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(NAR) VOL. 11 NO.4 / OCT. – DEC. 2000

[ DAR ADMINISTRATIVE ORDER NO. 07, S. 2000, October 09, 2000 ]

REVISING THE ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT AGRARIAN REFORM



Pursuant to Executive Order No. 290 (September 22, 2000) entitled “Streamlining the Structure and Functions of the Department of Agrarian Reform and for other purposes” and Sections 7, 9, 10 and 34 of Executive Order (EO) No. 129-A (July 26, 1987), otherwise known as the “Reorganization Act of the Department of Agrarian Reform”, the organizational structure of the Department of Agrarian Reform (DAR) is hereby revised as follows:

ARTICLE I
PRELIMINARY PROVISIONS

SECTION 1.       Rationale for Reorganization — The Department of Agrarian Reform is the principal agency responsible for implementing the Comprehensive Agrarian Reform Program (CARP). Revision of its organizational structure at this time becomes necessary to enable the Department to respond to new global and national challenges; address urgent concerns on sustainable rural development; and streamline organizational gaps, overlaps and other structural deficiencies so as to improve coordination, accountability, and effectiveness in delivering services to the public.

SEC.2.    Statement of Objectives — The rationalization of the Department’s organizational design is intended to:

a)    Align the Department to its new strategic thrusts and directions and respond to developments in the national and global scenes;

b)    Address the gaps, overlaps and limitations in the current set-up which impinge on the ability of the organization to deliver effective services;

c)    Promote total human resource development in the organization geared towards strengthening capabilities and potentials of its personnel; and

d)    Streamline its systems and procedures to facilitate and improve the relevance and quality of front-line services, improve policy formulation, planning, performance and evaluation, and assessment.

SEC. 3.   Governing Principles & Policies — The reorganization shall be carried out in accordance with the following principles and policies:

a)      The organizational structure shall be designed in accordance with the constitutional and statutory mandate of the Department taking into consideration the socio-economic objectives of CARP;

b)      The reorganization shall be undertaken within the existing budgetary limitations of the DAR in particular and the government in general;

c)      Employees’ rights and interests shall be protected. No involuntary separation of personnel shall be made. Appropriate funding shall be requested from the Department of Budget and Management (DBM) for those who will opt for separation from the service. No personnel movement which will result in diminution of salary shall be undertaken;

d)      A retooling program shall be developed and implemented to strengthen the capabilities and potentials of the existing human resources of the Department in line with its new strategic thrusts and directions;

e)      The reorganization shall be a developmental process where suggestions will be encouraged to fine-tune the structural design down to the lowest levels; and

f)       Organizational safety nets shall be instituted throughout the process to ensure that the needs and concerns of the organization and its personnel are duly considered. These shall include, among others, the creation of appropriate venues that will address the complaints of employees on the organizational development process.

ARTICLE II
REVISED ORGANIZATIONAL STRUCTURE

A.        CENTRAL OFFICE

SEC. 4.   Composition of Central Office — The DAR Central Office shall be composed of the Office of the Secretary, the Office for Legal, Policy & Public Affairs, the Office for Operations, and the Office for Management Services, inclusive of the offices or units under them. (The revised core organizational structure for the Central Office is presented in Annex “A” which forms an integral hereof.

SEC. 5.   Office of the Secretary — The Office of the Secretary shall provide the general and strategic thrusts and directions of the Department. It shall initiate programs, coordinate, orchestrate, and integrate the work of the major offices of the Department, It shall establish and maintain effective relations with other government agencies and publics. The Secretary shall perform such powers and functions as provided for under EO 129-A and other existing laws and regulations.

