(NAR) VOL. 6 NO. 1 / JANUARY - MARCH 1995
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.
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.
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:
B. Provide information on the provisions of existing and applicable agrarian laws, guidelines and issuances.
Activities:
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
C. Elective Members
VI.
Functions and Responsibilities
A. Chairperson
B. Executive Officer
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:
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
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:
VIII.
Selection Process
A. Pre-Election Activities
B. Nomination of Delegates
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.
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:
1. Producer of principal crop - 1
2. Producer of other crops - 1
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. 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.
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.
D. 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.
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.
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:
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.
Adopted: 30 Aug. 1994
(SGD.) ERNESTO D. GARILAO
Secretary