July 26, 1987

EXECUTIVE ORDER NO. 129-A

MODIFYING EXECUTIVE ORDER NO. 129 REORGANIZING AND STRENGTHENING
THE DEPARTMENT OF AGRARIAN REFORM AND FOR OTHER PURPOSES

WHEREAS, Executive Order No. 129 dated January 30, 1987 was suspended;
WHEREAS, Presidential Proclamation No. 131 and Executive Order No. 229, both
dated July 22, 1987 instituted a Comprehensive Agrarian Reform Program (CARP) and
provided the mechanisms for its implementation;
WHEREAS, Executive Order No. 229 vests on the Department of Agrarian Reform
quasi-judicial powers to determine and adjudicate agrarian reform matters;
WHEREAS, there is a need to strengthen and expand the functions of the
Department of Agrarian Reform to be more effective in implementing the
Comprehensive Agrarian Reform Program;
WHEREAS, under Article XVIII, Section 6, of the 1987 Constitution, the President
shall continue to exercise legislative powers until the First Congress convenes;
NOW, THEREFORE, I, CORAZON C. AQUINO, PRESIDENT OF THE PHILIPPINES, by
virtue of the powers vested in me by the Constitution, do hereby order:
SECTION 1.
Title. This Executive Order shall otherwise be known as the
Reorganization Act of the Department of Agrarian Reform.
SECTION 2.
Reorganization. The Department of Agrarian Reform is hereby
reorganized structurally and functionally, hereinafter referred to as the Department, in
accordance with the provisions of this Executive Order.
SECTION 3.
Declaration of Policy. It is the declared policy of the State of
completely abolish all remnants of feudalism and all other types of unjust tenurial
arrangements, implement the 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;
cdasia

e)

Encourage the establishment and protect the autonomy and

independence of institutions of farmers and farmworkers that will
safeguard their interests and ensure their digni ed existence, free
from pernicious restraints and practices;

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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 disposition of public alienable, disposable, and

cultivable land to actual cultivators and other quali ed bene ciaries
and develop agrarian communities for full utilization of land 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 speci c 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 nancing schemes to its
beneficiaries;

k)

Implement an agricultural land tax scheme that will prevent land

hoarding and/or speculation.

SECTION 4.
Mandate. The Department shall be responsible for
implementing the Comprehensive Agrarian Reform Program and, for such purpose, it is
authorized to:
a)

Acquire, determine the value of, subdivide into family-size farms or

organize into collective of cooperative farms and develop private
agricultural lands for distribution to quali ed tillers, actual occupants,
and displaced urban poor;

b)

Administer and dispose all cultivable portions of the public domain

declared as alienable and disposable for agricultural purposes
transferred to it by the Department of Environment and Natural
Resources;

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)

Facilitate the compensation of 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 bene ciaries 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;

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i)

Undertake land use management and land development studies and

projects in agrarian reform areas;

j)

Approve or disapprove the conversion, restructuring or readjustment

of agricultural lands into non-agricultural uses;

k)

Monitor and
implementation;

l)

Assist the Of ce of the Solicitor General in providing evidence for the

reversion proceedings to be led with respect to lands of the public
domain, occupied by private individuals and their tenants or
farmworkers 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;

m)

Submit progress reports to the Of ce 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.

evaluate

the

progress

of

agrarian

reform

SECTION 5.
Powers and Functions. Pursuant to the mandate the
Department, and in order to ensure the successful implementation of the
Comprehensive Agrarian Reform Program, the department is hereby authorized to:
a)

Advise the President and the Presidential Agrarian Reform Council 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, punish for
contempt and issue subpoena, subpoena duces tecum, writs of
execution of its decisions, and other legal processes to ensure
successful and expeditious program implementation; the decisions of
the Department may in proper cases, be appealed to the Regional
Trial Courts but shall be immediately executory notwithstanding such
appeal;

c)

Establish and promulgate operational policies, rules and regulations

and priorities for agrarian reform implementation;

d)

Coordinate program implementation with 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 agricultural lands for

agrarian reform purposes;
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f)

Undertake surveys of lands covered by agrarian reform;

g)

Issue emancipation patents to farmers and farmworkers 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 bene ciaries and

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resolve agrarian con icts 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 bene ciaries, landowners, government personnel, and the
general public;

k)

Institutionalize the participation of farmers, farmworkers, other

bene ciaries, 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 directed by the President, to promote ef ciency and
effectiveness in the delivery of public services.

