A motion for reconsideration has been filed before the Supre me Court on its dismissal of a petition questioning the manner in which the Comprehensive Agrarian Reform Law is being implemented in sugar lands, Cebu Rep. Pablo Garcia, legal counsel of the petitioners, said yesterday.

Garcia, who is eyeing the House speakership, told the DAILY STAR that, even if he does not get the position, he will lead, along with other solons from Negros, a campaign not to extend CARP after it expires in June 2008.

"CARP is bad for the economy and bad for agriculture," he said.

"You cannot make sugarlands productive by breaking them up into small parcels," he said.

In dismissing a petition filed by five planters groups, a labor union and local officials of Negros Occidental the SC ruled that the inclusion of sugar lands in the coverage of RA 6657 or the Comprehensive Agrarian Reform Law delves into the wisdom of an act of Congress, beyond the ambit of judicial review.

The decision was based on a petition filed by the Confederation of Sugar Producers Association Inc., National Federation of Sugarcane Planters Inc., United Sugar Producers Federation of the Philippines Inc., Panay Federation of Sugarcane Farmers Inc., First Farmers Holding Corp., National Congress of Unions in the Sugar Industry of the Philippines and the League of Municipalities of the Philippines - Negros Occidental Chapter.

Garcia said he filed a motion for reconsideration because the SC did not rule on several points that the petitioners raised.

He stressed that, before government can take private property for public use, there is a need for expropriation proceedings, which the SC did not addresses in its decision.

In order to be entitled to own land under CARP, one must be a tiller of the land, outsiders can not be brought in to own the land, Garcia said.

The right to own land is voluntary, if a farm worker does do not want to own land, the DAR cannot force the farmer and he cannot be replaced because he is entitled to security of tenure, Garcia said.

Only regular farm workers can be named beneficiaries, Garcia stressed.

Running farms by labor administration is lawful and an alternative form of CARP implementation, it does not necessarily have be land distribution alone, Garcia also said. Named respondents in the petition filed by Garcia for prohibition and mandamus with prayer for the issuance of a writ of preliminary injunction or temporary restraining were the Department of Agrarian Reform, the Land Bank of the Philippines and the Land Registration Authority.

The petitioners asked the SC to enjoin the DAR, LBP and the LRA from subjecting their sugarcane farms to eminent domain or compulsory acquisition without filing the necessary expropriation proceedings pursuant to the provisions of Rule 67 of the Rules of Court and/or without the application or conformity of a majority of the regular farm workers.

The SC ruled that its had already categorically upheld the validity of Section 16 of RA 6657, including paragraphs (d), (e) and (f), which sets forth the manner of acquisition of private agricultural lands and ascertainment of just compensation.*CPG

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