UNIVERSITY OF THE PHILIPPINES MANILA

COLLEGE OF ARTS AND SCIENCES

DEPARTMENT OF SOCIAL SCIENCES

FACTORS AFFECTING THE REALIZATION OF HEALTH RIGHTS OF DUMAGATS

IN SAN JOSE DEL MONTE CITY, BULACAN

GABRIELLE S. MUSA

In partial fulfillment of the requirements for the degree of

Bachelor of Arts in Political Science

June 2016

Professor Doroteo Abaya

Adviser

2

CONTENTS

TITLE PAGE ................................................................................................................................. 1

CONTENTS................................................................................................................................... 2

INTRODUCTION .......................................................................................................................... 3

Background of Study ............................................................................................................... 3

Purpose of the Study ............................................................................................................... 5

Statement of the Problem ....................................................................................................... 6

Research Objectives ................................................................................................................ 6

Significance of the Study ........................................................................................................ 6

LITERATURE REVIEW ............................................................................................................... 8

CONCEPTUAL FRAMEWORK ................................................................................................ 11

THEORETICAL FRAMEWORK ............................................................................................... 13

RESEARCH METHODOLOGY ................................................................................................ 16

PRESENTATION OF FINDINGS............................................................................................. 18

RESULTS AND DISCUSSION................................................................................................. 25

CONCLUSION ............................................................................................................................ 30

REFERENCES ........................................................................................................................... 32

APPENDIX .................................................................................................................................. 34

3

INTRODUCTION

Background of Study

Philippines has a total land area of 30 million hectares, half of which is mostly

categorized as Forest Zone. Indigenous peoples (IPs) occupy more than 10 million

hectares of the country‘s total landmass. There are about 12-15 million IPs (as of 2015),

which comprises 10-20% of the Philippines‘ total population (which has been projected

to currently lie at 102.9 million). There are currently 112 ethno linguistic groups in the

Philippines and they are mainly concentrated in Mindanao and Northern Luzon, with

some groups in the Visayas region. IPs until now remain to be the most impoverished

and marginalized sectors of the Philippines. Like their global counterparts, they are

ranked among the poorest and most disadvantaged sector. The Human Rights Situation

of Indigenous Peoples in the Philippines (2008) cited three areas of human rights

violations experienced by IPs in the Philippines: politically motivated killings,

militarization of the ancestral territories of IPs, and the violation of their collective rights

to land and natural resources. This study gives more emphasis on the violation of their

collective rights to land and natural resources. Most of the country‘s IPs rely on

traditional agriculture utilizing the upland areas as they are push to these geographically

isolated areas due to the influx of migrant farmers, government projects and other

development projects promoted by the government.

Aside from being deprived access from their own lands, both legally and illegally,

IPs remain to be marginalized when it comes to access to education, health, and other

social services. They face displacement from ancestral lands and domains due to

development projects introduced by the state, cultural degradation resulting to loss of

4

identity, and exclusion from political processes and thus, economic benefits. Tan, Tayag

& Nadate (2014) in a study referred to this complex social dynamics as a cause for the

non-realization of the fundamental right to health of indigenous people. The main focus

of this particular study is to identify the factors included in this complex social dynamics

that applies to the Dumagats of San Jose Del Monte.

As the indigenous people‘s concept of health is different from those of non-

indigenous people, it is more difficult for them to actually practice their right to health.

Their concept of health which intertwines the mental, physical and social well-being to

that of the ―collectivities‖ they are part of (its social and cultural context) is more difficult

to realize (Tan et al., 2014). Same would then apply to reproductive and maternal health

of indigenous women. Philippines is known to have highest maternal mortality rate in

Southeast Asia; and half of the pregnancies in a year are unintended pregnancies

resulting from the unmet needs for contraception among Filipino women (as cited in Tan

et al., 2014, p. 2). As a matter of fact, issues regarding reproductive health service

delivery are more prominent for indigenous women.

With the current incorporation of the concept cultural competency in the health

service delivery in Philippines, the concept of progressive realization of indigenous

health rights is important to be discussed. ―There must always be constant forward

progress in the realization of economic, social and cultural rights (ESCR-Net, n.d.).‖ The

concept of progressive realization of rights obligations of a state was introduced in the

International Convention on Economic, Social, and Cultural Rights, in recognition of the

resource and knowledge constraints faced by countries. This doesn‘t mean that a state

would have to wait until such a time it is capable to fulfill such obligations, but instead it

5

allow a state to continually take progressive steps to achieve the full realization of rights

(ESCR-Net, n.d.).

Full realization health rights of indigenous people is quite difficult to achieve; and

the same applies to the realization of health right of indigenous women. Indigenous

women, under the concept of intersectionality of social exclusion, is more marginalized

than other sectors of the Philippine society. Not only are they marginalized as a people,

but they are further marginalized because they are women. How the state may fulfill its

obligations to achieve full realization of health rights for the indigenous peoples will be

discussed in the incoming chapters. It is important to know how the indigenous

community wants to achieve this realization and what for them constitutes the right to

health, as the researcher believes that this is a vital component of realization of health

rights

Purpose of the Study

The researcher aims to describe the social dynamics, particularly the deprivation

of ancestral lands, and how such a phenomenon further excludes them. The paper will

discuss the process exclusion brought about by complex social dynamics through

narratives of indigenous peoples regarding their experiences about the political,

economic and socio-cultural factors concerning their health (both as individuals and as

a community).

6

Statement of the Problem

How can the attainment the inherent rights of IPs to the collective ownership of

ancestral land, and subsequently the right to self-determination, enable the Dumagats

to actively participate in the progressive realization of their right to health?

Research Objectives

1. To describe the current situation of the Dumagats‘ claim to their ancestral land;

2. To describe the current health situation of the Dumagats (particularly women‘s

health)

3. To describe the interaction between the local government unit (LGU) and the

tribal council;

4. To determine the interrelation of the collective ownership of land and the active

pursuit of health rights

5. To determine the factors affecting the attainment of health rights of Dumagats in

San Jose Del Monte

Significance of the Study

The study aims to suggest a different approach of policy formulation for local

institution. It is important to consider social dynamics in crafting policies that would

genuinely promote the attainment of indigenous rights. Taking into account the rights,

perceptions of the stakeholders is vital for the progressive realization of health rights.

This is especially true for the case of indigenous peoples. Rather than assimilating them

into the modern culture of health service delivery, it would be better if the indigenous

peoples are empowered and more involved in the decision making especially on

7

matters that most concern them. Another purpose of the study is to inform policy-

makers, students, scholars and leaders about the complex social dynamics that largely

affects the indigenous peoples. The study would be helpful in the policy formulation for

reproductive and maternal health service delivery that will cater to the specific and

collective needs of indigenous women. Lastly, the study aims to empower the

indigenous peoples, the community leaders (those in the tribal council). Hopefully, this

could help community organizers to assist the Dumagats in actively and collectively

fighting for their specific and collective rights.

8

LITERATURE REVIEW

This chapter briefly discusses the history of minorization of the indigenous

peoples, normative and institutional frameworks and instruments for the protection and

promotion of indigenous peoples' rights. It also includes in the discussion few

frameworks that guide the researcher‘s inquiry and discussion of the phenomena, and

studies that have already been conducted regarding the problem.

Indigenous Peoples in the Philippines and the indigenous people’s concept of land

ownership

―The indigenous peoples in the Philippines are, to a large extent, a creation of history.

(Indigenous peoples/ethnic minorities and poverty reduction Philippines, 2002, p. 9)‖

IPs, prior to the Spanish colonization, has their own political system, customary

concepts, practices and laws. The indigenous concept of land ownership is that of

collectivism. They do not have a concept of private ownership and they consider their

land to be owned by the community as a whole. Along with the Spanish colonization in

the country is the start of the minorization of the indigenous peoples which have

originally occupied the land. The Spanish colonizers introduced new laws and system

that contradicted the indigenous practices and denied the IPs access to their own lands.

Regalian doctrine was introduced through different economic policies, which then

pushed the indigenous peoples who refused to be assimilated to geographically isolated

areas. Despite the colonial policies being introduced by the Spanish colonizers,

unassimilated indigenous communities continued to practice their customs and laws

regarding their community, land ownership etc. The Regalian Doctrine was further

9

perpetuated during the American colonization through different policies (such as the

Land Registration Act, Mining Law of 1905 Public Land Acts 1913, 1919, and 1925), all

of which ―legally‖ deprives IPs of their own lands (Indigenous peoples/ethnic minorities

and poverty reduction Philippines, 2002).

Currently, normative and institutional frameworks and instruments for the

protection and promotion of indigenous peoples' rights exist. Philippines is a signatory to

a number or international treaties which includes the Covenant on Civil and Political

Rights, the Covenant on Economic, Social and Cultural Rights, and the Covenant on the

Elimination of Racial Discrimination. Philippines has also showed its support to the UN

Declaration of Indigenous Peoples Rights. Under the Bill of Rights of the Philippine

Constitution, politic al and civil rights must be respected. A monitoring body,

Commission on Human Rights (CHR) was also designated for the protection human

rights.

The Indigenous Peoples Rights Act (IPRA) which recognizes the specific and

collective rights of indigenous peoples was enacted in 1997. Under this law, Free Prior

and Informed Consent (FPIC) of indigenous peoples was made a requirement before

any project or activities (especially those that may adversely impact them) can be

implemented on the ancestral land/domain.

Common barriers to attainment of health rights

A study understanding the barriers to reproductive health care among the Norris

Somali women in Columbus Ohio found that Somali immigrants in the US have low

levels of preventative health care utilization, particularly the lack of utilization of

10

reproductive health services which negatively affects the women (their children and their

families) and the communities as well. This particular study characterized the barriers

faced by Somali women and comprehensively assess them. These barriers include

challenges related to culture, language, education, logistics, medical literacy,

discrimination and other barriers (Norris et al., 2014). This study would then be used for

potential programmatic interventions to provide Somali women better access to

reproductive health-services that are culturally sensitive and evidence-based.

One study is on the sexual beliefs and reproductive health of Ata Manobo of

Davao and Higaonon of Bukidnon by Tan et al. (2014). This ―participatory action

research guided by grounded theory, post-modern and feminist frameworks‖ validated

the lack of awareness of family planning methods and other reproductive health

concepts of these IP communities. It was found in the study that the likely non-access of

indigenous women to reproductive health services are misconceptions about the

services, interference of husband, non-acceptability of traditional and modern practices

of contraception to the community.

This study uses the same methods used by Tan et al. (2014) which is a

community based research. The study focuses on the reproductive health and the

barriers to access of indigenous women, it also focuses on the realization of health

rights (with emphasis on maternal and reproductive health) as pursued by the state but

aligned to that of the perception of the Dumagat women. In the process it also tries to

characterize the perceived barriers as the study on Norris Somali women did.

