Judge Scott Robinos of the Tarlac Municipal Trial Court Branch 1 referred the case filed by the Tarlac Development Corporation (Tadeco) against five farmers to the DAR, Oct. 1.
By RONALYN V. OLEA
Bulatlat.com
MANILA – – The lawyer of Hacienda Luisita farmers called on the Department of Agrarian Reform (DAR) to dismiss all criminal charges filed by the Cojuangco-Aquinos and their security guards.
Jobert Pahilga, lawyer of the Alyansa ng Manggagawang Bukid sa Asyenda Luisita (Ambala), said the trespassing and malicious mischief charges filed against his clients are all agrarian in nature.
Judge Scott Robinos of the Tarlac Municipal Trial Court Branch 1 referred the case filed by the Tarlac Development Corporation (Tadeco) against five farmers to the DAR, Oct. 1.
On Nov. 7, Pahilga filed before the DAR’s Bureau of Agrarian Legal Assistance (Bala) a manifestation for the conduct of a preliminary fact-finding investigation to determine if the charges are caused by an agrarian dispute.
Pahilga said the DAR’s Bala has all the evidence showing the agrarian nature of the criminal case filed against Hacienda Luisita farmers. He said his clients have been cultivating the land in Balete village inside the hacienda since 2005.
Farmers Vicente Sambu, Jose Baldiviano, Rod Acosta, Mamerto Mandigma and Ronald Sakay were arrested by the police on December 21, 2013 when they attempted to stop Tadeco security guards from bulldozing their crops. In January, the Tadeco, a company owned by the President Benigno Aquino III’s family filed a case against the five for alleged trespassing. Charges of physical injuries and assault on persons in authority were also filed by Tadeco guards and the police but these had been dismissed for lack of probable cause.
The farm lots of the five farmers, Pahilga said, are included in the notice of coverage issued by the DAR on Dec. 17, 2013. The DAR has been mandated by the Supreme Court to implement its final decision ordering the distribution of Hacienda Luisita to farmworker-beneficiaries. Pahilga lamented that the five who are qualified farm worker beneficiaries of the agrarian reform program, were charged with trespassing.
Three other cases were referred by the MTC Branch 1 to the DAR. This includes the grave threat filed against Ambala chairwoman Florida Sibayan and Julius Loveland, malicious mischief filed by Tadeco against 48 farm workers and supporter Tarlac Councilor Emily Ladera Facunla https://www.bulatlat.com/2014/03/08/harassed-but-unbowed-emily-ladera-facunla-fighting-for-luisita-farmers/ and slight physical injuries filed by Tadeco against farmer Marlon Cunan.
Pahilga said the other criminal cases filed against farm workers and their advocates at the Branch 2 of the Tarlac MTC Branch 2 are also agrarian in nature.
Pahilga said the DAR should urge the courts to refer all cases to it and dismiss the charges against farm workers and their supporters. “To do otherwise would only reinforce its reputation as Aquino’s lackeys for continuously defending the landed interests of the President’s family,” he said. 
