RULES AND PROCEDURES GOVERNING THE ORGANIZATION OF THE PROVINCIAL AGRARIAN REFORM COORDINATING COMMITTEE (PARCCOM) AND THE BARANGAY AGRARIAN REFORM COMMITTEE (BARC)
I
Prefatory Statement
To ensure the successful implementation of the CARP, there shall be
organized at the provincial level a Provincial Agrarian Reform
Coordinating Committee (PARCCOM), and at the barangay level a Barangay
Agrarian Reform Committee (BARC), pursuant to Section 44 and 46 of R.A.
6657, respectively, their functions shall be the following:
A. PARCCOM Functions —
1. Coordinate and monitor the implementation of CARP in the province;
2. Provide information on the provisions of existing and applicable agrarian reform laws, guidelines and issuances;
3. Monitor the progress of CARP in the province;
4. Recommend to the PARC through the DAR Regional Director
and the PARC Secretarial whether the province should be a priority land
reform area in which case the acquisition and distribution of private
agricultural lands therein may be implemented ahead of schedule under
Sections 7 and 45; and5. Perform such other functions as may be assigned by the PARC through the Secretary of Agrarian Reform.
B. BARC Functions —
1. Mediate and conciliate between parties involved in
an agrarian dispute, including matter related to tenurial and financial
arrangements;2. Assist in the identification of qualified beneficiaries and landowner within the barangay;
3. Attest to the accuracy of the initial parcellary mapping of the beneficiary’s tillage;
4. Assist qualified beneficiaries in obtaining credit from lending institutions;
5. Assist in the initial determination of the value of the land;
6. Assist the DAR representative in the preparation of
periodic reports on the CARP implementation for submission to the DAR
Central Office;7. Coordinate the delivery of support services to beneficiaries; and
8. Perform such other functions as may be assigned by the DAR.
II
Definition of Terms
Farmer’s Organization — a duly constituted
organization/association of agrarian reform farmer-beneficiaries
organized province-wide and registered/accredited with the Securities
and Exchange Commission (SEC), Bureau of Agricultural Cooperative
Development (BACOD), Bureau of Rural Workers (DOLE), or any appropriate
government entity.Agricultural Cooperative — an organization
composed primarily of small agricultural producers, farmers,
farmworkers, or other agrarian reform beneficiaries who have voluntarily
organized themselves for the purpose of pooling land, human,
technological, financial or other economic resources, and which operates
on the principle of one member one vote. A juridical person may be a
member of a cooperative, with the same rights and duties as a natural
person.Non-Government Organization (NGO) — a civic,
religious, or non-sectarian organization or association organized
primarily for rural development. The organization’s network must be
province-wide insofar as electing a member to PARCCOM Is concerned, and
barangay-wide in the case of BARC.Landowner — a person who owns land within the
barangay and resides within the municipality where the barangay is
located or in an adjacent municipality. If there is no landowner who
can fulfill this residence requirement, any landowner who is willing and
able to represent the landowners’ group in the activities of the BARC
shall qualify.Cultural Community — a tribal grouping of ethnic
Filipinos duly organized and certified by the office of the Northern
Cultural Communities (NCC), Southern Cultural Communities (SCC) or
Office of Muslim Affairs (OMA) as belonging to the cultural Communities
in the province.Farmer — a natural person whose primary
livelihood is cultivation of land or the production of agricultural
crops, either by himself or primarily with the assistance of his
immediate farm household, whether the land is owned by him or by another
person under a leasehold or share tenancy agreement or arrangement with
the owner thereof.Farmworker — a natural person who renders
service for value as an employee or laborer in an agricultural
enterprise or farm regardless of whether his compensation is paid on a
daily, weekly, monthly, or ” pakyaw” basis. The term includes an
individual whose work has ceased as a consequence of, or in connection
with, a pending agrarian dispute and who has not obtained a
substantially equivalent and regular farm employment.
III
Composition
A. PARCCOM — The PARCCOM shall be composed of thirteen (13) members as follows:
1. Chairman — To be appointed by the President of the Philippines upon recommendation of the PARC Excom.
2. Ex Officio members —
a) Provincial Agrarian Reform Officer (PARO), who acts as executive officer of the PARCCOM.
b) Provincial Agriculture Officer (PAO), to represent the Department of Agriculture (DA).
c) Provincial Environmental and Natural Resources Officer
(PENRO), to represent the Department of Environment and Natural
Resources (DENR).d) Land Bank of the Philippines (LBP) representative, to be designated by the LBP Regional Office.
3. Elective members —
a) One (1) representative of farmers organizations in the province.
b) One (1) representative of agricultural cooperatives.
c) One (1) representative of Non-Government Organizations (NGOs).
d) Two (2) representatives of landowners, one of whom shall be a producer representing the principal crop in the province.
e) Two (2) representatives of farmers and farmworker
beneficiaries. one of whom shall be a farmer of farmworker representing
the principal crop in the province.f) One (1) representative of cultural communities (if
applicable) duly certified as elected by the office of the Northern
Cultural Communities (NCC), Southern Cultural Communities (SCC), or
Office of Muslim Affairs (OMA), as the case may be.B. BARC — The BARC shall be composed of eleven (11) members as listed below:
1. A representative of the barangay council;
2. The Department of Agriculture (DA) official assigned in the barangay;
3. The Department of Environment and Natural Resources (DENR) official assigned in the area;
4. The DAR Agrarian Reform Technologist assigned in the area;
5. A representative of the Land Bank of the Philippines (LBP);
6. A representative of farmer and farmworker beneficiaries;
7. A representative of non-beneficiary farmers and farmworkers;
8. A representative of the local agricultural cooperative;
9. A representative of other farmer or farmworker organizations;
10. A representative of Non-Government Organizations; and
11. A representative of the landowners group.
The members specified above from (1) to (5) shall be designated by
their respective offices while those from (6) to (11) shall be elected
respectively in a meeting called for this purpose by the Municipal
Agrarian Reform Officer (MARO), from among and by the representatives of
each sector. An equal number of alternate representatives shall be
elected at the same meeting.
If any elective member mentioned under (6) to (11) in the list of
BARC members is unable to serve in the committee for some reasons an
alternate member shall serve the remaining tenure of the original
member.
There should be an executive committee composed of the BARC chairman,
DAR representative and two (2) members chosen by the chairman.
IV
Pre-Qualification
A. PARCCOM —
1. Farmers Organizations —
Qualifications/eligibility of various farmers organizations for
representation in the provincial assembly of sectoral representatives
which will elect the PARCCOM representatives:a) Must be organized and duly registered with the
appropriate government agency/ ies such as Bureau of Agricultural
Cooperative Development (BACOD), Department of Labor and Employment
(DOLE), and Securities and Exchange Commission (SEC).b) Must be organized up to the provincial level, the proof
of which is the registration/accreditation of the provincial chapter.c) Must submit a list of their officers for the current year and their terms of office as certified by their secretary.
It is understood that all pre-qualification requirements shall be submitted to the PARO before the election of delegates.
2. Agricultural Cooperatives/NGOs — Qualifications/eligibility for representation in the provincial assembly:
a) Must be duly registered and/or accredited with appropriate government agency/ ies;
b) Must submit certified list of current officers and their terms of office.
V
Election Process
A. PARCCOM —
1. Farmers Organizations/Farmer and Farmworker-Beneficiaries
— For the purpose of electing their sectoral representatives (
totalling three) to the PARCCOM, all accredited farmers organizations in
the province shall be entitled to send three (3) delegates each to a
provincial assembly to be called for this purpose. One of the delegates
must be engaged in the production of the principal crop of the
province. The delegates shall be grouped into three sectors — one
sector to elect the representative of farmers’ organizations, the second
sector to elect the representative of farmer and farmworker
beneficiaries, and the third sector to elect the representative for the
principal crop of the province.2. Landowners/NGOs/Agricultural Cooperatives —
a) The PARO shall make a general announcement to all
landowners and accredited NGOs and agricultural cooperatives in the
province to choose from among themselves their respective sectoral
representatives to the PARCCOM. In the case of the landowners they
shall select two (2) representatives one of whom shall represent the
principal crop produced in the province.b) Should the said landowners, NGOs and/or agricultural
cooperatives fail to select their representatives for recognition on or
before the date set by the PARO, the PARO shall initiate the election of
the respective landowner/NGO/cooperative representatives from among the
sectoral representatives in the various Barangay Agrarian Reform
Committees (BARC) in the province.B. BARC —
1. The MARO shall prepare a voters’ list for the following sectoral groups in every barangay:
a) Farmer and farmworker beneficiaries;
b) Farmer and farmworker non-beneficiaries;
c) Agricultural cooperatives;
d) Other farmers’ organizations;
e) Non-Government Organizations; and
f) Landowners.
