EXECUTIVE ORDER NO. 122-B
EXECUTIVE ORDER NO. 122-B -
CREATING THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES
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;
BELIEVING that the new government is committed to formulate more
vigorous policies, plans, programs and projects for Tribal Filipinos,
otherwise known as Indigenous Cultural Communities, taking into
consideration their communal aspirations, customs, traditions, beliefs
and interests in order to promote and preserve their rich cultural
heritage and insure their participation, in the country’s development
for national unity;
AFFIRMING that the creation of a specialized agency duly vested with
appropriate powers and functions has become necessary to effectively
implement such 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 Act Creating the Office For Northern Cultural
Communities.
Sec. 2. Office For Northern Cultural Communities.
— The Office for Northern Cultural Communities, encompassing all
members of tribal groups in Regions I, II and III, 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. Declaration of Policy. — It is henceforth
the policy of the State to ensure the rights and well-being of Northern
Cultural Communities, which consist of non-Muslim hilltribes and
ethnolinguistic minority groups, 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 the
northern cultural communities, 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 the northern cultural communities,
serve as the link between the President and agencies, public or
private, internal or external, involved in such programs and projects;
and, recommend 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
northern cultural communities, including designing, implementing and
maintaining settlements for them;
(c) Serve as
the primary government agency through which the northern cultural
communities can seek government assistance and serve as the medium
through which such assistance may be extended to them;
(d) Serve as
the custodian and administrator in charge of all existing Office for
Northern Cultural Communities settlements, subdivisions, allocations
and distribution of public lands and those which shall hereinafter be
reserved by the President of the Philippines for the northern cultural
communities including ancestral lands as provided for by law;
(e) 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 from lending institutions, subject to the
approval of the President of the Philippines, which shall finance the
implementation of the provisions of this Executive Order;
(f) Accept
grants, donations, gifts, funds and/or properties in whatever form and
from whatever source, for the benefit of the northern cultural
communities, and administer the same in accordance with the terms
thereof, or in the absence of any condition, in such manner consistent
with the interests of the northern cultural communities as well as
existing laws;
(g) Undertake
studies, formulate policies and plans and implement programs and
projects for the preservation and development of the historical and
cultural heritage of northern cultural communities as well as establish
and maintain ethnographic research centers and museums on the culture
and institutions of the northern cultural communities as may be
necessary;
(h) Certify,
whenever appropriate, membership of persons belonging to the northern
cultural communities for purposes of establishing qualifications for
specific requirements of government and private agencies and for other
benefits as may be provided by law;
(i) Coordinate
the enforcement of policies and laws protecting the rights of the
northern cultural communities to their ancestral lands, including the
application of customary laws governing property rights and relations,
in determining the ownership and extent of ancestral lands, subject to
procedures and standards established by the Legislature or any other
duly constitutional authority and for this purpose enlist the
assistance of appropriate government agencies, including those
concerned with law enforcement;
(j) Acquire,
lease or own such properties 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 as the President may reserve for the benefit of the northern
cultural 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 the northern cultural communities or areas occupied by
them; and, in case of conflicts, recommend to the President such action
as may be appropriate under the circumstances;
(l) Provide
legal and technical services for the survey, adjudication, titling and
development of tribal ancestral lands as well as settlements proclaimed
by the government for the northern cultural communities;
(m) Provide
medical assistance and health programs at the sub-office and service
center levels in coordination with the Ministry of Health;
(n) Coordinate
the formulation, design, integration and the implementation, where
applicable, of development plans which will assist members of the
northern cultural communities in developing their ancestral lands with
respect to contiguous areas occupied by members hereof, incorporating
therein livelihood programs and ecological or environmental
considerations consistent with national plans or guidelines, river
basin or area development plans, including environmental protection for
traditional tribal domains, tribal hunting grounds and sacred ancestral
places or tribal cultural assets;
(o) Assist,
promote and support community schools, both formal and non-formal, for
the benefit of members of the northern cultural communities,
incorporating therein the cultural values of the beneficiary
communities consistent with the Filipino values of good citizenship and
love of country, preferably in areas where existing educational
facilities are not accessible to members of the northern cultural
communities, in coordination with the Ministry of Education, Culture
and Sports;
(p) Encourage
trade fairs and market center to serve as outlets for the agricultural
and handicraft products of the northern cultural communities; support
the establishment of other marketing assistance and credit facilities
for the promotion of trade entrepreneurship among northern cultural
communities;
(q) Promote
peace and harmony within, between and among the northern cultural
communities by acting as mediator and encouraging the peaceful
settlement of tribal disputes in accordance with prevailing customary
laws of each particular tribe; for such purpose, the Office shall
codify the customary laws of each particular tribe, specially those on
the conduct of adjudication councils;
(r) Submit to
the Legislature, upon approval of the President, appropriate
legislative proposals intended to carry-out the policy declared under
this executive order;
(s) Perform
such other functions as may be provided 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 Directors, 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 vested in the
Executive Director who shall accomplish the same in consultation with
the Deputy Executive Director, 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 for
Northern Cultural Communities, comprising the Offices of the Executive
Director and Deputy Executive Directors and their immediate staffs,
shall consist of the Services, Units, Regional Offices, Field Offices
and Sub-offices and Service Centers as may be established in accordance
with this Executive Order.
