EXECUTIVE ORDER NO. 129 January 30, 1987
REORGANIZING THE MINISTRY OF AGRARIAN REFORM AND FOR OTHER PURPOSES
RECALLING that the reorganization of the government is mandated expressly in Article II, Section I (a), and Article III of the Freedom Constitution;
HAVING IN MIND that, pursuant to Executive Order no. 5 (1986), it is directed that necessary and proper changes in the organizational and functional structures of the government, its agencies and instrumentalities, be effected in order to promote efficiency and effectiveness in the delivery of public services;
TAKING NOTE that the agricultural sector of the Philippine economy has been the prime mover of economic growth;
CONVINCED that the agrarian sector, in its present state, requires a thoroughgoing transformation in order to be more effective in fulfilling its primary role in sustained national development;
CONSIDERING that an expanded and comprehensive agrarian reform program is viewed by the new government as the main strategy for democratizing ownership and control of all agricultural lands;
AFFIRMING that in order to ensure the effective implementation of this comprehensive agrarian reform program, there is an urgent need to expand the functions and strengthen the machinery of the Ministry of Agrarian Reform;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the sovereign will of the Filipino people and the Freedom Constitution, do hereby order:
Sec. 1. Title. This Executive Order shall otherwise be known as the Reorganization Act of the Ministry of Agrarian Reform.
Sec. 2. Reorganization. The Ministry of Agrarian Reform hereinafter, referred to as Ministry, is hereby reorganized, organizationally and functionally, in accordance with the provisions of this Executive Order.
Sec. 3. Declaration of Policy. It is the declared policy of the State to completely abolished all remnants of fuedalism and all other types of unjust tenurial arrangements, implement a comprehensive agrarian reform program, increase the productivity of the direct producers, and strengthen the agricultural base for increased industrialization.
Pursuant to this policy, the State shall:
(a) Establish owner-cultivated, economic, family-size farms and collectively-owned/cooperatively-cultivated farms as the foundation of Philippine agriculture;
(b) Prohibit absentee land ownership;
(c) Rechannel and divert landlord capital in agriculture to industrial development;
(d) Assist in the preservation and conservation of prime lands for agricultural purposes;
(e) Encourage the establishments and protect the autonomy and independence of institutions of farmers and farmworkers that will safeguard their interests and ensure their dignified existence, free from pernicious restraints and practices;
(f) Create just and viable socio-economic structures in agriculture conducive to greater productivity and higher incomes through the cooperative system of production, processing, marketing, distribution, and credit services;
(g) Accelerate the agrarian reform program and develop agrarian communities for full utilization of land and for human growth and development;
(h) Institutionalize partnerships between government and organizations of farmers and farmworkers in agrarian reform policy formulation, program implementation and evaluation;
(i) Provide specific investment opportunities, alternative employment, and other incentives for landowners affected by agrarian reform;
(j) Ensure adequate funding support for the agrarian reform program as well as timely, affordable, and appropriate financing schemes to its beneficiaries;
(k) Implement an agricultural land tax scheme that will prevent land hoarding and/or speculation.
