Objectives of Mediation/Conciliation by BARC
- Provide a common framework for mediating agrarian disputes related to tenurial and financial arrangements and other agrarian matters.
- Promote speedy and cost-free justice.
- Reduce congestion in courts and DAR Adjudication Board dockets.
- Foster a sense of commitment among landowners and farmer-beneficiaries for compliance with agreements.
- Clarify BARC’s mediating role without limiting other DAR officials’ discretion to mediate disputes at higher levels if necessary.
Definition of Key Terms
- Agrarian Disputes: Controversies related to tenurial arrangements over agricultural land, including disputes concerning farmworkers, associations, or negotiations.
- Mediation/Conciliation: The process of persuading contending parties to amicably settle disputes.
- Third Party: Recognized community elders or leaders (e.g., Datu, Barangay Captain) who assist as advisers to expedite settlement.
Scope of Application
- Applies to all agrarian disputes related to the implementation of the Comprehensive Agrarian Reform Program (CARP) brought before the BARC.
Levels of Settlement
- Mediation/conciliation may occur at three levels:
a) BARC Chairperson or authorized representative;
b) BARC panel;
c) BARC en banc.
Procedures for Settlement
- The BARC Chairperson evaluates the case and decides on the level of mediation.
- The BARC aims to resolve disputes within 30 days from taking cognizance.
- If unresolved in 30 days, a certification of non-settlement is issued and forwarded to DARAB or DAR Provincial Office.
- Contending parties may request mediation in presence of a respected community elder.
- In absence of BARC in the barangay, DAR Municipal or Provincial Office intervenes and issues certification.
- Filing complaint procedures:
- Written complaint using M/C Form 1; verbal complaints are reduced to writing.
- Complaint logged with vital information using M/C Form 2.
- Notice of Meeting issued to parties using M/C Form 3.
- BARC Chairperson or Panel conducts mediation efforts.
- Mediation by Chairperson:
- Reviews complaint and logbook facts.
- Records agreements in M/C Form 5 if settlement is reached.
- Issues certification of non-settlement (M/C Form 6) if failed.
- Mediation by Panel:
- Three-member panel chosen with parties’ consent.
- Panel Chairperson presides and handles mediation.
- Agreement recorded in M/C Form 5 or certification of non-settlement issued.
- Mediation by BARC en banc:
- Convened by Chairperson.
- Majority quorum required.
- Performs mediation and documentation duties similar to Chairperson and Panel.
Reporting
- BARC Secretary prepares a monthly summary report of disputes filed using M/C Form 7.
- Copies sent to DAR Municipal Office.
Effectivity
- Order takes effect ten days after publication in two newspapers of general circulation as per Sec. 49 of RA 6657.