EXECUTIVE ORDER NO. 122-A
EXECUTIVE ORDER NO. 122-A -
CREATING THE OFFICE ON MUSLIM AFFAIRS
RECALLING
that the reorganization of the government is mandated expressly in
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;
CONSIDERING that the reconciliatory thrust of the government is
designed to achieve political stability and hasten the emergence of a
truly democratic egalitarian and service-oriented system of
government;
AFFIRMING that adequate representation of the Muslim Filipinos in the
policy-making councils of the Government will strengthen national
unity;
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 Act creating the Office on Muslim
Affairs.
Sec. 2. Office on Muslim Affairs. — The Office on
Muslim Affairs, hereinafter referred to as Office, is hereby created in
accordance with the provisions of this Executive Order and subject to
the supervision and control of the President.
Sec. 3. Delegation of Policy. — It is henceforth
the policy of the State to ensure the rights and well-being of Muslim
Filipinos with due regard to their beliefs, customs, traditions and
institutions, as well as to further ensure their contribution to
national goals and aspirations and to make them active participants in
nation- building.
Sec. 4. Mandate. — The Office shall preserve and
develop the culture, traditions, institutions and well being of Muslim
Filipinos, in conformity with the country’s laws and in consonance with
national unity and development.
Sec. 5. Powers and Functions. — To accomplish its
mandate, the Office shall have the following powers and
functions:
(a)
Provide advice and assistance to the President in the formulation,
coordination, implementation and monitoring of policies, plans,
programs, and projects affecting Muslim communities; when so
authorized, represent the President on matters concerning Muslim
Communities; serve as a link between the President and public or
private agencies, internal or external, involved in such programs such
affirmative actions as may be necessary for their efficient and
effective implementation;
(b) Undertake
and coordinate development programs and projects for the advancement of
Muslim Communities; including designing, implementing, and maintaining
settlements of Muslim Communities;
(c) Act as the
primary government agency through which Muslim Filipinos can seek
government assistance and redress; serve as the medium through which
such assistance may be extended to Muslim Filipinos; for this purpose,
the Office is hereby authorized to give grants-in-aid out of its
appropriations or other appropriate funds to cooperation government
agencies for such programs or projects which are for the development of
Muslim Communities; provide services including legal assistance,
medical aid, relief and other forms of assistance for the
socio-economic upliftment of Muslim Communities;
(d) Enter,
subject to existing laws, policies and guidelines, into such contracts,
agreements or arrangements with government or private agencies or
entities as may be necessary to attain the objectives of the Office,
including obtaining loans lending institutions, subject to the approval
of the President, which shall finance its implementation of the
provisions of this Executive Order;
(e) In
accordance with pertinent laws, rules and regulations then in force,
and subject to guidelines provided by the President, promote and
enhance the development of domestic trade and commerce among the
members of the Muslim communities; to promote and facilitate the
establishment by members of the Muslim Communities of venture and
investments in cooperation or coordination with existing public
enterprises, corporations or private entities; or subject to prior
approval of the President, initiate and/or organize, in accordance with
pertinent laws, rules and regulations then in force, enterprises based
on the principles of Islamic business and finance consisted with
existing policies and guidelines for the benefit and welfare of the
regions of autonomy;
(f) Accept
grants, donations, gifts, funds and/or properties in whatever form and
from whatever source, in coordination with the appropriate agency, for
the benefit of Muslim Filipinos, and administer the same in accordance
with the terms thereof, or in the absence of any condition, in such
manner consistent with the interest of Muslim Filipinos as well as
existing laws;
(g) Undertake
studies establish and maintain ethnographic research centers and
museums on the culture and institutions of Muslim Filipinos for policy
formulation and program implementation, and for the purpose of
preserving their historical heritage;
(h) Certify,
whenever appropriate, membership of persons in Muslim Communities for
purposes of establishing qualifications for specific requirements of
government and private agencies or for benefits as may be provided by
law;
(i) Initiate,
subject to the approval of the President, eminent domain proceedings in
pursuance of the aims and purposes of this Executive Order;
(j) Acquire,
lease or own such property or assets in whatever form as may be
necessary and sell or otherwise dispose of the same, and serve as the
custodian or administrator of such lands or areas and other properties
or assets the President may reserve for the benefit of Muslim
Communities;
(k) Conduct
inspections or surveys, jointly with other appropriate agencies, and
issue necessary certifications prior to the grant of any license, lease
or permit for the exploitation of natural resources affecting the
interests of Muslim Communities or areas occupied by them; and, in case
of conflicts, recommend to the President appropriate action under the
