November 5, 1999

DAR OPINION NO. 65-99

Dir. Salvador G. Garvanzos

PARC Secretariat

This Department

Dear Director Garvanzos:

This has reference to the letter of Mr. George P. Mercado dated 25 May 1999 with the following queries, to wit:

1)        Can a natural-born Filipino citizen who had renounced his Filipino citizenship and instead acquired American citizenship by naturalization qualify as a member of the Provincial Agrarian Reform Committee (PARCCOM) and/or the Screening Committee of Agrarian Reform Beneficiaries (ARBs)?

2)        If that naturalized American citizen can so qualify, who is authorized or empowered to appoint him to either or both committees?

3)        If he cannot qualify, will his selection or election to either or both Committees by the landowners in the province make any material difference. Is the Provincial Agrarian Reform Officer of a province obligated to accept the election/selection by the landowners of the province of that Naturalized American citizen for membership to either or both committees?

Before we proceed with the merits of the query, let us discuss first the composition of the PARCCOM and basic qualifications of its members as provided for in PARC Executive Committee Administrative Order No. 1, Series of 1997. Items Nos. V and IX of said guideline provide, quote:

"V.       COMPOSITION:

The PARCCOM shall be composed of thirteen (13) members as follows:

A.        Chairperson

1.         To be appointed by the President of the Philippines upon recommendation of the PARC Excom.

B.         Ex-Officio Members:

2.         Provincial Agrarian Reform Officer (PARO) who acts as Executive Officer of the PARCCOM and Chairperson of its implementing arm: the PCIT

3.         Provincial Agriculture Officer (PAO)/Provincial Agriculturist (PA) to represent the Department of Agriculture (DA)

4.         Provincial Environment and Natural Resources Officer (PENRO) to represent the Department of Environment and Natural Resources (DENR)

5.         Land Bank of the Philippines (LBP) representative to be designated by the LBP Regional Officer

C.        Elected Member-Private Sector Representatives (PSRs)

6.         Farmers' Organization Representative

7.         Agricultural Cooperatives' Representative

8.         Non-Government Organizations' Representative

9.         Landowners' (Principal Crop) Representative

10.       Landowners' (Other Crop/s) Representative

11.       Farmers/Farmworkers' (Other Crop) Representative

12.       Farmers/Farmworkers' (Other Crop/s) Representative

13.       Cultural Community Representative, If any (duly certified as having been duly nominated by the concerned cultural communities, and by either the ONCC, OSCC or OMA)"

xxx                      xxx                      xxx

"IX.      SELECTION PROCESS

xxx                      xxx                      xxx

D.        BASIC QUALIFICATIONS

1.         REPRESENTATIVE FROM ORGANIZED SECTOR

To qualify for nomination and election as PARCCOM member, a person must meet the following qualifications:

a)         Farmers' Organization Agricultural/Agrarian Reform Cooperatives and NGOs

1)         Be a bonafide resident of the province for at least 6 months immediately preceding the day of election

2)         Be a bonafide member of an association/organization/cooperative as certified by the organization/cooperative/NGO

3)         Be at least 18 years of age at the time of election;

4)         Be of good moral character

5)         Be of sound mind

6)         Have not been convicted by final judgment of an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment.

b)         Indigenous Cultural Communities

1)         Possess the above listed basic qualifications except #2, and

2)         A bonafide member of an Indigenous Cultural Community as certified by the Office of Northern Cultural Communities (ONCC), Office of the Southern Cultural Communities (OSCC), Office of Muslim Affairs (OMA) as the case may be.

2)         REPRESENTATIVE FROM THE NON-ORGANIZED SECTOR

To qualify for nomination and election as PARCOM member, a person must meet the following qualifications:

a.         landowner

1)         Possess the above listed basic qualification except #2, and

2)         Be a registered owner of agricultural land in the province.

b.         Farmer/Farmworker Beneficiaries

"1)        Possess the basic qualifications enumerated above, except #2, and

2)         Must be cultivating a piece of agricultural land and/or employed in an agricultural enterprise or farm in the province as certified by the BARC or the Barangay Chairman."

Anent your first and second queries, the basic qualifications of PARCCOM members were enumerated in the above-mentioned PARC Executive Committee Administrative Order. On the surface, it appears that a natural-born Filipino citizen who had renounced his Philippine citizenship and became an American citizen may still be qualified as a member of the PARCCOM for as long as he possesses all the basic qualifications enumerated therein.

But involved herein is a more fundamental issue. To become a PARCCOM member or a member in the Screening Committee of Agrarian Reform Beneficiaries contemplates occupancy of a public office or, at least, calls for the discharge of a public function, a prerogative that is exclusively reserved for Filipino citizens. Our answer, then, is in the negative.

Your last query, for the foregoing reasons, has to be treated similarly. That one has been nominated to represent a particular sectoral group is inconsequential. Involved herein are public offices or functions.

This opinion modifies or supersedes previous policy statements inconsistent herewith.

Please be guided accordingly.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Hon. Conrado S. Navarro

Undersecretary, FOSSO

This Department

Mr. George P. Mercado

Quitain Law Office

171 FI Iñigo Street

8000 Davao City