11

CONCEPTUAL FRAMEWORK

The main elements discussed in the study are the factors affecting the health of

Dumagats. Three main factors are identified in the study, namely: political and

administrative in which the local government unit, tribal council and solidarity groups

play huge roles, displacement of Dumagats from their own lands due to the land

grabbing both by public and private actors and sociocultural issues which is primarily

concerned with the cultural degradation brought about by a multitude of reasons. The

12

land, which forms part of the identity of indigenous peoples, is very vital as all rights

stem from the land. This includes the right to self-determination and ultimately the right

to health, among other rights. The aforementioned factors and their complex dynamics

affect the attainment of the rights of the Dumagats. But aside from affecting the

attainment of rights, these factors also affect the health of the Dumagats, both on an

individual and a community level.

13

THEORETICAL FRAMEWORK

As Morris and Bunjun explain, ―in order to understand how anybody has come to

their current situation, we need to understand the past (history/colonization)‖ (2007, p.

1). They further argued that, ―It is important to acknowledge multiple realities, and not to

―essentialize‖ any group, that is, not to treat any group as if all its members are exactly

the same and have the same experiences, view and priorities‖ (Morris & Bunjun, 2007).

This is the basic framework in which this paper will use to study the reproductive health

of the Dumagat women.

As for the theoretical construct, the basic framework is the intersectionality of

social exclusion. Intersectionality of social exclusion, provides a framework for

understanding the complexity of experiencing exclusion from a multitude of groups in

which a person belongs to.

―In almost every society and region of the world, certain groups of people face

systematic social exclusion as the result of multiple inequalities that constrict their life

chances. These include:

Cultural inequalities: forms of discrimination and ‗de-valuation‘ that assign

members of these groups lesser status and worth than others;

Spatial inequalities: such groups frequently live in places that make them

harder to reach, or easier to ignore

Economic inequalities: these groups are often disadvantaged by an unfair

distribution of assets and opportunities; and

14

Political inequalities: they are deprived of voice and influence on the critical

issues that affect their lives and their communities.

Each of these inequalities is a source of injustice in and of itself. But it is the mutual—

and intersecting—nature of these inequalities that reinforces the persistence of social

exclusion over time (Kabeer, 2014, p. 5).‖

The intersectional feminist framework will be used for women‘s health. However

this study borrows concepts from sex-and-gender-based analysis since it is crucial to

determine how health or diseases processes differ between men and men and among

women in order to fully understand barriers to women‘s health. For example, in the

Women‘s Health Research Network‘s Better Science with Sex and Gender: A Primer for

Health Research, gender is viewed as culturally shaped and historically specific

(Johnson et al., 2007). Such a framework is important to understand health inequities.

As for the intersectional feminist framework, it ―provides the theoretical foundation for

the pursuit of social justice.‖ Different from other frameworks used in women‘s health

studies since it considers the complexities of identity formation (as cited in Hankivsky &

Cormier, 2009). The human rights-based approach to health basically states that people

are entitled to the highest attainable standard of health which is referred to in short as

“the right to health”.

This study uses the intersectional feminist framework as well as the human

rights-based approach to health as a guide for the researcher‘s inquiry. However, this

study will adopt a constructivist grounded theory approach that would allow the

researcher to co-construct together with the respondents a grounded theory that will

15

emerge from the data. This study will use data gathered through in-depth interviews and

focus group discussions.

It is important however, to note that since this is a community-based research

and employs a case study design combined with grounded theory analysis methods.

The aforementioned frameworks are used to guide the nature and direction of inquiry,

research questions, data collection and analysis, and findings. The next chapter will

discuss the methods that will be used in this study.

16

RESEARCH METHODOLOGY

This study will be a community-based research which is ―conducted by, for or

with the participation of community members.‖ Community based research aims not

merely to advance understanding, but also to ensure that knowledge contributes to

making a concrete and constructive difference in the world‖ (as cited in Hankivsky &

Cormier, 2009). Community-based research is also known as ―participatory research‖,

―participatory action research‖, ―action research‖, ―cooperative inquiry‖, ―participatory

evaluation‖, ―empowerment evaluation‖, among others. This design would enable me to

conduct research that will benefit the participants either through direct intervention or by

using the results to inform action for change‖ (as cited in Hankivsky & Cormier, 2009).

The research method that will be used in this study is constructivist case study

approach which employs a case study design combined with grounded theory analysis

methods. This allows for an in-depth exploration of the concepts and phenomena to be

defined within context of a theoretical framework. A constructivist case study design is

similar to the usual grounded theory in the sense that the researcher is ―the primary

instrument of data collection and analysis assumes an inductive stance and strives to

derive meaning from the data‖ (as cited in Mitchell Jr., D., 2014). But in this approach

the ―researcher helps co-create the theory based on their interactions with the

participants‖ (as cited in Mitchell Jr., D., 2014. This enables the researcher to structure

interview and focus group questions with pre-conceived thoughts and beliefs.

Furthermore, the researcher in a constructivist theory approach can guide the nature

and direction of inquiry, research questions, data collection and analysis, and findings.

17

This would allow the readers to understand the stance of the researcher as the theory is

guided by a framework that espouses the researcher‘s worldview.

This study utilizes purposive sampling of women in based on a criteria based on

capacity and willingness to participate in the research. The sample will contain 15

Dumagat respondents. The chosen study site is the Dumagat community in Sitio

Karahume, San Jose Del Monte City, Bulacan. This study uses interviews (both

structured and non-structured) and focus group discussions for the collection of data.

The grounded theory method will be used in the analysis of the collected data

from the community respondents. The focus group discussions and key informant

interviews will be audiotaped and transcribed verbatim. Triangulation of data will be

done by comparing the data to that of other case studies, be it local or international, and

government reports. Validation of data will be conducted with barangay health workers,

the community midwife (should there be a community midwife), city and municipal

health officers and other authorities.

Permissions from the National Commission on Indigenous Peoples (NCIP) will be

secured and courtesy calls to community leaders and the partner organization (Alyansa

ng Magbubukid sa Bulacan-San Jose Del Monte Chapter) will be made prior to field

visits and field data gathering. Written voluntary consent that preferably would be

translated to the language spoken in the community will also be taken before interviews

and confidentiality, anonymity and respect for persons were assured.

18

PRESENTATION OF FINDINGS

History of ancestral domain

In the history of Bulacan, the Dumagats are clearly the original occupants of the

mountainous areas of the province. It has also been proven that in the year 1800s, they

were already roaming around the towns of Angat, Santa Maria, and San Jose Del

Monte Bulacan. Before the construction of the Angat Hydro Electric Power Plant in

Norzagaray, the Dumagats have frequently been in the town proper to trade their

produce like rattan, almaziga and variety of things that can be gathered in the woods.

According to accounts of the Dumagats of Sitio Karahume, their ancestors used

to live peacefully in their settlements which they called Makarasa. They lived peacefully

until the Japanese occupation in World War II. Due to fear from the Japanese they flee

from Makarasa and their community was forcibly separated, other Dumagats took

refuge in the forests of Norzagaray, Quezon and Rizal. After the Japanese has left the

Dumagats returned to the ancestral domain but not to their old settlement. They instead

decided to settle in Karahume, which is about a kilometer away from their old

settlement.

During the Martial Law era, they were forced to leave their ancestral domain

against their will when Manila Brickworks, Inc. (owned by a certain Puyat) claimed the

area and created a farm. They were harassed by Puyat‘s private armies, their houses

were bulldozed and burnt by these unwelcomed visitors. As all these happened during

the Marcos dictatorship, reporting these incidents would be futile since Puyat is one of

Marcos‘ cronies and the land grabbing is most likely state-promoted.

19

Most of the Dumagats were able to return to Sitio Karahume in year 2000.

Current Struggle for the rights to their Ancestral Domain

In 2003, the Dumagats of Karahume applied for a Certificate of Ancestral Domain

Title (CADT). The title has already been approved by the National Commission on

Indigenous Peoples (NCIP) but until now the Land Registration Authority has not

endorsed the title, thus making the ancestral domain of the Dumagat vulnerable to land

grabbing. During that time when the CADT was applied, there was about 105 families

residing at Sitio Karahumi.

Sitio Karahumi being located near the C-6 highway makes the land accessible

through land transportation. Consequently, this also makes the land vulnerable to

informal settlers, land speculators and migrant tenants, which is evidently the current

case of Sitio Karahumi.

Presently, there are a number of threats or hindrances to the claim of Dumagats

to their ancestral domain. According to the research conducted by the Land Research

Authority, there are about 47 title properties and survey plans located within Sitio

Karahumi. The biggest property, which is about 600 hectares, is owned by a certain

Puyat (Manila Brickworks Inc.). It now belongs to Central Bank as the property was

taken over by the Central Bank when the Capitol Bank went bankrupt. The second

largest is named after a certain Jose Garcia. His property happens to overlap that of the

property of the Central Bank. Other titled properties exist but not as large as the

aforementioned properties.

20

Migrant upland farmers and informal settlers have also flocked the area in search

of a land to till and live on. The migrant farmers do not have titles but they have tilled the

place for quite a length of time and they claim that they have the rights to the land. The

issue of the migrant farmers and other tenants was not necessarily an issue for the

Dumagats as the Dumagats were willing to lend rights to land to these people given that

they would respect the land and of course the community. Although, it should be noted

that these migrant tenants tend to settle in the land of the IPs without the permission of

Dumagats. This becomes a problem when these migrant tenants and farmers sell their

―rights‖ to the land to private entities, which is again the case in Sitio Karahumi.

Another concern would be the government projects of Department of

Environment and Natural Resources (DENR), as these projects utilizes the lands of IPs.

These lands utilized for the projects of DENR are then made unavailable for the IPs.

One of the respondents narrates that since there are lands utilized for the projects of

DENR, the lands adjacent to those cannot be used for kaingin. This becomes a problem

because they are deprived of their own lands.

Political Situation in the Area, Traditional and the Existing Political Structure

Traditional political structure of the Dumagats is composed of the league of

elders wherein they call their elder Lake. Due to influence of other groups, they adopted

and established a Tribal Council headed by the Tribal Chieftain with the tribal Council

and some selected Tribal Guards. The league of elders plays a huge role in the decision

making of the tribe as the tribal council consults them and needs their full consensus

with regards critical issues. The league of elders are composed of those who are of age

21

60 and above. They are consulted in order to promote and preserve the traditional

knowledge and wisdom, practices, law and beliefs of the tribe.

The Tribal chieftain decides on petty problems but in more important problems,

the Tribal council and the League of Elders come into the picture. The other roles of the

Tribal Chieftain are mainly external. The Tribal Chieftain must be able to submit and

follow up papers to different agencies, entertain visitors and work with the LGU.

