Office for Southern Cultural Communities Creation

Constitutional and Government Reorganization Basis

The Executive Order is issued based on the government reorganization mandate in Article II, Section I (a) and Article III of the Freedom Constitution.
Executive Order No. 5 (1986) is recalled as directing that necessary and proper changes in organizational and functional structures of government agencies be effected to promote efficiency and effectiveness in public service delivery.
The Executive Order states that creating a specialized agency with appropriate powers and functions is necessary to implement the State’s policies for Tribal Filipinos, also known as Indigenous Cultural Communities.

Policy and Mandate Objectives

Section 3 declares State policy to ensure the rights and well-being of Southern Cultural Communities, consisting of non-Muslim hilltribes and ethnolinguistic minority groups.
Section 3 requires due regard to their benefits, customs, traditions, and institutions and ensures their contribution to national goals and aspirations.
Section 3 directs that Southern Cultural Communities be made active participants in nation-building.
Section 4 mandates the Office to preserve and develop Southern Cultural Communities’ culture, traditions, institutions, and well-being.
Section 4 requires conformity with the country’s laws and alignment with national unity and development.

Who the Office Covers and Where

Section 2 creates the Office for Southern Cultural Communities to encompass all members of tribal groups in Regions Iv, V, VI, VII, IX, X, XI and XII.
Section 2 places the Office under the supervision and control of the President.
Section 3 defines Southern Cultural Communities as non-Muslim hilltribes and ethnolinguistic minority groups for purposes of the policy.
The Office’s mandate repeatedly targets the welfare, development, assistance, and rights of members of Southern Cultural Communities through national and local coordination.

Core Powers and Government Link Role

Section 5(a) requires the Office to provide advice and assistance to the President on formulation, coordination, implementation, and monitoring of policies, plans, programs, and projects affecting Southern Cultural Communities.
Section 5(a) makes the Office the link between the President and agencies, public or private, internal or external, involved in such programs and projects, and authorizes recommendation of affirmative actions necessary for efficient and effective implementation.
Section 5(b) obliges the Office to undertake and coordinate development programs and projects, including designing, implementing, and maintaining settlements.
Section 5(c) establishes the Office as the primary government agency through which Southern Cultural Communities may seek government assistance, and as the medium through which such assistance may be extended.
Section 5(d) designates the Office as custodian and administrator of existing and reserved Office for Southern Cultural Communities settlements, subdivisions, allocations, distribution of public lands, and lands reserved by the President for Southern Cultural Communities, including ancestral lands as provided for by law.
Section 5(e) authorizes the Office, subject to existing laws and approval of the President, to enter into contracts, agreements, or arrangements (including loans from lending institutions) that finance implementation of the Executive Order.
Section 5(f) authorizes acceptance of grants, donations, gifts, funds, and/or properties in whatever form and from whatever source for the benefit of Southern Cultural Communities, to be administered according to the terms thereof or, if no condition exists, consistent with Southern Cultural Communities’ interests and existing laws.
Section 5(s) authorizes the Office to perform other functions provided by law.

Custody of Land, Certificates, and Resource Protection

Section 5(g) requires studies, policy formulation, planning, and implementation for preservation and development of historical and cultural heritage, including establishing and maintaining ethnographic research centers and museums.
Section 5(h) requires the Office, whenever appropriate, to certify membership of persons belonging to Southern Cultural Communities for qualification for specific requirements of government and private agencies and for other benefits provided by law.
Section 5(i) requires the Office to coordinate enforcement of policies and laws protecting Southern Cultural Communities’ ancestral lands, including customary laws on property rights and relations to determine ownership and extent of ancestral lands, subject to procedures and standards established by the Legislature or other duly constitutional authority.
Section 5(i) allows the Office to enlist assistance of appropriate government agencies, including law enforcement, for ancestral land protection.
Section 5(j) authorizes the Office to acquire, lease, own, sell, or otherwise dispose of properties or assets needed for the Office and to act as custodian or administrator of lands or areas and other properties or assets reserved by the President for the benefit of Southern Cultural Communities.
Section 5(k) mandates inspections or surveys jointly with other appropriate agencies and authorizes the Office to issue necessary certifications before any license, lease, or permit for exploitation of natural resources affecting Southern Cultural Communities or areas occupied by them.
Section 5(k) requires that where conflicts arise, the Office recommend to the President appropriate action.
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 Southern Cultural Communities.

