Chapter 11 Program Implementation

7/28/2019 Chapter 11 Program Implementation

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CARP

Chapter 11Program

Implementation

Prepared by:

Apostol, Danielle

Padilla, Kayrel

Salting, Jessica

Submitted to:Dean Ulpiano P. Sarmiento III

Agrarian Law Professor


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Chapter 11 Program Implementation

- Reflects the implementation from national to village level

- Proclamation no. 131 Instituting an agrarian Reform Program in order to

effect constitutional provisions.

The Presidential Agrarian Reform Council (PARC)

As provided in RA 6657

Section 41. The Presidential Ag rarian Reform Counci l . The Presidential Agrarian

Reform Council (PARC) shall be composed of the President of the Philippines as

Chairman, the Secretary of Agrarian Reform as Vice-Chairman and the following as

members; Secretaries of the Departments of Agriculture; Environment and Natural

Resources; Budget and Management; Local Government: Public Works and Highways;Trade and Industry; Finance; Labor and Employment; Director-General of the National

Economic and Development Authority; President, Land Bank of the Philippines;

Administrator, National Irrigation Administration; and three (3) representatives of

affected landowners to represent Luzon, Visayas and Mindanao; six (6) representatives

of agrarian reform beneficiaries, two (2) each from Luzon, Visayas and Mindanao,

provided that one of them shall be from the cultural communities.

- Meets once or twice a year

- EO 229 Providing the Mechanisms for the Implementation of CARP

created the PARC- PARC is the highest policy-making and coordinative body

- Formulate and implement policies, rules and regulations

- President Corazon Aquino designated herself as chair of the Council

- The Secretary of Agrarian Reform as the vice-chair

- Heads of several other departments as members

- Representatives of Agrarian reform beneficiaries and landowners as

members

The PARC Executive Committee

Section 42. Executiv e Committee. There shall be an Executive Committee

(EXCOM) of the PARC composed of the Secretary of the DAR as Chairman, and such

other members as the President may designate, taking into account Article XIII, Section

5 of the Constitution. Unless otherwise directed by PARC, the EXCOM may meet and

decide on any and all matters in between meetings of the PARC: provided, however,


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that its decisions must be reported to the PARC immediately and not later than the next

meeting.

- Drafts major policies for the approval of the full PARC

- Meets on quarterly basis

- Decisions ratified by full PARC- Draws up targets and implementation schedules

- Allocates budhets of CIAs (CARP Implementing Agencies)

- Chair is DAR Secretary

- Different heads/executive secretaries as members

- Representatives of beneficiaries and landowners as members

The PARC Secretariat

Section 43. Secretariat. A PARC Secretariat is hereby established to providegeneral support and coordinative services such as inter-agency linkages; program and

project appraisal and evaluation and general operations monitoring for the PARC.

The Secretariat shall be headed by the Secretary of Agrarian Reform who shall beassisted by an Undersecretary and supported by a staff whose composition shall bedetermined by the PARC Executive Committee and whose compensation shall bechargeable against the Agrarian Reform Fund. All officers and employees of theSecretariat shall be appointed by the Secretary of Agrarian Reform.

- Administratively located in the DAR- Headed by DAR Secretary as Director General

- Several heads of departments as members

- A full time director assists Director General in day-to-day basis

- Prepares initial drafts of frameworks of 6-yr CARP medium term plan

Which is submitted to PARC ExCom for approval

Once approved, it goes to NEDA

- Framework becomes basis of CIA for preparing for their respective medium

term plan

- Resulting indicative annual CARP plan goes to DBM which sets CARPs

baseline budget

Usually lower than that submitted by PARC Secretariat

Reduced proposed budget goes to Congress for approval

- Budget: Congress

1. Subcommittee on Agrarian Reform of the Committee on

Appropriation of House of Representatives (the lower house)

2. Committee of Appropriations itself


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3. Presented to the entire House in Primary session for approval

