EXECUTIVE ORDER NO. 220
EXECUTIVE ORDER NO. 220 - CREATING
A CORDILLERA ADMINISTRATIVE REGION, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES
WHEREAS,
pursuant to Section 1, Article X of the 1987 Constitution, there shall
be created an autonomous region in the Cordilleras;
WHEREAS, Section 15, Article X of the Constitution provides that the
autonomous region in the Cordilleras shall consist of provinces,
cities, municipalities and geographical areas sharing common and
distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics within the framework of
the Constitution and the national sovereignty as well as territorial
integrity of the Republic of the Philippines;
WHEREAS, pursuant to Sec. 6, Article XVIII of the Constitution, the
President has the power to continue to exercise legislative powers
until the first Congress is convened;
WHEREAS, pursuant to Section 14, Article X of the Constitution, the
President shall provide for regional development councils or other
similar bodies composed of local government officials, regional heads
of departments and other government offices, and representatives from
non-governmental organizations within the regions for purposes of
administrative decentralization to strengthen the autonomy of the units
therein and to accelerate the economic and social growth and
development of the units in the region;
WHEREAS, the incumbent President is sympathetic to the common desire of
the peoples of the Cordilleras to be immediately granted meaningful
participation in the conduct of their affairs, in order to enable them
to prepare for regional autonomy;
WHEREAS, the constitutional mandate for the creation of an autonomous
region in the Cordilleras has been preceded by the movement for local
autonomy and administrative decentralization before and since the
period of authoritarian rule (September 1972 - February 1986), as
manifested by the work of the 1971 Constitutional Convention, the 1976
resolution of governors and other leaders from the Cordilleras, and
finally the regional autonomy representations at the 1986
Constitutional Commission;
WHEREAS, on September 13, 1986, the President of the Philippines met
with the representatives of the Cordillera Bodong Administration and
the Cordillera People’s Liberation Army, presided over the alasiw
(exchange of peace tokens) to signify the sipat (cessation of
hostilities), and acknowledged their aspirations for Cordillera
autonomy;
WHEREAS, the immediate creation of a Cordillera Administrative Region
is a sound and reasonable measure by which the people of the
Cordilleras can immediately participate in the pursuit of peace and
development and enjoy the benefits thereof;
WHEREAS, the Constitution envisions the building of a just and humane
society, and the National Government is pursuing the goals of national
reconciliation, peace, unity and development in the country;
WHEREAS, pending the convening of the first Congress and the enactment
of the organic act for a Cordillera autonomous region, there is an
urgent need, in the interest of national security and public order, for
the President to reorganize immediately the existing administrative
structure in the Cordilleras to suit it to the existing political
realities therein and the Government’s legitimate concerns in the
areas, without attempting to preempt the constitutional duty of the
first Congress to undertake the creation of an autonomous region on a
permanent basis;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order
and decree:
Section 1. Cordillera Administrative Region. — There
is hereby created a Cordillera Administrative Region, hereinafter
referred to as the CAR.
Sec. 2. Territorial Coverage. — For purposes of
the CAR, the region shall consist of the provinces of Abra, Benguet,
Ifugao, Kalinga-Apayao and Mt. Province and the chartered city of
Baguio. Until otherwise provided by the Cordillera Executive Board
(CEB), the seat of the CAR shall be Baguio City. The National
Government shall provide appropriate offices therefor.
Sec. 3. Purposes. — The CAR shall have the
following purposes:
(a)
Administer the affairs of government in the region as defined in
Sec. 4 and 5 below;
(b) Accelerate
the economic and social growth and development of the units of the
region; and
(c) Prepare
for the establishment of the autonomous region in the Cordilleras.