SECTION 6.
Structural Organization. The Department shall consist of the
Department
Proper, the staff of ces, the staff bureaus and
the
regional/provincial/municipal agrarian reform offices.
The Department Proper shall consist of the following:
a)

Office of the Secretary;

b)

Offices of the Undersecretaries;

c)

Offices of the Assistant Secretaries;

d)

Public Affairs Staff;

e)

Special Concerns Staff;

f)

Agrarian Reform Adjudication Board.

The staff sectoral bureaus, on the other hand, shall be composed of:
a)

Bureau of Land Acquisition and Distribution;

b)

Bureau of Land Development;

c)

Bureau of Agrarian Legal Assistance;

d)

Bureau of Agrarian Reform Information and Education;

e)

Bureau of Agrarian Reform Beneficiaries Development.

The eld of ces shall consist of the Department regional of ces, the provincial
offices and the municipal agrarian reform office.
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SECTION 7.
Secretary of Agrarian Reform. The authority and responsibility
for the exercise of the mandate of the Department and the discharge of its powers and
functions shall be vested in the Secretary of Agrarian Reform, hereinafter referred to as
Secretary, who shall have supervision and control over the Department and shall be
appointed by the President.
SECTION 8.
Of ce of the Secretary . The Of ce of the Secretary shall
consist of the Secretary, his immediate staff, the Public Affairs Staff and the Special
Concerns Staff.
SECTION 9.
Undersecretary. The Secretary shall be assisted by four (4)
Undersecretaries who shall be appointed by the President upon the recommendation of
the Secretary. The Secretary is hereby authorized to delineate, assign and/or reassign
the respective functional areas of responsibility of the Undersecretaries, provided, That
such responsibility shall be with respect to the mandate and objectives of the
Department; and provided, Further, that no Undersecretary shall be assigned primarily
administrative responsibilities.
SECTION 10.
Assistant Secretary. The Secretary and the Undersecretaries
shall also be assisted by seven (7) Assistant Secretaries, who shall be appointed by the
President upon the recommendation of the Secretary. The Secretary is hereby
authorized to delineate, assign and/or reassign the respective functional areas of
responsibility of the Assistant Secretaries, provided, That such responsibility shall be
with respect to the mandate and objectives of the Department.
SECTION 11.
Public Affairs Staff . There is hereby created a Public Affairs
Staff, under the of ce of the Secretary, to be headed by a Director and assisted by an
Assistant Director, which shall serve as the public information arm of the Department. It
shall be responsible for disseminating information and agrarian reform policies, plans,
programs and projects; and respond to public queries related to the implementation of
the agrarian reform program.
SECTION 12.
Special Concerns Staff . There is hereby created a Special
Concerns Staff under the Of ce of the Secretary, to be headed by a Director and
assisted by an Assistant Director, which shall be responsible for handling priority
areas/subjects identi ed by the Secretary that necessitate special and immediate
attention.
SECTION 13.
Agrarian Reform Adjudication Board. There is hereby created
an Agrarian Reform Adjudication Board under the Of ce of the Secretary. The Board
shall be composed of the Secretary as Chairman, two (2) Undersecretaries as may be
designated by the Secretary, the Assistant Secretary for Legal Affairs, and three (3)
others to be appointed by the President upon the recommendation of the Secretary as
members. A Secretariat shall be constituted to support the Board. The Board shall
assume the powers and functions with respect to the adjudication of agrarian reform
cases under Executive Order No. 229 and this Executive Order. These powers and
functions may be delegated to the regional of ces of the Department in accordance
with rules and regulations to be promulgated by the Board.
SECTION 14.
Planning and Project Management Of ce . There is hereby
created a Planning and Project Management Office within the Department Proper which
