I am relishing the sweet smell of wet earth and enjoying a hot cup of coffee while writing my very first blog for this year.

Rain had always fascinated even when I was still a young boy growing up in the suburbs.

It’s nice to watch mother earth wash herself–refreshing.

On December 1, this year, COWD interim general manager Proceso Pag-ong Jr and finance manager Marilou Ondap authorized the release of P252,000 as “financial assistance and Christmas bonus” to the board of directors of the public water facility.

Together with Pag-ong and Baldelovar, celebrating a brighter yuletide season this year are Vice Chair Soc del Rosario and members Sandy Bass Sr, Bibianan Sarmiento, Ruben Vegafria and Emmanuel Malicdem.

In November 18, COWD board members approved Resolution 108-09 which according to Baldelovar was based on two Local Water Utilities Administration (LWUA) documents—Memorandum Circular 011-06 and Board Resolution 239-05.

The two LWUA documents allow water facilities in the country to “grant year-end financial assistance equivalent to the total per diems of four board meetings in a month.”

This means, each board member receives P10,500 for every board meeting in any given month.

A well-placed source, who requested anonymity, said board meetings at the COWD, lasts for three to four hours on the average.

“Depende na(It depends). But regularly they start their board meeting at 12 noon and end at 3:00 or 4:00 in the afternoon,” said the source.

“Sa ato pa, ang oras sa kada board member mu-kantidad og P3,500 (So, each board member’s hour is worth P3,500),” he added.

What this money can buy

Three thousand and five hundred pesos can buy you—one-25k sack of rice, 2k powdered milk, 2k sugar, five packs of noodles, 20 cans of sardines. The amount can also shoulder a household’s minimum monthly electric bill of P500 and monthly water bill of P150.

Even if you bought the items listed above, a person would still have an excess of P1,315.

Consumer price index

According to the National Statistical Coordination Board (NSCB 10), the consumer price index (CPI) in the region is P619 for every household, everyday.

The NSCB 10 defines CPI as a measure of change in the average retail prices of goods and services commonly purchased by a particular group of people in a particular area.

In the meantime, the Regional Tripartite Wage and Productivity Board (RTWPB 10) peg the minimum wage of non-agriculture workers at P265 per day.

Ergo, a dual minimum waged income family would still come up short to NSCB 10’s CPI.

Performance as basis for perks

City Councilor Ian Mark Nacaya, chair of the committee on public utilities, frowned at the COWD board holiday rewards.

In an interview over the phone yesterday, Nacaya said employees’ performance should be the basis of any bonus or reward.

“The board should consider what is commensurate to the facility’s delivery of services,” said Nacaya.

“There are still many areas in the city, like in Barangay 25, that do not have access to potable water. Some areas in the city proper suffer from low water pressure,” he added.

Nacaya opined that board members should consider the implications before awarding themselves with the hefty holiday perquisite.

“Unta gi-sabot sa mga board ang kahimtang. Ang katawhan nagatan-aw baya nila (The board should have considered the situation. Remember, the people are watching their every move),” Nacaya lamented.

Meanwhile, Regional Director Orland Ravanera of the Cooperative Development Authority (CDA 10) said had the water facility been a cooperative, such self-indulgent rewards would be impossible.

“If COWD had been cooperativized, that would never happen. As the board of directors could not appropriate themselves of the same which is not provided for by the general assembly,” said Ravanera over the phone.

Middle of this year, CDA, together with other cooperative councils in the city, has been in the forefront of converting the water facility into a cooperative.

However, the contingent, composed mostly of lumads from St. Peter, Malaybalay, Bukidnon, waited for almost an hour at the junction going to the camp under the heat of the searing sun as picket organizers weighed whether to breach the MP line or picket at a distance.

“We have to endure this heat even if it burns our skin because we could not take the abuses of the military in our community anymore,” Bae Lingling, a Higaonon who hails from Bukidnon, said in the dialect.

Lawyer Beverly Selim-Musni, Karapatan-Northern Mindanao chair was able to negotiate with 1Lt. Julius Ursua, commanding officer of the 4ID Military Police Company to let the contingent enter albeit 100 meters shy from the camp’s main gates.

