Guidelines on Formation, Organization,

Operation & Strengthening of

Barangay Agrarian Reform Council (BARC)
 LEGAL BASIS
Article XIII, Sec 5 of 1987 Constitution

The State shall recognize the rights of the farmers, farm

workers and the landowners, as well as cooperatives and
other independent farmers’ organizations, to participate in the
planning, organization, and management of the program.

Department of Agrarian
Reform
 LEGAL BASIS
 Proc. 131 reaffirms the provisions of Article XIII Sec 5. Of
1987 Constitution.
 EO # 229 provided the Mechanisms for the Implementation
of the CARP, in Sec.19, sub paragraph a discusses the nature
and composition of BARC.

Department of Agrarian
Reform
Nature and Purpose of BARC
 The BARC is a local, multi-sectoral implementing body for
agrarian reform program composed of private sector and
government representatives. It operates on voluntary and self-help
basis.
 The purpose of the BARC is enshrined in the 1987 Constitution -
land to the tiller and peoples’ participation (Art. XIII, Secs. 5
&4).

Department of Agrarian
Reform
BARC COMPOSITION
As provided by DAR AO No. 14, Series of 1990
 consists of the following:
A. REGULAR VOTING MEMBERS (7)
B. EX-OFFICIO NON-VOTING MEMBERS (6)
BARC COMPOSITION
A. REGULAR VOTING MEMBERS:
1. Agrarian Reform Beneficiaries shall be
represented by the following sectors:
• EP/CLOA holder
• Agricultural lessee
• ISF beneficiaries
• Amortizing Owner (CLT Holder)
BARC COMPOSITION
A. REGULAR VOTING MEMBERS:
2. Representative of farmer /farmworker non-beneficiaries.
This sector shall be represented by small owner-cultivators i.e.
those who own not more than 5- hectares of agricultural land who are
actually dealing the land either by him/herself or with the help of
family labor and/or hired farm workers.
BARC COMPOSITION
A. REGULAR VOTING MEMBERS:
3. Representative of agricultural cooperatives/farmers organization
from a functional and barangay-based farmers’ organization or a
cooperative wherein majority of tillers are in its membership.
4. Representative of land owners i.e. Those who own 5 hectares or
less but non cultivating.
BARC COMPOSITION
A. REGULAR VOTING MEMBERS:
3. Representative of agricultural cooperatives/farmers organization
from a functional and barangay-based farmers’ organization or a
cooperative wherein majority of tillers are in its membership.
4. Representative of land owners i.e. Those who own 5 hectares or
less but non cultivating.

Department of Agrarian
Reform
BARC COMPOSITION
A. REGULAR VOTING MEMBERS:
5. Representative of landless farmers (tenant) and or
regular farmworkers actually tilling the land.(as provided for by MC.
No. 5, series of 2010)
BARC COMPOSITION
 MC No. 5, series of 2010

 the regular voting members shall have a maximum of eight (8)

people if all the ARB sectors are found in the area and at least five
(5) people if not all the ARB sectors are found therein.
BARC COMPOSITION
B. EX-OFFICIO NON-VOTING MEMBERS:
 shall be composed of one (1) representative each from the following:
✔ Department of Agrarian Reform (DAR ARPT/DF assigned in the area who shall act as the
Secretary)
✔ Municipal Agricultural Office (MAO)
✔ Community Environment and Natural Resources
✔ Land Bank of the Philippines
✔ Barangay Council (BC)
✔ Locally based NGOs. NGOs based on the municipal or provincial level
✔ Municipal Planning Development Council (MPDC)
BARC COMPOSITION
 The BARC composition is enhanced in the MC 5 s. 2010 to
include the representation of Indigenous Peoples (IPs) if they
are found in the community and rural women in the regular
voting composition for ARB Sector.
 Correspondingly, the Municipal Planning Development Officer
(MPDO) is also included to represent the Local Government
Unit (LGU) in the BARC.

Department of Agrarian
Reform
BARC OFFICERS & COMMITTEES
The BARC Officers shall be composed of the following must position:
▪ Chairperson
▪ Vice- Chairperson
▪ Secretary (automatically the ARPT/DF assigned in the barangay)
▪ Assistant Secretary
BARC OFFICERS & COMMITTEES
The suggested committees to be created in areas where LAD is a priority are
the following:
▪ Committee on ARBs identification and validation
▪ Committee on research (landholding documents) and mapping
▪ Committee on Support Services coordination
▪ Committee on mediation or arbitration
▪ Committee on ARB information and education
Tenure of Elected Representative & Officers
 The elected sectoral representatives and BARC officers shall have 3 year
tenure of office effective from the date of their oath of office.
 Any elected sectoral representatives and BARC officers who fails to fulfill
his/her duties may be removed by a majority vote of members. He/she shall
be replaced by the alternate sectoral representative.
Tenure of Elected Representative & Officers
 The vacant position of the elected BARC officers and other member shall
be occupied by the Vice-chair/alternate sectoral representative in case of
the following:
1. election to public office such as barangay/municipal/city/ provincial
board member, or
2. there is an incident of death/disability, or
3. change of residency.
Tenure of Elected Representative & Officers
 Vacated Vice-chair position shall be filled-up through election from the
voting members.
 The sector that has no representative as a result of filling up of vacant
BARC Officer/s position shall also have their election of representative/s.
 The incumbent BARC member/Officer shall continue the term of Office
left by the outgoing member/officer.
MAGNA CARTA FOR WOMEN
Section 11, Letter (b) of Republic Act (RA) No. 9710

“To ensure the participation of women in all levels of development planning

and program implementation, at least forty percent (40%) of membership
of all development councils from the regional, provincial, city, municipal,
and barangay levels shall be composed of women”.
MAGNA CARTA FOR WOMEN

▪ The meaningful participation of women in national, local, and community

leadership has been an important focus on global development policy.
▪ The wider participation of women shall address the persistent gap in
accessing opportunities and decision-making power between men and
women.
MAGNA CARTA FOR WOMEN

Likewise, having both men and women involved in decision-

making broadens the perspectives, creativity and innovation
with women paying closer attention to people’s needs and are
inclined towards the prevention and solution of conflicts.
BARC ROLES & FUNCTIONS
▪ As provided by Section 19 of E.O. 229, Series of 1987
 To participate & give support to the implementation of programs
on agrarian reform
 To mediate, conciliate or arbitrate agrarian conflicts & issues that
are brought to it for resolution
 To perform such other functions that the PARC, its Executive
Committee, or the DAR Secretary may delegate from time to
time.
BARC ROLES & FUNCTIONS
▪ As provided for by DAR A.O. No. 14, series of 1990, Section 47
of R.A. 6657, R.A.9700 & M.C. No. 5, series of 2010
 Assist in the identification of qualified beneficiaries and
landowners in the barangay;
 Attest under oath the legitimacy of the qualified beneficiaries;
BARC ROLES & FUNCTIONS

 Attest to the accuracy of initial parcellary mapping of the

beneficiary’s tillage;
 Assist in the initial determination of the value of the land;
 Mediate and conciliate between parties involved in an agrarian
dispute including related to tenurial and financial arrangements;
BARC ROLES & FUNCTIONS

 Conduct arbitration of erroneous identification of beneficiaries;

 Follow-up the delivery of support services to beneficiaries; and

 Assist qualified beneficiaries in obtaining credit from lending institutions

R esolvesjustice
issues/disputes with speedy and cost –free administration of

E nsuresDARAB
disputes are prevented from going out of the barangay level to

BARC
M ediatesto itandforconciliates
resolution
or arbitrates agrarian conflicts and issues brought
ROLES
E ncourages landowners and farmer beneficiaries to commit themselves in
complying with their agreements
&
FUNCTIONS
D ocuments the result of the process through issuance of BARC certification
I dentifies
and
02
qualified beneficiaries and landowners 03
within the barangay,

A ttest/ certify the legitimacy of qualified beneficiaries.

Department of Agrarian
Reform
Coming together is the
BEGINNING
Keeping together is
PROGRESS
Working together is
SUCCESS
BARC Roles in Agrarian
Justice Delivery
 Alternative Dispute Resolution (ADR)
A process or procedure used to resolve a dispute or controversy, other
than by adjudication of a presiding judge of a court or an officer of a
government agency, or as defined in which a neutral third party
participates to assist in the resolution of issues which includes arbitration,
mediation, conciliation, early neutral evaluation, mini-trial or any
combination thereof.
 WHEN TO USE MEDIATION
The following are the requirements before mediation will be used:

1. Conflicts must exist between at least 2 parties;

2. The parties must be willing to achieve a resolution to the
conflict/dispute based on consensus;
3. The parties must agree to have a mediator who will act as neutral
facilitators in the resolution process; and
4. The issues/problems must be appropriate for mediation.
 A.O. No. 08
Series of 1994
Rules & procedures governing
mediation/conciliation of agrarian disputes by
the BARC
This shall apply to all agrarian disputes arising out of or in connection
with the implementation of the CARP brought before the BARC by a
person (natural or judicial) for settlement.
Agrarian Disputes – Refer to any controversy relating to tenurial
arrangements, whether leasehold, tenancy, stewardship, or otherwise,
over lands devoted to agriculture, including disputes concerning
farmworkers, associations or representation of persons in negotiating,
fixing, maintaining, changing or seeking to arrange the terms and
conditions of such tenurial arrangements.
 Gender- related policies on A JD component
under AO No. 01, Series of 2011
1. Equal access and opportunity shall be accorded to both spouses/partners in pursuing or
defending a cause of action which arises from agrarian reform implementation, agrarian
disputes and other related matters before any administrative tribunal, quasi-judicial body
or court of law.

2. In cases of mediation/conciliation of agrarian disputes by the BARC, both

spouses/partners shall be summoned and shall have the right to attend proceedings. The
absence of either of the spouses or partners shall not affect the proceedings as long as one
of the spouses or partners is present.

3. The decision of one the spouse or partners who is present in the mediation/conciliation
meeting shall be binding upon the other provided that the absent spouse has authorized
the other to represent him/her in the proceedings.
 1. Ejectment – is the act of removing a person from land or
tenement which is wrongfully owns.
DAR identifies 2. Boundary Disputes – refers to problems that concerns
the following definition of limits or bounds of a settlement.

Mediable 3. Disputes on rentals or rent payment – represents issues

regarding amount paid for the use/improvement of land.
Agrarian
4. Overlapping of Claims – pertains to problems that emanates
cases at the in one area where there are two or more persons claiming for
barangay ownerships, rights or interests to the land.

level
 5. Leasehold cases – has something to do with leasehold tenancy
such as lease rentals, tenancy relations or even tenancy contracts.
DAR identifies 6. Disturbance Compensation – refers to the amount equivalent to
the following the rental on the land paid to the farmers if he is ejected by court
order because of the conversion of land by the landowner into
Mediable residential, industrial and other non-agricultural purposes.

Agrarian 7. Exclusion/Inclusion of ARB – refers to the process where ARBs

are excluded as beneficiaries for a just cause and in lieu thereof,
cases at the qualified potential ARBs are included as beneficiaries upon final
and executory order from the Regional Director/Secretary pursuant
barangay to the Agrarian Law Implementation (ALI) Rules and procedures.

level
 MEDIATOR

Based on R.A. 9285 (known as the “Alternative

Dispute Resolution of 2004”), mediator is defined as a
person who conducts mediation. It is a third party
who go in-between to help facilitate negotiation
between disputing parties.
 Benefits of Mediation
 Mediation is economical, inexpensive or a no-cost process
 Quick Way in Resolving Conflict – In the mediation process issue/dispute can
be resolved at the lowest level where the disputing parties lives.
 Parties co-owners of the solution – In mediation, the parties becomes co-owners
of the solution for it is themselves who provides solution to the problem/issue.
 High degree of satisfaction – Mediation does not only resolve conflict/dispute
but also aims to heal the relationship of the disputing parties.
 Benefits of Mediation
 A Win-win solution – mediation produces a win-win solution where both parties
become winners.
 Maintains Productive Environment – mediation provides a safe and friendly
environment. A venue convenient and non-threatening to the disputing parties where
they can freely express their rights/opinions and feelings.
 Discussions are Confidential – the mediation process is being kept within the four
corners of the room/venue.
 Can Take Place Anytime – Mediation process can be conducted anytime upon the
agreement and availability of both parties and of the mediator.
 Benefits of Mediation

