December 13, 1996
DAR OPINION NO. 115-96
ARPO MARCELINO R. DUKA
DAR Provincial Office
Balogo, Sorsogon
Sorsogon
Dear ARPO Duka:
This has reference to your follow-up letter, inquiring on PARC's action/decision on PARCCOM's Resolution No. 05-S-95 requesting the PARC Secretariat to consider the Provincial BARC Federation President as regular member of the PARCCOM and be granted with monthly honorarium.
The whereas clauses of the said Resolution states: that, Executive Order No. 229 and Republic Act No. 6657 has mandated of the Department Agrarian Reform to organize Barangay Agrarian Reform Committee (BARC) to serve as coordinating mechanism for CARP implementation in all barangays and vested the Committee with CAR-related functions and operates self-help basis; that in order that the BARC will be no, no, stronger and forceful, they federated themselves from Municipal to Provincial BARC Federation; that in recognizing the noble efforts of the BARC in the CARP implementation, the PARCCOM deemed it necessary to include the Provincial BARC Federation President as regular member to represent the BARC in the committee and be involved in all PARCCOM's CARP related activities; that the PARCCOM of Sorsogon in its intention to fully serve the CARP beneficiaries in the whole province, has actively involved the Provincial BARC Federation President in PARCCOM's undertaking since 1992.
Sec. 44, of R.A. 6657 enumerates the composition of every PARCCOM Administrative Order No. 07, series of 1994 (copy attached) which serves as the Implementing Guidelines of the said provision of the law, also enumerates the composition of each PARCCOM. Noticeable is the fact, that from both provisions, the composition of each PARCCOM is exclusive, and being such, we cannot increase nor decrease said membership by merely approving a resolution or ordinance to that effect. In this regard, we would like to inform you that we acknowledged your noble request that the Provincial BARC Federation President be consider as regular member of PARCCOM, however, we would like also to inform you that it is a settled rule that a resolution or ordinance cannot amend a statute, which is an act of the legislative, for the simple reason that only statute can amend a statute. Viewed from the foregoing, we have no other recourse but to answer your request in the negative.
Please be guided accordingly.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA