04/02/2020
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periodic reporting. Matters of day-to-day administration or all those
pertaining to internal operations shall be left to the discretion of the
Chairperson of the Commission, as the Chief Executive Officer.
Petitioners asseverate that the aforecited rule infringes upon the power of control of
the President over the NCIP by characterizing the relationship of the NCIP to the
Office of the President as "lateral but autonomous...for purposes of policy and
program coordination."
Although both Section 40 of the IPRA and Section 1, Part II, Rule VII of the
Implementing Rules characterize the NCIP as an independent agency under the
Office of the President, such characterization does not remove said body from the
President's control and supervision.
The NCIP has been designated under IPRA as the primary government agency
responsible for the formulation and implementation of policies, plans and programs
to promote and protect the rights and well being of the indigenous peoples and the
recognition of their ancestral domain as well as their rights thereto.[182] It has been
granted administrative,[183] quasi-legislative[184] and quasi-judicial powers[185] to
carry out its mandate. The diverse nature of the NCIP's functions renders it
impossible to place said agency entirely under the control of only one branch of
government and this, apparently, is the reason for its characterization
by
Congress as an independent agency.
An "independent agency" is defined as an
administrative body independent of the executive branch or one not subject to a
superior head of department, as distinguished from a "subordinate agency" or an
administrative body whose action is subject to administrative review or revision.[186]
That Congress did not intend to place the NCIP under the control of the President in
all instances is evident in the IPRA itself, which provides that the decisions of the
NCIP in the exercise of its quasi-judicial functions shall be appealable to the Court of
Appeals,[187] like those of the National Labor Relations Commission (NLRC) and the
Securities and Exchange Commission (SEC).
Nevertheless, the NCIP, although
independent to a certain degree, was placed by Congress "under the office of the
President" and, as such, is still subject to the President's power of control and
supervision granted under Section 17, Article VII of the Constitution[188] with
respect to its performance of administrative functions, such as the following: (1) the
NCIP must secure the President's approval in obtaining loans to finance its projects;
[189] (2) it must obtain the President's approval for any negotiation for funds and for
the acceptance of gifts and/or properties in whatever from and from whatever
source;[190] (3) the NCIP shall submit annual reports of its operations and
achievements to the President, and advise the latter on all matters relating to the
indigenous peoples;[191] and (4) it shall exercise such other powers as may be
directed by the President.[192] The President is also given the power to appoint the
Commissioners of the NCIP[193] as well as to remove them from office for cause
motu proprio or upon the recommendation of any indigenous community.[194]
To recapitulate:
(1) The provisions of the IPRA (specifically Sections 3, paragraphs (a) and (b), 5, 6,
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107/148
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