Luisita Farmers: Victorious at Last!

(From The Peoples Press December 2011) Hacienda Luisita farmers belonging to the Farmworkers Agrarian Reform Movement (FARM a group of 1,245 farmer-beneficiaries of the sugar estate), together with their allies including the Project Development Institute (PDI) and Foodfirst Informatin and Action Network (FIAN) held a thanksgiving celebration inside the hacienda in Tarlac on December 4, 2011 for the success of the 22 years of struggle to claim the land they have tended.

The thanksgiving celebration inside the Hacienda Luisita in Tarlac.

Last week, the farmers were victorious in the unanimous decision of the Supreme Court to set aside the stock distribution option (SDO) at the vast sugar estate owned by relatives of President Aquino. In a 56-page resolution promulgated 22 November 2011, and penned by Associate Justice Presbitero Velasco Jr., the High Court unanimously (14-0 in voting) ordered the distribution of 4,916 hectares of Hacienda Luisita lands to the original 4,296 farm-worker beneficiaries (FWBs). It modified its July 5, 2011 ruling ordering the Department of Agrarian Reform (DAR) to hold a referendum to let the Luisita farmers choose between owning shares of stocks in Hacienda Luisita Inc. or getting portions of the more than 6,000-hectare estate. The High Court also directed the Hacienda Luisita Incorporated (HLI) to pay the 6,296 farm workers a total of P1.3 billion for the sale of the following portions of Hacienda Luisita: - P500 million ($11.45 million) received by the HLI for the sale of 200 hectares out of the 500 hectares covered by an August 14, 1996 conversion order; - P750 million ($17.17 million) received by the HLIs subsidiary, Centennary Holdings, Inc. for the sale of the remaining 300 hectares from the 500-hectare land; and - P80.51 million ($1.84 million) paid by the government for the sale of the 80.51-hectare lot used for the construction of the SCTEX road network

FARM chairman Renato Lalic said: Were very happy that the decision is favorable to us. We expected this. The Supreme Court ruled that the SDO was unprofessional. Thats why we pressed on with the fight. We were sure we were going to win. Aside from other non-government organizations (NGOs) and peoples organizations (POs) allied with FARM, the thanksgiving celebration was also attended by the Department of Agrarian Reform (DAR) represented by Atty. Ayson Garcia, the National Anti-Poverty Commission (NAPC) represented by Chairman Joel Rocamora, and the AKBAYAN partylist represented by Representative Arlene Kaka Bag-ao.
FARM chairman Renato Lalic

Each organization gave a message of support for the victorious farmers. The speakers from the government agencies explained every aspect of the Supreme Court Decision including the Just Compensation aspect: The Supreme Court has declared that the just compensation for Hacienda Luisita was the Nov. 21, 1989 rate. At that time, a hectare of the hacienda was reportedly valued at around P170,000. Based on this guideline, the DAR will have to check the 1989 rates, then it can decide how much is the just compensation.

Atty. Ayson Garcia of DAR

NAPC Chairman Joel Rocamora

AKBAYAN Rep. Arlene Kaka Bag-ao Photos by: Ramon T. Ayco

Atty. Christian Monsod speaking on the Supreme Court Decision.

But according to former Comelec Commissioner Christian Monsod, legal counsel of FARM and a guest in the thanksgiving celebration: the 6,296 farmer-beneficiaries need not shell out a single centavo for the P170,000 per hectare or P835.55 million just compensation for the 4,915 hectares. The Supreme Court had ruled and ordered Hacienda Luisita Inc. to give back the P1.33 billion in proceeds from the sale of some 580 hectares at the time that the illegal stock distribution option was in effect. The Supreme Court ruling cancelled out the payment of P170,000 per hectare. Technically, there will be no cashout from the farmers.

Based on the ruling, if the P1.33 billion proceeds would be returned to farmers, minus the P835.55 million just compensation, the Hacienda Luisita Inc. should end up paying the farmers the balance amounting to P495 million with the farmers not paying them a single centavo for the lands, Monsod added. Written by Ramon T. Ayco, Sr.; edited by Ms. Ely M. Santos