Reorganizing the Ministry of Agrarian Reform and For Other Purposes

Case Overview and Summary

Reorganizing the Ministry of Agrarian Reform

- Declaration of Policy (Sec. 3):
• Abolish feudalism and unjust tenurial arrangements.
• Implement a comprehensive agrarian reform program.
• Increase productivity of direct producers.
• Strengthen agricultural base for industrialization.

- Mandate of the Ministry (Sec. 4):
• Acquire, value, subdivide private agricultural lands for distribution to qualified tillers, occupants, and urban poor. (Sec. 4a)
• Administer and dispose of public lands for agricultural resettlement. (Sec. 4b)
• Acquire foreclosed agricultural properties. (Sec. 4c)
• Undertake land consolidation, reclamation, forming, and conservation. (Sec. 4d)
• Compensate landowners covered by agrarian reform. (Sec. 4e)
• Issue emancipation patents to agrarian reform beneficiaries. (Sec. 4f)
• Provide free legal services and resolve agrarian conflicts. (Sec. 4g)
• Develop alternative land tenure systems like cooperative farming. (Sec. 4h)
• Undertake information and education programs on agrarian reform. (Sec. 4i)
• Conduct land use management and development studies. (Sec. 4j)
• Approve/disapprove conversion of agricultural lands. (Sec. 4k)
• Monitor and evaluate progress of agrarian reform implementation. (Sec. 4l)
• Assist in reversion proceedings for public lands illegally occupied. (Sec. 4m)
• Submit annual progress reports to the President, Congress, and public. (Sec. 4n)

- Powers and Functions (Sec. 5):
• Advise the President on executive orders, regulations, and legislative proposals related to agrarian reform. (Sec. 5a)
• Implement agrarian laws, issue legal processes, and execute decisions. (Sec. 5b)
• Establish operational policies, rules, regulations, and priorities. (Sec. 5c)
• Coordinate program implementation with other agencies. (Sec. 5d)
• Acquire, administer, distribute, and develop private agricultural lands. (Sec. 5e)
• Undertake land surveys. (Sec. 5f)
• Issue emancipation patents and make administrative corrections. (Sec. 5g)
• Provide free legal services, resolve agrarian conflicts. (Sec. 5h)
• Promote organization and development of cooperatives. (Sec. 5i)
• Conduct continuing education and promotion programs. (Sec. 5j)
• Institutionalize participation of farmers, farm workers, and advocates. (Sec. 5k)
• Approve/disapprove conversion of agricultural lands. (Sec. 5l)
• Call upon government agencies and NGOs for support. (Sec. 5m)
• Exercise other powers assigned by the President. (Sec. 5n)

- Organizational Structure (Sec. 10-15):
• Ministry Proper, Bureaus, Regional Offices, Provincial Offices, Team Offices, Action Groups.
• Services: Research and Planning, Finance and Assets Management, Administrative and Personnel, Legal and Public Assistance.
• Bureaus: Land Acquisition and Distribution, Land Development, Agrarian Legal Assistance, Agrarian Reform Information and Education, Agrarian Reform Beneficiaries Development.
• Regional Offices to supervise implementation in regions.
• Provincial Offices to direct and coordinate Agrarian Reform Teams and Action Groups.
• Team Offices and Action Groups for direct implementation.

- Foundation for Agrarian Reform Movement (Sec. 16):
• Administer programs and projects developed by Bureau of Agrarian Reform Beneficiaries Development.
• Initiate alternative livelihood projects for displaced small landowners.
• Authorized to raise funds and contract loans.

- Implementation Provisions:
• New position structure and staffing pattern within 120 days. (Sec. 17)
• Prohibition against unauthorized changes. (Sec. 18)
• Compliance with notice or consent requirements for creditors. (Sec. 19)
• Change of nomenclature if new Constitution provides for presidential form of government. (Sec. 20)
• Funding from available funds in the Ministry. (Sec. 21)
• Minister to issue implementing rules and regulations. (Sec. 22)
• Separability clause. (Sec. 23)
• Repealing inconsistent laws, decrees, rules, and regulations. (Sec. 24)
• Immediate effectivity upon approval. (Sec. 25)