PARC Relevant Administrative Orders
PARC Relevant Administrative Orders
PARC Relevant Administrative Orders
I. Prefatory Statement
Sections 44 of RA 6657 created the PARCCOM to coordinate and monitor the
implementation of the Comprehensive Agrarian Reform Program (CARP) in the provincial
level. It further mandates the PARCCOM to provide information about Presidential Agrarian
Reform Council (PARC) guidelines on CARP and the progress of its implementation.
Pursuant to the said provision, the Department of Agrarian Reform (DAR) issued
Administrative Order (AO) No. 5, Series (S) of 1989, governing the organization of the
PARCCOM. Subsequently, A.O. No. 07, Series of 1994, was issued as a new implementing
guidelines governing PARCCOM operations.
Paragraph 2, Section 3 of RA 7905 amending Section 44 of RA 6657 provides that
PARCCOM shall coordinate and monitor the implementation of CARP in the province;
provide information on the provisions of CARP guidelines; and recommend to PARC the
following:
1. "Market prices 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/or farmer beneficiary; . . .
3. "Continuous processing of application for leaseback
arrangements, joint-venture agreements and other schemes that will
optimize the operating size for agricultural production and also promote
both security of tenure and security of income to farmer beneficiaries;
provided, that leaseback arrangements should be the last resort."
Based on the operationalization and strengthening of PARCCOMs nationwide through the
PARCCOM Development Program (PDP) by the PARC Secretariat, pursuant to DAR
Memorandum Circular (MC) No. 14 dated 20 June 1995, PARC Special Order (SO) No. 225,
S. 1996, and PARC SO No. 179, S. 1997, there is an urgent need to update the existing
policy on PARCCOM formation, organization, tenure and operation. To ensure the
sustainability of PARCCOM operations, and in line with the people empowerment thrust of
the government, these guidelines are hereby prescribed.
IV. Composition
The PARCCOM shall be composed of thirteen (13) members as follows:
A. Chairperson
1. To be appointed by the President of the Philippines
upon the recommendation of the PARC ExCom.
B. Ex Officio Members
2. Provincial Agrarian Reform Officer (PARO), who acts as
Executive Officer of the PARCCOM and Chairperson of its
implementing arm: the PCIT.
3. Provincial Agriculture Officer (PAO)/Provincial
Agriculturist (PA) to represent the Department of Agriculture (DA).
4. Provincial Environment and Natural Resources Officer
(PENRO), to represent the Department of Environment and Natural
Resources (DENR).
5. Land Bank of the Philippines (LBP) representative, to be
designated by the LBP Regional Officer.
C. Elected Members — (Private Sector Representatives (PSRs)
6. Farmers' Organization Representative
7. Agricultural Cooperatives' Representative
8. Non-Government Organizations' Representative
9. Landowners' (Principal Crop) Representative
10. Landowners' (Other Crop/s) Representative
11. Farmers/Farmworkers' (Principal Crop) Representative
12. Farmers/Farmworkers' (Other Crop/s) Representative
13. Cultural Community Representative, if any (duly certified
as having been duly nominated by the concerned cultural
communities, and by either the ONCC, OSCC or OMA)
X. Election
A. Election Committee (EC) — An Election Committee shall be
created in each province to be composed of the following:
1. PARCCOM Chairperson — Chairperson
2. Provincial Agrarian Reform Officer — Co-Chairperson
3. Provincial Agrarian Reform Support Service Officer —
Member cCAIaD
4. Chief, Legal Division — Member
5. Chief, Administrative Division — Member
6. Chief, Operations Division — Member
7. Chief, BDCD or equivalent official — Member
8. One MARO duly designated by the PARO — Member
9. PCIT representative — Member
In case there is no appointed PARCCOM Chairperson, the
PARO shall head the EC.
B. Duties and Responsibilities
The EC shall have direct control and supervision in the
conduct of the election proceedings. The Committee; in consultation with
the sectoral and non-sectoral organizations, shall formulate necessary
guidelines to govern the conduct of the elections. It shall also serve as the
Evaluation Committee for PARCCOM Chairperson nominees.
C. Proclamation
Upon completion of the canvass, the candidate who obtains
the highest number of votes shall be proclaimed by the EC as the duly
elected representative of his/her sector.
D. Filing and Resolution of Protest
A candidate who is not satisfied with the results of the
election may file a written protest to the EC within five (5) days after
proclamation.
The EC shall decide said protest within a period of ten (10)
days from receipt of the written protest. Its decision shall be final and
executory.
XI. Meetings
A. Frequency of Meetings
The PARCCOM shall meet once a month, or as often as
necessary upon call by its Chairperson/Executive Officer-PARO or at the
request of the simple majority.
