QuestionsQuestions (EXECUTIVE ORDER NO. 122-B)
EO 122-B is anchored on the constitutional mandate for government reorganization and the government’s duty to ensure efficiency in public service delivery. It declares a policy to protect the rights and well-being of Northern Cultural Communities (non-Muslim hill tribes and ethnolinguistic minority groups), respect their beliefs/customs/traditions/institutions, preserve cultural heritage, and ensure their participation in national development and national unity.
EO 122-B covers all members of tribal groups in Regions I, II, and III. The “Northern Cultural Communities” consist of non-Muslim hill tribes and ethnolinguistic minority groups.
The Office must preserve and develop the culture, traditions, institutions, and well-being of Northern Cultural Communities, and it must act in conformity with the country’s laws and in consonance with national unity and development.
Examples include: (1) advising and assisting the President in policy formulation, coordination, implementation, and monitoring; (2) undertaking and coordinating development programs and projects, including settlements; (3) serving as the primary conduit for government assistance; (4) administering existing Office settlements and allocations of public lands and ancestral lands reserved by the President; (5) entering into contracts/arrangements (subject to Presidential approval for loans) to implement objectives; (6) accepting grants/donations and administering them; (7) certifying membership for benefits; (8) coordinating protection/enforcement of ancestral land rights; and others listed in Section 5.
The Office is designated as custodian and administrator of existing Office settlements/subdivisions/allocations and distribution of public lands, and of those reserved by the President for Northern Cultural Communities, including ancestral lands as provided by law (subject to existing legal frameworks). It is also authorized to acquire/lease/own and dispose of properties/assets reserved for their benefit.
The Office may certify, whenever appropriate, membership of persons belonging to Northern Cultural Communities for qualification in specific requirements of government and private agencies and for other benefits provided by law.
EO 122-B requires the Office to conduct prior joint inspection (with the Bureau of Forest Development) of areas covered by applications for licenses/leases/permits under the Revised Forestry Code in provinces/cities inhabited by Northern Cultural Communities. No license/lease/permit may be granted without such prior joint inspection. The Office may interpose objections or petitions for exclusion/recognition regarding areas affecting the communities.
The Office promotes peace and harmony by acting as mediator and encouraging peaceful settlement of tribal disputes in accordance with prevailing customary laws of each tribe. It is also tasked to codify customary laws, especially those on the conduct of adjudication councils.
EO 122-B provides that the Office shall provide medical assistance and health programs at the sub-office and service center levels in coordination with the Ministry of Health.
The Office is directed to codify customary laws of each tribe, especially those governing the conduct of adjudication councils. The Legal Service is also tasked to undertake research, compilation, and codification of customary laws and traditions, and to provide technical assistance for the organization and orderly conduct of tribal adjudication councils.
The Executive Director may establish/prescribe rules and regulations governing the Office’s operations (Section 7 and Section 29). EO 122-B also allows the creation of a consultative body (Section 21). Additionally, under Section 25, the Executive Director is required to approve and prescribe the new structure/staffing pattern within 120 days from EO approval.
The Office consists of an Executive Director and two (2) Deputy Executive Directors. All are appointed by the President.
Administrative supervision and control over personnel (other than the Deputy Executive Directors) and properties of the Office is vested in the Executive Director. Except for Presidential appointees, appointment and disciplinary measures over these personnel are vested in the Executive Director in consultation with the Deputy Executive Director. If the administrative charge entails dismissal, the decision is by the majority of all members of the Office.
Services include: Administrative Service, Planning Service, Finance and Management Service, and Legal Service. Units include: Economic Affairs Unit, Cultural Affairs Unit, and Tribal Relations and External Affairs Unit.
Other boards/councils/committees and LGUs must consult and coordinate with the Office whenever the welfare/interests of Northern Cultural Communities within their planning or jurisdiction are affected or may result in displacement. If the Office finds prejudice, it submits recommendations to the President for relief/remedies. The President may designate the Executive Director or representative to such bodies to improve coordination.
For positions in the Office, the Executive Director must, as far as practicable, appoint deserving members of Northern Cultural Communities even without civil service eligibility (subject to relevant statutes referenced in EO 122-B), while giving priority to qualified members with civil service eligibility. It also provides preference to qualified and eligible personnel of the former Bureau of National Minorities when filling positions in the approved structure.
The new structure must be approved within 120 days and positions filled through regular appointments by the Executive Director or President as applicable. Incumbents whose positions are not included or who are not appointed are deemed separated, receiving retirement benefits under existing laws; otherwise they receive severance equivalent to one month basic salary for every year of service (nearest fraction), capped at twelve months. No court or administrative body may issue a TRO/preliminary injunction to enjoin the separation/replacement effected under the EO.
Funding is taken from funds available in the Office of Muslim Affairs and Cultural Communities. The separability clause states that an unconstitutional portion won’t nullify valid remaining provisions if the rest can still subsist. The repealing clause provides that all laws/issuances inconsistent with EO 122-B are repealed or modified accordingly.