Sec. 4. Mandate. The Ministry shall be responsible for implementing the new agrarian reform program and, for such purpose, it is authorized to:
(a) Acquire, determine the value of, subdivided into family-size farms or organize into collective or cooperative farms and develop private agricultural lands for distribution to qualified tillers, actual occupants, and displaced urban poor;
(b) Administer and dispose of all cultivable portions of the public domain proclaimed/reserved as resettlement areas for agricultural purposes by the President;
(c) Acquire, by purchase or grant, real estate properties suited for agriculture that have been foreclosed by the national government;
(d) Undertake land consolidation, land reclamation, land forming, and conservation in areas subject to agrarian reform;
(e) Compensate the landowners covered by agrarian reform;
(f) Issue emancipation patents to farmers and farmworkers who have been given lands under the agrarian reform program as may be provided for by law;
(g) Provide free legal services to agrarian reform beneficiaries and resolve agrarian conflicts and land tenure problems;
(h) Develop and implement alternative land tenure systems such as cooperative farming and agro-industrial estates, among others;
(i) Undertake extensive information and education programs on agrarian reform among the beneficiaries, the government sector, and the general public;
(j) Undertake land use management and land development studies and projects in agrarian reform areas;
(k) Approve or disapprove the conversion, restructuring or readjustment of agricultural lands into non-agricultural uses;
(l) Monitor and evaluate the progress of agrarian reform implementation;
(m) Assist the Office of the Government General Counsel (Office of the Solicitor General) in providing evidence for the reversion proceedings to be filed with respect to lands of the public domain, occupied by private individuals and their tenants or farm workers which are subject to land reform, and real rights connected therewith which have been acquired in violation of the Constitution or the public land laws, or through corrupt practices; no transfer or disposition of such lands or real rights shall be allowed until after the lapse of one year from the ratification of the new Constitution;
(n) Submit progress reports to the Office of the President, to Congress, and to the people at the end of each year and at all times make available to the general public information on the current status of its programs.
Sec. 5. Powers and Functions. Pursuant to the mandate of the Ministry, and in order to ensure the successful implementation of the expanded and comprehensive agrarian reform program as envisioned in this Executive Order is hereby authorized to:
(a) Advise the President on the promulgation of executive/administrative orders, other regulative issuances and legislative proposals designed to strengthen agrarian reform and protect the interests of the beneficiaries thereof;
(b) Implement all agrarian laws, and for this purpose, issue subpoena, subpoena duces tecum, writs of execution of its decisions, and other legal processes to ensure successful and expeditious program implementation; the decision or order of the Ministry is immediately executory even if it is appealed, unless enjoined by a restraining order or writ of preliminary injunction, as the case may be, issued by the proper appellate agency or courts;
(c) Establish and promulgate operational policies, rules and regulations and priorities for agrarian reform implementation;
(d) Coordinate program implementation by the Ministry of Agrarian reform, the Land Bank of the Philippines, and other relevant civilian and military government agencies mandated to support the agrarian reform program;
(e) Acquire, administer, distribute, and develop private agricultural lands covered by the agrarian reform program.
(f) Undertake surveys of lands covered by agrarian reform;
(g) Issue emancipation patents to farmers and farm workers covered by agrarian reform for both private and public lands and, when necessary, make administrative corrections of the same;
(h) Provide free legal services to agrarian reform beneficiaries and resolve agrarian conflicts and land-tenure related problems as may be provided for by law;
(i) Promote the organization and development of cooperatives and other associations of agrarian reform beneficiaries;
(j) Conduct continuing education and promotion programs on agrarian reform for beneficiaries, landowners, government personnel, and the general public;
(k) Institutionalize the participation of farmers, farm workers, other beneficiaries, and agrarian reform advocates in agrarian reform policy formulation, program implementation, and evaluation;
(l) Have exclusive authority to approve or disapprove conversion of agricultural lands for residential, commercial, industrial, and other land uses as may be provided for by law;
(m) Call upon any government agency, including the Armed Forces of the Philippines, and non-governmental organizations (NGOs) to extend full support and cooperation to program implementation;
(n) Exercise such other powers and functions as may be provided for by law or assigned by the President, to promote efficiency and effectiveness in the delivery of public services.
Sec. 6. Minister of Agrarian Reform. The authority and responsibility for the exercise of the mandate of the Ministry and for the discharge of its powers and functions shall be vested in the Minister of Agrarian Reform, hereinafter referred to as Minister, who shall have supervision and control over the Ministry and shall be appointed by the President.
Sec. 7. Office of the Minister. The Office of the Minister shall be composed of the Minister and his immediate staff.
Sec. 8. Deputy Ministers. The Minister shall be assisted by three (3) Deputy Ministers, appointed by the President upon the recommendation of the Minister, one for field operations, one for services and one for staff bureaus.
