Title
Transfer of NCIP to DENR
Law
Executive Order No. 726
Decision Date
May 23, 2008
Executive Order No. 726 transfers the National Commission on Indigenous Peoples (NCIP) to the Department of Environment and Natural Resources, aiming to protect the rights and well-being of indigenous communities and preserve their cultural heritage.

Law Summary

Recognition and Protection of Indigenous Cultures and Traditions

  • The State formally recognizes, respects, and protects the rights of indigenous peoples to preserve and develop their unique cultures, traditions, and institutions.

Creation and Legal Basis of the National Commission on Indigenous Peoples (NCIP)

  • The NCIP was established by Republic Act No. 8371 (also known as the Indigenous Peoples' Rights Act).
  • The law defines mechanisms for recognition, protection, and promotion of indigenous peoples' rights.
  • It allocates funds necessary for the Commission's function.

Previous Administrative Placement of the NCIP

  • The NCIP was previously placed under the Department of Agrarian Reform via Executive Order No. 364 of September 27, 2004.
  • This reorganization coincided with changes in the Department of Agrarian Reform to the Department of Land Reform.

Continuing Need for Vigilance in Protecting Indigenous Peoples

  • Emphasizes ongoing commitment to safeguarding indigenous peoples' cultural integrity.
  • Ensures equal access to rights and opportunities granted by national laws and regulations.

Mandate and Functions of the Department of Environment and Natural Resources (DENR)

  • DENR is the primary agency for conservation, management, development, and proper use of the country's environment and natural resources.
  • One of its objectives is the conservation of terrestrial and marine areas of natural and cultural heritage.
  • It exercises powers related to preservation of cultural and natural heritage, wildlife conservation, and management of parks and protected areas.

Constitutional and Legal Authority for Executive Reorganization

  • Article VII, Section 17 of the 1987 Philippine Constitution grants the President control over executive departments and mandates the faithful execution of laws.
  • Executive Order No. 292 grants the President continuing authority to reorganize the structure of the Office of the President and transfer functions between departments.

Executive Order Provisions

  • Section 1: Transfers the National Commission on Indigenous Peoples from the Department of Agrarian Reform to the Department of Environment and Natural Resources.
  • Section 2: The Executive Order takes effect immediately upon issuance.

Effectivity and Formalities

  • The order was signed by President Gloria Macapagal-Arroyo and Executive Secretary Eduardo R. Ermita.
  • Issued in Manila on May 23, 2008.

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