Culture & Identity

‘Unfairly treated’ Hacienda Luisita – Kodao Productions

‘Unfairly treated’ Hacienda Luisita – Kodao Productions


By Diego Morra

The Court of Appeals (CA) has reversed the decision of a Tarlac court regarding the “just compensation” for Hacienda Luisita, Inc. (HLI) landlords who were unfairly treated when both the Department of Agrarian Reform (DAR) and the Land Bank of the Philippines (LBP) assessed the value of the land to be indecently low and failed to take into consideration the improvements on the 6,245.6484 hectares of land in the hacienda.

HLI “owns” 6,245.6484 hectares of land in Tarlac City as well as in La Paz and Concepcion towns but the property, which use to be controlled by Tabacalera, was secured by the Cojuangco family from the government. In 2013, DAR issued notices of land valuation and acquisition to HLI, thus settling the stage for its coverage under the Comprehensive Agrarian Reform Program (CARP), which ironically was enacted in 1988, during the incumbency of President Cory Aquino, who was a stockholder of HLI. Out of the total land area, the DAR and Landbank determined that 4,500.7978 hectares of the land were subject compensation, with the bank depositing P304,033,138.26 for payment to HLI, which rejected the valuation.

Losing its challenge before the Department of Agrarian Reform Adjudication Board (DARAB), which affirmed the Landbank decision to pay HLI more than P304 million, the company filed a case against both DAR and Landbank before the Tarlac City Regional Trial Court (RTC) Branch 63, which upheld the DARAB decision and rejected any additional compensation for the Cojuangcos in its February 15, 2023 verdict. HLI then filed a petition for review before the CA. The CA found merit in HLI’s petition, arguing there was no proper assessment and that the amount due the Cojuangcos was low, which was inconsistent with the provisions of CARP that called for “real, substantial, full, ample, just and fair, with due consideration to the factors enumerated under Section 17 of RA 6657, as amended.”

To be fair to the Cojuangcos and the other parties that have invested in Hacienda Luisita, presumably in areas of the agricultural estate not covered by the 4,500.7978 hectares for CARP distribution, the April 25, 2025 CA decision penned by Associate Justice Raymond Reynold Lauigan and concurred in by Associate Justices Marie Christine Azcarraga Jacob and Ferdinand Baylon ordered the payment of P28,488,944,278.71 as just compensation as of April 30, 2025, without prejudice to the accrual of interest until fully paid. CA said HLI should also be compensated “fairly and fully” equivalent to the “loss sustained by it as landowner.” It added that the lower court erred as it failed to take into account the actual production value in the determination on how much is the correct just compensation due HLI. CA threw by the wayside LBP and DAR’s use of industry standard values in acquisition cost of the CARP lands.

Reacting to the CA decision, the Kilusang Magbubukid ng Pilipinas (KMP) condemned the verdict as another injustice inflicted on thousands of landless farmers and agricultural workers at the sprawling estate. “This decision is but a continuation of what is turning out to be a litany of injustice under CARP,” it said. The Cojuangco-Aquinos, Ayalas, Lorenzos and Yuchengcos continue to control Hacienda Luisita, with the latter three families venturing into the hacienda after DAR was supposed to have distributed the land to the landless peasants and agricultural workers. After carving up the hacienda and investors proceeding with property development projects within the estate, with the peasants and workers still not possessing land, it is completely unjust for the courts to compensate the landlords while not installing the farmers and workers to the land that, by the provisions of CARP, should already be theirs.

“Walang katarungan sa pagbibigay ng P28.49-bilyog pisong kabayaran sa mga panginoong maylupa na dekada nang nagsamantala at nagkamal ng yaman mula sa mga magsasaka at manggagawang bukid ng Hacienda Luisita. Ito ay malinaw na patunay ng kabiguan at kabulukan ng CARP,” KMP chairperson Danilo Ramos argued. “Batay sa dokumentong inilabas ng Court of Appeals (CA-G.R. SP No. 180821), kinilala ng Korte ang kabuuang halagang P28,488,944,278.71 bilang kabayaran sa mga Cojuangco-Aquino, matapos ibawas ang nauna nang natanggap na P1.5 bilyon. Naging basehan ng desisyon ng CA ang pinakabagong halaga ng lupa nitong Abril 30, 2025. Ngunit sa kabila ng kabayarang ito, daan-daang magsasaka at pamilya sa Hacienda Luisita ang patuloy na walang lupa, walang nakamit na hustisya, at patuloy na inaagawan ng kabuhayan dahil sa malawakang land use conversion sa HLI,” he added.

After peasants and workers were murdered, evicted and repressed in Hacienda Luisita, those who continue to profit from the large estate are even rewarded, Ramos explained. “Sa ilalim ng CARP, deka-dekadang ginawang negosyo ang reporma sa lupa — hindi para tunay na mamahagi ng lupa kundi para magbenta, ipasok sa land conversion at land speculation ang mga lupain. Ang Hacienda Luisita sa ngayon ang ang pinakamalinaw na halimbawa ng kawalan ng intensyon ng administrasyong Marcos Jr. na solusyunan ang problema sa lupa,” the KMP leader maintained. Instead of distributing the land, the DAR has called for compromise agreements, land use conversions and compensation for the profiting landlords.

Under CARP and the New Agrarian Emancipation Act, the legal schemes to grab more lands from legitimate beneficiaries has been crafted and employed. The government is sabotaging its own agrarian reform program and setting the stage for bigger agribusiness ventures, larger solar farms and a titling program to make it easier for farmers to sell their land. Ramos argued that the amount that the CA wants as just compensation for the Cojuangco-Aquinos is even bigger than the DAR budget for this year. “Hindi na dapat bayaran ang pamilyang ito pati na ang mga Lorenzo na may malaking sapi na rin sa Hacienda Luisita. Sa halip na maglaan ng sapat na pondo para sa ayuda, suporta sa produksyon at kumpensasyon sa mga magbubukid, magbubuhos pa ng gobyerno ng yaman ng bayan sa mga landlord. Habang gutom at lugmok ang magsasaka, may bonus pa ang mga panginoong maylupa,” he concluded. #



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Kodao

Kodao Productions is an award-winning multi-media production outfit. It produces videos on burning social issues in the Philippines, such as environmental destruction, human rights, and other civil liberties. Aside from videos, Kodao also produces radio programs for national radio networks and community radio stations throughout the country. Both its video and radio productions have been awarded and cited by private and government institutions.

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