PARC Relevant Administrative Orders

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 42

PARC is the highest policy-making body in implementing agrarian reform laws and dealing with

issues under the coverage of the Comprehensive Agrarian Reform Program

December 24, 1997

PARC EXECUTIVE COMMITTEE ADMINISTRATIVE ORDER NO. 01-97

SUBJECT : Revision of A.O. No. 7, Series


of 1994, Entitled "New Implementing
Guidelines Strengthening the Formation,
Organization and Operation of the
Provincial Agrarian Reform Coordinating
Committee (PARCCOM)"

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.

II. Policy Statement


A. The formation and organization of PARCCOMs have been
designed to ensure the successful implementation of CARP in every
province, especially in the Agrarian Reform Communities (ARCs).
PARCCOMs shall coordinate and monitor all CARP-related activities to
ensure the integration, strengthening, and intensification of the various
program components of CARP on Land Tenure Improvement (LTI), Program
Beneficiaries Development (PBD), and legal assistance/promotion of
agrarian justice. They shall anchor their coordinative role on the area-
focused operation approach to enhance efficiency and effectiveness. The
PARCCOMs may also recommend to the PARC ExCom any innovative or
alternative approach to implement agrarian reform.
B. Under the direction of the PARC ExCom, DAR, through the
Provincial Agrarian Reform Officers (PAROs), may assist in organizing and
institutionalizing the PARCCOM to make the same effective in its operation.
The PARCCOM shall be responsible in setting up its PARCCOM Secretariat
in their respective province with the PARO and Ex-Officio members
providing manpower and facilities.
In support of the PARCCOM's coordinative role, the PARCCOM
Secretariat shall perform technical and administrative functions by applying
the Doctrine of Completed Staff Work in agenda preparation,
documentation, technical study, follow-up and legwork.
C. The PARC ExCom, in coordination with the DAR Regional
Directors (RDs), shall be responsible for monitoring the operationalization of
PARCCOMs, the regularity of their activities, and the performance of PAROs
as PARCCOM Executive Officers.
D. The program of activities and status of CARP implementation
shall be monitored through the regular submission of reports to the
PARCCOMs, by the PCITs/MCITs (Provincial/Municipal CARP Implementing
Teams).
E. The PARCCOM, may, through the PCITs and other bodies serve
as the forum for resolving operational problems and issues. It shall work for
collective operational strategies among agencies and sectors in the
province. It shall also provide policy recommendation that shall guide and
harmonize operation among member agencies and sectors in the province.
F. The highest ranking Provincial Officers of the agency-members
shall regularly attend PARCCOM meetings and participate in decision-
making processes, according to the rules and procedures of PARCCOM, and
ensure that more and concrete accomplishments are attained.
The DAR Provincial/Municipal Officers (DARPOs/MAROs) shall
devote sufficient time and attention to organizational activities, when
necessary, to ensure better sectoral representation in PARCCOMs.
G. The operation of PARCCOM should be funded out of its own
budget based on its approved Work and Financial Plan (WFP). However, in
case of insufficiency of funds due to other CARP-related activities, as
maybe planned in the province, the PARCCOM is authorized to tap other
sources of funds available in the province/country and/or abroad provided
that the PARCCOM submits to the PARC, through the PARC Secretariat, the
additional sources of funds and the amount of funds it was able to mobilize.

III. Definition of Terms


A. Farmers' Organization — a duly constituted
organization/association of farmers operating in the province.
B. Agricultural Cooperative — a duly registered association of
persons composed primarily of small agricultural producers, farmers,
farmworkers, or other agrarian reform beneficiaries with a common bond of
interest, who voluntarily joined together to achieve a lawful common social
or economic end, making equitable contributions to the capital required;
and accepting a fair share of the risks and benefits of the undertaking, in
accordance with the universally accepted cooperative principles (Article 3
of R.A. No. 6938).
Agrarian Reform Cooperative — one where the majority of the
members are Agrarian Reform Beneficiaries and marginal farmers and
organize for specific purposes and duly registered with the Cooperative
Development Authority (CDA) and other appropriate government entity.
C. Non-Government Organization (NGO) — a civic, religious, or non-
sectarian organization or association, operating in the province, people-
oriented, and organized primarily for rural development and/or related
purposes, including agri-based commerce/industry, and duly registered with
the Securities and Exchange Commission (SEC) or other appropriate
government entity.
D. Landowner — a person, natural or juridical, who owns
agricultural lands whether or not covered by the CARP.
E. Indigenous Cultural Community — refers to existing groups of
indigenous Filipinos duly recognized and certified as belonging to the
cultural communities in the province by the Offices of the Northern Cultural
Communities (ONCC) or the Office of the Southern Cultural Communities
(OSCC) or the Office of Muslim Affairs (OMA).
F. Farmer — a natural person whose primary livelihood is the
cultivation of land or the production of agricultural crops, in a land
personally owned or under leasehold, primarily by himself/herself and/or
with the assistance of his/her immediate farm household.
G. Farmers'/Farmworkers' Representative — is a natural person
whose primary livelihood is the cultivation of the land or production of
agricultural crops, who has been duly elected by farmers/farmworkers who
are non-members of Farmers' Organizations, to represent them in the
PARCCOM.
H. Farmworker — a natural person who renders service for value as
an employee or laborer in an agricultural enterprise or farm, regardless of
whether the compensation is paid on a daily, weekly, monthly, or "contract"
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.
I. Agrarian Reform Community (ARC) — a fairly large group of
agrarian reform farmer-beneficiaries exercising control of themselves,
residing/living/farming in a defined geographical area which may be a
barangay or cluster of barangays, with organizational structures to promote
the full realization of agrarian reform and their total development requiring
relations with the whole community.

