Presidential Decree No. 832 (PD 832) — Reorganizing the Presidential Action Committee on Land Problems (Paclap)
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;
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;
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;
WHEREAS, the successful intercession of the PACLAP in many
serious and critical land problems has proved 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;
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 Agricultural and
Natural Resources into two departments;
NOW, THEEEFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order and decree to be part of the law of the land, the
following:
Reorganization of the Presidential Action Committee on Land Problems.
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, hereby reorganized as follows:
Secretary of Natural Resources
Chairman
PANAMIN Secretary
Member
Deputy Executive Secretary
"
Undersecretary of Agriculture Member
"
Undersecretary of Justice
"
Undersecretary of Agrarian Reform
"
Undersecretary of National Defense
"
Chief of Constabulary
"
Commissioner of Land Registration
"
Chief, Citizens Legal Assistance Office
"
Director of Lands
"
Director of Forest Development
"
Director of Mines
"
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 subcommittees 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.
SEC.
2. Functions and duties of the PACLAP.—The PACLAP shall have
the following functions and duties:
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;
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;
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;
Evolve and implement a system of procedure for the speedy
investigation and resolution of land disputes or problems at provincial
level, if possible;
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;
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;
Maintain a systematic and permanent management of all records
pertaining to land disputes or problems; and
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 governments for assistance. This authority is, likewise, conferred
upon the Chairman of the Provincial Committee.
Executive Director and Secretariat.
SEC. 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.
Provincial PACLAP Committee.
SEC. 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:
Provincial Commander, Philippine Constabulary
Chairman
District Land Officer
Vice-Chairman
District Forester
Member
Register of Deeds
Member
A representatative 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
Ex-Officer
Adviser
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.
Creation of Special Action Group.
SEC. 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:
Prepare a program of action for the agency in relation to its
role in the settlement of land disputes or problems:
Receive and investigate cases referred to the agency by the
PACLAP and submit its report thereon;
Evolve and implement reasonable, expeditious office procedures to
ensure immediate action; and
Develop communication/transportation network with the Provincial
PACLAP Committee, other Special Action Groups and the Secretariat.
Rules and regulations.
SEC. 6. Rules and regulations.—The Chairman shall issue
the necessary rules and regulations to carry out the provisions of this
Decree.
Appropriations.
SEC. 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.
Repeal of inconsistent laws.
SEC. 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.
Effectivity.
SEC. 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.
(Sgd.)
FERDINAND E. MARCOS
President
Republic 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).
