CHAPTER IX: SUPPORT SERVICES SECTION 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 coordina tive services in the implementation of the program, particu larly in carrying out the provisions of the following services to farmer benefici ies and affected landowners: 1) Irrigation facilities, especially second crop or dry season irrigation facilities; 2) Infrastructure development and pub- lic works projects in areas and settlements that come under agrarian reform, and for this pur- pose, the preparation of the physical development plan of such settlements providing suitable ba- rangay 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 irri- gation facilitie: 4) Price support and guarantee for all agri- cultural produce; 5) Extending to small landowners, farmers and farmers’ organizations the necessary credit, like concessional and collateral-free loans, for 8 fi 5 THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988119, ‘CHAPTER DC SUPPORT SERVICES 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) Assigning sufficient numbers of agricul- tural extension workers to farmers’ organizations; 8) 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; 9) Development of cooperative management skills through intensive training; 10) Assistance in the identification of ready markets for agricultural produce and training in the other various aspects of marketing; 11) Conduct an effective information dissem- ination system through the Department of Agricul- ture to promote marketing and minimize spoilage of agricultural produce and products; 12) Create a credit guarantee fund for agri- cultural landowners that will enhance the collat- eral value of agricultural lands that are affected or will be affected by coverage under the agrarian reform program; and 13) Administration, operation, management and funding of support services programs and projects including pilot projects and models related to agrarian reform as developed by the DAR.’ Import of the Provision on Support Services ‘The success of agrarian reform depends on the provision of the wary support services and an organizational vehicle that will ‘Ax amended by Republic Act No, 7906.ee) THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 121 120 AGRARIAN LAW AND SOCIAL LEGISLATION REMENSIVE AOBARIAN RETORM ‘wotice to the concerned representative of the legislative istrict prior to implementation shall be authorized to Jwekage proposals and receive grants, aids and other forms ‘if financial assistance from any source. NOTES: ‘Hstablishment of Agrarian Reform Communities ‘This provision mandates the Department of Agrarian Reform \ ostablish Agrarian Reform Communities in each legislative Wiotrict with a predominant agricultural population. ‘The Agrarian Reform Community will be composed of and jwanaged by agrarian reform beneficiaries who shall be willing to be yyanized and to undertake the integrated development of an area, Moir organizations or cooperatives. propel the beneficiaries to attain economic independence and reliance. The lives of agrarian reform beneficiaries will be uplif through the provision of support services.” SECTION 36. Funding for Support Services. — In to cover the expenses and cost of support services, least forty percent (40%) of all appropriations for agraris reform during the five ()-year extension period be immediately set aside and made available for purpose: Provided, That the DAR shall pursue integrat land acquisition and distribution and support servi strategy requiring a plan to be developed parallel to land acquisition and distribution process. The planning implementation for land acquisition and distribution 61 be hand-in-hand with support services delivery: Provi further, That for the next five (5) years, as far as practical a minimum of two (2) Agrarian Reform Communities ( shall be established by the DAR, in coordination with local government units, non-governmental organizat SECTION 37. Support Services for the Agrarian Reform Weneficiaries. — The State shall adopt the integrated policy of support services delivery to agrarian reform beneficiaries. Yo this end, the DAR, the Department of Finance, and the “Mangko Sentral ng Pilipinas (BSP) shall institute reforms to Mhoralize access to credit by agrarian reform beneficiaries. Whe PARC shall ensure that support services for agrarian #form beneficiaries are provided, such as: ict with a predominant agri population: Provided, furthermore, That the areas in whi the ARCs are to be established shall have been substanti covered under the provisions of this Act an or land reform laws: Provided, finally, That