WHEREAS, it
is the declared policy of the Government to provide more protection and
assistance to small settlers and landholders and members of cultural
minorities in their struggle for recognition of their right to the land
which they occupy;chanroblesvirtualawlibrary
WHEREAS, social unrest, which sometimes precipitates clashes among our
people, often results from long-drawn disputes between big landholders
and poor, landless settlers, or between Christians and members of our
cultural minorities; chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to direct and coordinate the
activities, particularly the investigation work, of the various
government agencies involved in land problems to ensure their speedy,
peaceful and satisfactory solution;chanroblesvirtualawlibrary
WHEREAS, the successful intercession of the PACLAP in many serious and
critical land problems has proved to the efficacy of an action-oriented
approach to the solution of these problems, and the necessity of
continuing its work in potential land-problem areas;chanroblesvirtualawlibrary
WHEREAS, there is a need to reconstitute the membership of the PACLAP
due to the implementation of the Integrated Reorganization Plan and the
reorganization of the Department of Agriculture and Natural Resources
into two departments; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers in me
vested by the Constitution, do hereby order and decree to be part of
the law of the land, the following:cralaw:red
Section 1. Reorganization of the Presidential Action
Committee on Land Problems. — The Presidential Action Committee on Land
Problems, herein referred to as the PACLAP, created by Executive Order
No. 251, dated July 31, 1970, as amended by Executive Order No. 305,
dated March 19, 1971, is hereby reorganized as follows:cralaw:red
Secretary of Natural Resources Chairman
PANAMIN Secretary Member
Deputy Executive Secretary Member
Undersecretary of Agriculture Member
Undersecretary of Justice Member
Undersecretary of Agrarian Reform Member
Undersecretary of National Defense Member
Chief of Constabulary Member
Commissioner of Land Registration Member
Chief, Citizen's Legal Assistance Office Member
Director of Lands Member
Director of Forest Development Member
Director of Mines Member
The PACLAP shall have a Policy Body which shall formulate its policies
and submit them for its approval. The Policy Body shall be composed of
the Secretary of Natural Resources, as Chairman, and the following
members: the PANAMIN Secretary, the Deputy Executive Secretary, the
Undersecretary of Agriculture, the Undersecretary of Justice, the
Undersecretary of Agrarian Reform, and the Undersecretary of National
Defense. Said Body shall meet upon the call of its Chairman.
The PACLAP shall also have an Executive Committee which shall implement
its policies and be in charge of its overall operations. It shall be
composed of the Director of Lands, as Chairman, and the following
members: the Director of Forest Development, the Chief of the Citizens
Legal Assistance Office, the Commissioner of the Land Registration
Commission, the Chief of Constabulary, and the Director of Mines. Said
Executive Committee shall meet on call of its Chairman.
The Chairman of the PACLAP may create such sub-committees and positions
as may be necessary to enable the PACLAP to perform its functions and
discharge its duties effectively.
All the government agencies represented in the membership of the PACLAP
and other agencies involved in land problems or disputes shall be
member agencies thereof.
Section 2. Functions and duties of the PACLAP. — The
PACLAP shall have the following functions and duties:cralaw:red
1. Direct and coordinate the activities, particularly
the investigation work, of the various government offices and agencies
involved in land problems or disputes, and streamline administrative
procedures to relieve small settlers and landholders and members of
cultural minorities of the expense and time-consuming delay attendant
to the solution of such problems or disputes;chanroblesvirtualawlibrary
2. Refer for immediate action any land problem or
dispute brought to the attention of the PACLAP, to any member agency
having jurisdiction thereof: Provided, That when the Executive
Committee decides to act on a case, its resolution, order or decision
thereon, shall have the force and effect of a regular administrative
resolution, order or decision, and shall be binding upon the parties
therein involved and upon the member agency having jurisdiction thereof;chanroblesvirtualawlibrary
3. Recommend to the President innovative, bold and
decisive measures to resolve expeditiously cases involving, among
others, (a) public lands that have been titled in a manifestly
erroneous or illegal manner, and (b) implementation of
decisions/resolutions of administrative/quasi-judicial agencies vested
with jurisdiction to resolve land problems or disputes;chanroblesvirtualawlibrary
4. Evolve and implement a system of procedure for the
speedy investigation and resolution of land disputes or problems at
provincial level, if possible;chanroblesvirtualawlibrary
5. Undertake a comprehensive study of the causes of
land disputes or problems in the country and recommend to the President
of the Philippines policies and courses of action to avoid or, at
least, minimize their occurrence;chanroblesvirtualawlibrary
6. Study and review present policies as embodied in
land laws and administrative rules and regulations, in relation to the
need for land of the agro-industrial sector and the small farmer, with
the end in view of evolving and recommending new laws and policies and
establishing priorities in the grant of public lands; chanroblesvirtualawlibrary
7. Maintain a systematic and permanent management of
all records pertaining to land disputes or problems; and
8. Perform such other functions as may hereafter be
assigned to it by the President of the Philippines.
