Office for Northern Cultural Communities EO 122-B

Constitutional and legal basis

The Executive Order is issued pursuant to the reorganization mandate in Article II, Section I (a) and Article III of the Freedom Constitution.
The Executive Order is premised on Executive Order No. 5 (1986) directing necessary and proper changes in government organizational and functional structures to promote efficiency and effectiveness in public service delivery.
The Executive Order affirms the government’s commitment to formulate vigorous policies, plans, programs, and projects for Tribal Filipinos, otherwise known as Indigenous Cultural Communities.

Policy declaration and mandate

Section 3 declares State policy to ensure the rights and well-being of Northern Cultural Communities, consisting of non-Muslim hilltribes and ethnolinguistic minority groups, with due regard to beliefs, customs, traditions, and institutions.
Section 3 further declares a policy objective to ensure Northern Cultural Communities’ contribution to national goals and aspirations and to make them active participants in national development for national unity.
Section 4 mandates the Office to preserve and develop the culture, traditions, institutions, and well-being of the northern cultural communities, conforming with the country’s laws and in consonance with national unity and development.

Creation, supervision, and governing rules

Section 2 creates the Office for Northern Cultural Communities, encompassing all members of tribal groups in Regions I, II, and III, under the supervision and control of the President.
Section 6 provides that the Office is composed of an Executive Director and two (2) Deputy Executive Directors, all appointed by the President.
Section 7 authorizes the Office to establish and prescribe rules and regulations governing the conduct of its operations.
Section 8 vests administrative supervision and control over Office personnel (other than the Deputy Executive Directors) and Office properties in the Executive Director, with the appointment and disciplinary measures of such personnel handled by the Executive Director in consultation with the Deputy Executive Director.
Section 8 provides an exception for disciplinary cases entailing dismissal from the service, requiring the decision by the majority of all the members of the Office.

Core powers and functions of the Office

Section 5(a) authorizes the Office to provide advice and assistance to the President on formulation, coordination, implementation, and monitoring of policies, plans, programs, and projects affecting Northern Cultural Communities, act as a link between the President and involved agencies (public or private), and recommend affirmative actions for efficient and effective implementation.
Section 5(b) empowers the Office to undertake and coordinate development programs and projects for the advancement of Northern Cultural Communities, including designing, implementing, and maintaining settlements.
Section 5(c) designates the Office as the primary government agency through which Northern Cultural Communities can seek government assistance and as the medium through which such assistance is extended.
Section 5(d) makes the Office custodian and administrator of all existing Office settlements, subdivisions, allocations, and distribution of public lands, and those reserved by the President for Northern Cultural Communities, including ancestral lands as provided by law.
Section 5(e) allows the Office to enter contracts, agreements, or arrangements with government or private agencies or entities, including obtaining loans, subject to existing laws and approval of the President, to finance implementation of the Executive Order.
Section 5(f) authorizes the Office to accept grants, donations, gifts, funds, and/or properties in whatever form and from whatever source for the benefit of Northern Cultural Communities, and administer them according to their terms or, if none exist, in a manner consistent with the interests of Northern Cultural Communities and existing laws.
Section 5(g) authorizes the Office to conduct studies, formulate policies and plans, and implement programs and projects for preservation and development of historical and cultural heritage; and to establish and maintain ethnographic research centers and museums.
Section 5(h) empowers the Office to certify, whenever appropriate, membership of persons belonging to Northern Cultural Communities for government and private qualification requirements and other benefits provided by law.
Section 5(i) empowers the Office to coordinate enforcement of policies and laws protecting rights of Northern Cultural Communities to ancestral lands, including application of customary laws governing property rights and relations, for determining ownership and extent of ancestral lands, subject to procedures and standards established by the Legislature or other duly constitutional authority; and to enlist assistance of appropriate government agencies including those concerned with law enforcement.
Section 5(j) authorizes the Office to acquire, lease, or own properties or assets as necessary, and to sell or otherwise dispose of such properties or assets reserved by the President for the benefit of Northern Cultural Communities.
Section 5(k) authorizes joint inspections or surveys with other appropriate agencies and issuance of necessary certifications prior to the grant of licenses, leases, or permits for exploitation of natural resources affecting Northern Cultural Communities’ interests or areas occupied by them; and requires the Office, in case of conflicts, to recommend appropriate action to the President.
Section 5(l) requires the Office to provide legal and technical services for survey, adjudication, titling, and development of tribal ancestral lands and settlements proclaimed for Northern Cultural Communities.
Section 5(m) authorizes provision of medical assistance and health programs at sub-office and service center levels in coordination with the Ministry of Health.
Section 5(n) mandates coordination of development plans assisting members in developing ancestral lands with respect to contiguous areas, incorporating livelihood programs and ecological/environmental considerations consistent with national plans or guidelines, river basin or area development plans, and environmental protection for traditional tribal domains, tribal hunting grounds, sacred ancestral places, or tribal cultural assets.
Section 5(o) authorizes assistance, promotion, and support of community schools (formal and non-formal) incorporating cultural values consistent with Filipino values of good citizenship and love of country, preferably where existing educational facilities are not accessible, in coordination with the Ministry of Education, Culture and Sports.
Section 5(p) authorizes promotion of trade fairs and market centers as outlets for agricultural and handicraft products of Northern Cultural Communities.
Section 5(q) requires the Office to promote peace and harmony within, between, and among Northern Cultural Communities by acting as mediator and encouraging peaceful settlement of tribal disputes in accordance with prevailing customary laws of each tribe, including codifying customary laws on the conduct of adjudication councils.
Section 5(r) requires submission to the Legislature, upon approval of the President, of legislative proposals intended to carry out the declared policy.
Section 5(s) authorizes the Office to perform other functions as may be provided by law.