a support services delivery strategy for existing agrari reform beneficiaries that are not in barangays within ARCs shall be adopted by the DAR. a) Land surveys and titling; b) Socialized terms on agricultural credit facilities; ‘Thirty percent (80%) of all appropriations for supportservicesreferred to in Section 36 of Republic Act No. 6657, as amended, shall be immediately set side and made available for agricultural credit facilities: Provided, That one-third (1/3) of this segregated appropriation shall be specifically For this purpose, an Agrarian Reform Community composed and managed by agrarian reform beneficiaris who shall be willing to be organized and to undertake tl integrated development of an area andlor their organizatio cooperatives. In each community, the DAR, together with the. agencies and organizations abovementioned, shall identify. the farmers’ association, cooperative or their res} i federations approved by the. farmers-hencficiaries hat eae ee anne vouckar tofare apitalization for agricultural production to new shall take the lead in the agricultural development of the capita . area, In addition, the DAR, in close coordination with the agrarian reform beneficiaries upon the awarding i ‘ oul ° tion patent or the certificate of congressional oversight committee created herein, with due ee vot cho nemaining, bro *Depariment of Agrarian Reform Administrative Order No. b, sures —— Wem HA). a "As amended by Republic Aet No, 0700,ie AGRARIAN LAW AND SOCIAL LEGISLATION See, thirds (2/3) shall be allocated to provide access to socialized credit to existing agrarian reform beneficiaries, including the leaseholders: Provided, further, the LBP and other concerned government financial institutions, accredited savings and credit cooperatives, financial service cooperatives and accredited cooperative banks shall provide the delivery system for disbursement of the above financial assistance to individual agrarian reform beneficiaries, holders of collective titles and cooperative: For this purpose, all financing institutions may accept as collateral for loans the purchase orders, marketing agreements or expected ha vests: Provided, That loans obtained shall be used in the improvement or development of the farmholding of the agrarian reform beneficiary or the establishment of facilities which shall enhance production or marketing of agricultural products or increase farm income therefrom: Provided, further, That of the remaining seventy percent (10%) for the support services, fifteen percent (15%) shall be earmarked for farm inputs as requested by the duly accredited agrarian reform beneficiaries’ organizations, such as, but not limited to: (1) seeds, seedlings and/or planting materials; (2) organic fer- tilizers; (8) pesticides; (4) herbicides; and (5) farm animals, implements/machineries; and five percent (5%) for seminars, trainings and the like to help em- power agrarian reform beneficiaries. (©) Extension services by way of planting, cropping, production and post-harvest technology transfer, as well as marketing and management assistance and support to cooperatives and farmers’ organizations; (@) Infrastructure such as, but not limited to, access trails, mini-dams, public utilities, marketing and storage facilities; (e) Research, production and use of organic fertilizers and other local substances necessary in farming and cultivation; and ov 07 ‘THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988123 (CHAPTER IX: SUPPORT SERVICES (® Direct and active DAR assistance in the education and organization of actual and poten- tial agrarian reform beneficiaries, at the barangay, municipal, city, provincial, and national levels, to- wards helping them understand their rights and responsibilities as owner-cultivators developing farm-related trust relationships among themselves and their neighbors, and increasing farm produc- tion and profitability with the ultimate end of em- powering them to chart their own destiny. The rep- resentatives of the agrarian reform beneficiaries to the PARC shall be chosen from the nominees of the duly accredited agrarian reform beneficiaries’ or- ganizations, or in its absence, from organizations of actual and potential agrarian reform beneficia- ries as forwarded to and processed by the PARC EXCOM. ‘The PARC shall formulate policies to ensure that support services for agrarian reform beneficiaries shall be provided at all stages of the program implementation with the concurrence of the concerned agrarian reform heneficiari ‘The PARC shall likewise adopt, implement, and monitor policies and programs