Leadership practices in Sitio Karahume is not very complicated compared to the

political institutions existing in the national government mainly because the goals and

objectives of the Tribal Leaders is to cater to the necessities of the tribe. The Leaders

are mainly concerned with the general welfare of the members of the community.

Access to Health Care Services

Before, health care services received by the Dumagats was far less than that of

the non-IPs. Although the area was in a tri-boundary of a city and two municipalities,

medical officers seldom visit the area. They would have to rely on their families for their

hospitalization and medical needs since their meager income can hardly cover their

daily expenses, what more of their health. Most of the Dumagat Children face illnesses

due to lack of nutrition as they couldn‘t buy more nutritious food.

Department of Health, along with their trained Barangay Health Workers, from

time to time distribute medicines and conduct immunizations in the area. They also

conduct information dissemination campaign on dreaded outbreaks.

22

All things considered, the information campaign, disease prevention methods

was not adequate and so was the training with regardss to health and nutrition for the

Dumagats.

As of now, according to the accounts of Dumagat mothers, their access to health

care services is far better during the earlier years (2000-2008) as there are modes of

transport that makes the health care center fairly accessible. The health center is an

hour walk from Karahumi but is only a few minutes away from the area if one is able to

access the transportation services such as tricycle and jeepney rides. Perceptions on

the accessibility of the health care center varies among the respondents, this could

either be affected by the family income, access to modes of transport, and personal

resiliency for that matter.

With regards their maternal and reproductive health, women can access family

planning services in the barangay health center should they need it and the health

center would assist them. The mostly used contraceptive method by the Dumagats is

contraceptive injectables. Women are also aware of the No home birthing policy of DOH

and they are encouraged to give birth in the barangay health center or a tertiary

hospital, if needed, where ―their needs could be met‖.

Most of the women‘s perception of the accessibility of the health care system is

fairly positive with the exception of few women who think otherwise.

On Maternal and Reproductive Health

On an interview, Dr. Gene Nisperos (Health Alliance of Democracy, lecturer at

the UP Manila College of Medicine) highlighted the disparity between rural and urban

23

maternal and infant mortality rates thus there is a correlation between maternal and

infant mortality rates and poverty. The problem with reproductive health in the

Philippines is that the concept of reproductive health is tied to population control and

poverty alleviation; which in turn supports the flawed concept of Filipinos that the

mothers who cannot control births are the reason behind the widespread poverty in the

country. He further noted that even the Responsible Parenthood and Reproductive

Health Law is based upon such flawed concept of poverty. As for the health seeking

behaviour of indigenous women, they do not seek reproductive health services as they

have their own indigenous knowledge and practices on reproductive health. Most

indigenous women tend to give birth on their own and without any other person

intervening or if not with a help of a relative (he cited the case of the Igorot nation in

Cordillera in which the mother of the husband is the one to help the pregnant woman to

give birth). In general, indigenous women are not dependent on mainstream and

western medicine and are more dependent on their traditional healers. When asked if

he is for the incorporation of their practices in the mainstream health service delivery, he

disagreed saying, ―Hindi kasi siya either or. You can have both. The question is ‗how do

you attain that?‘‖ First, the state needs to give them access to both. This means that

they should have the freedom to choose whatever kind of service they want to access

(traditional practice or mainstream medicine). Another, the state should make sure that

their traditional practices do not endanger their lives. He also reiterated that the

reproductive and maternal health system must always be 1) gender-sensitive and 2)

culture-sensitive. He further stated that, in creating such a system, the stakeholders

must always be considered. It should be readily available, accessible and affordable.

24

As for his assessment of the recent strides of the state to incorporate the concept

of cultural competency or cultural sensitivity in the reproductive and maternal health

service delivery for indigenous peoples, Dr. Nisperos said:

―No home birthing policy is a slap-in-the-face of any culturally sensitive

pretentions of government because why would you force (indigenous) people to

go to a birthing facility when they already have indigenous practices. Two, why

would you force (indigenous) people to go to the se birthing facility without

making them (birthing facility) more accessible to them?”

In fact, this policy has paved way for local ordinances which penalizes mothers for

accessing services of hilot. In conclusion, Dr. Nisperos said that other than introducing

cultural sensitivity in reproductive health service delivery, the best way for the realization

of the right to health of indigenous women is to give them the autonomy and practice

their right to self-determination. The state has to first, support and allow them to practice

their right to self-determination and let them decide on what kind of services they would

want to access (G. Nisperos, personal communication, December 11, 2015).

25

RESULTS AND DISCUSSION

Based from the data gathered, the problems affecting the realization of health

rights of Dumagats in Sitio Karahumi can be grouped into three clusters: political and

administrative problems, issues concerning the land and sociocultural problems

(particularly the cultural degradation and the heterogeneity of the community). The

complex dynamics of the three aforementioned clusters affects the attainment of health

rights of Dumagats.

The deterioration of the indigenous knowledge, practices and culture of

Dumagats; was further accelerated by the heterogeneity of the community. The

heterogeneity of the community is due to the fact and that they were displaced from

Sitio Karahumi for years and when they finally decided to resettle in the area, non-

Dumagats have already settled in the area. Migrant farmers and settlers from nearby

cities and municipalities have entered Sitio Karahumi. As mentioned in the previous

chapters, the population of the Dumagats in Sitio Karahumi is relatively small, compared

to the population of non-Dumagats. This has brought about a change in lifestyle for the

Dumagats. Having been surrounded by non-Dumagats who have brought along with

them a different culture, the process of adopting a new lifestyle and assimilating oneself

to the foreign culture was not difficult. Cultural degradation was further intensified due to

the fact that the Dumagats are no longer situated in close proximity to each other.

As for the political and administrative problems, it is important to note that even if

the Dumagat have their own form of ―government‖, it has been thoroughly transformed

to something very similar to that of the barangay system. Although there exists a tribal

council, it is very different from what it used to be. From the accounts of the elders of

26

the community, the tribal council is supposedly consultative but this is no longer

practiced in the current council. The tribal council no longer consult the elders with

regards important matters concerning the welfare of the whole community. The

relationship of the tribal council with the local government unit, although seemingly

good, still perpetuates the mainstream view of indigenous knowledge (superiority of the

non-indigenous practices).

The relationship between the tribal council and the local government unit is

important for a quality health service delivery. There has to be communication between

the two, in order to produce policies and offer services that would cater to the unique

health needs of Dumagats in the area. The problem arises due to the fact that the tribal

council is only good for solving petty matters. Cultural degradation, which is an effect of

the increasing heterogeneity of the community over time, has caused for the

degradation of indigenous knowledge on the political and government structure of the

Dumagats. The tribal council, as already mentioned, is very much patterned to that of

the barangay system. It no longer espouses the values and ideals of the natives.

Ultimately, it fails to address the concerns of its constituents and practice self-

governance.

Based on participant observations, most of the Dumagats (when asked about the

tribal council) knows the existence of a tribal council and knows that it is a separate

entity from that of the barangay. They seem to understand that through the tribal

council, they are allowed to practice self-governance. But they also seem to have the

notion that the tribal council somehow operates under the barangay system. The widely

used example of the natives would be on solving petty crimes. According to the chieftain

27

himself, when a crime or a problem concerns the Dumagats it is first tried within the

tribal council and if the council fails to solve it, it then passes the responsibility to the

barangay.

How does this affect the health of Dumagats? Again we go back to the concept

of health governance and the complexity of the indigenous concept of health being

intertwined to the social and cultural contexts. Considering that the tribal council fails to

deliver due to a multitude of reasons, the collective health of the Dumagats is neglected.

The concept of health now then becomes the concern of the individual, this

phenomenon would then contribute to further cultural degradation and the cycle

continues. The Dumagats being dissociated from their own community on matters

concerning health, is then forced to carry the burden of the intersectionality of social

exclusion as an individual and not as a community. A Dumagat is then forced to operate

within a system where he is marginalized in terms of opportunities.

Aside from the political structure, problems concerning land is present. Same

with the problems of other indigenous peoples in the Philippines, the Dumagats in Sitio

Karuhumi is in a constant threat of displacement. There are numerous claims coming

from the public or government institutions, the private companies and the migrants.

Although the Dumagats with the help of National Commission on Indigenous Peoples

(NCIP) has already acquired a Certificate of Ancestral Domain Title (CADT), the

Dumagats are still plagued by administrative and bureaucratic processes. Until the

present, the CADT is not endorsed by the Land Registration Authorities due to conflicts

of claim within the specified land area. What‘s even more problematic is that the claims

of both the private and public actors are overlapping.

28

Most of the settlers in Sitio Karahumi live in poverty except those wealthy few

who managed to ―buy‖ rights in the area and built a ―vacation house‖. The Dumagats

being the poorest of the poor in the area, have experienced poverty ever since they

came back in the early 2000s. The usual livelihood of Dumagats in the area is

cultivation of the upland areas and stick production (which they sell to suppliers for a

small price). But with numerous claims of public and private entities on their ancestral

domain some of them are not able to cultivate the upland areas. The respondents said

that they couldn‘t use some parts of the upland areas because of a government project

of the DENR which utilizes parts of the ancestral domain. According to the respondents,

they wouldn‘t practice kaingin near those fearing that they might damage DENR‘s

project. Such use of land without the consent of the Dumagats denies the people their

right to land. This is a problem because the Dumagats are being deprived access from

their own lands. They are not given the authority to manage the resources in their

ancestral domain, which pushes those in the community to find other ways to make a

living. Allowing such projects to exist in the ancestral domain further marginalizes the

Dumagats since they are being constrained in their own lands. Allowing such use of

land to exist goes against the principle of self-determination pushed for by the

Indigenous Peoples Rights Act (IPRA), which supposedly allows indigenous cultural

communities to manage resources within their ancestral domain. Such a framework

allows indigenous cultural communities to decide how they would develop whilst also

preserving their culture.

Another claim on the ancestral domain which negatively impacts the lives of the

Dumagats and other non-IP settlers in the community is that of Waste Custodian

29

Management Inc. (WACUMAN). The area in which WACUMAN has built a sanitary

landfill is part of the ancestral domain and this negatively affects the health of the

people as the company fails to employ correct practices for waste management. This

particular issue not only denies the Dumagats the right to their own land, but also

denies them their right to a healthy and clean environment.

Displacement and non-access to their own lands not only affect the Dumagats

economically but also have a huge impact on the health and the health seeking

behavior of the Dumagats. Displacement due to the entry of both private and public

entities that utilizes the ancestral lands and domain marginalizes the Dumagats

politically, spatially, economically and culturally. As the Dumagats are pushed to more

geographically isolated zones, they are also pushed away from the social services

offered by the state and these include health services. Dumagats in Sitio Karahumi

experience inequality and are excluded first for being Dumagats, then for being poor.