At the gates, about 20 to 25 unarmed soldiers with anti-riot shields stood guard while 30 personnel from the Cagayan de Oro City Police Office (COCPO) spread within the vicinity.

In an interview, P/Sr. Insp. Lemuel Gonda, station commander of COCPO Police Station said their presence were to ensure the security of the contingent.

“We have deployed 30 policemen from different police stations in the city to boost security outside the camp,” said Gonda adding that their directives in dealing with the picketers were for maximum tolerance. Gonda estimated the contingent size at around 5,000 individuals.

In an earlier statement, 4ID Spokesperson Maj. Michelle Anayron said that the contingent is free to launch a rally and that they could even enter the camp but they should register first at the gates. However, because of the size of the contingent, he said they could not accommodate everybody inside.

For her part, Selim-Musni declined the invitation saying a dialogue was not part of the scheduled activity.

“I thank the 4ID for such invitation but the activity is only to stage a picket in front of the camp,” she said.

Promotion of Church Peoples Response (PCPR) Chair Fr. Antonio Ablon told local media here that the daring picket was meant to show the 4ID that the people, especially the lumads, have had enough of what they claimed as massive militarization in the countryside.

“Mianhi kita diri arun ipakita nga ang katawhan suko na sa mga gipangbuhat nga kapalasan sa military sa tawhanong katungod (We came here to show the people are angry and have had enough of the human rights abuses committed by the military),” said Ablon.

“Wala mahadlok ang mga katawhang lumad (The indigenous peoples are not afraid anymore),” he added.

Datu Jomorito Goaynon, chair of Kalumbay—a federation of indigenous peoples in the region—scored the military for the human rights abuses against their members.

Toting a bullhorn, Goaynon described the alleged atrocities of soldiers in their ancestral domains. He claimed that the massive militarizations in the countryside are just to pave the entry of foreign Mining Corporations out to plunder their ancestral domains.

“Ilang palupok na kontra insurhensya ang ilang presensya apan ang katuyoan niini para masayon na dayon pagsulod sa mga dagkong korporasyon aron i-mina ang among yutang kabilin (They justify their presence under the pretext of counter insurgency. But the real reason is for big corporation to gain entry and mine our ancestral domains),” yelled Goaynon.

Adelfa Belayong, wife of slain lumad leader Datu Mampaagi Belayong, recounted the alleged abuses their family endured under the 8th Infantry Battalion in St. Peter, Malaybalay, Bukidnon.

After an hour-long program, the contingent dispersed themselves back to their trucks and went downtown to the Capitol Grounds, Velez St., this city, where they had their lunch.

In the afternoon, the entire contingent of 5,000 marched towards Kiosko Kagawasan in D. V. Soria. From Capitol Grounds they passed the national highway then took a left turn towards Cogon Market, then using the inner city streets, the contingent inched their way to D. V. Soria, causing a major traffic gridlock in the city’s thoroughfares.

The contingent demands include the immediate pullout of troops in the ancestral domains of lumads in Northern Mindanao and for President Gloria Macapagal-Arroyo’s accountability to the deplorable human rights situation in the country.

President Arroyo had declared the entire province of Maguindanao in a state of martial law over the weekend where two hours after military forces arrested its governor Andal Ampatuan Sr, 2:00 am, Saturday, December 5.

In a text message, Integrated Bar of the Philippines, Misamis Oriental-Cagayan de Oro Chapter President Atty. Dale Mordeno said the declaration of martial rule effectively suspends the writ amparo granted to the Ampatuans recently.

“The declaration of martial law in Maguindanao has the effect of suspending the writ of amparo…the remedy when the writ can only proceed once the martial law is lifted or declared improper by the Supreme Court,” said Mordeno, yesterday.

Protest Action

The militant Bagong Alyansang Makabayan—Northern Mindanao (BAYAN-NMR) and other allied organizations staged a protest action, demanding the lifting of martial rule, late in the afternoon yesterday.

It was later followed with a noise barrage in front of Cagayan de Oro City Hall.

In a phone interview, yesterday, Bagong Alyansang Makabayan-Northern Mindanao (BAYAN-NMR) Deputy Secretary General Kristin Lim finds Arroyo’s declaration an unnecessary show of force and only serves to cover up Arroyo’s role in the perpetuation of warlords in the country.

“The strong clamor for justice for the victims has pushed Gloria Macapagal-Arroyo at the wall. It is ironic that Arroyo has not severed its ties with the Ampatuans and had even given special treatment to allies who are potential state witnesses to how she cheated in the 2004 and 2007 elections,” said Lim.

BAYAN-NMR challenges President Arroyo to step down from power if “she is truly sincere in her efforts in pursuing justice for the victims of extrajudicial killings and human rights violations not only in Maguindanao but the rest of the country.

“Together with the Ampatuans, she must confront the charges of the many crimes against human rights being the general of warlords and human rights violators,” said Lim.

Ghost of the past

Senatorial aspirant, Bukidnon 2nd District Rep. Teofisto “TG” Guingona III said the declaration would not solve the Ampatuan Massacre and had further fueled suspicion on Arroyo’s real intentions.

“Justice must be served for the victims of the brutal Ampatuan Massacre. However, the declaration of martial law and the suspension of the writ of habeas corpus in Maguindanao is not the solution,” said Guingona in an emailed statement.

He expressed fear that the Palace might use the situation in Maguindanao to establish a “creeping” martial law.

“Mrs. Arroyo has already proven her lust for staying in power. What is to stop her from recreating disorder, violence and chaos in other places and exploiting the sense of helplessness of civilians to set the stage for the imposition of martial law all over the country,” asked Guingona.

In an emailed statement yesterday, the November 23 Movement—a coalition of media groups and organizations seeking full accountability and swift justice to the slain journalists and victims of the Ampatuan Massacre—opposes the imposition of martial law in Maguindanao.

“We absolutely oppose the imposition of martial law in Maguindanao and, prospectively, anywhere else in the country,” part of their statement reads.

“We believe that, with the severe restrictions on freedoms it imposes, on the one hand, and the wide latitude of police, military, and official powers it allows, on the other, martial law will only compound the troubles it has been precisely intended to deal with,” the statement continues.

The movement’s statement added that under normal powers, “a decisive, strong-willed, and well-intentioned leadership,” would be enough to bring the perpetrators of the Ampatuan Massacre to justice.

“History offers clear, powerful, and painful enough lessons in the deceptive promises of martial law: It has been used for repression, instead of justice,” November 23 Movement further stated.

Its members are Philippine Press Institute (PPI), Freedom Fund for Filipino Journalists (FFFJ), National Union of Journalists of the Philippines (NUJP), Center for Community Journalism and Development (CCJD) and Center for Media Freedom and Responsibility (CMFR).

It also includes Philippine Center for Investigative Journalism (PCIJ), Philippine Human Rights Reporting Project (PHRPP), VERA Files, Southeast Asian Press Alliance (SEAPA) and College Editors Guild of the Philippines (CEGP).

The movement’s news outlet-members are Philippine Daily Inquirer (PDI), Business World, PInoy Weekly and Davao Today.

In the International Peace and Human Rights Summit at St. Augustine Formation Center, this city, yesterday, gathered some 150 peace advocates.

The activity is part of the Mindanao Week of Peace and Human Rights that started on November 26 and will end on the International Human Rights Day, December 10, this year.

In between sobs, Adelfa Belayong, wife of slain Lumad leader Datu Mampaagi Belayong, narrated the events surrounding her husband’s murder.

“Dako gyud ang akong mahay sa atong gobyerno nga sayon lang gisilutan ang akong bana nga walay saktong proseso. Mahay gyud ko sa kabangis sa atong gobyerno,” Belayong said.

She denied allegations that her husband and their family are members of the Communist Party of the Philippines’ (CPP) armed wing, the New People’s Army (NPA).

She claimed that her husband was executed under the suspicion that he was a member of the NPA.

“Natigulang na lang mi sa erya, wa man misukad mitampo og mga armadong grupo,” said Belayong.

Belayong, who said she was beside her husband in his final moment, said her husband’s final words for her was: “Ayaw gyud mo pag-undang og pakigbisog sa atong yutang natawhan.”

Samuel Hangadon, a Lumad leader of the Higaonon tribe told summit participants that he witnessed the assassination of Datu Mampaagi Belayong.

“Midagan ko sa iyang kilid aron masusi kun buhi pa siya,” said Hangadon who rushed to Belayong’s slumped body after heard gunshots.

Hangadon said he went into hiding after his son overheard talks that his father would be next.

“Pa, sibat na kay ikaw daw ang isunod,” Hangadon’s son reportedly told him.

“Dili na ko makabalik sa amoa,” added Hangadon.

His family is now in a dilemma and is having a hard time coping with what had happened in their community.

“Tungod kay wala na ko sa erya, nagpadagan sila og storya nga miapil na daw ko sa NPA,” Hangadon, who has been kept safe by church people for a month now.

He added he could identify the members of the paramilitary group—Task Force Gantangan—because some of them, he said were even his relatives.

“Paryente pa nako ang uban membro sa Gantangan, mga pag umangkon nako ang uban. Hantod karon padayon nga ginahasi nila ang mga sibilyan didto sa among erya,” Hangadon said.

His family is currently starving where his children have resorted to begging in the streets of neighboring Butuan City.

“Sa pagkakaron, lisod gyud ang kahimtang sa akong pamilya. Ang akong mga anak naglimos na lang daw para makakaon,” said Hangadon.

“Kun moadto man gud ka sa imong uma, dudahan na dayon ka nga NPA,” he explained.

Senatorial hopeful Bayan Muna Rep. Satur Ocampo and Anakpawis Rep. Joel Maglungsod participated in the summit.

Maglungsod, himself a Mindanaoan, said he was aghast after hearing the victims’ testimonies. He added that first thing next week, he will file a House Resolution condemning the on-going militarization in Northern Mindanao and to request for a full blown legislative inquiry on the matter.

For the victims’ immediate needs, he said Anakpawis will request the Department of Health and Department of Social Welfare and Development for a medical and relief operations in the area.

“Ako mismo mouban sa mission aron atong masiguro nga muabot gyud kanila ang hinabang,” he added.

“Kita mismo witness nga usa ka military zone ang probinsya sa Bukidnon,” he said.

He recounted their ordeal when he went with the International Peace and Human Rights Mission (IPHRM)-Bukidnon Team that they were not allowed to enter the fact finding mission area even with the go signal of Malaybalay Mayor Florencio Flores.

“Busa after adto, midangop kami sa opisina ni Gov. Carlos Fortich pero wala gihapon gipasulod sa erya,” said Maglungsod.

In an interview, Ocampo after hearing the testimonies said that the victims’ plight only reinforces the consistency and pattern of the military’s implementation of Oplan Bantay Laya.

“Pagmilitarize nila by establishing civilian armed groups under the pretext of counter-insurgency when it is the profits they could gain by controlling these resource-rich areas,” said Ocampo.

A series of extrajudicial killings of indigenous peoples (IP) in Northern Mindanao has prompted the International Peace and Human Rights Mission (IPHRM) to launch a fact-finding mission dubbed “Panaw Kalinaw.”

The three-day activity—gathering at least 600 peace and human rights advocates here and abroad—which ends today, probed into two mission areas, Esperanza, Agusan del Sur and Malaybalay, Bukidnon, that IPHRM has identified as “worst hit by violations to basic human rights and fundamental freedoms.”

Delegates coming from Australia, USA, Malaysia and Thailand, together with their local counterparts, culminated Panaw Kalinaw with candle lighting at the Amphitheatre, Eco-village, Malasag, Upper Cugman, this city last Sunday, November 29.

In an interview, Panaw Kalinaw Coordinator Rev. Melzar Labuntog said that a “silent killing spree” has also been occurring in these areas.

“While the Ampatuans lord over Central Mindanao—killing 64 innocent civilians, journalists and lawyers—paramilitary groups under Task Force Gantangan are wrecking havoc in the provinces of Agusan and Bukidnon,” said Labuntog.

He added that the killing spree has already victimized 13 IP leaders and peasants who have asserted their right to self-determination and ancestral domain’s integrity.

Deactivated

However, in a phone interview The Daily Corridor, Maj. Michelle Anayron, 4ID spokesperson said that Task Force Gantangan had long been deactivated.

“Last year pa (ang Task Force Gantangan) deactivated na siya,” said Anayron.

He added complainants should document their allegations properly so they could help in the going after the alleged perpetrators.

“Kun naay complainants, kuhaon tana nila kinsay mga ngalan ining mga tawhana para atong ma-aksiyonan,” said Anayron.

Vital information, he said are important in filing cases and that they will even help in the filing of these cases.

“Muadto (sila) sa among unit aron matabangan namo sila pagfile og cases,” he said.

Anayron opined that the recent killings may have been a result of inter-tribal disputes on ancestral domain claims worse; Maoist New People’s Army (NPA) may be using the incident to disrupt government troops’ ongoing operations in the area.

“(Naay) probability ana, away tribu regarding CADT claims. Basin, ilang (NPAs) palupok lang kana to disrupt our ongoing operations there,” he said.

CADT claim

At about 7 pm on November 20, Datu Alvie Binungkasan, 50 years old was assassinated by two unidentified men while he was cooking dinner in their home at Barangay Malinao, Gingoog City.

In an interview, Jomorito Goaynon, secretary general of Kalumbay—a regional federation of IP organizations—claimed the gunmen are members of Task Force Gantangan, a paramilitary group operating in the area.

“We hold Lt. Col. Criztobal N. Zaragosa, who is the commanding officer of the 30th Infantry Battaion based in the area for (its inaction regarding the incident),” Goaynon said in the vernacular.

He claimed that the 30th IB had consented and formed the so-called “Striker Force” led by Abonjo Cablay aka Datu Tagbagani.

Cablay, Goaynon added had planned to apply a CADT (Certificate of Ancestral Domain Transfer) which would cover the mountains of Gingoog City, Magsaysay, Misamis Oriental and Carmen, Agusan del Norte. Binungkasan, he said, leader of Pigbawangan Ku Kumadon Ha Madagway (United by good practices) vehemently struggled against Cablay’s plan.

Hence, Goaynon opined, the motive behind the killing.

Culture of impunity

This year alone, the IPHRM reports that among those killed by the “Wild Dogs” of Deo ‘Datu Mankombate’ Manpatilan and the Bungkatol Liberation Front (Bulif) led by a Ronald Manhumosay—both groups are under Task Force Gantangan—were Datu Mampaagi Belyong, Aladino “Datu Mansubaybay” Badbaran, Rico Badbaran.

According to Goaynon, these slain IP leaders were vocal against the entry of mining and logging corporations in their ancestral domains.

Meanwhile, Labuntog claimed that IP communities in St. Peter of Barangay Mahayag, Malaybalay, Bukidnon continue to be at the volley of fire from both the Task Force Gantangan and th 26th IB.

“These are coupled with the aggressive and intrusive mining projects. Harassments, forced surrenders, bombardment and the forced evacuation of thousands of residents from their communities are an offshoot of continuing massive military operations in the area,” said Labuntog.

“It is the aim of the mission to expose these cases of human rights violations and the main perpetrators of these crimes. Let those who are accountable for these vicious attacks against the very basic human and fundamental rights be punished and the victims accorded justice,” he added.

The IPHRM official reports of the two areas, Labuntog said will be presented tomorrow at the Peace and Human Rights Summit here in Cagayan de Oro.

“We will also furnish copies of the report to the local government units concerned and the Commission on Human Rights (CHR 10),” he added.

In a letter addressed to Joel Baldelovar, chair of COWD board of directors, now embattled acting General Manager Bienvenido Batar pointed out at least five major points why COWD should not push through with the reservoir project.

“The proposed additiona delivery of 10,000 cu. m. per day would have no valid basis both in our contract with Rio Verde and our Operating Budget. (Second), we may jeopardize our ongoing efforts to correct the discrepancies we discovered in the Bulk Water Supply Contract,” Batar’s letter reads in part.

Batar explained that the recent memo of the Commission on Audit (COA) further complicates the implementation of the project as COWD has been disallowed to pay Rio Verde because the awarding of the project was “without valid basis.”

More importantly, he said COWD simply has no financial resources to pay for the additional delivery of 10,000 cu. m. per day plus the monthly amortization of the loan that it needs to bring down the water from the proposed reservoir project.

“We cannot anticipate a substantial market from the Indahag Project, only about 100 to 300 connections,” added Batar.

But Mayor Jaraula would have none of these “excuses.”

In his letter to the board of directors and Batar—dated Sept. 9, this year—Jaraula informed them that City Hall is “proceeding with the implementation of our special project: Construction of water reservoir with a minimum capacity of 800 cu.m. in barangay Indahag, this city.”

He stated in the letter that in “exercise of general welfare power, we are proceeding with the project. You are at liberty to adopt the said project or not. In the latter case, we will directly deal with Rio Verde.”

“We will suspend payment for our consumption as may be necessary since we will use the amount in the construction of the reservoir,” added Jaraula.

Under the final memorandum of agreement (MOA)—which was prepared by the winning bidder Rio Verde—the bidder will not spend a single centavo in the construction of the water facility.

The First Labor Organization of the Cagayan de Oro city Water District (FLOW) is opposed not to the project but the MOA which according to them is wrought with onerous provisions.

FLOW President Engr. Anthony Yang maintained that the purchase of water should be on a “per consumption basis,” as this would be fairer to the parties involved in the MOA.

Although their stand is unequivocal, FLOW assures “the consuming public that even amidst this controversy, the employees of COWD will continue to provide services in the best way we can possibly do.”

Not as Jaraula tried to present them to the public by telling local media: “Pasagdi na magrally sila (FLOW members)!”

Flow President Engr. Anthony Yang, in a text message yesterday, reiterated that they never opposed the facilitation of potable water in Barangay Indahag saying that the barangay is among the serviceable areas included in Cagayan de Oro Water District’s (COWD) Eastern Lateral Improvement Project scheduled for implementation on 2011.

Access to potable water is among the key facilities that would spur development and investments in any area. Barangay Indahag’s elevation and location—overlooking the city has caught the attention of many local and national housing developers.

Yang recognizes the valid need for water in the area as the area rest atop an arid corral-like soil. Flow opposes to the manner in which the memorandum of agreement (MOA) for the construction and operation of the Indahag Reservoir Project which they claim to be full of onerous provisions.

First, Flow claims that the final MOA was not prepared by COWD—who bidded out the project—but by the Rio Verde Water Consortium Inc. (RVWCI) and that final contract contained stipulations that digressed from the model agreement.

In the tripartite agreement, obtained by this paper, a certain stipulation states that the “first party (city government) will construct the reservoir where funding shall be advanced by the first party out of the annual allocation by the second party (COWD) to the first party and the total expenses shall be liquidated against the first party’s consumption.”

“The second party will purchase from the third party (RVWCI) 10,000 cubic meters per day,” it continues.

This would mean that the RVWCI would not cough up a single cent to build the reservoir—Yang pointed out—and instead COWD will pay for the bulk water supply of RVWCI that far exceeds the water consumption need of the area.

In a letter addressed to Joel Baldelovar, chairman of COWD board of directors—dated September 14, this year—Bienvenio Batar Jr., acting general manager said that the reservoir project was beset with “various legal and financial concerns,” which would make its implementation “difficult.”

Among others, Batar said in the letter, “we cannot anticipate a substantial market from the Indahag Project (with) only about 100 to 300 connections.”

Yang estimates the average consumption (for) a family of four is between 30 to 50 cu.m. a month or at the maximum about 25,000 cu.m. per month for Indahag.

With the provision in the contract that COWD will be obligated to purchase—10,000 cu.m. per day—more than the actual consumption in the area, a Flow member—who requested anonymity—calculates would spell the bankruptcy or the facility’s concessionaires would bear the brunt of exorbitant water bills since COWD’s operational costs will ultimately be passed on to the consumers.