a ghost that haunt the serenity of IGACOS. The place that is heaven for the tourists is where its own people are disturbed and waging a fight for the very land that they call their own.
“Mga kuan to sila, (They are) professional squatter…,” former Mayor now Davnor Dist. 2 Board Member Al David Uy said to Pahayagan when he was interviewed about the protesting group of Samalenyo.
Uy issued EO 24 series of 2024 which allowed the fencing of the area. Such move and fencing however meant dispersal and seclusion of the residents from the main and easier road to school, market and their workplace.
“Lisod kaayo. Ang mga bata sa imburnal sa kanal moagi para makalusot sa kural ug maka eskwela, (it is hard because in order to go to school, the children have to pass through the (dike) because the path is already fenced,” one of the ARBs has confided also to Pahayagan.
The aftermath after the said executive order was imposed by then Mayor Uy deeply hurt the residents that their very own city mayor, whom they hoped that will save them, will mediate in the conflict and who will speak in their behalf, is the one who make things “harder” for them.
In an interview, Mayor Uy however said that the executive order was in response to the clamor of Ekran’s Casino area.
“Kasi pumasok na sila sa ano eh, property na ng Ekran, ,mi sud sila didto so mao to nga nagpatabang… (They already entered the area which is a property of Ekran (a renter company),“ Mayor Uy’s explaination of his action.
It was on 1992, that residents of the said barangays glorified when some 744 hectares was placed under CARP thru the Voluntary Land Transfer (VLT) scheme and some 14 CLOAs was issued to them. But the recipients never imagined then that such blessing would drag to intimidation, conflict and displacement.
“Hala, pataka ragud ni si Al David. Mga tinuod nga ARB tawn tong nag rally. Nanigulang na man na sila diha sa ilang area. Gikural nila, luoy kaayo. (Al David is wrong. Those in the rally are real ARB. They have gotten old already in the area which was fenced. Poor them.),” netizen Lili Genelo commented in Pahayagan’s FB post of Mayor Uy’s interview.
Accordingly, not long thereafter that the interview was posted, harassment in the area persists.
The fenced area is just a 250 hectares part of the total 744 hectares awarded area and it was a life and home for the affected individuals.
“Ang among panawagan nga unta matanggal na ang kural ug mahatag na ang individual title sa amoa, (We hope that the government will dismantle the fence and we hope that the area will be awarded to us, individually), Bobby F. Damicog, one of the ARBs, answered to Pahayagan’s query in an exclusive interview.
Damicog alleged that even the board of directors of the cooperative facilitated some of the selling and even accepting commission, incentive if not kickback of the sold price.
He also alleged that Barangay Captain Helen Perez played agent for and in behalf of the ARB’s and is selling parcels of land unknown to them thus they never knew how come that the awarded land, have not yet transferred to individual title but are now titled o certain people.
On the other hand, in a short interview, a DAR personnel refused to comment elaborately regarding the issue.
“Kasabot pud mi sa ilaha, But there is a pending case kabahin niani. Ang appropriate gyud nga ani.. total naa ma’y court. Ang court ra gyud ang appropriately makahatang og kuan.. (We understand them but there is a pending case about this. The appropriate one [to address] this is the court) ,” Department of Agrarian Reform (DAR) Personnel Ferdinance Siennes’ response when asked by Pahayagan,”
Pahayagan had recently been receiving reports about intimidation of the ARBs by some guards in the area with now and then direct confrontation of the residents who refused to leave the fenced area.
As the issue progressed, Pahayagan was able to collate a Chronological Events regarding the situation since the land was awarded on 1992.
CHRONOLOGICAL EVENTS
The ARB cooperative (SLS-CARBMCO: San Isidro, Libertad, San Remegio Comprehensive Agrarian Reform Beneficiaries Multi-Purpose Cooperative) was organized in 1992 thru the facilitation of DAR Municipal Office. In late 1992 and on March 31, 1993 two batches of CLOA awarding ceremony took place.
