E.O. No. 292, Administrative Code of 1987 Book IV Title XI – Agrarian Reform
EXECUTIVE ORDER NO. 292
INSTITUTING THE “ADMINISTRATIVE CODE OF 1987″
Book IV
The Executive Branch
Title XI
AGRARIAN REFORM
CHAPTER 1
GENERAL PROVISIONS
Section 1. Declaration of Policy. – The State shall undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof.
The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers’ organizations to participate in the planning, organization and management of the land reform program, and shall provide support to agriculture through appropriate technology and research, and through adequate financial, production, marketing, and other support services.
The State shall provide incentives for voluntary land-sharing. It may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law.
Section 2. Mandate. – The Department shall provide central direction and coordination to the national agrarian reform program extended to transform farm lessees and farm tenants into owner-cultivators of economic family-size farms to improve their living conditions.
The Department shall formulate and implement policies, plans and programs for the distribution and cultivation of all agricultural lands, including sugar and coconut lands, with the participation of farmers, farmworkers, landowners, cooperatives, and other independent farmers’ organizations. It shall provide leadership in developing support services to tenant-owners, farm managers, and other cultivators through appropriate research and development programs, and shall render adequate assistance in finance, marketing, production and other aspects of farm management.
Section 3. Powers and Functions. – To accomplish its mandate, the Department shall:
(1) Implement laws, programs and policies for the acquisition and distribution of all agricultural lands as provided by laws;
(2) Resettle landless farmers and farmworkers in government-owned agricultural estates which shall be distributed to them as provided by law;
(3) Recommend and provide incentives for voluntary sharing of lands by owners of agricultural lands;
(4) Acquire, determine the value, subdivide into family-size farms, develop and distribute to qualified tillers, actual occupants and displaced urban poor, private agricultural lands regardless of area and crops planted;
(5) Administer and dispose of, under a settlement scheme, all portions of the public domain declared as alienable and disposable lands for speedy distribution to and development by deserving and qualified persons who do not own any land and under such terms and conditions as the Department may prescribe, giving priority to qualified and deserving farmers in the province where such lands are located;
(6) Provide free legal assistance to farmers covered by agrarian reform and expedite the resolution of agrarian conflicts and land tenure problems either through conciliatory or adversary proceedings;
(7) Provide creative, responsive and effective information, education and communication programs and projects both for the tenant beneficiaries, landowners, the government and private sectors and the general public, thereby generating a broad spectrum of support and understanding of the new agrarian reform program;
(8) Strengthen agrarian reform beneficiaries organizations to a degree of national viability that would enable them to share in the shaping of government policies and institutionalize farmers’ participation in agrarian reform policy formulation, program implementation and evaluation;
(9) Promote the organization and development of cooperatives of agrarian reform beneficiaries and register the same;
(10) Implement all agrarian reform laws and for the this purpose issue subpoena, subpoena duces tecum, and writs of execution of its orders, and decisions and other legal processes to ensure compliance from all parties concerned for successful and expeditious program implementation;
(11) Undertake land surveys on lands covered by agrarian reform, and issue patents to farmers covered by agrarian reform, both on private and public lands;
(12) Develop, implement and undertake alternative and innovative land development schemes and land tenure systems such as, but not limited to land consolidation, land farming cooperative farming and agro-industrial estates;
(13) Approve or disapprove conversion of agricultural lands to non-agricultural uses such as residential and industrial conversions in accordance with the existing provisions of law;
(14) Undertake land use management studies;
(15) Compensate the landowners covered by agrarian reform;
(16) Integrate and synchronize program implementation of the Land Bank of the Philippines and other relevant civilian and military government and private entities involved and mandated to support the agrarian reform program through Inter-Agency Committees and Agrarian Reform Coordinating Councils; and
(17) Perform such other functions as may be provided by law.
Section 4. Organizational Structure. – The Department shall consist of the Office of the Secretary, the Undersecretary, the Assistant Secretary, the Services and Staff Bureaus, the Regional Offices, the Provincial Offices, and the Team Offices.
CHAPTER 2
DEPARTMENT PROPER
Section 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and his immediate staff.
Section 6. Undersecretary. – The Secretary shall be assisted by one (1) Undersecretary who shall perform the following functions:
(1) Oversee the operational activities of the Department delegated to him by and for which he shall be responsible to the Secretary;
(2) Coordinate programs and projects within the DAR and with other government agencies and farmer organizations when so delegated by the Secretary;
(3) Assist the Secretary on matters relating to the operations of the Department;
(4) Assist the Secretary in the preparation of reports; and
(5) Perform such other duties and functions as may be provided by law or assigned by the Secretary.
Section 7. Assistant Secretary. – The Secretary shall be assisted by one Assistant Secretary.
CHAPTER 3
DEPARTMENT SERVICES
Section 8. Management and Executive Services. – The Management and Executive Services shall have the following functions:
(1) Recommend the implementation of appropriate systems and procedures as it relates to the overall monitoring and feedback mechanisms required by the Office of the Secretary;
(2) Gather, consolidate, appraise, prepare and submit regular top management reports pertaining to the Department and overall administration, financial, programs and projects implementation status for decision making purposes;
(3) Design and maintain a program/project display center(s) that will showcase the Department’s various plans, programs and accomplishments;
(4) Prepare and review office orders, memoranda and other communications;
(5) Provide secretariat support during meetings and conferences including international conferences and seminars relative to agrarian reform;
(6) Supervise the implementation of department-wide records management and disposal system;
(7) Develop alternative management systems which will increase efficiency in the delivery of services, attain better means of control, maximize use of available human and physical resources;
(8) Conduct periodic systems and procedures audit of the various units of the Department;
(9) Prepare news items on agrarian reform accomplishments and handle press and media relations work for the Secretary; and
(10) Perform such other functions as may be assigned by the Secretary.
Section 9. Legal and Public Assistance Service. – The Legal and Public Assistance Service shall have the following functions:
(1) Prepare legal decisions and resolutions of administrative cases and render legal opinions, interpretation of contracts, laws, rules and other administrative issuances;
(2) Prepare legal decisions and resolutions of administrative cases; and
(3) Provide public assistance services.
Section 10. Research and Strategic Planning Service. – The Research and Strategic Planning Service shall have the following functions:
(1) Review, analyze and integrate submitted plans and programs and special project proposals by Bureaus, services, and field offices and determine if plans and programs are in accordance with priorities set for budgetary support;
(2) Review, coordinate and integrate all recommendations for reprogramming and revision of work programs of the Department to support fund releases or requests;
(3) Initiate, integrate, or prioritize research studies and recommend for funding in coordination with units concerned and review and interpret research findings for policy applicability;
(4) Conduct researches or case studies for policy recommendations and application;
(5) Coordinate, integrate and assist in the assessment of programs and projects against plans, costs and resources, standards and performance targets;
(6) Coordinate, integrate and analyze periodic accomplishment reports of the Department as may be required or necessary;
(7) Maintain liaison with public and private development and planning bodies, public and private; and
(8) Perform such other functions as may be provided by law or assigned by the Secretary.
Section 11. Finance and Physical Assets Management Service. – The Finance and Physical Assets Management Services shall have the following functions:
(1) Prepare, execute and administer the Department’s budget including standards and guidelines;
(2) Monitor and evaluate the implementation of the Central and Regional budget;
(3) Process all money claims related to all types of Department expenditures including personal services, maintenance and other operating expenses and capital outlays;
(4) Prepare financial reports and maintain books of accounts;
(5) Prepare, release and control check disbursements and index or monitor check payments;
(6) Implement proper internal control mechanisms;
(7) Formulate and implement policies and systems on the disposition of supplies, materials and equipment requirements of all operating units for their effective functioning;
(8) Undertake repair and maintenance of all equipment furniture, building facilities and grounds of the Department; and
(9) Manage and maintain an inventory of physical assets in the Department’s Central and Regional offices.
Section 12. Administrative and Personnel Service. – The Administrative and Personnel Service shall exercise the following functions:
(1) Formulate and implement policies and guidelines on personnel placement, appraisal and action;
(2) Formulate and implement policies and guidelines on employee services, employee relations management and staff development;
(3) Service the reproduction, utility and messengerial requirements of all Departmental groups and offices;
(4) Provide the major operating units of the Department with basic equipment, supplies and materials including logical support;
(5) Engage in general canvassing and purchasing of supplies, materials and equipment;
(6) Implement guidelines with respect to procurement services; and
(7) Perform such other functions as the Secretary may assign.
