DAR given 10 days to explain after it disregarded SC 2011 Hacienda Luisita decision - The Daily Sentry

Friday, May 18, 2018



DAR given 10 days to explain after it disregarded SC 2011 Hacienda Luisita decision



Supreme Court and Deparment of Agrarian Reform (DAR), photo compiled from Google
The Deparment of Agrarian Reform (DAR), who is to go under inquisiton, and Alyansa ng mga Manggagawang Bukid sa Hacienda Luisita (Ambala), who is to comment on DAR’s failure, are therefore summoned by the Supreme Court (SC) in order to fill in the details of the failed implementation of the 2011 SC decsion on Hacienda Luisita’s land distribution. 4,000-hectares of the said Tarlac hacienda was supposed to be distributed to farm worker beneficiaries (FWBs).

Apparently DAR Secretary Rafael Mariano volated the Supreme Court’s ruling on the 500-hectare property that is owned by Rizal Commericial Banking Corporation (RCBC) by converting it to industrial land as per the conversion order issued by the DAR. RCBC filed a motion that resurfaced this Hacienda Luisita issue which claiming rights was also rallied for infront of the RCBC property by multiple militant groups, farmer and workers alike.

Apparently neither the July 5, 2011, earlier resolution, or the Nov 22, 2011, updated resolution, was upholded by DAR so the Supreme Court issued a resolution stating that,

“Acting on the urgent motion for the issuance of a writ of execution and/or cease and desist order dated April 27, 2017, the Court resolved to require respondents 1. Department of Agrarian Reform Secretary Rafael Mariano and 2. Alyansa ng mga Manggagawang Bukid sa Hacienda Luisita (Ambala) to a. comment thereon and b. show cause why they should not be held in contempt of court for disobeying the Decision dated July 5, 2011 and Resolutions dated Nov. 22, 2011 and April 24, 2012, both within a non-extendible period of 10 days from notice hereof.”

The updated decison being the one that lets the farmer beneficiaries enjoy either options, to remains as stockholders of the Hacienda Luisita Incorporated or own a portion of Hacienda Luisita’s land.

And it was the April 24, 2012 resolution that cemented their previous resolutions on the true distribution of the 4000-hectare land of Hacienda Luisita explicitly mentioned that,

“even though the compensation due to HLI will still be preliminarily determined by DAR and LBP…the fact that the reckoning point of ‘taking’ is already fixed at a certain date should already hasten the proceedings and not further cause undue hardship on the parties, especially the qualified [farmworker beneficiaries].”
This and the previous resolutions were written by fourteen justices, led by Justice Presbitero J. Velasco Jr. which apparently had a denial vote on Hacienda Luisita, Inc.’s motion for clarification and reconsideration.

Instead of the 2006 land valuation that the management of Hacienda Luisita was rooting for, it was the 1989 land valuation of the the hacienda was voted to be the amount the owners pay the farmer beneficiaries, with eight justices voting to affirm the November 22, 2011 resolution that it was under.

In the end it was up to the Regional Trial Court, the acting as the Special Agrarian Court (SAC), to review the determined just compensation of the DAR and the Land Bank of the Philippines (LBP). According to the SC,

“As regards the issue of interest on just compensation, We also leave this matter to the DAR and the LBP, subject to review by the [regional trial court] acting as a SAC.”

Meanwhile the family and relatives of the former President Benigno Simeon “Noynoy” Aquino III was on the losing end of the stick and had no choice but to assure “full cooperation in the expeditious completion of the process”of the 4,915-hectare that the Supreme Court ordered to be distributed to farmer beneficiaries.

Source: news.mb.com.ph