EXECUTIVE ORDER NO. 482
EXECUTIVE ORDER NO. 482 - DEVOLVING
TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION FOR
MUSLIM MINDANAO THE POWERS AND FUNCTIONS OF THE DEPARTMENT OF AGRARIAN
REFORM AND THE CONTROL AND SUPERVISION OVER ITS OFFICES WITHIN THE
REGION
WHEREAS,
Executive Order No. 229, series of 1987 and Proclamation No. 131 dated
July 1987 provides for the institution of a comprehensive agrarian
reform program which would be in pursuance of what was envisioned in
Presidential Decree No. 27 that entailed the emancipation of tenants
from the bondage with the soil;
WHEREAS, the Department of Agrarian Reform is mandated by law to be the
principal agency responsible for implementing the Comprehensive
Agrarian Reform Program (CARP), as provided for in Articles XII, XIII
and XVIII of the 1987 Constitution;
WHEREAS, the Oversight Committee created under Republic Act No. 6734
(RA 6734) otherwise known as the Organic Act for the Autonomous Region
in Muslim Mindanao recommends that the control and supervision of the
offices of the Department of Agrarian Reform be placed under the
Autonomous Regional Government;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. Transfer of Powers and Functions. — All
powers and functions of the Department of Agrarian Reform under Sec. 5 of Executive Order No. 129-A and as enumerated hereunder are hereby
transferred to the Autonomous Regional Government (ARG) in the
implementation of the CARP in the four (4) provinces covered by the
ARMM:
a.
Advise the President and the Presidential Agrarian Reform Council
(PARC) on the promulgation of executive and administrative orders,
other regulative issuances and legislative proposals designed to
strengthen agrarian reform and protect the interest of the
beneficiaries thereof;
b. Establish
and promulgate operational policies, rules and regulations and
priorities for agrarian reform implementation;
c. Coordinate
program implementation with the Land Bank of the Philippines (LBP) and
other relevant civilian and military government agencies mandated to
support the agrarian reform program;
d. Acquire,
administer, distribute, and develop agricultural lands for agrarian
reform purposes;
e. Undertake
surveys of lands covered by agrarian reform;
f. 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; Provide free legal service to
agrarian reform beneficiaries and resolved agrarian conflicts and land
tenure related problems as may be provided for by law;
h. Promote the
organization and development of cooperatives and other associations of
agrarian reform beneficiaries;
i. Conduct
continuing education and promotion programs on agrarian reform for
beneficiaries, landowners, government personnel, and the general public;
j.
Institutionalize the participation of farmers, farmworkers, other
beneficiaries, and agrarian reform advocates in agrarian reform policy
formulation, program implementation and evaluation;
k. 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;
l. Call upon
any government agency, including the Armed Forces of the Philippines
(AFP), and non-government organizations to extend full support and
cooperation to program implementation; and
m. 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. 2. Functions Retained. — The adjudicatory
functions of the Department of Agrarian Reform (DAR) shall be retained
by the Department until a Regional Agrarian Reform Law (RARL) has been
enacted by the Regional Assembly.
Sec. 3. Programs and Projects. — All programs and
projects of the Department of Agrarian Reform (DAR) being implemented
within the Autonomous Region in Muslim Mindanao (ARMM) are hereby
transferred to the Autonomous Regional Government (ARG) and these shall
include Land Tenure Improvement; Program Beneficiaries Development; and
delivery of support services.
The management of the Special Projects Areas and the projects
administered by the Special Projects Office shall be turned over to the
Autonomous Regional Government (ARG).
Sec. 4. Personnel. — (1) All plantilla positions,
filled or unfilled, assigned to the affected provincial DAR offices
shall be transferred to the Autonomous Regional Government (ARG).
(2) All personnel holding these plantilla positions
who are absorbed by the Autonomous Regional Government (ARG) shall
retain their seniority rights, compensation and other benefits.
(3) For those affected provincial and municipal
personnel who may opt for retention with the DAR, the Department may
accommodate them depending on available plantilla positions in other
DAR offices. Personnel who cannot be accommodated and those who refuse
to transfer or be absorbed by the Autonomous Regional Government (ARG)
have three (3) options outlined by the Civil Service Commission:
a.
Retirement, if eligible;
b. Seek transfer to other offices; or
c. Stay with the Autonomous Regional Government.
Sec. 5. Assets, Properties and Equipment. — All
assets, properties and equipment of the Department in the Autonomous
Region shall be turned over to the Autonomous Regional Government
(ARG). The turnover and complete inventory of such properties shall be
done by the Provincial Agrarian Reform Offices, subject, however, to
government accounting and auditing regulations.
Sec. 6. Budget. — The budgetary allocation or
balance thereof for the four (4) provinces within the ARMM for CY 1991
as of the date of transfer shall be turned over to the Autonomous
Regional Government (ARG).
Furthermore, the budget and funding of the Special Project Areas and
the Special Projects Office shall be transferred to the Autonomous
Regional Government (ARG).
Sec. 7. Date of Transfer. — The Departments of
Agrarian Reform shall effect full transfer of all its functions and
assets after six (6) months from the effectivity of this Executive
Order or immediately upon the enactment of the Regional Agrarian Reform
Law (RARL), whichever comes earlier.
During the six (6) months wherein the transfer shall be effected, there
shall be the creation of a DAR-ARG Transition Committee which shall
oversee the transfer and define the areas of cooperation and
collaboration and the inventory and documentation of assets and
manpower resources to the Autonomous Regional Government (ARG), subject
to the Commission on Audit (COA) and the Civil Service Commission (CSC)
regulations.
The DAR-ARG Transition Committee shall oversee the implementation of
the Comprehensive Agrarian Reform Program (CARP). The Department shall,
however, retain the final authority and responsibility over its offices
during the transition period. The personnel who may be assigned by the
Autonomous Regional Government (ARG) shall essentially take understudy
roles, to be eventually, involved in the administration and operations
of the DAR offices. The Autonomous Regional Government (ARG) shall
assume full responsibility for the CARP implementation after the
transition period.
Sec. 8. Separability Clause. — If, for any reason,
any part or provision of this Executive Order shall held
unconstitutional or invalid, any part or provision hereof which are not
affected thereby shall continue to be in full force and effect.
Sec. 9. Effectivity. — This Executive Order shall
take effect fifteen (15) days following its publication in a national
newspaper of general circulation and one (1) local newspaper of general
circulation in the ARMM.
DONE, in the City of Manila,
this 24th day of September, in the year of Our Lord, nineteen hundred
and ninety-one.
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Since 19.07.98.