Relative to Chapter II, Part VIII on Department of Agrarian Reform and Other Pertinent Provisions of the Integrated Reorganization Plan

November 1, 1972

LETTER OF IMPLEMENTATION NO. 13

RELATIVE TO CHAPTER II, PART VIII ON DEPARTMENT OF AGRARIAN REFORM AND OTHER PERTINENT PROVISIONS OF THE INTEGRATED REORGANIZATION PLAN

 

Pursuant to Presidential Decree No. 1, dated September 24, 1972, Reorganizing the Executive Branch of the National Government, you are hereby directed to implement Chapter II of Part VIII on Department of Agrarian Reform and other pertinent provisions of the Integrated Reorganization Plan, hereinafter referred to as the "Plan," prepared by the Commission on Reorganization as follows:

ORGANIZATION AND FUNCTIONS OF THE DEPARTMENT OF AGRARIAN REFORM

SECTION 1. The organization and functions of the Department of Agrarian Reform, hereinafter referred to as the "Department," shall be in accordance with Republic Act Numbered Six thousand three hundred and eighty-nine, otherwise known as the Code of Agrarian Reforms of the Philippines, and its implementing Executive Order Numbered Three hundred and forty-seven, series of Nineteen hundred and seventy-one, as amended by the provisions of Chapter II, Part VIII on Department of Agrarian Reform and other pertinent provisions of the Plan and the details contained in this Letter of Implementation.

SECTION 2. The organization of the Department, as graphically depicted in the following organization chart, shall consist of the Department proper composed of the immediate Office of the Secretary, the Planning Service, the Financial and Management Service, the Administrative Service, and the Agrarian Reform Education Service; the Bureau of Land Acquisition, Distribution and Development; the Bureau of Agrarian Legal Assistance; the Bureau of Resettlement; and the Bureau of Farm Management; and such regional offices as the Department may establish.

[Organization Chart 1: Department of Agrarian Reform]

FUNCTIONAL STATEMENTS OF THE DEPARTMENT OF AGRARIAN REFORM

SECTION 3. The functions of the Secretary and the Undersecretary of Agrarian Reform and the different services, bureaus, and regional offices of the Department shall be the same as those contained in Executive Order Numbered Three hundred and forty-seven, series of Nineteen hundred and seventy-one, which implemented Republic Act Numbered Six thousand three hundred and eighty-nine, except the Bureau of Farm Management and Bureau of Agrarian Legal Assistance which shall be reconstituted in accordance with Paragraphs 2, 3, and 4 of Article I, Chapter II, Part VIII of the Plan, as follows:

FUNCTIONS OF THE BUREAU OF FARM MANAGEMENT

SECTION 4. The Bureau, as graphically depicted in the following organization chart, shall have a Home Management and Rural Youth Development Division and an Agricultural Development Division with the same functions as those contained in Executive Order Numbered Three hundred, and forty-seven, series of Nineteen hundred and seventy-one which, implemented Republic Act Numbered Six thousand three hundred and eighty-nine. n

[Organization Chart 2: Bureau of Farm Management]

FUNCTIONS OF THE BUREAU OF AGRARIAN LEGAL ASSISTANCE

SECTION 5. The Bureau, as graphically depicted in the following organization chart, shall have, a Judicial Cases Division, a Claims and Conflicts Division, a Legal Information and Mediation Division, and a Legal Reserve and Statistics Division with corresponding duties and responsibilities, as follows.

SECTION 5.1. The Judicial Cases Division, Claims and Conflicts Division, and Legal Information and Mediation Division shall, continue to perform the same functions contained in Executive Order Numbered Three hundred and forty-seven, series of Nineteen hundred and seventy-one, implementing Republic Act Numbered Six thousand three hundred and eighty-nine.

SECTION 5.2. The Legal Research and Statistics Division shall have the following functions, among others:

[Organization Chart 3: Bureau of Agrarian Legal Assistance]

a. Conduct legal research for the Department;

b. Prepare legal studies and digest court decisions inform all divisions and regional offices of the latest development in substantive and procedural laws, and codify all court decisions, laws, and other legal information relating to agrarian reform;

c. Supervise the keeping and maintenance of a law library;

d. Keep and maintain statistical data of cases and related activities of the Bureau; and

e. Perform such other functions as may be provided by law.

REGIONAL OFFICES

SECTION 6. The Department shall initially establish ten regional offices pursuant to Paragraph 3, Article I, Chapter III, Part II of the Plan; Provided, That if may establish an eleventh regional office as the needs of the service may require in accordance with the aforementioned Paragraph 3. The location, center, and sphere of operations of the regional offices shall be in accordance with the provisions of Article I, Chapter III, Part II of the Plan.

CORPORATION AND COUNCIL ATTACHED TO THE DEPARTMENT

SECTION 7. In addition to the Land Bank, the Agricultural Credit Administration and Agrarian Reform Coordinating Council shall be attached to the Department and shall perform the same functions specified or contemplated in the respective laws and/or Executive Orders creating them, unless otherwise amended, changed or modified by subsequent orders.

The Secretary of Local Government and Community Development shall take the place of the Presidential Assistant on Community Development in the Agrarian Reform Coordinating Council.

