Creating the Office For Southern Cultural Communities

Case Overview and Summary

EXECUTIVE ORDER NO. 122-C
CREATING THE OFFICE FOR SOUTHERN CULTURAL COMMUNITIES

Mandate and Policy (Sections 3-4):
- Preserve and develop the culture, traditions, institutions and well-being of the southern cultural communities, consisting of non-Muslim hilltribes and ethnolinguistic minority groups in Regions IV, V, VI, VII, IX, X, XI, and XII.
- Ensure their rights and well-being, with due regard to their beliefs, customs, traditions and institutions.
- Ensure their contribution to national goals and aspirations, and make them active participants in nation-building.

Powers and Functions (Section 5):
- Advise the President on policies, plans, programs and projects affecting the southern cultural communities. (5a)
- Undertake and coordinate development programs and projects for their advancement, including designing, implementing and maintaining settlements. (5b)
- Serve as the primary government agency through which they can seek assistance. (5c)
- Serve as the custodian and administrator of existing settlements, public lands and ancestral lands reserved for them. (5d)
- Enter into contracts, agreements or arrangements, including obtaining loans, subject to the President's approval. (5e)
- Accept grants, donations, gifts, funds, and properties for their benefit. (5f)
- Undertake studies, formulate policies and plans, and implement programs and projects for preserving and developing their historical and cultural heritage, including establishing research centers and museums. (5g)
- Certify membership of persons belonging to the southern cultural communities. (5h)
- Coordinate the enforcement of policies and laws protecting their rights to ancestral lands, including the application of customary laws governing property rights and relations. (5i)
- Acquire, lease or own properties or assets necessary for their benefit, and serve as the custodian or administrator of such lands or areas. (5j)
- Conduct inspections or surveys jointly with other agencies, and issue necessary certifications prior to the grant of any license, lease or permit for the exploitation of natural resources affecting their interests or areas occupied by them. (5k)
- Provide legal and technical services for the survey, adjudication, titling and development of tribal ancestral lands and settlements. (5l)
- Provide medical assistance and health programs at the sub-office and service center levels, in coordination with the Ministry of Health. (5m)
- Coordinate the formulation, design, integration and implementation of development plans for their ancestral lands, incorporating livelihood programs and ecological or environmental considerations. (5n)
- Assist, promote and support community schools, both formal and non-formal, for the benefit of members of the southern cultural communities, in coordination with the Ministry of Education, Culture and Sports. (5o)
- Encourage trade fairs and market centers to serve as outlets for their agricultural and handicraft products; support the establishment of marketing assistance and credit facilities for the promotion of trade and entrepreneurship. (5p)
- 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; codify the customary laws of each particular tribe, specially those on the conduct of adjudication councils. (5q)
- Submit to the Legislature, upon approval of the President, appropriate legislative proposals intended to carry-out the policy declared under this executive order. (5r)
- Perform such other functions as may be provided by law. (5s)

Membership and Supervision (Sections 6-8):
- The Office shall be composed of an Executive Director and two (2) Deputy Executive Directors, all appointed by the President.
- The Executive Director shall have administrative supervision and control over the personnel and properties of the Office, except for the Deputy Executive Directors.
- The Deputy Executive Directors shall assist the Executive Director and may be assigned specific responsibilities.

Organizational Structure (Sections 9-18):
- The Office shall consist of the Offices of the Executive Director and Deputy Executive Directors, and their immediate staffs, as well as Services, Units, Regional Offices, Field Offices, Sub-offices and Service Centers.
- Services: Administrative Service, Planning Service, Finance and Management Service, and Legal Service.
- Units: Economic Affairs Unit, Cultural Affairs Unit, and Tribal Relations and External Affairs Unit.
- Functions of each Service and Unit are specified in detail.

Consultation and Coordination (Section 19):
- 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 southern cultural communities are affected or would result in their displacement.

Joint Investigation with Bureau of Forest Development (Section 20):
- The Office shall conduct joint inspection with the Bureau of Forest Development of areas covered by applications for licenses, leases or permits granted under the Revised Forestry Code, in provinces and cities inhabited by the southern cultural communities, to determine the extent to which such applications affect their rights.

Consultative Body (Section 21):
- The Executive Director may create a consultative body composed of the Deputy Executive Directors and representatives from the southern cultural communities, to advise on matters relating to their problems and aspirations.

Preference in Employment (Section 22):
- The Executive Director shall, for the extent practicable, appoint deserving members of the southern cultural communities to appropriate positions in the Office, even if they do not possess the required civil service eligibility, with priority given to qualified and eligible members.

Regional Office, Field Offices, Sub-offices (Section 23):
- The Office is authorized to establish, operate and maintain Regional Offices in appropriate administrative regions, each headed by a Regional Director.
- The Office is also authorized to maintain Field Offices, Sub-offices and Service Centers as may be necessary.

Contracts, Agreements and Obligations (Section 24):
- 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, pertaining to powers and functions succeeded by the Office, shall continue to be in force, subject to review and subsequent legal actions.

New Structure and Pattern (Section 25):
- The new structure and staffing pattern of the Office shall be approved and prescribed by the Executive Director within 120 days.
- Incumbents of the defunct Office of Muslim Affairs and Cultural Communities whose positions are not included or who are not appointed shall be deemed separated from the service and shall receive retirement benefits or a separation pay equivalent to one-month basic salary for every year of service, but not exceeding 12 months' salary.

Periodic Performance Evaluation (Section 26):
- The Executive Director is 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.

Prohibition Against Change (Section 27):
- No change in the reorganization 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.

Funding (Section 28):
- 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.

Implementing Authority of Executive Director (Section 29):
- The Executive Director shall issue rules, regulations and other issuances as may be necessary to ensure the effective implementation of the provisions of this Executive Order.

Separability (Section 30):
- Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions as long as such remaining portions or provisions can still subsist and be given effect in their entirety.

Repealing Clause (Section 31):
- All laws, ordinances, rules, regulations, other issuances or any parts thereof, inconsistent with this Executive Order, are hereby repealed or modified accordingly.

Effectivity (Section 32):
- This Executive Order shall take effect immediately upon its approval.