Criminalization of Agrarian Reform

written by the Quezon Association for Rural Development and Democratization Services (QUARDDS)

The patterm of anti-reform action against organized peasants in Bondoc Peninsula may have shifted more convenient and „officially“ state sanctioned means of harassment.This is done through the filing of various criminal cases against tenants. As of December 2006, members of the organisation KMBP are facing more than 300 criminal cases that include qualified theft, estafa, trespassing, murder, attempted murder, libel, grave coercion, malicious chief etc. The number is still increasing as cases against tenants continue to be discovered in court, sometiomes by accident and sometimes through information from concerned court employees.

The criminalization of agrarian reform cases has had serious consequences on the lives of members of the KMBP:

Lose of freedom: Since 1996, more than 300 tenants have been imprisoned due to trumped up charges by landlords. In 2007, 25 farmers were in jail for almost three month in the district of Gumaca, while 21 more farmers stayed in jail for five days due to a bench warrant issued by the municipal trial court in San Francisco. In addition, 68 more farmers were in „prisoner state“ for almost three month after they voluntarily took refuge at the DAR (Department of Agrarian Reform) office in Quezon city to avoid arrest and the harsh conditions in jail.

Profound economic hardship making the tenants even poorer: The cost of a bail is too high and could not be raised by farmers. For each qualified theft case for example, a farmer will have to raise 30.000 Peso as bail bond. Yet some farmers will have to raise more than 300.000 Peso because they are facing more than 10 counts of qualified theft. In 2006 alone, under pressure from the publicity generated by the jailed farmers who voluntarily surrendered to call the attention and expose the government of its inadequacies to deliver agrarian justice, the DAR had ro raise mote than 4 million to bail the farmers out. Certainly, this amount is out of farmers reach. The cost of attending hearings is also quite prohibitive. The accused farmers and their relatives had to travel five to six hours from their place to reach the courts in Gumaca and had to spend more than 350 Peso for each hearing to cover food and transportation ex penses, not to mention legal fees and incidental expenses like photocopying etc. These scarce resources should have been spent for food and clothing or for more urgent needs in the household.

Moreover, the unnecessary imprisonment disrupt the economic activities of entire families. They lost productive days or month due to imprisonment while family members had to visit them in jail regularly to provide moral support, in the process losing potential productive hours they could have spent tiling their land.

Erosion of faith in the justice system: The questionable manner of effecting some of the arrests (in the middle of the night and with display of brute force as if arresting notorious criminals) result in collective anxiety of affected communities and erosion of confidence in the existing legal system. Through sustained engagement with government, particularly the Office of the Presidential Adviser on the Peace Process, DAR and other agencies. The situation has improved in many ways. The police has been a bit lenient in serving arrest warrant on farmers.

Priority given criminal cases instead of agrarian reform cases: Three Lawyers are assisting tenants in confronting criminal cases. But they are not represented in the agrarian reform cases.