EXECUTIVE ORDER NO. 129-A
EXECUTIVE ORDER NO. 129-A -
MODIFYING EXECUTIVE ORDER NO. 129 REORGANIZING AND STRENGTHENING THE
DEPARTMENT OF AGRARIAN REFORM AND FOR OTHER PURPOSES
WHEREAS,
Executive Order No. 129 dated January 30, 1987 was suspended;
WHEREAS, Presidential Proclamation No. 131 and Executive Order No. 229,
both dated July 22, 1987 instituted a Comprehensive Agrarian Reform
Program (CARP) and provided the mechanisms for its implementation;
WHEREAS, Executive Order No. 229 vests on the Department of Agrarian
Reform quasi-judicial powers to determine and adjudicate agrarian
reform matters;
WHEREAS, there is a need to strengthen and expand the functions of the
Department of Agrarian Reform to be more effective in implementing the
Comprehensive Agrarian Reform Program;
WHEREAS, under Article XVIII, Sec. 6, of the 1987 Constitution, the
President shall continue to exercise legislative powers until the First
Congress convenes;
NOW, THEREFORE, I, CORAZON C. AQUINO, PRESIDENT OF THE PHILIPPINES, by
virtue of the powers vested in me by the Constitution, do hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of the Department of
Agrarian Reform.
Sec. 2. Reorganization. — The Department of
Agrarian Reform is hereby reorganized structurally and functionally,
hereinafter referred to as the Department, in accordance with the
provisions of this Executive Order.
Sec. 3. Declaration of Policy. — It is the
declared policy of the State of completely abolish all remnants of
feudalism and all other types of unjust tenurial arrangements,
implement the comprehensive agrarian reform program, increase the
productivity of the direct producers, and strengthen the agricultural
base for increased industrialization.
Pursuant to this policy, the State shall:
a)
Establish owner-cultivated economic, family-size farms and
collectively-owned/cooperatively-cultivated farms as the foundation of
Philippine agriculture;
b) Prohibit
absentee land ownership;
c) Rechannel
and divert landlord capital in agriculture to industrial development;
d) Assist in
the preservation and conservation of prime lands for agricultural
purposes;
e) Encourage
the establishment and protect the autonomy and independence of
institutions of farmers and farmworkers that will safeguard their
interests and ensure their dignified existence, free from pernicious
restraints and practices;
f) Create just
and viable socio-economic structures in agriculture conducive to
greater productivity and higher incomes through the cooperative system
of production, processing, marketing, distribution, and credit
services;
g) Accelerate
the disposition of public alienable, disposable, and cultivable land to
actual cultivators and other qualified beneficiaries and develop
agrarian communities for full utilization of land for human growth and
development;
h)
Institutionalize partnerships between government and organizations of
farmers and farmworkers in agrarian reform policy formulation, program
implementation, and evaluation;
i) Provide
specific investment opportunities, alternative employment, and other
incentives for landowners affected by agrarian reform;
j) Ensure
adequate funding support for the agrarian reform program as well as
timely, affordable, and appropriate financing schemes to its
beneficiaries;
k) Implement
an agricultural land tax scheme that will prevent land hoarding and/or
speculation.