The Office of the Secretary shall directly supervise the following:

a)      Presidential Agrarian Reform Council (PARC) Secretariat. The PARC Secretariat shall perform the duties and responsibilities assigned to it pursuant to Sec. 43 of RA 6657. It shall review, prioritize and consolidate the plans, programs and budgetary requirements of the various CARP implementing agencies (CIAs), as well as allocate funds to the CIAs and ensure their proper utilization. It shall facilitate inter-agency linkages and coordination, and monitor CIA performance against plans and targets. In addition, it shall review and recommend policies, rules and regulations toward more effective CARP implementation.

b)      DAR Adjudication Board (DARAB). The DARAB shall perform such powers and functions assigned to it under Sec. 13 of EO 129-A, which primarily pertains to the resolution of agrarian disputes, as enumerated in Sec. 1, Rule 11 of the DARAB Revised Rules and Procedures. It shall supervise and provide overall direction to agrarian reform adjudicators at the regional and provincial levels.

c)      Internal Audit Staff (AIS). The IAS shall formulate the Department’s audit agenda and conduct actual audits of its operations and programs. It shall call the attention of the DAR management on deficiencies in program implementation and recommend corrective measures. It shall monitor compliance by concerned offices with the decisions or recommendations resulting from such audits.

d)      Center for Sustainable Rural Development (CSRD). As directed by the Secretary, the CSRD shall initiate strategic programs to address global and national issues and challenges in agrarian reform and rural development. It shall undertake research on the new dimensions in rural development work, as well as initiate the testing of new models and strategic approaches and programs in line with the focus towards sustainable rural development. It shall facilitate coordination and mainstreaming of these models and programs among the various DAR offices. The CSRD shall also ensure the pioneering of new paradigms on sustainable rural development and spearhead the reorientation of DAR and its stakeholders to such models.

SEC. 6.   Office for Legal, Policy & Public Affairs — The Office for Legal, Policy & Public Affairs shall formulate policies, plans and programs, coordinate, orchestrate, and integrate the work of the bureaus and offices under it. It shall direct and supervise such offices, and develop appropriate systems and procedures for their efficient and effective operations.

It shall be headed by an Undersecretary who shall directly supervise the following offices:

a)    Policy and Strategic Research Service (PBRB). The PSRS shall initiate, conduct, review and commission researches and other studies for CARP policy formulation. It shall formulate, advocate, review, monitor and coordinate the implementation of the DAR policy agenda. It shall provide technical support to the Guidelines Drafting Committee and its Technical Working Group in the policy formulation process, and assist in the formulation and development of policy proposals. It shall draft position papers and clarifications on CARP- related policies in response to queries from the public.

b)    Public Relations Service (PRS). The PRS shall generate public support for agrarian reform and sustainable rural development. It shall conduct research and analysis of the public information needs of DAR and other program stakeholders. It shall design, develop, produce and publish information and communication materials and other tools in support of DAR’s agenda and programs. It shall also develop media linkages to enhance media support and public awareness of CARP, as well as monitor and coordinate special events to promote CARP. It shall ensure consistency of messages and a more synchronized handling of events and resources on public issues for greater impact. The PRS shall also be responsible for legislative liaison work such as establishing alliances with the legislature and other sectors, attending hearings on bills, resolutions or other legislative measures that affect CARP, and lobbying for the passage of CARP-supportive legislation.

The functions of Public Affairs Staff and the Legislative Liaison Office under the existing structure are hereby integrated with PRS.

The Office for Legal, Policy & Public Affairs shall have a Legal Services Office, to be headed by an Assistant Secretary, that will focus on the provision of enhanced legal services to the Department, the beneficiaries, and other stakeholders of the Program. It shall be responsible for the review of contracts and other legal matters, the rendition of legal assistance to those who will be affected by the agrarian reform program. It shall represent DAR before judicial, quasi-judicial, and administrative bodies in cases arising from the implementation of agrarian reform. It shall formulate policies, develop plans and programs, initiate new programs, coordinate, orchestrate and integrate the work of the following offices:

a)    Bureau of Agrarian Legal Assistance (BALA). The BALA shall primarily perform the powers and functions assigned to it pursuant to Sec. 21 of EO 129-A. It shall represent the agrarian reform beneficiaries in cases or disputes arising from, or connected with agrarian reform implementation before judicial, quasi-judicial, and administrative bodies. It shall also provide assistance in the conduct of alternative dispute resolution services such as conciliation or mediation. It shall undertake case review, conduct ocular inspection and investigation, and prepare orders, resolutions or decisions of agrarian law implementation cases referred to it pursuant to existing rules and regulations. It shall render legal opinions, as requested, on issues arising from the implementation of agrarian reform. It shall develop plans and programs, formulate guidelines and procedures and provide such assistance as may be necessary to expedite the resolution of agrarian cases.

