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Hacienda Luisita farmers, owners sign 'compromise'


Farm workers and the owners of Hacienda Luisita Inc. (HLI) in Tarlac on Friday signed a compromise deal giving the farmers two options— to receive land parcels in the 6,453-hectare plantation or retain their stocks in the corporation. But questions are being raised about the farmers' representation and the retention of the stock option. Representatives of HLI and two farmers' groups, the Alyansa ng mga Manggagawang Bukid ng Hacienda Luisita (AMBALA) and the United Luisita Workers Union (ULWU), signed the agreement around 10 a.m. at the estate's clubhouse in Tarlac. The signatories were: Noel Mallari, Vice-chairman of AMBALA; Eldifonso Pingol, Vice-President of ULWU; lawyer Eufrocinio Dela Merced Jr. for HLI, and Julio Suniga and Windsor Andaya for the HLI supervisory group.

WHO REALLY REPRESENTS LUISITA'S FARMERS?
Hours after the signing of the compromise agreement between farm workers and the owners of Hacienda Luisita Inc. (HLI) Friday morning, a lawyer for one of the farmers’ groups vowed to challenge the deal before the Supreme Court. “We will file before the court a motion to declare this agreement null and void. We will also ask SC to continue with the scheduled oral argument. Dapat sundin ang proseso ng batas," said lawyer Jobert Ilarde Pahilga, counsel for the farmers’ group AMBALA. Once the document is submitted to the high court, Pahilga said he also plans to sue Noel Mallari, who signed the agreement as vice chairman of AMBALA, for “misrepresentation" as the latter had allegedly left the group. “This makes the agreement invalid since the signatory has no capacity to represent the farm workers," he told GMANews.TV in an interview Friday afternoon. But Mallari branded the lawyer’s statement as “black propaganda" and countered that Pahilga is no longer AMBALA’s counsel. “Kahit mag-inquire pa sila sa Supreme Court, ako ang legal personality. Lahat ng sulat ng SC, ako ang pinapadalhan." Mallari said. CONTINUE READING
Based on a copy of the agreement obtained by GMANews.TV, the parties forged the deal to resolve the 21-year-old land row. "The primordial concern of the parties herein is to uplift the lives of the people living in Hacienda Luisita, and an early resolution of the case, as well as all collateral issues, will definitely augur well to serve this purpose," the document read. The compromise agreement states that HLI’s 12,000 farmer-beneficiaries can now opt to continue owning stocks in the corporation based on the Stock Distribution Option (SDO) deal signed 21 years ago. They can also choose to have a share in a designated 1,400-hectare portion of land in the 6,453-hectare plantation. However, the Presidential Agrarian Reform Council (PARC) already ordered the revocation of the SDO scheme in 2005, prompting HLI to ask the Supreme Court in 2006 to issue a Temporary Restraining Order stopping the enforcement of the PARC decision. The PARC, an inter-agency body tasked to coordinate agrarian reform efforts, and the Department of Agrarian Reform are now being run by appointees of President Aquino, whose Cojuangco side of the family have owned the controversial hacienda since the late 1950s. It remains to be seen if these powerful bodies will agree with the so-called compromise. “The parties shall respect the individual decisions of the farm workers as to whether they would stay with the Stock Distribution contained in the MOA of 1989, or in lieu thereof, proceed with land distribution," the agreement read. Both parties also agreed that farmers who will opt for land distribution will get their parcel of the plantation “for free and clean of any encumbrances" and will surrender their shares to the corporation to the stocks’ original owner, the Tarlac Development Corporation. The agreement also allows the farmer-beneficiaries who will opt for land distribution to keep monetary and non-monetary benefits, such as the home lots and production shares given to them under the SDO agreement. Aside from these, the 12,000 farmer-beneficiaries are also entitled to P150 million in “financial assistance" from the HLI in settlement of all claims — P20 million of which will be given upon signing of the agreement as a sign of “goodwill." The remaining P130 million will be given to the farmers once the agreement has been approved by the Supreme Court. The farm workers also agreed to support all further developments of HLI land in the future even for non-agricultural purposes. They will also be given top priority for employment should HLI