EXECUTIVE ORDER NO. 462 May 17, 1991
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:
Sec. 1. Transfer of Powers and Functions of the Office for Southern Cultural...
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Executive Orders
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
Executive Order No. 462
Summary of Executive Order No. 462
Devolving Powers and Functions of the Office for Southern Cultural Communities to the Autonomous Regional Government of ARMM
- Transfer of Powers and Functions of the OSCC to the ARG (Sec. 1):
• Formulate, coordinate, implement, and monitor policies, plans, programs, and projects affecting southern cultural communities within ARMM. (Sec. 1a)
• Undertake and coordinate development programs and projects for the advancement of southern cultural communities, including designing, implementing, and maintaining settlements in ARMM. (Sec. 1b)
• Provide mechanism for southern cultural communities within ARMM to seek assistance from ARG. (Sec. 1c)
• Serve as custodian and administrator of existing OSCC settlements, subdivisions, allocations, and distribution of public lands and ancestral lands for southern cultural communities within ARMM. (Sec. 1d)
• Enter into contracts, agreements, or arrangements with government or private agencies, including obtaining loans from lending institutions, subject to existing laws, policies, and guidelines. (Sec. 1e)
• Accept grants, donations, gifts, funds, and properties for the benefit of southern cultural communities within ARMM and administer them in accordance with the terms or in a manner consistent with the interests of southern cultural communities in ARMM and existing laws. (Sec. 1f)
• 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 ARMM, as well as establish and maintain ethnographic research centers and museums on their culture and institutions. (Sec. 1g)
• Coordinate the enforcement of policies and laws protecting the rights of southern cultural communities to their ancestral lands, including the application of customary laws governing property rights and relations, subject to procedures and standards established by the legislature or any other duly constituted authority, and enlist the assistance of appropriate government agencies, including those concerned with law enforcement. (Sec. 1h)
• Acquire, lease or own properties or assets as necessary, sell or dispose of them, and serve as custodian or administrator of lands or areas and other properties or assets reserved by the ARG for the benefit of southern cultural communities in ARMM. (Sec. 1i)
• 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 southern cultural communities in ARMM. (Sec. 1j)
• 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 southern cultural communities within ARMM. (Sec. 1k)
• Provide medical assistance and health programs in coordination with the Department of Health. (Sec. 1l)
• Coordinate the formulation, design, integration, and implementation of development plans to assist members of southern cultural communities in developing their ancestral lands, incorporating livelihood programs and ecological or environmental protection for traditional tribal domains, hunting grounds, and sacred ancestral places or tribal cultural assets. (Sec. 1m)
• Assist, promote, and support community schools, both formal and non-formal, for the benefit of members of southern cultural communities, incorporating their cultural values consistent with Filipino values of good citizenship and love of country, preferably in areas where existing educational facilities are not accessible to members of southern cultural communities in ARMM, in coordination with the Department of Education, Culture and Sports. (Sec. 1n)
• Encourage trade fairs and market centers to serve as outlets for agricultural and handicraft products of 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 ARMM. (Sec. 1o)
• Promote peace and harmony within, between, and among 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, especially those on the conduct of adjudication councils. (Sec. 1p)
• Recommend appropriate legislative proposals intended to promote the interests of cultural communities within ARMM. (Sec. 1q)
• Certify, whenever appropriate, membership of persons belonging to southern cultural communities in ARMM for purposes of establishing qualifications for specific requirements of government and private agencies and for other benefits as may be provided by law. (Sec. 1r)
• Perform such other functions as may be provided by law. (Sec. 1s)
- Transfer of Programs and Projects of the OSCC located in the provinces of ARMM to the ARG, subject to usual government accounting and auditing rules and procedures. (Sec. 2)
- Transfer of Personnel and Administration (Sec. 3):
• All plantilla positions (filled and unfilled) of the OSCC effectively assigned or with the provinces of ARMM as their official station shall be placed immediately under the control and supervision of the ARG. (Sec. 3(1))
• All personnel of the OSCC who are absorbed by the ARG shall retain their seniority rights, compensation, and other benefits as provided under Section 2, Article XIX of Republic Act No. 6743. (Sec. 3(2))
• Personnel who decline to transfer or be absorbed by the ARG shall have the following options as outlined by the Civil Service Commission: retirement (if eligible), absorption by their line department in another office or region subject to availability of positions and at management's discretion, transfer to another department subject to availability of position, or voluntary resignation. (Sec. 3(3))
- Transfer of Assets, Equipment, and Properties (Sec. 4):
• 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.
- Transfer of Budget (Sec. 5):
• 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.
- Date of Transfer (Sec. 6):
• The date of transfer shall be set one month after the date of effectivity of this Executive Order.