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)

V. Functions of the PARCCOM


A. Coordinate and monitor CARP implementation in the province.
1. The PARCCOM shall serve as the forum for policy
formulation and inter-agency work programming of DARPO/PCIT in
accordance with the guidelines set by PARC. It shall adopt and
utilize a PARCCOM Tracking Guide that completely and accurately
reflects the CARP developmental activities of the various agencies
operating in the province, particularly those in the PCIT, thereby
facilitating review for integration/convergence purposes in support
of CARP as the government's major program under the Social Reform
Agenda. It shall take into consideration the existing plan under the
DAR's ARC development program while ensuring that LTI, PBD,
support services and other activities in non-ARC areas are not
unduly jeopardized.
2. It shall conduct on-site inspections, public hearings and
consultations with concerned sectors utilizing appropriate
mechanisms and entities already in place, like DARPO/PCIT, and
other provincial bodies such as the Provincial Development Council
(PDC), People's Economic Council (PEC), Provincial Agricultural and
Fisheries Council (PAFC), Provincial Peace and Order Council
(PPOC), People's Law Enforcement Board (PLEB), etc.
3. It shall conduct joint PARCCOM-PCIT Meeting on a
quarterly basis or as maybe necessary.
4. It shall submit to PARC Executive Committee, through
the PARC Secretariat, an annual PARCCOM Work and Financial
Plan.
5. It shall submit a quarterly report to the PARC Executive
Committee, through the PARC Secretariat and copy furnished the
DAR Regional Director, on the progress of CARP implementation in
the province and on the PARCCOM's accomplishments and activities.
B. Provide information on the provisions of existing and applicable
agrarian laws, guidelines and issuances.
1. The PARCCOM shall coordinate the DARPO/PCIT's
dissemination of information on agrarian laws, guidelines and issues
of particular interest or concern to certain groups, sectors or
communities.
2. It may conduct information dissemination seminars in
groups or communities for the above-stated purpose.
C. Recommend to PARC, copy furnished the DAR Regional Director,
a priority land reform area, ahead of schedule under Sections 7 and 45 of RA
No. 6657, for immediate acquisition and distribution to qualified ARBs.
D. Recommend to PARC the market price basis for profit sharing,
the adoption of direct payment scheme between farmers/s (FBs) and
landowner/s (LOs), and the continuous processing of applications for
leaseback arrangements, joint ventures and other schemes.
1. The PARCCOM shall closely coordinate with the
DARPO/PCIT concerning these matters, and also with other
concerned bodies in the province like the PDC.
2. It may conduct in-depth studies or evaluations, using
the technical/administrative support of the DARPO/PCIT, PARCCOM
Secretariat and others concerned.

VI. Duties and Responsibilities


A. Chairperson
1. Shall act as presiding officer of PARCCOM and take
active leadership in operationalizing the main functions of PARCCOM
in coordinating and monitoring the CARP implementation in the
province.
2. Shall call the PARCCOM to a meeting either motu
propio or upon the request of the PARCCOM Executive Officer.
3. Shall continue to function in a holdover capacity until
such time that the President has appointed his successor.
B. Executive Officer-PARO
1. Shall act as action officer of PARCCOM.
2. Shall bring to the attention of PARCCOM matters that
he/she may deem necessary for PARCCOM information, action or
resolution.
3. Shall render periodic reports to the PARCCOM, the
Regional Director and the DAR Secretary.
4. Shall provide the PARCCOM, with the necessary
secretariat support and supervise the same. Members of the
PARCCOM with staff complement shall be enjoined to assist in
providing personnel support to the secretariat.
5. Shall act as Acting Chairperson in the event that the
position of Chairperson becomes vacant due to any of the conditions
enumerated under Section XIII A of this AO. The Executive Officer-
PARO shall serve as Acting Chairperson until a new Chairperson has
been appointed by the President.
C. Ex Officio and Elective Members
1. They shall perform all official functions of the PARCCOM
and actively participate in its deliberations, articulating the official
position of their respective agency or sector on the
CARP/development issues at hand to provide the PARCCOM with the
most significant insights but never for purely parochial and/or
partisan purposes.
2. They shall represent the PARCCOM and its officially
agreed upon views/decisions on CARP/development matters to their
respective agency/sector such that those concerned will understand
the facts and insights involved, thereby facilitating positive and
favorable actions to the Program.

VII. Qualification Criteria for PARCCOM Chairperson


A. Must be a bonafide resident of the province.
B. Must be at least 21 years old.
C. Must be of good moral character.
D. Must be of sound mind.
E. Must not be an employee of the government or an elective
official.
F. Must be actively supportive of the CARP.
G. Must be willing to serve the term if appointed.

VIII. 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 qualifications:
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 from
the date of registration. This criteria may, however, be waived in the case
of Farmer/Farmworker/Indigenous Cultural Community Organizations when
there is no such organization qualified under same, but have the first two (2)
qualification (nos. 1 and 2).
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 or equivalent official of the Organization.
2. Photocopy of accreditation duly certified by the government
agency concerned.
The DARPO/MARO shall assist in these documentation by providing free
administrative/technical support through the PARCCOM Secretariat.