shall be responsible for coordinating and initiating the development, integration and
prioritization of plans, programs and projects of the Department; monitoring and
evaluating agrarian reform program implementation; establishing linkages with foreign
funding institutions; and coordinating the activities of the different Of ces, Bureaus and
Attached Agencies of the Department.
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SECTION 15.
Policy and Strategic Research Of ce . There is hereby created
a Policy and Strategic Research Of ce within the Department Proper which shall be
responsible for establishing and implementing a computerized management
information system as well as for coordinating and/or initiating research and studies
for planning and policy formulation purposes.
SECTION 16.
Finance, Management and Administrative Of ce . There is
hereby created a Finance, Management and Administrative Of ce within the
Department Proper which shall be responsible for the proper and timely allocation of
funds to support approved programs, projects and activities; the appropriate
management control and accounting of funds; the management of the Department's
physical assets; and the provision of services to ensure effective and ef cient
personnel management and manpower career development, and for the establishment
of management systems and procedures.
SECTION 17.
Field Operations Of ce . There are hereby created Field
Operations Of ces for Luzon, Visayas and Mindanao within the Department Proper
which shall monitor and assess the implementation of the Department's policies, plans
and programs at the regional, provincial and municipal levels.
SECTION 18.
Legal Affairs Of ce . There is hereby created a Legal Affairs
Of ce within the Department Proper which shall be responsible for the review of
contracts and other legal matters, the rendition of legal assistance to Department
personnel and those who will be affected by the agrarian reform program.
SECTION 19.
Bureau of Land Acquisition and Distribution. There is hereby
created the Bureau of Land Acquisition and Distribution which shall absorb the relevant
functions of the Bureaus of Land Acquisition, Distribution and Development, and of
Land Tenure Improvement. The Bureau of Land Acquisition and Distribution, to be
headed by a Director and assisted by an Assistant Director, shall be responsible for the
development of policies, plans, programs, standard operating procedures, and for
providing technical assistance, relative to the acquisition and distribution of private
agricultural lands covered by the agrarian reform program, including land tillerlandowner identi cation, land valuation, and landowners compensation, transfer of
ownership to actual tillers, leasehold arrangements, stewardship, and land transfer
actions.
SECTION 20.
Bureau of Land Development. There is hereby created the
Bureau of Land Development which shall absorb the relevant functions of the Bureau of
Land Acquisition, Distribution and Development. The Bureau of Land Development, to
be headed by a Director and assisted by an Assistant Director, shall responsible for the
development of policies, plans and programs, and for providing technical assistance,
relative to land surveys, land use, capability and classi cation, engineering services, and
land consolidation.
SECTION 21.
Bureau of Agrarian Legal Assistance. The Bureau of Agrarian
Legal Assistance shall be strengthened and shall be responsible for developing
guidelines, plans and programs for legal assistance including developing, maintaining
and coordinating para-legal services for those who will be affected by the
Comprehensive Agrarian Reform Program. It shall be headed by a Director and assisted
by an Assistant Director.
SECTION 22.
Bureau of Agrarian Reform Information and Education. There
is hereby created the Bureau of Agrarian Reform Information and Education which shall
absorb the functions of the Agrarian Reform Education Service which is abolished by
this Executive Order. The Bureau of Agrarian Reform Information and Education, to be
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headed by a Director and assisted by an Assistant Director, shall be responsible for

