Creating the Office For Northern Cultural Communities

Case Overview and Summary

EXECUTIVE ORDER NO. 122-B
January 30, 1987
CREATING THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES

Summary:
• Establishes the Office for Northern Cultural Communities (Office) to preserve and develop the culture, traditions, institutions, and well-being of the northern cultural communities, which consist of non-Muslim hill tribes and ethno-linguistic minority groups in Regions I, II, and III. (Sec. 1, 2, 3, 4)

• Mandates and Powers of the Office:
- Advise the President on policies, plans, programs, and projects affecting the northern cultural communities. (Sec. 5a)
- Undertake and coordinate development programs and projects, including designing and implementing settlements. (Sec. 5b)
- Serve as the primary government agency for the northern cultural communities to seek assistance. (Sec. 5c)
- Serve as the custodian and administrator of existing settlements, public lands, and ancestral lands reserved for the northern cultural communities. (Sec. 5d)
- Enter into contracts, agreements, or arrangements, including obtaining loans, subject to the President's approval. (Sec. 5e)
- Accept grants, donations, gifts, and funds for the benefit of the northern cultural communities. (Sec. 5f)
- Undertake studies, formulate policies and plans, and implement programs and projects for preserving and developing the historical and cultural heritage, including establishing ethnographic research centers and museums. (Sec. 5g)
- Certify membership of persons belonging to the northern cultural communities for various purposes. (Sec. 5h)
- 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. (Sec. 5i)
- Acquire, lease, or own properties or assets necessary for the benefit of the northern cultural communities. (Sec. 5j)
- Conduct inspections or surveys and issue necessary certifications prior to granting licenses, leases, or permits for exploiting natural resources affecting the interests of the northern cultural communities. (Sec. 5k)
- Provide legal and technical services for the survey, adjudication, titling, and development of tribal ancestral lands and settlements. (Sec. 5l)
- Provide medical assistance and health programs at the sub-office and service center levels, in coordination with the Ministry of Health. (Sec. 5m)
- Coordinate the formulation, design, integration, and implementation of development plans for ancestral lands, incorporating livelihood programs and environmental considerations. (Sec. 5n)
- Assist, promote, and support community schools, both formal and non-formal, for the benefit of the northern cultural communities, in coordination with the Ministry of Education, Culture and Sports. (Sec. 5o)
- Encourage trade fairs and market centers as outlets for agricultural and handicraft products, support the establishment of marketing assistance and credit facilities, and promote entrepreneurship among the northern cultural communities. (Sec. 5p)
- Promote peace and harmony within, between, and among the northern cultural communities by acting as a mediator and encouraging peaceful settlement of tribal disputes in accordance with customary laws. (Sec. 5q)
- Submit appropriate legislative proposals to the Legislature, upon the President's approval, to carry out the policy declared under this Executive Order. (Sec. 5r)
- Perform other functions as may be provided by law. (Sec. 5s)

• Organizational Structure:
- The Office shall be composed of an Executive Director and two Deputy Executive Directors, all appointed by the President. (Sec. 6)
- The Office shall establish and prescribe rules and regulations governing its operations. (Sec. 7)
- The Executive Director shall exercise administrative supervision and control over the personnel and properties of the Office, except for the Deputy Executive Directors. (Sec. 8)
- The Office shall consist of Services, Units, Regional Offices, Field Offices, Sub-offices, and Service Centers. (Sec. 9)
- Services include Administrative Service, Planning Service, Finance and Management Service, and Legal Service. (Sec. 10-14)
- Units include Economic Affairs Unit, Cultural Affairs Unit, and Tribal Relations and External Affairs Unit. (Sec. 15-18)
- The Office shall consult and coordinate with governing boards, councils, or committees of various national and regional units, as well as local government units, in formulating and executing policies, plans, programs, and projects affecting the welfare and interest of the northern cultural communities. (Sec. 19)
- The Office shall conduct joint inspections with the Bureau of Forest Development for applications for licenses, leases, or permits that may affect the rights of the northern cultural communities. (Sec. 20)
- The Executive Director may create a consultative body composed of representatives from the northern cultural communities. (Sec. 21)
- Preference in employment shall be given to deserving members of the northern cultural communities, even if they do not possess the required civil service eligibility, subject to certain conditions. (Sec. 22)
- The Office is authorized to establish, operate, and maintain Regional Offices, Field Offices, Sub-offices, and Service Centers. (Sec. 23)
- Existing legitimate contracts, agreements, and obligations of the defunct Office of Muslim Affairs and Cultural Communities shall continue to be in force, subject to review and legal action. (Sec. 24)
- The new structure and staffing pattern of the Office shall be approved and prescribed by the Executive Director within 120 days, and those separated from the service shall receive retirement benefits or separation pay. (Sec. 25)
- The Executive Director is required to formulate and enforce a system of measuring and evaluating the performance of the Office periodically and submit it annually to the President. (Sec. 26)
- No change in the reorganization shall be valid except upon prior approval of the President for promoting efficiency and effectiveness in public service delivery. (Sec. 27)
- Funds needed to carry out the provisions shall be taken from funds available in the Office of Muslim Affairs and Cultural Communities. (Sec. 28)
- The Executive Director shall issue rules, regulations, and other issuances necessary to ensure the effective implementation of this Executive Order. (Sec. 29)
- Any portion or provision declared unconstitutional shall not nullify other portions or provisions as long as they can still subsist and be given effect. (Sec. 30)
- All laws, ordinances, rules, regulations, or other issuances inconsistent with this Executive Order are hereby repealed or modified accordingly. (Sec. 31)
- This Executive Order shall take effect immediately upon its approval. (Sec. 32)