Those who are sick and couldn‘t afford to visit the health center or hospitals are further

excluded from the society for being sick. The health seeking behavior of the Dumagats

is related to their perception which is influenced by their socioeconomic status—the

more privileged a family is in terms of economic, political and sociocultural opportunities

the more inclined it is to access health. As have been mentioned most Dumagats live

below the poverty threshold and this prevents them from accessing the health services

offered by the state. Most Dumagats are situated quite far from the barangay centers

and are economically deprived, thus for these Dumagats heath care services are still

inaccessible.

30

Aside from this the private companies that have displaced the Dumagats are

exploiting and destroying the environment which the Dumagats have taken care of (the

land being the primary source of livelihood). Not to mention, some of these private

companies not only degrades the environment but also threatens the health of the

Dumagats as well as the non-Dumagats settling in the area.

CONCLUSION

Indigenous peoples in the Philippines have experienced a long history of

marginalization and social exclusion which dates back to the period of colonization. The

marginalization experienced by the Dumagats in Sitio Karahumi mirrors the situation of

the indigenous peoples all over the Philippines. Even with IPRA enacted into law and

the Philippines being signatories to international agreements or treaties that promotes

the rights of indigenous peoples, IPs in the Philippines remain to be the most

marginalized sector of the society. It is clear that the government is lacking in terms of

fully realizing the rights of indigenous peoples in the Philippines.

The health-seeking behavior of the Dumagats in Sitio Karahumi says a lot about

the Philippine Health System. As the health system is inefficient and inaccessible,

Dumagats (especially those living in the upland areas) opt to remedy sicknesses

through traditional medicine than seek health services offered by health centers and

hospitals.

The land forms part of the identity of indigenous peoples. The ancestral land and

domain of the indigenous people is very vital in their development. In the case of the

Dumagats of Sitio Karahumi, their right to collective ownership of land is not fully

31

practiced, thus compromising the attainment of other rights since they are denied

access to their own lands.

In the end, the state must prioritize the development of the indigenous peoples

over the interests of businesses. The state must be able to fully realize the rights of the

indigenous peoples and provide them necessary programs, assistance in order for them

to practice their rights.

32

REFERENCES

Hankivsky, O., & Cormier, R. (2009). Intesectionality: Moving Women‘s Health

Research and Policy Forward. Vancouver: Women‘s Health Research Network.

Johnson, J. L., Greaves, L., & Repta, R. (2007). Better science with sex and gender: A

primer for health research. Vancouver: Women‘s Health Research Network.

Kabeer, N. (2014). The challenges of intersecting inequality. E-Bulletin of the Human

Development & Capability Association: Group inequality and intersectionality.

Retrieved 7 May 2016 from https://www.odi.org/sites/odi.org.uk/files/odi-

assets/publications-opinion-files/9173.pdf

Liddle, C. (2014) Intersectionality and Indigenous Feminism: An Aboriginal Woman‘s

Perspective. Retrieved 1 December 2015 from http://postcolonialist.com/civil-

discourse/intersectionality-indigenous-feminism-aboriginal-womans-perspective/

Mitchell Jr., D. (2014). Advancing Grounded Theory: Using Theoretical Frameworks

within Grounded Theory Studies. The Qualitative Report 2014 Volume 19, How

To Article 20, 1-11. Retrieved 1 December 2015 from

http://www.nova.edu/ssss/QR/QR19/mitchell20.pdf

Morris, M., & Bunjun, B. (2007). Using intersectional feminist frameworks in research.

Ottawa: Canadian Research Institute for the Advancement of Women.

Norris et al. (2014). Understand barriers to reproductive health care among Somali

women in Columbus, Ohio.

33

Progressive Realisation and Non-regression. (n.d.) Retrieved 1 December 2015 from

https://www.escr-net.org/resources/progressive-realisation-and-non-regression

Tan, J., Tayag, J., & Nadate A.C. (2014). Sexual beliefs and reproductive health of

indigenous Filipinos: the Higaonon of Bukidnon and the Ata Manobo of Davao.

34

APPENDIX

35

APPENDIX A

Expert Interview Questions

1. How would you assess the current Philippine maternal and reproductive health situation?

2. What is needed to ensure the State‘s pursuance of the full realization of health rights?

3. How would you describe the health-seeking behavior of indigenous peoples? 4. How would you assess indigenous health service delivery as regards the four

aspects of rights based approach to health: a. non-discrimination

i. How would we assess service delivery when it comes to catering to the health needs of indigenous peoples in a non-discriminatory manner?

ii. Is it cultural responsiveness significant in indigenous health service delivery? Or are there other / more effective ways in which the state can pursue the realization of indigenous health rights?

b. progressive realization i. Are there enough policies to ensure cultural responsiveness in indigenous

health service delivery? c. content of the right to health

i. availability ii. accessibility iii. acceptability iv. quality

d. participation in decision making 5. What would be the impacts of DOH policies (MNCHN, "no home birthing

policy"/facility-based deliveries) to indigenous peoples' right to health? 6. Would an integrative approach in medicine positively affect indigenous health? If so,

how would such an approach best be implemented? a. How does the state improve indigenous patients‘ access to mainstream health

services while at the same time ensuring the protection of the distinct identity and cultural integrity of IPs?

b. How would the state best reconcile indigenous knowledge/practices and modern medicine in order to ensure good health and well-being of IPs?

36

APPENDIX B

Pahintulot sa Paglahok sa Interbyu para sa Pananaliksik

Ako ay boluntaryong lumalahok sa isang research na isinasagawa ni Gabrielle S. Musa na estudyante mula sa Unibersidad ng Pilipinas – Maynila. Naiintindihan ko na ang proyektong ito ay isinasagawa para makalikom ng impormasyon tungkol sa kalusugan ng mga katutubong ina. Ako ay magiging isa sa halos sampung (10) Dumagat na nanay na nilalayong interbyuhin para sa pananaliksik na ito.

1. Ang aking partisipasyon sa proyektong ito ay boluntaryo. Naiintindihan ko na hindi ako babayaran sa aking partisipasyon. Maaari kong bawiin at hindi ipagpatuloy ang paglahok anumang oras nang walang multa. Kung tatanggihan ko na sumali o hindi ipagpatuloy ang paglahok sa pag-aaral ay walang ibang makakaalam.

2. Naiintindihan kong karamihan sa mga iinterbyuhin ay maaaring maisip na ang talakayan ay interesante at nangangailangan ng malalim na pag-aalala. Kung sakaling ako ay hindi komportable sa anumang paraan sa panahon ng interbyu, ako ay may karapatan na tanggihang sagutin ang anumang mga katanungan o tapusin na ang interbyu.

3. Ang pakikilahok ay kinabibilangan ng pakikipagpanayam sa mananaliksik mula sa Unibersidad ng Pilipinas – Maynila. Ang panayam ay tatagal sa humigit-kumulang 30-45 minuto hanggang isang oras. Isusulat niya ang aking mga pahayag sa panahon ng pakikipanayam. Isang audio tape ng interbyu ang gagawin at kasunod ay ang pagsalin nito sa papel. Kung hindi ko nais na-irecord ito ay hindi ako makakapaglahok sa pag-aaral.

4. Naiintindihan ko na ang mananaliksik ay hindi ako kikilalanin sa aking pangalan sa anumang mga ulat sa paggamit ng impormasyon na nakuha mula sa pakikipanayam, at ang pagiging kompidensiyal ng aming panayam, bilang isang kalahok sa pag-aaral na ito, ay mananatiling ligtas. Kasunod ng mga paggamit ng mga talaan at impormasyon ay sasailalim sa mga karaniwang patakaran ng paggamit ng impormasyon sa proteksyon ng pangalan ng mga indibidwal at institusyon.

5. Nabasa at nauunawaan ko ang pagpapaliwanag na ginawa sa akin. Ako ay kuntento sa mga sagot sa lahat ng aking katanungan at ako ay boluntaryong lumalahok sa pag-aaral na ito.

6. Ako ay nabigyan ng kopya nitong liham sa paghingi ng pahintulot sa pag-iinterbyu.

Sa pamamagitan ng paglagda, kinikilala ko na nabasa at naintindihan ko ang kasulatang ito. __________________________ ________________________ Lagda Petsa __________________________ ________________________

37

Buong Pangalan Lagda ng Mananaliksik

38

APPENDIX C

KATANUNGAN PARA SA PAKIKIPANAYAM

LUPA

1. Ano ang ikinabubuhay ng iyong pamilya sa ngayon? Nakasasapat naman ba ito? 2. Bilang isang Dumagat, ano ang nakikita mong kahalagahan ng lupa? Ano ang

maaring gawin sa lupa? 3. Ano ang ibig sabihin kapag sinabing lupang ninuno? 4. Kailangan bang pangalagaan ang lupang ninuno? Bakit o bakit hindi? 5. Ano ang konsepto ng pagaari ng lupa ng mga Dumagat? 6. Ano ang pagkakaintindi sa Certificate of Ancestral Domain Title? Alam ba ang

Certificate of Ancestral Land Title? 7. May mga karapatan bang nakapaloob sa Certificate of Ancestral Domain Title?

Kung mayroon, ano ang mga ito? KULTURA

1. Ano ang alam mong kultura ng mga Dumagat? 2. Nagbago na ba ang kulturang ito? 3. Sa mga kabataan makikita pa ba ang mga nakagawiang ng mga ninuno? 4. Ano ang kultura ng mga Dumagat pagdating sa lupa? Pagdating sa kalusugan? 5. Mahalaga ba ang kultura para sa tribo? Ano ang ginagawa ng mga namumuno

upang mapangalagaan ito? KARAPATAN

1. Ano para sa iyo ang karapatan? Ano ang mga nakapaloob dito? 2. Ano ang kailangan para makamit ang mga karapatan? 3. Sa iyong palagay, nakakamit mo ba ang iyong mga karapatan? 4. Mahalaga ba ang gobyerno sa pagkamit ng mga karapatan? Ang tribo ba ay

makakaambag sa pagkamit ng karapatan? KALUSUGAN (Mga Ina)

1. Ano ang kahalagahan ng kalusugan para sayo? 2. Bumibisita ka ba sa health center? Bakit? Ano ang mga serbisyong nakukuha sa

health center? 3. Nasaan ag pinakamalapit na health center? Paano ito pinupuntahan? Malayo ba ito

o malapit? 4. Kumpleto ba ang mga serbisyo sa health center? 5. Ilang oras ang igugugol upang tumungo sa health center makakuha ng serbisyo?

May nagagawa pa ba pagkatapos makabalik galing health center? Para sa mga hindi pa ina

6. May nalalaman ba tungkol sa family planning? Ano ang mga paraang nalalaman? 7. Bakit sa palagay mo gumagamit ng family planning? Ano ang iniiwasan? Para sa mga ina

8. Ilan na ang anak? Nagfamily planning ba sa bawat panganganak? 9. Ano ang alam na mga paraan ng family planning? Ano ang nasubukan na? 10. Bakit ka gumamit ng family planning?

