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Agrarian Justice Delivery

One of the core programs of the Comprehensive Agrarian Reform Program (CARP) is the Agrarian
Justice Delivery (AJD). DAR has the primary jurisdiction to determine and adjudicate agrarian reform
cases and provide free legal assistance to Agrarian Reform Beneficiaries (ARBs) involved. This is
complemented with two AJD programs, namely: agrarian legal assistance (ALA) under the Bureau of
Agrarian Legal Assistance (BALA) and adjudication of agrarian cases under the Department of Agrarian
Reform Adjudication Board (DARAB).

Under RA 6657, DAR is vested with the primary jurisdiction to determine and adjudicate reform matters
and to extend free legal assistance to farmer-beneficiaries affected by agrarian cases. The delivery of
agrarian justice has two features: the Agrarian Legal Assistance and Adjudication of Cases.

Agrarian legal assistance is comprised of resolution of agrarian law implementation (ALI) cases, ARB
representation before judicial and quasi-judicial bodies, and mediation and conciliation. On the other
hand, Adjudication of Cases involves the resolution of cases by the DAR Adjudication Board (DARAB)
and any of its salas.

There are three types of cases under this program namely: judicial or court cases, quasi-judicial, and cases
related to agrarian law implementation (ALI). The first two types involve representation of farmers by
DAR lawyers before the regular courts and DAR Adjudication Board, respectively. The third type
involves the administrative rendering of decision on exemption, conversion and retention.

The DAR at present utilizes more aggressive alternative dispute resolution techniques in mediation to
reduce conflicts maturing into court cases. The general objective is to persuade the contending parties to
settle their disputes amicably out of court before DAR.

Strategic Directives:

The legal sector intends to provide effective and timely support not only for agrarian reform frontliners in
the field of operations and support services but also for the ARBs. Hence, to speed up the resolution of
agrarian-related cases, the sector shall:

 Put the legal framework in place to expedite the LAD process and undertake PBD lawyering;

 Rationalize DAR lawyers’ and paralegals’ appreciation and decision on cases by developing
common templates and legal outlines;

 Improve capabilities of DAR lawyers and legal officers to adequately address AR challenges; and

 Tap information and communication technology to enhance legal work.

E.O. 229
SECTION 19. Barangay Agrarian Reform Council (BARC).On matters related to agrarian reform, the
DAR shall convene at the barangay level, a Barangay Agrarian Reform Council. The BARC shall be
operated on a self-help basis and will be composed of the following:
a. Representative/s of farmers and farmworkers beneficiaries;
b. Representative/s of farmer and farmworkers non-beneficiaries;
c. Representative/s of agricultural cooperatives;
d. Representative/s of other farmer organizations;
e. Representative/s of the Barangay Council;
f. Representative/s of non-government organizations (NGOs);
g. Representative/s of landowners;
h. DA official assigned to the barangay;
i. DENR official assigned to the area;
j. DAR Agrarian Reform Technologist assigned to the area who shall act as the Secretary; and
k. Land Bank of the Philippines representative.

The functions of the BARC shall be:


a. To participate and give support to the implementation of programs on agrarian reform;
b. To mediate, conciliate or arbitrate agrarian conflicts and issues that are brought to it for
resolution; and
c. To perform such other functions that the PARC, its Executive Committee, or the DAR Secretary may
delegate from time to time.
Barangay Agrarian Reform Committee (BARC) – Secs. 46 to 48 of RA 6657
Section 46. Barangay Agrarian Reform Committee (BARC). — Unless otherwise provided in this Act,
the provisions of Executive Order No. 229 regarding the organization of the Barangay Agrarian Reform
Committee (BARC) shall be in effect.

Section 47. Functions of the BARC. — In addition to those provided in Executive Order No. 229, the
BARC shall have the following functions:

(a) Mediate and conciliate between parties involved in an agrarian dispute including matters related to
tenurial and financial arrangements;
(b) Assist in the identification of qualified beneficiaries and landowners within the barangay;
(c) Attest to the accuracy of the initial parcellary mapping of the beneficiary’s tillage;
(d) Assist qualified beneficiaries in obtaining credit from lending institutions;
(e) Assist in the initial determination of the value of the land;
(f) Assist the DAR representatives in the preparation of periodic reports on the CARP implementation for
submission to the DAR;
(g) Coordinate the delivery of support services to beneficiaries; and
(h) Perform such other functions as may be assigned by the DAR.
(2) The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged before it within
thirty (30) days from its taking cognizance thereof.f after the lapse of the thirty day period, it is unable to
settle the dispute, it shall issue a certificate of its proceedings and shall furnish a copy thereof upon the
parties within seven (7) days after the expiration of the thirty-day period.