CHAPTER 4
BUREAUS
Section 13. Bureau of Agrarian Legal Assistance. – The Bureau of Agrarian Legal Assistance shall have the following functions:
(1) Formulate guidelines, plans and programs for the effective delivery of legal assistance to the clientele;
(2) Adopt the process of mediation and conciliation to judiciously settle agrarian problems;
(3) Investigate cases, review recommendations, and prepare orders, decisions and resolutions on matters involving agrarian dispute;
(4) Maintain a docket of cases on claims and conflicts and issue clearance in relation thereto;
(5) Provide legal information and prepare materials for publication;
(6) Conduct and compile legal research and studies on agrarian reform and maintain a law library;
(7) Prepare legal opinions on matters pertaining to agrarian reform program implementation;
(8) Represent agrarian reform beneficiaries or members of their immediate farm households before all courts and quasi-judicial and administrative bodies in civil, criminal or administrative cases instituted by or against them, arising from or are connected with, an agrarian dispute;
(9) Develop, maintain and coordinate para-legal services for agrarian reform clientele;
(10) Advise and assist the Office of the Secretary and field offices in agrarian legal matters;
(11) Conduct a continuing follow-up and evaluation of the handling and disposition of judicial cases, claims and conflicts adjudication, legal information and para-legal services of the Department; and
(12) Perform such other functions and duties as may be provided by law.
Section 14. Bureau of Land Development. – The Bureau shall have the following functions:
(1) Draw up plans and programs of land surveys and determine which land survey projects can be done by administration or by contract;
(2) Develop and prescribe procedures and techniques on land surveys in accordance with approved standards;
(3) Develop plans and programs, guidelines, procedures and techniques for soil surveys and classification and for complete aerial photogrammetry;
(4) Analyze and compile soil data and survey reports essential for the production of soil maps and identify particular areas for soil research;
(5) Develop land use patterns, procedures and compile adequate maps for proper land use;
(6) Draw up plans, programs and designs for agricultural development under the scheme of land consolidation;
(7) Formulate policies, guidelines and procedures for the regulation of conversion of private agricultural lands to non-agricultural use, in accordance with the provisions of existing laws, as amended, and other related issuances;
(8) Establish a schedule of priorities in the construction of houses, waterworks, irrigations systems and other community facilities;
(9) Formulate policies and guidelines in the procurement, maintenance or rehabilitation of agricultural machinery and equipment, and review, and evaluate plans, programs, specifications, and cost estimates of land development projects;
(10) Provide functional and technical assistance on the implementation of land development;
(11) Monitor and evaluate activities of field offices on land development; and
(12) Perform such other functions as may be provided by law.
Section 15. Bureau of Land Tenure Development. – The Bureau shall have the following functions:
(1) Develop policies, plans and programs, and standard operating procedures in the acquisition and distribution of public and private agricultural lands, including measures to ensure that the lands distributed by the government to the beneficiaries of the agrarian reform program shall be subsequently transferred or sold only to qualified tenant-tillers, agricultural workers and other landless citizens;
(2) Design socio-economic survey plans and prescribe standards, guidelines and procedures in the conduct of such surveys in areas sought to be acquired or administered by the Department of Agrarian Reform;
(3) Develop standards for the valuation of lands placed under the agrarian reform program and formulate appropriate land compensation schemes for affected landowners;
(4) Formulate, general policies and guidelines in the identification of tillers and agricultural lands to be purchased or expropriated, subject of petitions or applications for the exercise of the right of pre-emption or redemption, or voluntarily offered for coverage under the agrarian reform program, and portions of the public domain which may be opened for settlement;
(5) Maintain a current inventory of tillers, landowners, land-holdings, including crops and production thereon, and other related records;
(6) Streamline procedures governing the titling of lands transferred to the beneficiaries of agrarian reform and the documentation of leasehold and other tenurial arrangements;
(7) Develop alternative tenurial or working arrangements or relationships in agrarian reform areas aimed at ensuring security of tenure and equitable distribution of income;
(8) Formulate policies, guidelines, standards, procedures and programs in the development and conduct of land tenure research;
(9) Identify areas of research relevant to land tenure, determine priority needs, and prepare land tenure research designs/proposals;
(10) Undertake operational research and evaluation studies on land tenure programs and projects;
(11) Monitor research findings on land tenure and other related studies by various research agencies;
(12) Review and evaluate documents for the generation, registration, and issuance of Emancipation Patents/Title, land valuation, and landowners compensation claims as to its completeness, accuracy and validity;
(13) Initiate verification and/or investigation of questionable or inconsistent documents as well as data or information critical for expeditious disposition of land transactions by authorities concerned; and
(14) Perform such other functions as may be provided by law.