b)    Special Concerns Staff (SCS). The SCS shall be responsible for handling priority areas/subjects identified by the Secretary that necessitate special and immediate attention. It shall assist in the resolution of urgent and flashpoint cases and shall implement a system for quick response operations (QRO) to ensure prompt actions and referral of these cases to concerned units. It shall also conduct dialogues and establish and maintain a network with the basic sectors, civil society, and government agencies to mobilize support for the resolution of flashpoint cases.

The Center for Land Use, Policy, Planning and Implementation (CLUPPI), created pursuant to DAR Administrative Order (AO) No. 14, Series of 1994, shall be under the direct supervision of the Assistant Secretary for Legal Services. The CLUPPI shall continue to exercise the functions assigned to it under AO 14 (1994) and other existing rules and regulations relative, among others, to the formulation of policies on land use conversion, review, processing and verification or conversion applications, and coordination with other concerned government agencies on land use matters. The CLUPPI-2, which was created pursuant to DAR Memorandum Circular No. 9, Series of 1997, is hereby merged with the CLUPPI.

SEC. 7.   Office for Operations — The Office for Operations shall formulate programs, coordinate, orchestrate and integrate the work of the bureaus and offices under it. It shall develop systems and procedures, provide overall direction and supervision to field operations, and monitor the performance of field offices.

It shall be headed by an Undersecretary who shall directly supervise the regional, provincial and field offices.

The Office for Operations shall have an Operations Support Office, to be headed by an Assistant Secretary, which shall provide focused, integrated, coherent and unified support to field operations.

It shall formulate programs, coordinate, orchestrate and integrate the work of the following bureaus and offices:

a)   Bureau of Land Tenure Improvement (BLTI). The BLTI shall absorb the relevant functions of the Bureau of Land Acquisition and Distribution (BLAD) and the Bureau of Land Development (BLD), as provided for in Sec. 19 and 20 of E.O. 129-A. It shall formulate policies, plans and programs on land tenure improvement and land productivity. It shall provide technical assistance and services on land identification, land surveys and analysis of land resource features, physical infrastructure design planning, land valuation and documentation, land distribution, leasehold arrangements and other tenurial improvement schemes. It shall also review, analyze and verify land tenure documents and spearhead functional competency development of concerned of DAR personnel on land tenure improvement and land productivity.

The functions of the Bureau of Land Acquisition and Development (BLAD) and the Bureau of Land Development (BLD) under the existing structure are hereby integrated with BLTI.

b)   Bureau of Agrarian Reform Beneficiaries Development (BARBD). The BARBD shall formulate policies, plans, programs and models, and provide technical assistance for the development of agrarian reform beneficiaries and their communities. It shall institutionalize the development processes for agrarian reform beneficiaries and communities through the establishment of model programs and pilot projects, manualization and development of information, education and communication (IEC) materials, administrative issuances and policy papers. It shall also spearhead functional competency development on program beneficiaries development. It shall continue to perform the duties and responsibilities assigned to it under Sec. 23 of EO 129-A and such other pertinent laws and regulations.

c)   National and Global Development Cooperation Staff (NGDCS). The NGDCS shall formulate policies, guidelines and systems, and provide technical assistance on project development and management and resource mobilization. It shall prepare program/project proposals in accordance with the standards of concerned government entities and donor institutions, and ensure acceptability of such proposals by NEDA and other approving authorities. It shall determine funding requirements and generate foreign and local funds/resources for programs and projects through the establishment and maintenance of linkages with foreign funding institutions, other donors, government agencies, private sector and local government units. It shall supervise, monitor and evaluate the implementation of projects to ensure that targets and commitments are duly accomplished. It shall spearhead functional competency development of concerned DAR personnel on project development and management and resource mobilization.

The Project Development Management Staff (PDMS) and the Foreign-Assisted Projects Office (FAPSO) under the existing structure are hereby integrated with NGDCS.