 Less Stressful and Disruptive – mediation avoids emotional stress and

disruption of the process and let the parties reach on outcome that is
positive for both.
 Useful Regardless of the Outcome – mediation leads to cleared
understanding of the problem/issue even if no resolution is reached.
Mediator’s Role During Mediation Conference

FACILITATE
Facilitate the discussion in order for the parties to draw-up solutions to their problem/issue.

EVALUATE
Gives objective opinion regarding reasonableness of each party solution
DE-CONFLICT
Provides a positive frame of “I win, You win”.
Qualities of an Effective Mediator
 Speaks the same language as the parties
 Positive Outlook
 Equipped with facilitation, negotiation and mediation skills
 Credible
 Listens Actively
 Impartial
 Familiar to the case
 Fair and Just
Ethics in Mediation

1. Mediator follows certain norms and ethics in conducting mediation conference.

2. Professional in handling mediation.
3. Mediator requires transparency
4. Ensure that the parties understood the procedures of the process and their
obligations after mediation.
Ethics in Mediation

5. Disclose any interest or relationship likely to affect impartiality.

6. Conducts mediation process within an applicable law.
7. Mediation process rely upon the ability of the parties to have a voluntary
discussion/agreement.
8. Mediation is confidential
The following are the pointers on the steps in
conducting mediation process at BARC level:
1. Mediator’s Opening statement

In this stage, the mediator:

o Welcome the parties
o Makes a preliminary statement discussing the process, his role, the parties’ own role and
objectives of the mediation
o Ensures that all parties needed to make the discussions successful are present
o Lays down the ground rules
o Respond to any questions
o Establishes his credibility, competence and impartiality and sets the tone of the mediation
o Consent to proceed
The following are the pointers on the steps in
conducting mediation process at BARC level:
2. Identification of issues/agenda setting
 Summarizes and clarifies the parties’ respective statements
 List the issues they need to negotiate:
o Organize your notes and select key issues (focus on issues that need joint decision,
mentioned often, emotionally charged, potentially negotiable, key to a durable solution)
o Use positive, impartial language
o Reflect each one’s concerns
o Present problems as shared concerns
 Agree on the agenda – check for accuracy and completeness
The following are the pointers on the steps in
conducting mediation process at BARC level:
3. Mediator’s Summary of issues to be addressed
 Each party is completely heard
 The statements made by each party are completely understood by the other
 Mediator should thank party for his/her opening statement and proceed to summarize and
clarify
 Allow parties to confirm accuracy and completeness of the reframed statements or clarify,
correct or modify as necessary
The following are the pointers on the steps in
conducting mediation process at BARC level:
4. Negotiation
 Share the interests between parties
 Work through each
o Elicit options
o Evaluate and refine alternatives
o Test for agreement and explore consequences
o Write down tentative agreements
 Keep discussions on track
o Expect for tracking back and forth
o Refer back to the agenda and keep all in focus
o Stay within the time
The following are the pointers on the steps in
conducting mediation process at BARC level:
5. Closure
 Thank the parties
 Discuss final administrative details
 Remind parties of the confidentiality of the proceedings
 Ask if there are any other final details to be discussed, and address them if needed
 If mediation is unsuccessful, advise parties that they are now free to pursue whatever
alternatives they have, including any legal action they deem appropriate
 Declare the mediation terminated
The following are the pointers on the steps in
conducting mediation process at BARC level:
6. Written agreement
 Summarize terms of agreement
 Use simple language and short sentences
 Read draft aloud. Go line by line
 Ask parties if it is workable? Wording ok? Acceptable?
 Revise as necessary and repeat
 Read aloud
 Make sure each person understands and agrees
 Have everyone sign and give everyone a copy