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Hacienda Luisita asks SC for TRO on land distribution
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By EDGARD HILARIO

The Hacienda Luisita, Inc. (HLI) has asked the Supreme Court to issue a temporary restraining order (TRO) to stop the Presidential Agrarian Reform Council (PARC), the Department of Agrarian Reform (DAR), and several other concerned government agencies from distributing the disputed 5,000-hectare sugar estate in Tarlac City to hacienda farmers.

HLI spokesman lawyer Vigor Mendoza also scored the DAR for its alleged attempt to mislead the Supreme Court by stating earlier that it has suspended implementation of the PARC decision to subdivide the land to farmer-beneficiaries pending a decision by the High Court.

"In an attempt to prevent the issuance of a TRO by the SC based on our earlier request, the DAR misled the country’s honorable justices through a Feb. 9 manifestation stating that they have voluntarily ceased and desisted from implementing the PARC decision pending an SC decision, thus there was no need for the High Court to issue a TRO," Mendoza said.

"DAR even refused to grant courtesy to the Office of the Solicitor General (OSG), whose opinion on the case was sought by the department. The OSG told DAR to wait for its opinion, but DAR went on with its own interpretation of the Comprehensive Agrarian Reform Program," said Mendoza.

This discourtesy, Mendoza said, is proven by the May 24 letter by DAR to HLI directing the latter’s presence in a field investigation of the sugar estate in line with Agrarian Reform Secretary Nasser Pangandaman’s earlier directive to his field officials to hasten the issuance of notices of coverage to all identified landholdings, including those not listed in this year’s land distribution target.

Pangandaman, Mendoza said, had also claimed that a recent Supreme Court ruling vested DAR with the exclusive authority to hear and try agrarian cases to free the department from legal maneuvers that some landowners might resort to stop the department from distributing lands to farmer benefiriaries of the state’s Comprehensive Agrarian Reform Program.

"Why is DAR rushing things when the issue is currently being heard at the Supreme Court and at the Office of the Solicitor General?" Mendoza asked. "We are seeking a TRO to stop them from implementing the questioned PARC decision to scrap Luisita’s SDO (stock distribution option).

"By issuing quick notices of coverage against Hacienda Luisita, DAR is not just trying to force itself against the law, the DAR is also showing little, or no respect at all, to the OSG and the Supreme Court," added Mendoza.

HLI also criticized Pangandaman for allegedly trying to use the media to mislead the thousands of farmer beneficiaries of the sugar estate that the hacienda will be distributed to them.

"In total disregard of DAR’s representation with the Supreme Court, Secretary Pangandaman declared in a series of press releases and interviews that Hacienda Luisita will be distributed to farmer beneficiaries this June.

"All these DAR is doing while the OSG and the Supreme Court are yet to make their opinion, or decision. If they can’t show respect to these two institutions, how can we expect them to follow the law?" said Mendoza.

The HLI said that DAR and PARC overstepped their authority by revoking the SDO issued by Hacienda Luisita to its farmers.

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