39

11. Kung gumamit na ng ibang paraan bukod sa mga natural na paraan, may mga naranasan bang side effects?

12. Naging hiyang ka ba sa paggamit nito? Epektibo naman ba ang paraan na nagamit? 13. Gaano nakatulong ang health center sa paggamit nito? 14. Alam ba na bawal manganak sa hilot at kailangan sa hospital o sa health

center/lying-in clinic makanak?

Revised Interview Questions

LUPA 1. Bilang isang Dumagat, ano ang nakikita mong kahalagahan ng lupa? Bakit ito

mahalaga o hindi para sayo? Ano ang mga nagagawa mo sa lupa? 2. Ano ang pagkakaintindi mo sa konseptong lupang ninuno?

a. Kailangan bang pangalagaan ang lupang ninuno? Bakit o bakit hindi? b. Ano ang konsepto ng pagaari ng lupa ng mga Dumagat?

3. Ano ang pagkakaintindi sa Certificate of Ancestral Domain Title? Alam ba ang Certificate of Ancestral Land Title?

a. May mga karapatan bang nakapaloob sa Certificate of Ancestral Domain Title? Kung mayroon, ano ang mga ito?

4. Ano sa pagkakaalam moa ng sitwasyon ng pag-aari sa lupa? Sino ang nagmamay-ari nito?

5. Ano ang Sistema ng pag-aari ng lupa ng mga Dumagat? Naiiba ba ito sa iba? Bakit o bakit hindi?

6. Bakit ganito ang Sistema ng pag-aari ng lupa? Ano ang kagandahan ng ganitong sistema?

LGU – TRIBO 1. Ano ang systema ng pamumuno ng mga Dumagat? Ipaliwanag kung maaari. 2. Naiiba baa ng systema ng pamumuno ng mga Dumagat sa Barangay? Bakit o

bakit hindi ito naiiba? 3. Ano ang nakikita mong ugnayan ng dalawa? Paano nagtutulungan ang mga

namummuno sa tribo at ang mga nasa barangay? KULTURA

1. May ipinagbago na baa ng kultura ng mga Dumagat noon sa kultura ngayon? Kung oo, anu-ano ito? (Makikita pa baa ng mga nakagawian noon sa mga kabataan ngayon etc.

2. Sa iyong palagay, nakabubuti ba ang mga pagbabagong tulad nito o hindi? 3. Ano ang kahalagahan ng pagapanatili ng kultura ng mga Dumagat? Bakit ito

kailangan gawin? Sa tingin mo ba may mga konkretong aksyong ginagawa ang tribo upang makamtan ito?

KARAPATAN 1. Ano para sa iyo ang karapatan? Ano ang mga nakapaloob dito? 2. Ano ang kailangan para makamit ang mga karapatan? 3. Sa iyong palagay, nakakamit mo ba ang iyong mga karapatan? 4. Mahalaga ba ang gobyerno sa pagkamit ng mga karapatan? Ang tribo ba ay

makakaambag sa pagkamit ng karapatan? KALUSUGAN

40

1. Ano ang kahalagahan ng kalusugan para sayo? 2. Bumibisita ka ba sa health center? Bakit? Ano ang mga serbisyong nakukuha sa

health center? 3. Nasaan ang pinakamalapit na health center? Paano ito pinupuntahan? Malayo

ba ito o malapit? 4. Kumpleto ba ang mga serbisyo sa health center? 5. Ilang oras ang igugugol upang tumungo sa health center makakuha ng serbisyo?

May nagagawa pa ba pagkatapos makabalik galing health center? 6. Sa iyong palagay, sapat baa ng mga nakukuha mong serbisyo sa health center?

Natutugunan baa ng iyong mga pangangailangang pangkalusugan sa tuwing ikay bumibisita?

7. Paano mas matutugunan ang iyong mga pangangailangan na patungkol sa kalusugan?

PANDAGDAG NA KATANUNGAN 8. Ano ang mga nakapaloob sa iyong karapatan sa kalusugan? 9. Mahalaga ba ang karapatan sa kalusugan? 10. Paano makakamit ang karapatan sa kalusugan? Paano malalaman kung ito ay

nakamit na o hindipa? 11. Sa palagay mo, may koneksyon ba ang pagkamit ng karapatan sa lupa sa

pagkamit sa karapatan sa kalusugan at pagtatamasa ng magandang kalusugan?

41

APPENDIX D Key Informant Interview Guide used by members of Pangkalusugan Lingkod Bayan in their Environment Investigative Mission- Health Impact Assessment in Sitio Karahumi, San Jose Del Monte City, Bulacan.

Socio-economic and Health Impact

1. Ano pong pangunahing pang-kabuhayan ng pamilya niyo ngayon? Gaano na po kayo katagal sa trabaho na ‗yon? May iba pa ba kayong pinagkukunan ng kita?

2. *Kung nag-iba ng trabaho,* Ano pong nagtulak sa inyo para mag-iba kayo ng trabaho?

3. *para sa nag-iba ng trabaho at hindi* Magkano ang abereyds na kinikita niyo sa isang buwan? Nagbago ba ito simula noong magkaroon ng basurahan at/o sunugan ng goma sa inyong lugar?

4. Sa tingin niyo po ba ay nakaapekto ang pagpasok ng basurahan sa kabuhayan ninyo?

5. Sa tingin niyo po ba ay nakaapekto ang pagpasok ng sunugan ng goma sa kabuhayan ninyo?

6. Nagdulot ba ang pagpasok ng basurahan at/o sunugan ng goma ng pagbabago sa pamumuhay ninyo? Pag-alis o pagpasok ng mga tao sa komunidad?

7. Nakaapekto ba ang pagpasok ng basurahan at/o sunugan ng goma sa inyong seguridad at kaligtasan sa loob ng komunidad?

8. Nakaranas ba kayo ng kahit anong porma ng panggigipit mula nang pumasok ang mga operasyong ito?

9. Nakakaranas ba kayo ng kakaibang amoy simula noong magkaroon ng sunugan ng goma at/o basurahan dito sa lugar niyo? Sa tingin niyo ba ay nakaapekto ito sa inyong kalusugan?

10. Saan po kayo kumukuha ng tubig inumin at panluto? 11. Saan po kayo kumukuha ng tubig na panligo at panghugas? 12. May napansin ba kayong kakaiba sa lasa o itsura ng tubig simula noong

magkaroon ng basurahan dito sa lugar niyo? Sa tingin niyo ba ay nakaapekto ito sa inyong kalusugan?

13. Saan po kayo kumukuha ng inyong pagkain? Isda? Gulay at prutas? Bigas? 14. *Kung sa komunidad, *May napansin ba kayong pagbabago sa mga tanim o

huli niyo? Sa tingin niyo ba ay nakaapekto ito sa inyong kalusugan? 15. Anu-ano ang mga sakit na nakukuha niyo simula noong magkaroon ng

basurahan at/o sunugan ng goma dito? Iba o parehas ba ito sa mga sakit ng komunidad bago dumating ang basurahan at/o sunugan ng goma dito?

16. Sa inyong palagay, dapat bang manatili ang basurahan at/o sunugan ng goma sa inyong lugar? Bakit o bakit hindi?

42

APPENDIX E

Audio Transcription

Audio recordings are not transcribed verbatim Transcriptions in this part are prepared by members of Pangkalusugan Lingkod Bayan. Divina del Rosario (Kalipi ng Maralitang Dumagat sa Lourdes Neighborhood Association Incorporation -- treasurer) Profile

64 years old, 12 years living in Karahume, has 5 children, plants vegetables for a living

Originally from Camarin Caloocan, only went to live in Karahume because of her faith (God-given dream)

―Puro batuhan dati dito [Karahume], nagtatanim-tanim lang kami‖ Regarding Rubber Melting Facility

Plants: Due to the pollution brought about by the (illegal) facility, the leaves of her plants darkened, their harvest of papaya fruits came to a low.

―Ewan namin kung sino ang nagpasunog‖ Regarding Wacuman Landfill

Diseases: She said that the children frequently experience cough, pulmonya, broncho/bronchitis

Tata Kambal‘s daughter, Rosanna, died because of a pulmonary disease (pulmonya)

The landfill‘s smell is really repugnant -- ―parang patay na daga‖

Whenever Wacuman sprays the landfill with chemicals (ex. December 2015), the flies infest the residential area

Local workers of the Wacuman landfille scavenge for hose, dextrose, syringes, etc. (possibly reselling it??)

Despite the info that the landfill was supposed to stop their operation by early January, daily trucks still go to and fro the site. Sometimes, the garbage falls off from the trucks and is left on the road

They now buy mineral water because their water supply is not safe for intake anymore.

Regarding Land Grabbing Issue

They already asked for government help (DENR, NCIP) but there was no action from the agencies.

History: This is the 5th time that the Dumagat people are being driven away/bought off from their ancestral land (1817 hectares), so most of the Dumagat residing at the area are actually previously displaced.

43

***KAMADULNAI side of the issue

―Kalaban namin yan [katutubo], nakakakuha na sila ng pera.‖

―Ang mga tao ang lumalapit, hindi ang BSP.‖

―Dapat ang unang magtanggol sa amin o sa kaniyang kabalat ay ang kapitan (Marcial Ganaban) pero siya ang unang nagbubuyo/nakikipursyento‖

According to them, Kapitan has a house worth millions + car, but with only a 5k monthly salary.

The Dumagat Chieftain is allegedly saying ―magpabayad nalang kayo para at least mayroon kayong pera kapag umalis‖

However, when people are given money in exchange for their lands, they build better houses instead of leaving.

―Silang mga katutubong dapat magmalasakit sa kanilang lupa ay una pang bumigay. Natakot sila sa harrassment, naakit sila sa pera. Para sa akin ang mga tribo tulad ng sa Zambales ay dapat nagkakaisa. Iba talaga mangusap ang pera sa tao.‖

Proposed Developments

Stop mass logging (and charcoal making), plant instead.

A big factor hindering the unity of the community is their lack of livelihood. Given a proper income, there would be less need to sell their land.

Major problems: livelihood, pollution Security

―Wala basta mabait ka lang. Hindi naman sila basta-basta nanakit, may hatulan din naman sila.‖

There is a helipad at Mt. Balagbag used by the military and rich people.

Wacuman Mining rumor - We personally went to the site at Area B, and had a chance to meet the workers. They said they were conducting a drilling test to see if they can erect buildings there. We only saw 2 holes out of the 100+ they are about to drill. The workers‘ were only contracted by their agency to do the job, thus they have no information about whom they were working for. **Note that the soil testing/sampling is only done if they building will be three stories or higher.

