EXECUTIVE ORDER NO. 122
EXECUTIVE ORDER NO. 122 -
ABOLISHING THE OFFICE OF MUSLIM AFFAIRS AND CULTURAL COMMUNITIES
RECALLING
that the reorganization of the government is mandated expressly on
Article II, Section 1 (a), and Article III of the Freedom
Constitution;
HAVING IN MIND that pursuant to Executive Order No. 5 (1986) it is
directed that necessary and proper changes in the organizational and
functional structures of the government, its agencies and
instrumentalities be effected in order to promote efficiency and
effectiveness in the delivery of public services;
AFFIRMING that the new administration is committed to formulate and
implement more rigorous development policies, plans, programs, and
projects for Tribunal Filipinos otherwise known as Indigenous Cultural
Communities, and for Muslim Filipinos, taking into consideration their
respective aspirations, customs, traditions, institutions and
interests, in order to promote and preserve their rich cultural
heritage and insure their involvement in the country’s national unity
and development;
AFFIRMING FURTHER that the creation of specialized agencies and
functions has become a national demand necessary to effectively realize
the foregoing policies, plans, programs and projects;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign will of the Filipino
People and the Freedom Constitution, do hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of Government Agencies on
cultural communities and Muslim Affairs.
Sec. 2. Reorganizational Changes. — The Office of
Muslim Affairs and Cultural Communities is hereby abolished and in its
place are created, by the executive orders respectively creating them,
the Office for Northern Cultural Communities and the Office for
Southern Cultural Communities, which shall absorb all the functions of
the Bureau of National Minorities and the Office of Muslim Affairs,
which shall absorb all the functions of the Bureau of Muslim
Affairs.
Sec. 3. Funds and Assets. — Upon the approval of
the executive orders respectively creating the Office for Northern
Cultural Communities, Office for Southern Cultural Communities and the
Office on Muslim Affairs, the assets and liabilities of the Office of
Muslim Affairs and Cultural Communities shall be divided as follows:
(a)
All records, equipment, facilities, choses in action, rights and other
assets of the defunct Presidential Assistant on National Minorities
brought into the merger under Executive Order No. 969, and all records,
equipment, facilities, choses in action, rights and other assets
presently assigned to the Bureau of National Minorities, including its
units, field offices, sub-offices and service centers shall accrue in
the Offices for Northern Cultural Communities and Southern Cultural
Communities;
(b) All
records, equipment, facilities, choses in action, rights and other
assets of the defunct Ministry of Muslim Affairs brought into the
merger under Executive Order No. 969 and all records, equipment,
facilities, choses in action, rights and other assets presently
assigned to the Bureau of Muslim Affairs, including its units, field
offices, sub-offices and service centers shall accrue to the Office on
Muslim Affairs;
(c) The
equipment, facilities, and other assets presently assigned to the staff
services and their units shall be inventoried and divided among the
three aforementioned Offices;
(d) Unexpected
balance of the appropriation and savings as well as liabilities, if
any, shall be divided among the three aforementioned Offices.
Sec. 4. Implementing Agency. — An implementing
agency shall be designated by the President to plan and oversee the
implementation of the provisions of the preceding Sec. 3.
Sec. 5. Personnel. — Upon approval of this
Execution Order, the officers (the term “officer” as used in this
Executive Order is intended to be within the meaning of the term
“official” as used in the Freedom Constitution and the succeeding
Constitution) and employees of the Office of Muslim Affairs and
Cultural Communities shall, in a hold over capacity, continue to
perform their respective duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are
separated from the service pursuant to Executive Order No. 17 (1986) or
Article III of the Freedom Constitution. Their rights and privileges
shall also be governed by the executive orders respectively creating
the two aforementioned offices.
Sec. 6. Exercise of Police Power. — The abolition
of the Office of Muslim Affairs and Cultural Communities as prescribed
in the entirety of this Executive Order is hereby intended and deemed
to be an exercise of the police power of the State.
Sec. 7. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Office of the Muslim Affairs and Cultural Communities.
Sec. 8. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall
have the effect of nullifying other portions or provisions hereof as
long as such remaining portions or provisions can still subsist and be
given effect in their entirety.
Sec. 9. Repealing Clause. — All laws, ordinances,
rules, regulations, other issuances or parts thereof, which the
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 10. Effectivity. — This Executive Order shall
take effect immediately upon the approval of the three executive orders
respectively creating the three aforementioned Offices.
APPROVED in the City of Manila,
Philippines, this 30th day of January, in the year of Our Lord,
nineteen hundred and eighty-seven.
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