Initially the 332 members of the cooperative were the recognized ARBs but their names were not inscribed in the CLOA. Years later, specifically on February 15, 2000, DARAB Case No. XI-0884-DN-93 declared that CLOA #s: C-2866, C-2867, C-2868, C-2869, C-2870, C-2871, C-2872, C-2873, C-2874, C-2875, C-2976, C-2877, C-2878, and C-2879 NULL and VOID; directed the Registry of Deeds of Davao del Norte to issue new ones in lieu of the foregoing titles; directed the inscription of names of the farmer-beneficiaries.
In 1994 a petition for ARB inclusion was filed causing the inclusion of 264 new ARBs.
On June 10, 1994 the SLS-CARBMCO thru its chairperson Reysin Gujol signed a Lease Contract with the Philippine Tourism Authority, represented by Eduardo T. Joaquin for a period of 50 years for 250 hectares. There were 5 CLOAs involved in the said lease, particularly C-TCT NO. 2866 with a total area of 98.5366 has., C-TCT NO. 2870 with a total area of 43.9861 has., C-TCT NO. 2871 with total area of 10.7626 has., C-TCT NO. 2874 with total area of 4.3562 has., and C-TCT NO. 2876 with total area of 459.3161has. The amount of the lease contract was P47,000,000.00
A total of P10,829,130.20 was the allotted settlement for the VLT which was also directly paid to the landowner with a corresponding handwritten acknowledgement receipt issued by the landowner.
All 332 ARBs received an assessment and disturbance compensation fee ranging from P25,000.00 to P135,000.00 the budget was taken from the proceeds of the lease contract.
In 1994 to 1997 coop members pay 10% farm income to the cooperative every 3 months and received dividends every 3 months. Factors affecting it were the growing faction within the cooperative due to transparency and accountability issues. Later, coop BOD directly took over harvesting and marketing operations from some of the ARBs.
On October 17, 1994, PTA, represented by EDUARDO T. JOAQUIN, executed a Sub-Lease Agreement with EKRAN BERHAD, represented by TAN SRI DATUK TING PEK KHIING for a period of 50 years.
In DARAB Case No. XI-0884-DN-93, the decision ordered the inscription of the names of 596 ARBs in the new 14 CLOAs (C-14090, C-14091, C-14092, C-14093, C-14094, C-14095, C-14096, C-14097, C-14098, C-14099, C-14100, C-14101, C-14102, and C-14103) issued in year 2000.
In 2005 EKRAN BERHAND declared bankruptcy and from then on ceased to operate its business.
Beginning in late 1990s to present, the coop officials tagged and expelled members questioning and opposing the operation and management of coop affairs.
October 16, 2011, Crispin Catubigan submitted a letter request to the Office of the President during the Aquino administration for the awarding of individual farm lots which was endorsed to DAR Undersecretary for Field Operations and subsequently endorsed to DAR Provincial Office-Davao del Norte.
In 2012 filed case for the nullification of sale, DARAB Case No. 19128 – decision in 2013 stated that respondent SLS-CARBMCO is declared to be devoid of any right to sell or convey the land awarded to beneficiaries-members. (Case against SLS-CARBMCO BOD and Phil. Ocean Korea Town)
In 2013 filed case for annulment of sale, DARAB Case No. XI-2526-DN-2013, decision on July 16, 2014, declared the selling or conveyances to respondent Phil Ocean Korea Town Inc. and Emerald Cove Resort and Dev’t Corp. by way of a deed of absolute sale or agreement of purchase with royalty and contingency plan “NULL AND VOID”
Filed case for Nullification of Contract of Lease in 2013, DARAB Case No. 19117 (Reg. Case No. XI-2467-DN-2013. Decision issued on July 23, 2019: “Petition is hereby Dismissed”
Filed case for the redistribution of CARP covered land on October 1, 2014, DARAB Case No. XI-2442-DN-12 – no update as to the status of this case.