There shall be an Investment Promotions Unit (IPU) under the Office of the Assistant Secretary for Operations Support. The IPU shall operationalize and monitor the various projects under the civic entrepreneurship programs of the Department, i.e., MAGKASAKA Program, Farmers’ Trust, etc. and develop production system models for adoption at the field level. It shall conduct industry and commodity studies and analyses toward identifying investment opportunities in the agrarian/agri-sector. It shall determine market trends, and review and evaluate feasibility studies on joint venture projects. It shall also link up with other agencies on agri-business concerns.

SEC. 8.   Office for Management Services — The Office for Management Services shall supervise all units that provide services to the organization towards the achievement of an effective and efficient bureaucracy. It shall formulate policies, plans and programs, coordinate, orchestrate, and integrate the work of the bureaus and offices under it.

It shall be headed by an Undersecretary who shall directly supervise the following offices:

a)      Corporate Planning Service (CPS). The CPS shall monitor plan implementation, process macro-economic indicators, and anticipate strategic issues affecting program directions and annual plan implementation in order to sharpen assumptions and identify trends. It shall orchestrate the strategic planning process by providing the planning framework, guidelines, timetable and technical assistance. It shall also conduct a regular assessment of the Department’s performance against targets, and provide management with timely reports on program/plan accomplishment, progress and results. In addition, it shall initiate, orchestrate and consolidate the DAR strategic and medium-term development plans and ensure their operationalization across DAR offices. It shall spearhead functional competency development in planning across offices and units.

b)      Information Management Service (IMS). The IMS shall formulate information management policies, guidelines and a cost-effective and appropriate information systems architectural plan. It shall provide solutions to assessed needs and requirements related to information technology of DAR units, and design, develop, install and maintain information systems and a communications network for optimum utilization. It shall also provide timely information retrieval and delivery service through the management of critical databases. In addition, it shall spearhead the development of an information technology (IT)-empowered DAR personnel.

The Office for Management Services shall have a Resource Management Office, to be headed by an Assistant Secretary, which shall provide focus and strengthen accountability for the management of the Department’s financial, manpower and physical resources. It shall formulate programs, coordinate, orchestrate and integrate the work of the following offices.

a)    Finance Service. The Finance Service shall direct and strengthen the financial management capability of DAR to support the strategic thrusts. It shall formulate financial policies, systems and guidelines, and ensure the proper allocation, accounting and control of funds to support approved programs/projects in accordance with government regulations. It shall orchestrate the budget development, execution and monitoring process, as well as consolidate, package and justify the DAR budget for legislative hearings and other presentations. In addition, it shall provide management with timely and reliable financial reports, and spearhead functional competency development on finance management.

b)    Administration Service. The Administration Service shall formulate policies, processes, guidelines and procedures on administrative concerns. It shall procure supplies, materials and equipment for the Department, and ensure their timely issuance and proper disposal. It shall also maintain records and handle the releasing and proper disposal of administrative orders, issuances and other circulars. It shall provide transport and logistical support and maintenance, cashiering and messengerial services, as well us security and safety measures and control. It shall handle building maintenance and housekeeping, and spearhead functional competency development in administration.

c)    Human Resource Development and Management Service (HRDMS). The HRDMS shall formulate human resource policies, processes, systems, plans and programs, and orchestrate the performance management process. It shall conduct organizational diagnosis, value formation, team strengthening, change management programs in order to align the organization with new agrarian reform and rural development approaches and strategies. It shall provide technical assistance and oversee competency development related to maintenance functions through training administration and other interventions. It shall formulate position standards and undertake recruitment and selection of personnel. It shall provide accurate and timely information on the organization’s human resources, and manage personnel files, and internal communication materials and programs. It shall oversee the employee relations program, administer employee benefits, conduct investigations, and provide assistance in the resolution of employee discipline cases.

The relevant functions of Bureau of Agrarian Reform Information and Education (BARIE) under Section 22 of EO 129-A, Personnel Division of the Administrative Service and Legal Service under the existing structure are hereby integrated with HRDMS.

