Policy, purpose, and emergency rationale
- Presidential Decree No. 1426 orders monthly emergency incentive allowances to maintain maximum efficiency and speed in implementing the agrarian reform program.
- The decree addresses continuing legal problems that require continuous and dedicated service of agrarian reform lawyers.
- Presidential Decree No. 1426 recognizes the need to remedy low lawyer salaries that cause departures from the Bureau of Agrarian Legal Assistance and DAR regional and field offices, leaving lawyer positions unfilled.
- The decree aims to attract new lawyer applicants while augmenting low salaries to prevent the speedy termination of agrarian cases from being adversely affected.
Coverage: who receives incentives
- Section 1 covers all lawyers in the Bureau of Agrarian Legal Assistance (BALA) and the regional and field offices of the Department of Agrarian Reform (DAR) holding regular positions.
- Section 2 covers regular and support personnel of BALA assigned in the Central Office (Bureau Proper), and also covers other DAR lawyers performing supportive legal services.
- Section 3 covers BALA lawyers whose positions are embraced in the Career Executive Service (CES).
- The allowances are payable through the incentive allowance plan stated in Presidential Decree No. 1426.
Incentive allowance rates by position group
- Section 1 provides monthly incentive allowances in the following groupings (amounts shown are in pesos):
- Group A: P 200 (1st Step), P 100 (2nd Step), P 100 (2nd Step).
- Group B: P 250 (1st Step), P 150 (2nd Step), P 150 (2nd Step).
- Group C: P 300 (1st Step), P 175 (2nd Step), P 175 (2nd Step).
- Group D: P 350 (1st Step), P 200 (2nd Step), P 200 (2nd Step).
- Group E: P 1,000 (for Assistant Director); P 1,500 (for Director).
- Group A includes Trial Attorney II, Legal Officer III, Research Attorney I, and Research Attorney II.
- Group B includes Legal Officer IV and Senior Research Attorney.
- Group C includes Trial Attorney III and Senior Legal Officer.
- Group D includes Chief Legal Officer, Trial Attorney IV, and Chief Research Attorney.
- Group E includes Assistant Director (monthly incentive allowance P 1,000) and Director (monthly incentive allowance P 1,500).
Central office BALA and supportive legal services
- Section 2 provides that regular and support personnel of BALA assigned in the Central Office (Bureau Proper) receive monthly emergency incentive allowance at fifty percent (50%) of the corresponding monthly rate in Group A.
- Section 2 provides that, for cases of other DAR lawyers performing supportive legal services, they receive fifty percent (50%) of the incentive allowances corresponding to the groupings where their CCPC salary range or CESO rank belongs.
- Section 2 sets the governing percentage reduction at 50% for both categories it covers.
Relationship with CES allowances
- Section 3 requires that BALA lawyers whose positions are embraced in the Career Executive Service (CES) continue to enjoy whatever allowances they are entitled to receive under CES.
- Section 3 further requires that the CES allowances are enjoyed simultaneously with the allowances granted under Presidential Decree No. 1426.
Implementation rules and responsible office
- Section 4 directs the Secretary of Agrarian Reform to promulgate rules and regulations for implementation of Presidential Decree No. 1426.
- Section 4 requires that the Secretary act through the recommendation of the BALA Director.
Funding and appropriation
- Section 5 appropriates from the National Treasury the sum of THREE MILLION SEVEN HUNDRED TWENTY-ONE AND TWO HUNDRED PESOS (P3,721.200.00) to carry out the decree.
- For the current calendar year, the amount necessary for the payment of the first step of the incentive allowance plan must be taken from the salary savings of the Department of Agrarian Reform.
- Thereafter, the sum needed to fully implement the incentive allowance plan must be included in the Annual General Appropriations Act.
Repeal of inconsistent issuances
- Section 6 repeals, amends, or modifies all laws, decrees, executive orders, rules, and regulations, or parts thereof, that are inconsistent with Presidential Decree No. 1426.