Akbayan Party condemns in the strongest possible terms the Supreme Court’s decision on the Hacienda Luisita case. We particularly convey our extreme disappointment over its confusing decision to disapprove the Stock Distribution Option (SDO) only to mind-bogglingly call for a referendum among Hacienda Luisita farmers to help them “decide” whether they want the Stock distribution option (SDO) or land distribution.
The decision is perplexing and can only be described as a travesty of justice. While the Supreme Court has nullified the SDO, the accompanying decision to call for a referendum is out-and-out deception. It only allows the estate’s elite incorporators to salvage their plans to keep Hacienda Luisita and to end any chances of the land ever being distributed. It will only serve to split the ranks of the beneficiaries, expose them to landlord machinations and force them to squabble over leftovers.
Conflicts will also arise among those who choose to be free of feudal bondage and those who prefer to keep them, deceived by the false promises of the SDO. The law is clear on the matter- land distribution is the only option, no “ifs or buts”. The CARP clearly said that the SDO is not part of it and only distribution is warranted as the genuine avenue of agrarian reform.
Hence, the SC’s decision to place the matter under referendum is in excess of its powers and is tantamount to usurping the powers of Congress because Republic Act 9700 or the CARPER Law specifically removed the alternatives to land distribution, such as SDO. The decision resuscitates the SDO contrary to the spirit of the CARPER Law.
The high court’s decision only serves as a powerful symbol for the landed elite that they can derail agrarian reform. The planned referendum serves as a lifeline for those who will benefit the most from an undistributed Hacienda Luisita.
However, what is most odious with this situation is that it will be done under the guise of free and conscious choice of the farmers themselves. A democratic tool will be used to subvert democracy. As the saying goes, “ginigisa sa sariling mantika.”
Clearly, what ought to have been a chance to correct the mistakes of the past and serve as a symbol of agrarian reform’s triumph over landlordism has become a window of opportunity to once again hoodwink and bamboozle the HLI farmers and ultimately, derail agrarian reform. Yet, what makes the decision deviously unique is that the blame will be placed squarely on the farmers.
We must not let this happen.
Thus, we call on President Aquino to exercise both moral and political suasion on this issue and act favorably on the interest of the farmers. If the HLI farmers cannot get justice from the country’s court of last resort or anywhere in this country, then we look forward to President Aquino to justly dispense it. This is a task he could no longer ignore.
For too long the farmers of Hacienda Luisita have yearned for the injustices against them be made right. They deserve no less than the outright nullification of the SDO and the immediate redistribution of lands. Anything less than actual land distribution is an assault on the farmers’ interest and the spirit of agrarian reform.
The ball is now in the hands of the President to put closure to an historical injustice to farmers. ###