Luisita farmers fear SC under Sereno will reverse distribution decision

(Updated 9:30 a.m.) - President Aquino's choice of Maria Lourdes Sereno to be Chief Justice was met with widespread praise. But at least one vocal and crucial sector is not pleased: the more militant Hacienda Luisita farmers. Their representatives released a statement Sunday denouncing her opinion that the Hacienda Luisita Inc. (HLI) and Tarlac Development Corp. (Tadeco) of the Cojuangco family, relatives of Aquino who own the large Tarlac estate, should be given compensation much larger than what was decided by the majority of her colleagues in November 2011. She, however, did not oppose the distribution of the 4,915-hectare sugar plantation to farmer-beneficiaries. But the issue of compensation could be a stumbling block in the actual physical allocation of the land, an issue that could again reach the Supreme Court under Sereno.

 

In Sunday’s joint statement, the Unyon ng mga Manggagawa sa Agrikultura (UMA) and the Alyansa ng mga Manggagawang Bukid sa Asyenda Luisita (Ambala) said that the High Court, under Sereno’s leadership, might reverse its November 22, 2011 ruling, which ordered the total distribution of the lands to farmers-beneficiaries. 

 

Sereno, who was appointed the first woman chief justice of the High Court Friday by Aquino, argued that the Cojuangcos should be compensated for the plantation using 2006 prices when the Notice of Coverage was issued by the Department of Agrarian Reform. This is contrary to the SC majority decision that it should be computed using the land’s 1989 market value. 

 

The Constitution and the agrarian reform law require that owners of private lands should be given just compensation using the current fair market value of the land at the time of its appropriation for land-reform purposes.  According to Sereno's dissenting opinion: "Although I agree with the majority with respect to the revocation of the Stock Distribution Option Agreement, the immediate compulsory coverage of the agricultural lands in Hacienda Luisita under the Comprehensive Agrarian Reform Law, and their immediate distribution to the qualified farmworker-beneficiaries, I maintain my dissent regarding the following: the amount of just compensation to be awarded to petitioner Hacienda Luisita, Inc., and Tarlac Development Corporation should be reckoned from the fair market value under the law, rules and jurisprudence, specifically as of the date of the issuance of the Notice of Coverage on 02 January 2006." While there is no opposition in the government to distribution of Luisita, the compensation to the land owners will be deliberated in a "Special Agrarian Reform Court."

 

Larger payout to the Cojuangcos

 

Using the 2006 valuation formula, Hacienda Luisita would be worth P2- to P2.5 million per hectare, a larger payout to the Cojuangcos compared to the market value in 1989, when stocks were distributed to farmer-beneficiaries rather than actual land.

 

“Sereno wanted the Cojuangcos to be given higher compensation in the Hacienda Luisita ruling. This is disturbing, as early on in her career, it was already apparent whose side she is vouching for,” Kabataan party-list Rep. Raymond Palatino said in a separate statement. 

 

“Sereno’s appointment tramples on the judiciary system. We all know whose interest she will serve and follow. Certainly it would not be the interest of the Hacienda Luisita farm workers nor the broad masses. She is the ideal puppet of the President Aquino,” said UMA secretary general Rodel Masa.

 

According to UMA, the public must not be deceived by Aquino’s decision to appoint a lady chief justice as it covers-up his deceitful intent of having the SC decision reversed.

 

“The CJ post is not about male or female stewardship of the Supreme Court, it is all about competency and independence. Regardless of gender, she or he must also be equipped with moral aptitude to bestow a just conviction favoring the people’s interest,” Mesa said.

 

Palatino added that since her appointment by Aquino in 2010, Sereno already showed her “penchant” to support the causes of Aquino’s maternal family – the Cojuangcos.

 

'Her heart is in the right place'

 

Sereno has, however, vowed to be independent.

 

“I assure my countrymen that I will keep my oath of office faithfully to the end of my term. That is something that they can rely on,” she said during a brief interview with reporters following the announcement of her appointment last Friday. 

 

Furthermore, there are opposing voices to those of the farmers'.

 

"She is very disciplined in her interpretation of the law, and makes decisions based on the national interest," said Tony Laviña, the Dean of Ateneo's School of Government who has known Sereno for more than 30 years. "She is pro-poor and a fighter. Her heart is in the right place."

 

Gloria Ramos, an environmental lawyer and coordinator of the Philippine Earth Justice Center, also lauded Sereno for her "independence, probity and integrity."

 

"With her brilliance, integrity and youth, I'm hopeful that under her watch she will revitalize the green courts to serve as bastions of environmental justice upholding our people's constitutional right to a healthful and balanced ecology," added the EcoWaste Coalition lawyer. — Aileen Estoquia/DVM/HS/KG, GMA News