Section 1. Sec. 35 of Republic Act No. 6657, otherwise
known as the "Comprehensive Agrarian Reform Law of 1988", is hereby
amended to read as follows:
"Sec. 35. Creation of Support Services Office. —
There is hereby created the Office of Support Services under the DAR to
be headed by an Undersecretary.
"The Office shall provide general support and coordinative services in
the implementation of the program, particularly in carrying out the
provisions of the following services to farmer beneficiaries and
affected landowners:
"1) Irrigation facilities, especially second crop or
dry season irrigation facilities;
"2) Infrastructure development and public works
projects in areas and settlements that come under agrarian reform, and
for this purpose, the preparation of the physical development plan of
such settlements providing suitable barangay sites, potable water and
power resources, irrigation systems, seeds and seedling banks, post
harvest facilities, and other facilities for a sound agricultural
development plan. For the purpose of providing the aforecited
infrastructure and facilities, the DAR is authorized to enter into
contracts with interested private parties on long term basis or through
joint-venture agreements or build-operate-transfer scheme;
"3) Government subsidies for the use of irrigation
facilities;
"4) Price support and guarantee for all agricultural
produce;
"5) Extending to small landowners, farmers and
farmers' organizations the necessary credit, like concessional and
collateral-free loans, for agro-industrialization based on social
collaterals like the guarantees of farmers' organizations;
"6) Promoting, developing and extending financial
assistance to small and medium-scale industries in agrarian reform
areas;
"7) Assigning sufficient numbers of agricultural
extension workers to farmers' organizations;
"8) Undertake research, development and dissemination
of information on agrarian reform, plants and crops best suited for
cultivation and marketing, and low-cost and ecologically sound farm
inputs and technologies to minimize reliance on expensive and imported
agricultural inputs;
"9) Development of cooperative management skills
through intensive training;
"10) Assistance in the identification of ready
markets for agricultural produce and training in the other various
aspects of marketing;
"11) Conduct an effective information dissemination
system through the Department of Agriculture to promote marketing and
minimize spoilage of agricultural produce and products;
"12) Create a credit guarantee fund for agricultural
landowners that will enhance the collateral value of agricultural lands
that are affected or will be affected by coverage under the agrarian
reform program; and
"13) Administration, operation, management and
funding of support services programs and projects including pilot
projects and models related to agrarian reform as developed by the DAR."
Sec. 2. Sec. 36 of the same law is hereby
amended to read as follows:
"Sec. 36. Funding for Support Services. — In order to
cover the expenses and cost of support services, at least twenty-five
percent (25%) of all appropriations for agrarian reform shall be
immediately set aside and made available for this purpose: provided,
that for the next five (5) years, a minimum of one (1) Agrarian Reform
Community (ARC) shall be established by the DAR, in coordination with
the local government units, non-governmental organizations and people
organizations in each legislative district with a predominant
agricultural population: provided, further, that the areas in which the
ARCs are to be established shall have been fully subjected under this
law.
"For this purpose, an Agrarian Reform Community shall be defined as a
barangay or a cluster of barangays primarily composed and managed by
Agrarian Reform Beneficiaries who shall be willing to be organized and
undertake the integrated development of an area and/or their
organizations/cooperative. In each community, the DAR, together
with the agencies and organizations abovementioned, shall identify the
farmers association, cooperative or their respective federation
approved by the farmers-beneficiaries that shall take the lead in the
agricultural development of the area. In addition, the DAR shall
be authorized to package proposals and receive grants, aid and other
forms of financial assistance from any source."
Sec. 3. Sec. 44 of the same law is hereby
amended as follows:
"Sec. 44. Provincial Agrarian Reform Coordinating
Committee (PARCCOM). — 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 Reform Officer as Executive Officer, and
one (1) representative each from the Departments of Agriculture, and of
Environment and Natural Resources and from the LBP; one (1)
representative each from existing farmers' organizations, agricultural
cooperatives and non-governmental organizations in the province; two
(2) representatives from landowners, at least one (1) of whom shall be
a producer representing the principal crop of the province, and two (2)
representatives from farmer and farmworker or beneficiaries, at least
one (1) of whom shall be a farmer or farmworker representing the
principal crop of the province, as members: provided, that in areas
where there are cultural communities, the latter shall likewise have
one (1) representative.
"The PARCCOM shall coordinate and monitor the implementation of the
CARP in the province. It shall provide information on the
provisions of the CARP, guidelines issued by the PARC and on the
progress of the CARP, in the province; in addition, it shall:
"a) Recommend to the PARC the following:
"1) Market prices to be used in the determination of
the profit sharing obligation of agricultural entities in the province;
"2) Adoption of the direct payment scheme between the
landowner and the farmer and/or farmworker beneficiary: provided, that
the amount and terms of payment are not more burdensome to the agrarian
reform beneficiary than under the compulsory coverage provision of the
CARL: provided, further, that the agrarian reform beneficiary agrees to
the amount and terms of payment: provided, furthermore, that the DAR
shall act as mediator in cases of disagreement between the landowner
and the farmer and/or farmworker beneficiary; Provided, finally, that
the farmer and/or farmer beneficiary shall be eligible to borrow from
the LBP an amount equal to eighty-five percent (85%) of the selling
price of the land that they have acquired;
"3) Continuous processing of applications for lease
back arrangements, joint-venture agreements and other schemes that will
optimize the operating size for agricultural production and also
promote both security of tenure and security of income to farmer
beneficiaries: provided, that lease back arrangements should be the
last resort."
Sec. 4. Sec. 45 of the same law is hereby
amended to read as follows:
"Sec. 45. Province-by-province Implementation. — The
PARC shall provide the guidelines for the province-by-province
implementation of the CARP, taking into account the peculiarities and
needs of each place, kind of crops needed or suited, land distribution
workload, beneficiaries development activities and other factors
prevalent or obtaining in the area. In all cases, the
implementing agencies at the provincial level shall promote the
development of identified ARCs without neglecting the needs and
problems of other beneficiaries. The ten-year program of
distribution of public and private land in each province shall be
adjusted from year to year by the province's PARCCOM in accordance with
the level of operations previously established by the PARC, in every
case ensuring that support services are available or have been
programmed before actual distribution is effected."
Sec. 5. This Act shall take effect upon its
approval.
Approved: February 23, 1995
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