developing and conducting continuing training and education programs for the
acquisition of knowledge, value formation, and development of skills and favorable
attitudes among bene ciaries and personnel of the Department 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.
SECTION 23.
Bureau of Agrarian Reform Bene ciaries Development . There
is hereby created the Bureau of Agrarian Reform Bene ciaries Development which shall
absorb the relevant functions of the Bureau of Resettlement. The Bureau of Agrarian
Reform Bene ciaries Development, to be headed by a Director and assisted by an
Assistant Director, shall be responsible for the development of policies, plans and
programs, and for providing 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 bene ciaries, liaison with farmer and
farm workers organizations to ensure the raising or farm incomes, the promotion of all
forms of farm cooperation, the achievement of a digni ed existence and the creation of
a viable economic structure conducive to greater productivity and higher farm income.
SECTION 24. Regional Offices. The Department shall have twelve (12) Regional
Offices. Each Regional Of ce shall be headed by a Regional Director who shall be
assisted by an Assistant Regional Director for operations and an Assistant Regional
Director for Administration.
The Regional Of ces shall be responsible for the implementation of laws,
policies, plans, programs, projects, rules and regulations of the Department in its
administrative region. For such purpose, 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)

Agrarian reform beneficiaries development;

b)

Provide technical assistance to Provincial Offices and Municipal

Agrarian Reform Offices in the implementation of approved plans and
programs;

c)

Conduct operations research and evaluation of agrarian reform

implementation within the region;
acd

d)

Coordinate with other government and private agencies and farmer

and farm workers organizations at the regional level, to carry out the
programs/projects for the general welfare of agrarian reform
beneficiaries;

e)

Maintain an information system in coordination with the established

monitoring systems;

f)

Review and evaluate reports and other documents submitted by the

Provincial Offices and Municipal Agrarian Reform Offices and agrarian
reform clientele;

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g)

Submit periodic feedback as may be necessary in the service of the

Department's clientele.

SECTION 25.
Provincial Of ces . The Agrarian Reform District Of ces are
hereby abolished and in their stead the Department shall create Provincial Agrarian
Reform Of ces as may be necessary in promoting ef ciency and effectiveness in the
delivery of its services. Each Provincial Agrarian Reform Of ce shall be headed by a
Provincial Agrarian Reform Officer.
The Provincial Agrarian Reform Of ces shall be responsible for directing and
coordinating the operations and activities of the Municipal Agrarian Reform Of ces
operating within the province and has the following functions:
a)

Set priorities, specific targets, 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 identi cation,
tenurial security, leasehold arrangements, land surveys, land
valuation and landowner's compensation as may be provided
for by law;

2)

Continuing information and education programs on agrarian

reform;

3)

Encouraging the organizational development of agrarian

reform bene ciaries' cooperatives and other associations and
institutionalizing farmer-government partnership in agrarian
reform policy formulation, program implementation, and
evaluation;

4)

Landowners' compensation and rechanneling 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, integrated 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 of legal services to those affected by agrarian reform

and resolution of agrarian conflicts and land tenure problems;

b)

Provide administrative services to the Municipal Agrarian Reform

Offices within the province;

c)

Provide legal services to agrarian reform bene ciaries 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

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Municipal Agrarian Reform Office;

d)

Provide technical assistance to Municipal Agrarian Reform Of ces in

the implementation of approved plans and programs;

e)

Coordinate with governmental, 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
of ce
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 Department's clientele;

SECTION 26.
Municipal Agrarian Reform Of ces . The Department shall
have as many Municipal Agrarian Reform Of ces as may be necessary in promoting
ef ciency and effectiveness in the delivery of its services, which shall be headed by a
Municipal Agrarian Reform Officer.
The Municipal Agrarian Reform Of ce shall be responsible for directly
implementing agrarian reform programs and delivering expected results at the
municipal level. For such purpose, it shall have the following functions:
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a)

Implement policies and programs on land acquisition and distribution

and transfer of landowners to actual tillers, including identi cation of
farms, landowners, and bene ciaries, leasehold arrangements, land
valuation, landowner's compensation and transfer actions 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 bene ciaries and assist in the registration of
organized cooperatives;

d)

Institutionalize bene ciaries' participation in agrarian reform policy

formulation and program implementation;

e)

Organize/establish compact farms, land consolidation, integrated

farm system, sloping agricultural land technology and other
cooperative-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 con icting claims of lot boundaries
and appraisal of properties, and mediation of different problems
arising from implementation of the agrarian reform program;
execution and registration of lease contracts, initial investigation of
administrative cases, and other legal services;

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h)

Provide assistance on project identi cation, formulation, and

development that would uplift the socio-economic status of the
bene ciaries 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/projects accomplishments

including identified problems and recommended solutions thereto;

k)

Implement projects supportive of national priority programs which

the Department is committed to assist;

l)

Perform such other functions as may be assigned from time to time,

to promote ef ciency and effectiveness in the delivery of public
services.