In the performance of its functions and discharge of its duties, the
PACLAP is authorized, through its Chairman, to issue subpoena and
subpoena duces tecum for the appearance of witnesses and the production
of records, books and documents before it. It may also call upon any
department, office, agency or instrumentality of the National
Government, including government-owned or controlled corporations, and
local government for assistance. This authority is, likewise, conferred
upon the Chairman of the Provincial Committee.
Section 3. Executive Director and Secretariat. — In
the performance of its functions and discharge of its duties, the
PACLAP shall be assisted by an Executive Director and an Assistant
Executive Director who shall both be appointed by the Chairman, and who
shall have the rank and shall receive the salary of Assistant Secretary
and Department Service Chief, respectively. It shall have a
Secretariat, with such personnel as may be necessary, which shall be
under the immediate direction and supervision of the Executive
Director. The personnel of the Secretariat and other officials and
employees of the PACLAP shall be appointed and their compensation fixed
by the Chairman, upon recommendation of the Executive Director.
Section 4. Provincial PACLAP Committee. — When
conditions in any province so warrant, the PACLAP shall create a
Provincial PACLAP Committee which shall be composed of the
following: chanroblesvirtualawlibrary
Provincial Commander, Philippine
Constabulary Chairman
District Land Officer Vice-Chairman
District Forester Member
Register of Deeds Member
A representative from the
Department of Agrarian
Reform Member
A Representative each of the
PANAMIN and Citizens Legal
Assistance Office, if
available Members
Provincial Fiscal Legal Adviser ex-officio
Assistant Provincial Commander Action Officer chanroblesvirtualawlibrary
The Provincial PACLAP Committee shall receive and investigate cases
referred to it by the PACLAP or brought to it by private complainants,
resolve cases that it can decide or settle by itself, and submit its
report thereon to the PACLAP. It shall also submit to the PACLAP its
report, together with the separate investigation report of the local
agency concerned, regarding cases which are beyond its competence to
resolve or decide.
Section 5. Creation of Special Action Group. — Within
thirty (30) days after the effectivity of this Decree, the heads of the
PACLAP member agencies shall create in their respective agencies, a
Special Action Group which shall have the following functions and
duties:cralaw:red
1. Prepare a program of action for the agency in
relation to its role in the settlement of land disputes or problems;chanroblesvirtualawlibrary
2. Receive and investigate cases referred to the
agency by the PACLAP and submit its report thereon;chanroblesvirtualawlibrary
3. Evolve and implement reasonable, expeditious
office procedures to ensure immediate action; and
4. Develop communication/transportation network with
the Provincial PACLAP Committee, other Special Action Groups and the
Secretariat.
Section 6. Rules and regulations. — The Chairman
shall issue the necessary rules and regulations to carry out the
provisions of this Decree.
Section 7. Appropriations. — There is hereby
authorized to be appropriated out of any funds in the National Treasury
not otherwise appropriated, the sum of TWO MILLION PESOS
(P2,000,000.00) for the operation of the PACLAP for the current fiscal
year. Thereafter, the necessary amount for its operation shall be
included in the annual general appropriation law.
Section 8. Repeal of inconsistent laws. — Executive
Orders No. 251, dated July 31, 1970, and No. 305, dated March 19, 1971,
and laws, administrative orders, or parts thereof inconsistent herewith
are repealed or amended accordingly. chanroblesvirtualawlibrary
Section 9. Effectivity. — This Decree shall take
effect upon promulgation.
Done in the City of Manila,
this 27th day of November, in the year of Our Lord, nineteen hundred
and seventy-five.
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