Was Luisita’s sugar mill indispensable to the national interest?

Labor Secretary Patricia Sto. Tomas declared an Assumption of Jurisdiction over the Luisita dispute on November 10, 2004. Sto. Tomas said quelling the strike was a matter of national interest because Luisita was one of the country’s major sugar producers. This paved the way for sending government troops to stop the strike. How much of the country’s sugar production actually depended on Luisita? According to the Sugar Regulatory Administration, in Crop Year 2003-2004 (September 1, 2003 to August 31, 2004, the crop year before the massacre), Luisita produced 90,490 metric tons of raw sugar, and 1,823,859 50kg-bags of refined sugar. This represented 3.9% and 7.5% of the country’s total production of raw sugar and refined sugar respectively. The balance 96.1% and 92.5% came from elsewhere, particularly the Visayas and Mindanao, where bulk of the country’s sugar is produced. Based on this data, it can be argued that sugar production in the country would not exactly be paralyzed by the strike at Luisita. However, Article 263, Paragraph G of the Labor Code leaves the decision to declare an Assumption of Jurisdiction solely on the judgment of the Labor Secretary: “When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return-to-work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. The Secretary of Labor and Employment or the Commission may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same." Labor groups have complained that the Assumption of Jurisdiction has been indiscriminately used by the Department of Labor to favor powerful employers. -GMANews.tv