Law Summary
Declaration of State Policy
- Abolish feudalism and unjust tenurial arrangements
- Implement CARP to establish owner-cultivated family-size farms and collective/cooperative farms
- Prohibit absentee land ownership
- Channel landlord capital to industrial development
- Preserve agricultural lands
- Encourage autonomous farmer and farmworker institutions
- Create viable socio-economic agricultural structures via cooperatives
- Accelerate land disposition to qualified beneficiaries
- Institutionalize farmer participation in agrarian reform
- Provide incentives and alternative employment for affected landowners
- Ensure adequate funding and financing for beneficiaries
- Implement agricultural land tax to prevent land hoarding and speculation
Mandate of the Department
- Implement CARP and related agrarian reform functions
- Acquire, value, subdivide, and develop private agricultural lands for distribution
- Administer disposals of public agricultural lands transferred by DENR
- Acquire foreclosed agricultural lands
- Undertake land consolidation, reclamation, forming, and conservation
- Facilitate landowner compensation
- Issue emancipation patents to beneficiaries
- Provide free legal services and resolve agrarian conflicts
- Develop alternative land tenure systems
- Manage land use and approve or disapprove agricultural land conversion
- Monitor and evaluate agrarian reform progress
- Assist in legal proceedings on public land reversion
- Submit progress reports to President, Congress, and public
Powers and Functions
- Advise President and Agrarian Reform Council on agrarian reform policies and regulations
- Implement agrarian laws and exercise quasi-judicial powers, including contempt powers
- Establish operational policies, rules, and priorities
- Coordinate with Land Bank of the Philippines and other supporting agencies
- Survey, acquire, distribute, develop agricultural lands
- Issue and amend emancipation patents
- Promote cooperatives and associations of agrarian reform beneficiaries
- Conduct education and promotion programs on agrarian reform
- Institutionalize participation of beneficiaries and advocates
- Approve or disapprove land conversion
- Request support from government agencies including armed forces and NGOs
- Exercise additional powers as directed by law or President
Structural Organization of DAR
- Comprises Department Proper, staff offices, bureaus, and regional/provincial/municipal agrarian reform offices
- Department Proper includes Office of the Secretary, Undersecretaries, Assistant Secretaries, Public Affairs Staff, Special Concerns Staff, Agrarian Reform Adjudication Board
- Staff bureaus: Land Acquisition and Distribution; Land Development; Agrarian Legal Assistance; Agrarian Reform Information and Education; Agrarian Reform Beneficiaries Development
- Field offices organized by region, province, and municipality
Leadership and Key Offices
- Secretary of Agrarian Reform: appointed by President, head of DAR, supervises all functions
- Four Undersecretaries appointed by President on Secretary's recommendation; functional assignment limited to mandate-related tasks
- Seven Assistant Secretaries similarly appointed and assigned
- Public Affairs Staff: responsible for information dissemination and public communication
- Special Concerns Staff: handles priority issues identified by Secretary
- Agrarian Reform Adjudication Board: adjudicates agrarian reform cases, headed by Secretary with other members appointed by President; may delegate to regional offices
Planning, Policy, Finance, and Legal Support Offices
- Planning and Project Management Office: coordinates planning, prioritizes projects, monitors implementation, liaises with foreign funding
- Policy and Strategic Research Office: manages information system, undertakes research/studies for policy formulation
- Finance, Management, and Administrative Office: manages funds, physical assets, personnel, and administrative systems
- Legal Affairs Office: reviews contracts, provides legal assistance related to agrarian reform
Key Bureaus and Their Functions
- Bureau of Land Acquisition and Distribution: manages policies and technical assistance on land acquisition, distribution, tiller-owner identification, valuation, compensation
- Bureau of Land Development: handles land surveys, classification, engineering, consolidation
- Bureau of Agrarian Legal Assistance: develops legal aid programs and para-legal services
- Bureau of Agrarian Reform Information and Education: develops training, education, and public awareness programs
- Bureau of Agrarian Reform Beneficiaries Development: develops settlement areas, promotes beneficiary organizations, ensures productivity and economic viability
Field Structure and Functions
- Regional Offices: twelve regions, headed by Regional Directors; implement policies, prepare regional plans, provide technical assistance
- Provincial Offices: replace abolished District Offices, headed by Provincial Agrarian Reform Officers; coordinate municipal offices, handle land acquisition, education, cooperatives, legal services, performance audits
- Municipal Agrarian Reform Offices: implement programs directly at municipal level; handle land acquisition, education, legal assistance, cooperative development, project identification, coordination
Attached Agency and Funding
- Creation of Foundation for Agrarian Reform Movement of the Philippines (FARM-Philippines) subject to Presidential Agrarian Reform Council approval
- FARM-Philippines to administer programs, operate livelihood projects for displaced small landowners, raise funds and contract loans
- Funding for implementation drawn from existing DAR funds
Transitory Provisions and Personnel
- Transfer of units includes functions, assets, liabilities, records, personnel who serve in hold-over capacity
- Personnel not included in new structure or not reappointed deemed separated and entitled to retirement or separation benefits
- Abolished units’ remaining funds revert to General Fund; assets allocated or disposed as required by law
- Merged or consolidated units assume functions and assets; personnel similarly continue or separated as per new staffing structure
Staffing and Position Structure
- New position structure and staffing pattern approved and prescribed by Secretary within 60 days
- Initially, officers/employees continue in hold-over capacity
- Separation benefits provided for those not included or reappointed
Performance Evaluation and Restrictions on Structural Changes
- DAR required to establish system for periodic objective performance evaluation and submit annual reports to President
- Material changes affecting third parties require notice or consent to creditors prior to implementation
- Any structural changes require prior approval of the President
Implementation and Legal Provisions
- Secretary authorized to issue rules, orders, and regulations for effective implementation
- Unconstitutional provisions severable to preserve remaining valid provisions
- Repeal or modification of inconsistent laws, rules, and orders
- Executive Order takes effect immediately upon approval