Hacienda Luisita Inc. (HLI) v. Presidential Agrarian Reform Council (PARC), et al., G.R. No. 171101, November 22, 2011

R E S O L U T I O N

VELASCO, JR., J.:

I.      THE FACTS

On July 5, 2011, the Supreme Court en banc voted unanimously (11-0) to DISMISS/DENY the petition filed by HLI and AFFIRM with MODIFICATIONS the resolutions of the PARC revoking HLI’s Stock Distribution Plan (SDP) and placing the subject lands in Hacienda Luisita under compulsory coverage of the Comprehensive Agrarian Reform Program (CARP) of the government.

Hacienda Luisita Inc. (HLI) v. Presidential Agrarian Reform Council (PARC), et al., G.R. No. 171101, July 5, 2011

D E C I S I O N

VELASCO, JR., J.:

I.      THE FACTS

In 1958, the Spanish owners of Compañia General de Tabacos de Filipinas (Tabacalera) sold Hacienda Luisita and the Central Azucarera de Tarlac, the sugar mill of the hacienda, to the Tarlac Development Corporation (Tadeco), then owned and controlled by the Jose Cojuangco Sr. Group. The Central Bank of the Philippines assisted Tadeco in obtaining a dollar loan from a US bank. Also, the GSIS extended a PhP5.911 million loan in favor of Tadeco to pay the peso price component of the sale, with the condition that “the lots comprising the Hacienda Luisita be subdivided by the applicant-corporation and sold at cost to the tenants, should there be any, and whenever conditions should exist warranting such action under the provisions of the Land Tenure Act.” Tadeco however did not comply with this condition.

Gloria Macapagal-Arroyo v. Hon. Leila M. De Lima (G.R. No. 199034) and Jose Miguel T. Arroyo vs. Sec. Leila M. De Lima (G.R. No. 199046), November 18, 2011 : Dissent of Justice Sereno

DISSENTING OPINION

SERENO, J.:

I.      THE FACTS

[Late last Tuesday, November 15, 2011, the Supreme issued an “immediately executory” Temporary Restraining Order (TRO) enjoining the implementation of DOJ Department Circular No.  41 and Watchlist Order and thereby allowing the petitioners Arroyo spouses to leave the Philippines after complying with the conditions in the Resolution. The respondent Secretary of Justice Leila De Lime however prevented the Arroyos from leaving.

The government, through the Office of the Solicitor General, immediately filed a “Consolidated Urgent Motion for Reconsideration and/or to Lift Temporary Restraining Order”. Petitioner Gloria Macapagal Arroyo also filed an “Urgent Motion for Respondents to Cease and Desist from Preventing Petitioner GMA from Leaving the Country.” She also moved to cite the Respondent Secretary of Justice in contempt for failure to comply with the TRO.

On November 18, 2011, the Court conducted a special en banc session to tackle the pending incidents of the consolidated cases.]