Section 48. Legal Assistance. — The BARC or any member thereof may, whenever necessary in the
exercise of any of its functions hereunder, seek the legal assistance of the DAR and the provincial, city, or
municipal government.

(DARAB RULES – RULE III)


MEDIATION OR CONCILIATION AT BARANGAY LEVEL

Section 1. BARC Certification – The Board and its Adjudicators shall not take cognizance of any
agrarian case, dispute, or controversy, unless a certification from the Barangay Agrarian Reform
Committee (BARC) of the barangay where the land involved is located is presented , to the
effect that the dispute has been submitted to it for mediation or conciliation without any success
or settlement, except that the said certification is not necessary in the following cases:
a. Where the issue involves the valuation of land to determine just compensation for its
acquisition;
b. Where one party is a public or private corporation, partnership, association or juridical
person, or a public officer or employee and the dispute relates to the performance of his
official functions;
c. Where the Secretary of the DAR directly refers the matter to the Board or Adjudicator; or
d. Upon certification of the Municipal Agrarian reform Officer (MARO) or, in his absence,
the Senior Agrarian Reform Program Technologist (SARPT) or Agrarian Reform
Program Technologist (ARPT) of the non-existence of the BARC or the inability of the
BARC to convene.

Section 2. Referral to BARC – If the filing of the complaint or petition is not accompanied by the
required BARC Certification, the same shall be referred to the BARC or DAR Technologist of
the barangay where the land is located, as stated in the complaint, through the MARO of the
area, directing:
a. The BARC to conduct mediation/conciliation proceedings, by requiring the parties to
submit their supporting documents and to return the matter to the Adjudicator with a
report of the result of the proceedings, together with the complete records submitted
before it, within thirty (30) days form the receipt of the complaint or petition; or

b. The SARPT or ARPT in case of non-existence of the BARC or its inability to convene
for that purpose, to refer the matter back to the Adjudicator within five (5) days from the
receipt thereof with a certification of non-existence or inability of the BARC to convene.
Section 3. Report of Settlement at BARC Adjudicator – If the case is referred by the Board or the
Adjudicator and the same is settled at the BARC level, the results thereof shall be contained in a
report to be submitted to the Board of the Adjudicator who referred the matter, within seven (7)
days from the termination of the proceedings before the BARC, which report shall be the basis
for the rendition of judgment/decision of the case before the Board or the Adjudicator.

Section4. Land or Parties in Two (2) Barangays – Where the land in dispute straddles two or
more barangays or the parties involved reside in different barangays, the BARC of the Barangay
where the larger portion of the property lies, shall have the authority to conduct mediation or
conciliation proceedings should be held in another barangay within the Municipality or adjacent
Municipality where the land in dispute is located.

Section 5. Certification of Non-settlement – If the BARC is unable to settle the dispute within
thirty (30) days, it shall return the case to the Adjudicator of origin with a certification of non-
settlement, furnishing a copy thereof to the parties.

Section 6. Special Rules on Mediation and Conciliation – The mediation and conciliation
proceedings at the BARC shall be conducted in accordance with the uniform rules adopted and
promulgated by the DAR.
ADDITIONAL BARC-RELATED

August 30, 1994


RULES AND PROCEDURES GOVERNING MEDIATION/CONCILIATION OF AGRARIAN
DISPUTES BY THE BARANGAY AGRARIAN REFORM COMMITTEE (BARC)

I.
Legal Mandate
Pursuant to Section 47 and 53 of R.A. No. 6657, Section 19 of Executive Order (E.O.) No. 229 and the
Department of Agrarian Reform (DAR) Administrative Order No. 14, Series of 1990, the BARC is
hereby mandated to mediate/conciliate agrarian disputes brought to it by the contending parties for
resolution.

II.
Objectives
One of the major impediments to the implementation of the Comprehensive Agrarian Reform Program
(CARP) are the disputes that arise between and among the parties due to their conflicting rights and
interests.

In this connection, the DAR shall:


A. Provide a common framework in mediating/conciliating agrarian disputes between and among
contending parties relative to tenurial and financial arrangements, and other agrarian-related matters. This
aims to:
1. Promote the speedy and cost-free administration of justice;
2. Alleviate the congestion of Court and DAR Adjudication Board (DARAB) dockets; and
3. Develop a sense of commitment and responsibility among landowners and farmer-
beneficiaries to comply with their agreements, thus, ensuring the successful implementation of the CARP.

B. Clarify the role of the BARC in the resolution of agrarian disputes. — Nothing in these rules shall be
construed to delimit the discretion of the Provincial Agrarian Reform Officers (PAROs), the
Regional Directors (RDs), and other DAR officials to mediate agrarian disputes at their respective levels
when, in their honest judgment, a principled settlement of the problem shall promote justice and equity,
and countryside peace, for all concerned.