Sec. 4. Scope of Authority and Responsibility. —
The CAR shall have authority and responsibility in the region over the
following:
(a)
Regional administrative system;
(b) Economic,
social and cultural development;
(c)
Agricultural, commercial and industrial development and promotion of
tourism;
(d)
Infrastructure development;
(e) Urban and
rural development, protection of ancestral domain and land reform;
(f) Regional
educational system, including the establishment and maintenance of
educational institutions and the formulation of educational policies to
cultivate the indigenous Cordillera cultures and inculcate traditional
values;
(g) Health,
sports, welfare and social services;
(h)
Development of indigenous laws and political institutions, particularly
those of direct democracy and collective leadership, as well as the
promotion of indigenous institutions and processes for conflict
resolution and dispute settlement;
(i)
Preservation and enhancement of indigenous customs, traditions,
languages and cultures;
(j)
Strengthening of the bodong system of tribal unity and cooperation;
(k) Protection
and preservation of the cultural identity, values, mores and norms of
the various ethno-linguistic groups in the Cordilleras;
(l) Promotion
of social justice and protection of human rights, particularly the
rights of women, children, the elderly and disadvantaged groups, as
well as the rights of people’s organizations; and
(m) Such other
matters as may be authorized by law or delegated by the President for
the promotion of the general welfare.
Sec. 5. Powers and Functions. — The CAR shall
coordinate the planning and implementation of programs and services in
the areas enumerated in Sec. 4. Accordingly, it shall be vested
with, among others, the following powers and functions:
(a)
Coordinate with the local government units as well as with the
executive departments of the National Government in the supervision of
field offices and in identifying, planning, monitoring, and accepting
projects and activities in the region;
(b) Appoint,
supervise, control and discipline personnel of the CAR and of such
other offices as may be funded by it;
(c) Manage and
control funds, facilities and equipment appropriated for the CAR;
(d) Advise the
National Government on matters affecting the Cordilleras;
(e) Undertake
studies towards codifying the customary laws of the tribes, including
the pagtas of the bodong system; and
(f) Promulgate
and implement resolutions, rules and regulations necessary to achieve
effectively the purposes of this Executive Order and to carry out the
powers and functions of the CAR.
Sec. 6. Peace and Regional Security. — Within the
framework of the Constitution and applicable laws, the restoration and
maintenance of peace within the region shall be a major concern of the
CAR.
A regional security force shall be organized to assist in the defense
and security of the region subject to guidelines issued for this
purpose by the President after consultations with the CAR, other
organizations, and appropriate agencies of the Government.
The defense and security of the region shall be the responsibility of
the National Government.
Sec. 7. Structure of the CAR. — The CAR shall have
a Cordillera Regional Assembly and a Cordillera Executive Board.
Sec. 8. The Cordillera Regional Assembly. — Within
the framework of the Constitution, laws and policies of the National
Government, the Cordillera Regional Assembly shall be the
policy-formulating body which shall articulate and harmonize the
interests and aspirations of the people of the Cordilleras. It shall be
composed of not more than two hundred fifty (250) representatives to be
appointed according to the following guidelines:
(a)
Each municipality shall have one (1) representative;
(b) Baguio
City shall have ten (10) representatives;
(c) The
non-governmental organizations shall be entitled to a total of eighteen
(18) representatives twelve (12) of whom shall come from the major non-
governmental organizations in the region to be determined according to
the size of their membership and six (6) from province based
non-governmental organizations.
(d) Each tribe
shall send to the Assembly one (1) representative.
Tribal representatives shall be chosen by the tribes in a manner
consonant with the Constitution and in harmony with the indigenous
decision-making processes in the Cordilleras.
The Assembly shall be headed by a Chairman who shall be appointed by
the President from among its members. The chairman shall be the titular
head of the CAR.
The President shall also appoint members from non- governmental
organizations as well as representatives of the municipalities and of
Baguio City upon nomination of their respective municipal and city
councils.
Sec. 9. Sessions. — The Assembly shall convene
once every year for a five-day regular session starting on the 25th day
of April provided, however, that a regular session shall be held in
1987.
The Chairman may call a special session as may be necessary. A special
session may also be convened upon the initiative of the majority of all
the members of the Assembly.