IX. Selection Process


A. Chairperson
1. The PARO/DARPO shall launch a province-wide
information campaign utilizing appropriate media strategies, to
reach as wider as possible the potential nominees/sectors for the
Chairperson.
2. Applicants/nominees shall be interviewed and rated by
an Evaluation Committee in the province and prioritized accordingly.
The Evaluation Committee shall use the Guide Questionnaire and
Evaluation Format in interviewing and rating the nominees
(Appendices A and B). The Committee shall be assisted by the
PARCCOM Secretariat in the screening and evaluation of nominees
for Chairperson.
3. Each shall be recommended by the PARO and endorsed
by the DAR Regional Director concerned to the PARC ExCom.
4. The PARC ExCom Screening Committee shall evaluate
each applicant/nominee based on the personal data sheet and other
information submitted to and processed by the PARC Secretariat.
5. The PARC ExCom through its Chairman shall then
endorse three (3) duly ranked applicant/nominees to Malacañang for
appointment. Though the President normally appoints the highest
ranking/priority nominee, in some instances he may choose to
appoint another from the nominees endorsed by the PARC ExCom.
B. Pre-Election of Members
1. During the pre-election period, the PARO/DARPO shall
launch a province-wide information campaign utilizing appropriate
media strategies to reach the intended sectors. Coordination with
the PCIT/other provincial bodies shall be undertaken regarding this
to ensure their support.
2. The PARO shall direct MAROs under his supervision to
conduct community assemblies 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
MARO in the preparation and conduct of these assemblies.
3. Invitation letters shall be sent to all these sectors for
an assembly on the mandate and objectives of PARCCOM and the
procedure of the nomination and election of representatives to the
PARCCOM.
4. The MARO shall submit to PARO a listing of landowners
and non-organized farmer and farmworker beneficiaries who are
eligible and willing to serve as representatives in the PARCCOM.
C. 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/DARPO shall conduct joint community
assemblies among Landowners, Farmer and Farmworker
Beneficiaries for purposes of nominating and electing their
representatives to the PARCCOM. The PCIT shall as much as
possible be invited to participate/support these activities.
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
The PARO/DARPO shall secure a certification as to the
principal crop of the province from the Provincial Agriculturist.
D. 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; cDTCIA
3) Be at least 18 years of age at the time of
election;
4) Be of good moral character;
5) Be of sound mind;
6) 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 above-listed basic
qualifications except # 2, 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.
2. Representative from the Non-Organized Sector.
To qualify for nomination and election as PARCCOM
member, a person must meet the following qualifications:
a. Landowner
1) Possess the above-listed basic
qualifications except # 2, and
2) Be a registered owner of agricultural land
in the province.
b. Farmer and Farmworker Beneficiaries
1) Possess the basic qualifications
enumerated in the preceding page except # 2.
2) Must be cultivating a piece of agricultural
land and/or employed in an agricultural enterprise or
farm in the province as certified by the BARC or the
Barangay Chairman.
E. Filing of Certificate of Nomination
A Certificate of Nomination for organized sector
representatives shall be filed with the DARPO by the Secretary or equivalent
official of the organization, duly attested by its President or equivalent
official within ten (10) days before the date of Election.
In the case of the non-organized sector representatives, the
Certificate of Nomination shall be filed with the DARPO by the nominees.
The PARO/DARPO/PARCCOM Secretariat shall provide free
administrative/technical assistance throughout.
F. Posting of the List of Nominees
Immediately after the last day of filing of the Certificates of
Nomination, the PARO shall post a list of nominees at the DARPO/MAROs'
offices or at strategic public places in the province.

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.

XII. Tenure of Office


The Chairperson — shall serve for a term of three (3) years at the pleasure of the
President of the Philippines who may reappoint the incumbent for another term of three (3)
years.
The Elected Members/PSRs — shall serve for a term of three (3) years and maybe
re-elected for another term of three (3) years.
XIII. Vacancy and Replacement of PARCCOM Chairpersons and Private Sector
Representatives
A. Vacancy to a position of the PARCCOM chairperson may arise
under any of the following circumstances:
1. When he tendered his resignation.
2. When he ran for an elective post.
3. When the President approved the recommendation of
the PARC ExCom for the Chairperson's replacement due to
unsatisfactory performance and other acts inimical to the public.
However, due process of law for his removal shall be observed.
4. When he dies or rendered incapable to perform his
duties due to sickness or any fortuitous event.
B. Vacancy to a position of the Private Sector Representative may
arise under any of the following circumstances:
1. When he tendered his resignation.
2. When the PARCCOM passed a resolution by at least
two-thirds (2/3) of its members to remove a PSR from office due to
unsatisfactory performance, as determined by the PARCCOM itself.
The grounds for his removal may include the following: a) non-
attendance for three (3) consecutive meetings; b) malversation or
misuse of PARCCOM funds; c) non-participation to PARCCOM
activities; among others. Due process of law for the PSR's removal
shall also be observed.
C. For the unexpired portion of the term of the Chairperson, the
nominee ranked number two by the PARC ExCom Screening Committee
shall be automatically endorsed by the PARC ExCom to the Office of the
President for appointment. However, in case the second-ranked nominee is
no longer available, the Chairperson shall be replaced following the regular
procedures under Section X of this Administrative Order.
For elected PSRs, the PARCCOM may recommend, through a
resolution passed by at least two-thirds (2/3) of its members in a meeting
called for the purpose, the automatic replacement of any PSR by the
candidate who obtained the second highest vote during the last election. In
case there is no longer an available replacement from the last election, the
DARPO/DARMO shall conduct an election for the unexpired portion of the
PSR's term, according to the procedures under Sections IX and X of this
Administrative Order.

