How the new Chief Justice Lourdes Sereno might save Hacienda Luisita from the CARP

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Back in April of this year, the Supreme Court (SC) voted 8 to 6 to value Hacienda Luisita on the basis of a 1989 assessment of Php40,000 per hectare or a total Php200 mllion compensation to the owners of the entire property when it is subject to the Comprehensive Agrarian Reform Program (CARP). Newly-appointed Chief Justice Lourdes Sereno was at the time among the six justices who voted to uphold a counter-proposal she herself put forth to base the value of the property on current fair market value as of January 2006. Under Sereno’s proposal that would make Hacienda Luisita worth Php10 billion — enough money to save the Cojuangcos’ tony lifestyles.

Now that Sereno is Chief Justice, some groups have raised the possibility that she may reverse the SC’s late-2011 rulings on the subjection of Hacienda Luisita to the CARP and, in the process, possibly void the April 2012 ruling on its valuation…

In Sunday’s joint statement, the Unyon ng mga Manggagawa sa Agrikultura (UMA) and the Alyansa ng mga Manggagawang Bukid sa Asyenda Luisita (Ambala) said that the High Court, under Sereno’s leadership, might reverse its November 22, 2011 ruling, which ordered the total distribution of the lands to farmers-beneficiaries.

But the Integrated Bar of the Philippines (IBP) for its part assured everyone that such a reversal is “unlikely” because the November 2011 decision to subject the property to the CARP was “unanimous, final and executory.” Then again, Sereno who reportedly scored a four on a scale of 1 to 5 (five being the lowest) in psychology tests included in the Judicial Bar Council’s process of evaluating candidates was allegedly characterised as “dramatic and emotional” according to information leaked to the media. This raises questions around the reliability of any assurances coming from her that she will be running a truly “independent” judiciary.

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So can Sereno overturn the SC’s Hacienda Luisita rulings if she decides to?

If the United States judiciary is used as a model for this thought experiment, the answer is yes. According to crowdsourced information found in Answers.com, there are two “legitimate methods” available in the US to overturn Supreme Court decisions:

(1) The US Supreme Court reverses a decision on an earlier case by making a contradictory decision on a current case.

(2) Congress and the States can overturn a decision by amending the Constitution.

That means that if over the next year or so…

(a) Sereno can find a property in similar circumstances that Hacienda Luisita was in at the time the SC issued its ruling to subject it to the CARP back in November 2011 and somehow get the SC to deliver a ruling that exempts it from the CARP (i.e. that then contradicts the precedent it set in the Hacienda Luisita case), giving it sufficient grounds to reverse its decision on the subjection of Hacienda Luisita to the CARP as well; or,

(b) Congress can approve amendments to the Philippine Constitution that will run counter to the underlying principles applied in the SC’s November 2011 ruling on Hacienda Luisita and, perhaps, its April 2012 ruling on its valuation;

…then we may find Uncle Peping laughing all the way to the bank.

This puts some interesting context behind current calls to amend the Constitution. Will Philippine Congress use these “constitutional reform” initiatives as jump-off platforms to campaign for and initiate the process of constitutional change during which it could sneak in provisions that will enable Sereno to accomplish her mission?

On that note…

Are there properties still out there with pending cases in court related to their subjection to the CARP that Sereno can tap?

Will President Benigno ‘BS’ Aquino III again issue a call to action to his minions in Congress to mount a Crusade to save the Holy Yellow Land in Tarlac?

Abangan ang susunod na kabanata.

34 Replies to “How the new Chief Justice Lourdes Sereno might save Hacienda Luisita from the CARP”

  1. The Yellow Dildos could easily get the Hacienda back. Sereno is merely a pawn on Uncle Peping’s board. She has no respect for the Constitution or the Rule of Law and she knows her colleagues are afraid of being impeached especially now that they know they can be impeached for charges that are not impeachable and using illegally obtained evidence. Anyway, congratulations are in order to Uncle Peping. This venal kleptocrat has managed to destroy the separation of powers using a trained monkey – BS – as his pawn. That’s a stunning achievement considering what an idiot BS is.

    1. The yellowtards might be celebrating now but when Pnoy screws up again, his presidency might not last long as they hoped.