- Similar process in Senate

1. Committee on Agrarian Reform

2. Finance Committee (counterpart of Appropriations Committee)

3. Full Senate in Plenary Session

- When both Houses approve:

Bicameral Conference Committee deliberations (representative of

both houses)

Ratifies the compromise version

Signing into law by President

PARC Secretariat monitors the progress throughout entire process

- After approval:

PARC Secretariat issues a priority lists of activities and working

guidelines for CIAs

PARC Secretariat follows up the release of budgetary allotments ofCIAs and monitors its performances

The PARC Technical Committee (TechCom)

Assists PARC Secretariat in preparation of draft frameworks for

CARP medium term plan

Assess the performance of each CIAs

Draws members from technical staff of PARC ExCom member

agencies

The Provincial Agrarian Reform Coordinating Committee (PARCCom)

Section 44. Provin cial Agrarian Reform Coord inating Comm ittee (PARCCOM).A Provincial Agrarian Reform Coordinating Committee (PARCCOM) is hereby createdin each province, composed of a Chairman, who shall be appointed by the Presidentupon the recommendation of the EXCOM, the Provincial Agrarian Reform Officer asExecutive Officer, and one representative each from the Departments of Agriculture,and of Environment and Natural Resources and from the LBP, one representative eachfrom existing farmers' organizations, agricultural cooperatives and non-governmentalorganizations in the province; two representatives from landowners, at least one ofwhom shall be a producer representing the principal crop of the province, and tworepresentatives from farmer and farmworker-beneficiaries, at least one of whom shall bea farmer or farmworker representing the principal crop of the province, as members:

provided, that in areas where there are cultural communities, the latter shall likewisehave one representative.


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The PARCCOM shall coordinate and monitor the implementation of the CARP in theprovince.t shall provide information on the provisions of the CARP, guidelines issued bythe PARC and on the progress of the CARP in the province.

- Created under Comprehensive Agrarian Reform Law

- Multisectoral body composed of representatives of the government or non-government organizations and private sectors (landowners and farmers)

- 13 members

- Chair appointed by the President of the Philippines

- Main role: coordinate and monitor CARPs implementation in the province

level

The Baranggay Agrarian Reform Committee (BARC)

Section 46. Barangay Agrarian Reform Committee (BARC).

Unless otherwiseprovided in this Act, the provisions of Executive Order No. 229 regarding the

organization of the Barangay Agrarian Reform Committee (BARC) shall be in effect.

- Created under Comprehensive Agrarian Reform Law

- Multisectoral body composed of representatives of the government and

private sectors (landowners and farmers)

- Serves as mediator and conciliator between parties involved in agrarian

disputes

- Specific functions:

Sect ion 47. Funct ions of the BARC. In addition to those provided in ExecutiveOrder No. 229, the BARC shall have the following functions:

(a) Mediate and conciliate between parties involved in an agrarian dispute includingmatters related to tenurial and financial arrangements;

(b) Assist in the identification of qualified beneficiaries and landowners within thebarangay;

(c) Attest to the accuracy of the initial parcellary mapping of the beneficiary's tillage;

(d) Assist qualified beneficiaries in obtaining credit from lending institutions;

(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 CARPimplementation for submission to the DAR;


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(g) Coordinate the delivery of support services to beneficiaries; and

(h) Perform such other functions as may be assigned by the DAR.

(2) The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged

before it within thirty (30) days from its taking cognizance thereof.f after the lapse of thethirty day period, it is unable to settle the dispute, it shall issue a certificate of itsproceedings and shall furnish a copy thereof upon the parties within seven (7) daysafter the expiration of the thirty-day period.

Section 48. Legal Assistance. The BARC or any member thereof may, whenevernecessary in the exercise of any of its functions hereunder, seek the legal assistance ofthe DAR and the provincial, city, or municipal government.

Section 49. Rules and Regulat ions. The PARC and the DAR shall have the powerto 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 afterpublication in two (2) national newspapers of general circulation.

Chapter 11 Program Implementation

Documents

Transcript of Chapter 11 Program Implementation