representatives of the two parties. Positioning analysis follows this table.
worked out for the sustainability of the achieved agreements. Table 11 presents a summary of the conflicting utterances of the Table 11 Conflicting Utterances of the Rajahbuayan Clan and Heirs of Bagumbayan Abpet Themes Location of the disputed land
From the Statements of Rajahbuayan Family Lot 352 is located at Barangay Popoyon, Tulunan, North Cotabato
From the Statements of Bagumbayan Heirs Lot 352 is located at Barangay Damacling, Paglat (formerly Buluan), Maguindanao Popoyon is different from Damacling, and is not part of Paglat. Popoyon is located at the boundary of Tulunan, North Cotabato, and Paglat, Maguindanao. If there is overlap between Damacling and Popoyon, the overlap area is only around 10 to 20 hectares.
Conduct of ocular inspection
DENR did ground inspection and consulted the elders in the community.
Ocular inspection will show that land does not belong to Rajahbuayan. (This statement suggests that ocular inspection was not done and elders in the community were not consulted.)
Knowledge of the Other Party
Bagumbayan clan is from Buluan, not from the contested land.
Rajahbuayan clan is from Tuluan, far from the contested land.
Members of Rajahbuayan clan do not know any of Bagumbayan heirs.
The Bagumbayan heirs know only one member of Rajahbuayan clan, Datu Bides.
Datu Luminog Mangelen, a predecessor of Datu Salipada Pendatun as congressman, is married to Bagumbayan Abpet. Bagumbayan may have been able to obtain titles on the land due to political influence of Datu Luminog.
During the war (disturbance), Rajahbuayan left the area, but they did not own land in the area.
Rajahbuayan also suspected the late Datu Guiaplos Limba and Salim of Bagumbayan clan, who are assessors, to have a hand in the titling of the land. Size of land
Land is 400 hectares, but only 225 hectares of this land is in the name of Bai Kusan.
Lot 352 covers 296 hectares, not 410 hectares as claimed by Rajahbuayans.
Present condition of Lot 352
Present occupants are relatives (cousins) of Rajahbuayan.
Present occupants are the Bagumbayan clan.
Basis of Land Claims
Rajahbuayan were the occupants of disputed land, but they left the area long after Christian settlers came in 1948 but long before the Ilaga came in 1972 (Sarifa said 1968); they were not clear on exact year they left the area.
Bagumbayan clan has been the occupants of Lot 352 since before the Japanese came in the 1940s; they temporarily left the area because of floods.
Rajahbuayan has supporting documents, e.g., 1971 approved land survey with Bai Kusan registered as survey claimant, attached to the land survey is free patent application of Bai Kusan, and LGU (Mayor and barangay chairperson certification of correctness of claims of Rajahbuayan).
Bagumbayan clan developed the area and planted coconut trees, acacia, bamboos, and other permanent trees. When there are no floods, they plant rice and corn in the area. They also catch fish in the Liguasan Marsh, which is part of Lot 352.
Mayor Langkuno of Tulunan, who is a relative of Rajahbuayan, testified in favor of Rajahbuayan and issued certification supporting Rajahbuayan.
Bagumbayan is in possession of a subdivision plan/map, and titles.
DENR Legal Counsel advised Rajahbuayan that they had a strong case because of convincing evidences.
Based on Tarsilah of elders, land belongs to Datu Kunti and not to Rajahbuayan.
Protests against Other Side's Claims
Land documents of Bagumbayan (e.g., subdivision plan/map, titles, Rajahbuayan's waiver of rights) are fabricated and did not pass through DENR. Subdivision plan was issued before the approval of PLS, and therefore was fake.
Why did the Rajahbuayan start to claim land only now, when the Bagumbayan elders have already died?
Compromise Agreement
Bagumbayan will register three titled lands under VOS with Rajahbuayan as beneficiary. Rajahbuayan will pay amortizations with the Land Bank.
13 lots with approved titles will go to Bagumbayan, and 8 lots with unapproved land titles will go to Rajahbuayan.
Rajahbuayan cannot claim the untitled lands, according to LMB Director Danny Andamen.
Land Tenure Stories in Central Mindanao
Land Tenure Book 1001.indd 154
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