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Luisita farmers walk out of SC mediation proceedings


A faction of a farm workers' union in Hacienda Luisita walked out of the mediation proceedings initiated by the Supreme Court on Monday. Jobert Pahilga, lawyer for a faction of the Alyansa ng mga Manggagawang Bukid ng Hacienda Luisita (AMBALA), said his clients no longer wanted to participate in the mediation proceedings. Pahilga alleged that the Cojuangco-owned Hacienda Luisita Inc. is keen on holding on to the stock distribution option (SDO) scheme to avoid distribution of the 6,453-hectare sugar estate in Tarlac. Pahilga said his group will submit a manifestation later in the day to express its desire to turn its back on the mediation proceedings. "Awhile ago, AMBALA informed its decision that it will no longer participate, so our members left the mediation. We, as lawyers, will file a formal manifestation to the Supreme Court en banc that that was the decision made by our clients," said Pahilga in an interview with reporters. "AMBALA will no longer participate, and we will inform the court," he added. AMBALA criticized Meanwhile, HLI spokesperson Antonio Ligon denied that the HLI is clinging to the Luisita land by pushing for the retention of the SDO scheme. He added that AMBALA's move will negatively affect the ongoing mediation proceedings. "It will be unfortunate... The wisdom behind the creation of the mediation panel is to settle the matter most expeditiously," Ligon told reporters. "Everyone should be open to all options. We are not insisting on something. We went here with an open mind... We should always be positive about things," Ligon added. He also denied the HLI is demanding a P1 million per hectare payment from the government should the parties agree for land distribution. "Hacienda Luisita is not demanding the pricing. In fact, I made this very clear. It's hard when we say that HLI wants a certain price because it would depict us in a bad light," said Ligon. SC prodded to rule on merits of land dispute case Pahilga added that on Thursdsay, his group will file its memorandum to prod the Supreme Court to rule on the merits of the land dispute case it received in its doorstep in 2006. To recall, in May 1989, the Cojuangco-owned HLI and Tarlac Development Corp. (TADECO) forged a Stock Distribution Option agreement with more than 6,200 farmer beneficiaries. Under the SDO scheme, farmer beneficiaries are given shares of stocks instead of the land that they were entitled to under the Comprehensive Agrarian Reform Program (CARP). In 2005, the PARC ordered land distribution and the revocation of the SDO agreement because it supposedly did not fulfill CARP's thrust of social justice and improved lives for farmers. In 2006, the HLI asked the SC to stop the PARC from canceling the SDO scheme and ordering land distribution. The court then granted the corporation’s plea by issuing a temporary restraining order preventing PARC from enforcing the resolution against the SDO scheme. On August 6 this year, the HLI management and factions of farmers group forged a compromise deal where the farmers were given the option to remain under the SDO scheme or get a portion of the land. More than 7,000 of the 10,00 farmer beneficiaries voted to remain under the SDO scheme. It was also in August this year when the Supreme Court heard oral arguments for the land dispute case. However, instead of ruling on the case right away, the SC formed a three-member mediation panel that would formulate a "win-win" solution for all parties to the case. However, AMBALA said the mediation proceedings are disadvantageous to them because the HLI is not willing to give up land. Pahilga said the SC should thus rule on the merits of the case. These include:

  • Whether or not PARC has jurisdiction, power and/or authority to revoke the 1989 SDO agreement, and whether the council, in 2006, followed due process in ordering the revocation of the agreement;
  • Whether or not there is a legal basis to revoke the SDO agreement;
  • Whether the DAR and PARC are the real parties-in-interest in the case. — RSJ/VVP, GMANews.TV