Sec. 9. Assistant Ministers. The Minister shall also be assisted by seven (7) Assistant Ministers, appointed by the President upon the recommendation of the Minister, one to head the research and Planning Service, one to head the Finance and Physical assets, Management Service, one to head the Administrative, Personnel and Management Service, one to head the Legal and Public Assistance Service, and one each for the Area Office Luzon, Visayas, and Mindanao.
Sec. 10. Organizational Structure. The Ministry, in addition to the Ministry Proper comprising the Offices of the Minister, Deputy and Assistant Ministers, and the services, shall consist of its Bureaus, Regional Field Offices, Provincial Offices, Team Offices, Action Groups, and attached agencies.
Sec. 11. Services of the Ministry. The Services of the Ministry shall be follows:
(a) The Research and Planning Service, which shall be responsible for coordinating and initiating the development, integration and prioritization of plans, programs, and projects of the Ministry for judicious allocation of resources and effective and efficient implementation by the field units; it shall also be responsible for coordinating or initiating research, monitoring, evaluation and maintaining a statistics center in relation to agrarian reform program implementation;
(b) The Finance and Physical Assets Management Service, which shall be responsible for proper and timely allocation of funds to support approved programs, projects, and activities, the appropriate control and accounting of funds including management improvement and control, and the management of the physical assets of the Ministry;
(c) The Administrative, Personnel and Management Service, which shall be responsible for providing the Ministry with effective, efficient and economical services relative to personnel management, career development, welfare, and administrative services, and management systems;
(d) The Legal and Public Assistance Service, which shall be responsible for the review of contracts and other legal matters, the rendition of legal assistance to ministry personnel and to the public, and the performance of public relations functions.
Sec. 12. Bureaus. The Ministry shall have the following staff bureaus:
(a) The Bureau of Land Acquisition and Distribution, which shall be responsible for the development of policies, plans, programs, standard operating procedures and for providing functional supervision and technical assistance relative to the acquisition and distribution of private agricultural lands covered by the agrarian reform program, including land-tiller-landowner identification, land valuation, and landowners' compensation, transfer of ownership to actual tillers, leasehold arrangements, stewardship, and land transfer actions;
(b) The Bureau of Land Development, which shall be responsible for the development of policies, plans, and programs, and for providing functional and technical assistance relative to land surveys, land use, capability, and classification, engineering services, and land consolidation;
(c) The Bureau of Agrarian Legal Assistance, which shall be responsible for developing guidelines, plans and programs for legal assistance and for providing legal services for agrarian clientele, including developing, maintaining, and coordinating para-legal services for agrarian reform beneficiaries;
(d) The Bureau of Agrarian Reform Information and Education, which shall be responsible for developing and conducting continuing training and education programs for the acquisition of knowledge, and development of skills and favorable attitudes among beneficiaries and personnel of the Ministry and other agencies, and the increase of awareness, participation, and acceptance of agrarian reform by the public through the dissemination of information and communication materials;
(e) The Bureau of Agrarian Reform Beneficiaries Development, which shall be responsible for the development of plans, programs, and policies, and for providing functional and technical assistance relative to the development of settlement areas into viable agrarian communities; it shall also be responsible for promoting the organization of agrarian reform beneficiaries, liaison with farmer and farm worker organizations to ensure the raising of farm incomes, the promotion of all forms of farm cooperation, the achievement of a dignified existence and the creation of a viable economic structure conducive to greater productivity and higher farm income.
Sec. 13. Regional Field Offices. The Ministry shall have twelve (12) Regional Offices. Each Regional Office shall be headed by a Regional Director.
The Regional Office shall be responsible for supervising the implementation of laws, policies, plans, programs, projects, rules, and regulations of the Ministry in its administrative region. For such purposes, it shall have the following functions:
(a) Prepare and submit plans and programs for the region on:
(1) Land acquisition and distribution;
(2) Information and education;
(3) Land use management and land development;
(4) Legal and para-legal services; and
(5) Agrarian reform beneficiaries development;
(b) Provide technical assistance to Provincial Offices, Agrarian Reform Teams, and Action Groups in the implementation of approved plans and programs;
(c) Conduct operations research and evaluation of agrarian reforms implementation within the region;
(d) Coordinate with other government and private agencies and farmer and farm workers organizations at the regional level, to carry out programs/projects for the general welfare of agrarian reform beneficiaries;
(e) Maintain an information system in coordination with the established monitoring system;
(f) Review and evaluate reports and other documents submitted by the Provincial and Team Offices, Action Groups, and agrarian-reform clientele;
(h) Submit periodic feedback as may be necessary in the service of the Ministry's clientele.
