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Its provisions foreshadowed the establishment of a legal framework for the
Service Insurance System (GSIS) Board of Trustees extended on November
Department of Agrarian Reform [DAR]) so that the land can be distributed
(FWBs) complement of Hacienda Luisita signified in a referendum their
FWBs in cash dividends or incentive bonus; and (b) distribution of free
Tadeco/HLI explained that the proposed revisions of the SDP are already
Two separate groups subsequently contested this claim of HLI
Industrial Park Corporation (LIPCO) for PhP 750 million. The latter
Centennary‘s TCT No. 292091 was canceled to be replaced by TCT No
365801 to the Rizal Commercial Banking Corporation (RCBC) by way of
Force was mandated to review the terms and conditions of the SDOA and
Executive Committee (Excom) (a) the recall/revocation of PARC Resolution
Rene Galang faction submitted their Comment/Opposition dated December
RCBC and LIPCO contended that the assailed resolution effectively
AMBALA are contextually real parties-in-interest allowed by law to file a
We disagree
SDP has been implemented would impair the contractual obligations created
6657. It should abundantly be made clear that HLI was precisely created in
Hacienda Luisita under the coverage of CARP and the eventual distribution
We are not persuaded
SDP sixteen (16) years after its execution pursuant to Sec. 31 of RA 6657
6657 permits stock transfer in lieu of outright agricultural land transfer; in
Not all the foregoing requirements are satisfied in the case at bar
AMBALA petition did NOT question the constitutionality of Sec. 31 of RA
The FARM members slept on their rights and even accepted benefits from
Sec. 31 of RA 6657. The second requirement that the constitutional
6657. Moreover, looking deeply into the underlying petitions of AMBALA,
These requisites do not obtain in the case at bar
farmworkers have a right TO OWN DIRECTLY OR COLLECTIVELY
THE LANDS THEY TILL. The basic law allows two (2) modes of land
Indirect transfer through collective ownership of the agricultural land is the
The aforequoted Sec. 4 EXPRESSLY authorizes collective ownership by
Its Sec. 29 allows workers‘ cooperatives or associations to collectively own
Albeit land ownership for the landless appears to be the dominant theme of
This contention has no merit
FWBs will ultimately own the agricultural lands owned by the corporation
RA 6657. The policy on agrarian reform is that control over the agricultural
50% of the total assets of the corporation to ensure that the majority of the
Task Force contained and summarized in its Terminal Report provided the
(2) HLI has failed to keep Hacienda Luisita intact and unfragmented;
(6) Several homelot awardees have yet to receive their individual titles
The petition is not impressed with merit
PARC to consider the advisability of approving a stock distribution plan is
10 and the SDP
Hacienda Luisita unfragmented is also not among the imperative impositions
The PARC is wrong
DAO 10 on increased income and greater benefits to qualified beneficiaries–
3% of the gross production sales of the hacienda and pay dividends from
SDP is not without basis as shown below
The ―preceding section‖ referred to in the above-quoted provision is
31 of RA 6657. This minimum ratio contemplates of that ―proportion of the
Centennary for the purpose of developing the land into an industrial
It can rightfully be said that both LIPCO and RCBC are––based on
Komai and Kyosuke Hori; and the Real Estate Mortgage in favor of RCBC
It cannot be claimed that RCBC and LIPCO acted in bad faith in
50 of RA 6657 to determine and adjudicate agrarian reform matters and its
Centennary for the amount of PhP 750 million pursuant to a Deed of Sale
(c) PEZA Certificate of Board Resolution No. 97-202 dated 27
(i) Proclamation No. 1207 dated 22 April 1998 entitled
Order No. 030601074-764-(95) issued in 1996 by then DAR Secretary
Garilao had effectively converted 500 hectares of hacienda land from
Given the above perspective and considering that more than two
SDOA which gave legal force and effect to the stock distribution scheme but
We held:
FWBs to choose whether they want to remain as HLI stockholders or not
1989. From 1989 to 2005, the FWBs were said to have received from HLI
Order and the 80.51-hectare SCTEX lot acquired by the government from
We also take into account the payment of taxes and expenses relating to the
FWBs. To be deducted from said area are the 500-hectare lot subject of the
WHEREFORE, the instant petition is DENIED. PARC Resolution
FWB is entitled to under the CARP had he or she not opted to stay in HLI as
300 hectares of the aforementioned 500-hectare lot to Luisita Industrial Park
80.51-hectare lot used for the construction of the SCTEX road network
3% of the total gross sales from the production of the agricultural land and
Resolution No. 89-12-2. DAR and LBP are ordered to determine the
The temporary restraining order is lifted
WE CONCUR:
Associate Justice Associate Justice
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G.R.-171101-HLI-VS.-PARC_luisita

G.R.-171101-HLI-VS.-PARC_luisita

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Published by: Roi Andrei Sibayan Galang on Feb 16, 2012
Copyright:Attribution Non-commercial

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