Presidential Decree No. 1414 (PD 1414) — Further Defining the Powers, Functions and Duties of the Office of the Presidential Assistant on National Minorities and for Other Purposes.
WHEREAS, the Constitution mandates that the State shall
consider the customs, traditions, beliefs and interests of national minorities
in the formulation and implementation of State policies;
WHEREAS, it is the policy of government to extend to the
national minorities equality in stature, dignity and opportunity with all other
citizens;
WHEREAS, the Presidential Assistant on National Minorities
has been actively involved for many years in this continuing endeavor.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
decree and make as part of the law of the land the following measure:
Declaration of Policy.
SECTION 1. Declaration of Policy.—It is hereby
declared to be the policy of the State to integrate into the mainstream of
Philippine society certain ethnic groups who seek full integration into the
larger community, and at the same time protect the rights of those who wish to
preserve their original lifeways beside that larger community.
National Minorities Defined.
SEC. 2. National Minorities Defined.—For purposes
of this Decree, the term National Minorities shall apply to the non Muslim hill
tribes referred to under Presidential Decree No. 719 an other non-Muslim
national minorities whether referred to as National Cultural Minorities or
Cultural Communities under other laws.
Powers, Functions and Duties.
SEC. 3. Powers, Functions and
Duties.—Implementation of the above-stated policy is hereby vested in the
Office of the Presidential Assistant on National Minorities, hereinafter
referred to as PANAMIN, under the Office of the President, which shall act for
and in behalf of the President in all matters pertaining to National Minorities
and shall have the following powers, functions and duties:
Perform the powers, functions and duties provided under Presidential Decree
No. 719, incorporating the pertinent provisions of Republic Act No. 1888 as
amended;
Establish and maintain ethnographic research centers and museums as may be
necessary for the purpose of preserving artifacts and other evidences of the
lifeways of National Minorities;
Design, implement and maintain settlements and development projects among
the National Minorities in furtherance of the herein declared policy of
government;
Act as the agency through which National Minorities can seek government as
well as private assistance and serve as the instrumentality through which
assistance from both the government and the private sector, local as well as
foreign, may be given to the National Minorities. For this purpose, PANAMIN is
hereby authorized to give grants-in-aid out of its appropriation or other funds
from whatever source to cooperating government agencies, tribal groups and/or
private organizations formed or existing for the benefit and welfare of National
Minorities for whatever activities or programs which are in line with PANAMIN’s
basic objectives;
Provide legal assistance of whatever nature, medical aid, relief and any and
all other forms of help to the National Minorities;
Undertake action projects as may be necessary to attain the objectives of
this Decree;
Conduct, jointly with the Bureau of Forest Development, inspection of areas
covered by applications for licenses, leases or permits, granted under the
Revised Forestry Code (Presidential Decree No. 705) in provinces and cities
which, according to the latest official population census, are inhabited by
National Minorities with the objective of determining the extent to which the
said licenses, permits or lease applications affect the rights of National
Minorities resident therein, and on the basis of said inspection, to issue
certification of such findings. No such license, permit or lease shall be
granted without such prior inspection being made and without the issuance of a
certification by PANAMIN that no member of the National Minorities actually
occupies or possesses or has a claim to all or a portion of the area applied
for. In cases where only portion/s of the areas applied for are in the
occupation or possession or claimed by members of National Minorities, such
portion/s shall be excluded or deemed excluded;
Enter, subject to the approval of the President of the Philippines on behalf
of the Republic of the Philippines, into such contracts, agreements or
arrangements, with the government or private agencies as may be necessary to
attain the objectives of PANAMIN;
Accept grants, donations, gifts, funds, and/or property for the benefit of
the National Minorities in whatever form and from whatever source, domestic or
foreign, and administer the same in accordance with the terms thereof, or in the
absence of any condition, to administer the same in such manner as PANAMIN may
determine for the benefit of the National Minorities;
Initiate eminent domain proceedings in pursuance of the aims and purposes of
this Decree;
Perform such other functions and duties vital to national interest and
security as may be assigned by the President of the Philippines.
Presidential Assistant.
SEC. 4. Presidential Assistant.—The PANAMIN shall
be headed by a Presidential Assistant who shall be of cabinet rank and who shall
be entitled to all privileges and prerogatives of a regular member of the
Cabinet.
Organizational Structure of PANAMIN.
SEC. 5. Organizational Structure of PANAMIN.—The
Presidential Assistant shall determine the organizational structure of PANAMIN
in such manner as would best carry out its powers, functions and duties and
attain the objectives of this Decree. He shall organize the PANAMIN and appoint,
discipline and/or remove, and determine the compensation and allowances of its
personnel, Provided, that, positions which are highly technical, policy
determining or primarily confidential, as may be declared by the Presidential
Assistant, shall not be subject to the rules and regulations of the Office of
Compensation and Position Classification. The PANAMIN shall have such
consultants and other experts as may be needed, who may be drawn from the
private sector by appointment or on contractual basis or from government
agencies or instrumentalities on detail or through other arrangements, whose
compensation, allowances or honoraria shall be fixed by the Presidential
Assistant. The Presidential Assistant, may appoint tribal chieftains, members of
tribal councils, and other tribal leaders as well as other deserving minorities
without the requisite civil service eligibility when in his opinion the welfare
and interest of the National Minorities and of the government will be best
served thereby.
Certification of Minorities.
SEC. 6. Certification of Minorities.—The PANAMIN
shall have the exclusive authority to issue certifications attesting to bona
fide membership in a tribal or ethno-linguistic group considered as National
Minorities within the purview of this Decree for purposes of establishing
qualification for appointments in government and for other benefits as provided
by law.
Appropriations.
SEC. 7. Appropriations.—PANAMIN shall receive an
annual lump sum appropriation in such amounts as may be sufficient to finance
its operation and its programs, projects and activities.
Repeal of Inconsistent Laws.
SEC. 8. Repeal of Inconsistent Laws.—All laws,
orders, proclamations, rules, regulations, or parts thereof which are
inconsistent with any provisions of this Decree, are hereby repealed or modified
accordingly.
Separability Clause.
SEC. 9. Separability Clause.—Any portion or
provision of this Decree that may be declared unconstitutional shall not have
the effect of nullifying the other provisions thereof; Provided, that,
such remaining portions can still stand and be given effect in their entirely to
accomplish the objectives of this Decree.
Effectivity.
SEC. 10. Effectivity.—This Decree shall take effect
immediately.
Done in the City of Manila, this 9th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
