UP ALYANSA has always been with the marginalized, oppressed and powerless in pursuit of social justice and social progress. We therefore lament the latest statement of Anakbayan UP Diliman which attacks our article on agrarian reform in the July 2011 issue of the ALYANSA Newsletter. In their statement, Anakbayan UPD brands our position regarding the Hacienda Luisita farmers and the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER) law as 'anti-farmer'.
We condemn, for the nth time, the misinformation being disseminated by these people who pride themselves as 'true student leaders'. To quote from their statement:
"May we remind these pseudo-progressives, that the CARPER itself enabled the SC to decide in favor of a sham referendum. The fabled stock distribution option (SDO) in Chapter 1 Section 3.a of the former CARP Law was maintained in the CARPER version.
SECTION 3. Definitions. - For the purpose of this Act, unless the context indicates otherwise (a) Agrarian Reform means the redistribution of land… such as production or profit-sharing, labor administration, and the distribution of shares of stock…”
The Constitution explicitly stipulates and mandates that landless farmers and farmworkers should "OWN directly or collectively THE LANDS they till" (1987 Constitution: Article XII, Section 4; capitalization ours). In the belief that the stock distribution option (SDO) provision was a loophole inserted by the landlord bloc into the old CARP law (Republic Act 6657), CARPER authors and advocates made it a point to address the said provision in the new law (Republic Act 9700).
The stipulation of the implementation of the principle of “actual physical possession” when awarding land directly avoids non-distributives schemes like the Stock Distribution Option given that stocks are not considered actual physical possession. According to Section 9 of RA 9700 (effectively amending Section 24, ‘Award to Beneficiaries’ of RA 6657), “The rights and responsibilities of the beneficiaries shall commence from their receipt of a duly registered emancipation patent, or certificate of land ownership, and their actual physical possession of the awarded land." Section 10 of RA 9700 (effectively amending Section 25 of RA 6657) further provides that, “In general, the land awarded to a farmer beneficiary should be in the form of an individual title, covering one contiguous tract or several parcels of land cumulated up to a maximum of three (3) hectares.”
Furthermore, under the new law, only two modes of acquisition are recognized: Voluntary-Offer-to-Sell (VOS) and compulsory acquisition (Section 5) as affirmed by the recent SC decision (G.R. 171101) which states that, "It may be well to note at this juncture that Sec. 5 of RA 9700 amending Sec. 7 of RA 6657, has all but superseded Sec. 31 of RA 6657 vis-à-vis the stock distribution component of said Sec. 31. In its pertinent part, Sec. 5 of RA 9700 provides: '[T]hat after June 30, 2009, the modes of acquisition shall be limited to voluntary offer to sell and compulsory acquisition.' Thus, for all intents and purposes, the stock distribution scheme under Sec. 31 of RA 6657 is no longer an available option under existing law.”
Our position for CARPER implementation, therefore, is not contradictory but complementary with our call for the immediate distribution of lands in Hacienda Luisita. After twenty years of CARP marred with flaws, the CARPER law became in unison with our Constitution in saying that agrarian reform is essentially about giving away lands, not stocks.
In the end, UP ALYANSA agrees with their statement that land distribution has been painstakingly slow, and their pronouncement that politics of credit-seeking without concrete and effective action should be assailed. In light of this, we challenge Anakbayan UPD to join us in helping the farmers and the government in the efficient and effective implementation of the only existing law on agrarian reform, which is the CARPER law.
The Iskolars para sa Bayan have already thrown their support behind CARPER. Four years ago, we marched in UP Diliman with the Sumilao farmers who walked more than 1,000 kilometers from Bukidnon on foot to push for the recognition of their lands as agricultural lands and the enactment of CARPER. Three years ago, we marched to the House of Representatives with the Calatagan farmers of Batangas, also to forward the swift passage of CARPER. With only three years before CARPER reaches its expiration, it is high time for Anakbayan UPD and other student groups to be in solidarity with farmers, labor unions, non-government organizations and even the Church in fully realizing the potentials of CARPER, including the distribution of lands in Hacienda Luisita.
Iskolar para sa Bayan, kasama ka sa pagkamit ng hustisyang pang-agraryo sa pamamagitan ng CARPER.
Tuesday, August 9, 2011
Subscribe to:
Posts (Atom)
