Modifying Order No. 129 Reorganizing and Strengthening the Department of Agrarian Reform and For Other Purposes

Case Overview and Summary

Summary of Executive Order No. 129-A

Declaration of Policy (Sec. 3):
- Completely abolish all remnants of feudalism and unjust tenurial arrangements.
- Implement the comprehensive agrarian reform program.
- Increase productivity of direct producers and strengthen agricultural base.
- Establish owner-cultivated economic family-size farms and collectively-owned/cooperatively-cultivated farms.
- Prohibit absentee land ownership.
- Rechannel landlord capital from agriculture to industrial development.
- Preserve and conserve prime agricultural lands.
- Encourage and protect autonomy of farmers' and farmworkers' institutions.
- Create viable socio-economic structures through cooperative system.
- Accelerate disposition of public alienable and disposable lands to cultivators.
- Institutionalize partnership between government and farmer organizations.
- Provide incentives for affected landowners.
- Ensure adequate funding and financing for agrarian reform beneficiaries.
- Implement agricultural land tax to prevent land hoarding/speculation.

Mandate (Sec. 4):
- Acquire, value, subdivide, and distribute private agricultural lands.
- Administer and dispose public alienable and disposable agricultural lands.
- Acquire foreclosed real estate properties suited for agriculture.
- Undertake land consolidation, reclamation, forming, and conservation.
- Facilitate landowners' compensation.
- Issue emancipation patents to agrarian reform beneficiaries.
- Provide free legal services and resolve agrarian conflicts.
- Develop and implement alternative land tenure systems.
- Undertake land use management and development studies/projects.
- Approve/disapprove conversion of agricultural lands to non-agricultural uses.
- Monitor and evaluate progress of agrarian reform implementation.
- Assist in reversion proceedings for illegally acquired public lands.
- Submit annual progress reports to the President, Congress, and public.

Powers and Functions (Sec. 5):
- Advise the President and PARC on executive/administrative orders and legislative proposals.
- Implement agrarian laws, punish for contempt, issue subpoenas and writs.
- Establish operational policies, rules, regulations, and priorities.
- Coordinate program implementation with LBP and other agencies.
- Acquire, administer, distribute, and develop agricultural lands.
- Undertake land surveys.
- Issue emancipation patents and make administrative corrections.
- Provide free legal services and resolve agrarian conflicts.
- Promote organization and development of cooperatives.
- Conduct continuing education and promotion programs.
- Institutionalize participation of farmers and advocates.
- Approve/disapprove conversion of agricultural lands.
- Call upon government agencies and NGOs for support.
- Exercise other powers directed by the President.

Structural Organization (Sec. 6):
- Department Proper: 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: Regional, Provincial, and Municipal Agrarian Reform Offices.

Attached Agency (Sec. 27):
- Foundation for Agrarian Reform Movement of the Philippines (FARM-Philippines) to administer programs, projects, and alternative livelihood projects.

Transitory Provisions (Sec. 28):
- Transfer of government units includes functions, funds, assets, liabilities, and personnel.
- Personnel not included in new structure or not reappointed shall be separated and receive benefits.

New Structure and Staffing Pattern (Sec. 29):
- To be approved by the Secretary within 60 days.
- Incumbents not included or not reappointed shall be separated.
- Separated personnel to receive retirement benefits or equivalent of 1 month's salary per year of service, up to 12 months.

Periodic Performance Evaluation (Sec. 30):
- DAR to formulate and enforce system of measuring and evaluating performance annually.

Notice or Consent Requirement (Sec. 31):
- Comply with notice or consent requirements of creditors if reorganizational change prejudices their rights.

Prohibition Against Structural Changes (Sec. 32):
- No change in reorganization valid without prior approval of the President.

Funding (Sec. 33):
- Funds to be taken from available funds in the Department.

Implementing Authority (Sec. 34):
- Secretary to issue orders, rules, regulations, and issuances for implementation.

Separability Clause (Sec. 35)
Repealing Clause (Sec. 36)
Effectivity (Sec. 37): Effective immediately.