to ensure the fundamental equality of ‘women and men in the agrarian reform program as well as fospect for the human rights, social protection, and decent furmer-beneficiaries. "The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) Hocretariat shall be transferred and attached to the LBP, for its supervision including all its applicable and existing funds, personnel, properties, equipment and records. Misuse or diversion of the financial and support services herein provided shall result in sanctions against the beneficiary guilty thereof, including the forfeiture of the land transferred to him/her or lesser sanctions as may te provided by the PARC, without prejudice to criminal ny Republic Act No, 9700,1m AGRARIAN LAW AND SOCIAL LEGISLATION See. a7 NOTES: ‘Support Services to Beneficiaries This provision mandates the Government to extend supy services to agrarian reform beneficiaries, most notable of which 1) Land surveys and titling; ti 2) Liberalized access to credit; 3) Socialized terms on agricultural credit facili- ties; 4) Technology transfer; and 5) Infrastructure, such as storage facilities, mini dams, ete, SECTION 37-A. Equal Support Services for Rural Women, Support services shall be extended equally to women men agrarian reform beneficiaries. ‘The PARC shall ensure that these support services, provided for in this Act, integrate the specific needs and being of women farmer-beneficiaries taking into account specific requirements of female family members of fa beneficiaries. ‘The PARC shall also ensure that rural women will able to participate in all community activities. To this et rural women are entitled to self-organization in order obtain equal access to economic opportunities and to access to agricultural credit and loans, marketing facil and technology, and other support services, and eq treatment in land reform and resettlement schemes. ‘The DAR shall establish and maintain a women’s which will be primarily responsible for formulating and plementing programs and activities related to the prote and promotion of women’s rights, as well as providing an a enue where women can register their complaints and. ances prineipally related to their rural activities. "Added by Republic Act No. 9700. NOTES: with the assi iwatrumentalities as it may direct, sl ected by the CARP and prior agrarian reform programs with the following sex He COMPREHE cHal JRARIAN REFORM LAW OF 1988125 ‘SUPPORT SERVICE Meaning of Rural Women Rural women are those engaged directly or indirectly in ng. or fishing as their source of livelihood, whether paid or \npaid, regular or seasonal, or in food preparation, managing the Household, caring for the children, and other similar activities. Under Section 40(5) of the Comprehensive Agrarian Reform Jaw of 1988, all qualified women members of the agricultural labor Hwive are guaranteed and assured of the following: 1) equal right to ownership of the land; 2) equal shares of the farm's produce; and 3) _ representation in advisory or appropriate deci- sion-making bodies. SECTION38. Support Services for Landowners. ~'The PARC, ance of such other government agencies and provide landowners es: (a) Investment information, financial and counseling assistance, particularly investment information on government-owned and/or -con- trolled corporations and disposable assets of the government in pursuit of nat and economic independence; (b) Facilities, programs and schemes for the conversion or exchange of bonds issued for payment of the lands acquired with stocks and bonds issued by the National Government, the BSP and other government institutions and instrumentalities; (©) Marketing of agrarian well as promoting the marketability of in traditional and non-traditional finan and stock exchanges; and/or ‘Comprehensive Agrarian Reform Law of 1988, Soetion 34,ae AGRARIAN LAW AND SOCIAL LEGISLATION See. (a) Other services designed to utilize pro- ductively the proceeds of the sale of such lands for tural ndustrialization. ‘A landowner who invests in rural-based industric shall be eniitled to the incentives granted to a re; enterprise "gaged in a pioneer or preferred area investment #5 Provided for in the Omnibus Investment C of 1987, or Such other incentives as the PARC, the LBP, other goverment financial institutions shall provide. ‘The LBP shall redeem a landowner’s agrarian refor bonds at face Value as an incentive: Provided, That at I fifty percent (50%) of the proceeds thereof shall be invest in a Board of Investments (BOD-registered company in any agePusiness or agro-industrial enterprise in region where the CARP-covered landholi located. additional incentive of two percent (2%) in cash shall paid to a lwdowner who maintains his/her enterprise as ‘oing cone! for five (5) years or keeps his/her Fea Boresistered firm for the same period: Provi further, Thit the rights of the agrarian reform beneficia are not, in 8Y Way, prejudiced or impaired thereby. ‘The DAR, the LBP and the Department of T: and Indut'Y shall jointly formulate the program carry out bese provisions under the supervision of PARC: Prosided, That in no case shall the landowners’ ‘economic, rigious, social, cultural and political attribut exclude thet! from accessing these support services.’ NOTES: Support Sewles for Landowners. ‘This potision outlines the support services that are availal to landownes: the most notable of which is the incentive granted a landowner ¥h invests in rural-based industries. ‘A lanovner who invests in rural-based industry is entitled the incentivssranted to a registered enterprise engaged in a pio or preferrel Tea of investment under the Omnibus Investment Code of 198!" TAs amo by Republic Act No. 9700. oeceuveOrcer No, 226 (July 16, 19871 (e.99 THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988127 ‘CHAPTER IX: SUPPORT SERVICES Moreover, the Land Bank will redeem the landowner's agrarian form bonds at its face value if at least 50% of the proceeds thereof e invested in a Board of Investments-registered company or in ny agribusiness or agro-industrial enterprise in the region where the Comprehensive Agrarian Reform Program-covered landholding iw located. Furthermore, if the landowner maintains his enterprise as a going concern or keeps his investments in a Board of Investments- ogistered firm for five years, he is entitled to be paid an additional Incentive of 2% in cash. SECTION 39. Land Consolidation. — The DAR shall carry ‘ut land consolidation projects to promote equal distribution of landholdings, to provide the needed infrastructures in agriculture, and to conserve soil fertility and prevent erosion. NOTES: ‘The Import of the Provision on Land Consolidation ‘This provision is intended to: 1) promote equal distribution of landholdings; 2) provide the needed infrastructures in agricul- ture; and 3) conserve soil fertility and prevent erosion.Sec. 40 THE COMPREHENSIVE AGRARIAN REFORMLAW OF 1988 129 CHAPTER X: SPECIAL AREAS OF CONCERN Pioneers and other settlers shall be treated equally in every respect. Subject to the prior rights of qualified bene- ficiaries, uncultivated lands of the public domain shall be made ed and qualified parties. Parties in the development of capital-inten: or pioneering crops shall be given priority. ‘The lease period, which shall not be more than a total of fifty (50) years, shall be proportionate to CHAPTER X: SPECIAL AREAS OF CONCERN SECTION 40. Special Areas of Concern. — As an integral part of the Comprehensive Agrarian Reform Program, the following principles in these special areas of concern shall be observed: (1) Subsistence Fishing. — Small fisherfolk, in- cluding seaweed farmers, shall be assured of great- er access to the utilization of water resources. (2) Logging and Mining Concessions. — Subject to the requirement of a balanced ecology and conservation of water resources, suitable areas, as determined by the Department of Environment and Natural Resources (DENR), in logging, mining and pasture areas, shall be opened up for agrarian settlements whose beneficiaries shall be required to undertake reforestation and conservation production methods. Subject to existing laws, rules and regulations, settlers and members of tribal communities shall be allowed to enjoy and exploit the products of the forest other than timber within the logging concessions. (8) Sparsely Occupied Public Agricultural Lands. — Sparsely occupied agricultural lands of the public domain shall be surveyed, proclaimed and developed as farm settlements for qualified landless people based on an organized program to ensure their orderly and early development. Agricultural land allocations shall be made for ideal family-size farms as determined by the PARC. 18 the amount of investment and production goals of the lessee. A system of evaluation and audit shall be instituted. (A) Idle, Abandoned, Foreclosed and Sequestered Lands. ~ Idle, abandoned, foreclosed and seques- tered lands shall be planned for distribution as home lots and family-size farmlots to actual occu- pants. If land area permits, other landless families shall be accommodated in these lands. (5) Rural Women. — All qualified women members of the agricultural Iabor force must be guaranteed and