WHEREAS, it
is imperative that the agrarian reform program of the government be
implemented with maximum efficiency and speed; chanroblesvirtualawlibrary
WHEREAS, in the implementation of the program there are many legal
problems that have arisen requiring the continuous and dedicated
service of the lawyers;chanroblesvirtualawlibrary
WHEREAS, the Bureau of Agrarian Legal Assistant (BALA) of the
Department of Agrarian Reform (DAR) is charged with the functions,
among others, of giving legal assistance and services to the
beneficiaries of the agrarian reform program;chanroblesvirtualawlibrary
WHEREAS, it has been ascertained that several lawyers had left the BALA
and other regional offices of the DAR and still others are intending to
leave due to the low salary being provided for lawyer positions and the
reason why several lawyer positions remain unfilled while other
agencies, including the private sector, continue to attract applicants
to their offices because they offer higher salaries and many fringe
benefits; and
WHEREAS, if the present situation is allowed to continue the speedy
termination of thousands of agrarian cases pending before DAR and the
various courts will be adversely affected and this will be remedied by
giving the remaining lawyers in the BALA and in the DAR regional and
field offices monthly incentive allowances to augment their low
salaries and at the same time attract new lawyer applicants.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. All lawyers in the Bureau of Agrarian
Legal Assistance and in the regional and field offices of the
Department of Agrarian Reform holding regular positions shall receive
monthly incentive allowance in the manner herein indicated, as follows:cralaw:red
Position Monthly Incentive Allowance
1st Step 2nd Step
3rd Step
Group A P200 P100
P100
Trial Attorney II
Legal Officer III
Research Attorney I
Research Attorney II
Group B 250 150
150
Legal Officer IV
Senior Research Attorney
Group C 300 175
175
Trial Attorney III
Senior Legal Officer
Group D 350 200
200
Chief Legal Officer
Trial Attorney IV
Chief Research Attorney
Group E
Assistant Director 1,000 —
Director 1,500 —chanroblesvirtualawlibrary
Section 2. Regular and support personnel of the BALA
who are assigned in the Central office (Bureau Proper) shall be paid
monthly emergency incentive allowance at the rate of fifty percent
(50%) of the corresponding monthly rate provided for in Group A hereof.
However, in cases of other DAR lawyers who are performing supportive
legal services shall be given fifty percent (50%) of the incentive
allowances corresponding to the above groupings were his CCPC salary or
CESO Rank belong.
Section 3. BALA lawyers whose positions are embraced
in the Career Executive Service (CES) shall continue to enjoy whatever
allowances they are entitled to receive under the CES simultaneously
with the allowance herein provided.
Section 4. The Secretary of Agrarian Reform shall,
through the recommendation of the BALA Director, promulgate rules and
regulations for the implementation of this Decree.
Section 5. In order to carry out the provisions of
this Decree the sum of THREE MILLION SEVEN HUNDRED TWENTY-ONE AND TWO
HUNDRED PESOS (P3,721,200.00) is hereby appropriated from the National
Treasury. However, for the current calendar year, the amount necessary
for the payment of the first step of the incentive allowance plan
hereof shall be taken from the salary savings of the Department of
Agrarian Reform. Thereafter, the sum needed to fully implement the
herein incentive allowance plan shall be included in the Annual General
Appropriations Act.
Section 6. All laws, decrees, executive orders, rules
and regulations, or part thereof inconsistent with this Decree are
hereby repealed, amended or modified accordingly.
Section 7. This incentive allowance plan provided
herein shall take effect on January 1, 1978.
Done in the City of Manila,
this 10th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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