Transfer of the National Commission on Indigenous Peoples from DAR to DENR

May 23, 2008

EXECUTIVE ORDER NO. 726

TRANSFERRING THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES FROM THE DEPARTMENT OF AGRARIAN REFORM TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

WHEREAS, it is the duty of the State to protect the rights of indigenous cultural communities and indigenous peoples to their ancestral domains to ensure their economic, social and cultural well being and to recognize the applicability of customary laws governing property rights of relations in determining the ownership and extent of ancestral domain;

WHEREAS, the State recognizes, respects and protects the rights of indigenous cultural communities and indigenous peoples to preserve and develop their cultures, traditions and institutions;

WHEREAS, National Commission on Indigenous Peoples was created by Republic Act No. 8371 entitled 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; aCcHEI

WHEREAS, the National Commission on Indigenous Peoples was placed under the Department of Agrarian Reform by Executive Order No. 364 entitled TRANSFORMING THE DEPARTMENT OF AGRARIAN REFORM INTO THE DEPARTMENT OF LAND REFORM on September 27, 2004;

WHEREAS, there is a continuing need to remain vigilant in protecting the rights and guaranteeing the respect for the cultural integrity of indigenous cultural communities and indigenous peoples, and ensuring that all members of indigenous cultural communities and indigenous peoples benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population;

WHEREAS, the Department of Environment and Natural Resources is mandated to be the primary agency responsible for the conservation, management, development, and proper use of the country's environment and natural resources and one of its objectives is to conserve specific terrestrial and marine areas representative of the Philippine natural and cultural heritage for present and future generations and one of its powers is the preservation of cultural and natural heritage through wildlife conservation and segregation of national parks and other protected areas;

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

WHEREAS, paragraph 2, Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 grants the President the continuing authority to reorganize the administrative structure of the Office of the President and the power to transfer any function under the Office of the President to any other Department;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Placement under the Department of Environment and Natural Resources. — The National Commission on Indigenous Peoples is hereby placed under the Department of Environment and Natural Resources.

SECTION 2. Effectivity. — This Executive Order shall take effect immediately.

DONE in the City of Manila, this 23rd day of May, in the year of Our Lord, Two Thousand and Eight.