assured equal right to ownership of the land, equal shares of the farm’s produce, and representation in advisory or appropriate decision- making bodies. (6) Veterans and Retirees. — In accordance with Section 7 of Article XVI of the Constitution, landless war veterans and veterans of military campaigns, their surviving spouses and orphans, retirees of the Armed Forces of the Philippines (AFP) and the Integrated National Police (INP), returnees, surrenderees, and similar beneficiaries shall be given due consideration in the disposition of agricultural lands of the public domain. (D) Agriculture Graduates. ~ Graduates of agri- cultural schools who are landless shall be assisted by the government, through the DAR, in their de- sire to own and till agricultural lands.130 AGRARIAN LAW AND SOCIAL LEGISLATION NOTES: Opening of Agrarian Settlements in Special Areas Farm settlements may be opened up in the following areas: 1) Logging and mining concessions — farm settle- ‘ments may be opened up here, provided that the benefi- ciaries will undertake reforestation and conservation pro- duction methods; and 2) Sparsely occupied public agricultural lands = farm settlement may be opened up here for qualified landless people pursuant to an organized program to ensure orderly development. See. 40 CHAPTER XI: PROGRAM IMPLEMENTATION SECTION 41. The Presidential Agrarian Reform Council. — The Presidential Agrarian Reform Council (PARC) khall be composed of the President of the Philippines as Chairperson, the Secretary of Agrarian Reform as Vice- (hairperson and the following as members: Secretaries of the Departments of Agriculture; Environment and Natural Mesources; Budget and Management; Interior and Local (iovernment; Public Works and Highways; Trade and Industry; Finance; and Labor and Employment; Director- {ieneral of the National Economic and Development ‘Authority; President, Land Bank of the Philippines; Administrator, National Irrigation Administration; Admi- Iatrator, Land Registration Authority; and six (6) Bipreentstivce of affected landowners to represent Luzon, inayas and Mindanao; six (6) representatives of agrarian ‘yoform beneficiaries, two (2) each from Luzon, Visayas and Mindanao: Provided, That at least one (1) of them shall be from the indigenous peoples: Provided, further, That at least ‘no (1) of them shall come from a duly recognized national ‘rKanization of rural women or a national organization of varian reform beneficiaries with a substantial number women members: Provided, finally, That at least twenty wreent (20%) of the members of the PARC shall be women {in no ease shall they be less than two (2). SECTION 42. Executive Committee. — ‘There shall be an wweutive Committee (EXCOM) of the PARC composed of the crotary of the DAR as Chairman, and such other members the President may designate, taking into account Article 1, Section 5 of the Constitution. Unless otherwise directed hy the PARC, the EXCOM may meet and decide on any and ‘As amended by Republic Act No, 9700. 1st132 AGRARIAN LAW AND SOCIAL LEGISLATION all matters in between meetings of the PARC; Provi however, That its decisions must be reported to the P: immediately and not later than the next meeting. services such as inter-agency linkages; program and proje appraisal and evaluation and general operations monitot for the PARC. ‘The Secretariat shall be headed by the Secretary Agrarian Reform who shall be assisted by an Underseere and supported by a staff whose composition shall determined by the PARC Executive Committee and whe compensation shall be chargeable against the Agr: Reform Fund. All officers and employees of the Secretaris shall be appointed by the Secretary of Agrarian Reform. The Presidential Agrarian Reform Council is composed of. following: 1) Chairperson President of the Philippines 2) Vice Chairperson Secretary of Agrarian Reform 3) Members tore;’) Seetetaty of the Department of Agricul- sure; b) Secretary of the Department of Environ- ment and Natural Resources; ©) Secretary of the Department of Budget and Management; d) Secretary of the Department of Interior and Local Government; €) Secretary of the Department of Public Works and Highways; (lec 44 THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 (CHAPTER XI: PROGRAM IMPLEMENTATION 133 f) Secretary of the Department of Trade and Industry; 8) Secretary of the Department of Finance; h) Secretary of the Department of Labor and Employment; i) Director General of the National Econom- ic and Development Authority; 5) President of the Land Bank of the Philippines; k) Administrator of the National Irrigation