Transfer of NCIP to DENR

The transfer is anchored on the President’s constitutional authority to control executive departments, bureaus, and offices and ensure faithful execution of laws under Section 17, Article VII of the Constitution.
The transfer is also grounded on the President’s reorganization authority under paragraph 2, Section 31, Chapter 10, Title III, Book III of Executive Order No. 292, including authority to transfer any function under the Office of the President to any other Department.
The Executive Order is issued by President GLORIA-MACAPAGAL - ARROYO, exercising powers vested by law.
The Executive Order is signed by the Executive Secretary EDUARDO R. ERMITA.

The State must protect the rights of indigenous cultural communities and indigenous peoples to their ancestral domains to ensure their economic, social and cultural well being.
The State must recognize the applicability of customary laws governing property rights and relations in determining the ownership and extent of ancestral domain.
The State recognizes, respects, and protects the rights of indigenous cultural communities and indigenous peoples to preserve and develop their cultures, traditions and institutions.
The placement reflects the continuing need to protect the rights of indigenous cultural communities and indigenous peoples and ensure equal benefit from national laws and regulations.

The National Commission on Indigenous Peoples was created by Republic Act No. 8371, titled “AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/ INDIGENOUS PEOPLES, CREATING THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.”
The Executive Order acknowledges that the National Commission on Indigenous Peoples was placed under the Department of Agrarian Reform by Executive Order No. 364, titled “TRANSFORMING THE DEPARTMENT OF AGRARIAN REFORM INTO THE DEPARTMENT OF LAND REFORM,” dated September 27, 2004.

The Department of Environment and Natural Resources is described as the primary agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources.
One objective attributed to DENR is to conserve specific terrestrial and marine areas representative of Philippine natural and cultural heritage for present and future generations.
One power attributed to DENR is the preservation of cultural and natural heritage through wildlife conservation and the segregation of national parks and other protected areas.

Section 1 places the National Commission on Indigenous Peoples under the Department of Environment and Natural Resources.
The transfer under Section 1 changes the administrative placement of the National Commission on Indigenous Peoples from the earlier placement under the Department of Agrarian Reform, consistent with the history stated in the recitals.

Section 2 provides that Executive Order No. 726 takes effect immediately.
No additional implementation steps, transitional arrangements, or phased timelines are provided beyond the immediate effectivity mandated by Section 2.

No express repeal or amendment of Republic Act No. 8371 or Executive Order No. 364 is stated in Executive Order No. 726.
No express grant of rulemaking authority, issuance of implementing rules, or adoption of specific operational procedures is stated in Executive Order No. 726.