circumstances;
(l) Provide
legal and technical services for the survey, adjudication, titling and
development of Muslim ancestral lands as well as settlements proclaimed
by the government for the Muslim Filipinos;
(m) Initiate,
plan, integrate, execute, implement, coordinate, manage, supervise and
administer all aspects and phases of programs, projects and activities
relevant to the annual hajji (pilgrimage) to Mecca, Saudi Arabia;
(n) Coordinate
with and obtain assistance, support and cooperation, from other
offices, including the private sector to ensure the success of every
such pilgrimage to Mecca, Saudi Arabia;
(o) Conduct a
continuing study on, and submit to the President recommendation for,
improving and modernizing the system employed to ensure the success of
every such pilgrimage to Mecca, Saudi Arabia;
(p) Prescribe
rules and regulations, on the administration, supervision and orderly
conduct of such pilgrimage to Mecca, Saudi Arabia;
(q)
Administer, hold in trust, awqaf (endowments) properties and/or
awqafnvestments in accordance with the principle of Islamic investment
and finance;
(r) Prescribe
rules and regulations for the establishment of awqafnstitutions,
administration of awqaf assets, and settlements of disputes among
awqaf beneficiaries, pursuant to the general principles of
Shari’ah (Islamic Law);
(s) Formulate
and adopt a program for the development of the Madrasah schools, in
cooperation and coordination with appropriate agencies of government,
including the strengthening of programs on Islamic studies; and conduct
continuing programs on legal education and research in the field of
Shari’ah and Islamic jurisprudence;
(t) Perform
such other related functions as may be incidental or necessary in the
attainment of the objectives of the Office as may be directed by the
President or assigned by Law.
Sec. 6. Membership. — The Office shall be composed
of an Executive Director and two (2) Deputy Executive Directors, all of
whom shall be appointed by the President.
Sec. 7. Rules and Regulations. — The Office is
hereby authorized to establish and prescribe the rules and regulations
governing the conduct of its operations.
Sec. 8. Administrative Supervision and Control. —
The administrative supervision and control over the personnel, other
than the Deputy Executive Director, and the properties of the Office
shall be vested in the Executive Director. Except Presidential
appointees, the appointment of and the imposition of disciplinary
measures on the same personnel shall likewise be bested in the
Executive Director who shall accomplish the same in consultation with
the Deputy Executive Directors except that, when the administrative
charge entails, considering the circumstances alleged in the complaint,
the penalty of dismissal from the service, the decision thereon shall
be by the majority of all the members of the Office. The Executive
Director shall exercise administrative supervision over the Deputy
Executive Directors. The Deputy Executive Directors shall assist the
Executive Director in the performance of his functions, who may assign
or delegate specific and substantive or administrative responsibilities
to either of them.
Sec. 9. Structural Organization. — The Office on
Muslim Affairs, comprising the offices of the Executive Director and
the Deputy Executive Directors and their immediate staff, shall consist
of Services, Bureaus, Regional Offices, Field Offices and Sub-offices
and may be established in accordance with this Executive Order.
Sec. 10. Services. — The Services of the Office
shall consist of the Administrative Service, Finance and Management
Service, Planning Service and Legal Service each of which shall be
headed by a Staff Director.
Sec. 11. Administrative Service. — The
Administrative Service shall be responsible for providing the Office
with efficient and effective staff services relating to personnel,
information, records, supplies, equipment, collection, disbursement,
security and custodial work.
Sec. 12. The Finance and Management Service. — The
Finance and Management Service shall be responsible for providing the
Office with efficient and effective staff advice and assistance on
budgetary, financial and management matters.
Sec. 13. Planning Service. — The Planning Service
shall be responsible for providing the Office with efficient and
effective staff services, relating to planning, monitoring, programming
and project development.
Sec. 14. Legal Service. — The Legal Service shall
be responsible for providing Muslim Filipinos with the legal education
and assistance in case of litigations involving their persons or
interests; acts as the legal counsel of the Office, and investigate
cases involving the personnel of the Office and submit the appropriate
recommendations pertaining thereto.
Sec. 15. Bureaus. — The Bureaus of the Office
shall consist of: the Bureau of Muslim Cooperatives Development, Bureau
of Cultural Affairs and Bureau of Muslim Settlements, and Bureau of
External Relations, each of which shall be headed by a Bureau Director.
Sec. 16. Bureau of Pilgrimage and Endowment. — The
Bureau of Pilgrimage and Endowment shall be primarily responsible for
the administration of the annual Muslim pilgrimage to Mecca, Saudi
Arabia; the formulation and implementation of programs, projects and
activities for the efficient and effective administration and
supervision of the conduct of pilgrimage activities, Awqaf (Endowment)
properties and institutions; the conduct of researches and studies for
the establishment and maintenance of hajji towns, Islamic centers and
Awqaf projects.