Administration; » Authority; m) Six (6) representatives of affected land- owners to represent Luzon, Visayas and Mindanao; and Administrator of the Land Registration n) Six (6) representatives of agrarian reform beneficiaries, two (2) each from Luzon, Visayas and Mindanao. Of the 6 representatives of the agrarian reform beneficiaries: 1) _ atleast one (1) representative should be from the indigenous peoples; and 2) at least one (1) representative should come from a duly recognized national organization of rural women or a national organization of agrarian reform beneficiaries with a substantial number of women members. ‘At least twenty percent (20%) of the members of the Presidential Agrarian Reform Council should be women, but in no case should ‘women members be fewer than two (2). SECTION 44. Provincial Agrarian Reform Coordinating ymittee (PARCCOM). — A Provincial Agrarian Reform linating Committee is hereby created in each province, posed of a Chairman, who shall be appointed by the ident upon the recommendation of the EXCOM, the134 AGRARIAN LAW AND SOCIAL LEGISLATION See. Provincial Agrarian Reform Officer as Executive 0} and one (1) representative each from the Departments Agriculture, and of Environment and Natural Resow and from the LBP; one (1) representative each from exist farmers’ organizations, agricultural cooperatives non-governmental organizations in the province; two representatives from landowners, at least one (1) of wl shall be a producer representing the principal crop of province, and two (2) representatives from farmer farmworker or beneficiaries, at least one (1) of whom sl be a farmer or farmworker representing the principal of the province, as members: Provided, That in areas w1 there are cultural communities, the latter shall like have one (1) representative. ‘The PARCCOM shall coordinate and monitor implementation of the CARP inthe province. It shall pro information on the provisions of the CARP, guideli issued by the PARC and on the progress of the CARP in tf provine: in addition, it shall: 8) Recommend to the PARC the following: 1) Market prices to be used in the determi nation of the profit sharing obligation of agricul- tural entities in the province; 2) Adoption of the direct payment scheme between the landowner and the farmer and/ or farmworker beneficiary: Provided, That the amount and terms of payment are not more bur- densome to the agrarian reform benefi lary than under the compulsory coverage provision of the CARL: Provided, further, That the agrarian reform beneficiary agrees to the amount and terms of ‘pay- ment: Provided, furthermore, That the DAR shall act as mediator in cases of disagreement between the landowner and the farmer and/or farmworker beneficiary; Provided, finally, That the farmer and/ or farmer beneficiary shall be eligible to borrow from the LBP an amount equal to eighty-five per- cent (85%) of the selling price of the land that they have acquired; 3) Continuous processing of applications for Jease back arrangements, joint-venture agreements a) : COMPREHENSIVE AGRARIAN REFORM LAW 0 fae (CHAPTER XI: PROGRAM IMPLEMENTATION ind other schemes that will optimize the operating ‘ize 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.’ NOTES: Composition of the Provincial Agrarian Reform Coordinating Committee 1) Chairman appointed by the President upon the recommendation of the Executive Committee; 2) Provincial Agrarian Reform Officer as Execu- tive Officer; 3) One representative each from the: a) Department of Agriculture; b) Department of Environment and ‘Natural Resources; and c) Land Bank; 4) One representative each from: a) _ existing farmers’ organizations; b) agricultural cooperatives; and Feceomeoin ero ser i from the landowners, at pa aor nce Ni principal crop of the ida rangemeuies Tenement on farmer or farmworker representing the principal crop of the province; and 7) One representative from cultural ‘communities, in areas where there are cultural communities. rnded by Republic Aet. No. 7905,136 ‘AGRARIAN LAW AND SOCIAL LEGISLATION Se hc47 THE COMPREHENSIVE AGRARIAN REFORMLAW OF 1988137 CHAPTER XI: PROGRAM IMPLEMENTATION SECTION 45, Province-by-Province Implementation. ~ V PARC shall provide the guidelines for the province-by province implementation of the CARP, taking into accou the peculiarities and needs of each place, kind of croj needed or suited, land distribution workload, beneficiaris development activities and other factors prevalent obtaining in the area. In all cases, the implementing agen at the provincial level shall promote the development identified ARCs without