DAR’s PBD lawyering refers to the legal support services provided by the Department of Agrarian Reform (DAR) under its Program Beneficiaries Development (PBD) thrust.
It is part of DAR’s PBD work, where lawyers help ensure that agrarian reform beneficiaries (ARBs) and their organizations are legally empowered to sustain the land and support services they receive.
Purpose of PBD Lawyering
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To empower ARBs and ARBOs (agrarian reform beneficiary organizations) by providing them legal support in managing and defending their rights and enterprises.
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To help farmers navigate legal processes in relation to land ownership, tenancy, contracts, and organizational management.
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To complement land distribution with legal empowerment, ensuring ARBs can sustain productivity and avoid landlessness.
Main Tasks of PBD Lawyering
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Legal Counseling and Assistance
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Provide ARBs and cooperatives with advice on contracts, land use agreements, joint ventures, and agribusiness partnerships.
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Help them understand their rights and obligations under agrarian laws.
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Contract Review and Documentation
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Drafting and reviewing legal documents such as lease contracts, marketing agreements, and cooperative by-laws.
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Ensuring ARBOs enter fair and beneficial arrangements with private investors or buyers.
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Representation in Legal Matters
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Assist ARBs in cases involving land disputes, tenancy issues, foreclosure threats, and agribusiness contract violations.
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Support ARBOs in arbitration or mediation with stakeholders (banks, LGUs, buyers, etc.).
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Capacity Building / Education
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Conduct training sessions on legal literacy for ARBs and their leaders.
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Promote awareness of agrarian reform laws (RA 6657/Comprehensive Agrarian Reform Law, etc.), cooperative law, and business law.
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Mediation and Dispute Resolution
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Provide legal support in resolving conflicts within ARBOs or between ARBOs and external parties, to avoid costly litigation.
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The legal bases for DAR’s PBD lawyering:
1. Republic Act No. 6657 (CARL of 1988, as amended by RA 9700)
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Section 2 – Declares the State policy to promote social justice through agrarian reform, which includes not only land distribution but also support services.
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Section 37 – Mandates DAR, in coordination with other agencies, to deliver support services to agrarian reform beneficiaries (ARBs) such as legal assistance, training, and institutional development.
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This provides the broad mandate for PBD lawyering as part of delivering support services.
2. Executive Order No. 229 (1987)
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Created the Program Beneficiaries Development (PBD) component of CARP, alongside Land Tenure Improvement (LTI) and Agrarian Justice Delivery (AJD).
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Specifically directed DAR to organize and strengthen ARBOs, and provide legal, technical, and institutional support so beneficiaries can sustain land ownership and productivity.
3. DAR Administrative Orders & Memoranda
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DAR AO No. 9, Series of 1998 – Issued guidelines on agribusiness ventures (Joint Venture Agreements, Contract Growing, etc.) where DAR lawyers assist ARBs in contract negotiation, review, and documentation.
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DAR AO No. 2, Series of 2009 – Strengthened support services and emphasized legal assistance for ARBs entering into partnerships.
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DAR Memorandum Circulars (various years) – Institutionalize “PBD Lawyering” as a function of DAR field lawyers to assist ARBOs in contracts, disputes, and organizational legal matters.
4. Executive Order No. 129-A (1987)
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Reorganized DAR and affirmed its mandate not only on land distribution but also in providing support services and legal assistance to beneficiaries.
5. DAR’s Program Beneficiaries Development (PBD) Framework
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Within the PBD thrust, PBD Lawyering is explicitly identified as a support mechanism to:
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Empower ARBOs legally,
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Protect ARBs from exploitative arrangements,
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Assist in dispute resolution.
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The legal bases rest on RA 6657 (CARL), EO 229, EO 129-A, and subsequent DAR Administrative Orders. These mandate DAR to provide legal support and protection as part of its Program Beneficiaries Development (PBD) to ensure that agrarian reform beneficiaries are not only awarded land but are also legally capacitated to retain and productively use it.
DAR’s PBD lawyering is about protecting and strengthening ARBs’ gains after land distribution—making sure they do not lose their land or get into unfair deals, and that they can fully participate in agribusiness and rural enterprise development.
