CARL Sections 46-53

Barangay-level Program implementation

Merong bang kinalaman ang Barangay sa implementation ng CARL?

Under Section 46, itinalaga ang Barangay Agrarian Reform Committee (BARC).

Sino-sino ang dapat maging miembro ng BARC?

1. Farmers and farmworkers beneficiaries;

2. Farmers and farmworkers non-beneficiaries;
3. Agricultural cooperatives;
4. Other farmer organizations;
5. Barangay Council
6. NGO’s;
7. Landowners;
8. Land Bank
9. Assigned DA official
10. Assigned DENR official
11. Assigned DAR Technologist

Ano-ano ang gawain ng BARC?

Under Section 47, BARC shall have the following functions:

(a) Mediate and conciliate between parties involved in agrarian dispute including matters related to
tenurial and financial arrangements;
(b) Assist in the identification of qualified beneficiaries and landowners within the barangay;
(c) Attest to the accuracy of the initial parcellary mapping of the beneficiary’s tillage;
(d) Assist qualified beneficiaries in obtaining credit from lending institution;
(e) Assist in the initial determination of the value of the land;
(f) Assist the DAR representatives in the preparation of periodic reports on the CARP
implementation for submission to the DAR;
(g) Coordinate the delivery of support services to the beneficiaries; and
(h) Perform such other functions as may be assigned by the DAR.

Bukod sa pag implement ng CARL, may iba pa bang kapangyarihang ibinigay sa DAR?

Under Section 50, the DAR is vested with primary jurisdiction to determine and adjudicate agrarian
reform matters and shall have exclusive original jurisdiction over all matters involving the
implementation of agrarian reform except those falling under the exclusive jurisdiction of DA and DENR.
The quasi-judicial power of the DAR, which is exercised through Department of Agrarian Reform
Adjudication Board (DARAB), embodies the following:

1) Primary jurisdiction to determine and adjudicate agrarian reform matters’ and

2) Appellate jurisdiction over orders and decisions of the Agrarian Reform Adjudicators.

Agrarian disputes refers to any controversy relating to tenurial arrangements, whether leaseholds,
tenancy, stewardship or otherwise, over land devoted to agriculture, including disputes concerning
farmworker’s associations or representation of persons in negotiating, fixing, maintaining, changing, or
seeking to arrange terms or conditions of such tenurial arrangements.

Dahil “exclusive and original” ang jurisdiction ng DAR in all matters involving the implementation of
agrarian reform, pag diretsong nag file ba ang party sa regular courts at ang kaso eh agrarian in
nature, dapat ba itong i-dismiss?

The court should not dismiss the case outright. Instead, it should refer the matter to the DAR for the
purpose of determining and certifying within 15 days from referral whether an agrarian dispute exists.

Pag may “agrarian dispute” ba, sa DAR agad ang punta?

Under Section 53, The DAR shall not take cognizance of any agrarian dispute or controversy unless a
certification from the BARC that the dispute has been submitted to it for mediation and conciliation
without any success of settlement is presented.

May kaso bang hindi na kailangan ang BARC Certification?

Yes, in following cases:

1) When the issue involves the valuation of land to determine just compensation
2) Where one party is a public or private corporation, partnership, association or juridical person,
or public officer or employee and the dispute relates to the performance of his official funcitons;
3) When the Sec. of DAR directly refers the matter to the DARAB or the Adjudicator; or
4) When there is no BARC to convene