EXECUTIVE ORDER NO. 1
EXECUTIVE ORDER NO. 1 - CREATING
THE OFFICE OF THE PRESIDENTIAL ADVISER FOR INDIGENOUS PEOPLES’ AFFAIRS,
DELINEATING ITS FUNCTIONS TO ENSURE EFFECTIVE IMPLEMENTATION OF THE
INDIGENOUS PEOPLES’ RIGHTS ACT OF 1997
WHEREAS,
the Indigenous Peoples’ Rights Act or IPRA (R.A. Act No. 8371) was
enacted to provide the urgent attention needed by the indigenous
peoples for the delivery of basic services premised on the full
recognition of their rights;
WHEREAS, the National Commission on Indigenous Peoples or NCIP has been
mandated by law to ensure the genuine and effective implementation of
IPRA;
WHEREAS, the law took effect on November 22, 1997, but no Certificate
of Ancestral Land or Domain Title has yet been issued;
WHEREAS, the Presidential Task Force on Indigenous Peoples created
under Administrative Order No. 108, February 10, 2000, submitted a
Terminal Report recommending that (a) legal action be taken against
officials of the defunct ONCC and the OSCC for unliquidated cash
advances, (b) the recall of all appointments of rank and file employees
at the NCIP made illegally by the Chair of the Commission, (c) the
appointment of genuine and competent representatives from indigenous
peoples’ communities and organizations, (d) the setting up of the
consultative body of indigenous elders and leaders as mandated by
Sec. 50 of R.A. No. 8371, and (e) the revocation of all Free and
Prior Informed Consent Certifications issued from 1998 for grave and
serious legal defects;
WHEREAS, the term of office of five (5) of the Commissioners will
expire on February 23, 2001;
WHEREAS, administrative complaints have been filed against certain NCIP
commissioners by complainants from the NCIP rank and file;
WHEREAS, Sec. 42 of R.A. No. 8371 states that any member of the NCIP
may be removed from office by the President, on her own initiative or
upon the recommendation by any indigenous community, before the
expiration of his term for cause and after complying with the due
process requirement of law;
WHEREAS, indigenous peoples’ groups, following the spirit of People
Power II, have recommended strongly that a new set of leaders in the
NCIP be designated;
WHEREAS, there has been a strong clamor to revitalize and strengthen
the NCIP to achieve renewed vigor;
WHEREAS, the current administration, with its commitment to good
governance, intends to fully implement the provisions of R.A. No. 8371,
and to work with leaders of indigenous peoples communities in the
spirit of transparency, openness, and genuine participation.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in me by the Constitution
and by law, hereby create the Office of the Presidential Adviser for
Indigenous Peoples’ Affairs.
Section 1. Functions. — The Presidential Adviser for
Indigenous Peoples’ Affairs shall —
(a)
Initiate and conduct a performance review of all members of the
National Commission on Indigenous Peoples as well as all its officers
and staff;
(b) Cause a
thorough investigation of all Commissioners and NCIP officials with the
end in view of evaluating their fitness for their respective positions;
(c) Create,
convene, and oversee a search committee for purposes of assessing
nominations for positions in the National Commission on Indigenous
Peoples;
(d) Create and
oversee a new placement committee that shall assist in providing clear
criteria for the recommendation and appointment of staff to the
National Commission on Indigenous Peoples;
(e) Institute
a process for the creation of an Indigenous Peoples’ Consultative
Committee as mandated by R.A. No. 8371 as well as appointment
thereof;
(f) Recommend
to the President a prioritized shortlist of nominees to the National
Commission on Indigenous Peoples as well as to all its positions;
(g) Review all
acts of the National Commission on Indigenous Peoples since its
inception, including the issuances of “Free and Prior Informed Consent
Certifications” and act or make recommendations accordingly;
(h) Ensure the
safekeeping of all documents, files, and records of the National
Commission on Indigenous Peoples pending the appointment of its new
Chair;
(i) Coordinate
with the NCIP, act, and/or advise the President on all matters
pertinent to the indigenous peoples sector;
(j) Perform
such other functions as the President may order.
Sec. 2. Cooperation from the National Commission
on Indigenous Peoples. — The current membership of the National
Commission on Indigenous Peoples is hereby specifically directed and
ordered to cooperate fully and efficiently with the Presidential
Adviser for Indigenous Peoples’ Affairs. Any failure to disclose
relevant information in connection with any investigation conducted by
the Presidential Adviser for Indigenous Peoples’ Affairs or any action
or inaction to delay such investigation shall be considered as
insubordination and subject to such penalty as may be provided by
applicable law, rules or regulations.
Sec. 3. Cooperation from Other Departments,
Agencies and Instrumentalities of Government. — All executive
departments, bureaus, offices, agencies and instrumentalities of the
government shall provide full cooperation to the Presidential Adviser
for Indigenous Peoples’ Affairs.
Sec. 4. Secretariat Support. — The National
Commission on Indigenous Peoples (NCIP) as well as the National
Anti-Poverty Commission (NAPC) are hereby directed to provide
additional secretariat support to the Presidential Adviser for
Indigenous Peoples’ Affairs.
Sec. 5. Coordination with Civil Society. —
Consistent with the policy of this administration, the Presidential
Adviser for Indigenous Peoples’ Affairs shall coordinate closely with
indigenous peoples representatives, their support groups, and other
concerned sectors in the performance of his duties and functions.
Sec. 6. Budget. — The Office of the President
shall provide the appropriate funding support from the Organizational
Adjustment Fund for the implementation of this Order.
Sec. 7. Disqualification of the Presidential
Adviser for Indigenous Peoples Affairs. — Any person designated as
Presidential Adviser for Indigenous Peoples’ Affairs shall not be
eligible for appointment to any office in the National Commission on
Indigenous Peoples Affairs for a period of six (6) years from the date
of the expiration of her/his appointment.
Sec. 8. Interpretation. — Nothing in this
Executive Order shall be interpreted to supplant any of the provisions
of the Indigenous Peoples’ Rights Act (IPRA) or R.A. No. 8371 and other
laws relevant to indigenous peoples’ concerns.
Sec. 9. Repeal. — Administrative Order No. 108, s.
2000; Memorandum Order No. 52, s. 1999; Memorandum Order No. 21, s.
1998; Memorandum Order No. 5, s. 1998; and all Executive Orders,
Administrative Orders, Memorandum Orders, Memorandum Circulars, or
Presidential Issuances inconsistent with this Order shall be deemed
repealed or modified accordingly.
Sec. 10. Effectivity of Designation. — The term of
the Presidential Adviser for Indigenous Peoples Affairs shall cease
upon the appointment and assumption into office of a new Chair of the
National Commission on Indigenous Peoples which shall not be later than
October 31, 2001.
Sec. 11. Report. — The Presidential Adviser for
Indigenous Peoples’ Affairs shall make a formal report on its
activities every two (2) months or at such interval as the President
may require.
Sec. 12. Effectivity. — This Executive Order shall
take effect immediately.
Done in the City of Manila,
this 20th day of February, in the year of Our Lord, Two Thousand One.
chan
robles virtual law librar
Back to Main
Since 19.07.98.