Question & AnswerQ&A (DAR)
The BARC is mandated under Sections 47 and 53 of Republic Act No. 6657, Section 19 of Executive Order No. 229, and the Department of Agrarian Reform Administrative Order No. 14, Series of 1990.
Its primary objectives are to promote speedy and cost-free justice, alleviate court and DAR Adjudication Board dockets, and cultivate commitment among landowners and farmer-beneficiaries to comply with agreements, ensuring successful implementation of the Comprehensive Agrarian Reform Program (CARP).
Agrarian disputes refer to controversies relating to tenurial arrangements such as leasehold, tenancy, stewardship, or other forms over lands devoted to agriculture, including disputes about farmworkers or their representation regarding terms and conditions of these arrangements.
A third party is any recognized and respected community elder or leader such as a Datu or Barangay Captain who assists in an advisory capacity for the speedy settlement of agrarian disputes related to CARP implementation.
These rules apply to all agrarian disputes arising out of or connected with the implementation of the CARP brought before the BARC by any natural or juridical person for settlement.
Mediation or conciliation can be conducted at three levels: (a) BARC Chairperson or their authorized representative, (b) BARC panel, or (c) BARC en banc.
BARC should endeavor to mediate and settle agrarian disputes within 30 days from the time it takes cognizance of the case.
The BARC Chairperson shall issue a certification of no settlement within seven days after the 30-day period and furnish copies to both parties. This certification, with the minutes of the proceedings, is forwarded to the DAR Adjudication Board or Provincial Office as appropriate.
A written complaint must be filed using M/C Form 1. Verbal complaints are recorded in writing by the BARC Chairperson or Secretary and signed by the complainant, attested by the Chairperson. A case number is assigned, and further procedural steps including interview, notice of meetings, and mediation efforts follow.
The Chairperson reviews complaints and facts, conducts mediation, directs the writing of agreements using prescribed forms, attests to written agreements, provides copies to parties and officials, and issues certification when mediation is unsuccessful.
The Chairperson selects a three-member panel with the consent of parties. The panel chooses its Chairperson who presides over meetings, reviews all documents, conducts mediation, records settlements, and issues certifications of no settlement if unsuccessful.
A majority of the regular BARC members shall constitute a quorum for en banc meetings.
The BARC Secretary prepares a monthly summary report of agrarian causes filed using M/C Form 7, with copies furnished to the DAR Municipal Office.
These rules took effect ten days after their publication in two newspapers of general circulation pursuant to Section 49 of R.A. No. 6657, adopted on August 30, 1994.