April 27, 2004
DAR OPINION NO. 12-04
Reynaldo D. Cardona
BARC Chairman
Brgy. Paradise III, San Jose del Monte
Bulacan
Dear Chairman Cardona;
This refers to your letter dated 05 April 2004, requesting for legal opinion on the issue of your qualification and re-election as Barangay Agrarian Reform Committee (BARC) Chairman. DIETHS
In your letter, you stated that you have been a BARC Chairman twice since 1998 to date and have dedicated yourself to help and support the farmer-beneficiaries where you have also been involved in the implementation and distribution of CLOAs; that you were elected as Brgy. Chairman on August 2002; that you received many death threats and have also experienced being abducted by one of the developers wanting you to stop supporting all farmers in your barangay; that you are still helping all the Farmer-Beneficiaries (FBs) without fear and is ready to face the challenge as BARC Chairman; that there are some developers who offered you big some of money in exchange of your service or issuance of a certification that a subject property is untenanted, which is not; that as of this time, you are still fighting for the rights of the FBs in your barangay; that inspite of your accomplishments as BARC Chairman, you cannot stop your opponents who favor the developers and who would also like to run as BARC Chairman; that these people criticize you so you could not be elected again because you are also holding the position of Barangay Chairman in your place; that majority in your place especially the affected areas and the FBs want you to stay as BARC Chairman; and that since you were elected twice and have read the responsibilities of a BARC Chairman, you know that said position is voluntary and through election by sectoral group with no salary unlike that of a Brgy. Chairman.
Pertinent to your query are the following provisions of DAR Administrative Order No. 14, series of 1990 (Revised Implementing Guidelines in the Formation, Organization and Operation of the Barangay Agrarian Reform Committee (BARC), copy of which is herewith attached:
1. Rationale (3rd paragraph)
"To this end, the government promulgated E O. 229 and affirmed its commitment to building a community-based implementing and coordinating mechanism for CARP by providing for the establishment of the Barangay Agrarian Reform Council. In line with the policy of encouraging people's initiative and self-reliance, the law provided that the BARC shall operate on a self-help basis." HDTCSI
2. III. Composition
"The composition of the BARC shall be in accordance with proportionate sectoral representation on the basis of the land-to-the-tiller principle. Hence, bigger sectors shall have bigger representation in the BARC.
The membership of the BARC shall be in accord with the basic requirements of E.O. No. 229 and shall have regular voting members and ex-officio non-voting members. Regular members shall be limited to residents of the barangay. On the other hand, the ex-officio members shall comprise representatives of government agencies and the barangay council. With the predominance of barangay residents in its membership, the regular functioning of the BARC shall be ensured " (emphasis supplied)
3. IV. Officers and Committees
"The elected electoral representatives shall elect among themselves a Chairman, a Vice Chairman, and an Assistant Secretary. All elected BARC officers shall be residents of the barangay.
The BARC (consisting of both the voting and non-voting members) shall form different committees based on need and priority activities. The BARC representatives shall likewise select the committee heads as appropriate."
4. VI. Tenure of Elected Representatives and BARC Officers
"Elected representatives shall serve a maximum of two (2) years. Any elected BARC representatives who fails to fulfill his duties and responsibilities or fails to live up to the expectations of the sector he represents may be removed before the expiration of his term by majority vote of the members of the sectoral group."
5. VII. BARC Strengthening/Reorganization
"Since most of the existing BARCS have been formed during the last two years and based on the tenure of office of the elected officers which may end this year, reorganization and strengthening of these BARCs shall be based on the recommended organizing processes stipulated in this guidelines." (emphasis supplied)
Given the foregoing, we could infer that elected BARC representatives may serve a maximum period of two (2) years wherein before or after the lapse of said period, the elected sectoral representatives may elect the chairman and other officers of the BARC pursuant to the aforequoted provisions of DAR Administrative Order No. 14, Series of 1990, particularly Items IV, VI and VII thereof. Nowhere in the provisions of said guideline does it suggest that a public elective office such as Barangay Chairmanship is a legal impediment for election or re-election as BARC Chairman provided, however, that one is a resident of the barangay and a representative of an accredited sector who is a voting member. ISHaTA
For your further information and reference, attached likewise (though not squarely related to your query) is a copy of DAR Administrative Order No. 08, series of 1994 (Rules and Procedures Governing Mediation/Conciliation of Agrarian Disputes by the Barangay Agrarian Reform Committee).
We hope to have clarified the matter and please be guided accordingly.
Very truly yours,
(SGD.) RICARDO S. ARLANZA
Undersecretary for Policy, Planning and Legal Affairs Office