Creation of Office of Muslim Affairs and Cultural Communities

Constitutional and legal basis

The order is anchored on the President’s authority under Presidential Decree No. 1416, as amended.
The order implements the Constitutional mandate that the State shall consider the customs, traditions, beliefs, and interests of national cultural communities in formulating and implementing state policies (Section 11, Article XV of the Constitution).
The President is empowered to undertake organizational improvements through Presidential Decree No. 1416, as amended.

Policy statement and purpose

Section 1 establishes State policy to integrate national cultural communities into the mainstream of Filipino society, with due regard for their beliefs, customs, traditions, and institutions.
Section 1 directs the State to enhance the contributions of cultural communities to national goals and aspirations through equal standing in stature, dignity, and opportunity with other citizens.
Section 3 directs the Office to develop and implement programs and projects to carry out Section 11, Article XV of the Constitution and Section 1 of the Executive Order.

Creation and placement of the Office

Section 2 creates the Office of Muslim Affairs and Cultural Communities, referred to as the Office, through a merger.
The merger combines: (a) the Office of Muslim Affairs established under Executive Orders Nos. 697 and 711, and (b) the Office of the Presidential Assistant on National Minorities under Presidential Decree No. 1414.
The merger includes the applicable functions, appropriations, records, property and equipment, and personnel necessary for continuity and operations.
The Office is directly under the President of the Philippines.
Section 10 places the Philippine Pilgrimage Authority under the administrative supervision of the Office.

Core responsibilities and powers

Section 4 makes the Office responsible for advising and assisting the President on policies, development programs, and projects affecting cultural communities, and for serving as the President’s link to relevant internal and external agencies.
Section 4 empowers the Office, when authorized by the President, to represent the President on matters concerning cultural communities and to recommend actions for efficient and effective implementation.
Section 4 authorizes the Office, when authorized by the President, to undertake development programs and projects for cultural communities, including designing, implementing, and maintaining settlements for Filipinos belonging to cultural communities, while avoiding unnecessary overlapping or duplication with other agencies.
Section 4 designates the Office as the primary government entity through which cultural communities seek government assistance and as the instrumentality for extending such assistance.
Section 4 authorizes the Office to give grants-in-aid from its appropriations or other funds from whatever source to cooperating government or private entities for cultural-community development programs and projects.
Section 4 authorizes the Office to provide services including legal assistance, medical aid relief, and other forms of help for the socio-economic uplift of cultural communities.
Section 4 authorizes the Office, subject to existing policies and guidelines, to enter into contracts, agreements, or arrangements with government or private agencies to attain its objectives, including contracting loans.
Section 4 provides that contracting of loans requires approval of the President, and the Office is authorized to arrange such loans from government financial institutions.
Section 4 authorizes the Office to accept grants, donations, gifts, funds, and/or property for the benefit of cultural communities in any form and from any source, and to administer them according to their terms or—if there are no conditions—consistent with the interests of cultural communities.
Section 4 authorizes ethnographic research centers and museums to be established and maintained for policy formulation, program implementation, and preservation of historical legacy, including preservation of artifacts and other evidences of cultural communities’ lifeways.
Section 4 authorizes the Office to certify membership in cultural communities when necessary for qualifications in government appointments and for other benefits as provided by law.
Section 4 authorizes, subject to approval of the President, the initiation of eminent domain proceedings to pursue the aims and purposes of the Executive Order.
Section 4 authorizes the Office to acquire, lease, or own property or assets in whatever form necessary, and to sell or otherwise dispose of the same.
Section 4 authorizes the Office to serve as custodian or administrator of lands, areas, and other properties or assets reserved by the President for the benefit of Filipinos belonging to cultural communities.
Section 4 authorizes the Office to conduct inspection or surveys (including joint inspections with other agencies) and to issue certifications as necessary prior to the grant of any license, lease, or permit for whatever purpose, including exploitation of natural resources, that affects cultural communities or areas occupied by them.
Section 4 requires that, in case of conflicts, the Office recommend to the President the action appropriate under the circumstances.
Section 4 includes a residual authority for the Office to perform other related functions directed by the President or assigned by law.

Organizational structure and leadership powers

Section 5 vests the authority and responsibility for the Office in the Director General, appointed by the President.
Section 5 provides that the Director General is assisted by Deputy Directors General appointed by the President.
Section 5 authorizes the Director General to determine and assign functional areas of responsibility among the Deputy Directors General, covering the substantive functions and operations of the Office.
Section 5 prohibits having a Deputy Director General for Administration.
Section 6 provides that the Office proper comprises: the Office of the Director General, the Administrative Service, the Financial and Management Service, and the Planning Service.
Section 6 provides that the Deputy Director(s) General form part of the Office of the Director General.
Section 6 states that the Services perform standard functions and duties assigned under Part II of Presidential Decree No. 1, as amended, known as the Integrated Reorganization Plan.

New bureaus and their coverage

Section 7 creates a Bureau of Muslim Affairs through merger of the Bureau of Muslim Cultural Affairs and the Bureau of Muslim Economic Affairs of the former Office of Muslim Affairs.
Section 8 creates a Bureau of National Minorities to assume the functions of the former Office of the Presidential Assistant on National Minorities (PANAMIN).
Section 8 applies the term “national minorities” to non-Muslim hill tribe cultural minorities throughout the Philippines, including those referred to under Presidential Decree No. 719.
Section 8 allows additional ethno-linguistic groups to be included only upon approval by the President upon recommendation of the Office.
Section 8 requires the Office to submit to the President a list of national minorities covered, including: (a) major ethno-linguistic characteristics, (b) approximate population, and (c) geographical location of each group.
Section 9 requires that the Office of the Director General exercises supervision and control over the Bureau of Muslim Affairs and the Bureau of National Minorities.

Oversight links and field offices

Section 11 provides that the Director General assumes the position of Chairman or member (as appropriate) of all boards and other bodies previously held in an ex-officio capacity by either the Director General of the former Office of Muslim Affairs or the former PANAMIN Director.
Section 12 authorizes the Office to establish field offices as necessary under the supervision and control of the Director General.
Section 12 allows field offices to be established without conforming to the standard decentralization pattern under Part II of the Integrated Reorganization Plan as amended.
Section 12 assigns field offices responsibility for implementing programs and operations of the Office in the field.
Section 12 requires President approval for establishment of additional field offices beyond those already existing at the time of approval of the Executive Order.

Continuity of obligations and administrative implementation

Section 13 provides that existing valid contracts, agreements, and other obligations of the former Office of Muslim Affairs and the former PANAMIN continue in force and are honored by the new Office.
Section 13 authorizes review and subsequent appropriate action over continuing contracts and obligations.
Section 14 authorizes the Director General to issue orders, rules, and regulations necessary to implement the Executive Order.
Section 14 requires approval of the Office of Budget and Management for the staffing pattern of the new Office created by the merger, including appropriate salary rates, organizational structure at divisional and lower levels, and realignment of existing appropriations.
Section 14 authorizes appointment of qualified personnel from the merged Offices to positions in the approved staffing pattern.
Section 14 deems personnel not appointed under the approved staffing pattern as laid off.
Section 14 requires the Director General to implement the Executive Order—particularly personnel actions—within six months from June 30, 1984.

Personnel transition, laid-off status, benefits, and repeals

Section 15 lays off all Presidential appointees of the merged Offices (including the respective bureaus, offices, and units under their supervision and control) unless reappointed by the President.
Section 15 requires reappointment or reassignment of Career Executive Service Officers by the President upon recommendation of the Director General to a