Legal basis and regulatory anchors
- The mandate to mediate/conciliate agrarian disputes is issued pursuant to Section 47 and Section 53 of Republic Act No. 6657.
- The order is also grounded on Section 19 of Executive Order (E.O.) No. 229.
- The DAR’s authority is further anchored on DAR Administrative Order No. 14, Series of 1990.
Policy and objectives for mediation
- The DAR establishes mediation/conciliation as a mechanism to address agrarian disputes arising from the Comprehensive Agrarian Reform Program (CARP).
- The DAR directs mediation/conciliation to provide a common framework for resolving disputes involving tenurial and financial arrangements and other agrarian-related matters.
- The mediation framework is intended to:
- Promote speedy and cost-free administration of justice;
- Alleviate congestion of Court and DAR Adjudication Board (DARAB) dockets; and
- Develop landowners’ and farmer-beneficiaries’ commitment to comply with agreements to ensure successful CARP implementation.
- The order preserves the discretion of the Provincial Agrarian Reform Officers (PAROs), Regional Directors (RDs), and other DAR officials to mediate at their respective levels when, in their honest judgment, a principled settlement promotes justice and equity and countryside peace.
Definitions governing the process
- Agrarian disputes are controversies relating to tenurial arrangements over lands devoted to agriculture, including disputes involving leasehold, tenancy, stewardship, or otherwise.
- Agrarian disputes include disputes concerning farmworkers, associations, or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange the terms and conditions of tenurial arrangements.
- Mediation/conciliation is the process where the BARC persuades the contending parties to settle their disputes amicably.
- A third party is any recognized and respected elder/leader in the community such as the Datu or Barangay Captain who assists in an advisory capacity for speedy settlement of agrarian disputes pertaining to CARP implementation.
Coverage and where cases go
- The rules apply to all agrarian disputes arising out of or in connection with the implementation of the CARP.
- The rules cover agrarian disputes brought before the BARC by a person (natural or juridical) for settlement.
- Mediation/conciliation is conducted at levels within the BARC structure:
- The BARC Chairperson or duly authorized representative;
- A BARC panel; and
- The BARC en banc.
Settlement levels and required timelines
- The BARC Chairperson, after evaluation, may determine the settlement level: his/her level, the BARC Panel, the BARC en banc, or any combination thereof.
- The BARC must endeavor to mediate, conciliate, and settle agrarian disputes within 30 days from taking cognizance.
- If settlement is not reached after the 30-day period, the BARC Chairperson must issue a certification that the dispute has not been settled.
- The certification must be furnished to both parties within seven (7) days after the expiration of the 30-day period.
- The certification must be accompanied by the minutes of the proceeding using M/C Form No.4 and then forwarded to the DARAB or the DAR Provincial Office (DARPO), as the case may be.
- If the contending parties desire mediation in the presence of a respected elder/leader (e.g., Datu, Barangay Captain), the BARC or the Panel Chairperson may invite the elder/leader.
- If there is no BARC organization in the barangay, the DAR Municipal Office (DARMO) or DARPO initiates the mediation.
- The PARO issues the certification of settlement or no settlement, as the case may be.
Filing, meetings, and forms used
- Complaints must be filed with the BARC using M/C Form 1.
- For verbal complaints, the BARC Chairperson or Secretary must reduce the complaint in writing using the same form, to be signed by the complainant and attested by the BARC Chairperson.
- A case number must be assigned to all complaints filed.
- The BARC Chairperson must interview the complainant on vital information and record these in the Logbook of Agrarian Disputes using M/C Form 2.
- The BARC Chairperson must issue a Notice of Meeting to both complainant and defendant using M/C Form 3.
- Mediation/conciliation through the BARC Panel/Chairperson must be conducted with the goal of having the contending parties agree to an amicable settlement.
Conduct of mediation at each BARC level
- Mediation/conciliation by the BARC Chairperson requires the Chairperson to:
- Review the written complaint and supporting facts gathered in the logbook of agrarian disputes;
- Direct the BARC Secretary to record the parties’ agreements using M/C Form 5 after successful mediation;
- Attest to written agreements and provide copies to the parties, the BARC Chairperson, and the Municipal Agrarian Reform Officer (MARO); and
- If unsuccessful, issue the concomitant using M/C Form 6.
- Mediation/conciliation by the BARC Panel requires:
- The BARC Chairperson to choose a three-member panel from regular BARC members with the consent of the contending parties;
- The selected panel to choose a Panel Chairperson among themselves;
- The Panel Chairperson to preside over meetings;
- Immediate mediation/conciliation after reviewing M/C Form 1 and the facts in the Logbook of Agrarian Disputes;
- Completion of settlement terms in M/C Form 5, signed by the contending parties and attested by the Panel Chairperson; and
- Issuance of the certification in M/C Form 6 if unsuccessful.
- Mediation/conciliation by the BARC en banc requires the BARC Chairperson to:
- Convene regular meetings and include the contending parties; and
- Ensure that a majority of regular members constitutes a quorum in BARC en banc proceedings.
- For the BARC en banc, the Chairperson performs the same enumerated activities/functions as set for the BARC Chairperson and Panel levels in the relevant parts of the procedure.
Reporting requirement
- The BARC Secretary must prepare a monthly summary report of agrarian causes filed with the BARC using M/C Form 7.
- The monthly summary report must be copy furnished to the DARMO.