choose to push through with these developments, the agreement said. Those who acted as witnesses were: HLI vice president for external affairs Vigor Mendoza II, HLI spokesperson Tony Ligon and barangay captains Protacio Navarro Jr., Renato Luna Jr., and Francisco Sigua. ‘Wish granted’ Former Agrarian Reform Undersecretary Bernie Cruz, who has been privy to the negotiations since the farmers and the management began talks in 2007, said the farmer-beneficiaries “got what they wished for" through the compromise agreement. “’Yung mga kahilingan naman nila sa simula, naibigay naman. Friendly naman ang atmosphere between the two parties (That was what they asked for from the start and it was granted to them. The atmosphere between the two parties was friendly)," he told GMANews.TV in a phone interview on Friday before the signing. He added that the farmer-beneficiaries and the management have been negotiating “quietly" for three years to prevent the talks from becoming “politicized," especially with President Benigno “Noynoy" Aquino III’s rise to power. (See: Win or lose, Noynoy has to face Luisita deadlock) “This issue is one of the most highly controversial cases sa agrarian reform. Tahimik lang ginawa kaya hindi nalalaman" (The parties just kept quiet so the public did not know about it),he said. Aquino’s family owns the Hacienda Luisita sugar plantation and the President himself has shares in the corporation. Cruz said the Supreme Court will look into the legalities of the agreement. Once approved by the SC, the Department of Agrarian Reform (DAR) will enforce the deal. (See: Palace hoping for SC nod on Luisita settlement) The SC has set oral arguments on the HLI land case on August 18 to determine whether the SDO scheme will be retained, or if the land will be distributed to the farmers under the Comprehensive Agrarian Reform Program (CARP). SC spokesperson Midas Marquez earlier said the fate of the oral arguments will now depend on the manifestations to be submitted by both parties after the signing of the agreement. Finally, there's land to till Farmer Pingol said he is thankful that an agreement has finally been reached because most of his fellow farmer-beneficiaries have been unemployed for the past few years. “Natapos na rin ang problema. Gusto na lang namin matapos dahil marami na rin sa mga kasama rito ang walang trabaho," (The problem has been resolved. We just wanted it to be over and done with because many of our fellow farmers are unemployed)," he told GMANews.TV in a separate phone interview. “Kung maghihintay pa kasi kami ng desisyon ng korte, matagal pa po ang tapos niyan. Nawawalan na rin po kasi ng pag-asa ang mga narito," (If we will wait for a court decision, that will take time. Those of us here are already losing hope)," he added. He said he plans to till his share of the land in the coming years to get a steady source of income but he is still unsure of what to do with it in the long run. “Pansamantala, ‘yun po ay sasakahin para magkaroon kami ng pagkakakitaan. Hindi pa po namin alam kung ibebenta pagkatapos para magkaroon ng pera o hihintaying tumaas ang value nito," (As of now, we will till the land to earn income. We are not sure if we will sell it later or wait for the price of the land to go up)," he said. ‘A new beginning’ Lawyer Fernando Cojuangco, HLI’s administrator and President Aquino’s cousin, said the signing of the agreement is “a victory for the people living in the hacienda." “The resolution of the pending issues at Hacienda Luisita is a welcome development to all parties involved," he said in a statement sent to GMANews.TV after the signing. Cojuangco added that the agreement was meant to give the hacienda’s residents justice and a chance at a better life. “Lahat ng ito ay ayon sa layunin na maging maunlad at makatarungan ang kalagayan ng mga taga-Luisita (All of these are in pursuit of the goal to give justice and provide a better life for Luisita residents)," he said. He likewise urged both parties to work towards “a new beginning" in the plantation’s history. “Sama sama tayong magsisimula sa pag ugit ng maganda at masaganang kasaysayan ng Luisita (Together we will start a brighter and more bountiful experience in Luisita)," he said. Ligon, HLI’s spokesperson, meanwhile said both camps should respect the decisions of the farmer-beneficiaries now that the agreement has been signed. “We ask the parties concerned in the agreement to respect the individual decisions of the farmworkers to stay with the SDO or proceed with land distribution," he said in the same statement. — LBG/RSJ/VVP, GMANews.TV