SECTION 27.
a)

Attached Agency.

The Department shall, subject to the approval of the Presidential

Agrarian Reform Council, create the Foundation for the Agrarian
Reform Movement of the Philippines (FARM-Philippines) to
administer, operate, and manage programs and projects developed
by the Department and initiate alternative livelihood projects for
displaced small landowners. It shall be attached to the of ce of the
Secretary and shall be governed by a Board of Trustees. The
Foundation will be authorized to raise funds and to contract foreign
and domestic loans for its projects.

SECTION 28.
Transitory Provisions . In accomplishing the acts of
reorganization herein prescribed, the following transitory provisions shall be complied
with, unless otherwise provided elsewhere in this Executive Order:
a)

The transfer of a government unit shall include the functions,

appropriations, funds, records, equipment, facilities, chosen in action,
rights, other assets, and liabilities, if any, of the transferred unit as well
as the personnel thereof, as may be necessary, who shall, in a holdover capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and bene ts.
Those personnel from the transferred unit whose positions are not
included in the Department's new position structure and staf ng
pattern approved and prescribed by the Secretary or who are not
reappointed shall be deemed separated from the service and shall be
entitled to the bene ts provided in the second paragraph of Section
29 hereof.

b)

The transfer of functions which results in the abolition of the

government unit that exercised them shall include the appropriations,
funds, records, equipment, facilities, chosen in action, rights, other
assets and personnel as may be necessary to the proper discharge of
the transferred functions. The abolished unit's remaining
appropriations and funds, if any, shall revert to the General Fund and

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its remaining assets, if any, shall be allocated to such appropriate

units as the Secretary shall determine or shall otherwise be disposed
in accordance with the Government Auditing Code and other pertinent
laws, rules and regulations. Its liabilities, if any, shall likewise be
treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations. Its personnel shall, in a hold-over
capacity, continue to perform their duties and responsibilities and
receive their corresponding salaries and bene ts. Its personnel
whose positions are not included in the Department's structure and
staf ng pattern approved and prescribed by the Secretary under
Section 29 hereof or who are not reappointed, shall be deemed
separated from the service and shall be entitled to the bene ts
provided in the second paragraph of the same Section 29.
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c)

Any transfer of functions which does not result in the abolition of the
government unit that has exercised them shall include the
appropriations, funds, records, equipment, facilities, chosen in action,
rights, and assets and personnel as may be necessary to the proper
discharge of the transferred functions. The liabilities, if any, that may
have been incurred in connection with the discharge of the transferred
functions, shall be treated in accordance with the Government
Auditing Code and other pertinent laws, rules and regulations. Such
personnel shall, in a hold-over capacity, continue to perform their
duties and responsibilities and receive their corresponding salaries
and bene ts unless in the meantime they are separated from the
service. Any personnel, whose positions are not included in the
Department's new position structure and staf ng pattern approved
and prescribed by the Secretary under Section 29 hereof or who are
not reappointed, shall be deemed separated from the service and
shall be entitled to the bene ts provided in the second paragraph of
the same Section 29.

d)

In case of the abolition of a government unit which does not result in

the transfer of its functions to another unit, the appropriations and
funds of the abolished entity shall revert to the General Fund, while the
records, equipment, facilities, chosen in action, rights, and other
assets thereof shall be allocated to such appropriate entities as the
Secretary shall determine or shall otherwise be disposed in
accordance with the Government Auditing Code and other pertinent
laws, rules and regulations, The liabilities of the abolished units shall
be treated in accordance with the Government Auditing Code and
other pertinent laws, rules and regulations, while the personnel
thereof, whose position, is not included in the Department's new
position structure and staf ng pattern approved and prescribed by
the Secretary under Section 29 hereof or who has not reappointed,
shall be deemed separated from the service and shall be entitled to
the bene ts provided in the second paragraph of the same Section
29.

