Agrarian experts see similarity with Haceinda Luisita case
The militant Kilusang Magbubukid ng Pilipinas (KMP) lambasted the Federation of Philippine Industries (FPI) for ganging up on the Sumilao farmers and backing San Miguel Food Inc.
According to Rafael “Ka Paeng” Mariano, chairman of KMP and concurrent president of ANAKPAWIS party list, “this is a classic example of the ruling class of big business men closing their ranks, protecting their assets and attacking the oppressed and exploited. It is like what happened in Hacienda Luisita in 2004, when they were in chorus blaming the farm workers for their plight and then even their own deaths,”
“Eduardo “Danding” Cojuangco, as always is plotting his moves carefully because he knows that he can get something big from Gloria Macapagal-Arroyo in of the exchange of the Sumilao farms. If he questions the revocation order then Gloria will definitely lose face again, if he does not then Gloria owes him big time. The only thing that Danding wants most this time is the P130 billion coconut levy fund and that the cases going after his so-called assets to be dropped, especially his controlling share in SMC. We must guard against this from happening and ensure that the funds will be returned to the millions of genuine small coconut farmers,”
Meanwhile agrarian law experts in Sentro Para sa Tunay na Repormang Agraryo (SENTRA), counsel for the farm-workers of Hacienda Luisita joins the call for the immediate installation of the Sumilao farmers into the 144 hectares productive agricultural land located at San Vicente, Sumilao, Bukidnon but warns the farmers not to pin their hopes so much on the Comprehensive Agrarian Reform Program (CARP) or the order of Gloria Macapagal Arroyo in acquiring the said productive agricultural land.
SENTRA likened the case of Sumilao farmers to the case of the farm-workers of Hacienda Luisita. In the case of the Hacienda Luisita, the Presidential Agrarian Reform Council (PARC) issued a resolution in December 2005 revoking the Stock Distribution Option (SDO) agreement over the hacienda. The Cojuangco family-controlled Hacienda Luisita Incorporated, however, brought the matter to the Supreme Court alleging among others that it was denied due process of law. The Supreme Court issued the TRO in June 2006. The case is yet to be resolved by the Supreme Court.
“The struggle of Sumilao farmers to own the lands is legitimate and deserves public support. However, as in the case of the Hacienda Luisita, the Sumilao farmers should expect that the order of GMA does not yet mean victory. San Miguel Foods Incorporated (SMFI), with Eduardo Cojuangco – Danding - as majority stockholder, may bring the matter to the Supreme Court and it may capitalize and argue that the act of the Office of the President violated its rights to due process and she acted with undue haste, bowing to extreme public pressure.”
SENTRA is wary of the fact that there is yet a long process that would ensue before the farmers will be finally installed into the land. And this is without discounting the possibility that the order of GMA will be reversed and set aside or enjoined if elevated to the Court of Appeals or the Supreme Court by SMFI.
“We are not blaming the Supreme Court for the non-implementation of the PARC resolution in Hacienda Luisita because it is just observing due process. What we are saying is the fact that as in the case of the Hacienda Luisita, there will be considerable delay in the process leading to the installation of the farmers to the land. Thus, the Sumilao farmers should not let their guards down and continue with their militant and collective struggle. Let it be noted that GMA have issued the order because of extreme pressure from the public and the church. GMA is likewise expecting that by issuing the order, she can project a pro farmer image that may improve her negative ratings” said Atty. Jobert Pahilga, Executive Trustee of SENTRA.
SENTRA likewise warns the Sumilao farmers that relying so much on CARP would prove disastrous later on if the order of GMA will not be sustained by the Supreme Court, should SMFI decide to elevate the matter to it.
According to SENTRA, the Sumilao farmers should remember that in the first place, CARP allowed the exemption of the land from its coverage and then its conversion.
“CARP allowed the exemption of the 144 hectares land from its coverage. It allowed the cancellation of their Certificate of Land Ownership Awards (CLOA). It has also allowed its conversion to non-agricultural use. Were it not for the supposed violation of the terms and conditions of the order of conversion, the 144 hectares would not have been awarded back to them although the execution and implementation of the order of GMA is another story. This, in effect, show that the implementation of CARP is still contingent with the acts of landlords. If the Quisumbing family did not violate the terms and conditions of the conversion order issued by then Executive Secretary Torres, the Sumilao farmers’ hope to own the same is in vain.” Pahilga said
“This is for which reason SENTRA calls for the abolition of CARP which we deem inherently defective. CARP allowed the exemption from its coverage even irrigated rice lands and other productive agricultural lands like the 144 hectares Quisumbing estate. It also allowed non-land transfer schemes, like SDO, that virtually make farmers or farm-workers lowly paid laborers of the land they supposedly own. If we extend a defective law, the Filipino famers, will suffer the same fate as the Sumilao farmers or the farm-workers of Hacienda Luisita” added Pahilga.
SENTRA said that should the Sumilao farmers be finally installed in the land, they should remember that it was not due to CARP but because of their collective and militant struggle that opened the eyes of the nation to the inequities and the failure of CARP. They should likewise emulate the farm-workers of Hacienda Luisita who, despite the TRO by the Supreme Court of PARC’s order to revoke SDO, were able to cultivate the land and perform their farming activities therein through their collective and militant struggle, and despite the extra-judicial killings, threat and harassment of their leaders and supporters.
“It was not because of CARP or the decision of the PARC but because of the resolve of the farm-workers of Hacienda Luisita to regain the land which rightfully belongs to them that they were now able to produce rice and other agricultural products in the then sugar cane plantation. ” ended Pahilga. # # #
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