XIV. Operation and Management


PARCCOMs shall align their organization, operation and management according to
these updated Guidelines. They shall actualize the tooling concepts and principles of the
PARCCOM Development Program, namely:
A. Harmonious Working Relationship/Non-Threatening or Win-Win
Approach/Team Building, Networking, Alliance/Partnership/Linkage
Development.
B. Localization of Issues/Utilization of Mechanisms in Place
(Specially in Conflict Resolution).
C. Doctrine of Completed Staff Work.
D. Crisis Management Basics.
E. Continuing Resource Mobilization/Sustainable Self-Reliant
Operation.
Higher level tooling inputs and operational instruments may be provided by the
PARC Secretariat with the active support of DAR Regional/Provincial Offices and PCITs.
Concerned DAR Central Office Bureaus/Units shall also provide whatever
technical/administrative support maybe called for from time to time.

XV. Delineation of Responsibilities Between PARCCOM and PCIT


A. The PARCCOM shall exercise overall coordination over the
operations of the Provincial CARP Implementing Team (PCIT), the latter
being its implementing arm as mandated by E.O. No. 406.
B. The PARCCOM shall provide overall direction in inter-agency
collaboration and work programming at the provincial level.
C. The PARCCOM shall utilize the PCIT network in implementing its
resolutions and in providing feedback in aid of monitoring and coordination.
D. The PARCCOM shall exercise overall responsibility for
monitoring the inter-agency activities and the status of CARP
implementation in the province. It shall submit quarterly reports to the
PARC.
E. The PCIT shall be responsible for the following
functions/responsibilities:
1. Undertake measures to promote, integrate and
harmonize the working relationship between and among the
participating government agencies and non-government
organizations (NGOs);
2. Undertake measures to hasten the generation,
development and execution of CARP programs and projects;
3. Undertake measures to consolidate and maximize the
utilization of available resources of government for the program;
4. Recommend measures to improve, increase and
accelerate the delivery capacity of agencies for the implementation
of CARP projects;
5. Submit a monthly accomplishment report to the
Secretary of Agrarian Reform through the PARCCOM; and
6. Submit regular reports to PARCCOM on its Program of
activities and the status of project implementation in its area of
coverage.
F. The PCIT shall elevate to PARCCOM all policy-related issues
arising from the performance of its functions. The PARCCOM shall primarily
be concerned with policy-making activities while the PCIT shall be
responsible for the operational aspects of the CARP.
XVI. Maintenance and Operational Funds
PARC Executive Committee MC No. 7, S. 1997 provides a separate fund for the
PARCCOM from the PARC Secretariat. Considering that this fund provides only for Personal
Services (PS) and Maintenance and Other Operating Expenditures (MOOE) which are also
both subject to certain limits, the PARCCOM is encouraged to mobilize resources within
the province/country and/or abroad.

XVII. Counterpart Funding from Participating Organizations


A. The PARCCOM Chairperson and/or the PARO may enter into a
Memorandum of Agreement with the organized and non-organized sectors
represented in the PARCCOM, for the provision of counterpart funds, to
cover incidental expenses incurred by the PARCCOM representatives in the
performance of their functions and responsibilities. In this regard, the
PCIT/its member agencies on their own initiative or upon request by the
PARCCOM, may allocate a certain percentage of their respective CARP
funds for PARCCOM operations. They may also allocate whatever cash or
non-cash support to the PARCCOM such as office building/space,
equipment, supplies, communication/transport/related facilities, etc. PCIT-
member agencies with CARP-related projects may also be
requested/encouraged to allocate resources for PARCCOM operation.
B. The Memorandum of Agreement may include stipulations on the
ways and means by which the participating organizations/sectors can assist
the PARCCOM.

XVIII. Applicability on Incumbents


These new tenure/processes, upon the date of issuance/effectivity shall be
applicable to the incumbents to insure the sustainability of PARCCOM development/people
empowerment. The extension of the current tenure of incumbent Chairpersons as a result
of this updated guidelines shall, however, be subject to PARC ExCom approval.
The PARO/DARPO and PARCCOM Secretariat shall ensure that these guidelines are
disseminated to and discussed with/for the understanding and appropriate compliance of
all concerned.

XIX. Effectivity/Repealing Clause


This Administrative Order shall take effect ten (10) days after its publication in two
(2) newspapers of general circulation pursuant to Section 49 of RA 6657. This AO hereby
revises the provisions of DAR AO No. 07, S. 1994 and repeals/revises all other orders,
circulars rules and regulations which are inconsistent herewith.
CHAPTER XI

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.