Sec. 10. Services. — The Staff of the Office shall
consist of the Administrative Service, Planning Service, Finance and
Management Service and the 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. Planning Service. — The Planning Service
shall be responsible for providing the Office with economical,
efficient and effective services relating to planning, monitoring and
project development.
Sec. 13. 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. 14. Legal Service. — The Legal Service shall
be responsible for providing the members of the northern cultural
communities with the legal education and assistance in case of
litigations involving their persons or interests; undertake research,
compilation and codification of customary laws and traditions of each
tribe of the northern cultural communities as well as existing
legislations; assist the Legislative Branch of the national government
in the initiating and enacting legislation benefiting the northern
cultural communities; extend technical assistance for the organization
and orderly conduct of tribal adjudication councils; coordinate with
duly constituted authorities in providing protective service to members
of the northern cultural communities; act as legal counsel of the
Office; investigate cases involving the Office’s personnel; recommend
to the Office appropriate recommendations pertaining thereto.
Sec. 15. Units. — The Units of the Office shall
consist of the Economic Affairs Unit, Cultural Affairs Unit and Tribal
Relations and External Affairs Unit.
Sec. 16. Economic Affairs Unit. — The Economic
Affairs Unit shall have the following functions:
(a)
Promote and develop economic livelihood projects and programs through
the extension of loans, entrepreneurship, trade and marketing
assistance to the members of the northern cultural communities;
(b) Undertake
researches and studies which would serve as inputs to policy and plan
formulation and program and project implementation relative to the
economic well-being of northern cultural communities, including the
development, protection and conservation of the physical environment
within their ancestral lands for the maintenance of ecological balance
and for the conservation of their patrimony;
(c) Implement
economic development projects coordinate relief assistance of whatever
nature to the northern cultural communities;
(d) Formulate
and implement manpower training and community self-help projects for
the economic development of the northern cultural communities;
(e) Conduct
feasibility studies regarding the provisions of medical assistance,
including health and nutrition services to the northern cultural
communities;
(f) Oversee or
supervise the effective and efficient implementation of policies,
plans, programs, and projects of the Office on economic community
livelihood development by Regional and Field Offices;
(g) Design,
formulate and implement land-use development policies and plans for
ancestral and tribal lands including resettlement areas for the
northern cultural communities;
(h) Manage,
administer and supervise settlement projects for the northern cultural
communities.
Sec. 17. Cultural Affairs Unit. — The Cultural
Affairs Unit shall have the following functions:
(a)
Conduct researches and studies relative to the cultural development of
the northern cultural communities, the result of which would serve as
the basis for policy and plans formulation and program and project
implementation. Correspondingly, it shall maintain research centers and
tribal cultural centers as may be necessary;
(b) Establish
and maintain a central library, museum and audio-visual center to serve
as repositories of information regarding the northern cultural
communities;
(c) Develop
procedures and pursue a systematic dissemination of information about
the various ethnic tribes and communities comprising the northern
cultural communities for the purpose of promoting better understanding
and communities and the mainstream populace;
(d) Formulate
and implement an education program especially designed to improve the
literary level of adult and out-of-school youth members of the northern
cultural communities, subject to the approval of the Ministry of
Education, Culture and Sports;
(e) Develop
and maintain a scholarship program for poor but deserving members of
the northern cultural communities who wish to pursue high school and
higher education;
(f) Oversee
and supervise the effective and efficient implementation of policies,
plans, programs and projects of the Office on matters pertaining to the
preservation and development of the culture, traditions, institutions
and well-being of the northern cultural communities;
(g) Coordinate
its activities and provide assistance to the appropriate national
agencies concerned with national cultural programs and
objectives.
