EXECUTIVE ORDER NO. 462
EXECUTIVE ORDER NO. 462 - DEVOLVING
TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN
MUSLIM MINDANAO THE POWERS AND FUNCTIONS OF THE OFFICE FOR SOUTHERN
CULTURAL COMMUNITIES, THE CONTROL AND SUPERVISION OVER ITS OFFICES IN
THE REGION AND FOR OTHER PURPOSES
WHEREAS,
Section 15, Article XV of Republic Act No. 6734 provides that “The
Regional Government shall recognize, respect, protect, preserve,
revive, develop, promote and enhance the culture, customs, traditions,
beliefs and practices of the people in the area of autonomy and shall
encourage and undertake the recovery, collection, collation, and
restoration of historical and cultural properties for posterity;”
WHEREAS, the Oversight Committee created under the said Act recommends
that the Autonomous Regional Government must take charge of the
promotion of its cultural heritage in keeping with the spirit of
autonomy;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. Transfer of Powers and Functions of the
Office for Southern Cultural Communities (OSCC). — The following
functions of the Office for Southern Cultural Communities (OSCC) under
Executive Order No. 122-C, series of 1987, are hereby transferred to
the Autonomous Regional Government (ARG):
a.
Formulation, coordination, implementation, and monitoring of policies,
plans, programs and projects affecting the southern cultural
communities within the Autonomous Region for Muslim Mindanao (ARMM);
serve as the link between the Regional Governor and agencies; public or
private, internal or external; involved in such programs and projects;
and recommend such affirmative actions as may be necessary of their
efficient and effective implementation;
b. Undertake
and coordinate development programs and projects for the advancement of
southern cultural communities, including designing, implementing and
maintaining settlements in the ARMM;
c. Provide
mechanism through which the southern cultural communities within the
ARMM can seek the ARG assistance and through which such assistance may
be extended to them;
d. Serve as
the custodian and administrator in charge of all existing OSCC
settlements within the ARMM, subdivisions, allocations and distribution
of public lands and those which shall for the southern cultural
communities including ancestral lands as provided 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 ARMM,
including obtaining loans from lending institutions;
f. Accept
grants, donations, gifts, funds, and/or properties in whatever form and
from whatever source, for the benefits of the southern cultural
communities within the ARMM, and administer the same in accordance with
the terms thereof, or in the absence of any condition, in such manner
as may be consistent with the interest of southern cultural communities
in ARMM as well as any 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 southern cultural communities within the ARMM as
well as establish and maintain ethnographic research centers and
museums on the culture and institution of the southern cultural
communities in the ARMM as may be necessary;
h. Coordinate
the enforcement of policies and laws protecting the rights of the
southern cultural communities to their ancestral lands, including the
applications 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 constituted authority and for this purpose, enlist the assistance
of appropriate government agencies, including those concerned with law
enforcement;
i. 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 ARG may reserve for the benefit of the southern
cultural communities in the ARMM;
j. 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 southern cultural communities in the ARMM;
k. 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 southern cultural communities within the ARMM;
l. Provide
medical assistance and health programs in coordination with the
Department of Health;
m. Coordinate
the formulation, design, integration and the implementation, where
applicable, of development plans which will assist members of the
southern cultural communities in the ARMM in developing their ancestral
lands with respect to contiguous areas occupied by members thereof,
incorporating therein livelihood programs and ecological or
environmental protection for traditional tribal domains, tribal hunting
grounds and sacred ancestral places or tribal cultural assets;
n. Assist,
promote and support community schools, both formal and non-formal for
the benefit of members of the southern 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 southern cultural
communities in the ARMM, in coordination with the Department of
Education, Culture and Sports;
o. Encourage
trade fairs and market centers to serve as outlets for the agricultural
and handicraft products of the southern cultural communities; support
the establishment of other marketing assistance and credit facilities
for the promotion of trade and entrepreneurship among southern cultural
communities in the ARMM;
p. Promote
peace and harmony within, between and among the southern 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, shall codify the
customary laws of each particular tribe, specially those on the conduct
of adjudication councils;
q. Recommend
appropriate legislative proposals intended to promote the interests of
the cultural communities within the ARMM;
r. Certify,
whenever appropriate, membership of persons belonging to the southern
cultural communities in the ARMM for purposes of establishing
qualifications for specific requirements of government and private
agencies and for other benefits as may be provided by law; and
s. Perform
such other functions as may be provided by law.
Sec. 2. Transfer of Programs and Projects. — The
programs and projects of the OSCC located in the provinces of the ARMM
shall be turned over to the Autonomous Regional Government Subject to
the usual government accounting and auditing rules and procedures.
Sec. 3. Personnel and Administration. — (1) All
plantilla positions (filled and unfilled) of the OSCC effectively
assigned or with the provinces of the ARMM as their official station
shall be placed immediately under the control and supervision of the
ARG.
(2) All personnel of the OSCC who are absorbed by the
ARG shall retain their seniority rights, compensation and other
benefits as provided under Sec. 2, Article XIX of Republic Act No.
6743.
(3) Personnel who decline to transfer or be absorbed
by the ARG shall have the following options as outlined by the Civil
Service Commission:
a.
Retirement, if eligible;
b. Absorption
by their line department in another office or region subject to the
availability of positions and at management’s discretion;
c. Transfer to
another department subject to the availability of position; or
d. Voluntary
resignation.
Sec. 4. Assets, Equipment and Properties. — The
field offices and sub-field offices of the OSCC shall be transferred to
the ARG, subject to the provisions of law, pertinent issuances and
other rules and regulations.
Sec. 5. Budget. — All outstanding budget balances
duly appropriated for the operations of the OSCC in the provinces of
ARMM for the current fiscal year as of the date of transfer shall be
turned over to the ARG.
Sec. 6. Date of Transfer. — The date of transfer
shall be set one month after the date of effectivity of this Executive
Order.
Sec. 7. Separability Clause. — If, for any reason,
any part or provision of this Executive Order shall be held
unconstitutional or declared contrary to law, other parts or provisions
hereof which are not affected thereby shall continue to be in full
force and effect.
Sec. 8. Effectivity. — This Executive Order shall
take effect fifteen (15) days after publication in a newspaper of
general circulation and one (1) local newspaper of general circulation
in the ARMM.
DONE in the City of Manila,
this 17th day of May, in the year of Our Lord, nineteen hundred and
ninety-one.
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Since 19.07.98.