Amending Section 13 of NCIP Administrative Order No. 1 and Declaring that Tenure of All PCBS/ERCBS has Expired

March 15, 2012

NCIP EN BANC RESOLUTION NO. 021-12

A RESOLUTION AMENDING SECTION 13 OF NCIP ADMINISTRATIVE ORDER NO. 1, SERIES OF 2003 AND DECLARING THAT THE TENURE OF ALL PCBs/ERCBs HAS EXPIRED BY OPERATION OF LAW

WHEREAS, Section 50 of RA 8371 provides for a consultative body consisting of traditional leaders, elders and representatives from the women and youth sectors of different Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) which shall be constituted by the NCIP from time to time to advise it on matters relating to problems, aspirations and interests of the ICCs/IPs;

WHEREAS, pursuant to Section 50 above, NCIP Administrative Order No. 1 Series of 2003 (AO 1 for brevity) entitled "Rules Governing the Indigenous Peoples Consultative Body" was promulgated on October 17, 2003 with the following objectives: a) To provide for the mechanism and guidelines for the constitution of the Indigenous Peoples Consultative Body (IPCB) and to operationalize the same as mandated under Section 50 of RA 8371; b) To ensure multi-level IP consultations; and c) To clarify and/or amend related provisions found in the Implementing Rules and Regulations of the IPRA;

WHEREAS, Section 13, AO 1 states that the Provincial Consultative Bodies (PCBs) and the Ethnographic Regional Consultative Bodies (ERCBs) are constituted with permanency and shall continue to exist until otherwise provided by the Commission. The National Consultative Body (NCB) is constituted by the Commission from time to time; cAaDHT

WHEREAS, Section 5, AO 1 provides that there shall be created coordinating committees at the provincial, regional and national levels to assist the Commission in convening the consultative body;

WHEREAS, Section 11, AO 1 provides that the Coordinating Committees shall cease to exist after the first assembly or convention of the NCB;

WHEREAS, Section 16 (c), AO 1 states that the ERCB shall be constituted by the Ethnographic Regional Coordinating Committee (ERCC) by convening the representatives coming from different PCBs in the ethnographic region. Further, Section 16 (d), AO 1 provides that the delegates to the NCB shall be chosen by the ERCB from among themselves in a convention called for the purpose pursuant to the call of the Commission to constitute the NCB at a given time;

WHEREAS, Section 23, AO 1 provides that the term of office of PCB members shall be for a period of two (2) years and can be re-confirmed for another term by his/her constituents in the case of ancestral domain area representatives or by the membership in the case of IPOs in accordance with their respective processes; provided however that no PCB member shall be serving for more than two (2) consecutive terms. The term of office of the members of the Consultative Bodies shall commence immediately upon certification by the coordinating committees;

WHEREAS, the terms of the representatives in the ERCB and NCB are dependent upon their membership in the PCB;

WHEREAS, the PCBs were constituted in January 2005 (Annex "A") and by operation of law, their term expired in 2009;

WHEREAS, no ERCB was constituted and no NCB was convened by the Commission; AHDTIE

WHEREAS, an ad hoc IPCB was created under Resolution No. 015 in a National Convention of the PCB entitled "A Resolution Creating an ad hoc Indigenous Peoples National Consultative Body Officer," which purpose is to serve as an advisory body on matters relating to the problems, aspirations and interests of the ICCs/IPs and specifically to coordinate with all the IPCB Chairpersons pending the issuance of a policy guideline relative to the body's organization, function and operations (Annex "B").

NOW THEREFORE, in view of the foregoing premises, on motion duly seconded, be it RESOLVED as it is hereby done, to declare that the terms of all PCBs have expired by operation of law;

RESOLVED FURTHER, that:

1. to amend Section 13, AO 1, and in accordance with the option given to the Commission, that henceforth, PCBs and ERCBs shall cease to exist as permanent bodies, and hence, including thead hoc Indigenous Peoples National Consultative Body;

2. the Commission shall instead constitute an NCB from time to time in accordance with the IPS/IPO Guidelines to advise it on urgent matters relating to the problems, aspirations and interests of the ICCs/IPs;

3. in the event that the Commission can allocate funds for the selection of PCB/ERCB representatives, the IPS/IPO Guidelines shall be basis for the selection of traditional leaders, elders and representatives from the women and youth sectors, as well as Indigenous Peoples Organizations and Non Government Organizations who are members of the Coordinating Committees;

4. the Regional Offices are hereby directed to inform the PCB/ERCB officers of the expiration of their terms;

5. the Commission shall issue commendations, upon the recommendation of Regional Offices, to active PCB Chairpersons for their advocacy of ICC/IP issues. SHTcDE

RESOLVED FINALLY, that copies of this Resolution be disseminated to all NCIP Regional Offices and all concerned.

APPROVED this 15th day of March, 2012 at Quezon City, Philippines.

 

(SGD.) HON. DIONESIA O. BANUACommissioner

 

(SGD.) HON. CONCHITA C. CALZADOCommissioner

 

(SGD.) HON. PERCY A. BRAWNERCommissioner

 

(SGD.) HON. COSME M. LAMBAYONCommissioner

 

(SGD.) HON. SANTOS M. UNSADCommissioner

 

(SGD.) HON. ROQUE N. AGTON, JR.Commissioner

 

(SGD.) HON. ZENAIDA BRIGIDA H. PAWIDChairperson

 

Published in The Philippine Daily Inquirer on May 16, 2012.