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(NAR) VOL. 21 NO.4 OCTOBER - DECEMBER 2010

[ OP EXECUTIVE ORDER NO. 11, November 08, 2010 ]

TRANSFERRING THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES FROM THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO THE OFFICE OF THE PRESIDENT OF THE PHILIPPINES



WHEREAS, Republic Act No. 8371, otherwise known as the “Indigenous Peoples Rights Act”, approved on 29 October 1997, created the National Commission on Indigenous Peoples, an independent agency under the Office of the President, as the primary government agency that will formulate and implement policies, plans and programs to promote and protect the rights and well-being of the Indigenous Cultural Communities/Indigenous Peoples and recognize their ancestral domains as well as their rights thereto;

WHEREAS, Executive Order No. 364 dated 27 September 2004, as amended, placed the National Commission on Indigenous Peoples under the Department of Agrarian Reform to consolidate in said department all concerns regarding asset reform which cover, among others, ancestral domain reform;

WHEREAS, Executive Order No. 726 dated 23 May 2008 transferred the National Commission on Indigenous Peoples to the Department of Environment and Natural Resources to help preserve the cultural and natural heritage of Indigenous Cultural Communities/Indigenous Peoples;

WHEREAS, Executive Order No. 746 dated 01 August 2008 temporarily transferred the National Commission on Indigenous Peoples to the Office of the President for a period of six (6) months because of developments in the local and international socio-political landscape at that time which required priority attention from the highest government authorities;

WHEREAS, the National Commission on Indigenous Peoples later reverted to the Department of Environment and Natural Resources and is now under said department;

WHEREAS, there is an urgent need to clearly define the administrative attachment of the National Commission on Indigenous Peoples in keeping with the legislative intent, address the needs and aspirations of the Indigenous Cultural Communities/Indigenous Peoples with regards to their rights and welfare by the highest officials of the land, and ensure consistency in policies, programs, project coordination and implementation;

WHEREAS, Section 17, Article VII of the Constitution provides that the President shall have control of all the executive departments, bureaus and offices and shall ensure that all laws be faithfully executed;

WHEREAS, Section 31 (2) and (3), Chapter 10, Title III, Book III of the Administrative Code of 1987 grants the President the continuing authority to reorganize the administrative structure of the Office of the President and for this purpose, transfer functions and agencies to the Office of the President from other departments or agencies.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Transfer. – The National Commission on Indigenous Peoples (NCIP) is hereby transferred from the Department of Environment and Natural Resources to the Office of the President to ensure concerted efforts in formulating and implementing policies, programs and projects geared towards the protection and promotion of the rights and welfare of Indigenous Cultural Communities/Indigenous Peoples.

SECTION 2. Repealing Clause. – All other executive issuances, orders, rules, regulations or parts thereof inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly.

SECTION 3. Effectivity. – This Executive Order shall take effect immediately upon publication in a newspaper of general circulation.


(SGD.) BENIGNO S. AQUINO III

BY THE PRESIDENT:

  (SGD.) PAQUITO N. OCHOA, JR.
  Executive Secretary



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