Sec. 4. Mandate. — The Department shall be
responsible for implementing the Comprehensive Agrarian Reform Program
and, for such purpose, it is authorized to:
a)
Acquire, determine the value of, subdivide into family-size farms or
organize into collective of cooperative farms and develop private
agricultural lands for distribution to qualified tillers, actual
occupants, and displaced urban poor;
b) Administer
and dispose all cultivable portions of the public domain declared as
alienable and disposable for agricultural purposes transferred to it by
the Department of Environment and Natural Resources;
c) Acquire, by
purchase or grant, real estate properties suited for agriculture that
have been foreclosed by the national government;
d) Undertake
land consolidation, land reclamation, land forming, and conservation in
areas subject to agrarian reform;
e) Facilitate
the compensation of landowners covered by agrarian reform;
f) Issue
emancipation patents to farmers and farmworkers who have been given
lands under the agrarian reform program as may be provided for by law;
g) Provide
free legal services to agrarian reform beneficiaries and resolve
agrarian conflicts and land tenure problems;
h) Develop and
implement alternative land tenure systems such as cooperative farming
and agro-industrial estates, among others;
i) Undertake
land use management and land development studies and projects in
agrarian reform areas;
* k) Approve
or disapprove the conversion, restructuring or readjustment of
agricultural lands into non-agricultural uses;
l) Monitor and
evaluate the progress of agrarian reform implementation;
m) Assist the
Office of the Solicitor General in providing evidence for the reversion
proceedings to be filed with respect to lands of the public domain,
occupied by private individuals and their tenants or farmworkers which
are subject to land reform, and real rights connected therewith which
have been acquired in violation of the Constitution or the public land
laws or through corrupt practices;
n) Submit
progress reports to the Office of the President, to Congress, and to
the people at the end of each year and at all times make available to
the general public information on the current status of its programs.
Sec. 5. Powers and Functions. — Pursuant to the
mandate the Department, and in order to ensure the successful
implementation of the Comprehensive Agrarian Reform Program, the
department is hereby authorized to:
a)
Advise the President and the Presidential Agrarian Reform Council on
the promulgation of executive/administrative orders, other regulative
issuances and legislative proposals designed to strengthen agrarian
reform and protect the interests of the beneficiaries thereof;
b) Implement
all agrarian laws, and for this purpose, punish for contempt and issue
subpoena, subpoena duces tecum, writs of execution of its decisions,
and other legal processes to ensure successful and expeditious program
implementation; the decisions of the Department may in proper cases, be
appealed to the Regional Trial Courts but shall be immediately
executory notwithstanding such appeal;
c) Establish
and promulgate operational policies, rules and regulations and
priorities for agrarian reform implementation;
d) Coordinate
program implementation with the Land Bank of the Philippines and other
relevant civilian and military government agencies mandated to support
the agrarian reform program;
e) Acquire,
administer, distribute, and develop agricultural lands for agrarian
reform purposes;
f) Undertake
surveys of lands covered by agrarian reform;
g) Issue
emancipation patents to farmers and farmworkers covered by agrarian
reform for both private and public lands and when necessary make
administrative corrections of the same;
h) Provide
free legal services to agrarian reform beneficiaries and resolve
agrarian conflicts and land-tenure related problems as may be provided
for by law;
i) Promote the
organization and development of cooperatives and other associations of
agrarian reform beneficiaries;
j) Conduct
continuing education and promotion programs on agrarian reform for
beneficiaries, land-owners, government personnel, and the general
public;
k)
Institutionalize the participation of farmers, farmworkers, other
beneficiaries, and agrarian reform advocates in agrarian reform policy
formulation, program implementation, and evaluation;
l) Have
exclusive authority to approve or disapprove conversion of agricultural
lands for residential, commercial, industrial, and other land uses as
may be provided for by law;
m) Call upon
any government agency, including the Armed Forces of the Philippines,
and non-governmental organizations (NGOs) to extend full support and
cooperation to program implementation;
n) Exercise
such other powers and functions as may be provided for by law or
directed by the President, to promote efficiency and effectiveness in
the delivery of public services.
Sec. 6. Structural Organization. — The Department
shall consist of the Department Proper, the staff offices, the staff
bureaus and the regional/provincial/municipal agrarian reform offices.
The Department Proper shall consist of the following:
a)
Office of the Secretary;
b) Offices of
the Undersecretaries;
c) Offices of
the Assistant Secretaries;
d) Public
Affairs Staff;
e) Special
Concerns Staff;
f) Agrarian
Reform Adjudication Board.
The staff sectoral bureaus, on the other hand, shall be composed of:
a)
Bureau of Land Acquisition and Distribution;
b) Bureau of
Land Development;
c) Bureau of
Agrarian Legal Assistance;
d) Bureau of
Agrarian Reform Information and Education;
e) Bureau of
Agrarian Reform Beneficiaries Development.
The field offices shall consist of the Department regional offices, the
provincial offices and the municipal agrarian reform office.