B. Quorum
A simple majority shall constitute a quorum for transacting
official business and/or for rendering official decisions.
Program Implementation
SECTION 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; six
(6) representatives of agrarian reform beneficiaries, two (2) each from Luzon, Visayas and
Mindanao, provided that one of them shall be from the cultural communities.
SECTION 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.
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.
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.
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;
(f) Assist the DAR representatives in the preparation of periodic reports on the CARP
implementation for submission to 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 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.
PARC EXECUTIVE COMMITTEE POLICY ORDER NO. 01-97
I.
Prefatory Statement
Section 44 of R.A. No. 6657 created the Provincial
Agrarian Reform Coordinating Committee (PARCCOM) to
coordinate and monitor the implementation of the
Comprehensive Agrarian Reform Program (CARP) in the
provincial level. It further mandates the PARCCOM to provide
information on the provisions of the CARP guidelines issued by
the Presidential Agrarian Reform Council (PARC) and on the
progress of the CARP in the province. Pursuant to the said
provision, the Department of Agrarian Reform
(DAR) issued Administrative Order No. 5, Series of
1989 governing the organization of the PARCCOM. HSaIDc
VI.
Functions and Responsibilities
A. Chairperson
1. Acts as presiding officer of the
PARCCOM taking active leadership in
operationalizing the main functions of the PARCCOM
in coordinating and monitoring the CARP
implementation in the province.
2. Calls the PARCCOM to a meeting
either motu propio or upon the request of the
PARCCOM Executive Officer.
3. Continues to function in a holdover
capacity until such time that the President appoints
his successor.
B. Executive Officer
1. Acts as action officer of the PARCCOM.
2. Brings to the attention of the PARCCOM
matters that he/she may deem necessary for
PARCCOM information, action or resolution.
3. Renders periodic reports to the
PARCCOM, the Regional Director and the DAR
Secretary.
4. Provides the PARCCOM with necessary
secretariat support and supervises the same.
Members of the PARCCOM with staff complement
shall assist in providing personnel support to the
secretariat.
5. Assumes the responsibilities as acting
chairperson in the event that an outgoing PARCCOM
chairman refuses to continue to hold office, pending
the appointment of a new chairperson.
VII.
Pre-Qualification For Sectoral Representation
A. Criteria — To be able to nominate their
members for election to the PARCCOM, Farmers'
Organizations, Agricultural Cooperatives/Agrarian Reform
Cooperatives, NGOs and Indigenous Cultural Communities
must meet the following guidelines:
1. Actually operating within the province.
2. Duly registered and/or accredited by
any of the following agencies:
a. Cooperative Development
Authority (CDA)
b. Securities and Exchange
Commission (SEC)
c. Bureau of Rural Workers (BRW)
d. Office of Northern Cultural
Communities (ONCC), Office of Southern
Cultural Communities (OSCC), Office of Muslim
Affairs (OMA)
e. Other Agencies Concerned
3. Have been existing for a period of at
least two (2) years reckoned from the date of
registration.
B. Requirements — Qualified Farmers'
Organizations, Agricultural/Agrarian Reform Cooperatives,
NGOs and Indigenous Cultural Communities shall submit the
following documentary requirements to the PARO at least ten
(10) days before the election for purposes of validation and
screening:
1. List of officers and members for the
current year and terms of office as certified by the
Secretary of the Organization.
2. Certified photocopy of accreditation
duly certified by the government agency concerned.
VIII.
Selection Process
A. Pre-Election Activities
1. Pre-election activities for the formation
of the PARCCOM shall be conducted over a period of
three months immediately upon the approval of
these Guidelines.
2. During the pre-election period, the
PARO shall launch a province-wide information
campaign utilizing appropriate media strategies to
reach the intended sectors.
3. The PARO shall direct the MAROs under
his supervision to conduct community assembles
participated in by concerned sectors and persons on
the mandate and objectives of the PARCCOM and
the process of selection of representatives. The
BARCs shall assist the MARO in the preparation and
conduct of these assemblies.
4. Invitation letters shall be sent to all
these sectors for an assembly on the mandate and
objectives of the PARCCOMs and the procedure of
nomination and election of representatives to the
PARCCOM.
5. The MARO shall submit to the PARO a
listing of landowners and non-organized farmer and
farmworker beneficiaries who are eligible and
willing to serve as representatives in the PARCCOM.
B. Nomination of Delegates
1. Representative from the Organized
Sector —
There shall be one nominee from each
accredited organization of the following sectors
namely: Farmers' Organizations,
Agricultural/Agrarian Reform Cooperatives, NGOs
and Indigenous Cultural Communities in the
province, if any.
