Further Defining the Powers, Functions and Duties of the Office of the Presidential Assistant on National Minorities and For Other Purposes

Case Overview and Summary

Summary of Presidential Decree No. 1414

Declaration of Policy (Section 1):
- Integrate certain ethnic groups into mainstream Philippine society.
- Protect rights of those who wish to preserve their original lifeways.

National Minorities Defined (Section 2):
- Non-Muslim hill tribes referred to under Presidential Decree No. 719.
- Other non-Muslim national minorities, whether referred to as National Cultural Minorities or Cultural Communities under other laws.

Powers, Functions and Duties of PANAMIN (Section 3):
- Perform powers, functions, and duties under Presidential Decree No. 719 and Republic Act No. 1888 as amended. (Section 3a)
- Establish and maintain ethnographic research centers and museums. (Section 3b)
- Design, implement, and maintain settlements and development projects among National Minorities. (Section 3c)
- Act as agency for National Minorities to seek government and private assistance, and serve as instrumentality for assistance from government, private sector, local, and foreign sources. (Section 3d)
- Provide legal assistance, medical aid, relief, and other forms of help to National Minorities. (Section 3e)
- Undertake action projects as necessary to attain objectives. (Section 3f)
- Conduct joint inspections with Bureau of Forest Development for forestry permits, and issue certifications on impact to National Minorities. No permit shall be granted without prior inspection and certification from PANAMIN. (Section 3g)
- Enter into contracts, agreements, or arrangements with government or private agencies as necessary, subject to President's approval. (Section 3h)
- Accept grants, donations, gifts, funds, and property for benefit of National Minorities from domestic or foreign sources, and administer them accordingly. (Section 3i)
- Initiate eminent domain proceedings in pursuance of aims and purposes. (Section 3j)
- Perform other functions and duties vital to national interest and security as assigned by the President. (Section 3k)

Presidential Assistant (Section 4):
- PANAMIN shall be headed by a Presidential Assistant with cabinet rank and privileges.

Organization Structure of PANAMIN (Section 5):
- Presidential Assistant shall determine organization structure.
- Appoint, discipline, remove, and determine compensation and allowances of personnel.
- Positions that are highly technical, policy determining, or primarily confidential shall not be subject to rules and regulations of Office of Compensation and Position Classification.
- Have consultants and experts from private sector, government agencies, or instrumentalities.
- Appoint tribal chieftains, members of tribal councils, and other tribal leaders, as well as other deserving minorities without civil service eligibility.

Certification of Minorities (Section 6):
- PANAMIN shall have exclusive authority to issue certifications attesting to bona fide membership in a tribal or ethno-linguistic group considered as National Minorities, for purposes of establishing qualifications for government appointments and other benefits.

Appropriations (Section 7):
- PANAMIN shall receive an annual lump sum appropriation in sufficient amounts to finance its operation, programs, projects, and activities.

Repeal of Inconsistent Laws (Section 8):
- All laws, orders, proclamations, rules, regulations, or parts thereof inconsistent with this Decree are repealed or modified accordingly.

Separability Clause (Section 9):
- Any portion or provision declared unconstitutional shall not nullify other provisions, provided remaining portions can still stand and be given effect.

Effectivity (Section 10):
- This Decree shall take effect immediately.