Luisita asks Supreme Court: Approve deal

MANILA, Philippines - The Supreme Court (SC) was asked yesterday to approve the compromise deal resolving the dispute on the sugar plantation owned by the family of President Aquino in Tarlac.

In a two-page joint submission and motion of approval, the Hacienda Luisita Inc. (HLI) asked the High Court to consider the settlement it forged with farmer-beneficiaries in ruling on a petition seeking a review of the distribution of the plantation to farmers under the government’s Comprehensive Agrarian Reform Program (CARP).

“It is respectfully prayed that the compromise agreement be approved and judgment rendered in accordance therewith,” HLI asked the Court.

The deal was forged by HLI, Tarlac Development Corp., which owns majority interest in the company; and 5,498 farm workers out of a total work force of 6,296, or 92.9 percent of farm workers.

It was signed by HLI corporate secretary Eufrocino de la Merced Jr., AMBALA president Noel Mallari and ULWU vice president Eldifonso Pingol representing the farmers, and Julio Suniga and Windsor Andaya of the HLI Supervisory Group.

Under the agreement, farmer worker-beneficiaries are given the option to stay with the stock distribution option (SDO) contained in the 1989 Memorandum of Agreement or choose productive agricultural lands, which will be given for free, as their mode of compliance with the CARP.

Also, financial assistance amounting to P150 million will be distributed among the beneficiaries, which will be released on a staggered basis upon the SC’s approval of the compromise agreement.

According to HLI, the result of the census conducted from Aug. 6 to 10 revealed that more than 70 percent or 7,441 of the 10,502 farmer-beneficiaries signed the compromise agreement.

Of this number, 7,302 or 98.13 percent voted for SDO, while 139 or 1.88 percent voted for land distribution.

The SC was told that the parties had entered into a deal last Aug. 6 and “amicably settled their differences” in the belief that the agreement “will further improve the quality of lives of the farm workers in Hacienda Luisita.”

HLI stressed that the deal was a result of a series of “pursuit of establishing permanent peace and harmony in the hacienda.”

The company revealed that discussions, consultations, and negotiations to settle the disputes were undertaken by parties after they adopted a tri-party memorandum of agreement on May 11, 1989 wherein the parties have chosen stock distribution as an alternative arrangement instead of land distribution in compliance with RA 6657 (CARP).

Court administrator Jose Midas Marquez, also spokesman of the court, said the agreement will still require final approval from the High Court and will be included in the agenda of its weekly full-court session next Tuesday.

Marquez said the magistrates would also decide whether or not there still is a need to push through with the oral arguments on the case set Aug. 18.

Apart from the compromise deal, the HLI also complied with the order of the SC for the submission of a complete list of its incorporators, including all 10,502 farmer-beneficiaries who hold “Class A” shares in the company.

In a five-page compliance, the company said holders of “Class B” shares are Pedro Cojuangco, Josephine Reyes, estate of Teresita Lopa, Jose Cojuangco Jr., Paz Teopaco and Tarlac Development Corp. (TADECO).

The Cojuangco siblings each hold 70,000 direct shares while TADECO holds 235,181,459 shares in HLI.

Attached with the pleading were certifications signed by De la Merced Jr., HLI’s corporate secretary, showing that both Class A and B shares are valued at one peso each.

De la Merced also certified that HLI holds 12,099,995 shares in Centenary Holdings Inc., while it holds 134,999 shares in Luisita Industrial Park.

The HLI official said the corporation has no shareholdings in Luisita Realty Corp.

Meantime, Catholic Bishops’ Conference of the Philippines-National Secretariat for Social Action, Justice and Peace (CBCP-Nassa) executive director Fr. Edwin Gariguez said they are looking for someone who may act as a bridge between President Aquino and the Luisita farmers so the latter could air their sentiments. With Evelyn Macairan