III.
Definition of Terms
A. Agrarian Disputes — refer to any controversy relating to tenurial arrangements,
whether leasehold, tenancy, stewardship, or otherwise, over lands devoted to agriculture,
including disputes concerning farmworkers, associations or representation of persons in
negotiating, fixing, maintaining, changing or seeking to arrange the terms and conditions of such
tenurial arrangements.

B. Mediation/Conciliation — refers to the process whereby the contending parties are persuaded by
the BARC to settle their disputes amicably.

C. Third Party — refers to any recognized and respected elder/leader in the community such as the
Datu, Barangay Captain, etc. who assists in an advisory capacity for the speedy settlement of
agrarian disputes petaining to CARP implementation.

IV.
Scope of Application
This shall apply to all agrarian disputes arising out of or in connection with the implementation of the
CARP brought before the BARC by a person (natural or juridical) for settlement.

V.
Level of Settlement of Agrarian Disputes
Mediation/conciliation shall be at the following levels:
a. BARC Chairperson or his/her duly authorized representative;
b. BARC panel; and
c. BARC en banc.
VI.
Procedures for the Settlement of Agrarian Disputes
The BARC Chairperson, upon evaluation of the case may decide whether settlement will be at
his/her level, through the BARC Panel or through the BARC en banc or any combination thereof. In all
cases, the BARC shall endeavor to mediate, conciliate, and settle agrarian disputes lodged before it within
30 days from its taking cognizance thereof. If after the lapse of the 30 day period, it us unable to settle
the dispute, the BARC Chairperson shall issue a certification that the dispute has not been settled and
shall furnish a copy of the same to both parties within seven (7) days after the expiration of the 30-day
period. The certification shall be accompanied by the minutes of the proceeding using M/C Form No.4
and shall be forwarded to the DARAB or the DAR Provincial Office (DARPO) as the case may be.

In case the contending parties desire that mediation/conciliation be conducted in the presence of a
respected elder/leader in the community (Datu, Barangay Captain, etc.), the BARC or the Panel
Chairperson may invite the latter. In the absence of the BARC Organization in the barangay, the DAR
Municipal Office (DARMO) or the DARPO shall initiate the mediation of the case. The PARO shall issue
the certification of settlement or no settlement, as the case maybe.

The following procedures shall be adopted in filing the complaint with the BARC:

A. A written complaint shall be filed using M/C Form 1. In the case of verbal complaint, the BARC
Chairperson or Secretary shall reduce in writing the said complaint using the same form to be signed
by the complainant, attested by the BARC Chairperson. A corresponding case number shall be
assigned to all complaints filed.

B. The BARC Chairperson shall interview the complainant regarding vital information which shall
entered in the Logbook of Agrarian Disputes using M/C Form 2.

C. The BARC Chairperson shall issue a Notice of Meeting to both the complainant and defendant using
M/C Form 3.

D. The BARC Panel/Chairperson shall endeavor to have the contending parties agree to an amicable
settlement of the dispute.
E. Mediation/conciliation by the BARC Chairperson. The BARC Chairperson shall:
1. Review the written complaint and supporting facts gathered in the logbook of Agrarian Disputes;
2. Upon successful conclusion of his mediation and conciliation efforts, direct the BARC Secretary to
write down the agreements of the contending parties using M/C Form 5 to be signed by them;
3. Attest to all written agreements made by the contending parties. Copies of the same shall be
provided to the parties, the BARC Chairman and the Municipal Agrarian Reform Officer (MARO); and
4. In case of unsuccessful mediation/conciliation efforts, issue the concomitant (M/C Form 6).
F. Mediation/conciliation by the BARC Panel.
The BARC Chairperson shall choose the three-member panel from the regular members of the BARC
with the consent of the contending parties. The selected panel shall choose from among themselves who
will act as the Panel Chairperson. The Panel Chairperson shall:
1. Preside over all meetings;
2. Review M/C Form 1 and all other facts originally recorded in the Logbook of Agrarian Disputes and
immediately conduct mediation/conciliation.
3. Upon successful conclusion, fill out M/C Form 5 specifying the terms of settlement arrived at. This
document shall be signed by the contending parties and attested to by Panel Chairperson; and
4. In case of unsuccessful mediation/conciliation efforts, issue the certification (M/C Form 6).
G. Mediation/conciliation by the BARC en banc. The BARC Chairperson shall:
1. Convene the regular meetings of the BARC and the contending parties. In all the proceedings of the
BARC en banc, a majority of the regular members shall constitute a quorum; and
2. Perform the same enumerated activities/functions in the above items VI-B to D.
VII.
Reporting
The BARC Secretary shall prepare a monthly summary report of agrarian causes filed with the BARC by
using M/C Form 7, copy furnished the DARMO.