Title
EXECUTIVE ORDER NO. 129-A
Date
Jul 26, 1987
Corazon C. Aquino's Executive Order No. 129-A reorganizes and strengthens the Department of Agrarian Reform to effectively implement the Comprehensive Agrarian Reform Program, aiming to abolish feudalism, promote family-sized farms, and enhance agricultural productivity through various structural and functional reforms.
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Law Summary

Preamble

  • This Executive Order modifies Executive Order No. 129, which was initially suspended.
  • It is enacted pursuant to the Comprehensive Agrarian Reform Program (CARP) established by Presidential Proclamation No. 131 and Executive Order No. 229.
  • The aim is to strengthen the Department of Agrarian Reform (DAR) for effective implementation of agrarian reform policies.

Section 1: Title

  • Legal Principle: This Executive Order is officially referred to as the Reorganization Act of the Department of Agrarian Reform.

Section 2: Reorganization

  • Legal Principle: The structural and functional reorganization of the Department of Agrarian Reform is mandated.
  • Key Definition: "Department" refers to the reorganized Department of Agrarian Reform.

Section 3: Declaration of Policy

  • Legal Principle: The State’s policy aims to eliminate feudalism and unjust land tenure systems.
  • Key Objectives:
    • Establish owner-cultivated and cooperatively owned farms.
    • Prohibit absentee land ownership.
    • Redirect agricultural capital to industrial development.
    • Support the autonomy of farmer institutions.
    • Ensure land is utilized for productive and equitable purposes.
  • Important Requirements:
    • Institutional partnerships with farmers and farmworkers.
    • Adequate funding and investment support for agrarian reform beneficiaries.
    • Implementation of an agricultural land tax to prevent speculation.

Section 4: Mandate

  • Legal Principle: The DAR is tasked with executing the CARP.
  • Key Functions:
    • Acquire and distribute agricultural lands.
    • Administer public lands for agricultural purposes.
    • Develop alternative land tenure systems.
    • Resolve agrarian conflicts and provide legal assistance.

Section 5: Powers and Functions

  • Legal Principle: The DAR has comprehensive authority to implement agrarian reform laws.
  • Key Powers:
    • Advise the President on agrarian reform matters.
    • Issue legal processes to enforce decisions.
    • Establish rules and procedures for agrarian reform.
  • Important Procedures:
    • Decisions can be appealed but remain executory.

Section 6: Structural Organization

  • Legal Principle: The structural organization of DAR includes various offices and bureaus.
  • Key Definitions:
    • Department Proper: Includes the Secretary, Undersecretaries, and specialized offices.
    • Bureaus: Responsible for specific agrarian functions like land acquisition and legal assistance.

Section 7-12: Leadership and Staff

  • Legal Principle: The organizational hierarchy includes the Secretary, Undersecretaries, and Assistant Secretaries.
  • Key Requirements:
    • The Secretary oversees the Department's functions, appointed by the President.
    • Establishment of Public Affairs and Special Concerns Staff to communicate policies and address urgent issues.

Section 13: Agrarian Reform Adjudication Board

  • Legal Principle: A board is established for adjudicating agrarian reform cases.
  • Key Functions:
    • Comprises the Secretary and appointed members to handle agrarian disputes.

Sections 14-23: Specialized Offices and Bureaus

  • Legal Principle: Creation of specialized offices to handle planning, legal affairs, and beneficiary development.
  • Key Responsibilities:
    • Planning and Project Management Office coordinates departmental projects.
    • Legal Affairs Office manages legal support for agrarian reform.
    • Bureau of Agrarian Reform Beneficiaries Development focuses on community development.

Section 24-26: Regional, Provincial, and Municipal Offices

  • Legal Principle: Establishment of regional, provincial, and municipal offices to implement agrarian reform at local levels.
  • Key Functions:
    • Regional Offices oversee implementation across regions.
    • Provincial Offices coordinate with Municipal Offices for local execution.

Section 27: Attached Agency

  • Legal Principle: Establishment of the Foundation for the Agrarian Reform Movement of the Philippines (FARM-Philippines).
  • Key Functions:
    • Manage agrarian projects and alternative livelihood initiatives.

Section 28: Transitory Provisions

  • Legal Principle: Guidelines for the transition to the new structure and personnel management.
  • Key Requirements:
    • Personnel from abolished units must be transitioned or compensated.

Section 29: New Structure and Pattern

  • Legal Principle: A new staffing structure will be established within 60 days.
  • Key Procedures:
    • Ongoing personnel in hold-over capacity until reorganization is complete.
    • Separation benefits for those not retained.

Section 30: Periodic Performance Evaluation

  • Legal Principle: The Department must create a system for annual performance evaluation.

Section 31: Notice or Consent Requirement

  • Legal Principle: Any substantial changes affecting third-party rights must comply with notice or consent requirements.

Section 32: Prohibition Against Structural Changes

  • Legal Principle: Any changes to the reorganization require the President’s approval.

Section 33: Funding

  • Legal Principle: Funding for the provisions shall come from the Department’s available resources.

Section 34: Implementing Authority of the Secretary

  • Legal Principle: The Secretary is empowered to issue regulations for effective implementation.

Section 35: Separability

  • Legal Principle: Invalid provisions do not affect the validity of remaining provisions.

Section 36: Repealing Clause

  • Legal Principle: Inconsistent laws or regulations are repealed or modified.

Section 37: Effectivity

  • Legal Principle: The Executive Order takes effect immediately upon approval.

Key Takeaways

  • The Executive Order reorganizes the Department of Agrarian Reform to enhance the execution of the Comprehensive Agrarian Reform Program.
  • It establishes clear mandates, structures, and responsibilities within the DAR.
  • The comprehensive approach includes legal, administrative, and operational reforms aimed at achieving equitable land distribution and agricultural productivity.
  • The document provides specific guidelines for organizational changes and personnel management, ensuring continuity and compliance with existing laws.

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