Section 16. Bureau of Agrarian Reform Information Education. – The Bureau shall have the following functions:
(1) Provide policy guidance and develop plans and programs for effective and continuing information, education and promotional activities of the Department;
(2) Develop, conduct, assist and coordinate training and education programs to increase farmer, DAR and other governmental personnel participation in program implementation;
(3) Coordinate or implement linkage training or education programs and projects;
(4) Integrate agrarian reform concepts into all levels of the national education system;
(5) Develop appropriate communication materials or aids to support agrarian reform promotion and training;
(6) Produce and disseminate media materials to implement the information programs of the Department;
(7) Maintain and update a library of materials on agrarian reform;
(8) Provide for the establishment of a center for agrarian reform studies;
(9) Provide functional and technical assistance on farmer education and public information;
(10) Coordinate and evaluate training programs and activities undertaken by the regional offices and other units of the Department; and
(11) Perform such other functions as may be provided by law.
Section 17. Bureau of Agrarian Reform Beneficiaries Development. – The Bureau shall have the following functions:
(1) Formulate plans, programs, policies and guidelines for the development of agrarian reform areas into viable agro-industrial estates, the promotion of cooperative systems of production, processing, marketing, distribution, credit and services;
(2) Formulate policies, programs and guidelines for the development and management of resettlement areas and landed estates;
(3) Promote the organization and participation of agrarian reform beneficiaries to enhance the dignity and welfare of the beneficiaries and to serve as sources of development information inputs and feedback as basis for policy formulation;
(4) Serve as liaison between the DAR and the legitimate organizations of agrarian reform beneficiaries and serve as receiving zone for request and proposals from legitimately organized agrarian reform beneficiaries associations for appropriate action by any of the Bureaus or Services;
(5) Develop and undertake research and pilot studies of alternative land tenure systems such as agro-industrial estates, cooperative farming and other cooperative-cultivatorship schemes;
(6) Develop project models such as but not limited to compact farms, and other income generating projects, and undertake research and pilot studies on these models and other innovative schemes in coordination with field offices;
(7) Establish linkages with concerned agencies for farm support services and to ensure immediate and effective project implementation;
(8) Provide functional and technical assistance on development and management of resettlement areas and landed estates, organization of agrarian reform beneficiaries and implementation of economic projects;
(10) Perform such other functions as may be provided by law.
CHAPTER 5
REGIONAL AND DISTRICT OFFICES AND ATTACHED AGENCIES
Section 18. Regional Office. – The Regional Office shall be responsible for supporting the field units and supervising program implementation of the Department within the region. It shall:
(1) Implement laws, policies, plans, rules and regulations of the Department in the regional area;
(2) Develop and implement a regional personnel management program;
(3) Prepare, submit, execute and control the budget for the region;
(4) Prepare and properly maintain books of accounts;
(5) Pay salaries and wages and other approved vouchers;
(6) Provide administrative services to the regional and provincial offices;
(7) Prepare and submit plans and programs for the region on:
a. land tenure development
b. information and education
c. land use management and land development
d. legal services
e. agrarian reform beneficiaries development
(8) Provide technical assistance to the provincial offices and agrarian reform teams in the implementation of approved plans and programs;
(9) Extend effective legal assistance, advice or service to agrarian reform beneficiaries;
(10) Conduct operations research and evaluation of agrarian reform program implementation within the region;
(11) Coordinate with other government and private agencies and farmer organizations at the Regional level through the Agrarian Reform Coordinating Council, to carry out programs/projects for the general welfare of the agrarian reform beneficiaries;
(12) Coordinate para-legal services;
(13) Maintain a data-based information system in coordination with the established monitoring system;
(14) Review documents submitted by the Provincial and Team Offices or by the clientele;
(15) Submit periodic feedback and recommend policy changes and/or modification of procedures on program implementation; and
(16) Perform such other functions as may be necessary in the service of the clientele.