SECTION 8. Attachment of the Agricultural Credit Administration, Land Bank, and Agrarian Reform Coordinating Council shall be for policy and program coordination and for such general provisions as provided under Paragraphs 1 and 2, Article I, Part II and, where applicable, under Paragraphs 3, 4, and 5, Article IV, Chapter I, Part XI of the Plan.

TRANSITORY MEASURES

SECTION 9. Within a period of ninety days from the promulgation of Presidential Decree No. 1, you are hereby directed to prepare a Staffing Pattern for the Bureau of Agrarian Legal Assistance in conformity with its organization and functional statements with the assistance of the Budget Commission, Civil Service Commission, and Presidential Commission on Reorganization for approval by the President. The Staffing Pattern that shall be developed for purposes of this installation shall, insofar as practicable, be in accordance with the criteria specified in Paragraph 5, Article I, Chapter I, Part XXIII on General Provisions of the Plan.

SECTION 10. Upon the approval of the Staffing Pattern referred to above, appointments will be made of the personnel to fill the positions authorized in said Staffing Pattern.

SECTION 11. All appointments to the positions that shall be authorized under the Staffing Pattern referred to above shall, in general, be in accordance with the merit requirements of the Civil Service law and rules and duly approved qualification standards for each position: Provided, That in the case of new position titles, qualification standards therefor, shall be developed by the Department, subject to approval by the President upon recommendation of the Civil Service Commission: Provided, further, That consideration for employment of persons other than those of the abolished Office of the Agrarian Counsel and Agricultural Tenancy Commission shall be made only after the personnel of such reorganized entities shall have, been considered: Provided, finally, That personnel actions which need to be taken as a result of the establishment of the said Staffing Pattern, shall be in accordance with applicable Civil Service law and rules, and the pertinent provisions of Part XXIII of the Plan.

SECTION 12. No original appointments to positions, except confidential positions, in the Staffing Pattern shall be made until all qualified employees in the Office of the Agrarian Counsel and Agricultural Tenancy Commission shall have been absorbed to appropriate positions available. You shall furnish the Civil Service Commission a certified list of all employees separated as a result of the implementation of the organization of the Bureau of Agrarian Legal Assistance together with a justification for their separation.

SECTION 13. The position titles that shall be used in the Staffing Pattern shall be tentative for purposes of initial appointments to positions provided therein. The position titles shall be subject to final determination and allocation to appropriate classes and salary ranges by WAPCO upon conduct of the usual audit of the duties and responsibilities assigned to the positions.

SECTION 14. All initial appointments to positions in the Staffing Pattern shall be at the authorized or active salaries of the incumbents appointed to the positions, whichever is higher. In the reallocation of appropriate authorized to be made under Section 17 of this Letter of Implementation, an adequate lump-sum amount shall be provided to take care of all cases where the actual salary of the appointee is more than the rate authorized.

SECTION 15. Salary increases as may result from appointments to positions in the Staffing Pattern to be proposed, shall be effective only after final determination and allocation of said positions by the WAPCO pursuant to Section 13 of this Letter of Implementation.

SECTION 16. The selection and initial appointment of personnel for positions in the Staffing Pattern shall be made with the assistance of a Committee to be composed of a representative each of the Department proper, Civil Service Commission, and Budget Commission: Provided, That in the consideration of personnel to fill positions authorized for the Bureau in the Department, a representative of the Bureau involved shall sit and participate in the deliberations of the Committee.

REALLOCATION OF APPROPRIATIONS

SECTION 17. You are likewise directed to cause the preparation, in collaboration with the Budget Commission, of the details of the Reallocation of Appropriations necessary to put into effect the implementation as prescribed by this Letter of Implementation in accordance with Paragraph 4, Article I, Chapter I, Part XXIII of the Plan.

TIMING OF ADMINISTRATIVE ACTIONS

SECTION 18. You are hereby directed to effect the orderly scheduling of transfers, changes and other transitional actions required by the Plan and this Letter of Implementation: Provided, That all such actions shall be completed within the period prescribed in Paragraph 14, Article I, Chapter I, Part XXIII of the Plan reckoned from the date of issuance of Presidential Decree No. 1. In the Interim, each entity affected shall continue to perform its functions until such time as you shall order change or cessation and each officer and employee shall continue to perform his duties and to exercise his authority until such time as you order otherwise but not beyond the termination of the transition period prescribed above.

SECTION 19. In the process of the final selection of personnel to fill the positions in the Staffing Pattern mentioned above, you are authorized to make the necessary changes in the personnel structure of the Department subject to the approval of the Office of the President, to correct inequities that in your opinion may have resulted from the preparation thereof: Provided, That any adjustment or adjustments that shall be made pursuant hereto shall not result in an increase in the total appropriations for personal services authorized for the Department.

SECTION 20. You are hereby finally directed to note and call the attention of the President to such provisions of Chapter II, Part VIII of the Plan or portions thereof which are inoperable under present conditions in view of Proclamation Order No. 1081 dated September 21, 1972 and which should be suspended until such time as their activation shall be possible.

DONE in the City of Manila, this 1st day of November, in the year of Our Lord, Nineteen Hundred and Seventy-Two.

n Note from the Publisher: Copied verbatim from the official document.