Article 115Labor and Agrarian Laws and Social Legislation, p. 115

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

family size farm as the basis of Philippine agriculture and

other policies enunciated in this Code, there is hereby

created a Department of Agrarian Reform, hereinafter

referred to as Department, which shall be directly under

the control and supervision of the President of the

Philippines. It shall have authority and responsibility for

implementing

the

policies

of the state on agrarian

reforms as provided in this Code and such other existing

laws as are pertinent thereto.

The Department shall be headed by a Secretary who shall

be appointed by the President with the consent of the

Commission on Appointments.

He shall be assisted by one Undersecretary who shall be

appointed by the President with the consent of the

Commission on Appointments.

Section

50 .

Qualifications

and

Compensations

of

Secretary and Undersecretary . — No person shall be

appointed

Secretary

or

Undersecretary

of

the

Department unless he is a natural born citizen of the

Philippines, with proven executive ability and adequate

background and experience in land reform here and/or

elsewhere for at least five (5) years, and at least thirty-five

years of age: Provided, however , That the Undersecretary

shall be a career administrator and, at the time of his

appointment, shall not be more than fifty-seven (57) years

of age, unless the President has determined that he

possesses

special

qualifications

and his services are

needed.

The Secretary and the Undersecretary shall have, among

other

qualifications,

demonstrated

interest

in,

and

concern for, the needs and problems of the rural and

farm populations and the solutions thereto: Provided ,

That no person who owns any farmholding shall be

appointed as Secretary or Undersecretary unless such

farmholding is under the leasehold system or the system

of agricultural land ownership transfer direct to the tiller.

The Secretary shall receive an annual compensation

equivalent to any other executive department secretary;

the Undersecretary shall receive an annual compensation

equivalent

to

any

other

executive

department

undersecretary.

(Amendments

to

RA

No.

3844

(Agricultural Land Reform Code), Republic Act No. 6389,

[September 10, 1971])

Section 50-A . Powers and functions of the Secretary . —

In addition to the powers and functions specified in this

Code,

the Secretary shall exercise such powers and

perform such functions and duties as are required of any

executive department secretary under existing laws.

Section

50-B.

Powers

and

functions

of

the

Undersecretary .

—

In

addition

to

the

powers

and

functions specified in this Code, the Undersecretary shall

exercise such powers and perform such functions and

duties as are required of any executive Department

Undersecretary under existing laws.

Section 50-C. Vacancy in office or incapacity . — In case

of vacancy in the office of Secretary or inability of the

Secretary

to

exercise

his

powers

and

perform

his

functions and duties due to his illness, absence or any

other

cause,

the

Undersecretary

shall

temporarily

perform the functions of the said office.

Section 50-D. Office of the Secretary; Appointment of

Personnel .

—

The

office

of

the

Secretary

shall

be

composed of the Secretary, the Undersecretary, the chiefs

of

the

staff

services

or

units

directly

under

the

department proper, together with the personnel thereof.

All

personnel

of

the

department

proper

shall

be

appointed by the Secretary in accordance with applicable

civil service law and rules.

Section 50-E. Creation of Staff Services; Functions . —

There shall be created in the department a planning

service,

a

financial

and

management

service,

an

administrative service, and such other staff services as the

Secretary may deem necessary to establish in accordance

with this section, each to be headed by a chief, which

shall be organized and shall perform the functions as

follows:

(1) Planning Service

The Planning Service shall be responsible for providing

the department with economical, efficient, and effective

services relating to planning, programming and project

development.

(2) Financial and Management Service

The

Financial

and

Management

Service

shall

be

responsible

for

providing

the department with staff

advice

and

assistance

on

budgetary,

financial,

and

management improvement matters.

(3) Administrative Service

The

Administrative

Service

shall

be

responsible

for

providing the department with economical, efficient, and

effective services relating to personnel, legal assistance,

information,

records,

supplies,

equipment,

collection,

disbursements, security, and custodial work.

Section 50-F. Creation of Bureaus; Functions . — There

shall be under the department the following bureaus

each to be headed by a Director who shall be assisted by

an

Assistant

Director,

charged

with

the

direct

implementation of the programs and policies of the

Department:

(1) The Bureau of Farm Management which shall be

responsible for the development and implementation of

programs on increased productivity, home improvement,

and rural youth development;

(2) The Bureau of Land Acquisition, distribution and

development

which

shall

be

responsible

for

the

distribution of lands to bona fide farmers, for conducting

land capability survey and classification, and for the

improvement of lands acquired by the Department;

(3)

The

Bureau

of

Resettlement

which

shall

be

responsible for the resettlement of displaced farmers,

landless families, and urban workers in the settlement

projects of the Department, the construction of houses,

roads and other facilities, and the taking of a census of all

proclaimed and unproclaimed resettlements; and

(4) The Bureau of Agrarian Legal Assistance which shall

be responsible for extending legal assistance to farmers

including those provided under Republic Act Numbered

Forty-eight hundred and eighty-six, the execution of

leasehold contracts and apprising the farmers with their

rights and duties under the law.

Each of these bureaus may establish such divisions as are

necessary for the economical, efficient and effective

performance of its functions.

Section

50-G .

Appointment,

Qualifications

and

Compensations of Directors and the Assistant Directors;

Appointment of Personnel . — The Director of a Bureau

and

his

assistant

shall

each

receive

the

equivalent

compensation

and

shall

be appointed in the same

manner as any other director or assistant director of a

bureau.

No

person

shall

be

appointed

director

or

assistant

director of a bureau unless he is a natural-born citizen of

the

Philippines,

with

proven

executive

ability

and

adequate background and experience in land reform

here and/or elsewhere for at least three (3) years, and at

least twenty-five years of age; Provided , That the Director

or Assistant Director shall be a career administrator and;

at the time of his appointment, shall not be more than

fifty-seven (57) years of age, unless the President has

determined that he possesses special qualifications and

his

services

are

needed: Provided , further , That the

Director or Assistant Director shall have, among other

qualifications, demonstrated interest in, and concern for,

the needs and problems of the rural and farm population

and the solutions thereto: Provided, finally , That no

person who owns any farmholding shall be appointed as

Director or Assistant Director unless such farmholding is

© Compiled By RGL

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