B.        FIELD OFFICES

SEC. 8.   Composition of Field Offices — The Field Offices of the Department shall consist of the Regional Agrarian Reform & Rural Development Offices, the Provincial Agrarian Reform & Rural Development Offices, and the Field Agrarian Reform & Rural Development Offices. (The revised organizational structure for the Field Offices is presented in Annex “B” which forms an integral part hereof).

SEC. 9.   Regional Agrarian Reform & Rural Development Offices — The Department shall have 14 Regional Offices to be known as “Regional Agrarian Reform & Rural Development Offices”. Each Regional Office shall be headed by a Regional Director, assisted by two (2) Assistant Regional Directors, who shall report directly to the Undersecretary for Operations. The Regional Agrarian Reform & Rural Development Offices shall provide overall direction and supervision, set performance parameters and standards, and monitor program implementation in the region. They shall coordinate, orchestrate, integrate and monitor the work of the provincial and field offices.

Each Regional Office shall have a Regional Management Service, to be headed by an Assistant Regional Director, which shall supervise all units providing services to the regional organization towards the achievement of an efficient and effective bureaucracy. It shall coordinate, orchestrate, and integrate the work on resource management of provincial and field offices. It shall undertake systems development across divisions under it, as follows:

a)      Finance and Administration Division which shall be responsible for budgeting and accounting and for consolidating provincial financial reports. It shall administer procurement, records management, and auxiliary services at the regional level.

b)      Planning Division which shall be responsible for regional development planning as well as work and financial planning. It shall monitor and evaluate program plan implementation and regional performance against targets.

c)      Human Resource Development and Management Division which shall be responsible for personnel administration, conduct training and development, and internal communication activities at the regional level.

The functions of Information and Education Division geared towards DAR personnel are hereby absorbed by the HRDM division.

There shall also be, for each Regional Office, a Regional Operations Support Office, to be headed by an Assistant Regional Director, which shall provide administrative supervision to all units providing services to provincial operations. It shall coordinate, orchestrate, and integrate the work of the divisions concerned with operations. It shall undertake systems development across such divisions, as follows:

a)      Rural Development Coordination Division which shall be responsible for sectoral planning, project development and management, and resource mobilization at the regional level. It shall coordinate and monitor sustainable rural development plans and programs on land tenure improvement and program beneficiaries development. It shall also provide technical assistance to the provincial offices on operations support, promotion of civic entrepreneurship and implementation of programs and projects on sustainable rural development.

The functions of the Support Services Division/Project Development and Implementation Division and the Operations Division under the existing structure are hereby integrated with the Rural Development Coordination Division.

b)      Legal Assistance Division which shall be responsible for case identification and documentation, representation in cases involving DAR personnel and agrarian reform beneficiaries and the expeditious resolution of cases at the regional level. It shall also handle special concerns and flashpoint cases.

c)      Public Relations Division which shall be responsible for tri-media campaigns at the regional level and for the production of communication materials aimed at the different publics. It shall also be responsible for networking and advocacy activities geared towards gaining greater public awareness and support for DAR programs and projects.

SEC. 10. Provincial Agrarian Reform & Rural Development Offices — In lieu of the Provincial Agrarian Reform Offices, there shall be Provincial Agrarian Reform & Rural Development Offices, each to be headed by a Provincial Director, assisted by an Assistant Provincial Director, as the Secretary may determine. The Provincial Agrarian Reform & Rural Development Offices shall provide overall direction and supervision of the frontline operations of the Department. They shall facilitate land surveys and the approval of survey results, land valuation and compensation at the provincial level. They shall administer the registration, signing and sealing of Emancipation Patents (EPs) and Certificate of Land Ownership Awards (CLOAs). They shall also conduct progress monitoring and assessment, and provide technical support to field operations.