e)

In case of merger or consolidation of government units, the new or

surviving unit shall exercise the functions (subject to the
reorganization herein prescribed and the laws, rules and regulations

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pertinent to the exercise of such functions) and shall acquire the

appropriations, funds, records, equipment, facilities, chosen in action,
rights, other assets, liabilities, if any, and personnel, as may be
necessary, of the units that compose the merged unit shall in a holdover capacity, continue to perform their respective duties and
responsibilities and receive their corresponding salaries and bene ts
unless in the meantime they are separated from the service. Any such
personnel, whose positions are not included in the Department's new
position structure and staf ng pattern approved and prescribed by
the Secretary under Section 29 hereof or who are not reappointed,
shall be deemed separated from the service and shall be entitled to
the bene ts provided in the second paragraph of the same Section
29.
f)

In case of termination of a function which does not result in the

abolition of the government unit which performed such function, the
appropriations and funds intended to nance the discharge of such
function shall revert to the General Fund while the records, equipment,
facilities, chosen in action, rights and other assets used in connection
with the discharge of such function shall be allocated to the
appropriate units as the Department shall determine or shall
otherwise be disposed in accordance with the Government Auditing
Code and other pertinent laws, rules and regulations, The liabilities, if
any, that may have been incurred in connection with the discharge of
such function shall likewise be treated in accordance with the
Government Auditing Code and other pertinent laws, rules and
regulations. The personnel who have performed such function, whose
positions are not included in the Department's new position structure
and staf ng pattern approved and prescribed by the Secretary under
Section 29 hereof or who have not been reappointed, shall be deemed
separated from the service and shall be entitled to the bene ts
provided in the second paragraph of the same Section 29 hereof.

SECTION 29.
New, Structure and Pattern . Upon approval of this Executive
Order, the of cers and employees of the Department shall, in a hold-over capacity,
continue to perform their respective duties and responsibilities and receive the
corresponding salaries and bene ts unless in the meantime they are separated from
government service.
The new position structure and staf ng pattern of the Department shall be
approved and prescribed by the Secretary within sixty (60) days from the effectivity of
this Executive Order and the authorized positions created thereunder shall be lled 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 bene ts to which they be entitled under existing laws, rules and
regulations. Otherwise, they shall be paid the equivalent of one (1) month basic salary
for every year of service in the government, or a fraction thereof, computed on the basis
of the highest salary received, but in no case shall such payment exceed the equivalent
of twelve (12) months salary.
SECTION 30.
Periodic Performance Evaluation. The Department of
Agrarian Reform is hereby required to formulate and enforce a system of measuring
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and evaluating periodically and objectively the performance of the Department and
submit the same annually to the President.
SECTION 31.
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.
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SECTION 32.
Prohibition Against Structural Changes. No change in the
reorganization herein prescribed shall be valid except upon prior approval of the
President for the purpose of promoting ef ciency and effectiveness in the delivery of
public services.
SECTION 33.
Funding. Funds needed to carry out the provisions of this
Executive Order shall be taken from funds available in the Department.
SECTION 34.
Implementing Authority of the Secretary. The Secretary shall
issue orders, rules and regulations and other issuances as may be necessary to ensure
the effective implementation of the provisions of this Executive Order.
SECTION 35.
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 entirety.
SECTION 36.
Repealing Clause. All laws, ordinances, rules and regulations
and other issuances or parts thereof, which are inconsistent with this Executive Order,
are hereby repealed or modified accordingly.
SECTION 37.
immediately.

Effectivity. This Executive Order shall take effect

APPROVED in the City of Manila, Philippines, this 26th day of July, in the year of Our Lord,
Nineteen Hundred and Eighty-Seven.

Published in the Official Gazette, Vol. 83 No. 17, Page 2009 on April 27, 1987.
Published in the Official Gazette, Vol. 83 No. 31, 3528-6 Supp., on August 3, 1987.

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