December 13, 1996
DAR OPINION NO. 135-96
Col. Gregorio P. Unde, PA (Res)
Chairman, PARCCOM Lanao del Norte
Provincial Agrarian Reform Office
Tubod Highway, 9200
Iligan City
Dear Col. Unde:
This has reference to your letter addressed to the Executive Officer, Presidential Agrarian Reform Council, requesting for the issuance of additional seven (7) I.D. Cards to increase the membership of PARCCOM, Lanao del Norte from thirteen (13) to twenty (20) members.
You state that the PARCCOM of Lanao del Norte is perhaps a unique PARCCOM in the sense that its jurisdiction covers not only the province of Lanao del Norte but also the chartered City of Iligan and the Islamic City of Marawi which are independent political subdivisions, separate and distinct from each other; that the Islamic City of Marawi although situated in the province of Lanao del Sur and that province has its own PARCCOM but do not have jurisdiction over that City is not included in the Autonomous Region of Muslim Mindanao (ARMM) and perhaps this is the reason why this city is included in the responsibility of PARCCOM Lanao del Norte; that in the past, the membership set-up of PARCCOM Lanao del Norte, the LBP, DA and DENR of Iligan City and Marawi is not represented although such agencies are mandated by law to have representatives in the PARCCOM, hence, to the disadvantage of the two cities and its people; that the function of DA and its personnel in the province and city were already devolved to the local government units thus to have representative to PARCCOM from DA Regional Office is not a true representative of agriculture in the province nor in the city; that due to the above situation, PARCCOM of Lanao del Norte had approved that LBP and DENR of Lanao del Norte, Iligan City and Marawi City be represented in this PARCCOM, and that the City Agriculturist of Lanao del Norte be the representative of agriculture.
The composition of every Provincial Agrarian Reform Coordinating Committee (PARCCOM) has been setforth in Sec. 44 of R.A. 6657. The said section provides "A Provincial Agrarian Reform Coordinating Committee is hereby created in each province, composed of a chairman, who shall be appointed by the President upon the recommendation of the EXCOM, the Provincial Agrarian Reforms Officer and one representative each from the Department of Agriculture, and of Environment and Natural Resources and from the Land Bank of the Philippines; one representative from each existing farmers organization, agricultural cooperatives and non-governmental organizations in the province, two representatives from landowners; at least one of whom shall be a producer representative of the principal crop of the province, and two representatives from farmer and farm worker beneficiaries, at least one of whom shall be a farmer or farmworker representing the principal crop of the province, as members:
Provided, that areas where there are cultural communities the latter shall likewise have one representative. "From the above quoted provisions, noticeable is the fact that membership in the PARCCOM is exclusively provided by law, we have no other alternative but to apply the same. It is a settled rule that a law can only be amended by another law. In this regard, we have no other course but to deny your request.
As regards your allegations that your PARCCOM lacks the necessary personnel needed in order to fully implement the CARP, DAR Administrative Order No. 07, Series of 1994 provides for the following:
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II. E The PARCCOM, through the PCIT shall serve as a forum for resolving operational problems and issues. It shall actively work for collective operational strategies among agencies and sector in the province.
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IV. A.I. The PARCCOM shall serve as a forum for policy formulation and inter-agency work programming in accordance with the guidelines set by the PARC. It shall submit an annual inter-agency work and budget proposal for consideration and approval by the PARC.
XIII. B. The PARCCOM shall provide overall direction in inter-agency coordination and work programming at the provincial level.
The abovequoted provisions simply suggest that a close coordination among the agencies concerned could resolve the issues. We therefore advise you to take the necessary measure in order to thresh out the said problem within your level without violating the provisions of the law.
We hope to have clarified the matters with you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
Dir. Jose T. Domingo
PARC Secretariat