QuestionsQuestions (EXECUTIVE ORDER NO. 726)
To transfer the National Commission on Indigenous Peoples (NCIP) from the Department of Agrarian Reform (DAR) to the Department of Environment and Natural Resources (DENR).
The National Commission on Indigenous Peoples (NCIP) is placed under the DENR.
It states that the Executive Order takes effect immediately.
Republic Act No. 8371, titled “An Act to Recognize, Protect and Promote the Rights of Indigenous Cultural Communities/Indigenous Peoples, Creating the National Commission on Indigenous Peoples…”
E.O. 726 states that NCIP was placed under DAR by Executive Order No. 364 (dated September 27, 2004).
It is stated in the text as “Transforming the Department of Agrarian Reform into the Department of Land Reform.”
Section 17, Article VII of the 1987 Constitution, which provides that the President has control of all executive departments, bureaus, and offices and ensures that laws are faithfully executed.
Paragraph 2, Section 31, Chapter 10, Title III, Book III of E.O. No. 292.
It argues DENR is the primary agency for conservation, management, development, and proper use of natural resources, including preserving cultural and natural heritage and segregation of protected areas.
It emphasizes the State duty to protect Indigenous Peoples’ rights to ancestral domains, preserve and develop culture, and recognize customary laws governing property rights.
It recognizes applicability of customary laws in determining ownership and extent of ancestral domain, and protects rights of Indigenous cultural communities and Indigenous peoples to ancestral domains.
The text indicates it concerns administrative placement/oversight (transfer of NCIP to another department), not a change in substantive rights. The rights framework is still anchored on R.A. 8371.
It states DENR powers include preservation of cultural and natural heritage through wildlife conservation and segregation of national parks and other protected areas.
Administrative supervision and coordination for NCIP functions will be within DENR’s executive department structure, while NCIP’s statutory mandate under R.A. 8371 remains.
As a policy justification to ensure institutional arrangements do not undermine equal access to rights, opportunities, and protection granted by national laws.
It is dated May 23, 2008, and signed by President Gloria Macapagal-Arroyo, with Eduardo R. Ermita as Executive Secretary.
Whether the President properly exercised authority under the cited constitutional provision and E.O. 292 to transfer functions without violating statutory mandates or due process requirements for reorganization.