MALACAÑAN PALACE
MANILABY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 11
TRANSFERRING THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES FROM THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO THE OFFICE OF THE PRESIDENT OF THE PHILIPPINES
WHEREAS, Republic Act No. 8371, otherwise known as the "Indigenous Peoples Rights Act", approved on 29 October 1997, created the National Commission on Indigenous Peoples, an independent agency under the Office of the President, as the primary government agency that will formulate and implement policies, plans and programs to promote and protect the rights and well-being of the Indigenous Cultural Communities/Indigenous Peoples and recognize their ancestral domains as well as their rights thereto;
WHEREAS, Executive Order No. 364 dated 27 September 2004, as amended, placed the National Commission on Indigenous Peoples under the Department of Agrarian Reform to consolidate in said department all concerns regarding asset reform which cover, among others, ancestral domain reform;
WHEREAS, Executive Order No. 726 dated 23 May 2008 transferred the National Commission on Indigenous Peoples to the Department of Environment...
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Executive Orders
Transferring the National Commission On Indigenous Peoples From the Department of Environment and Natural Resources to the office of the President of the Philippines
Executive Order No. 11
Transfer of the National Commission on Indigenous Peoples (NCIP) from the Department of Environment and Natural Resources to the Office of the President
- Background and Rationale:
- Republic Act No. 8371 (Indigenous Peoples Rights Act) created the NCIP as an independent agency under the Office of the President to formulate and implement policies, plans, and programs for the rights and well-being of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) and recognize their ancestral domains. (Whereas clauses)
- The NCIP was previously transferred to different agencies (Department of Agrarian Reform, Department of Environment and Natural Resources, and temporarily to the Office of the President) due to various reasons. (Whereas clauses)
- There is an urgent need to clearly define the administrative attachment of the NCIP to the Office of the President to address the needs and aspirations of ICCs/IPs, ensure consistency in policies, programs, project coordination and implementation, and have the highest officials of the land prioritize their rights and welfare. (Whereas clauses)
- Provisions:
- Section 1: Transfers the NCIP from the Department of Environment and Natural Resources to the Office of the President to ensure concerted efforts in formulating and implementing policies, programs, and projects for the protection and promotion of the rights and welfare of ICCs/IPs. (Section 1)
- Section 2: Repeals or modifies all other executive issuances, orders, rules, regulations or parts thereof inconsistent with this Executive Order. (Section 2)
- Section 3: This Executive Order shall take effect immediately upon publication in a newspaper of general circulation. (Section 3)
- Legal Basis:
- Section 17, Article VII of the Constitution: The President shall have control of all the executive departments, bureaus and offices and shall ensure that all laws be faithfully executed. (Whereas clause)
- Section 31 (2) and (3), Chapter 10, Title III, Book III of the Administrative Code of 1987: Grants the President the continuing authority to reorganize the administrative structure of the Office of the President and for this purpose, transfer functions and agencies to the Office of the President from other departments or agencies. (Whereas clause)
- Background and Rationale:
- Republic Act No. 8371 (Indigenous Peoples Rights Act) created the NCIP as an independent agency under the Office of the President to formulate and implement policies, plans, and programs for the rights and well-being of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) and recognize their ancestral domains. (Whereas clauses)
- The NCIP was previously transferred to different agencies (Department of Agrarian Reform, Department of Environment and Natural Resources, and temporarily to the Office of the President) due to various reasons. (Whereas clauses)
- There is an urgent need to clearly define the administrative attachment of the NCIP to the Office of the President to address the needs and aspirations of ICCs/IPs, ensure consistency in policies, programs, project coordination and implementation, and have the highest officials of the land prioritize their rights and welfare. (Whereas clauses)
- Provisions:
- Section 1: Transfers the NCIP from the Department of Environment and Natural Resources to the Office of the President to ensure concerted efforts in formulating and implementing policies, programs, and projects for the protection and promotion of the rights and welfare of ICCs/IPs. (Section 1)
- Section 2: Repeals or modifies all other executive issuances, orders, rules, regulations or parts thereof inconsistent with this Executive Order. (Section 2)
- Section 3: This Executive Order shall take effect immediately upon publication in a newspaper of general circulation. (Section 3)
- Legal Basis:
- Section 17, Article VII of the Constitution: The President shall have control of all the executive departments, bureaus and offices and shall ensure that all laws be faithfully executed. (Whereas clause)
- Section 31 (2) and (3), Chapter 10, Title III, Book III of the Administrative Code of 1987: Grants the President the continuing authority to reorganize the administrative structure of the Office of the President and for this purpose, transfer functions and agencies to the Office of the President from other departments or agencies. (Whereas clause)