Wednesday, April 09, 2008 Court rules vs Marsman Estate By Carlo P. Mallo
AGRICULTURE giant Marsman Estate Plantation Inc. (Mepi) lost another round in its battle against two cooperatives operating in its plantations in Santo Tomas, Davao del Norte.
The Regional Trial Court (RTC) Branch 2 favored the motion of execution prayed for by Marsman Agrarian Reform Beneficiaries Cooperative (Marbco) and the Marsman Individual Farmers Agrarian Reform Beneficiaries Cooperative (Mifarbco) in the termination of their contract with Mepi.
"It is really about time that Mepi should let go of the beneficiaries," the court said.
In its ruling, the court said the two cooperatives have the legal personalities to pursue an action such as the prayer for a motion of execution.
"To the mind of this court, Marbco and Mifarbco are real parties in interest," the ruling said.
The court also said Mepi should be more thankful to the beneficiaries who acquiesced to the valuation of P1 million per hectare despite the location being in the municipality of Santo Tomas, at least two municipalities away from the City of Tagum, the center of trade and commerce in Davao del Norte.
The court also cited in its ruling the case of Hijo Banana Plantation on the valuation of the vast agricultural parcel of land right in the outskirts of the city center of Tagum.
"Land Bank is sticking to its valuation of only P400,000 per hectare and to think that the parcel of land is located at the back of the Davao Regional Hospital, the University of Southern Philippines," the ruling said.
The decision was handed down last April 3, 2008 in Tagum City by Judge Justino Aventurado of Branch 2 of the RTC.
The conflict between the cooperatives and Marsman has turned for the worse earlier this year that saw cooperative members being forced to hand-carry boxes of bananas they have harvested because Mepi has padlocked the plantation gates and refused to allow entry to the trucks sent over to pick up the harvest.
The beneficiaries have been insisting that they have the right to sell their harvest to some other company, while Mepi has been insisting they are still in possession of a live contract with the cooperatives to exclusively sell their harvest to Mepi.
