COMPREHENSIVE AGRARIAN REFORM LAW OF 1988
Republic Act No. 6657
SEC. 41. The Presidential Agrarian Reform Council. – The Presidential Agrarian Reform Council (PARC) shall be composed of the President of the Philippines as Chairman, the Secretary of Agrarian Reform as Vice-Chairman and the following as members: Secretaries of the Departments of Agriculture; Environment and Natural Resources; Budget and Management ; Local Government; Public Works and Highways; Trade and Industry; Finance; Labor and Employment; Director-General of the National Economic and Development Authority; President, Land Bank of the Philippines; Administrator, National Irrigation Administration; and three (3) representatives of affected landowners to represent Luzon, Visayas and Mindanao: Provided, that one of them shall be from the cultural communities.
SEC. 42. Executive Committee. – There shall be an Executive Committee (EXCOM) of the PARC composed of the Secretary of the DAR as Chairman, and such other members as the president may designate, taking into account Article XIII, Section 5 of the Constitution. Unless otherwise directed by the PARC, the EXCOM may meet and decide on any and all matters in between meetings of the PARC: Provided, however, That its decisions must be reported to the PARC immediately and not later than the next meeting.
SEC. 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.
SEC. 44. Provincial Agrarian Reform Coordinating Committee (PARCCOM). – A Provincial Agrarian Reform Coordinating Committee 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 (1) representative each from the Department of Agriculture, Department of Environment and Natural Resources and from the LBP; one 1) representative each from existing farmers’ organizations, agricultural cooperatives and non-governmental organizations in the province; two 2) representatives from landowners at least one 1) of whom shall be a producer representing the principal crop of the province; and two 2) representatives from farmers and farm workers or beneficiaries, at least one 1) 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 1) representative.
The PARCCOM shall coordinate and monitor the implementation of the CARP in the province. It shall provide information on the provisions of the CARP, guidelines issued by the PARC and on the progress of the CARP in the province. In addition, it shall:
a) Recommend to the PARC the following :
1) Market price to be used in the determination of the profit-sharing obligation of agricultural entities in the province;
2) Adoption of the direct payment scheme between the landowner and the farmer and/or farmworker-beneficiary: Provided, that the amount and terms of payment are not more burdensome to the agrarian reform beneficiary than under the compulsory coverage provision of the CARL: Provided, further, That the agrarian reform beneficiary agrees to the amount and the terms of payment : Provided, furthermore, That the DAR shall act as mediator in cases of disagreement between the landowner and the farmer and/or farmworker-beneficiary: Provided, finally, That the farmer and/or farmer-beneficiary shall be eligible to borrow from the LBP an amount equal to eighty-five percent (85%) of the selling price of the land that they have acquired;
3) Continuous processing of applications for lease-back arrangements, joint venture agreements and other schemes that will optimize the operating size for agriculture production and also promote both security of tenure and security of income to farmer beneficiaries: Provided, That lease-back arrangements should be the last resort. (As amended by R. A. 7905)
SEC. 45 Province-by-Province Implementation. – The PARC shall provide the guidelines for the province-by-province implementation of the CARP, taking into account peculiarities and needs of each place, kind of crops needed or suited, land distribution workload, beneficiaries’ development activities and other factors prevalent or obtaining in the area. In all cases, the implementing agencies at the provincial level shall promote the development of identified ARCs without neglecting the needs and problems of other beneficiaries. The ten-year program of distribution of public and private land in each province shall be adjusted from year to 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. (As amended by R. A. 7905)
SEC. 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.
SEC. 47. Functions of the BARC. – In addition to those provided in Executive Order No. 229, the BARC shall have the following function:
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 representative 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. If after the lapse of the thirty day period, it is unable to settle the dispute, it shall issue a certification of its proceedings and shall furnish a copy thereof upon the parties within seven (7) days from the expiration of the thirty days period.
SEC. 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.
SEC. 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.