QuestionsQuestions (DAR)
The Rules are issued pursuant to Sec. 47 and 53 of R.A. No. 6657, Sec. 19 of E.O. No. 229, and DAR Administrative Order No. 14, Series of 1990.
To provide a common framework for mediating agrarian disputes (tenurial/financial arrangements and other agrarian-related matters) to promote speedy and cost-free justice, alleviate court/DARAB docket congestion, and encourage compliance with agreements; and to clarify that the BARC role does not limit the discretion of DAR officials to mediate at their respective levels when just and equitable.
Any controversy relating to tenurial arrangements (leasehold, tenancy, stewardship, or otherwise) over lands devoted to agriculture, including disputes concerning farmworkers or associations/representation in negotiating, fixing, maintaining, changing, or arranging terms and conditions of such tenurial arrangements.
A process where the contending parties are persuaded by the BARC to settle their disputes amicably.
Any recognized and respected elder/leader in the community (e.g., Datu, Barangay Captain) who assists in an advisory capacity for speedy settlement of agrarian disputes related to CARP implementation.
They 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.
At (a) the BARC Chairperson or authorized representative, (b) the BARC panel, and (c) the BARC en banc.
The BARC Chairperson, upon evaluation of the case, decides whether settlement will be handled at his/her level, through the BARC Panel, through the BARC en banc, or a combination.
It must endeavor to mediate/conciliate/settle within 30 days from taking cognizance. If not settled after 30 days, the BARC Chairperson issues a certification of no settlement and furnishes it to both parties within 7 days after the expiration of the 30-day period, accompanied by minutes (M/C Form No. 4), and forwards it to the DARAB or the DAR Provincial Office.
M/C Form 1 (written complaint), M/C Form 2 (Logbook entry after interviewing complainant), M/C Form 3 (Notice of Meeting), M/C Form 4 (minutes of proceedings), M/C Form 5 (agreements/terms of settlement), M/C Form 6 (certification in case of unsuccessful mediation), and M/C Form 7 (monthly summary report).
The BARC Chairperson or Secretary must reduce the verbal complaint in writing using M/C Form 1, signed by the complainant and attested by the BARC Chairperson.
The Chairperson must interview the complainant for vital information entered in the Logbook of Agrarian Disputes (M/C Form 2), issue a Notice of Meeting to both parties (M/C Form 3), and attempt mediation/conciliation, then either record agreements in M/C Form 5 (signed by parties and attested) or issue M/C Form 6 in case of unsuccessful efforts.
The BARC Chairperson chooses a three-member panel from regular members of the BARC with the consent of the contending parties. From among themselves, the panel members select who will act as Panel Chairperson.
A majority of the regular members constitutes a quorum for all proceedings of the BARC en banc.
The BARC Secretary prepares a monthly summary report of agrarian causes filed with the BARC using M/C Form 7, with a copy furnished to the DARMO.
They take effect ten (10) days after publication in two (2) newspapers of general circulation pursuant to Sec. 49 of R.A. No. 6657.