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.