Agustina “Tinay” Pinero (KAMADULNAI secretary) Profile

Livelihood: plants vegetables, owns 8 pigs, worked abroad from 1982-1889

Currently 56 years old

Became a worker for the Puyat family during the Marcos regime History

When the Puyat family came, Karahume was already inhabited by the Dumagat (who were living there since the 1930s). They were offered jobs.

44

But they were also harassed: they bulldozed their houses, their leaders were tortured via private armies and forced to flee, they knew that the IP are afraid of guns/conflict

**anecdote: ―Mayroon nga namalengke lang pagbali nakasabit na sa puno yung anak niya dahil sinuro na yung bahay niya.‖

―Hindi naman namin maisumbong sa gobyerno dahil gobyerno ang may gawa nito.‖ Note that the Puyat is a Marcos crony.

They [Puyat] had a 25 year contract with the DENR and isolated the area. They put up there the Manila Pineapple Corporation, Planters Farm, King Louis flower shop (hatchery), laboratories, mushroom and rose plantations, Philippine Breeders Association, etc.

Ka Tinay worked at the Asia Synthetic Corporation for one year only because the workers had a union lobbying for higher pay.

Karahume Elementary School transferred to the nearby Manila Bricks (place). The Dumagat were relocated at Kawate (?) but they are bought off by the BSP now.

The Puyat business was left bankrupt, only some of the buildings remain. Since this land was land-grabbed by a Marcos crony, the land was transferred to BSP after the regime.

Ka Tinay says that ―unclear ang claim ng BSP – walang pinagmulan ang kanilang title‖

Land grabbing is connected to illegal logging since the increased demand for lumber

Ka Tinay went abroad for 7 years to lie low and also because of the harrassment she experienced. When she returned to the country, Puyat and Villar already signed a Memorandum of Agreement (MOA) stating that the land would be theirs in 5 years‘ time, using Palmera Corp. as the front.

However, the Puyat-Villar business venture (~1995) was unsuccessful. Initially, the Puyats wanted all the workers to vacate the area. However, a lot of the former workers chose to stay within the area. Some employed strategies such as working in Palmera, which is owned by the Villars.

In line with RA 8371 IP rights act (established on 1997), KAMADULNAI lead in the preparation of the requirements for a Certificate of Ancestral Domain Title (CADT) such as 3D mapping, documentation, traditional ways, graveyards, etc.

o *** but Ka Tinay also mentioned that the CADT was awarded under the Homestead Law ??

o They consolidated all the necessary documents so that 1817 hectares of land will be granted with CADT.

Present tribal councils did not participate in those efforts to claim rights of their ancestral domain. However, after KAMADULNAI‘s struggle to process CADT, the tribal people returned to SJDM, settled in their lands, and established a tribal council that is not under the jurisdiction of the barangay.

45

o This situation eventually became problematic. The tribal council members were not fully aware of the history of the land and of the laws on ancestral domain.

o Tribal leaders established another organization which somewhat competed with KAMADULNAI. Also, most government leaders and organizations preferred to communicate with this new organization since it is led by the tribal people. This caused animosity between the two organizations.

This organization is not registered under SJDM. The tribal leaders chose to register it under Montalban, Rizal. → bogus organization

This new organization received compensation (P40, 000 / hectare of land) from DENR so they can conduct greening projects. However, the funding for the local implementation of the project is only at P12, 000 / hectare of land. What‘s worse is that the project really didn‘t push through. Most of the plants (bamboo) were just dumped in streets.

They believe that there is a conspiracy between Roger Encarnacion (OIC of City Environment and Natural Resources Office [CENRO] and tribal council.)

1999: KAMADULNAI decided to temporarily halt their operations since two of its members were already killed: 1) Ka Vangie‘s husband; 2) Ka Tina‘s husband

o 2004: 1817 hectares were awarded with CADT; however, original copy of this CADT is still with NCIP; organization only has a certified true copy

2004: NCIP commissioners‘ graft and corruption cases → massive layoff of NCIP commissioners and officers; Office of the President for Indigenous People (OPIPA), under the leadership of Howard Dee, took over NCIP‘s role and built a secret team to investigate all CADTs to be claimed → accelerated processing of CADTs

o *** According to the internet, there is no such thing as OPIPA. Also, Howard Q. Dee is the former Philippine Ambassador to the Vatican, former president of Unilab. He served as GMA‘s Presidential Adviser on Indigenous People

o KAMADULNAI was able to directly contact Howard Dee since the association asked help from a priest who is a good friend of Howard Dee

o CADT was awarded by 2004; however, up to now, the original document is still with NCIP; the organization was only able to procure a certified true copy of the document [WHY? according to NCIP, the CADT is still not registered]

late 2004: Due to numerous threats, the organization decided to temporarily halt activities for 4 years

2008: Ka Tina returned. BSP claimed that 700 hectares of the 1817 hectares granted via CADT overlaps with BSP‘s land.

o Residents of SJDM are wondering why BSP owns lands.

Currently, the Dumagats are experiencing their 5th cycle of harassment and fighting for their land.

46

2008: Wacuman was built. They convinced the people to allow the establishment of the landfill because they claimed that they would provide people with jobs. However, these ―jobs‖ turned out to be inappropriate for the people, since they are not used to scavenging trash.

o ―Nagkakasakit ang mga tao kasi hindi sila sanay sa mabaho at marumi.‖ o The establishment still operates even without permit (2013 to present). o Wacuman has tax declarations for lands 1 to 3. However, they are paying

these taxes to the local government of Norzagaray and not to that of SJDM, even though their official address is under SJDM.

There is conspiracy between Wacuman and Norzagaray leaders.

Current actions of KAMADULNAI: File a case vs. barangay captain (DILG) and vs. Wacuman and Governor (Ombudsman)

o Barangay Captain chose to recognize title of BSP instead of CADT. o Barangay Captain and Tribal Chieftain (Marcelino San Jose) also burned

the documents for CADT and redbook prepared by KAMADULNAI. o People do not recognize their Barangay Captain and Tribal Chieftain

because they are not well-informed about the issue on CADT. ―sumuko sila sa CADT‖

The people are bothered with the numerous drilling sites. One curious citizen went to a drilling site and smelled a sampaguita-like fragrance. The next day, he was rushed to the hospital and died within 2 weeks.

47

Key Informant Interview with Kagawad Marti Macatangay Around 9am, 01/02/16

Bangko Sentral supposedly owns San Isidro, from seized assets of Puyat

Dec 2015(?), the land should have already been cleared o Residents with certification from the Barangay Captain will receive

compensation and will be relocated in Barangay Paradise 3 o It was found out that not all those given certification were actual residents

and landowners Those from outside the Barangay can easily ask the Barangay

Captain to sign their certification o In transactions through (real estate) agents, compensation was not

received in full by the landowners **the residents will only be shown the check and will not be able to

hold it They will be accompanied to the bank to cash/deposit it Part of it will be already deposited to the agent‘s account Agents are also residents

o The giving out of compensation was halted o *** From BSP: Louie and Dionido

Construction of the relocation site is currently halted since the Brgy Captain of sa

However, there are speculations that BSP is being used by (Mark) Villar to acquire land to be converted for Ecotourism, as in the city plan of SJDM

o The agricultural land is to be converted to commercial o Clearing out the residents will make the application for a Conversion Order

easier as there will be no one to complain/fight

Regarding the Wacuman Landfill o Wacuman is asking for compensation worth P600 M for it to stop

operations o Garbage is still currently being deposited at the site

20 trucks x 3 trips o Mayor San Pedro of SJDM profits from allowing Wacuman to operate (by

letting them win the bidding for land prior to its construction) Also previously allowed the construction of a Globe cellsite Gains from these are exhibited in the form of expensive housing

o Residents of Norzagaray do not complain about the landfill Wacuman is owned by their Vice Mayor Legaspi ** VM Legaspi and Mayor San Pedro are cousins VM Legaspi plans to run for Mayor this elections, the compensation

received for the landfill will be useful o The site is expected to close on its own due to the compensation o Construction supplies are not permitted inside the are

Small landowners/residents are aimed to be removed before the big landfill

ANECDOTE: SEP 2015 (?) o Ka Marti was only once able to go inside the landfill area because of an

accident involving a garbage truck that dumps in the landfill and a passenger vehicle

48

o He demanded accountability from Wacuman however they responded by saying that it was not within their jurisdiction and that they do not have any responsibility to the victims

o They offered to not allow said truck to dump in their site anymore o Ka Marti refused saying that all the more the people will not be

compensated for the accident if the truck will not go there anymore. He demanded for them to hold operations.

ANECDOTE: KA MARTI‘S LAND o Ka Marti lost the case for his land o There was a ―lapse‖ in the issuing of the notice to vacate from the judge o (?) There was still no answer before issuing the notice (?)

Dumagats (?) o IPs already received compensation o DENR + NCIP does not permit selling of ancestral lands

VIllar through BSP o Their Datu filed a lawsuit

Compensation o With plantation: higher value o Without plantation: 20 pesos/sq m o With relocation o At ―sentro‖: only about 5 has agreed to receive compensation because

most are with CLOA

On interviewing residents, sari-sari store owners near the landfill, Ka Marti says that they receive payment from the WACUMAN management and therefore, may not give truthful answers

o Some also work for landfill, scavenging (?) for ―recyclables‖ and expired goods

Scavengers are employed on a daily basis, they surrender their findings to WACUMAN who themselves find buyers

Hospital wastes such as tubings are washed and sold, syringes were found in the near river

o Different types of wastes are collected in one site, not separated from each other

The landfill is not completely covered, land is only lightly scattered above the garbage

In the beginning, the waste being deposited included expired food and rejected produce

Hospital waste was added in later

Currently, waste from Pozo Negro is also being deposited at/near the site (?) o **waste from Taguig

The rubber melting plant was raided and burned and is now non-operational.

A river is 500 m away from the landfill, going down the slope o **the rubber melting plant is closer to the river, extremely polluting it

49

16 January 2016. Around 12nn. Rodriguez, Rizal Interviewee: Eliseo dela Cruz.

Ama sa 3 anak. 2 babae, 1 lalaki (panganay; tricycle driver)

Miyembro ng Dumagat – katutubo ng lugar na iyon, na sumasakop sa Rizal at Bulacan

Isang konsehal sa Tribal Council ng mga Dumagat Pagsimula ng Wacuman

2007. Tribal council si Mr. Eliseo ng mga panahong iyon. Ayon sa mga taga-Wacuman, priority na magkatrabaho ang katutubo. Pumirma ang mga Dumagat sa kasunduan

Nagtrabaho nga sila doon, bilang tagakalkal. Kinukuha nila yung mga lata, bote, etc; mga pang-junk shop. Pero di natagalan ng karamihan sa mga Dumagat yung baho; sanay kasi sila sa sariwang hangin. (mismong si Mr. Eliseo ay nagkalkal dun, isang araw lang)

May mga Dumagat pa ring nagtatrabaho sa Wacuman, pero sa pagkakaalam ni Eliseo ay di na sa basurahan, kundi sa paggawa nalang ng poste/bakuran, o di kaya‘y pag-gwardya.

