POWERS AND JURISDICTION
BARANGAY AGRARIAN REFORM COUNCIL
ADDITIONAL NOTES
1. ) Mediate and conciliate between parties I. Functions of the BARC under E.O. 229:
involved in an agrarian dispute. 1.) To participate and give support to the
implementation of programs on Agrarian
2. ) Assist in the identification of qualified Reform.
beneficiaries and landowners within the 2.) To mediate, conciliate or arbitrate
barangay, agrarian conflicts and issues that are brought
to it for resolution.
3. ) Attest to the accuracy of the initial 3.) To perform such other functions that the
parcellary mapping of the beneficiary’s PARC, its Executive Committee, or the DAR
tillage. Secretary may delegate from time to time.
4. ) Assist in the initial determination of the II. BARC certification is not required in the
value of the land. following cases:
5. ) Assist the DAR representatives in the a.where the issue involves the valuation of
preparation of periodic reports on the CARP land to determine just compensation for its
implementation. acquisition.
6. ) Coordinate the delivery of support b. where one party in a public or private
services to beneficiaries. corporation, partnership, association or
juridical person, or a public officer or
7.) Perform such other functions as may be employee and the dispute relates to the
assigned by DAR.(Sec. 47, CARL). performance of his official functions.
8.) The BARC shall endeavor to mediate, C. where the Secretary of the DAR directly
conciliate and settle agrarian disputes lodged refers the matter to the Board or Adjudicator.
before it within thirty (30) days from its
taking cognizance thereof. If after the lapse D.upon certification of the Municipal Agrarian
of the thirty day period, it is unable to settle Reform Officer (MARO) or, in his absence, the
the dispute, it shall issue a certificate of its Senior Agrarian Reform Program
proceedings and shall furnish a copy thereof Technologist (SARPT) or Agrarian Reform
upon the parties within seven (7) days after Program Technologist (ARPT) of the
the expiration of the thirty-day period (Sec. non-existence of the BARC or the inability of
 47 CARL). the BARC to convene (Sec. 1 (d), Rule III,
2009 DARAB RUles of Procedure).
9.) Issue Certification concerning disputes
over lands located in the said barangay
showing that such dispute has been
submitted for mediation or conciliation
without any success or settlement (Sec. 53,
CARL).
PROVINCIAL AGRARIAN REFORM Has primary and exclusive jurisdiction to 1. Generally, the PARAD has primary and
ADJUDICATOR determine and adjudicate matters pertaining exclusive jurisdiction to hear and decide
to: agrarian disputes. “Agrarian Dispute” refers
1. ) The preliminary proceedings of land to any controversy relating to tenurial
valuation for the purpose of the arrangements, whther leasehold, tenancy,
determination of just compensation for its stewardship or otherwise, over lands devoted
acquisitionwhen the initial land valuation of to agriculture, including disputes concerning
the Land Bank of the Philippines is less than farmworkers’ associations or representations
Ten Million Pesos (Sec. 2, RULE XIX, 2009 of persons in negotiating, fixing,
DARAB Rules of Procedure). maintaining , changing, or seeking arrange
terms or conditions of such tenurial
2. ) Rights and obligations of persons arrangements (Sec. 3(d), RA 6657).
engaged in management, cultivation and use
of all agricultural lands covered by CARL and 2. Decisions of PARAD are appealable to the
other related agrarian laws. DAR Adjudication Board within 15 days from
receipt of notice (Sec. 1, Rule XIV, 2009
3.) Annulment or rescission of lease DARAB Rules of Procedure).
contracts or deeds of sale or their
amendments involving lands 3. Venue:
under the administration and  All actions shall be brought before the
disposition of the DAR or Land Bank Adjudicator of the Province where the
of the Philippines (LBP), land is situated.
and the amendment of titles pertaining to
agricultural lands under the administration  If the land is located in two or more
and disposition of the DAR and LBP; as well provinces:
as EPs issued under PD 266, Homestead i. To the adjudicator where the
Patents, Free Patents, and miscellaneous larger portion of land lies unless for
sales patents to settlers in settlement and convenience, accessibility and upon the
re-settlement areas agreement of the parties and upon the
under the administration and approval of RARAD.
disposition of the DAR.
4.) Ejectment and disposition of tenants or
lease holders.

5. ) Sale, alienation, pre- emption, and

redemption of agricultural lands under the
coverage of the CARL.

6. ) Correction, partition, secondary and

subsequent issuances such as
reissuance of lost/destroyed owner's
duplicate copy and
reconstitution of Certificates of Land
Ownership Award (CLOAs) and Emancipation
Patents (EPs) which are registered
with the Land Registration Authority.

