High Court asked: Allow partial execution of land to farmers

A GROUP of Hacienda Luisita farmers asked the Supreme Court (SC) Monday to allow a partial execution of its November 2011 decision ordering the distribution of the 4,915.75-hectare sugar land estate of the Cojuangco family in Tarlac.

In a three-page motion, the farmers led by Noel Mallari said the execution of the land distribution despite the pendency of the motion for reconsideration filed by petitioner Hacienda Luisita Inc. (HLI) should be ordered considering that the issue on distribution was no longer being contested by HLI.
Mallari is the leader of a breakaway group of the bigger farmworker and beneficiaries (FWBs) called Alyansa ng mga Manggagawang Bukid ng Hacienda Luisita (Ambala), which has been regularly staging activities in front of the SC building to call of the High Court to already rule with finality on their case by dismissing HLI’s appeal.

Joining Mallari in his motion were 17 other FWBs. The farmers, however, filed their motion without the concurrence of a lawyer.
He said in their motion that HLI only raised issues on just compensation and stock distribution option for FWBs in their motion for clarification and partial reconsideration; thus, there should be no more legal impediment for awarding of land to FWBs who are no longer interested in the SDO.

“Apropos of the foregoing disquisition, the matter with respect to the placement or acquisition of the subject land under the Carp (Comprehensive Agrarian Reform Program) through the compulsory or mandated land acquisition scheme is no longer a bone of contention so to say,” the group said.

“Absent any question about the acquisition and redistribution of the land under the Carp, the matter is therefore deemed resolved and it can now be considered executory,” it added.

Mallari said the SC may use its power to order partial execution of its orders under Section 2 (b), Rule 39 of the Rules of Court despite pendency of other issues raised in the appeal filed by HLI.

In its November 22 resolution, the Court affirmed its July 5 decision that the just compensation for HLI’s agricultural land that will be transferred for land distribution to the farmer-beneficiaries should be computed based on the valuation of the land in 1989, when the Presidential Agrarian Reform Committee (PARC) approved its SDP.

The Court said when PARC approved HLI’s SDP, it was only the time that farmer-beneficiaries were considered to own and possess the agricultural lands in Hacienda Luisita.

The justices also unanimously agreed that the contested land should be distributed by HLI to the original 6,296 farmer-beneficiaries pursuant to an order of the PARC in December 2005. The court likewise directed HLI to pay the original FWBs with over P1.33 billion it earned from selling the 500-hectare converted portion of the land estate. (ECV/Sunnex)

Source: http://www.sunstar.com.ph/manila/local-news/2012/03/05/prisons-chief-snubs-justice-department-s-hearing-209609

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