Sec. 14. Provincial Offices. The Ministry shall have Provincial Offices as may be necessary in promoting efficiency and effectiveness in the delivery of public services. Each Provincial Office shall be headed by a Provincial Agrarian Reform Executive Officer.
The Provincial Office shall be responsible for directing and coordinating the operations and activities of the Agrarian Reform Teams and Action Groups operating within the province and has the following functions:
(a) Set priorities, specific target, schedules, and deadlines for the execution of approved plans, programs, and projects on:
(1) Land acquisition, distribution, transfer of land ownership to actual tillers, including land-tiller-landowner identification, tenurial security, leasehold arrangements, land surveys, land valuation and landowners's compensation as may be provided for by law;
(2) Continuing information and education programs on agrarian reform;
(3) Encouraging the organization and development of agrarian reform beneficiaries' cooperatives and other associations and institutionalizing farmer-government partnership in agrarian reform policy formulation, program implementation, and evaluation;
(4) Landowners' compensation and rechannelling landowner capital to industrial development;
(5) Development and implementation of alternative land tenure systems such as cooperative farming, cooperative-cultivatorship schemes, and agro-industrial estates, among others;
(6) Land use management;
(7) Compact farming, integrating farming system, sloping agricultural land technology, and other land conservation measures in agrarian reform areas, in coordination with farmer and farm workers organizations;
(8) Provision for legal services to farmers covered by agrarian reform and resolution of agrarian conflicts and land tenure problems;
(b) Provide administration services to the Agrarian Reform Teams and Action Group within the province;
(c) Provide legal services to agrarian reform beneficiaries in cases arising from or connected with agrarian reform disputes, handling of expropriation proceedings, registering cooperatives and reviewing and acting on all matters initially investigated and elevated by Agrarian Reform Teams;
(d) Provide technical assistance to Agrarian Reform Teams and Action Groups in the implementation of approved plans and programs;
(e) Coordinate with government, private agencies, and farmer and farm worker organizations at the provincial level, to carry out programs;
(f) Conduct periodic performance audit survey in collaboration with the regional office and monitor agrarian reform program accomplishments, including operational problems and constraints, and recommend appropriate remedial measures for effective program implementation;
(g) Perform such other functions as may be necessary in the service of the Ministry's clientele.
Sec. 15. Team Offices and Action Groups. The Ministry shall have as many team offices as necessary to cover several municipality. Each Team Office is to be headed by a Team Manager and shall be composed of several Action Groups.
The Team Office shall be responsible for directly implementing agrarian reform programs and delivering expected results. For such purpose, it shall have the following functions:
(a) Implement policies and programs on land acquisition and distribution and transfer of landowners to actual tillers, including identification of farms, landowners, and beneficiaries, leasehold arrangements, land valuation, landowner's compensation and transfer action as determined in accordance with law;
(b) Undertake continuing information and education programs on agrarian reform among the beneficiaries thereof;
(c) Encourage and promote the organization and development of agrarian reform beneficiaries and assist in the registration of organized cooperatives;
(d) Institutionalize beneficiaries' participation in agrarian reform policy formulation and program implementation;
(e) Organize/establish compact farms, land consolidation, integrated farm systems, sloping agricultural land technology and other cooperative-cultivate-cultivatorship schemes;
(f) Provide assistance in agrarian reform research;
(g) Provide assistance to various legal services, including legal information and legal counselling, documentation and preliminary processing of applications for patents and applications to purchase lots, preliminary investigation of conflicting claims of lot boundaries and appraisal of properties, and mediation of different problems arising from tenancy relationships; execution and registration of lease contracts, initial investigation of administrative cases, and other legal services;
(h) Provide assistance on project identification, formulation, and development that would uplift the socio-economic status of the beneficiaries including projects that would channel landlord capital to industrial development;
(i) Coordinate with other government and private agencies and farmer and farm worker organizations within the area of coverage for effective program/project implementation;
(j) Submit periodic reports on program/project accomplishments including identified problems and recommended solutions thereto;
(k) Implement projects supportive of national priority programs which the Ministry is committed to assist;
(l) Perform such other functions as may be assigned from time to time, to promote efficiency and effectiveness in the delivery of public services.
