Agrarian Reform Policy under President Corazon Aquino: Hacienda Luisita Issue

Rationale

The Comprehensive Agrarian Reform Program, more commonly known as CARP, is an agrarian
reform law of the Philippines whose legal basis is the Republic Act No. 6657, otherwise known as the
Comprehensive Agrarian Reform Law (CARL). It is the redistribution of private and public agricultural
lands to help the beneficiaries survive as small independent farmers, regardless of the “tenurial”
arrangement. Its goals are to provide landowners equality in terms of income and opportunities,
empower land owner beneficiaries to have equitable land ownership, enhance agricultural production
and productivity, provide employment to more agricultural workers, and put an end to conflicts
regarding land ownership.

Republic Act (RA) 6657 or the Comprehensive Agrarian Reform Law (CARL), was signed into law
by President Corazon C. Aquino on 10 June 1988 in response to peasants' call for equitable access to
land. ... CARL was the sixth land reform law in more than 50 years following land reform laws since 1933.

The Agricultural Land Reform Code (RA 3844) was an advancement of land reform in the
Philippines and was enacted in 1963 under President Diosdado Macapagal. It abolished tenancy and
established a leasehold system in which farmers paid fixed rentals to landlords, rather than a percentage
of harvest. In agricultural leasehold, the farmer cultivates the land belonging to, or possessed by,
another with the latter's consent for a price certain in money or in produce or both. It also established
the Land Bank of the Philippines to help with land reform, particularly the purchase of agricultural
estates for division and resale to small landholders, and the purchase of land by the agricultural lessee.
While the law was a significant advance over previous legislation, though the bill was weakened by
numerous amendments imposed by Congress, which was dominated by landlords. It was also weakened
by the failure of Congress to allocate necessary funds for effective implementation of the law. The act
has been further amended several times subsequent to becoming law by later legislation.

The main provisions of the Agricultural Land Reform Code were: To establish and encourage the
formation of family-sized farms as the basis for Philippine agriculture. To improve the lives of farmers by
liberating them from harmful practices such as illegal interest rates. To encourage greater productivity
and increase income of small farmers. To apply labor laws equally regardless of status. To provide a land
settlement program and promote equitable distribution of land. To make poor farmers self-reliant,
responsible citizens to strengthen society

Status quo

The said agrarian reform policy by former President Corazon Aquino was just extended to the current
laws we have today.
Objective:
1. To know what really happened on that day at Hacienda Luisita
2. To know the cause of that particular incident
3. To know the final verdict of the court regarding the incident

Statement of the problem:

The unclear and debatable nature of the incident (i.e what actually happened), and the
repercussions it caused to the owners of Hacienda Luisita.

On 6 November 2004, United Luisita Workers Union (ULWU) and the Central Azucarera de
Tarlac Labor Union (CATLU) launched a strike near Gate 1 of the Central Azucarera de Tarlac sugar mill.
The protesters were pushing for an increase in their P9.50 weekly wage, increased worker benefits and,
more broadly, a greater commitment for national land reform. Over a thousand farmers, and another
several thousand union members attended the demonstration.

On 16 November 2004, ten days after the start of the said strike, police and soldiers were
dispatched by then Labour Secretary Patricia Santo Tomás, to storm and disperse the blockade. The
enforcers utilized tear gas, water cannons, guns, and military vehicles to disseminate the crowd. Seven
of the people participating in the rally were killed, an estimated number of 121 people, adults and
children, were injured, and 133 people were arrested and detained.

The incident has sparked a national outcry, however, then Deputy Speaker Benigno ‘Noynoy’
Aquino III, Representative of Tarlac, claims that the dispersal done by the enforcers was justified. A case
was filed against the police and military with regards to the injuries and deaths, however it was
dismissed by the office of the Ombudsman in 2010. Proceeding that, a motion to reopen the case was
filed by the families of the victims, however, it was declined by the Office of the Ombudsman on 2
October 2014.

The November 2004 massacre or more popularly known as the Hacienda Luisita massacre is one
of the most prominent instances of protest related deaths of Filipinos in recent years. In the months
following the Hacienda Luisita massacre, eight more people who either supported or provided evidence
to the farmers’ cause were found murdered, beginning with the assassination of peasant leader
Marcelino Beltran just before he was to testify about the massacre.

Scope:
The time and place of the incident, also the belligerents of the said incident

Limitation:
It is only limited to those who are actually involved in the particular incident (i.e those who had direct
and indirect participation of the incident), and the consequences of the actions taken by the owners of
the land, and the subsequent court action that later followed the incident
Conclusion:

The Supreme Court ruling states that the 4,916 hectares of Hacienda Luisita is to be redistributed to
6,296 registered farm-worker beneficiaries, while the Hacienda Luisita Incorporated (HLI) will be
receiving 40,000 pesos per hectare as compensation. This is based on the 1989 valuation of the
Hacienda Luisita that the Supreme Court had voted upon.

The process of land distribution was decided to be through lottery system, wherein the names of the
beneficiaries are placed into a drum, and those chosen will be given the Lot Allocation Certificate (LAC).
Farmer-worker Beneficiaries then sign the Application to Purchase and Farmers' Undertaking (APFU), for
the registry of their Certificate of Land Ownership Award (CLOA), which is the actual land title. The
lottery system had started on 18 July 2013 in Barangay Cutcut, Tarlac City with 340 farmers being given
the first batch of Lot Allocation Certificates. But it was on 30 September 2013, where DAR Secretary
Virgilio de los Reyes started awarding the actual Certificate of Land Ownership (CLOA) to 600 Farmer-
worker beneficiaries in Barangay Pando.

As of 12 July 2016, 4,099 hectares have been already distributed to farmers, but the sales shares from
the Hacienda Luisita's converted land to be paid to the farmer-worker beneficiaries have been left
unpaid which amounts to 1.3 billion pesos. As of 4 July 2018, the Hacienda Luisita has fully complied
with distributing the sales shares to farmers. The 1.3 billion peso was broken down as such: P500 million
received from Luisita Realty Inc. for a 200 hectare lot sold in 1996, P750 million for the selling of Luisita
Industrial Park, and around P80 million for the 80.51 hectares used for the SCTEX road network. The
ruling also states that 3% of the earlier stock transfers that were paid to the farmers will be deducted
from the 1.3 billion to be received.