  2. Great article as usual Benign0 although
    I’m very sure our “favorite” yellow idiot/s will show their faces here and spread their yellow propaganda.
    TBH, they are already getting really predictable.

  3. “IBP : Hacienda Luisita case won’t be an issue in SC under Sereno”

    halata na tlga ito. Kung kontra kayo sa
    bagong CJ, umpisahan na ninyo hatakin pababa
    from day one sa opis,
    kahit hindi pa naka
    umpisa sa trabaho gawan na ninyo ng
    paninira.

    1. If you trust Sereno so much then you shouldn’t be concerned. But seeing you here whining about an opinion… hmmm…

    2. Baka IKAW ata ang unang maghatak. Don’t you see? A Chief Justice appointed by Noynoy will have a conflict of interest.

      Guilty much? 😛

      1. Unfortunately, no one else can appoint a CJ other than him.

        Also unfortunate is that at least 2 of his obvious allies are in the JBC so you know his favorites will get a good shot at getting to the shortlist (unless lawfully unqualified).

    3. Tsk tsk, you don’t seem to realize fishball that appointing sereno will spell DOOM for this administration. Once sereno attempts to reverse the HLI ruling, there will be dire consequences that will definitely follow.

    4. No, Fishball, while we don’t like Sereno, we won’t protest it your way. We’re not the sort who drag people out of their offices by the hair. We don’t do badmouthing and paninira. You tards do that.

  4. For Chists sake man, What has the US Supreme Court got to do with this? You all elected this Government, not US citizens! If you can’t make your own decisions maybe you need to be Colonized. Man you make me sick….

    1. Please read before reacting. The article has nothing to do with US. It merely took it as sample on how to reverse a decision.

  5. I have no respect on the woman(Serteno). She has no principle; no integrity; no honesty. She allowed herself to be used, by the Aquino and the Cojuangco families. To protect the Hacienda Luisita land, they swindled from the Philippine government…She is an opportunist, like a Harlot. To be used, on whoever can appoint her to a higher position…

  6. Wow, and to think I was expecting Carpio. But oh well. I guess either way, the outcome would still be the same.

    “…Sereno who reportedly scored a four on a scale of 1 to 5 (five being the lowest) in psychology tests included in the Judicial Bar Council’s process of evaluating candidates was allegedly characterised as ‘dramatic and emotional’ according to information leaked to the media. ” – LOL! Like President, like Chief Justice! 😛

  7. –If “Sereno can find a property in similar circumstances that Hacienda Luisita was in at the time the SC issued its ruling to subject it to the CARP back in November 2011 and somehow get the SC to deliver a ruling that exempts it from the CARP (i.e. that then contradicts the precedent it set in the Hacienda Luisita case), giving it sufficient grounds to reverse its decision on the subjection of Hacienda Luisita to the CARP as well.”

    Benign0, I don’t think CJ Sereno needs to look for that scenario to happen “over the next year or so” to justify a reversal.

    In the Hacienda Luisita case promulgated on April 24, 2012 (with Justice Carpio inhibiting), “the Court voted 8-6 to maintain the ruling fixing November 21, 1989 as the date of ‘taking,’ the value of the affected lands to be determined by the LBP and the DAR.” http://sc.judiciary.gov.ph/jurisprudence/2012/april2012/171101.htm

    Then Justice Sereno, dissenting, said “that the reckoning of the time of the taking should follow the uniform jurisprudence of this Court” and “that petitioner HLI, as any other landowner, is entitled to just compensation for their farmlands to be reckoned at the time of the actual taking of the expropriated property” — which is year 2006 and NOT 1989 or a 17-year difference in real estate prices. http://jabbulao.com/2012/05/10/case-2012-0050-separate-opinion-of-justice-sereno-hacienda-luisita-incorporated-petitioner-luisita-industrial-park-corporation-and-rizal-commercial-banking-corporation-pe/

    With CJ Corona’s removal, the voting on the Luisita “taking” case would now be down from 8-6 to just 7-6.

    But with PNoy’s appointment of a new Justice to fill CJ Sereno’s position left vacant after her assumption to office as CJ (and assuming that this newly-appointed Justice sides with the Sereno dissent), the voting would now be deadlocked at 7-7.