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.
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;

(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. 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

SUBJECT : Policy Guidelines on Joint Venture Agreements


Between DAR and Other Interested Parties and on the
Processing of Applications for Lease Back Arrangements, Joint-
Venture Agreements and Other Schemes that may be
recommended by the PARCCOM to the PARC

By virtue of the power and functions of the PARC under


Sec. 37 of R.A. 6657 to "formulate policies to ensure that
support services to farmer beneficiaries shall be provided at all
stages of land reform", the PARC Executive Committee hereby
issues this Policy Order for compliance by all parties concerned:
I. Statement of Policies and Objectives of Agrarian
Reform
It is the policy of the State to recognize "the right of
the farmers and regular farmworkers, who are landless, to own
directly or collectively the lands they till (Sec. 4, Art.
XIII, Constitution) and to establish "owner-cultivatorship of
economic-size farms as the basis of Philippines agriculture" (Sec.
2, R.A. 6657; Sec. 2, (1), R.A. 3844, as amended).
The objectives of agrarian reform and owner-
cultivatorship are as follows:
1. "to enhance" the "dignity" of the farmers and
farmworkers (Sec. 2, R.A. 6657; Sec. 2, (2), R.A. 3844, as
amended).
2. to "improve the quality of their lives through
greater productivity" (Sec. 2, R.A. 6657; Sec. 2, (3), R.A.
3844, as amended).
3. "to create truly viable social and economic
structure in agriculture" (Sec. 2, (3), R.A. 3844, as amended).
4. "to make the farmers more independent, self-
reliant, and responsible citizens, and a source of genuine
strength in our democratic society" (Sec. 2, (6), R.A. 3844,
as amended), and "to divert landlord capital in agriculture to
industrial development" (Sec. 2, (1), R.A. 3844, as amended;
Sec. 2, R.A. 6657).
In order to strengthen the implementation of the
foregoing policies and objectives of agrarian reform, R.A. No.
7905 entitled "An Act to Strengthen the Implementation of the
Comprehensive Agrarian Reform Program, and for other
Purposes" was enacted on February 23, 1995. It contains, among
other things, provisions on support services and functions of the
PARCCOM.
II. Pertinent Provisions of R.A. 7905
As amended by Section 1 of R.A. 7905, Section 35
of R.A. 6657 now reads as follows:

"SEC. 35. Creation of Support Services Office. There


is hereby created the Office of Support Services under the
DAR to be headed by an Undersecretary.
"The Office shall provide general support and coordinative
services in the implementation of the program, particularly
in carrying out the provisions of the following services to
farmer beneficiaries and affected landowners:
"1) Irrigation facilities, especially second crop or dry
season irrigation facilities;
"2) Infrastructure development and public works
projects in areas and settlements that come under
agrarian reform, and for this purpose, the preparation of
the physical development plan of such settlements
providing suitable barangay sites, potable water and
power resources, irrigation systems, seeds and seedling
banks, post harvest facilities, and other facilities for a
sound agricultural development plan. For the purpose of
providing the aforecited infrastructure and facilities, the
DAR is authorized to enter into contracts with interested
private parties on long term basis or through joint-venture
agreements or build-operate-transfer scheme;
"3) Government subsidies for the use of irrigation
facilities;
"4) Price support and guarantee for all agricultural
produce;
"5) Extending to small landowners, farmers and
farmers' organizations the necessary credit, like
concessional and collateral-free loans, for agro-
industrialization based on social collaterals like the
guarantees of farmers' organizations;
"6) Promoting, developing and extending financial
assistance to small and medium-scale industries in
agrarian reform areas;
"7) Undertake research, development and
dissemination of information on agrarian reform, plants
and crops best suited for cultivation and marketing, and
low-cost and ecologically sound farm inputs and
technologies to minimize reliance on expensive and
imported agricultural inputs;
"8) Development of cooperative management skills
through intensive training;
"9) Assistance in the identification of ready markets
for agricultural produce and training in the other various
aspects of marketing;
"10) Conduct an effective information dissemination
system through the Department of Agriculture to promote
marketing and minimize spoilage of agricultural produce
and products;
"11) Create a credit guarantee fund for agricultural
landowners that will enhance the collateral value of
agricultural lands that are affected or will be affected by
coverage under the agrarian reform program; and
"12) Administration, operation, management and funding
support services programs and projects including pilot
projects and models related to agrarian reform as
developed by the DAR."
Section 3 of R.A. No. 7905 amends Section 44 of R.A.
No. 6657, certain pertinent provisions of which now read as
follows:

"Section 44. Provincial Agrarian Reform Coordinating


Committee (PARCCOM) . . .
"The PARCCOM shall coordinated 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:
xxx xxx xxx
"3) Continuous processing of applications for the lease
back 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 lease back arrangements should be the last resort."

III. Operational Guidelines for OSS and PARCCOMs


The Office of Support Services (OSS)of the Department
of Agrarian Reform (DAR) and the Provincial Agrarian Reform
Coordinating Committees (PARCCOMs), shall, in performing their
functions, orient their decisions, actuations and
recommendations towards the defense and vigorous promotion
of the policies and objectives of agrarian reform as laid out
herein. TaISEH

