Article 104Labor and Agrarian Laws and Social Legislation, p. 104

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

PARC: provided, however, that its decisions must be

reported to the PARC immediately and not later than the

next meeting.

Section 43. Secretariat . — A PARC Secretariat is

hereby

established

to

provide

general

support

and

coordinative

services

such

as

inter-agency

linkages;

program

and

project

appraisal

and

evaluation

and

general operations monitoring for the PARC.

The Secretariat shall be headed by the Secretary of

Agrarian

Reform

who

shall

be

assisted

by

an

Undersecretary

and

supported

by

a

staff

whose

composition shall be determined by the PARC Executive

Committee and whose compensation shall be chargeable

against

the

Agrarian

Reform

Fund.

All officers and

employees of the Secretariat shall be appointed by the

Secretary of Agrarian Reform.

Section

44.

Provincial

Agrarian

Reform

Coordinating Committee (PARCCOM) . — A Provincial

Agrarian Reform Coordinating Committee (PARCCOM) is

hereby

created

in

each

province,

composed

of

a

Chairman, who shall be appointed by the President upon

the

recommendation

of

the

EXCOM,

the

Provincial

Agrarian Reform Officer as Executive Officer, and one

representative each from the Departments of Agriculture,

and of Environment and Natural Resources and from the

LBP,

one representative each from existing farmers'

organizations,

agricultural

cooperatives

and

non-governmental organizations in the province; two

representatives from landowners, at least one of whom

shall be a producer representing the principal crop of the

province,

and

two

representatives

from

farmer

and

farmworker-beneficiaries, at least one of whom shall be a

farmer or farmworker representing the principal crop of

the province, as members: provided, that in areas where

there are cultural communities, the latter shall likewise

have one representative.

The PARCCOM shall coordinate and monitor the

implementation

of the CARP in the province.t shall

provide

information

on the provisions of the CARP,

guidelines issued by the PARC and on the progress of the

CARP in the province.

Section 45. Province-by-Province Implementation .

—

The

PARC

shall

provide

the

guidelines

for

a

province-by-province implementation of the CARP. The

ten-year program of distribution of public and private

lands in each province shall be adjusted from year by the

province's PARCCOM in accordance with the level of

operations previously established by the PARC, in every

case ensuring that support services are available or have

been programmed before actual distribution is effected.

Section 46. Barangay Agrarian Reform Committee

(BARC) . — Unless otherwise provided in this Act, the

provisions of Executive Order No. 229 regarding the

organization

of

the

Barangay

Agrarian

Reform

Committee (BARC) shall be in effect.

Section 47. Functions of the BARC . — In addition to

those provided in Executive Order No. 229, the BARC shall

have the following functions:

(a) Mediate and conciliate between parties involved in

an agrarian dispute including matters related to tenurial

and financial arrangements;

(b)

Assist

in

the

identification

of

qualified

beneficiaries and landowners within the barangay;

(c) Attest to the accuracy of the initial parcellary

mapping of the beneficiary's tillage;

(d) Assist qualified beneficiaries in obtaining credit

from lending institutions;

(e) Assist in the initial determination of the value of

the land;

(f) Assist the DAR representatives in the preparation

of periodic reports on the CARP implementation for

submission to the DAR;

(g) Coordinate the delivery of support services to

beneficiaries; and

(h) Perform such other functions as may be assigned

by the DAR.

(2) The BARC shall endeavor to mediate, conciliate

and settle agrarian disputes lodged before it within thirty

(30) days from its taking cognizance thereof.f after the

lapse of the thirty day period, it is unable to settle the

dispute, it shall issue a certificate of its proceedings and

shall furnish a copy thereof upon the parties within seven

(7) days after the expiration of the thirty-day period.

Section 48. Legal Assistance . — The BARC or any

member thereof may, whenever necessary in the exercise

of

any

of

its

functions

hereunder,

seek

the

legal

assistance

of

the

DAR

and

the

provincial,

city,

or

municipal government.

Section 49. Rules and Regulations . — The PARC and

the

DAR

shall

have

the

power

to

issue

rules

and

regulations, whether substantive or procedural, to carry

out the objects and purposes of this Act. Said rules shall

take effect ten (10) days after publication in two (2)

national newspapers of general circulation.

CHAPTER XII Administrative Adjudication

Section 50. Quasi-Judicial Powers of the DAR . —

The DAR is hereby vested with primary jurisdiction to

determine and adjudicate agrarian reform matters and

shall have exclusive original jurisdiction over all matters

involving the implementation of agrarian reform, except

those

falling

under

the exclusive jurisdiction of the

Department of Agriculture (DA) and the DENR.

It shall not be bound by technical rules of procedure

and evidence but shall proceed to hear and decide all

cases, disputes or controversies in a most expeditious

manner, employing all reasonable means to ascertain the

facts of every case in accordance with justice and equity

and the merits of the case. Toward this end, it shall adopt

a uniform rule of procedure to achieve a just, expeditious

and

inexpensive

determination

of

every

action

or

proceeding before it.

It

shall

have

the

power

to

summon

witnesses,

administer oaths, take testimony, require submission of

reports, compel the production of books and documents

and answers to interrogatories and issue subpoena , and

subpoena duces tecum and to enforce its writs through

sheriffs or other duly deputized officers. It shall likewise

have the power to punish direct and indirect contempts

in the same manner and subject to the same penalties as

provided in the Rules of Court.

Responsible

farmer

leaders

shall

be

allowed

to

represent

themselves,

their

fellow

farmers,

or

their

organizations

in

any

proceedings

before

the

DAR

Provided, however, That when there are two or more

representatives

for

any

individual

or

group,

the

representatives

should

choose

only

one

among

themselves to represent such party or group before any

DAB proceedings.

Notwithstanding an appeal to the Court of Appeals,

the decision of the DAR shall be immediately executory

except a decision or a portion thereof involving solely the

issue of just compensation.

Section 50-A. Exclusive Jurisdiction on Agrarian

Dispute . - No court or prosecutor's office shall take

cognizance of cases pertaining to the implementation of

the CARP except those provided under Section 57 of

Republic

Act

No.

6657, as amended. If there is an

allegation from any of the parties that the case is agrarian

in nature and one of the parties is a farmer, farmworker,

or tenant, the case shall be automatically referred by the

judge

or

the

prosecutor

to

the

DAR

which

shall

determine and certify within fifteen (15) days from referral

whether an agrarian dispute exists: Provided, That from

the determination of the DAR, an aggrieved party shall

have judicial recourse. In cases referred by the municipal

trial court and the prosecutor's office, the appeal shall be

with the proper regional trial court, and in cases referred

by the regional trial court, the appeal shall be to the Court

of Appeals.

In cases where regular courts or quasi-judicial bodies

have

competent

jurisdiction,

agrarian

reform

beneficiaries

or

identified

beneficiaries

and/or

their

associations shall have legal standing and interest to

intervene concerning their individual or collective rights

and/or interests under the CARP.

The fact of non-registration of such associations with

the Securities and Exchange Commission, or Cooperative

Development Authority, or any concerned government

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