THE militant peasant group Kilusang Magbubukid ng Pilipinas (KMP) and the claimants movement Coco Levy Funds Ibalik sa Amin (Claim) on Thursday slammed the reversal of a year 2000 ruling that has become final and executory the Supreme Court’s rejection of the petition to include 25.45-million San Miguel Corp. shares as part of the multibillion peso coco levy assets.
The KMP and Claim issued the statement after the High Court, in a 27-page en banc resolution on Oct. 5, denied the Philippine government’s bid to take back the SMC shares (that have been converted to non-voting Treasury shares) under the control of SMC.
KMP secretary-general Antonio Flores said “the Supreme Court in September 2000 rendered a decision directing SMC to return to the government, through the Presidential Commission on Good Government, 25.45 million shares, together with cash and/or stock dividends that have accrued thereto from March 1986.”
“Instead of compelling SMC to obey and comply with the SC’s September 2000 ruling that has become final and executory, the SC shamelessly reversed its decision ironically citing a clear violation of due process to one of the most powerful conglomerate,” Flores said.
“Under the guise of so-called due process for SMC, the SC blatantly denied small coconut farmers of their just and rightful claim over the funds,” Flores said.
In a related development, Anakpawis party-list Rep. Ariel Casilao urged President Rodrigo Duterte to certify as urgent the proposed Genuine Small Coconut Farmers’ Fund following his pronouncement the multi-billion coconut levy fund needed legislation to be used by the coconut farmers.
Casilao also cautioned Duterte there were legislative proposals for the said fund but were essentially depriving the farmers of their legitimate claim.
“The Duterte presidency should be watchful of the many bills for the coco levy funds, such as the substitute bill last congress, but was only attempting to privatize the fund and treat the farmers, who are the real owners, as mendicants,” Casilao said.
Casilao was referring to the substitute bill for House Bills 1327, 4900, 5208 and 5250, filed during the 16th congress.
The Anakpawis party-list group, then represented by Rep. Fernando Hicap, authored then House Bill No. 1327, Genuine Small Coconut Farmers’ Fund, pulled out from being a co-author as the substitute bill did not express the sentiments of the farmers.
“Most bills consider even the landlord as coconut farmer, put priority to the industry and treat farmers as ‘accidental benefiaries,’” Casilao said.
Flores insisted the 25.45-million SMC treasury shares formed part of the original Coconut Industry Investment Fund–Oil Mills Group shares belonging to small coconut farmers.
Justice Presbitero Velasco Jr., who wrote the decision, said “Indeed, it is unsporting, nay the height of injustice a clear violation of the due process guarantee, to order SMC to comply with any decision rendered in CC 0033-F when it was never given the opportunity to present, explain and prove its claim over the presently contested shares.”
The shares were the subject of a compromise agreement between SMC and UCPB in March 1990 that was disapproved by the Sandiganbayan a few years later.
The Sandiganbayan decision was affirmed by the Supreme Court on Sept. 14, 2000.
On April 17, 2001, SMC’s Motion for Reconsideration was denied by the Supreme Court, and an entry of judgment was issued on June 27, 2001.
If passed into law, Casilao said HB 557 intended to distribute the coconut levy funds, by declaring it as a “genuine small coconut farmers’ fund,” to be administered by a “small coconut farmers’ council” composed of actual farmers.
The fund shall be apportioned to all coconut farmers in the form of financial assistance and social benefits such as pension, medical and hospitalization, maternity, educational assistance and scholarships; and finance socio-economic projects initiated by small coconut farmers such as livelihood programs for their additional incomes, small and medium-scale coconut enterprises and programs for loan facilities for small coconut farmers.
He said other bills intended to make the coconut levy funds as a “perpetual fund,” or only allocating a tiny 5 percent and the expected earnings for the benefit of the farmers.
Casilao said: “The bill we filed is concretely proposed by the coconut farmers themselves, under the banner of Coco Levy Ibalik Sa Amin or Claim movement, from coconut-producing regions such as Bicol, Southern Tagalog, Eastern Visayas, Aurora province, and some parts of Mindanao.
“That is why we [give] integrity to the term ‘genuine,’ contrasting other bills filed by those representing the landlord and big businesses whose interests are only to profit from the fund, pillaged from the poor farmers during the Marcos dictatorship.”