A. Office of Support Services


1. The OSS shall always implement vigorously all
its thirteen (13) functions enumerated in Article 35 and all its
five (5) functions enumerated in Article 37, of R.A. 6657, as
amended.
2. The OSS shall also extend those support
services under Sections 35 and 36 of R.A. 6657, as
amended, that pertain to the affected landowners in the
implementation of the State policy and objectives "to divert
landlord capital in agriculture to industrial development" in
accordance with Section 2 of R.A. No. 3844, as amended.
3. Under the authority of the DAR to enter, at its
own discretion, into contracts with interested private parties
on long-term basis or through joint venture agreements, the
OSS shall study any proposals that may be submitted for
such contracts, agreements or schemes for favorable or
unfavorable recommendation to the DAR Secretary who shall
act on the same according to the policies formulated by the
PARC under Sec. 37 of R.A. 6657, as amended.
B. Provincial Agrarian Reform Coordinating Committee
The PARCCOM has the function and authority, at its
sound direction, to recommend to the PARC the continuous
processing of applications duly submitted 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.
In pursuit of these functions, the PARCCOMs shall be
guided by the following:
1. That first of all, it must ascertain whether or not
the OSS has thoroughly performed its functions of providing
all the support services enumerated in Sections 35 and 37
of R.A. 6657. In this, the PARCCOM as a coordinative body
must work through its Executive Officer-PARO who in turn is
the Chairman/Presiding Officer of the PARCCOMs
implementing arm in the PCIT.
If the OSS has failed to provide the beneficiaries
the needed support services as mandated by the
Constitution and the laws, the PARCCOM shall coordinate
with the PCIT through the DAR-PARO to insure that said
services are provided accordingly.
2. The PARCCOM shall refrain from making
favorable recommendation if the terms and conditions of the
proposed agreement, arrangement or scheme
a. will in any way violate or lessen the farmer
beneficiaries' right to owner-cultivatorship or security of
tenure as when another party takes over the possession
or cultivation of the land or management of the farm;
b. will in any way lessen the dignity of the
farmer beneficiaries by demoting them to the position of
farmworkers or employees;
c. will in any way deprive the beneficiaries of
the opportunity to develop their self-reliance and sense
of responsibility by securing for and by themselves such
support services as concessional loans and extension
services, technology, management and marketing skills,
etc., and build up their competence to set up their own
processing plants and marketing networks with the help
of the OSS and other government agencies which are
mandated by the law to extend such assistance to them;
d. will in any way tolerate malpractices of
some persons in government by encouraging the
farmer/farmworker beneficiaries to seek such support
services and assistance from other parties who may
inflict the old feudal economic, social, and political
costs upon the beneficiaries, unless the latter are first
prepared to take care of themselves with government
assistance;
e. will jeopardize the beneficiaries'
independence and compromise their security of income
by making them too dependent on other parties for the
marketing of their crops or on just one crop.
4. For the proper performance of its mandated task
of monitoring the implementation of the CARP in the province
and in making recommendations to the PARC, the PARCCOM
with assistance from its Provincial CARP Implementing Team
(PCIT) and PARC when necessary, shall conduct an inquiry
into the actual progress of stock-sharing arrangements
entered into by corporate landowners and their qualified
agrarian reform beneficiaries, under Sec. 31 of R.A. No.
6657, as amended. Such inquiry shall be as complete as
possible, including, among other things, the number of
beneficiaries involved at the start of the agreement and how
many of them are still in the farm, how many of them have
since then died or become disabled and how their shares of
stock have been disposed of, the extent by which the
beneficiaries have paid for their shares of stock, whether the
income of the beneficiaries have since then increased or
decreased, etc.
5. For the same purpose as stated above the
PARCCOM, with assistance from PCIT and PARC, when
necessary, shall also conduct an inquiry into the progress of
existing leaseback, joint venture, contract growing and other
schemes, arrangements or agreements, as in the banana,
pineapple, coffee, high value crops and other plantations,
and determine whether the original number of beneficiaries
are still on the land and working thereon, and whether their
income has increased or decreased and their standard of
living has improved or worsened, how many of them have
sold their land to whom and why, etc. etc.
6. The PARCCOM, with assistance from PCIT and
PARC, when necessary, shall also make a thorough on
whether steps have been taken before 1998, as mandated by
Sec. 11 of R.A. No. 6657, to acquire commercial farms in
favor of the beneficiaries thereon and to prepare said
beneficiaries to take over the management of said farms
under the said Section and Section 2 of R.A. No. 6657,
whether, pending final land transfer, the provisions of Sec.
32 of the same law on production sharing are being faithfully
observed, and if not, to recommend appropriate action to
ensure their observance.
7. The PARCCOM, with assistance from PCIT and
PARC when necessary, shall also conduct an inquiry on
whether decisions are already made or being made as to
which commercial and corporate farms shall be distributed
to the individual beneficiaries, which of them shall be
transferred to the cooperatives or associations. Application
of guidelines 1-3 would require that these cooperatives or
associations shall be trained first in management before the
farm is finally transferred to them, under the mandates of
Sections 11, 29 and 32 of R.A. No. 6657.
8. The PARCCOM may favorably recommend a
lease back arrangement only after the land concerned has
been fully transferred to the beneficiaries and when the
PARCCOM has exhausted the application of the foregoing
guidelines. Such arrangement shall also be freely agreed to
by all the beneficiaries affected, and after all its terms and
conditions as well as their rights under the law have been
explained to them.
IV. Evaluation and Approval of Applications
All applications for lease back arrangement, joint
venture agreements and other schemes recommended by the
PARCCOM to the PARC Executive Committee shall be evaluated
by a Task Force which will be formed under the supervision of
the DAR-SSO. In turn, the DAR-SSO shall be providing the PARC
ExCom with regular update on the progress of activities being
undertaken by the Task Force.
This Policy Order shall serve as the basis by DAR and
other concerned agencies/parties in the formulation of detailed
guidelines for the processing of joint venture agreements which
may be entered into between DAR and other interested private
parties and the processing of lease back arrangements, joint
venture agreements and other schemes that may be
recommended by the PARCCOM to the PARC.