Sec. 17. Bureau of Muslim Cooperatives
Development. — The Bureau of Muslim Cooperatives Development shall be
primarily responsible for promoting and developing cooperative
endeavors among Muslim Filipinos, including the conduct of researches,
symposia, seminars and other development programs and projects as may
be directed by the President.
Sec. 18. Bureau of Muslim Cultural Affairs. — The
Bureau of Muslim Cultural Affairs shall be primarily responsible for
the development, promotion and enhancement of Muslim culture and
institutions; undertake researches and studies on policy formulation
and program implementation, as well as establish and maintain research
centers and museums, on Muslim culture and institutions; directly
implement development projects and/or provide and coordinate relief
assistance to Muslim communities; formulate and implement madrasah
development programs; conduct and undertake Shari’ah legal education.
Sec. 19. Bureau of Muslim Settlements. — The
Bureau of Muslim Settlements shall be responsible for the promotion and
development of Muslim settlements, including coordination for relief
assistance therefore, the conduct of studies and researches thereon,
the monitoring of activities therein as well as introduction of support
programs for the benefit of Muslim communities.
Sec. 20. Bureau of External Relations. — The
Bureau of External Relations shall coordinate with the proper agencies
in soliciting assistance from Muslim countries, their organizations and
offices for the benefit of Muslim communities in the Philippines.
Sec. 21. Regional Offices, Field Offices,
Sub-offices. — The Office is hereby authorized to establish, operate
and maintain Regional Offices in such appropriate administrative
regions of the country, each of which shall be headed by a Regional
Director. A Regional Office shall have, within its administrative
region, the following functions;
(a)
Implement laws, rules, regulations, policies, programs and projects of
the Office;
(b) Provide
efficient and effective service to Muslim Office;
(c) Coordinate
with regional offices of ministries, offices and agencies in the
administrative region;
(d) Coordinate
with local government units;
(e) Perform
such other functions as may be provided by law.
The Office is likewise authorized to establish, operate and maintain
field offices and sub-offices, whenever necessary, appropriate and
feasible, the functions of which shall be determined by the Office.
Sec. 22. Contracts, Agreements and Obligations. —
All existing legitimate contracts, agreements, and other obligations
entered into or incurred by the defunct Office of Muslim Affairs and
Cultural Communities and other affected offices, as may be pertaining
to such powers and functions which may have been succeeded to by the
Office, shall continue to be in force, subject, insofar as the law may
allow to review by the Office and subsequent legal action as may be
proper, just and fair.
Sec. 23. New Structure and Pattern. — The position
structure and staffing pattern of the Office shall be approved and
prescribed by the Executive Director within one hundred twenty (120)
days from the approval of this Executive Order and the authorized
positions created thereunder shall be filled with regular appointments
by him or by the President, as the case may be. Incumbents of the
defunct Office of Muslim Affairs and Cultural Communities whose
positions are not included therein or who are not reappointed shall be
deemed separated from the service. Those separated from the service
shall receive the retirement benefits to which they may be entitled
under existing laws, rules and regulations. Otherwise they shall be
paid the equivalent of one-month basic salary for every year of
service, or equivalent nearest fraction thereof favorable to them on
the basis of the highest salary received, but in no case shall such
payment exceed the equivalent of 12 months salary.
No court or administrative body shall issue any writ of preliminary
injunction or restraining order to enjoin the separation/replacement of
any officer (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) or employee
effected under this Executive Order.
Sec. 24. Periodic Performance Evaluation. — The
Executive Director is hereby required to formulate and enforce a system
of measuring and evaluating periodically and objectively the
performance of the Office and submit the same annually to the
President.
Sec. 25. Prohibition Against Change. — No change
in the reorganization herein prescribe shall be valid except upon prior
approval of the President for the purpose of promoting efficiency and
effectiveness in the delivery of public service.
Sec. 26. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from the funds
available in the Office of Muslim Affairs and Cultural Communities.
Sec. 27. Implementing/Authority of Executive
Director. — The Executive Director shall issue such orders, rules,
regulations and other issuances as may be necessary to ensure the
effective implementation of this Executive Order.
Sec. 28. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall not
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. 29. Repealing Clause. — All laws, ordinances,
rules, regulations, other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 30. Effectivity. — This Executive order shall
take effect immediately upon its approval.
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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Since 19.07.98.