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Forum raises awareness on coco levy fund scam

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Published November 20, 2014 at 12:56 am

IN SUPPORT of the Kilusan para sa Ugnayan ng mga Samahang Magniniyog (Kilus Magniniyog) and their call for land reform and fund procurement, a forum titled “Laban Niyugan: The Coco Levy Fund Scam and the March for Historic Justice” was held at the Science Education Complex Lecture Hall C on November 18.

The forum was organized by the Ateneans for Agrarian Reform Movement (Afarm) with the Sanggunian and Buklod Atenista.

Kilus Magniniyog is an alliance of coconut farmers campaigning for a just and transparent allotment of the coco levy funds, which refer to tax collected from millions of coconut farmers during the Marcos regime.

According to a primer published by Afarm on its Facebook page on November 15, the total coconut levy funds collected from 1973 to 1982 amounted to P9.7-billion.

A portion of the P9.7 B fund, known as the Coconut Industry Investment Fund (CIIF), has accumulated to a total of P150 B at present, due to “investments in businesses that are unrelated to coconut farming.”

The historical and legal context of the coco levy fund was discussed during the forum, as well as the measures being done to resolve the issue at the national level.

The speakers of the forum included Simbahang Lingkod ng Bayan President Xavier Alpasa, SJ, National Coordinator of Pambansang Kilusan ng Samahang Magsasaka Soc Banzuela, volunteer legal adviser of Kilus Magniniyog Atty. Marco Sardillo and Kilus Magniniyog Co-Convenors Luisita Ismao and Ed Mora.

Mora encouraged the youth to educate themselves more about the plight of the farmers in the country who continue to fight for land reform and all other forms of social injustices.

“Iniimbitahan po namin kayo na kayo’y pumasyal [sa lugar namin] o magsagawa ng exposure [trips] sa hanay naming mga magsasaka sa niyugan… alam naman po naming kayo’y nasa piling namin [sa labang ito] (We invite you to come over to our area or organize exposure trips in our fields…we know that you are on our side in this ordeal),” he said.

Mora also acknowledged the efforts being done in support of the farmers, including the said forum.

According to him, these efforts give the farmers an opportunity to speak up about the issue and be heard. “Sa ganito pong yugto sa kalagayan ng magsasaka ay nakatutulong kayo sa amin (At this point in the situation the farmers, you become of help to us).”

The said forum is in line with the Laban Niyugan Week, an Afarm and Buklod Atenista joint initiative which consists of a roster of activities geared towards helping the Ateneo community gain awareness on the coco levy fund scam.

Afarm is a student-led social justice task force that advocates for the land and rights of Filipino Farmers, while Buklod Atenista is an alliance of student governments representing Ateneo de Manila University, Ateneo de Davao University, Ateneo de Naga University, Ateneo de Zamboanga University and Xavier University-Ateneo de Cagayan.

71-Day March

Included in the farmers’ campaign is the 71-day march of 71 coconut famers that started in Davao City on September 21.

The farmers are headed for Malacañang Palace to rally for the procurement of the coconut levy funds through the establishment and legislation of the Perpetual Coconut Farmers’ Trust Fund.

The trust fund aims to protect 24% of the San Miguel Corporation (SMC) shares, which is where lithe CIIF has been invested since the Marcos era.

The SMC shares amount to P71 B and have been declared by the Supreme Court as a public fund on September 4, 2012 to be used for the benefit of the coconut farmers and the development of the coconut industry.

However, according to a manifesto released by Afarm on November 5, the farmers have not yet directly benefitted from the said funds as these still “remain unutilized to date.”

In her speech, Ismao shared the struggles they endured throughout their 71-day march, citing the kinds of injuries her companions suffered from the heat.

However, she said that despite all these, she remains hopeful because of the support that they receive from various sectors that continue to stand by them and echo their cause.

Ang nagbibigay lakas sa aming mga katawan ay ‘yung panalangin ng mga tao (What gives strength to our bodies is the prayers of the people),” she said.

Kailangan ng pagbabago. Harinawa, matulungan ninyo kami. Kapag kami nanalo, uunlad ang magsasaka. Makakapag-paaral sila ng mga anak (There is a need for change. Hopefully, you can help us. If we emerge victorious in this cause, the farmers will prosper. They can send their children to school),” Ismao added.

Legalities

Sardillo explained the legal procedures that have been done in the past regarding the coco levy funds as well as the constraints which continue to delay the procurement of the said funds.

He clarified that the coco levy case, also known as Sandiganbayan Civil Case (SCC) No. 33, is subdivided into eight cases with different parties and properties involved.

Sardillo placed emphasis on SCC No. 33-F that involves majority shares from SMC and is further subdivided into three separate litigations.

The first litigation, titled “SMC vs Sandiganbayan,” involved 4% of SMC shares, which was eventually awarded by the Supreme Court (SC) to the government.

In the second litigation, a sequestered 20% of the shares were declared by the SC as property of SMC Chairman Eduardo Cojuangco, Jr. over a 7-4 vote by the SC Justices.

Sardillo said that he and the other legal advisers of the farmers tried to file motions for reconsiderations but the SC “expunged the pleadings,” thus deeming its decision on the case final and irrevocable.

The third litigation on September 12, 2012 resulted to a unanimous 11-0 vote by the SC Justices, which declared 24% of the SMC shares as a public fund.

Moreover, Sardillo stressed the importance of raising awareness on what the farmers have been fighting for in the last four decades.

He said that the SC should not snub the pleadings of the farmers as if they had done something “scandalous.”

“There’s nothing malicious about farmers trying to seek for justice from the [SC],” he said.

Agenda

As of press time, the Kilus Magniniyog farmers have already marched past Skyway, Alabang and are expected to arrive at the premises of the Supreme Court on November 19.

The farmers are set to arrive in the Ateneo on November 20 and are slated to visit the Philippine Senate Hall and the House of Representatives on November 25.

On November 26, the farmers will end their 71-day march by visiting the Malacanang Palace where they plan to rally their cause and initiate dialogues with President Benigno “Noynoy” Aquino III.

Updated: Dec. 1, 2014, 11:01 PM


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