Health, Planning Integration, Education, and Livelihood

Section 5(m) authorizes the Office to provide medical assistance and health programs at sub-office and service center levels in coordination with the Ministry of Health.
Section 5(n) requires the Office to coordinate formulation, design, integration, and implementation (where applicable) of development plans to assist members in developing ancestral lands with contiguous areas occupied by members.
Section 5(n) requires inclusion of livelihood programs and ecological or environmental consideration consistent with national plans or guidelines, including river basin or area development plans and environmental protection for traditional tribal domains, tribal hunting grounds, and sacred ancestral places or tribal cultural assets.
Section 5(o) authorizes and requires the Office to assist, promote, and support community schools, formal and non-formal, incorporating beneficiary communities’ 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 16(a) mandates the Economic Affairs Unit to promote and develop economic livelihood projects and programs through loans, entrepreneurship, trade and marketing assistance.
Section 16(d) requires manpower training and community self-help projects for economic development.
Section 17(d) requires the Cultural Affairs Unit to formulate and implement an education program designed to improve literacy level of adult and out-of-school youth members, subject to approval of the Ministry of Education, Culture and Sports.
Section 17(e) requires establishment and maintenance of a scholarship program for poor but deserving Southern Cultural Communities who wish to pursue high school and higher education.

Dispute Settlement, Customary Law Codification, and Peace

Section 5(q) requires the Office to promote peace and harmony within, between, and among Southern Cultural Communities by acting as mediator and encouraging peaceful settlement of tribal disputes in accordance with prevailing customary laws of each particular tribe.
Section 5(q) requires the Office to codify the customary laws of each particular tribe, especially those on the conduct of adjudication councils.
Section 18(f) requires the Tribal Relations and External Affairs Unit to initiate organization of tribal adjudication councils among different tribal communities and federate them into mother organizations.
Section 18(g) requires strengthening indigenous tribal institutions governing inter-tribal relations as a catalyst role.

Programs Supporting Culture, Research, and Museums

Section 5(g) authorizes preservation and development initiatives, including ethnographic research centers and museums on the culture and institutions of Southern Cultural Communities.
Section 17(a) requires cultural research studies and maintaining research centers and tribal cultural centers.
Section 17(b) mandates establishment and maintenance of a central library, museum, and studio-visual center as repositories of information.
Section 17(c) requires developing procedures and pursuing systematic dissemination of information to promote understanding and goodwill between tribes and communities and the mainstream populace.
Section 17(f) requires oversight and supervision of implementation of policies, plans, programs, and projects on preservation and development of culture, traditions, institutions, and well-being.

Trade, Marketing, and Economic Development

Section 5(p) directs the Office to encourage trade fairs and market centers as outlets for agricultural and handicraft products of Southern Cultural Communities.
Section 5(p) directs the Office to support establishment of other marketing assistance and credit facilities for promotion of trade and entrepreneurship.
Section 16(c) requires economic development projects and coordination of relief assistance.
Section 16(g) requires design, formulation, and implementation of land-use development policies and plans for ancestral and tribal lands including resettlement areas.
Section 16(h) requires management, administration, and supervision of settlement projects.

Mediation with Government; Legislative Proposals

Section 5(r) requires submission to the Legislature, upon approval of the President, of legislative proposals intended to carry out the policy declared in the Executive Order.
Section 19 requires governing boards, councils, committees, and local government units to consult and coordinate with the Office when welfare or interest of Southern Cultural Communities within their operational jurisdiction is affected or would result in displacement.
Section 19 requires that if the Office finds compelling reasons after due investigation that Southern Cultural Communities’ welfare or well-being is prejudiced, the Office must submit recommendations to the President for appropriate reliefs or remedies.
Section 19 authorizes the President to designate the Executive Director or a duly authorized representative to boards, councils, or committees of development units for improved coordination.

Forestry Licensing Inspections and Certificates

Section 20 requires the Office to conduct, jointly with the Bureau of Forest Development, 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 Southern Cultural Communities.
Section 20 directs that the joint inspection determines the extent to which the license, lease, or permit applications affect the rights of Southern Cultural Communities residing therein.
Section 20 requires issuance of certification of the findings based on such inspections.
Section 20 prohibits granting any license, lease, or permit without the prior joint inspection being made.
Section 20 authorizes the Office to interpose objections or present petitions for exclusion of or for recognition of specific rights with specific areas inhabited by Southern Cultural Communities.

Organization, Staffing, and Units

Section 6 provides that the Office is composed of an Executive Director and two (2) Deputy Executive Directors, all appointed by the President.
Section 9 provides the Office includes offices of the Executive Director and Deputy Executive Directors and their immediate staffs, plus Services, Units, Regional Offices, Field Offices, and Sub-offices and Service Centers established under the Executive Order.
Section 10 requires that the staff consists of Administrative Service, Planning Service, Finance and Management Service, and Legal Service, each headed by a Staff Director.
Section 15 provides that Units of the Office are: the Economic Affairs Unit, Cultural Unit, and Tribal Relations and External Affairs Unit.