7. ) Review of leasehold rentals and

fixing of disturbance compensation.

8.) Collection of amortization payments,

foreclosure and similar disputes
concerning the functions of the LBP, and
payments for lands awarded under PD No.
27, RA No. 3844, as amended, and R.A. No.
6657, as amended by R.A. No. 9700, and
other related laws, decrees, orders,
instructions, rules, and regulations, as well
as payment for residential, commercial, and
industrial lots within the settlement and
 resettlement areas under the administration
and disposition of the DAR.

9.) Boundary disputes over lands

under the administration and
disposition of the DAR and the LBP, which
are transferred, distributed, and/or sold to
tenant-beneficiaries and are covered by
deeds of sale, patents, and
certificates of title.

10. ) Cases previously falling

under the original and exclusive
jurisdiction of the defunct Court of Agrarian
Relations under Section 12 of PD No.
946 except those cases falling
under the proper courts or other
quasi-judicial bodies.

11.) Such other agrarian cases, disputes,

matters or concerns referred to it
by the Secretary of the DAR.
(Sec. 1, Rule II, 2009 DARAB Rules of
Procedure).

REGIONAL AGRARIAN REFORM The RARAD is the Executive Adjudicator in 1. Decision of the RARAD is also appealable
ADJUDICATORS the Region. It is vested with the following to the DARAB.
functions and jurisdictions:

1. ) Exercise administrative supervision

over the PARAD and,
in the absence of the PARAD concerned,
their personnel, which shall include, among
others, the monitoring of cases in his Region
 2.) Conduct hearing and adjudication of
Agrarian diputes within the Region.

3.) Conduct hearing on the following:

i. cases that cannot be handled

by the PARAD on account of inhibition,
disqualification or when there is no
PARAD designated in the locality

ii. matters of such complexity and

sensitivity that the decision thereof
would constitute an important precedent
affecting regional interest as may be
recommended by the concerned RARAD
and approved by the Board

iii. Preliminary determination of just

compensation of lands valued at P10M to
P50M.

iv. Conduct hearing on applications for

the issuance of the writ of preliminary
injunction or temporary restraining order
and such other cases which the Board
may assign (Sec. 5, Rule II, 2009 DARAB
Rules of Procedure).

DEPARTMENT OF AGRARIAN REFORM I. As a quasi-judicial body, DAR is vested

ADJUDICATION BOARD with:
1. ) Primary Jurisdiction to determine and
adjudicate all agrarian reform disputes or
matters.
 I. Limitations of DARAB:
2.) Appellate jurisdiction over orders and
decisions of the Agrarian Reform DARAB has no jurisdiction to the following
Adjudicators (2009 DARAB Rules of cases:
Procedure, Rule II, Sec. II).
1. Matters of ownership
II. In the exercise of its quasi- judicial 2. Retention or exemption issues
powers, the DARAB is authorized to: 3. Right of way issues
1. Hear & decide cases within its 4. Identification and classifying landholdings
jurisdiction; for agrarian reform coverage.
2. Summon witnesses; 5. Matters pertaining to identification and
3. Administer oaths; selection of beneficiaries.
4. Take testimony; 6. Criminal offenses even related to agrarian
5. Issue subpoena ad testificandum or cases.
ducestecum; 7. Administrative implementation of RA 6657
6. Issue writs of execution; 8. Non-Tenancy related issue.
7. Punish direct/indirect contempt
II. The Board or its Adjudicators shall not
take cognizance of any agrarian case,
dispute, or controversy, unless a certification
from the Barangay Agrarian Reform
Committee (BARC) of the barangay where
the land involved is located is presented, to
the effect that the dispute has been
submitted to it for mediation or conciliation
without any success or settlement (Sec. 53,
RA 6657).
DAR SECRETARY 1. The Office of the Secretary has the power
to recognize the following Administrative
cases, otherwise known as Agrarian Law
Implementation (ALI) cases, such as:

i. To classify and identify landholdings for

agrarian reform coverage, as well as the
application for exemption from coverage
under Section 10 of RA 6657 except
agricultural land used for livestock, swine,
and poultry raising and exemption/exclusion
of fishpond and prawn from the coverage of
CARP pursuant to RA 7881.

ii. Determination of rights of Agrarian

Reform Beneficiaries such as: disposition of
excess area of the
tenant’s/farmer-beneficiary,including
retention rights of the landowner.

iii. Identification of Farmer Beneficiaries.

iv. Determination of Provisional Lease

Rentals.

v. Land Use Conversion

vi. Cancellation of CLOA and EP not yet

registered.

vii. Clearance to transfer agricultural Land

(PARO may decide)

viii. Subdivision survey of land under

Comprehensive Agrarian Reform Program
(CARP)