QuestionsQuestions (EXECUTIVE ORDER NO. 129-A)
It modified Executive Order No. 129 by reorganizing and strengthening the Department of Agrarian Reform (DAR), particularly because Executive Order No. 129 had been suspended.
They instituted the Comprehensive Agrarian Reform Program (CARP) and provided the mechanisms for implementation; Executive Order No. 229 also vested quasi-judicial powers on the DAR to determine and adjudicate agrarian reform matters—functions that EO 129-A further strengthens and structures.
To completely abolish remnants of feudalism and unjust tenurial arrangements; implement CARP; increase productivity of direct producers; and strengthen the agricultural base for industrialization.
Examples include: establishing owner-cultivated/economic family-size farms and collective/cooperative farms; prohibiting absentee land ownership; rechanneling and diverting landlord capital to industrial development; accelerating disposition of public land to actual cultivators; and implementing an agricultural land tax scheme to prevent hoarding/speculation.
It is responsible for implementing CARP and is authorized to acquire and distribute lands, administer and dispose cultivable public domain transferred to it, facilitate landowner compensation, issue emancipation patents, provide legal services, resolve agrarian conflicts, and perform related land use management and monitoring functions.
It may acquire, determine value of, subdivide into family-size farms or organize into collective/cooperative farms for distribution; undertake land consolidation/reclamation/conservation; facilitate compensation; and issue emancipation patents as provided by law.
It means that in proper cases, even if DAR decisions are appealed to the Regional Trial Courts, they must still be implemented right away (subject to the rules on appeal), reflecting the intent for expeditious agrarian reform implementation.
It created an Agrarian Reform Adjudication Board under the Office of the Secretary, which assumes powers and functions regarding adjudication of agrarian reform cases under EO 229 and EO 129-A.
The Board is chaired by the Secretary, includes two Undersecretaries designated by the Secretary, the Assistant Secretary for Legal Affairs, and three other members appointed by the President upon the Secretary’s recommendation; a Secretariat supports the Board.
Department Proper (including the Office of the Secretary, Under/Assistant Secretaries, staff offices, and the Adjudication Board), staff bureaus, and regional/provincial/municipal agrarian reform offices.
It has 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.
It handles policies/plans/SOPs and technical assistance for acquisition and distribution of private agricultural lands under agrarian reform, including land tiller-landowner identification, land valuation, landowner compensation, transfer of ownership to actual tillers, leasehold arrangements, stewardship, and land transfer actions.
It provides policies/plans/technical assistance for land surveys, land use capability/classification, engineering services, and land consolidation.
To develop guidelines/plans/programs for legal assistance and to develop/maintain/coordinate para-legal services for those affected by CARP.
Transferred functions include personnel in hold-over capacity; those whose positions are not included in the new staffing pattern or are not reappointed are deemed separated and receive benefits under Section 29—either retirement benefits or a separation pay equivalent capped at 12 months salary.
If the change is substantial/material and prejudices third persons with rights recognized by law or contract such that notice or creditor consent is required under existing agreements, such notice/consent must be complied with before implementation.
It takes effect immediately (Section 37) and authorizes the Secretary to issue orders, rules, regulations, and other issuances necessary for effective implementation (Section 34).