SECTION 46: BARANGAY AGRARIAN REFORM COMMITTEE (BARC)

All I can say for this, is they’re really doing their best to make land transfer easier and

guide the committees. Those are there really responsibilities. For me, it’s all good because they

are assuring that they can guide the committees and they are implement their job in a good

operation.
SECTION 47: FUNCTION OF BARC

For me, we should have to be wise when it comes to land that we have to buy. Make sure

that we have an agreement before we buy it, we know where that place is, if it is quality for you

and your family. The good thing about this, is the owner barangay will make you go around in

their barangay for a while so you can really know what kind of surroundings they have and that

is good for me and to those who want to buy a land. They are really helping the buyer to assure

them that they will not regrets to choose their barangay.

SECTION 48: LEGAL ASSISTANCE

The BARC or any member thereof may whenever necessary in the exercise of any of its

functions here under, seek the legal assistance of the DAR and the provincial, city, or

municipality government.

The State respect the right of small landowners, and shall provide incentives for

voluntary land-sharing. The State shall protect the rights subsistence fishermen, especially of

local communities, to the preferential use of communal marine and fishing resources, both inland

and off shore.

The Agrarian Legal Assistance is under the Bureau of Legal Assistance (BALA).The

BALA provides legal assistance to the beneficiaries affected by agrarian cases, particularly those

whose legal rights as ARB’s are challenged by landowners.

SECTION 49: RULES AND REGULATIONS

The PARC and the DAR shall have the power to issue rules and regulations, whether

substantive or procedural, to carry out the objects and purposes of this Act. Said rules shall take

effect ten (10) days after publication in two (2) national newspapers of general circulation.

Section 2 of R.A.6657 provides that “the state shall apply the principle of agrarian reform

or stewardship, whenever applicable, in accordance with law in the disposition or utilization of

other natural resources, including lands of the public domain. Likewise pursuant to Section 49 of

6657, the PARC and the DAR are empowered to issue rules and regulations whether substantive

or procedural, to carry out the object and purposes of this Act.

In furtherance of this authority and in order to accelerate the issuance of Certificate of

Land Ownership Awards (CLOA) to qualified beneficiaries in settlement projects administered

by the DAR, these new Rules and Procedures are here by adopted.
SECTION 50:QUASI-JUDICAL POWERS OF THE DAR

The DAR is here by vested with the primary jurisdiction to determine and adjudicate

agrarian reform matters and shall have exclusive original jurisdiction over all matters involving

the implementation of agriculture (DA) and the Department of Environment and Natural

Resources (DENR).

Its shall not be bound by technical rules of procedure and evidence but shall proceed to

hear and decide all cases, dispute or controversies in a most expeditious manner, employing all

reasonable means to ascertain the fact of every case in accordance with justice and equity and the

merits of the case.

Responsible farmer leaders shall be allowed to represent themselves, their fellow farmers,

or their organizations in any proceeding before the DAR: Provided, however, that when there are

two or more representative for any individual or group, the representative should choose only

one among themselves to represent such party or group before any DAR proceedings.
SECTION 51: FINALITY OF DETERMINATION

Any case or controversy before it shall be decided within thirty (30) days after it is

submitted for resolution. Only one (1) motion for reconsideration shall be allowed. Any order,

ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof.

Knowledge will forever govern ignorance, and a people who mean to be their own

governor’s must arm themselves with the power which knowledge gives.
SECTION 52: FRIVOLOUS APPEALS

That trusts when he needs not? If public officer will infringe men’s rights. To discourage

frivolous or dilatory appeals from the decisions or the local or provincial levels, the DAR may

impose reasonable penalties, including but not limited to fines or censures upon erring parties.
SECTION 53: CERTIFICATION OF THE BARC

Bias going way down, inclusion and feedback becoming more personal and catalyzing.

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.

SECTION 54: CERTIORARI

For me, you need a solid evidence in finding a truth so that you can prove it. Always

remember, when we buy a land or any properties you have to make an agreement because that’s

a solid evidence if there’s no agrarian dispute and to make the process good.

Any decision, order, award or ruling of the DAR on any agrarian dispute or on any matter

pertaining to the application, implementation, enforcement, or interpretation of this Act and other

pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except as

otherwise provide in this Act within fifthteen (15) days from the receipt of a copy thereof.