The nominees of the accredited organizations
shall elect from among themselves their
respective representative to the PARCCOM.
For purposes of nomination, a nominee who is
nominated by two or more sectors shall be
required by the PARO to choose in which sector
he/she shall be nominated.
2. Representative from the Non-Organized
Sector
There shall be two (2) representatives each of
Landowners and Farmer and Farmworker
Beneficiaries, one of whom shall be a Landowner
or Farmer/Farmworker representing the principal
crop of the province.
The PARO shall conduct joint community
assemblies among Landowners, Farmer and
Farmworker Beneficiaries for purposes of
nominating and electing their representatives to
the PARCCOM.
Each group (i.e., Landowners, Farmer and
Farmworker Beneficiaries) shall elect from among
themselves two (2) representatives composed of
the following:
a. Representatives of Landowners
1. Producer of principal crop —
1
2. Producer of other crops — 1
b. Representatives of Farmer and
Farmworker Beneficiaries
1. Producer of principal crop —
1
2. Producer of other crops — 1
A Certification from the Provincial Agriculturist
shall be secured as to the principal crop of the
province.
C. Basic Qualifications
1. Representative from the Organized
Sector - To qualify for nomination and election as
PARCCOM member, a person must meet the
following qualifications:
a. Farmers' Organization
Agricultural/Agrarian Reform Cooperatives and
NGOs
1. Be a bonafide resident of the
province for at least 6 months immediately
preceding the day of election;
2. Be a bonafide member of an
association/organization/cooperative as certified by
the said organization/cooperative/NGO;
3. Be able to read and write
Filipino or any other local language or dialect.
4. Be at least 18 years of age
at the time of election;
5. Be of good moral character;
6. Be of sound mind; and
7. Have not been convicted by
final judgment of an offense involving moral
turpitude or for an offense punishable by one (1) year
or more of imprisonment.
b. Indigenous Cultural Communities
1. Possess the basic
qualifications enumerated in Section VIII. C.a.
except number 2 thereof: and
2. A bonafide member of an
Indigenous Cultural Community as certified by the
Office of Northern Cultural Communities (ONCC),
Office of the Southern Cultural Communities (OSCC),
Office of Muslim Affairs (OMA) as the case may
be. cTaDHS
IX.
Election
A. Provincial Election Committee (PEC) — A
Provincial Election Committee shall be created in each
province to be composed of the following:
1. Provincial Agrarian Reform Officer —
Chairperson
2. Chief, Legal Division — Member
3. Chief, Administrative Division —
member
4. Chief, Operations Division — member
5. One MARO — member
B. Duties and Responsibilities — The PEC shall
have direct control and supervision in the conduct of the
election proceedings. The Committee, in consultation with the
sectoral and non-sectoral organizations, shall formulate
necessary guidelines to govern the conduct of the elections.
C. Limitation to Voting — For purposes of voting,
the PEC shall see to it that once a voter has cast his/her vote,
he/she shall not be allowed to vote anew.
D. Proclamation — Upon completion of the
canvass, the candidate who obtains the highest number of
votes shall be proclaimed as the duly elected representative of
his/her sector.
E. Filing and Resolution of Protest — A
candidate who is not satisfied with the results of the election
may file a written protest within five (5) days after
proclamation to the PEC.
The PEC shall decide said protest within a period of ten
(10) days from receipt of the written protest. The decision of
the PEC shall be final and executory.
X.
Meetings
A. Frequency of Meetings — The PARCCOM shall
meet once a month, or as often as necessary upon call by its
chairperson or at the request of the simple majority.
B. Quorum — Under items A and B of this section,
a simple majority shall constitute a quorum and shall be
sufficient for rendering official decisions.
XI.
Tenure of Office
Chairperson — He/she shall serve office for the term of
three (3) years at the pleasure of the President. In case he/she
fails to satisfactorily discharge the functions and
responsibilities of his/her office, he/she may be replaced for
the unexpired portion of his/her term.
Elected members — all elected non-government sectoral
representatives shall serve for three (3) years.
Any elected member who fails or refused to serve or
complete his/her terms of office for any cause, shall be
replaced by a candidate who obtained the second highest vote
during the last election.
XII.
Operation and Management
Upon its organization, the PARCCOM shall plan and
operationalize the implementation of its function. The
PARCCOM and the PCIT shall meet and discuss their
respective roles, functions and responsibilities under R.A. No.
6657, E.O. No. 406 and these Guidelines.
The PARO, as the Executive Officer of the PARCCOM,
shall ultimately be responsible for ensuring that the
PARCCOMs are made effective and operational. DAaIHT