August 30, 1994

DAR ADMINISTRATIVE ORDER NO. 07-94

NEW IMPLEMENTING GUIDELINES STRENGTHENING THE


FORMATION, ORGANIZATION AND OPERATION OF THE
PROVINCIAL AGRARIAN REFORM COORDINATING
COMMITTEE (PARCCOM)

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

However, a study conducted by the DAR Policy and


Strategic Research Service revealed that there is a need to
harmonize the mandate and actual activities performed by the
PARCCOMs. Since the PARCCOM is tasked with the highly
crucial function of ensuring that the inputs of various CARP
implementing agencies are harmonized, rendered mutually
reinforcing, and responsive to the actual field situation, clear
cut and sufficient guidelines are hereby promulgated to
address current policy issues and operational problems of the
PARCCOM and to repeal the provisions of Administrative
Order No. 5, Series of 1989, pertinent to the PARCCOM.
II.
Policy Statements
A. The formation and organization of the
PARCCOM have been designed to ensure the success of CARP
implementation in the province. To attain this, it should
integrate, strengthen and intensify the various program
components of the CARP on land tenure improvement, support
services and beneficiaries development.
The PARCCOM shall anchor its program on the area-
focused operation approach to enhance program efficiency
and effectiveness at the provincial level.
B. The DAR, through the Provincial Agrarian
Reform Officers (PAROs) shall be responsible for organizing
and institutionalizing the PARCCOM to make the same
operational and effective.
C. The DAR's Regional Directors (RDs) shall be
responsible for monitoring the operationalization of the
PARCCOMs, the regularity of its activities, and the
performance of PAROs as PARCCOM executive officers.
D. The program of activities and status of
project implementation shall be monitored through the regular
submission of reports to the PARCCOM, by the Provincial
CARP Implementing Teams (PCITs), or Municipal CARP
Implementing Teams (MCITs).
E. The PARCCOM, through the PCIT, shall serve
as a forum for resolving operational problems and issues. It
shall actively work for collective operational strategies among
agencies and sectors in the province.
F. In PARCCOM meetings, the regular
attendance of the highest ranking Provincial Officers of the
different CARP implementing agencies shall be mandated to
hasten the decision-making process and ensure more concrete
accomplishments.
To ensure representation in the PARCCOM, more time and
attention shall be devoted to pre-organizational activities.
III.
Definition of Terms
A. Farmers' Organization — a duly constituted
organization/association of farmers operating in the province.
B. Agricultural Cooperative — is a duly registered
association of persons composed primarily of small
agricultural producers, farmers, farmworkers, or other agrarian
reform beneficiaries with a common bond of interest who have
voluntarily joined together to achieve a lawful common social
or economic end, making equitable contributions to the capital
required; and accepting a fair share of the risks and benefits
of the undertaking in accordance with the universally
accepted cooperative principles (Article 3 of R.A. No. 6938).
C. Non-Government Organization (NGO) — a
civic, religious, or non-sectarian organization or association
which is peasant-oriented, organized primarily for rural
development and operating in the province.
D. Landowner — a person, natural or juridical,
who owns agricultural lands covered by the CARP.
E. Indigenous Cultural Community — refers to
existing groups of indigenous Filipinos duly recognized and
certified as belonging to the cultural communities in the
province by the Offices of the Northern Cultural Communities
(ONCC) or the Office of Southern Cultural Communities (OSCC)
or the Office of Muslim Affairs (OMA), who have continuously
lived as communities in a particular place since time
immemorial and have succeeded in preserving their tradition
and other distinctive cultural traits.
F. Farmer — a natural person whose primary
livelihood is the 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 leasehold. SEIcAD

G. Farmers' Representative — is a natural person


whose primary livelihood is the cultivation of the land or
production of agricultural crops, who has been duly elected by
farmers who are non-members of Farmers' Organizations to
represent them in the PARCCOM.
H. Farmworker — a natural person who renders
service for value as an employee or laborer in an agricultural
enterprise or farm, regardless of whether his/her
compensation is paid on a daily, weekly, monthly,
or "contract" 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.
IV.
Functions of the PARCCOM
A. Coordinate and Monitor CARP Implementation
in the Province.
Activities:
1. The PARCCOM shall serve as the forum
for policy formulation and inter-agency work
programming in accordance with the guidelines set
by the PARC. It shall submit an annual inter-agency
work and budget proposal for consideration and
approval by the PARC. IT shall take into
consideration the existing plan under the
Department's Agrarian Reform Community (ARC)
development program while insuring that the land
tenure improvement, beneficiaries development and
support services programs in areas outside of the
selected ARCs are not unduly jeopardized.
2. It shall conduct on-site inspections,
public hearings and consultations with concerned
sectors which shall be included as
regular activities of the PARCCOM in its workplan.
3. It shall submit to the PARC an annual
PARCCOM work plan.
4. It shall submit a quarterly report to the
PARC Executive Committee, copy furnished the
Regional Director, on the progress of CARP
implementation in the province and on the
PARCCOMs' accomplishments and activities.
B. Provide information on the provisions of
existing and applicable agrarian laws, guidelines and
issuances.
Activities:
1. The PARCCOM shall coordinate the
dissemination of information materials on agrarian
laws, guidelines and issues of particular interest
or concern to certain groups, sectors or
communities.
2. It may conduct information
dissemination seminars in groups or communities
for the abovestated purpose.
In areas where the CARP Implementing Teams
are in place, the PARCCOM shall utilize these
teams to conduct activities under IV. A and B.
C. Recommend to the PARC, through the DAR
Regional Director and the PARC Secretariat, a priority land
reform area, ahead of schedule under Sections 7 and 45
of R.A. No. 6657, for immediate acquisition and distribution to
qualified ARBs.
V.
Composition
The PARCCOM shall be composed of thirteen (13) members
as follows:
A. Chairperson — To be appointed by the
President of the Philippines upon recommendation of the PARC
Excom.
B. Members
1. Provincial Agrarian Reform Officer
(PARO), who acts as Executive Officer of the
PARCCOM.
2. Provincial Agriculture Officer
(PAO)/Provincial Agriculturist (PA) to represent the
Department of Agriculture (DA).
3. Provincial Environmental and Natural
Resources Officer (PENRO), to represent the
Department of Environment and Natural Resources
(DENR).
4. Land Bank of the Philippines (LBP)
representative, to be designated by the LBP
Regional Officer.
C. Elective Members
1. One (1) representative of farmers'
organizations in the province.
2. One (1) representative of agricultural
cooperatives.
3. One (1) representative of Non-
Government Organizations (NGOs).
4. Two (2) representatives of landowners,
at least one of whom shall be producer representing
the principal crop in the province.
5. Two (2) representatives of farmers and
farmworker beneficiaries, at least one of whom
shall be a farmer of farmworker representing the
principal crop in the province.
6. One (1) representative of cultural
communities (if applicable), duly certified by the
Office of the Northern Cultural Communities (ONCC),
Office of the Southern Cultural Communities (OSCC),
or Office of Muslim Affairs (OMA), as the case may
be, as having been duly nominated by the concerned
cultural communities. cAEaSC