neglecting the needs and probler of other beneficiaries. The ten-year program of distributi of public and private land in each province shall be adjust from year to year by the provinee’s PARCCOM in accordant with the level of operations previously established the PARC, in every case ensuring that support se are available or have been programmed before acti NOTES: Composition of the Barangay Agrarian Reform Committee ‘The Barangay Agrarian Reform Committee is composed of fopresentatives coming from the following: 1) Farmers and farmworkers beneficiaries; 2) Farmer and farmworkers non-beneficiaries; 3) Agricultural cooperatives; 4) Other farmer organizations; 5) Barangay Council; 6) _Nongovernment organizations; 7) Landowners; distribution is effected.’ 8) Land Bank; NOTES: 9) Official of the Department of Agriculture assigned to the barangay; 10) Official of the Department of Environment and Natural Resources official assigned to the area; and 11) Department of Agrarian Reform Technologist assigned to the area who shalll act as the Secretary.* Section 45 of the Comprehensive Agrarian Reform Law of 1 mandates the implementation of the agrarian reform program of 1 province-by-province basis because of the peculiarities and nee of each province, such as the kind of crops needed or suited, land distribution workload, and other factors prevalent or obtaining in the area, SECTION 47. Functions of the BARC. — (1) In addition to those provided in Executive Order No. 229, the BARC shall Ihave 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: (©) Attest to the accuracy of the initi parcellary mapping of the beneficiary's tillage; (d) Assist qualified beneficiaries in obtaining ‘credit from lending institutions; The Provincial Agrarian Reform Coordinating Committee coordinates and monitors the implementation ofthe agrarian reform program in the province. SECTION 46. Barangay Agrarian Reform Committee (BARC), — Unless otherwise provided in this Act, the provisions Executive Order No. 229 regarding the organization of the Barangay Agrarian Reform Committee (BARC) shall be in effect. As amended by Republie Act No. 7906. “Mxecutive Order No. 229, dated July 22, 1987, Section 19.138 AGRARIAN LAW AND SOCIAL LEGISLATION (©) 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; (@) Coordinate the delivery of support servie- es to beneficiaries; and (h) Perform such other functions as may be assigned by the DAR. ‘The BARC shall endeavor to mediate, concil and settle agrarian disputes lodged before it within # (80) days from its taking cognizance thereof. If after the lay of the thirty-day period, it is unable to settle the dispute, shall issue a certificate of its proceedings and shall furnish, copy thereof upon the parties within seven (7) days after expiration of the thirty-day period. NOTES: Functions of the Barangay Agrarian Reform Committee The functions of the Barangay Agrarian Reform Commit under Section 19 of Executive Order No. 229 are: 1) To participate and give support to the imple- ‘mentation of programs on agrarian reform; 2) To mediate, conciliate or arbitrate agrarian conflicts and issues that are brought to it for resolution; and 3) To perform such other functions that the Presi- dential Agrarian Reform Council, its Executive Commit- too, or the Department of Agrarian Reform Secretary may delegate from time-to-time. SECTION 48. Legal Assistance. member thereof may, whenever necessary in the exercise any of its functions hereunder, seek the legal assistance the DAR and the provincial, city, or municipal government, — The BARC or any ‘THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 CHAPTER XI: PROGRAM IMPLEMENTATION 139 I Assistance In the exercise of its mediation or conciliation functions, the Nurangay Agrarian Reform Committee can ask for legal advice from the Department of Agrarian Reform to ensure that its proposed solution to the dispute is within the bounds of law. 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 4nd purposes of this Act. Said rules shall take effect ten (10) Mays after publication in two (2) national newspapers of (oneral circulation. NOTES: Rule-Making Power of the Department of Agrarian Reform and Prosidential Agrarian Reform Council ‘This provision authorizes the Department of Agrarian Reform ind the Presidential Agrarian Reform Council to promulgate rules Wd regulations to carry out the purposes of the agrarian reform wogram. In the exercise of their rule-making power, the Depart- wont of Agrarian Reform and the Presidential Agrarian Reform {ouncil cannot enlarge or amend the provisions of the statute.