On February 18, 2019, Crispin Catubigan submitted another letter request to the Office of the President Rodrigo Roa Duterte, again for the awarding of farm lots to ARBs.
According to Atty. Pinggoy (DAR Davao del Norte Legal Officer) in a dialogue with SLSARBIT on April 8, 2026 at the DAR Municipal Office of IGACOS, the cooperative officials requested DAR to allow the coop to initiate the re-survey and splitting of the CARPed land.
Filed case for disqualification of farmers-beneficiaries DARAB Case No. ARO -1100-0455 – dismissed due to lack of jurisdiction, MR filed on Dec. 8, 2025 (ongoing case)
Filed case for the annulment of deed of sale, DARAB Case No. XI-4390-DN-2024. Decision issued on April 18, 2025: NULL and VOID, permanently enjoining or restraining Helen Perez and their agents, assigns from a) Fencing and enclosing the subject areas; b) Preventing complainants and their families from tilling their respective portions and from harvesting; c) Forcibly evicting complainants-beneficiaries/heirs.
EO 24 series of 2024 issued by former mayor of IGACOS, allowed the fencing and stating the reason thereof.
EO 44 series of 2024 issued by former mayor of IGACOS, ordering the reopening of the fence that closed Sitio Tucanga road going to the fish landing site, not implemented.
April 11, 2025 Helen Perez submitted a petition to the ROD for the cancellation of titles, TCT C-14090, TCT C-14094, and TCT C-14100.
April 10, 2025, date of annotation in the cancelled CLOAs, stating that the title was cancelled by virtue of request of Helen Perez together with a duly approved subdivision survey.
Letter dated November 10, 2025 (received only in January 2026) from PARO Suaybaguio stated that only 132 hectares will be covered under the DAR SPLIT Project because C-14090, C-14094, and C-14100 were already cancelled.
Case filed NPS Docket No. XI-07-INV-25B-00016 Malicious Mischief against Crispin Catubigan for opening portion of the fence and in constructing a stair going inside and outside of the fenced area – case was dismissed by the Office of City Prosecutor of IGACOS
Case filed NPS No. INQ-XI-24K-00175 for illegal possession of firearms against Ruel Catubigan – ongoing
Case filed CIVIL CASE NO. CL-319-01-25 for unlawful detainer and damages and attorney’s fees against Ruel Catubigan – proceedings of the case held in abeyance pending receipt of the court of the DAR’s findings (for determination on whether there is an agrarian dispute between the parties).
Case filed for annulment of deed of sale and declaration of nullity of unauthorized disposition, cancellation of derivative titles, DARAB Case No. XI-4661-DN-2026 – ongoing case at the PARAD Davao del Norte.
February 20, 2026, TRO issued by PARAD (, DARAB Case No. XI-4661-DN-2026)
Case filed for abuse of authority, grave misconduct, serious dishonesty against Helen Perez Case No. OMB-M-A-JAN. 26 1000
March 8, 2026 to present intensified harassment and forcible eviction carried out by Helen Perez and cohorts
April 15, 2026, ARB leaders requested DARMO and PARO for a photocopy of the APFU, the PARO staff told them that they cannot provide estimate date when will the document be available.
On same day, they proceeded to ROD Davao del Norte to determine the status of the remaining 13 CLOAs, the ROD personnel provided information that C-14091, C-14092, C-14093, C-14096, C-14097, C-14098, C-14099, C-14101, C-14102, and C-14103 are all active. CLOAs C-14091, C-14092, and 14093 are currently under sale transactions while CLOA C-14095 was already subdivided into 4 new titles, one of which bearing TCT-2026 0039 84 is named under Jose Nelson Sala, currently a Mayor of Sta. Cruz, Davao del Sur.
Still on same date, they checked with the LBP in Palm Drive, Bajada, Davao City to check on the status of payment of the 744 CARP covered land, they were informed by LBP attending personnel that there is no record of SLS-CARBMCO account in their office. #