The above list shall be posted in the barangay hall and
other conspicuous places for a period of ten (10) days prior to the
scheduled elections.
2. Election by sectoral group shall be held separately. Each
election shall be supervised by the Agrarian Reform Technologist (ART)
who shall likewise certify to the election results. Election shall be
done by secret balloting.
VI
Tenure of Office
A. PARCCOM — all elected members from the private sector shall serve for two (2) years.
B. BARC — elected BARC members shall hold office for two (2) years.
VII
Meetings
A. Initial/Organizational PARCCOM Meeting — Invitation
letters shall be sent to the provincial heads of offices of the DA, DENR
and LBP indicating among others the date, time and place of the first
organizational meeting of the PARCCOM to be hosted by the PARO.
The PARO, as the executive officer of the PARCCOM shall establish a
secretariat to handle the organization of the PARCCOM and provide
administrative and technical services.
B. Frequency of Meetings — The PARCCOM and the BARC shall
meet once a month or as often as necessary upon call by its chairman or
secretary at the request of any member.C. Quorum — In both A and B, a simple majority shall constitute a quorum and shall be sufficient to render a decision.
VIII
Procedures (Functions/Responsibilities)
A. PARCCOM
1. Chairman —
a) Acts as presiding officer of the PARCCOM; and
b) Calls the PARCCOM to a meeting either on his own initiative or upon the request of the PARCCOM executive Officer.
2. Executive Officer —
a) Acts as action officer of the PARCCOM;
b) Brings to the attention of the PARCCOM; matters
that he may deem necessary for PARCCOM Information and action or
resolution;c) Renders periodic reports to the PARCCOM, the Regional Director and the DAR Secretary;
d) Seeks assistance from the PARCCOM whenever necessary for better implementation of the CARP; and
e) Provides PARCCOM the necessary secretariat support
and supervises the same. Members of PARCCOM shall assist in providing
personnel support to the secretariat.3. Report and Recommendations —
a) The PARCCOM shall submit a monthly report to the
PARC Secretariat copy furnished the Regional Director, on the progress
of the CARP implementation in the province.b) The PARCCOM through the Regional Director shall
recommend policies, procedures and guidelines for consideration by the
PARC for implementation in the province.B. BARC —
1. The BARC may create such committee/s as may be necessary to assist in the exercise of its functions.
2. A BARC member shall withdraw from the meeting when any matter
concerning his person is under discussion. He shall be replaced by his
alternate representative.3. The BARC shall operate on a self-help and free-service basis.
4. Any elected BARC member who fails to fulfill his duties maybe
removed by a majority vote of the members. He shall be replaced by the
alternate sectoral representative.5. The BARC shall endeavor to mediate, conciliate and settle
agrarian disputes lodged before it within thirty (30) days from its
taking cognizance thereof. If after the lapse of the thirty-day period
it is unable to settle the dispute, it shall issue a certification of
the proceedings and shall furnish a copy thereof upon the parties within
seven (7) days after the expiration of the thirty-day period.6. All decisions of the BARC shall be final and executory unless
appealed to the Provincial Agrarian Reform Officer (PARO) within ten
(10) days from receipt of decision by any party aggrieved thereof. The
PARO, in turn, shall render his decision on the appeal within fifteen
(15) days from receipt of the records of the case.7. The BARC shall have its seat at a suitable place in the barangay hall or any other suitable place.
IX
Effectivity
This Administrative Order shall take effect ten (10) days after its
publication in two (2) national newspapers of general circulation
pursuant to Section 49 of R.A. 6657. All orders, circulars, rules and
regulations inconsistent herewith are hereby revoked, amended, or
modified as the case may be.
Adopted: 3 March 1989
(SGD.) PHILIP ELLA JUICO
Secretary
Effective: 16 March 1989