Sec. 18. Tribal Relations and External Affairs
Unit. — The Tribal Relations and External Affairs Unit shall have the
following functions:
(a)
Serve as the political arm of the Office;
(b) Plan,
conceptualize, formulate, implement and monitor program and projects on
affirmative actions and positive cultural values related to the
northern cultural communities;
(c) Serve as
the linkage between the Office and local as well as international
private and non-government organizations;
(d) Serve as
the negotiating arm of the Office with local, regional, national and
international government agencies;
(e) Formulate
and design programs on symposia among tribal groups and instill in them
their place in contemporary Philippine society;
(f) Initiate
the organization of tribal adjudication councils among the different
tribal communities and federate them into mother organizations:
(g) Act as the
catalyst in the strengthening of the indigenous tribal institutions
governing inter- tribal relations;
(h) Accept
grants, gifts, donations of funds and properties from any source,
pursuant to Sec. 5 (f) of this Executive Order;
(i) Act as the
public relations and information center of the Office.
Sec. 19. Consultation and Coordination with
Office. — The governing boards, councils or committees of various
national and regional units as well as local government units shall
consult and coordinate with the Office in the formulation and execution
of their policies, plans, programs and projects, whenever the welfare
and interest of the northern cultural communities within their planning
area or operational jurisdiction are being affected or would result in
their displacement. Should the Office find compelling reasons, after
due investigation, that the welfare, interest or well-being of the
northern cultural communities are prejudiced, the Office shall submit
to the President its recommendations for appropriate reliefs or
remedies, as the case may be. Whenever necessary, the President may
designate the Executive Director of the Office or his duly authorized
representative to such boards, councils, or committees of various
national and regional development units to effect better policy, plans,
program and project coordination between the Office and such
units.
Sec. 20. Joint Investigation with Bureau of Forest
Development. — The Office shall conduct, jointly with the Bureau of
Forest Development, inspection of areas covered by application for
licenses, leases or permits, granted under the Revised Forestry Code
(Presidential Decree No. 705) in provinces and cities which, according
to the latest official population census, are inhabited by the northern
cultural communities with the objective of determining the extent to
which said license, lease or permit applications affect the rights of
members of the northern cultural communities residing therein, and on
the basis of said inspection, issue certification of such findings. No
such license, lease permit shall be granted without such prior joint
inspection being made. The Office may interpose objections, or present
petitions for exclusion of or for recognition of specific parliamentary
rights with specific areas which are inhabited by northern cultural
communities.
Sec. 21. Consultative Body. — The Executive
Director may create a consultative body which shall be composed of the
Deputy Executive Directors and representatives from the northern
cultural communities the number of which shall be determined by the
Executive Director on matters relating to the problems and aspirations
of the northern cultural communities. The body shall meet quarterly or
whenever called by the Executive Director.
Sec. 22. Preference in Employment. — The Executive
Director shall, for the extent practicable, appoint deserving members
of the northern cultural communities to appropriate positions in the
Office even if such appointees do not possess the required civil
service eligibility pursuant to Sec. 23 of Presidential Decree No.
807, in consonance with the provisions of Presidential Decree No. 1414;
provided, however, that priority consideration shall be given to
qualified members of the northern cultural communities who possess
civil service eligibility; and provided, further, that in the filling
up of positions in the approved position structure and staffing pattern
of the Office, preference shall be given to qualified and eligible
personnel of the former Bureau of National Minorities.
Sec. 23. Regional Office, 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, plans, programs and
projects of the Office;
(b) Provide
efficient and effective service to the northern cultural
communities;
(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 as may be provided by law, maintain
field offices and sub-offices and service centers and whenever
necessary, appropriate and feasible, the functions of which shall be
determined by the Offices.
Sec. 24. 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 to subsequent legal action as may be
proper, just and fair.
Sec. 25. New Structure and Pattern. — The new
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. Those incumbents of the
defunct Office of Muslim Affairs and Cultural Communities whose
positions are not included therein or who are not appointed 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 twelve (12) months salary.
No court 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
affected under this Executive Order.
Sec. 26. 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. 27. Prohibition Against Change. — No change
in the reorganization herein prescribed 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. 28. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Office of Muslim Affairs and Cultural Communities.
Sec. 29. Implementing Authority of Executive
Director. — The Executive Director shall issue such rules, regulations
and other issuance as may be necessary to ensure the effective
implementation of the provisions of this Executive Order.
Sec. 30. 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. 31. Repealing Clause. — All laws, ordinances,
rules, regulations, other issuances or any parts thereof, inconsistent
with this Executive Order, are hereby repealed or modified accordingly.
Sec. 32. 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.