    PNoy, however, still has the opportunity to appoint TWO more justices to replace those slated to retire during his term (which ends on June 30, 2016), and these are:

    (1) Justice Roberto A. Abad on May 22, 2014; and
    (2) Justice Martin Villarama, Jr. on April 14, 2016.

    So, technically, with the retirement of Justice Abad in mid-2014 (or just 16 months from now), PNoy and the Cojuanco Clan would again have the opportunity to file another motion (in the long series of motions) for reconsideration to change or “overturn” the original 8-6 voting (decided in mid 2012) to a 6-8 vote n favour of Hacienda Luisita — with the “taking” moved from year 1989 to 2006.

    And I’m sure PNoy has been advised to simply wait for these circumstances to inescapably transpire rather than awkwardly force the resolution of the Hacienda Luisita issue now.

    1. Naku naman, puro haka-haka. Sinabi na nga ng IBP the decision is unanimous, final and executory. If you can’t get this and choose to sow intrigues using your irrational reasons, that’s your problem. Get a life!

      1. We might not be able to meddle or have a say with the decision and the process but we have a right to voice our opinions on issues or possible issues that we deem necessary. Haka haka nga, paano kung magka-totoo?

        1. to fishball. Really? How do you know? Do you have any proof? I never mentioned Gloria nor Noynoy. Then maybe, I should not ask you proof, you from all people. Unless you prove me right or wrong , you have no right accusing me of anything.

        2. @Fishball
          You are a typical npytard. You always show no proof,no sense and no BRAINS in ANY of your posts. What a pathetic idiot you are.

      2. Maybe YOU should get a life. Because you’re too ignorant of the situation. 😛

        In regards of Fishball, the reason why you say that is because THAT is what the media tells you. Well, you REALLY hate critical thinking, do you? Be honest. 🙂

      3. Joy, how are our reasons irrational? We’re not sowing intrigues. We are just asking questions, simula’t sapul, sa topic pa lang.

  8. I hope that our New “CJ” will just roll up her sleves and start cleaning the judical
    house-reform the court system, throw out
    the “trash”, eliminate the greed, corruption,
    dysfunction of employees and other staff,
    establish minimum qualifications for court
    officers, etc. (promote a adequate jury system),establish working lower courts, provide for civil, criminal, childrens-family, animal, divorce, etc.,courts, tc…if she does this she will go down in history as a true patriot!

      1. I love the assumption that the new “CJ” could not possibly be like the “trash” Jim Esposito is describing. Sounds so absolute considering the Filipino political landscape.

  9. The man who would be king now controls all three branches of the improved government. The present dictatorship is so subtle. It crept in like a fog in the night while everyone was asleep.

    No shots fired and no martial law declared. The continued existence of a free democracy is now put to the test. Free and legitimate dissent is also in danger of being muzzled.

    The question is will the citizenry bow to the king or assert their rights? Time will tell if we really deserve a free democracy. We have two choices… fight the good fight or join the master yellow race. In the meantime, sit back and watch the continuing political circuses of the straight path mantra followers.

    1. Lemme get this straight, Der Fuhrer: Appointee ni PNoy si Sereno, tapos hindi niya bibigyan ng powers ang CJ niya? Pati mga lackey niya ngayon, hindi na niya bibigyan ng powers?

      Power-hungry president to the next level?

  10. I thought you’re going to contradict the misplaced insinuation of Der Fuhrer for it was very obvious that he missed the point of the article he just quoted.

    The confusion it caused you made you talked about ‘Power-hungry president” that was not even suggested in the article. Der Fuhrer himself did not get the point of the news hence, he thought the pronouncements of the legislators was an act meant to ignore the Comstitution and challenge democracy which was really outrageous.

    Let us read a paragraph of such article to calm down some nerves.

    The Liberal Party and the House leadership will strip the Supreme Court and Chief Justice Maria Lourdes Sereno of the prerogative to invoke fiscal autonomy by imposing on her the same stringent budgetary requirements that they did during her predecessor’s term.

    Very clearly the plan announced was not really new. Apprehension arrested, unnecesary stress prevented.

    <blockquot

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