Organizational structure and internal functions

Sections 9 and 10 provide that the Office consists of offices of the Executive Director and Deputy Executive Directors and their immediate staffs, and includes Services, Units, Regional Offices, Field Offices, Sub-offices, and Service Centers.
Section 10 provides that services are Administrative Service, Planning Service, Finance and Management Service, and Legal Service, each headed by a Staff Director.
Sections 11–13 assign the Administrative Service responsibilities for personnel, information, records, supplies, equipment, collection, disbursement, security, and custodial work; the Planning Service for planning, monitoring, and project development; and the Finance and Management Service for budgetary, financial, and management advice and assistance.
Section 14 assigns the Legal Service responsibilities to provide legal education and assistance in litigations involving Northern Cultural Communities’ persons or interests; research, compilation, and codification of customary laws and traditions of each tribe; assist the Legislative Branch in initiating and enacting legislation benefiting Northern Cultural Communities; extend technical assistance for organization and orderly conduct of tribal adjudication councils; coordinate protective services; act as legal counsel of the Office; investigate cases involving Office personnel; and recommend appropriate action.
Section 15 establishes Units: Economic Affairs Unit, Cultural Affairs Unit, and Tribal Relations and External Affairs Unit.
Sections 16–18 define unit functions:
- Economic Affairs Unit (Section 16) promotes and develops economic livelihood projects through loans and assistance in entrepreneurship, trade and marketing; undertakes studies for economic well-being including ecological balance and conservation of patrimony; implements economic development projects and coordinates relief assistance; formulates manpower training and self-help projects; conducts feasibility studies on medical assistance; oversees economic livelihood development implementation by regional and field offices; designs land-use development policies including resettlement areas; and manages settlement projects.
- Cultural Affairs Unit (Section 17) researches cultural development; maintains research centers and tribal cultural centers; maintains central library, museum, and audio-visual center; develops procedures for dissemination of information; implements education program for adult and out-of-school youth literacy subject to approval of the Ministry of Education, Culture and Sports; develops and maintains scholarship program for poor but deserving members pursuing high school and higher education; oversees preservation and development of culture, traditions, institutions, and well-being; and coordinates with national agencies on cultural programs and objectives.
- Tribal Relations and External Affairs Unit (Section 18) serves as the Office’s political arm; plans and monitors affirmative actions and positive cultural values; links the Office to local and international private and non-government organizations; negotiates with government agencies across local, regional, national, and international levels; initiates symposia to instill tribes’ place in contemporary Philippine society; initiates and federates tribal adjudication councils; strengthens indigenous tribal institutions governing inter-tribal relations; accepts grants, gifts, donations of funds and properties pursuant to Section 5(f); and acts as the Office’s public relations and information center.