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

2. Representative From the Non-


Organized Sector — To qualify for Nomination and
Election as PARCCOM member, a person must meet the
following qualifications:
a. Landowner
1. Possess the basic
qualifications enumerated in Section VIII.
C. a except number 2 thereof.
2. Be a registered owner of
agricultural land in the province.
b. Farmer and Farmworker
Beneficiaries
1. Possess the
basic qualifications enumerated in
Section VIII.C.a except number 2 thereof.
2. Must be cultivating a piece of
agricultural land in the province as
certified by the BARC or the Barangay
Chairman.
D. Filing of Certificate of Nomination
A Certificate of Nomination for sectoral representatives
shall be filed with the DAR Provincial Office (DARPO) by the
Secretary of the organization, duly attested by its President
within ten (10) days before the date of Election.
In case of the non-sectoral representatives, the Certificate
of Nomination shall be filed with the DARPO by the nominees.
E. Posting of List of Nominees
Immediately after the last day for filing of the Certificates
of Nomination, the PARO shall post a list of nominees at the
DARPO or at strategic public places in the province. TESDcA

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

A leadership capability building through appropriate


training programs shall be provided to
all PARCCOM members.
XIII.
Delineation of Responsibilities Between the PCIT and the
PARCCOM
A. The PARCCOM shall exercise direct
supervision over the Provincial CARP Implementing Team
(PCIT), the latter being its implementing arm as
mandated by E.O. No. 406.
B. The PARCCOM shall provide overall direction in
inter-agency coordination and work programming at the
provincial level.
C. The PARCCOM shall utilize the PCIT network in
implementing its resolutions and in providing feedback in aid
of monitoring and coordination.
D. The PARCCOM shall exercise overall
responsibility for monitoring the inter-agency activities and
the status of CARP implementation in the province. It shall
submit quarterly reports to the PARC.
E. The PCIT shall be responsible for the
following functions/responsibilities:
1. Undertake measures to promote,
integrate and harmonize the working relationship
between and among the participating government
agencies and non-government organizations (NGOs);
2. Undertake measures to hasten the
generation, development and execution of CARP
programs and projects;
3. Undertake measures to consolidate and
maximize the utilization of available resources of
government for the program;
4. Recommend measures to improve,
increase and accelerate the delivery capacity of
agencies for the implementation of CARP projects;
5. Submit a monthly accomplishment
report to the Secretary of Agrarian Reform through
the PARCCOM; and
6. Submit regular reports to the PARCCOM
on its Program of activities and the status of project
implementation in its area of coverage.
F. The PCIT shall elevate to the PARCCOM all
policy-related issues arising from the performance of its
functions. The PARCCOM shall primarily be concerned with
policy-making activities while the PCIT shall be responsible for
the operational aspects of the CARP.
Joint PARCCOM-PCIT meetings shall be conducted on a
quarterly basis or as necessary.
XIV.
Maintenance and Operational Funds
The PARO shall allocate a specific amount for the
maintenance and operations of the PARCCOm upon approval of
the PARCCOm work and budget plan and in accordance with
the guidelines set for the purpose.
XV.
Counterpart Funding for Participating Organizations
A. The PARO may enter into a Memorandum of
Agreement with the organized and non-organized sectors
represented in the PARCCOM, for the provision of counterpart
funds, to cover incidental expenses incurred by the
PARCCOM representatives in the performance of their
functions and responsibilities.
B. The Memorandum of Agreement may also
include stipulations on the ways and means by which the
participating organizations/sectors can assist the PARCCOM.
XVI.
Effectivity/Repealing Clause
This Administrative Order shall take effect ten (10) days
after its publication in two (2) newspapers of general
circulation pursuant to Section 49 of R.A. No. 6657. This Order
repeals the PARCCOM provisions under Administrative Order
No. 5, Series of 1989 and all other orders, circulars, rules and
regulations which are inconsistent herewith. ITDHSE

Adopted: 30 Aug. 1994

You might also like