“Many people were crying because of the Court’s decision. It was as if they had lost hope.”
By Francessca Abalos
Bulatlat.com
MANILA – A week before Christmas, residents of Sitio Marihangin, Bugsuk Island got a Temporary Restraining Order (TRO) that now allows those who claim land ownership to enter the island.
The TRO received on December 17 is part of nine alleged landowners’ “accion reivindicatoria” case to recover ownership of the island. It is effective for 20 days upon receipt and prevents the islanders from barring the entry of representatives of the supposed titleholders.
Failure to comply with a TRO is considered indirect contempt and may lead to fines of P30,000 ($545.45), a six-month imprisonment, or both.
The Palawan Regional Trial Court (RTC) Branch 165 in Brooke’s Point issued the TRO on December 15, four days after the December 11 hearing. It may be recalled that it took one month for the Muntinlupa court to junk the community’s injunction against armed security guards. There was also a 20-year delay in the residents’ Certificate of Ancestral Domain Title (CADT) application.
Different day, same battle
Residents of Sitio Marihangin are familiar with legal harassment and lapses. Many of their community leaders have been arrested on “grave coercion” charges, decades-old illegal fishing allegations, and cyberlibel.
They said that these developments are related to San Miguel Corporation’s (SMC) eco-tourism plans for the island that require Sitio Marihangin to be vacated.
Indigenous Palaw’an and chairperson of the Sambilog – Balik Bugsuk Movement Romillano Calo described the TRO as another way for SMC to displace the community. If everyone on the island adheres to the 20-day order, Calo said that the claimants can establish whatever structures they want.
A statement from the Sambilog – Balik Bugsuk Movement agreed with Calo, calling the TRO a legal ploy. The TRO took advantage of the Christmas break for “claimants, widely believed to be backed by [SMC] interests, [to] execute a full-scale invasion, demolition, and forced eviction of nearly 300 indigenous Molbog, Pala’wan, Cagayanen, and non-indigenous residents from Sitio Mariahangin, Bugsuk Island.”
“Many people were crying because of the Court’s decision. It was as if they had lost hope,” Calo said.
He said that they have begun to prepare for the worst case scenario with their Sambilog Chapter President Marilyn Pelayo considering the evacuation of Sitio Marihangin’s children.
Not moved
Calo noted that the residents felt sadness, annoyance, and distress. Sambilog leader and indigenous Molbog resident Jilmani Naseron expressed that they were also outraged.
Naseron said that the TRO and its hasty release failed to recognize the community’s indigenous rights: “It should not be this way. They should also make it clear that we, Indigenous People, have rights. And those rights demand that our land be returned to us, that we [be recognized] as the owners of this place, this island.”
Regardless of the court’s ruling, both Calo and Naseron stressed that the community will not allow the alleged landowners and representatives to set foot on the island.
While violence is not an option for Sitio Marihangin, they said that they will defend their land until they die. (RTS, DAA)
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