Section 19. Provincial Offices. – The Agrarian Reform Provincial Office is responsible for the direction and coordination of the operation and activities of the Agrarian Reform Teams operating within the province and has the following functions:
(1) Set priorities, specific targets, schedules and deadlines for the execution of approved plans, programs and projects on:
a. land acquisition, distribution, transfer of land ownership to actual tillers, including land tiller-landowners identification, tenurial security and leasehold arrangements, land surveys, land valuation and landowners compensation;
b. continuing information and education programs on agrarian reform;
c. organization and development of Agrarian Reform Beneficiaries Cooperatives and institutionalizing farmers-government partnership in agrarian policy formulation and program implementation;
d. landowner’s compensation and diversion of landowner’s capital to industrial development;
e. development and implementation of alternative land tenure systems such as cooperative farming, agro-industrial estates and cooperative-cultivatorship schemes;
f. land use management;
g. compact farming, land consolidation, land reclamation, integrated farming systems, sloping agricultural land technology, and other land conservation measures in agrarian reform covered areas;
h. legal services to farmers covered by agrarian reform and resolution of agrarian conflicts and land tenure problems;
(2) Provide administrative services to the Agrarian Reform Teams within the province;
(3) Provide legal services to agrarian reform beneficiaries in cases arising from or are connected with agrarian disputes, handling of expropriation proceedings, registering cooperatives organized by Agrarian Reform Teams and reviewing and acting on all matters initially investigated and elevated by Agrarian Reform Teams;
(4) Provide technical assistance to the Agrarian Reform Teams in the implementation of approved plans and programs;
(5) Coordinate with government, private agencies and farmer organizations at the provincial level to carry out programs;
(6) Conduct periodic performance audit surveys in collaboration with the regional office, and monitor agrarian reform program accomplishments of Agrarian Reform Teams including operational problems and constraints and recommend appropriate remedial measures for effective program implementation; and
(7) Perform such other functions as may be necessary in the service of the clientele.
Section 20. Team Offices. – The Agrarian Reform Team shall be responsible for directly implementing the agrarian reform programs and delivering expected results. It shall:
(1) Implement policies and programs on land acquisition, and distribution, and transfer of landownership to actual tillers, including farmer-landowner’s identification, leasehold arrangements, land valuation and landowners compensation and transfer actions;
(2) Undertake continuing information and education programs on agrarian reform among the beneficiaries;
(3) Promote the organization and development of agrarian reform beneficiaries and assist in the registration of organized cooperatives;
(4) Institutionalize farmers participation in agrarian reform policy formulation and program implementation;
(5) Organize and establish compact farms, land consolidation, integrated farm systems, sloping agricultural land technology and other cooperative-cultivatorship schemes;
(6) Provide assistance in agrarian reform research;
(7) Provide assistance to various legal services, including legal information and legal counselling, documentation and preliminary processing of applications for free patent and applications to purchase lots, preliminary investigation of conflicting claims on lot boundaries and appraisal of properties, and mediation of different problems arising from tenancy relationship, execution and registration of lease contracts, initial investigation of administrative cases, and other legal services;
(8) Provide assistance on project identification, formulation and development that would uplift the socio-economic status of the beneficiaries including projects that would divert landlord capital to industrial development;
(9) Coordinate with other government and private agencies and farmer organizations within the area of coverage for effective program/project implementation;
(10) Submit periodic reports on program/project accomplishments including problems identified and recommended solutions thereto;
(11) Implement DAR commitment programs supportive of national priority programs; and
(12) Perform such other functions as may be assigned from time to time.
Section 21. Attached Agencies. – The following agencies are attached to the Department for administrative supervision and policy coordination:
(1) Land Bank of the Philippines
(2) Agricultural Credit Administration
(3) Agrarian Reform Coordinating Council