Question & AnswerQ&A (EXECUTIVE ORDER NO. 726)
The NCIP is a government agency created by Republic Act No. 8371, also known as the Indigenous Peoples' Rights Act (IPRA), to recognize, protect, and promote the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) and to serve as the primary agency in the implementation of policies and programs pertaining to indigenous peoples.
Before Executive Order No. 726, the NCIP was placed under the Department of Agrarian Reform by Executive Order No. 364 dated September 27, 2004.
Section 17, Article VII of the 1987 Philippine Constitution provides that the President shall have control over all executive departments, bureaus, and offices and ensure faithful execution of laws. Also, Executive Order No. 292 grants the President the authority to reorganize the administrative structure and transfer functions between departments.
The transfer is justified because the DENR is mandated to conserve, manage, develop, and properly use the country's environment and natural resources; it also has the power to preserve cultural and natural heritage, including protecting ancestral domains and indigenous peoples’ rights within protected areas.
The State recognizes, respects, and protects the rights of Indigenous Cultural Communities and Indigenous Peoples to their ancestral domains, economic, social and cultural well-being, preservation and development of their cultures, traditions, and institutions, and the applicability of customary laws in determining property rights.
This Executive Order takes effect immediately upon its signing on May 23, 2008.
The NCIP was created by Republic Act No. 8371, also known as the Indigenous Peoples' Rights Act of 1997.
The DENR is empowered to conserve specific terrestrial and marine areas representative of the Philippines' natural and cultural heritage through wildlife conservation, segregation of national parks, and management of protected areas, reinforcing its role in safeguarding indigenous peoples' ancestral domains.
The order declares the State's continuing need to be vigilant in protecting indigenous peoples' rights, ensuring respect for their cultural integrity, and guaranteeing equal benefit from national laws and regulations.