Hacienda Luisita files motion on recall of SDO

Hacienda Luisita Inc. (HLI) filed on Monday a motion for reconsideration before the Presidential Agrarian Reform Council (PARC) on the recall of the stock distribution option (SDO) at the sprawling sugar estate of the Cojuangcos.

In a 34-page motion, the HLI questioned the authority of the PARC and the Department of Agrarian Reform (DAR) over the controversy surrounding the implementation of the SDO, insisting that the regular courts should resolve the issue.

The HLI said the recall of the SDO would result in the dissolution of the sugar company, which makes the Corporate Code the "controlling law on the matter."

The HLI urged the PARC to reconsider its resolution on the recall of the SDO at Hacienda Luisita and dismiss the petitions for the cancellation of the scheme.

HLI corporate secretary Emmanuel Cochico, who signed the motion, said that the PARC and DAR secretary Nasser Pangandaman "have no jurisdiction, power and/or authority to recall, revoke, cancel, resolve or rescind, much less nullify" the SDO as neither the Republic Act 6657 nor Executive Order 229 vests upon the PARC to do so.

Republic Act 6657 is also known as the Comprehensive Agrarian Reform Law (CARL) of 1988 while Executive Order 229 created the PARC.

"We have scanned in vain R.A. 6657 and the laws given suppletory application such as R.A. No. 3844 or the Agricultural Land Reform Code (E.O. 229) for anything that gives the PARC jurisdiction and/or authority to nullify, resolve or rescind the SDO. But (there was) nothing," the motion said.

Cochico pointed out that the PARC is only empowered, among others, to approve the plan for stock distribution of agricultural lands of corporate owners or corporations, and to issue rules and regulations to carry out objects and purposes for CARL.