April 24, 1997
DAR OPINION NO. 45-97
Mr. Ricardo M. Ribo
Rm. 206 Reza Building
1318 Quezon Avenue, Quezon City
Telefax: 927-9877
Dear Mr. Ribo:
This has reference to your request for opinion whether the DAR may require accreditation of a Non-Government Organization (NGO) before it can assist the DAR in its programs as embodied under DAR Administrative Order No. 11, Series of 1989.
Your query stems from the fact and declaration that your client Center for Alternative Development, Inc. (CADI) has organized a community of farmers and farmworkers based at Malbog, Ajuy, Iloilo for the purpose of assisting them in the acquisition of the agricultural lands they were tilling. In a meeting between CADI and the DAR representatives, it was however asserted by the latter that CADI shall be accredited first before it can assist the farmers. On the other hand, you contend that to require an NGO to submit to an accreditation would be inconsistent with the primary purpose of an NGO, which is to exist and function as an independent organization, thus such requirement would only subject the same to bureaucratic red tape and would not serve any noble purpose. Hence, your query.
We agree with your contention that in general no accreditation is required before an NGO can assist the DAR in its programs as embodied under DAR Administrative Order No. 11, Series of 1989, otherwise known as the "Rules and Regulations Governing the Accreditation of Non-Government Organizations (NGOs) Participating in DAR Programs". Said guideline was issued to guarantee the participation and involvement of non-government organizations in agrarian and agricultural development pursuant to Section 16 of Article XIII of the Constitution which provides that the right of the people and their organizations to effective and reasonable participation at all levels of political, social, and economic decision-making shall be respected. Accreditation is necessary only in instances where an NGO will apply for funding with the DAR. In fine, to require accreditation at a condition precedent will run counter to the very existence, independence and basic principle of NGOs.
Thank you for communicating with us.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning