Law Summary

Introduction

This Executive Order, issued on January 30, 1987, by President Corazon C. Aquino, formalizes the abolition of the Office of Muslim Affairs and Cultural Communities and outlines the reorganization of related governmental structures in the Philippines.

Reorganization of Government Agencies

• Legal Principle: The Office of Muslim Affairs and Cultural Communities is abolished.
• New Agencies Created:
  • Office for Northern Cultural Communities
  • Office for Southern Cultural Communities
• Function Absorption: The newly created offices will absorb all functions of the Bureau of Muslim Affairs.

Division of Funds and Assets

• Key Definitions:
  • "Assets" refer to records, equipment, facilities, and rights of the defunct office and agencies.
• Division of Assets:
  • Assets of the defunct Presidential Assistant on National Minorities and associated records will accrue to the Offices for Northern and Southern Cultural Communities.
  • Assets of the defunct Ministry of Muslim Affairs will accrue to the Office on Muslim Affairs.
  • Equipment and facilities from staff services will be inventoried and divided among the three offices.
• Liabilities: Unexpended balances and liabilities will also be divided among the three offices.

Implementation

• Implementing Agency: The President will designate an agency to oversee the implementation of the reorganization provisions.
• Personnel Provisions:
  • Existing officers and employees will continue in a holdover capacity with rights and privileges governed by subsequent executive orders.
  • Their salaries and benefits will remain until separation per Executive Order No. 17 (1986) or Article III of the Freedom Constitution.

Police Power

• Legal Authority: The dissolution of the Office of Muslim Affairs and Cultural Communities is an exercise of the police power of the State.

Funding Provisions

• Source of Funding: Necessary funds for implementing this Executive Order will be sourced from the existing funds of the Office of Muslim Affairs and Cultural Communities.

Separability Clause

• Constitutional Compliance: If any provision of this Executive Order is declared unconstitutional, the remaining provisions shall still be effective.

Repealing Clause

• Inconsistency with Other Laws: Any laws or regulations inconsistent with this Executive Order are repealed or modified accordingly.

Effectivity

• Immediate Effect: The Executive Order takes effect immediately upon the approval of the executive orders creating the three aforementioned Offices.

Key Takeaways

• The Executive Order abolishes the Office of Muslim Affairs and Cultural Communities and establishes two new offices aimed at serving cultural communities.
• Existing personnel will maintain their positions and benefits during the transition.
• The reorganization is backed by the authority of the Freedom Constitution and aims to enhance the efficiency of public service delivery.
• The financial resources for the transition will derive from the existing office's funds, ensuring continuity of operations.