The Provincial Director shall directly supervise the following offices:

a)      Rural Development Division, which shall be organized in lieu of the Beneficiaries Development Coordination Division. It shall be responsible for sustainable ARB and ARC development planning activities, project development, and resource mobilization at the provincial level. It shall also provide technical support to field operations on beneficiaries development, promotion of civic entrepreneurship and implementation of programs and projects on sustainable rural development.

b)      Land Tenure Improvement Division which shall be organized in lieu of the Operations Division. It shall be responsible for the award and management of land surveys at the provincial level. It shall process case folders, generate and register EPs and CLOAs, and coordinate the installation of farmer beneficiaries in distributed lands. It shall also provide technical support to field operations on land tenure improvement.

c)      Legal Assistance Division which shall provide legal support to field operations. It shall handle mediation, conciliation and legal representations and special concerns at the provincial level.

Each Provincial Office shall have a Provincial Management Service, to be headed by the Assistant Provincial Director, which shall supervise all units providing services to the field organization. They shall coordinate, orchestrate and integrate the work of the following offices:

a)    Finance and Administration Division which shall be responsible for funds allocation, accounting, procurement, and records management, and provide finance, administration and auxiliary support to field operations.

b)    Planning Division which shall be responsible for integrated provincial development planning, as well as work and financial planning. It shall monitor and evaluate program plan implementation and regional performance against targets. In addition, it shall perform information management functions in support to operations.

c)    Human Resource Development and Management Division which shall be responsible for personnel administration, training and development and internal communication activities at the provincial level.

The public relations function which includes tri-media campaigns, conduct of networking and advocacy activities at the provincial office shall be lodged directly under the Provincial Director.

SEC. 11. Field Agrarian Reform & Rural Development Offices — There shall be as many Field Agrarian Reform & Rural Development Offices, as may be necessary, in promoting efficiency and effectiveness in the delivery of services, instead of the present Municipal Agrarian Reform Offices. The Field Agrarian Reform & Rural Development Offices may be established in each municipality or in cluster of municipalities by the Secretary, upon recommendation of the Undersecretary for Operations and the Regional Director concerned.

The Field Agrarian Reform and Rural Development Office shall identify farmer beneficiaries, leaseholders and landowners, as well as document case folders, distribute EPs and CLOAs, improve leasehold arrangements, and install farmer beneficiaries in awarded lands.

It shall undertake beneficiaries development services at the field level, including area development planning, micro-projects identification and development, resource mobilization, as well as conduct community/enterprise organizing and development activities such as training, networking, and information campaigns.

It shall identify and investigate agrarian cases, conduct mediation and conciliation, and handle special concerns at the field level.

The Field Agrarian Reform & Rural Development Office shall be headed by a Field Officer who will supervise first-level field operations. He shall be assisted by Statisticians, Agrarian Reform & Rural Development Technologists, Administrative Clerks, and such other officials and personnel as may be assigned by competent authorities.

ARTICLE III
TRANSITORY PROVISIONS

SEC. 12. Implementation of New Organizational Structure — In accordance with Section 7 of Executive Order No. 290 (2000), which authorizes the Secretary to adopt interim structures and mechanisms pending approval of a Rationalization and Streamlining Plan for the Department, the revised organizational structure as provided herein shall be initially implemented through such orders, designations, directives or instructions, as the Secretary or his duly authorized representatives may issue from time to time, consistent with existing laws and regulations, to operationalize the same, with minimum of disruption of operations, and without sacrificing the efficient and effective delivery of services to the public. Full implementation of the reorganization shall be undertaken upon approval of a Rationalization and Streamlining Plan by competent authorities.

SEC. 13. Preparation of Rationalization and Streamlining Plan — To fully implement the reorganization envisioned herein, the Task Force on Organizational Development created pursuant to DAR Special Order No. 930, Series of 2000, shall prepare a Rationalization and Streamlining Plan (RSP), in coordination with the Office for Management Services, consistent with Executive Order No. 290 (2000).

ARTICLE IV
FINAL PROVISIONS

SEC. 14. Repealing Clause — This Order modifies or repeals all orders, circulars, instructions or issuances inconsistent herewith.

SEC. 15. Separability Clause — In the event any of the provisions of this Order is declared unconstitutional, the validity of the other provisions shall not be affected by said declaration.

SEC. 16. Effectivity — This Order shall take effect immediately.

Adopted: 09 Oct. 2000

(SGD.) HORACIO R. MORALES, JR.
Secretary

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