Sec. 7. Secretary of Agrarian Reform. — The
authority and responsibility for the exercise of the mandate of the
Department and the discharge of its powers and functions shall be
vested in the Secretary of Agrarian Reform, hereinafter referred to as
Secretary, who shall have supervision and control over the Department
and shall be appointed by the President.
Sec. 8. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary, his immediate staff, the
Public Affairs Staff and the Special Concerns Staff.
Sec. 9. Undersecretary. — The Secretary shall be
assisted by four (4) Undersecretaries who shall be appointed by the
President upon the recommendation of the Secretary. The Secretary is
hereby authorized to delineate, assign and/or reassign the respective
functional areas of responsibility of the Undersecretaries, provided,
That such responsibility shall be with respect to the mandate and
objectives of the Department; and provided, Further, that no
Undersecretary shall be assigned primarily administrative
responsibilities.
Sec. 10. Assistant Secretary. — The Secretary and
the Undersecretaries shall also be assisted by seven (7) Assistant
Secretaries, who shall be appointed by the President upon the
recommendation of the Secretary. The Secretary is hereby authorized to
delineate, assign and/or reassign the respective functional areas of
responsibility of the Assistant Secretaries, provided, That such
responsibility shall be with respect to the mandate and objectives of
the Department.
Sec. 11. Public Affairs Staff . — There is hereby
created a Public Affairs Staff, under the office of the Secretary, to
be headed by a Director and assisted by an Assistant Director, which
shall serve as the public information arm of the Department. It shall
be responsible for disseminating information and agrarian reform
policies, plans, programs and projects; and respond to public queries
related to the implementation of the agrarian reform program.
Sec. 12. Special Concerns Staff . — There is
hereby created a Special Concerns Staff under the Office of the
Secretary, to be headed by a Director and assisted by an Assistant
Director, which shall be responsible for handling priority
areas/subjects identified by the Secretary that necessitate special and
immediate attention.
Sec. 13. Agrarian Reform Adjudication Board. —
There is hereby created an Agrarian Reform Adjudication Board under the
Office of the Secretary. The Board shall be composed of the Secretary
as Chairman, two (2) Undersecretaries as may be designated by the
Secretary, the Assistant Secretary for Legal Affairs, and three (3)
others to be appointed by the President upon the recommendation of the
Secretary as members. A Secretariat shall be constituted to support the
Board. The Board shall assume the powers and functions with respect to
the adjudication of agrarian reform cases under Executive Order No. 229
and this Executive Order. These powers and functions may be delegated
to the regional offices of the Department in accordance with rules and
regulations to be promulgated by the Board.
Sec. 14. Planning and Project Management Office. —
There is hereby created a Planning and Project Management Office within
the Department Proper which shall be responsible for coordinating and
initiating the development, integration and prioritization of plans,
programs and projects of the Department; monitoring and evaluating
agrarian reform program implementation; establishing linkages with
foreign funding institutions; and coordinating the activities of the
different Offices, Bureaus and Attached Agencies of the
Department.
Sec. 15. Policy and Strategic Research Office. —
There is hereby created a Policy and Strategic Research Office within
the Department Proper which shall be responsible for establishing and
implementing a computerized management information system as well as
for coordinating and/or initiating research and studies for planning
and policy formulation purposes.
Sec. 16. Finance, Management and Administrative
Office. — There is hereby created a Finance, Management and
Administrative Office within the Department Proper which shall be
responsible for the proper and timely allocation of funds to support
approved programs, projects and activities; the appropriate management
control and accounting of funds; the management of the Department’s
physical assets; and the provision of services to ensure effective and
efficient personnel management and manpower career development, and for
the establishment of management systems and procedures.
Sec. 17. Field Operations Office. — There are
hereby created Field Operations Offices for Luzon, Visayas and Mindanao
within the Department Proper which shall monitor and assess the
implementation of the Department’s policies, plans and programs at the
regional, provincial and municipal levels.
Sec. 18. Legal Affairs Office. — There is hereby
created a Legal Affairs Office within the Department Proper which shall
be responsible for the review of contracts and other legal matters, the
rendition of legal assistance to Department personnel and those who
will be affected by the agrarian reform program.
Sec. 19. Bureau of Land Acquisition and
Distribution. — There is hereby created the Bureau of Land Acquisition
and Distribution which shall absorb the relevant functions of the
Bureaus of Land Acquisition, Distribution and Development, and of Land
Tenure Improvement. The Bureau of Land Acquisition and Distribution, to
be headed by a Director and assisted by an Assistant Director, shall be
responsible for the development of policies, plans, programs, standard
operating procedures, and for providing technical assistance, relative
to the acquisition and distribution of private agricultural lands
covered by the agrarian reform program, including land tiller-landowner
identification, land valuation, and landowners compensation, transfer
of ownership to actual tillers, leasehold arrangements, stewardship,
and land transfer actions.
Sec. 20. Bureau of Land Development. — There is
hereby created the Bureau of Land Development which shall absorb the
relevant functions of the Bureau of Land Acquisition, Distribution and
Development. The Bureau of Land Development, to be headed by a Director
and assisted by an Assistant Director, shall responsible for the
development of policies, plans and programs, and for providing
technical assistance, relative to land surveys, land use, capability
and classification, engineering services, and land consolidation.
Sec. 21. Bureau of Agrarian Legal Assistance. —
The Bureau of Agrarian Legal Assistance shall be strengthened and shall
be responsible for developing guidelines, plans and programs for legal
assistance including developing, maintaining and coordinating
para-legal services for those who will be affected by the Comprehensive
Agrarian Reform Program. It shall be headed by a Director and assisted
by an Assistant Director.
Sec. 22. Bureau of Agrarian Reform Information and
Education. — There is hereby created the Bureau of Agrarian Reform
Information and Education which shall absorb the functions of the
Agrarian Reform Education Service which is abolished by this Executive
Order. The Bureau of Agrarian Reform Information and Education, to be
headed by a Director and assisted by an Assistant Director, shall be
responsible for developing and conducting continuing training and
education programs for the acquisition of knowledge, value formation,
and development of skills and favorable attitudes among beneficiaries
and personnel of the Department and other agencies, and the increase of
awareness, participation and acceptance of agrarian reform by the
public through the dissemination of information and communication
materials.
Sec. 23. Bureau of Agrarian Reform Beneficiaries
Development. — There is hereby created the Bureau of Agrarian
Reform Beneficiaries Development which shall absorb the relevant
functions of the Bureau of Resettlement. The Bureau of Agrarian Reform
Beneficiaries Development, to be headed by a Director and assisted by
an Assistant Director, shall be responsible for the development of
policies, plans and programs, and for providing technical assistance,
relative to the development of settlement areas into viable agrarian
communities. It shall also be responsible for promoting the
organization of agrarian reform beneficiaries, liaison with farmer and
farm workers organizations to ensure the raising or farm incomes, the
promotion of all forms of farm cooperation, the achievement of a
dignified existence and the creation of a viable economic structure
conducive to greater productivity and higher farm income.
Sec. 24. Regional Offices The Department shall have twelve (12)
Regional Offices. — Each Regional Office shall be headed by a Regional
Director who shall be assisted by an Assistant Regional Director for
operations and an Assistant Regional Director for Administration.
The Regional Offices shall be responsible for the implementation of
laws, policies, plans, programs, projects, rules and regulations of the
Department in its administrative region. For such purpose, it shall
have the following functions:
a)
Prepare and submit plans and programs for the region on:
1)
Land acquisition and distribution;
2) Information
and education;
3) Land use
management and land development;
4) Agrarian
reform beneficiaries development;
b)
Provide technical assistance to Provincial Offices and Municipal
Agrarian Reform Offices in the implementation of approved plans and
programs;
c) Conduct
operations research and evaluation of agrarian reform implementation
within the region;
d) Coordinate
with other government and private agencies and farmer and farm workers
organizations at the regional level, to carry out the programs/projects
for the general welfare of agrarian reform beneficiaries;
e) Maintain an
information system in coordination with the established monitoring
systems;
f) Review and
evaluate reports and other documents submitted by the Provincial
Offices and Municipal Agrarian Reform Offices and agrarian reform
clientele;
g) Submit
periodic feedback as may be necessary in the service of the
Department’s clientele.
Sec. 25. Provincial Offices. — The Agrarian Reform
District Offices are hereby abolished and in their stead the Department
shall create Provincial Agrarian Reform Offices as may be necessary in
promoting efficiency and effectiveness in the delivery of its services.
Each Provincial Agrarian Reform Office shall be headed by a Provincial
Agrarian Reform Officer.
The Provincial Agrarian Reform Offices shall be responsible for
directing and coordinating the operations and activities of the
Municipal Agrarian Reform Offices operating within the province and has
the following functions:
a)
Set priorities, specific targets, schedules, and deadlines for the
execution of approved plans, programs, and projects on:
1)
Land acquisition, distribution, transfer of land ownership to actual
tillers, including land-tiller-landowner identification, tenurial
security, leasehold arrangements, land surveys, land valuation and
landowner’s compensation as may be provided for by law;
2) Continuing
information and education programs on agrarian reform;
3) Encouraging
the organizational development of agrarian reform beneficiaries
cooperatives and other associations and institutionalizing
farmer-government partnership in agrarian reform policy formulation,
program implementation, and evaluation;
4) Landowners’
compensation and rechanneling landowner capital to industrial
development;
5) Development
and implementation of alternative land tenure systems such as
cooperative farming, cooperative cultivatorship schemes, and
agro-industrial estates, among others;
6) Land use
management;
7) Compact
farming, integrated farming system, sloping agricultural land
technology, and other land conservation measures in agrarian reform
areas, in coordination with farmer and farm workers organizations;
8) Provision
of legal services to those affected by agrarian reform and resolution
of agrarian conflicts and land tenure problems;
b)
Provide administrative services to the Municipal Agrarian Reform
Offices within the province;
c) Provide
legal services to agrarian reform beneficiaries in cases arising from
or connected with agrarian reform disputes, handling of expropriation
proceedings, registering cooperatives and reviewing and acting on all
matters initially investigated and elevated by Municipal Agrarian
Reform Office;
d) Provide
technical assistance to Municipal Agrarian Reform Offices in the
implementation of approved plans and programs;
e) Coordinate
with governmental, private agencies, and farmer and farm worker
organizations at the provincial level, to carry out programs;
f) Conduct
periodic performance audit survey in collaboration with the regional
office and monitor agrarian reform program accomplishments, including
operational problems and constraints, and recommend appropriate
remedial measures for effective program implementation;
g) Perform
such other functions as may be necessary in the service of the
Department’s clientele;
Sec. 26. Municipal Agrarian Reform Offices. — The
Department shall have as many Municipal Agrarian Reform Offices as may
be necessary in promoting efficiency and effectiveness in the delivery
of its services, which shall be headed by a Municipal Agrarian Reform
Officer.
The Municipal Agrarian Reform Office shall be responsible for directly
implementing agrarian reform programs and delivering expected results
at the municipal level. For such purpose, it shall have the following
functions:
a)
Implement policies and programs on land acquisition and distribution
and transfer of landowners to actual tillers, including identification
of farms, landowners, and beneficiaries, leasehold arrangements, land
valuation, landowner’s compensation and transfer actions as determined
in accordance with law;
b) Undertake
continuing information and education programs on agrarian reform among
the beneficiaries thereof;
c) Encourage
and promote the organization and development of agrarian reform
beneficiaries and assist in the registration of organized cooperatives;
d)
Institutionalize beneficiaries’ participation in agrarian reform policy
formulation and program implementation;
e)
Organize/establish compact farms, land consolidation, integrated farm
system, sloping agricultural land technology and other
cooperative-cultivatorship schemes;
f) Provide
assistance in agrarian reform research;
g) Provide
assistance to various legal services, including legal information and
legal counselling, documentation and preliminary processing of
applications for patents and applications to purchase lots, preliminary
investigation of conflicting claims of lot boundaries and appraisal of
properties, and mediation of different problems arising from
implementation of the agrarian reform program; execution and
registration of lease contracts, initial investigation of
administrative cases, and other legal services;
h) Provide
assistance on project identification, formulation, and development that
would uplift the socio-economic status of the beneficiaries including
projects that would channel landlord capital to industrial development;
i) Cooperative
with other government and private agencies and farmer and farm worker
organizations within the area of coverage for effective program/project
implementation;
j) Submit
periodic reports on program/projects accomplishments including
identified problems and recommended solutions thereto;
k) Implement
projects supportive of national priority programs which the Department
is committed to assist;
l) Perform
such other functions as may be assigned from time to time, to promote
efficiency and effectiveness in the delivery of public services.
