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Executive Orders

Creating the Commission on the Settlement of Land Problems

Executive Order No. 561

EXECUTIVE ORDER NO. 561 September 21, 1979

CREATING THE COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS

WHEREAS, land problems are frequently a source of conflicts among small settlers, landowners and members of cultural minorities;

WHEREAS, these problems, if not properly and immediately attended to, will breed social unrest which will hamper the implementation of government programs designed to ameliorate the living conditions of people involved in these problems;

WHEREAS, as a means of providing a mechanism for the expeditious settlement of these problems, a more effective administrative body should be established; and

WHEREAS, under Presidential Decree No. 1416, the President is given continuing authority to reorganize the National Government.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, and pursuant to the authority vested in me by Presidential Decree No. 1416, do hereby order:

Sec. 1. Creation. there is hereby created a Commission on the Settlement of Land Problems, hereafter referred to as the Commission,...

Summary of Executive Order No. 561

Creation of the Commission on the Settlement of Land Problems
- A Commission on the Settlement of Land Problems is created under the Office of the President. (Sec. 1)
- The Commission shall be composed of one Commissioner and two Associate Commissioners appointed by the President. (Sec. 2)
- The Commissioner shall receive a salary equivalent to an Associate Justice of the Court of Appeals, and the Associate Commissioners shall receive a salary equivalent to a Judge of the Court of First Instance. (Sec. 2)

Powers and Functions of the Commission
- Coordinate activities and streamline procedures of government agencies involved in settling land problems or disputes, particularly for small settlers, landholders, and cultural minorities. (Sec. 3.1)
- Refer and follow up on land problems or disputes with the appropriate agency for immediate action. (Sec. 3.2)
- Assume jurisdiction and resolve critical and explosive land problems or disputes involving: (Sec. 3.2)
    a) Occupants/squatters and pasture lease agreement holders or timber concessioners
    b) Occupants/squatters and government reservation grantees
    c) Occupants/squatters and public land claimants or applicants
    d) Petitions for classification, release, and/or subdivision of public lands
    e) Other similar urgent and significant land problems
- The Commission's resolution, order, or decision on the above cases shall have the force and effect of a regular administrative decision, binding on parties and the agency with jurisdiction, and shall become final and executory within 30 days, appealable only to the Supreme Court by certiorari. (Sec. 3.2)
- Recommend measures to the President to resolve cases involving erroneous or illegal titling of public lands and implementation of decisions/resolutions of agencies with jurisdiction over land problems or disputes. (Sec. 3.3)
- Evolve and implement a system for speedy investigation and resolution of land disputes or problems at the provincial level. (Sec. 3.4)
- Undertake a comprehensive study on the causes of land disputes, particularly squatter problems, and recommend policies and courses of action to prevent or minimize their occurrence. (Sec. 3.5)
- Study and review present land laws and policies in relation to the need for land of the agro-industrial sector and small farmers, and recommend new laws, policies, and priorities in granting public lands. (Sec. 3.6)
- Maintain a systematic and permanent management of records pertaining to land disputes or problems. (Sec. 3.7)
- Perform other functions assigned by the President. (Sec. 3.8)
- The Commission is authorized to issue subpoenas and call upon any government agency for assistance. (Sec. 3)

Organizational Support and Provincial Offices
- The Commission shall have a technical staff headed by an Executive Director and a Deputy Executive Director, with personnel necessary for effective performance of its powers and functions. (Sec. 4)
- The Executive Director and Deputy Executive Director shall be appointed by the President, and other personnel shall be appointed by the Commissioner. (Sec. 4)
- The Commission may establish provincial offices to exercise delegated powers and functions when conditions in a province warrant it. (Sec. 5)

Abolition and Transfer of Functions
- The Presidential Action Committee on Land Problems is abolished, and its functions, appropriations, records, property, equipment, and necessary personnel are transferred to the Commission. (Sec. 6)

Appropriations
- Appropriations transferred from the abolished Presidential Action Committee on Land Problems, plus an amount sufficient for the Commission's operation for the current and immediately succeeding calendar years, are authorized to be appropriated from the National Treasury. (Sec. 7)
- Thereafter, the necessary amount for the Commission's operation shall be included in the annual general appropriations law. (Sec. 7)

Repeal, Separability Clause, and Effectivity
- All laws, acts, decrees, proclamations, and administrative regulations inconsistent with this Executive Order are repealed, amended, or modified accordingly. (Sec. 8)
- The provisions of this Executive Order are separable, and if any provision is held unconstitutional, it shall not affect the validity of the other provisions. (Sec. 9)
- This Executive Order shall take effect immediately. (Sec. 10)

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