CITY OF SAN FERNANDO—Agrarian Reform Secretary Rafael Mariano on Wednesday nullified the sale or lease of agrarian lands awarded by the federal government in Hacienda Luisita.
Mariano cited the 10-year ban that stopped holders of certificates of land possession award (Cloa) from promoting and leasing agrarian lands distributed by the Comprehensive Agrarian Reform Program (CARP).
His order additionally affected all three way partnership preparations involving Cloa tons.
He acted on the outcomes of a monthlong Cloa validation which concluded that four,000 of 5,212 farmer-beneficiaries had bought, leased or certain their land in joint agreements that defied the ban. The beneficiaries of 6,884 tons complete 6,212 farmers.
But when requested if the Cloa holders had been additionally answerable for the sale, Mariano mentioned he directed the Department of Agrarian Reform (DAR) to first decide why Cloa holders acted this fashion.
He mentioned DAR must resolve if the sale, lease or three way partnership contracts “were justifiable or forced by circumstances [arising from] lack of government support coupled with landowner’s resistance and maneuverings.”
Mariano described the cancellation of contracts as “mapagpasyang hakbang (decisive action)” in protection of the beneficiaries.
But entrepreneurs who leased Cloa tons questioned Mariano’s determination, saying it went in opposition to a constitutional provision that ensures the nonimpairment of obligations of contracts.
Tarlac Rep. Noel Villanueva, who spoke on behalf of the leaseholders, mentioned: “Secretary Mariano is an alter ego of President Duterte so the secretary’s move is an executive action. Aside from the constitutional question, lease holders want to clarify who will benefit from the crops. Is there potential unjust enrichment here?”
The agrarian lands within the sugar property previously owned by the clan of former Presidents Corazon Aquino and Benigno Aquino III had been distributed in 2013 when the Supreme Court canceled the shares sharing scheme started in 1989 and ordered the lands to be handed out to farmers in 2012.
The inventory possibility scheme is allowed by CARP, and the inventory shares benefiting 6,212 farm employees had been the equal of four,915 hectares. By 2014, every of the farmers acquired Cloa for six,600 sq. meters of land when DAR fulfilled the Supreme Court order.
Mariano additionally revoked the conversion order which allowed 500 ha of Luisita land to be purchased by the Rizal Commercial Banking Corp. (RCBC).
The Kilusang Magbubukid ng Pilipinas, which Mariano used to chair, started occupying and cultivating the RCBC lot on Monday.
Mariano warned that he would “throw the full force of the law” in opposition to those who would defy his order.
“The practice of ‘aryendo’ (renting sugar cane land) is illegal and a willful and deliberate obstruction in the delivery of the agrarian reform program,” he mentioned, including that DAR would assist those that had been compelled to lease or promote their tons.
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