[LEGAL NOTES] Void or valid?: The legal acrobatics of the Supreme Court decision on Hacienda Luisita

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Decision or Confusion?

In its decision dated July 5, 2011, the Supreme Court affirmed the resolution of the Presidential Agrarian Reform Council (PARC) revoking the Stock Distribution Plan (SDP) of the Hacienda Luisita Inc. (HLI). At first glance, it may seem that the decision is a victory for the farmers. However, a close reading of the lengthy decision will show that it leaves much to be desired.

[LEGAL NOTES] HLI must subscribe to the tenets of social justice and distribute the land to the farmers

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The Stock Distribution Program being implemented by Hacienda Luisita is contrary to the purpose of the agrarian reform law and violates the constitution. 

To meet the ends of social justice, the distribution of the land to the farmers who have tilled it all their lives is in order.

The provision in the law which allows such option should also be declared unconstitutional by the Supreme Court for being contrary to the noble purpose of agrarian reform.