Sec. 27. Attached Agency. —
a)
The Department shall, subject to the approval of the Presidential
Agrarian Reform Council, create the Foundation for the Agrarian Reform
Movement of the Philippines (FARM-Philippines) to administer, operate,
and manage programs and projects developed by the Department and
initiate alternative livelihood projects for displaced small
landowners. It shall be attached to the office of the Secretary and
shall be governed by a Board of Trustees. The Foundation will be
authorized to raise funds and to contract foreign and domestic loans
for its projects.
Sec. 28. Transitory Provisions. — In accomplishing
the acts of reorganization herein prescribed, the following transitory
provisions shall be complied with, unless otherwise provided elsewhere
in this Executive Order:
a)
The transfer of a government unit shall include the functions,
appropriations, funds, records, equipment, facilities, chosen in
action, rights, other assets, and liabilities, if any, of the
transferred unit as well as the personnel thereof, as may be necessary,
who shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits. Those personnel from the transferred unit whose
positions are not included in the Department’s new position structure
and staffing pattern approved and prescribed by the Secretary or who
are not reappointed shall be deemed separated from the service and
shall be entitled to the benefits provided in the second paragraph of
Sec. 29 hereof.
b) The
transfer of functions which results in the abolition of the government
unit that exercised them shall include the appropriations, funds,
records, equipment, facilities, chosen in action, rights, other assets
and personnel as may be necessary to the proper discharge of the
transferred functions. The abolished unit’s remaining appropriations
and funds, if any, shall revert to the General Fund and its remaining
assets, if any, shall be allocated to such appropriate units as the
Secretary shall determine or shall otherwise be disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and
regulations. Its liabilities, if any, shall likewise be treated in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations. Its personnel shall, in a hold-over capacity,
continue to perform their duties and responsibilities and receive their
corresponding salaries and benefits. Its personnel whose positions are
not included in the Department’s structure and staffing pattern
approved and prescribed by the Secretary under Sec. 29 hereof or who
are not reappointed, shall be deemed separated from the service and
shall be entitled to the benefits provided in the second paragraph of
the same Sec. 29.
c) Any
transfer of functions which does not result in the abolition of the
government unit that has exercised them shall include the
appropriations, funds, records, equipment, facilities, chosen in
action, rights, and assets and personnel as may be necessary to the
proper discharge of the transferred functions. The liabilities, if any,
that may have been incurred in connection with the discharge of the
transferred functions, shall be treated in accordance with the
Government Auditing Code and other pertinent laws, rules and
regulations. Such personnel shall, in a hold-over capacity, continue to
perform their duties and responsibilities and receive their
corresponding salaries and benefits unless in the meantime they are
separated from the service. Any personnel, whose positions are not
included in the Department’s new position structure and staffing
pattern approved and prescribed by the Secretary under Sec. 29
hereof or who are not reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided in the second
paragraph of the same Sec. 29.
d) In case of
the abolition of a government unit which does not result in the
transfer of its functions to another unit, the appropriations and funds
of the abolished entity shall revert to the General Fund, while the
records, equipment, facilities, chosen in action, rights, and other
assets thereof shall be allocated to such appropriate entities as the
Secretary shall determine or shall otherwise be disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and
regulations, The liabilities of the abolished units shall be treated in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations, while the personnel thereof, whose position, is
not included in the Department’s new position structure and staffing
pattern approved and prescribed by the Secretary under Sec. 29
hereof or who has not reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided in the second
paragraph of the same Sec. 29.
e) In case of
merger or consolidation of government units, the new or surviving unit
shall exercise the functions (subject to the reorganization herein
prescribed and the laws, rules and regulations pertinent to the
exercise of such functions) and shall acquire the appropriations,
funds, records, equipment, facilities, chosen in action, rights, other
assets, liabilities, if any, and personnel, as may be necessary, of the
units that compose the merged unit shall in a hold-over capacity,
continue to perform their respective duties and responsibilities and
receive their corresponding salaries and benefits unless in the
meantime they are separated from the service. Any such personnel, whose
positions are not included in the Department’s new position structure
and staffing pattern approved and prescribed by the Secretary under
Sec. 29 hereof or who are not reappointed, shall be deemed separated
from the service and shall be entitled to the benefits provided in the
second paragraph of the same Sec. 29.
f) In case of
termination of a function which does not result in the abolition of the
government unit which performed such function, the appropriations and
funds intended to finance the discharge of such function shall revert
to the General Fund while the records, equipment, facilities, chosen in
action, rights and other assets used in connection with the discharge
of such function shall be allocated to the appropriate units as the
Department shall determine or shall otherwise be disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and
regulations, The liabilities, if any, that may have been incurred in
connection with the discharge of such function shall likewise be
treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations. The personnel who have performed
such function, whose positions are not included in the Department’s new
position structure and staffing pattern approved and prescribed by the
Secretary under Sec. 29 hereof or who have not been reappointed,
shall be deemed separated from the service and shall be entitled to the
benefits provided in the second paragraph of the same Sec. 29 hereof.
Sec. 29. New, Structure and Pattern. — Upon
approval of this Executive Order, the officers and employees of the
Department shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
government service.
The new position structure and staffing pattern of the Department shall
be approved and prescribed by the Secretary within sixty (60) days from
the effectivity of this Executive Order and the authorized positions
created thereunder shall be filled with regular appointments by him or
by the President as the case may be. Those incumbents whose positions
are not included therein or who are not reappointed shall be deemed
separated from the service. Those separated from the service shall
receive the retirement benefits to which they be entitled under
existing laws, rules and regulations. Otherwise, they shall be paid the
equivalent of one (1) month basic salary for every year of service in
the government, or a fraction thereof, computed on the basis of the
highest salary received, but in no case shall such payment exceed the
equivalent of twelve (12) months salary.
Sec. 30. Periodic Performance Evaluation. — The
Department of Agrarian Reform is hereby required to formulate and
enforce a system of measuring and evaluating periodically and
objectively the performance of the Department and submit the same
annually to the President.
Sec. 31. Notice or Consent Requirement. — If any
reorganizational change herein authorized is of such substance or
materiality as to prejudice third persons with rights recognized by law
or contract such that notice to or consent of creditors is required to
be made or obtained pursuant to any agreement entered into with any of
such creditors, such notice or consent requirement shall be complied
with prior to the implementation of such reorganizational change.
Sec. 32. Prohibition Against Structural Changes. —
No change in the reorganization herein prescribed shall be valid except
upon prior approval of the President for the purpose of promoting
efficiency and effectiveness in the delivery of public services.
Sec. 33. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Department.
Sec. 34. Implementing Authority of the Secretary.
— The Secretary shall issue orders, rules and regulations and other
issuances as may be necessary to ensure the effective implementation of
the provisions of this Executive Order.
Sec. 35. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall not
have the effect of nullifying other portions or provisions hereof as
long as such remaining portions or provisions can still subsist and be
given effect in their entirety.
Sec. 36. Repealing Clause. — All laws, ordinances,
rules and regulations and other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 37. Effectivity. — This Executive Order shall
take effect immediately.
APPROVED in the City of Manila,
Philippines, this 26th day of July, in the Year of Our Lord, Nineteen
Hundred and Eighty-Seven.
* Copied verbatim from documents obtained directly
from the Malacañang Records (missing letter “j” on Sec. 4).
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