Supreme Court orders government, farmers to answer Hacienda Luisita appeal

MANILA, Philippines - Farmers of Hacienda Luisita and the government were ordered yesterday to answer the motion for reconsideration of Hacienda Luisita Inc. on the Supreme Court’s (SC) order for the distribution of the 4,915.75-hectare sugar estate.

The SC gave the Presidential Agrarian Reform Council (PARC), Department of Agrarian Reform and the Alyansa ng mga Manggagawang Bukid sa Hacienda Luisita and Agrarian Reform Movement 20 days from receipt of notice to comply with the order.

Upon filing of their comments, the SC would resolve the motion and rule on whether to affirm or reverse the ruling.

In the assailed ruling, the SC had set aside the option granted to the farmers to remain as stockholders of Hacienda Luisita Inc. (HLI).

The justices unanimously agreed that the contested land should be distributed by HLI to the original 6,296 farmer-beneficiaries pursuant to an order of the PARC in December 2005.

The court also directed HLI to pay the original farm workers over P1.33 billion earned from selling the 500-hectare converted portion of the estate.

In its motion, HLI sought clarification on the amount to be paid to the farmer-workers and asked the SC to allow the farmer-workers to choose whether they still want to remain as stockholders of HLI or lift the 10-year prohibition on the sale of the awarded lands.

Through lawyer Maria Estela Ares, HLI insisted that the reckoning period for the computation of just compensation on agricultural lands should be at the time of the taking or at least at the issuance of the notice of coverage by the DAR on Jan. 2, 2006 pursuant to PARC’s resolution.

Alternatively, they asked the SC to leave it up to the Land Bank and the DAR the determination of the reckoning period, which is necessary in fixing the just compensation for the property.

But the farmers asked the SC to stand firm on its order and deny Hacienda Luisita Inc.’s appeal.

In a statement, the Unyon ng mga Manggagawa sa Agrikultura asked the justices not to be affected by Corona’s impeachment in resolving their case with finality.

They described HLI’s petition for Corona’s inhibition on the Hacienda Luisita case as “a farce and vain attempt to overturn the Supreme Court decision opting (for) the distribution of Hacienda Luisita.”

“The SC is a collegial body, even if the chief justice inhibits himself; still there are 13 more justices; we urge them to stay in the path of justice by affirming their collective decision last Nov. 22 ordering the distribution of Hacienda Luisita and dismissing HLI’s motion for clarification and reconsideration,” UMA said.

“It is only meant to sabotage the eventual distribution of Hacienda Luisita to its farm worker beneficiaries, their motion is nuisance.”

The farm workers urged the justices not to be cowed or let the impeachment trial against the Chief Justice serve as a legal bogeyman that would affect their mandate: “We call on the high magistrates to stand by their decision... and oppose the bullish posturing of the present administration to the judiciary.”

On the other hand, Solicitor General Joel Cadiz said the impeachment of Corona has nothing to do with their case.

In a statement, he said the stand of the PARC and DAR in this case supported the farmers, which only proved that the Aquino administration had sided with the farmers in their cause.

“When the Supreme Court promulgated its July 2011 decision declaring the revocation of the SDP valid but allowing the individual FWBs to choose between owning land or remaining as a stockholder of HLI on the strength of the doctrine of operative fact, the government appealed for the high tribunal’s reconsideration, arguing that the doctrine of operative fact does not apply to the case at bar and prayed for the full distribution of the land.

“When the Supreme Court decided in November 2011 to fully distribute the hacienda to its (farmworkers-beneficiaries), the Aquino administration readily stated that it will immediately implement the Honorable Court’s order as soon as it becomes final and executory,” Cadiz said.