July 7, 2003
DAR MEMORANDUM CIRCULAR NO. 10-03
SUBJECT : Guidelines and procedures governing the delisting of Agrarian Reform
Communities (ARCs), ARC Barangays and Organizations
I. BACKGROUND and RATIONALE
In 1999, Memorandum Circular No. 14 was issued to guide DAR field offices in the selection and launching of ARCs. The launching of ARCs should be confirmed by the National Agrarian Reform Community Task Force (NARCTF) to be officially included in the masterlist of ARCS and organizations. Aside from selection and launching of ARCs said circular provided the procedure in the delisting of ARCS and barangays under "Other Related Concern". However, the said circular did not specify provision regarding the delisting of ARC organizations.
Aside from updating the masterlist of ARCS and organizations, the level of development of these ARCs and organizations are monitored and assessed. Field Offices are required to submit quarterly progress report using ARC forms-1-11 and periodic assessment on the level of development using the ARC Level of Development Assessment (ALDA) tool.
Since the implementation of the management monitoring system, configuration of ARC data, particularly on the barangays covered and DAR assisted-organizations are unduly changing. There were cases when ARCs, ARC barangays and organizations were reported as delisted without prior clearance or confirmation from the NARCTF as provided for under MC. 14, series of 1999. In the light of coming up with a clear-cut policy for delisting, the NARCTF find the need to enhance MC 14, series of 1999, thus this guideline is hereby issued.
1. To define the criteria in the delisting of ARCs, ARC barangays and organizations
2. To provide the procedures and considerations in the delisting of ARCs, ARC barangays and organizations.
III. DEFINITION OF TERMS
1. Agrarian Reform Community (ARC) — composed of clusters of land reformed barangays in a municipality where farmers and farmworkers are awaiting the full implementation of agrarian reform.
2. ARC barangay — a barangay situated within the designated geographical boundary of an agrarian reform community.
3. ARC organization — Peoples organization located in the ARC either formally or informally organized, which has propelled its organizational growth through the assistance of the DAR and/or other CARP implementing agencies, and program partners.
4. ARC Task Force — a structural mechanism established at the DAR Provincial, Regional and Central Offices to provide over-all directions in the implementation of the ARC Development Program.
IV. BASIC POLICIES
1. The approval for the delisting of ARCs, ARC barangays and organizations shall be lodged/centralized to the NARCTF in accordance with the rules and procedures set forth in this Memorandum Circular.
2. The delisting of an ARC, ARC barangay/s and organization/s shall only be allowed under extraordinary circumstances, i.e., when ARC development can no longer prosper due to change in land use, land conversion, substantial reduction of CARP scope or coverage and other external factors. Further, an organization can be delisted if it operates within a delisted ARC or ARC barangay(s) and operations not extending other ARC/ARC barangays.
3. In no case shall delisting of ARCs, ARC barangays and organizations be allowed for reasons of difficulty in mobility/accessibility, inadequate personnel complement and low LTI/PBD accomplishment.
4. Organizations with outstanding account or commitment with the DAR and other CARP implementing agencies should not be delisted.
5. To justify delisting of ARCS, ARC barangays and organizations, a thorough evaluation, to include field verifications/investigations, consultations with People Organizations (POs), Local Government Units (LGUs) and Barangay Agrarian Reform Committee (BARC) officials and other stakeholders should be conducted. Supporting documents such as PO resolutions, certifications from concerned agencies, field investigation reports and LGU, PARCCOM, PARCTF endorsements should be submitted to the NARCTF for deliberation and approval.
6. Any deviation from these policy guidelines should be adequately justified by the concerned ARC Task Force and must go through proper channels.
V. CRITERIA ON THE DELISTING OF ARCs, ARC BARANGAYS AND ORGANIZATIONS
1. ARCs or ARC barangays can be delisted when ARC Development Plans can no longer be implemented as envisioned due to any of the following reasons:
a) Change in land use
a.1) Urbanization, where at least:
a.1.1 The entirety of all cities and municipalities have a population density of 1,000 persons per square kilometer;
a.1.2 Poblaciones or central districts of municipalities and cities have a population density of 500 persons per square kilometer;
a.1.3 Poblaciones or central districts, regardless of the population size, have the following:
a Street pattern, i.e., network of streets in either parallel or right-angle orientation;
b. At least six establishments (commercial, manufacturing, recreational and/or personal services), and;
c. At least three of the following:
1. A town hall, church or chapel with religious services at least once a month;
2. A public plaza, park or cemetery;
3. A market place or building where trading activities are carried on at least once a week;
4. A public building like school, hospital, puericulture and health center or library.
a.1.4. Barangays having at least 1,000 inhabitants, which meet the conditions set forth as above, and where the occupation of the inhabitants is predominantly non-farming or non-fishing.
a.2) Land Conversion, where at least 50% of the total agricultural land of the ARCs/barangays is already classified/converted for purposes other than agricultural development;
b) Substantial reduction of CARP scope or coverage due to landholdings subsequently declared as deductibles. However, barangays that will affect the contiguity of ARCs and adversely affect the potential of ARCs (e.g. source of water) may not be delisted.