- Separability Clause (Sec. 7):
• If 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.
- Effectivity (Sec. 8):
• 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.
Devolving Powers and Functions of the Office for Southern Cultural Communities to the Autonomous Regional Government of ARMM
- Transfer of Powers and Functions of the OSCC to the ARG (Sec. 1):
• Formulate, coordinate, implement, and monitor policies, plans, programs, and projects affecting southern cultural communities within ARMM. (Sec. 1a)
• Undertake and coordinate development programs and projects for the advancement of southern cultural communities, including designing, implementing, and maintaining settlements in ARMM. (Sec. 1b)
• Provide mechanism for southern cultural communities within ARMM to seek assistance from ARG. (Sec. 1c)
• Serve as custodian and administrator of existing OSCC settlements, subdivisions, allocations, and distribution of public lands and ancestral lands for southern cultural communities within ARMM. (Sec. 1d)
• Enter into contracts, agreements, or arrangements with government or private agencies, including obtaining loans from lending institutions, subject to existing laws, policies, and guidelines. (Sec. 1e)
• Accept grants, donations, gifts, funds, and properties for the benefit of southern cultural communities within ARMM and administer them in accordance with the terms or in a manner consistent with the interests of southern cultural communities in ARMM and existing laws. (Sec. 1f)
• 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 ARMM, as well as establish and maintain ethnographic research centers and museums on their culture and institutions. (Sec. 1g)
• Coordinate the enforcement of policies and laws protecting the rights of southern cultural communities to their ancestral lands, including the application of customary laws governing property rights and relations, subject to procedures and standards established by the legislature or any other duly constituted authority, and enlist the assistance of appropriate government agencies, including those concerned with law enforcement. (Sec. 1h)
• Acquire, lease or own properties or assets as necessary, sell or dispose of them, and serve as custodian or administrator of lands or areas and other properties or assets reserved by the ARG for the benefit of southern cultural communities in ARMM. (Sec. 1i)
• 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 southern cultural communities in ARMM. (Sec. 1j)
• 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 southern cultural communities within ARMM. (Sec. 1k)
• Provide medical assistance and health programs in coordination with the Department of Health. (Sec. 1l)
• Coordinate the formulation, design, integration, and implementation of development plans to assist members of southern cultural communities in developing their ancestral lands, incorporating livelihood programs and ecological or environmental protection for traditional tribal domains, hunting grounds, and sacred ancestral places or tribal cultural assets. (Sec. 1m)
• Assist, promote, and support community schools, both formal and non-formal, for the benefit of members of southern cultural communities, incorporating their cultural values consistent with Filipino values of good citizenship and love of country, preferably in areas where existing educational facilities are not accessible to members of southern cultural communities in ARMM, in coordination with the Department of Education, Culture and Sports. (Sec. 1n)
• Encourage trade fairs and market centers to serve as outlets for agricultural and handicraft products of 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 ARMM. (Sec. 1o)
• Promote peace and harmony within, between, and among 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, especially those on the conduct of adjudication councils. (Sec. 1p)
• Recommend appropriate legislative proposals intended to promote the interests of cultural communities within ARMM. (Sec. 1q)
• Certify, whenever appropriate, membership of persons belonging to southern cultural communities in ARMM for purposes of establishing qualifications for specific requirements of government and private agencies and for other benefits as may be provided by law. (Sec. 1r)
• Perform such other functions as may be provided by law. (Sec. 1s)
- Transfer of Programs and Projects of the OSCC located in the provinces of ARMM to the ARG, subject to usual government accounting and auditing rules and procedures. (Sec. 2)
- Transfer of Personnel and Administration (Sec. 3):
• All plantilla positions (filled and unfilled) of the OSCC effectively assigned or with the provinces of ARMM as their official station shall be placed immediately under the control and supervision of the ARG. (Sec. 3(1))
• All personnel of the OSCC who are absorbed by the ARG shall retain their seniority rights, compensation, and other benefits as provided under Section 2, Article XIX of Republic Act No. 6743. (Sec. 3(2))
• Personnel who decline to transfer or be absorbed by the ARG shall have the following options as outlined by the Civil Service Commission: retirement (if eligible), absorption by their line department in another office or region subject to availability of positions and at management's discretion, transfer to another department subject to availability of position, or voluntary resignation. (Sec. 3(3))
- Transfer of Assets, Equipment, and Properties (Sec. 4):
• 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.
- Transfer of Budget (Sec. 5):
• 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.
- Date of Transfer (Sec. 6):
• The date of transfer shall be set one month after the date of effectivity of this Executive Order.
- Separability Clause (Sec. 7):
• If 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.
- Effectivity (Sec. 8):
• 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.