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THE Supreme Court (SC) was asked by the corporation of the
controversial Sumilao land, to reverse the earlier decision of
Malacañang that grants the appeal of a farmers’ group for the
cancellation of the conversion order of the 144-hectare land in
Sumilao, Bukidnon from agricultural to agro-industrial.
In a 50-page petition before the Supreme Court
(SC) NQSR (Norberto Quisumbing Sr.) Management and Development Corp.
asked the High Court to issue a temporary restraining order against
the said Palace order in the Sumilao land dispute.
NSQR owned the 144-hectare parcel of land in San
Vicente, Sumilao before it was converted to industrial use which
later on was sold to San Miguel Foods Inc. (SMFI) six years ago.
According to the corporation’s lawyer, Atty.
Froilan Bacungan, the December 18, 2007 order issued by the Office
of the President was with “grave abuse of discretion amounting to
lack or excess of jurisdiction.”
Included as respondents in the suit were
Executive Secretary Eduardo R. Ermita, Agrarian Reform Secretary
Nasser Pangandaman and the Mapadayonong Panaghiusa sa mga Lumad
Alang sa Damlag (Mapalad).
It was pointed out that Ermita’s decision to
revoke the conversion order, in effect, impaired their warranties
and undertakings to San Miguel Foods Inc., which formed part of its
obligation as a seller of the property, and “opens them to charges
that shall be initiated by SMFI.
“The decision [cancelled by Malacañang last
December], as upheld by this Honorable Court, forms part of
petitioner’s representation, commitment, warranties and
undertakings under the Deed of Absolute Sale for the Property that
it entered into with private respondent SMFI,” the pleading says.
With this they prayed that the Palace order be
declared null and void for being issued with grave abuse of
discretion.
It will be recalled that the members of the
Mapalad farmers held a 60-day protest march that started on November
17, 2007 from their village in Sumilao to Malacañang to present
their appeal to the Chief Executive.
Pangandaman said they will start identifying the
qualified beneficiaries for the 144 hectares of land and said the
directive of the President was to come out with a “win-win
solution” to address the issue.
-- Jomar Canlas
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