- Wala naman raw silang reklamo sa sweldo. Wacuman -> Masamang epekto sa Kalusugan?

Ang baho ng basurahan ay hindi rin umaabot sa lugar niya. Pero may mga langaw na nagsisipuntahan sa lugar nila pagka nagsespray sa Wacuman. Gayunpaman, walang umabot sa kaalaman ni Mr. Eliseo na mga sakit na maaaring direktang naidulot ng Wacuman.

o Sipon at trangkaso lang raw ang mga kadalasang nagiging sakit (note: iba ang statement na ito sa sinasabi ng ibang nakapanayam, tulad nina Ka Divina).

o May malapit na pagamutan naman, sa Sapang-Palay. May mga sapat na doktor naman. Kung hindi kaya sa Sapang Palay ay dinadala sa East Avenue o sa Malolos.

Tubig. o Kumukuha sila ng tubig ―sa tangke‖, hindi sa ilog. o Di rin naman daw naaapektuhan yung ilog sa lugar nila dahil nasa

upstream na ito ng Wacuman. o Pero naniniwala si Mr. Eliseo na tumatagas pa rin ang ―leachate‖ sa ilog

sa may downstream. May natukoy siyang ―tangke ng Biogas‖ na marahil ay tumutukoy sa Moving Bed Biofilm Reactor (MBBR) na ginagamit ng Wacuman para sa wastewater treatment. Di siya nagtitiwala rito, at sinabing may tumatagas pa rin kahit may ganoon.

Pangangamkam ng lupa ng mga Dumagat Nasasaad sa CADT (Certificate of Ancestral Domain Title) ng mga Dumagat na mayroon silang ~1800 hectares (ha) ng ancestral land. Wala pang isang taon simula nang dumating ang mga taga-BSP (Bangko Sentral ng Pilipinas), na nagnanais na makakuha ng ~700ha sa ancestral land na ito. Ang lupang ito ay may sinasakupang mga parte ng San Jose del Monte, Bulacan; Norzagaray; at Montalban, Rizal. Nang

50

tanungin namin si Mr. Eliseo kung sinabi ba ng BSP kung para saan gagamitin ang lupa, ay hindi niya nasagot nang diretso. “Gagalangin namin”

May sinabi si Mr. Eliseo na: ―nasa batas namin na binigay ni Pangulong GMA na iyong sakop ng aming ancestral o CADT na may titulo ay gagalangin namin; siguro umabot na nga doon sa kinukuha na nga ito ng BSP.‖Ilang ulit niyang sinabi na ―basta sakop kami noong titulado ay igagalang namin‖ at ito raw ang dahilan kung bakit pumayag silang umalis. Sa pagkakaintindi ko rito ay iniisip ni Mr. Eliseo na nakasaad sa batas na maaaring kunin ng BSP/gobyerno ang ancestral land ng mga Dumagat kung sa tingin nila ay kailangan ang lupang ito para sa ibang bagay.

o Note: sa susunod na bullet, pinlano rin daw nilang ―lumaban‖. Kung tama ang pagkakaintindi ko sa sinabi niyang ―gagalangin nila ang batas‖, ibig sabihin ay iniisip nilang mali ang paglaban na iyon.

o Note: Section 3a of RA8371 (IP Rights‘ Act) defines Ancestral Domain as: ―all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators.‖

Malabo ang definition na ‗to. Paano nalang kung napagmukhang ―necessary to ensure…economic, social and cultural welfare‖ ang isang govt/private project? Ayon sa IPRA baka ma-justify ang ginagawa ng BSP kung makukumbinse nila ang mga tao sa necessity ng project nila. Kumbaga magiging isang instance ito ng ―exception‖ sa ―occupation or possession by ICCs/IPs...as a consequence of projects necessary to ensure...welfare‖

Napagdesisyunan raw nilang mga katutubo na kung ipagpapatuloy nila ang paglaban at ipapamana pa sa mga kaanak-anakan nila, aniya ―baka ni kamoteng kahoy ay di na kami makapagtanim dito‖.

o Ang desisyon nila: ―ibigay natin ang ‗para sa kanila (BSP/gobyerno)‘ kung ibibigay nila yung para sa atin.‖ (note again: inisip nila na ‗para sa gobyerno‘ ang lupang iyon)

51

o Ano ang “para sa [mga Dumagat]”? Lahat ng nadatnan ng BSP sa kasalukuyan nilang tinitirhan ay dapat may kapalit sa paglilipatan nila: kalsada, paaralan, ―tribal‖ (council headquarters?), tubig at kuryente.

Sila (mga Dumagat) nalang daw ang bahala sa bahay na titirhan nila. Di nila inisip na lugi sila rito kasi kung ano naman ang presyong gusto nila ay ibibigay.

Tamang Presyo

Kung ano naman daw ang presyo na gusto ay ibabayad ng BSP.

Ayon kay Ka Gunding, ang naunang deal sa kanila (pre-haggling) ay P20 per sqm ng lupa, hindi pa kasama ang bayad sa mga nakatanim. Kung si Ka Gunding raw ang tatanungin, dapat P500 per sqm, at huwag nang bilangin ang tanim.

o May mga pamangkin si Ka Gunding na nagbenta ng 2ha for P600,000 sa tulong ng pakikipagtawaran ni Ka Gunding kay Louie Maisa (ahente ng BSP). Nakuha rin agad noong sumunod na araw iyong tseke. Sa isang BDO branch sa bayan, maraming pumupuntang mga binayaran ng BSP para magclaim. Walang naghohold-up kahit dalawa lang ang guwardiya – maaaring nakatimbre?

Di raw nagpapabayad si Mr. Eliseo dahil nakakahiya raw sa mga ninuno niya. Pero may mga sinabi rin siyang taliwas:

o ―...kapag talagang ito ay kukunin ng BSP, at maintay natin yung panahon talaga na kailangan na nila, masusunod yung bayad nila sa atin e... Pero sa ngayon hayaan nalang natin sila. Pero kung may nangangailangan odi bumigay. Kaso hintayin natin yung panahon, at ibigay namin sa tamang presyo.‖ Kumbaga mananatili sila doon hangga‘t hindi pa urgent yung ‗pangangailangan‘ na umalis sila.

o Nang tanungin kung bibigay ba siya kung sa tamang presyo, oo raw dahil iilan lang silang lumalaban (note: di niya explicitly sinabi na bibigay ―ako‖; laging ―kami‖). Bibigay nalang raw sila kesa fight a losing fight; dahil baka kahit panlipat-bahay ay di sila makinabang.

Ka Gunding comment: e yung binibigay naman nila sa ngayon di mo maipapampatayo ng bahay. ―Kapag tinanggap nila yang pera, pagkalipat nila wala nang matitira sa kanila. Kaya di na rin aalis yan, lalaban na rin yan.‖ Gusto talaga ni Ka Gunding na lumaban nalang sila at wag tanggapin ang bayad.

Hindi rin namimilit ang BSP. o Ka Gunding‘s comment: walang harassment kasi kung meron, lalaban

yung mga tao at mahihirapan ang BSP na mabili ang lupa. Syempre ay magiging mabait yan at liligawan sila.

Paglilipat

Wala pang lumilipat na Dumagat sa ngayon dahil di pa naaayos ang lilipatan. Aabot pa raw ng 5-10 taon bago maayos ang lilipatan. May proseso kasi. Wala pa ring sinisimulang construction.

Ang relocation site ng mga Unat (mga Tagalog) ay sa Barok (lugar malapit sa Wacuman). Iba ang lilipatan ng mga Dumagat (nakalimutan nila ang pangalan ng lugar, basta malapit raw sa isang nagngangalang ―Iding Iligan‖).

52

o Wala raw alitan ang mga Tagalog at katutubo roon pero pinahiwatig din ni Mr. Eliseo ang kagustuhan na magkaroon ng komunidad na puro Dumagat lang ang magkakasama.

Trabaho? Wala naman daw problema dahil di naman gagalawin ng BSP ang lupang tinataniman nila.

o Ginagalang naman daw ng gobyerno na ―sakop ng ancestral land‖ nila yung taniman at hindi ito ginagalaw.

(Although sa totoo lang sakop rin naman ng ancestral land nila yung residential areas, Section 3b of IPRA: ―Ancestral Lands…refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs… including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots‖)

o Yung taniman nila ay nasa lugar ng Reservacion, malapit sa lugar ng Baliwag at Ipo dam (?).

Rasa Surveying

Nasukat na at nasurvey na ang area na kukunin ng BSP. Rasa Surveying Company ang gumawa nito.

Paano nakapasok? Ayon kay Ka Gunding walang maipakitang court order ang mga taga-Rasa noong hiningi niya. Bago nakapasok yung mga Rasa surveyors, matinding pakiusap ang ginawa ni Louie Maisa

o Louie Maisa - ahente ng BSP/ pinaka-kinatawan ni Atty. Dionido ng BSP (may abogado rin ang mga Dumagat galing sa NCIP.)

o Kondisyon ni Ka Gunding para papasukin ang mga taga-Rasa – ilagay sa kasunduan na hindi siya nagpapabayad.

o Ka Gunding (NV): Di naman ako magpapabayad e, hayaan mo silang makita yung laki ng area ko diyan na 14ha.

Ayon kay Ka Gunding, inisip niya na marahil ay kailangan daw nila ito para maipresenta at nang makakuha sila ng badyet na maipapambayad sa mga tao. Sa pagkakaintindi ko ay parang pinayagan na niyang makapasok para makatanggap na rin ng bayad ang kung sino mang gustong magpabayad.

o Maipresenta kanino? Sa mga malalaking taong ginagamit lang diumano ang pangalan ng BSP?

Ginagamit lang ang pangalan ng BSP?

Naniniwala sina Eliseo at Ka Gunding na ginagamit lang ang pangalan ng BSP, at may malaking taong nagtatago sa likod nila. Ang ideya nila ay isa o lahat sa mga ito: Villar, Araneta, Henry Sy. Kaya malaki ang budget. (P7Billion diumano ang budget para sa tinatawag na ―Lot 1‖ sa Brgy San Isidro).

o Sinasabi ng Rasa na BSP ang nag-hire sa kanila. Pero maaaring na-brief na kasi sila. Ang Rasa ay surveyor talaga ng Palmera, na pagmamay-ari ng mga Villar, kaya maaaring ikonekta sa mga Villar ang Rasa.

