Presidential Decree No. 1426 (PD 1426) — Granting Emergency Monthly Incentive Allowance to Lawyers in the Bureau of Agrarian Legal Assistance and in the Regional and Field Offices of the Department of Agrarian and Providing Appropriate Funds Therefor.
WHEREAS, it is imperative that the agrarian reform program
of the government be implemented with maximum efficiency and speed;
WHEREAS, in the implementation of the program there are many
legal problems that have arisen requiring the continuous and dedicated service
of the lawyers;
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 be beneficiaries of the
agrarian reform program;
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 lawyers 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:
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:
Position
Monthly Incentive Allowance
1st Step
2nd Step
2nd Step
Group A
P 200
P 100
P 100
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 -
SEC. 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 each other DAR
lawyers who are performing supportive legal services shall be given fifty
percent (50%) of the incentive allowances corresponding to the above groupings
where his CCPC salary range or CESO rank belong.
SEC. 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 allowances herein
provided.
SEC. 4. The Secretary of Agrarian Reform shall, through the
recommendation of the BALA Director, promulgate rules and regulations for the
implementation of this Decree.
SEC. 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.
SEC. 6. All laws, decrees, executive orders, rules and
regulations, or part thereof inconsistent with this Decree are hereby repealed,
amended or modified accordingly.
SEC. 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.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