Administrative Supervision and Discipline

Section 8 vests administrative supervision and control over personnel (other than Deputy Executive Directors) and properties of the Office in the Executive Director.
Section 8 provides that appointment and imposition of disciplinary measures on such personnel are likewise vested in the Executive Director, in consultation with the Deputy Executive Directors, except where the charge entails circumstances alleged in the complaint.
Section 8 provides that when the administrative charge entails consideration of dismissal from service, the decision on dismissal is by the majority of all the members of the Office.
Section 8 authorizes the Executive Director to exercise administrative supervision over the Deputy Executive Directors.
Section 8 requires Deputy Executive Directors to assist the Executive Director and authorizes the Executive Director to assign or delegate specific substantive or administrative responsibilities to either Deputy Executive Director.

Regional and Field Operations

Section 23 authorizes Regional Offices in administrative regions of the country, each headed by a Regional Director.
Section 23 requires each Regional Office to implement the Office’s laws, rules, regulations, policies, plans, programs, and projects; provide efficient and effective service; and coordinate with regional offices, local government units, and perform other functions provided by law.
Section 23 authorizes the Office to maintain field offices and sub-offices and service centers whenever provided by law, with functions determined by the Office where necessary and feasible.

Legal Service and Customary Law Work

Section 14 requires the Legal Service to provide legal education and assistance for Southern Cultural Communities in litigations involving their persons or interests.
Section 14 requires research, compilation, and codification of customary laws and traditions of each tribe, and assistance to the Legislative Branch in initiating and enacting legislation benefiting Southern Cultural Communities.
Section 14 requires technical assistance for orderly conduct of tribal adjudication councils and coordination with duly constituted authorities in providing protective service to members.
Section 14 requires acting as legal counsel of the Office, investigating cases involving the Office’s personnel, and recommending appropriate actions to the Office.

Consultative Body and Employment Preference

Section 21 authorizes the Executive Director to create a consultative body composed of the Deputy Executive Directors and representatives from Southern Cultural Communities, with the number determined by the Executive Director.
Section 21 requires the consultative body to meet quarterly or whenever called by the Executive Director.
Section 22 requires the Executive Director to appoint, for the extent practicable, deserving members of Southern Cultural Communities to appropriate positions even without required civil service eligibility under Section 23 of Presidential Decree No. 807, consonant with Presidential Decree No. 1414.
Section 22 requires priority consideration to qualified Southern Cultural Communities members who possess civil service eligibility.
Section 22 requires preference, when filling positions in the approved position structure and staffing pattern, for qualified and eligible personnel of the former Bureau of National Minorities.

Transitional Structure, Continuity of Contracts

Section 24 provides that existing legitimate contracts, agreements, and obligations entered into or incurred by the defunct Office of Muslim Affairs and Cultural Communities and other affected offices continue in force.
Section 24 requires such contracts and obligations to be subject to review by the Office and to subsequent legal action as may be 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 authorized positions created thereunder.
Section 25 requires authorized positions created to be filled with regular appointments by him or by the President as the case may be.
Section 25 provides that incumbents of the defunct Office of Muslim Affairs and Cultural Communities whose positions are not included or who are not appointed are deemed separated from the service.
Section 25 requires separated personnel to receive retirement benefits under existing laws, rules, and regulations, and otherwise receive the equivalent of one-month basic salary for every year of service or equivalent nearest fraction.
Section 25 caps the payment at the equivalent 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 separation/replacement of any officer or employee under the Executive Order.

Performance Evaluation, Continuity of Reorganization Approval

Section 26 requires the Executive Director to formulate and enforce a system of measuring and evaluating performance periodically and objectively.
Section 26 requires annual submission of the performance evaluation system to the President.
Section 27 prohibits any change in the reorganization from becoming valid unless approved by the President to promote efficiency and effectiveness in public service delivery.

Funding, Implementing Issuances, and Repeal

Section 28 provides that funds needed to carry out the Executive Order provisions shall be taken from funds available in the Office of Muslim Affairs and Cultural Communities.
Section 29 requires the Executive Director to issue rules, regulations, and other issuances necessary for effective implementation.
Section 31 repeals or modifies inconsistent laws, ordinances, rules, regulations, other issuances, or parts thereof.

Separability and Immediate Legal Effect

Section 30 provides separability: unconstitutional portions do not nullify other portions if the remaining provisions can still subsist and be given effect in their entirety.
Section 32 establishes immediate effect upon approval.
The Executive Order’s provisions establish the Office, define its policy mandate and operational coverage, create organizational structures, and require implementation steps through the Executive Director and Office systems.