EXECUTIVE ORDER NO. 746, August 01, 2008

TEMPORARILY 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, 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;

WHEREAS, the National Commission on Indigenous Peoples was placed under the Department of Environment and Natural Resources by Executive Order No. 726 entitled TRANSFERRING THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES FROM THE DEPARTMENT OF AGRARIAN REFORM TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES on May 23, 2008;

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, recent developments, both in the local and international sociopolitical landscape, require the priority attention of the highest government authorities in making sure that the needs and aspirations of indigenous cultural communities and indigenous peoples are met;

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 Office of the President of the Philippines. The National Commission on Indigenous Peoples is hereby placed under the Office of the President of the Philippines for a period of six (6) months.

Section 2. Effectivity. This Executive Order shall take effect immediately.

DONE in the City of Manila, this 1st day of August, in the year of Our Lord, Two Thousand and Eight.

(Sgd.) GLORIA MACAPAGAL-ARROYO

By the President:

(Sgd.) EDUARDO R. ERMITA

Executive Secretary