PRESIDENTIAL DECREE NO. 1414, June 09, 1978

FURTHER DEFINING THE POWERS, FUNCTIONS AND DUTIES OF THE OFFICE OF THE PRESIDENTIAL ASSISTANT ON NATIONAL MINORITIES AND FOR OTHER PURPOSES.

Presidential Decrees June 9, 1978
Download PDF



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:

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.

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.

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:

  1. Perform the powers, functions and duties provided under Presidential Decree
    No. 719, incorporating the pertinent provisions of Republic Act No. 1888 as
    amended;
  2. 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;
  3. Design, implement and maintain settlements and development projects among
    the National Minorities in furtherance of the herein declared policy of
    government;
  4. 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;
  5. Provide legal assistance of whatever nature, medical aid, relief and any and
    all other forms of help to the National Minorities;
  6. Undertake action projects as may be necessary to attain the objectives of
    this Decree;
  7. 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;
  8. 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;
  9. 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;
  10. Initiate eminent domain proceedings in pursuance of the aims and purposes of
    this Decree;
  11. Perform such other functions and duties vital to national interest and
    security as may be assigned by the President of the Philippines.

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.

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.

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.

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.

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.

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.

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