Coordination, approvals, and operational procedures

Section 19 requires governing boards, councils, committees, and local government units to consult and coordinate with the Office when Northern Cultural Communities’ welfare or interests in their planning area or operational jurisdiction are affected or would result in displacement.
Section 19 requires the Office, after due investigation, to submit recommendations to the President for appropriate reliefs or remedies when it finds compelling reasons that welfare, interest, or well-being of Northern Cultural Communities are prejudiced.
Section 19 allows the President to designate the Executive Director or authorized representative to boards, councils, or committees to ensure better coordination of policies, plans, programs, and projects.
Section 20 requires the Office to conduct, jointly with the Bureau of Forest Development, prior inspection of areas covered by applications for licenses, leases, or permits granted under the Revised Forestry Code (Presidential Decree No. 705) in provinces and cities inhabited by Northern Cultural Communities, based on the latest official population census.
Section 20 requires the joint inspection to determine the extent to which applications affect rights of Northern Cultural Communities residing therein, and for the Office (based on the inspection) to issue certification of the findings.
Section 20 prohibits granting any such license, lease, or permit without the prior joint inspection.
Section 20 authorizes the Office to interpose objections or present petitions for exclusion of or for recognition of specific parliamentary rights with specific areas inhabited by Northern Cultural Communities.
Section 21 allows the Executive Director to create a consultative body composed of Deputy Executive Directors and representatives from Northern Cultural Communities, with the number determined by the Executive Director, to advise on problems and aspirations; it must meet quarterly or whenever called.
Section 22 directs that, for the extent practicable, the Executive Director shall appoint deserving Northern Cultural Communities members to appropriate positions even without required civil service eligibility under Section 23 of Presidential Decree No. 807, consistent with Presidential Decree No. 1414, while giving priority to qualified members with civil service eligibility.
Section 22 requires preference in filling positions in the approved position structure and staffing pattern of the Office to qualified and eligible personnel of the former Bureau of National Minorities.

Regional offices, continuity of contracts, and staffing changes

Section 23 authorizes the establishment and operation of Regional Offices in appropriate administrative regions, each headed by a Regional Director with functions to implement Office laws, rules, regulations, policies, plans, programs, and projects; provide efficient and effective service; coordinate with regional ministries/offices/agencies; coordinate with local government units; and perform other functions provided by law.
Section 23 authorizes maintenance of field offices, sub-offices, and service centers when provided by law, with their functions determined by the Office when necessary and feasible.
Section 24 requires that all existing legitimate contracts, agreements, and other obligations entered into or incurred by the defunct Office of Muslim Affairs and Cultural Communities and other affected offices that have powers and functions succeeded to by the Office continue in force, subject to review by the Office and subsequent legal action as proper, just, and fair.
Section 25 requires the Executive Director to approve and prescribe the new structure and staffing pattern within one hundred twenty (120) days from approval of the Executive Order and created authorized positions.
Section 25 provides that incumbents of the defunct Office of Muslim Affairs and Cultural Communities whose positions are not included or not appointed are deemed separated from service.
Section 25 provides for separated employees’ retirement benefits under existing laws, rules, and regulations, and otherwise entitles them to severance equal to one-month basic salary for every year of service using the nearest fraction, based on the highest salary received, with a cap of twelve (12) months salary.
Section 25 prohibits any court or administrative body from issuing any writ of preliminary injunction or restraining order to enjoin the separation/replacement of any officer/employee effected under the Executive Order, with the term “officer” intended to mean “official” under the Freedom Constitution and succeeding constitution.
Section 26 requires the Executive Director to formulate and enforce a system for periodically measuring and objectively evaluating the Office’s performance, and to submit it annually to the President.
Section 27 prohibits any change in the reorganization prescribed by the Executive Order unless approved by the President to promote efficiency and effectiveness in public service delivery.

Funding and implementing authority

Section 28 provides that funds needed to carry out the Executive Order shall be taken from funds available in the Office of Muslim Affairs and Cultural Communities.
Section 29 requires the Executive Director to issue necessary rules, regulations, and other issuances to ensure effective implementation.

Separability and repealing provisions

Section 30 provides separability: any portion or provision declared unconstitutional does not nullify other portions or provisions as long as the remaining portions can still subsist and be given effect in their entirety.
Section 31 repeals or modifies all laws, ordinances, rules, regulations, other issuances, or parts thereof, inconsistent with the Executive Order.