Ayon kay Ka Gunding, naniniwala siya na ang BSP ay tagatago lang ng titulo sa mga deals na tulad nito, at may private entity sa likod nila na talagang magmamay-ari ng titulong iyon. ―Walang bangko na bumibili ng lupa. Kung ako‘y

53

isang mayaman na may lupa, icocollateral ko lang iyon para makautang ako ng pera. Tagatago lang ng mga titulo yan. Kumbaga doon mo lang idedeposit, kung may ginto ka doon mo dalhin; kung may titulo ka doon mo dadalhin. Ang BSP wala namang pera yan, tagatago lang yan.‖

Nagkakaisa ba ang mga Dumagat?

Nagkakaisa ba ang mga Dumagat na dapat kanila ang lupa? Mukhang hindi, at sa pagkakaintindi ko, ay nagiging wais lang sila. Bawat panig ay mukhang may makukuha rin sa huli:

o Sa panig ng mga lumalaban: Naniniwala si Ka Gunding na nasa panig ng mga Dumagat ang batas. May nakasulat sa batas ng NCIP na para lang sa Dumagat ang lupa ng mga Dumagat, kaya kung may lumalaban namang mga Dumagat ay mahihirapan din ang BSP. Kaya posible ring yung ginastos ng BSP sa mga nabayaran na nila ay masasayang lang dahil baka maibalik pa uli sa mga Dumagat ang lupang ito. Ani Ka Gunding, ―Kunin nyo na yan habang wala pang demandahan, dahil titigil ang bayaran.‖

Pinahiwatig ni Ka Gunding na gusto talaga niyang lumaban nalang sila at wag tanggapin ang bayad. Aniya, ―Yung binibigay naman nila sa ngayon di mo maipapampatayo ng bahay. Kapag tinanggap nila yang pera, pagkalipat nila wala nang matitira sa kanila. Kaya di na rin aalis yan, lalaban na rin yan.‖

o Sa panig ng mga nagpabayad: Hindi hahayaan nina Eliseo at Ka Gunding na umalis sa lugar ang mga nagpabayad na hangga‘t hindi pa naaayos yung lilipatan, nang kumpleto sa kalsada, paaralan, kuryente, tubig, atbp. Muli, babayaran naman ng BSP kung ano ang hihingin.

54

01/17/2016, 1:45 - 3:40 pm Pulong Masa – Karahume Farmers’ Association (KFA) Agenda 1. Discussion and deliberation on current situation of farmers and of citizens not only in

SJDM but in the entire Philippines January 22, 1987 - 29th Anniversary of Mendiola Massacre [Reading: 29 Taon ng Masaker sa Mendiola (please read the Appendix → basis for discussion of persisting problems for farmers and citizens]

1) Land monopoly exacerbated crisis of colonial and feudalistic Filipino society under PNoy

2) Agricultural land conversion under the guise of ―development‖ and ―industrialization‖

o agricultural → real estate, mining, energy production o ―industrialization / rural developmental projects‖ used as justification for

land monopoly; however, countrymen do not benefit from these projects → causes farmers to become displaced

ex. (1) energy produced from solar power plant project (Ayala) will be used not to provide electricity to farmers, but for other ―development projects‖; (2) 4Ps is used to ‗brainwash‘ beneficiary farmers in Paradise, Bulacan so that they would believe that rural development means conversion of agricultural land to residential / commercial land: ―Ang mga magsasaka sa Paradise, Purok 4, ay tinuturuan ang mga na magtanim ng halaman sa paso, dahil sabi ng DSWD worker ay ‗Hindi kayo habang buhay na magiging magsasaka dahil ang mga lupa at palayan niyo ay tatayuan na ng mga gusali. Diba maganda yun dahil may development?‘.‘‖

o rural development does not necessarily mean improvement of the lives of the citizens; direct service should be provided instead

o conspiracy between private sectors and government is apparent in situations like these

3) Agricultural produce for export rather than consumption of countrymen; dependence of Filipino food consumption on exports (especially that of rice)

o usually, imports indicate lack/shortage of resources (in this case, rice); however, this contradicts data of Department of Agriculture which claims that tons of rice produced in Nueva Ecija and other areas in Central Luzon may potentially feed the entire population

o scenario: government imports rice during time of harvest because imported rice, especially those from Vietnam, Thailand, and Malaysia, is cheaper than our farmers‘ produce (mainly because of lack of government subsidy) → thus data from Department of Agriculture is actually inflated (that is, number of tons of rice include those which are imported); also, because of the huge influx of cheap imported rice, expensive locally-produced rice have no place in the market setting → a huge portion of locally-produced rice rot away in warehouses

o most land are dedicated for large local and international plantations of oil palms, rubber, bananas, pineapples, sugar cane etc. → for export

55

o most agri-technological advances (ex. tractors) are concentrated only on large plantations

o block farming also occurs; subsidy won‘t be provided unless you plant a certain crop

4) Corruption of funds for agricultural subsidy o corruption of budget of Department of Agriculture, National Food Authority,

National Irrigation Administration, and Philippine Coconut Authority [ex. (1) Coco-levy is used to build UCPB and 12 large oil mills, and by Danding Cojuanco to buy shares of San Miguel Corp.; up to now, coco-levy funds have not yet been returned to National Treasury, and thus, farmers still to not receive basic services from these funds.; (2) According to Failon Ngayon, Commission of Agriculture and Fisheries spends Php 4M / year for snacks during meetings.]

o farmers still pay irrigation fee (even during calamities and during El Nino); this irrigation fee and other additional fees may cause some farmers to use their lands as collateral for debt, thus causing them to eventually lose their land and to ‗downgrade‘ to farm workers (a.k.a. farmers without their own land to till)

o inequity in funding for irrigation (NCR, which have little to no agricultural land, receives Php 5B irrigation fund from National Irrigation Administration, while it Central Luzon, called the ‗Rice Granary of the Philippines‘ receives Php 3B irrigation fund.

o 700 M fertilizer scam during GMA period; Napoles scam during PNoy period

o AFMA (Agricultural and Fisheries Modernization Act): supposedly farmers and fishermen should receive appropriate subsidy so as to increase production rate; this ended up as a failure

5) Elections 2016 o serves as battle of different factions (ex. Liberal Party, UNA, Nacionalista,

etc.) o however, these factions only have one goal – to maintain the system in

which they will favor in → protect their own interests and those of huge businessmen which provides them with monetary support

6) US Imperialism o US government interferes with Philippine economy and finances o 90 % of banks in the Philippines are in partnership with large banks in

other nations (mainly U.S.); thus, Philippines is severely affected by economic crises of other countries

o Philippine currency is highly dependent on US dollars 7) No genuine agrarian reform programs (CARP, CARPER, Agrarian Reform and Rural Development Bill)

o Agrarian reforms started after WW II for the Hukbalahap troops. From WW II to present, there have been 11 agrarian reform programs but not one has provided enough services to farming communities

o CARP & CARPER both failed

56

o GARB is still in congress (3 hearings already; 4th hearing will occur in July 2016): includes distribution of land to farmers

8) Abuse of farmers + acts of violence towards farmers o 160 farmers were killed (2010 to present) o ex. (1) Lucilla and Roger Vargas from San Isidro were killed on Septemer

19, 2015 while they were on their way to sell their produce. They fought for their land. It has been known that before they were killed, they have been a confrontation between the couple and Singson‘s guards which didn‘t end up in a civil manner.; (2) Lumads and Mangyans (in Mindoro) were displaced by military and paramilitary forces (ex. in Oplan Bantay Laya led by General Jovito Palparan under GMA)

o ―Oplan Bayanihan‖ under PNoy: serves as a counter-insurgency program so that government may control mass action

9) Issues within LGUs and NCIP o LGUs are supposed to protect the interests of the people under their

jurisdiction. However, based on statements of people in SJDM, Barangay Captains and Tribal Chieftains even encourage the citizens to receive money from BSP in exchange for their land.

o NCIP served as ‗middle-men‘/‘bridges‘ for mining/ecotourism companies to buy land from indigenous people.

2. Laying out of activities - January 18 – 19: Koprahan sa Senado (resuming of session) - January 20: Dialogue with DENR, DAR, NCIP, SENRO, MENRO and LGUs of SJDM and Norzagaray to clarify issues - January 20 – 22: Kampanyang Magbubukid ng Enero: Protest Camp-out (Kampuhan), Solidarity Night at Vigil sa DAR + Caravan from DAR to Morayta to Mendiola + Protesta sa Mendiola - January 21: Action for Free Irrigation Service Fees - February 3: Candidates‘ Forum [Out of all the presidential candidates, only Duterte confirmed so far.] - Buong taon: Kampanyang Pakikibakang Masa - Kilos protesta para sa libreng irrigasyon

3. Panawagan at Slogan [ng Alyansa ng mga Magbubukid ng Bulacan at Anakpawis] - Ipaglaban ang tunay na reporma sa lupa at libreng pamamahagi ng lupa - Katarungan para sa mga biktima ng Masaker Mendiola

- Ibalik sa mga magsasaka sa mga niyugan ang Coco Levy Fund; Labanan ang pribatisasyon ng Coco Levy Fund and Assets

- Ipaglaban ang libreng serbisyong irigasyon - Labanan ang imperyalistang pandarambong - Katarungan para sa biktima ng paglabag sa karapatang pantao - Palayain ang lahat ng bilanggong pulitikal

- Itigil ang militarisasyon sa kanayunan; Ibasura ang Oplan Bayanihan; Lansagin ang private army

Observations:

57

- Only approximately 1/4 of the members of Karahume Farmers‘ Association (KFA) attended the meeting. [estimate by Ka Gundina] - A significant portion of the participants of the Pulong Masa are not residents of Karahume. This may explain why most of them are not fully aware of the agenda of the meeting. - Most of them are landowners and not actual farmers who till their own lands. - [Personal Observation] Most of the members of KFA do not seem to be empowered members of their association. They seem to view themselves as ‗supporters‘ of Ka Gundina‘s cause rather than members of an organization. All except 3 referred to themselves as ―miyembro ni Ka Gundina‖ or ―kasama ni Ka Gundina‖ instead of ―miyembro ng KFA‖. Quotes: - ―Dapat maasahan nating maipapatupad ng mga mamamayan ang mga batas kasi maaaring wala tayong aasahan kung aasahan lamang natin ang Kongreso. Sandigan natin ang lakas ng ating pagkakaisa at paninindigan!‖ - ―Land for the Landless, Home for the Homeless‖ - ―Sama-samang pagkilos ang kailangan.‖

58

APPENDIX F

Supporting Documents (CADT, supporting data)

59

60

61

62

63

64

65

66

67

68

69

70

71

72

APPENDIX G

Documentation (letter to community, informed consent forms)

73

74

75

76

77

78

79

80

81