2. ARC organizations can be delisted when:
a) These are already dissolved by the Cooperative Development Authority (CDA)/Securities and Exchange Commission (SEC)/Bureau of Rural Workers (BRW)-Department of Labor and Employment or any concerned registering agency;
b) These are merged with another organization and;
c) Majority of its members are non-farmers.
VI. DELISTING PROCEDURE
1. MARO Level
1.1 The MARO shall prepare and submit an investigation report to the Provincial ARC Task Force (PARCTF) recommending the delisting of a specific ARC, ARC barangay or organization. The report must contain the following:
A. Delisting of ARC/ARC 1. General information on the ARC/
barangay due to change of ARC barangay/s
land use/land conversion 2. Field investigation report/justification of
delisting supported with evidence
4. Supporting documents
a. LGU, Barangay, BARC &
requesting for the delisting of
such ARC, ARC barangay
b. ARC, ARC barangay profile
c. Certification from the LGU on
the change of land use, land
classification or land
d. Other relevant documents that
could support the approval of
B. Delisting of ARC/ARC 1. General information on the ARC/
barangay due to substantial ARC barangay/s
reduction of CARP scope or 2. Field investigation report/justification
CARP coverage of delisting supported with evidence
4. Supporting documents
a. LGU, Barangay, BARC &
requesting for the delisting
of such ARC, ARC
b. ARC, ARC barangay
profile as applicable
c. Certification from
on the reason for the
reduction of CARP scope
d. Other relevant documents
that could support the
approval of the proposal
C. Delisting of organization in 1. General information on the ARC/
the ARC ARC barangay/s
2. Field investigation report/justification
of delisting supported with evidence
4. Supporting documents
a. PO resolution requesting for the
delisting of such organization in
b. Certification from
concerned registering agency
confirming that said organization
c. Certification from the receiving
organization of the merging;
d. Certification from the BARC
identifying the names of ARBs
who are members of the
organization proposed for
e. Document/s to show dual
f. Organizational profile(s) as
g. Other relevant documents that
could support the approval of
2. PARO Level
2.1 Upon receipt of the endorsement from the MARO the PARCTF, through its Secretariat (Beneficiaries Development Coordinating Division), shall verify the validity of the proposed delisting based on the policies and criteria stated thereto.
2.2 The PARCTF shall invite/include the MARO concerned, PARCCOM and LGU or PO/NGO Representatives in the deliberation for the delisting of ARCs, ARC barangays and organizations.
2.3 The names/list of ARCs, ARC barangays and organizations including the documents specified and the minutes of PARCTF meeting(s) and resolutions shall be submitted to the Regional ARC Task Force (RARCTF) for further deliberation.
2.4 The MARO concerned shall be officially informed of the results of the PARCTF meeting within five (5) working days.
3. DARRO Level
3.1 Upon receipt of the PARCTF endorsement, the RARCTF through its Secretariat (Support Services Division), shall initially review the documents and conduct field validation, if necessary, to determine the feasibility of the proposal.
3.2 The RARCTF shall convene to deliberate on the ARCs, ARC barangays and organizations proposed for delisting. Upon thorough deliberation, the Task Force can outrightly disapprove proposal that does not meet the conditions and requirements set for delisting. The concerned PARO(s), PARCCOM, LGU and PO/NGO Representatives may be invited to the meeting.
3.3 The RARCTF shall submit the names/list of recommended ARCs, ARC barangays and organizations for delisting including the required documents and minutes of RARCTF meeting(s) and resolutions to the National ARC Task Force (NARCTF) for approval. Only ARCs, ARC barangays and organizations duly recommended for approval of its delisting should be forwarded to the NARCTF.
3.4 The RARCTF shall officially inform the respective PARCTF of the deliberation results by providing them the minutes of the RARCTF meeting(s) and/or resolution(s). Subsequently, the RARCTF shall inform the concerned PARO, PARCCOM, LGU and PO/NGO of the NARCTF deliberation results.
4. DARCO Level
4.1 Upon receipt of the names/list of recommended ARCs, ARC barangays and organizations for delisting, and the pertinent documents, the NARCTF Secretariat (Office of the Undersecretary for Support Services) and members of the NARCTF-Technical Working Group (TWG) shall review and evaluate the said documents to determine the validity/gravity of the request for such delisting and submit its recommendations to the NARCTF.
Secretariat (Office of the Undersecretary for Support Services) and members of the NARCTF-Technical Working Group (TWG) shall review and evaluate the said documents to determine the validity/gravity of the request for such delisting and submit its recommendations to the NARCTF.
4.2 If found to be in order and justifiable, the NARCTF shall approve the delisting of the ARC, ARC barangay and organization which shall likewise cancel the ARC or organization's identification number, and officially delete it from the National Masterlist of ARCs, ARC barangays and organizations.
4.3 The NARCTF shall officially inform the respective RARCTFs of the approval/non-approval of the delisting proposals.
This Memorandum Circular amends Provision Numbers 2 and 3 on Delisting under Section V (Other Related Concerns) of MC 14, series of 1999 and shall take effect immediately.
Diliman, Quezon City, July 7, 2003.
(SGD.) ROBERTO M. PAGDANGANAN