The Action Groups shall include four (4) personnel of the Ministry, two (2) representatives of farmer/farm worker organizations, and one (1) representative of the municipal mayor.
Sec. 16. Foundation. The Foundation for the Agrarian Reform Movement of the Philippines (FARM-Philippines) is hereby created. It shall administer, operate, and manage programs and projects developed by the Bureau of Agrarian Reform Beneficiaries Development within agrarian reform areas and initiate alternative livelihood projects for displaced small landowners. The Foundation will be authorized to raise funds and to contract foreign and domestic loans for its projects. The legal instruments essential in accomplishing the purposes of this Section shall be submitted to the President and other authorities, as may be proper, within one hundred twenty (120) days from the approval of this Executive Order.
Sec. 17. New Structure and Pattern. Upon the approval of this Executive Order, the officers (the term "officer" as used in this Executive Order is intended to be within the meaning of the term "official," as is used in the Freedom Constitution and the succeeding Constitution) and employees of the Ministry shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from the service pursuant to Executive Order No. 17 (1986).
The new position structure and staffing pattern of the Ministry shall be approved and prescribed by the Minister within one hundred twenty (120) days from the approval of this Executive Order and the authorized positions created thereunder shall be filled with regular appointments by him or by the President as the case may be. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed separated from the service. Those separated from the service shall receive the retirement benefits to which they may be entitled under existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of one-month basic salary for every year of service, or the equivalent nearest fraction thereof favorable to them on the basis of highest salary received, but in no case shall such payment exceed the equivalent of 12 months salary.
No court or administrative body shall issue any writ or preliminary injunction or restraining order to enjoin the separation/replacement of any officer or employee effected under this Executive Order.
Sec. 18. Prohibition Against Change. No change in the reorganization herein prescribed shall be valid except upon prior approval of the President for the purpose of promoting efficiency and effectiveness in the delivery of public services.
Sec. 19. Notice or Consent Requirement. If any reorganizational change herein authorized is of such substance or materiality as to prejudice third persons with rights recognized by law or contract such that notice to or consent of creditors is required to be made or obtained pursuant to any agreement entered into with any of such creditors, such notice or consent requirement shall be complied with prior to the implementation of such reorganizational change.
Sec. 20. Change of Nomenclature. In the event of the adoption of a New Constitution which provides for a presidential form of government, the Ministry shall be called Department of Agrarian Reform and the titles of Minister, Deputy Minister and Assistant Minister shall be changed to Secretary, Deputy Secretary and Assistant Secretary, respectively.
Sec. 21. Funding. Funds needed to carry out the provisions of this Executive Order shall be taken from funds available in the Ministry.
Sec. 22. Implementing Authority of Minister. The Minister shall issue such rules, regulations and other issuances as may be necessary to ensure the effective implementation of the provision of this Executive Order.
Sec. 23. Separability. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof, as long as such remaining portions or provisions can still subsist and be given effect in their entirely.
Sec. 24. Repealing Clause. All other laws, decrees, rules, regulations, other issuances, or parts thereof, which are inconsistent with this Executive Order, are hereby repealed or modified accordingly.
Sec. 25. Effectivity. This Executive Order shall take effect immediately upon its approval.
APPROVED in the City of Manila, Philippines, this 30th day of January in the year of Our Lord, Nineteen Hundred and Eighty-seven.
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