During the regular session, the Assembly shall:
a)
Discuss the annual report of the Executive Board and the proposed
budget for the CAR;
b)
Initiate plans and programs for the Cordilleras;
c) Discuss and
resolve inter-tribal issues and conflicts;
d) Formulate
policies affecting the Cordilleras consistent with national and local
laws; and
e) Identify
priority projects and development program for the region.
The decisions of the Assembly shall be implemented by the Cordillera
Executive Board.
Sec. 10. The Cordillera Executive Board. — The
Cordillera Executive Board shall be the development body and
implementing arm of the CAR. The President shall appoint the
twenty-nine (29) regular members of the Board as follows: (a) Mayor of
Baguio City and the five (5) Governors of the provinces enumerated in
Sec. 2; (b) six (6) representatives from the Cordillera Bodong
Administration, one of whom shall be its chief executive; (c) twelve
(12) representatives from the different ethno-linguistic groups in the
Cordillera; and (d) five (5) representatives from non-governmental
organizations.
All regional directors of the line departments of the National
Government shall be non-voting ex-officio members of the Executive
Board.
Sec. 11. Executive Director. — The Cordillera
Executive Board shall be headed by a full-time Executive Board who
shall be headed by a full-time Executive Director who shall be
appointed by the President from among its regular members.
The Executive Director shall have the following functions:
(a)
Act on behalf of the President as Chief Executive Officer of the CAR;
(b) Preside
over the meetings of the Executive Board;
(c) Initiate
the proposed budget and annual report for the CAR for the approval of
the Executive Board;
(d) Supervise,
control and discipline personnel of the Executive Board and of such
other offices as may be funded by it;
(e) Coordinate
and supervise the Executive Committees and the Cordillera Bodong
Administration; and
(f) Perform
all other functions assigned by law, the President, the Cordillera
Regional Assembly or the Executive Board.
Sec. 12. The Executive Committees. — The
Cordillera Executive Board may create executive committees to assist in
the implementation of its powers and functions. Each committee shall be
headed by a member of the Executive Board.
Sec. 13. The Cordillera Bodong Administration. —
The Cordillera Bodong Administration shall be incorporated into the CAR
as a commission and shall hereinafter be referred to as the CBA. In the
territorial units where it is effective, the CBA shall have the
following powers and responsibilities:
(a)
Promote respect for the customs and usages of the tribes concerned;
(b) Foster
unity among the various communities in the Cordilleras and promote
regional confederation;
(c) Observe
the traditional practice of direct democracy and collective leadership
in the Cordilleras within the context of and in harmony with
administrative mechanisms of the National Government;
(d) Preserve
and develop the communal social order and economic system;
(e) Perform
all functions of the Executive Committees referred to in Section 12;
and
(f) Perform
such other functions as may be determined by the Executive Board.
The definition and identification of the territorial units of the CBA
shall be submitted to and confirmed by the Executive Board and adopted
by the Assembly.
The CBA shall be supervised by and be responsible to the Cordillera
Executive Board.
Sec. 14. CBA Budget. — The CAR, through the
Executive Board, shall allocate part of its budget for the operation of
the CBA.
Sec. 15. Compensation. — The Chairman and members
of the Assembly as well as the Executive Director and members of the
Executive Board shall receive allowances and per diems as determined by
the President in accordance with existing laws and regulations. The
city mayor and governors who are members of the Board shall receive
additional emoluments as may be allowed by law.
The Chairman of the Assembly shall receive such additional allowances
as may be necessary to perform the functions of his office.
The Executive Director and the heads of the Executive Communities shall
receive an annual compensation to be determined by the Executive Board.
Sec. 16. Civil Service Rules and Regulations. —
For purposes of the CAR, exemptions from Civil Service rules and
regulations may be provided by the Civil Service
Commission.
Sec. 17. Period of Existence. — The CAR and its
Assembly and Executive Board shall exist until such time as the
autonomous regional government shall have been established and
organized under an organic act passed by Congress in accordance with
Section 18, Article X of the Constitution.
Sec. 18. Term of Office. — The term of office of
the members and officers of the Assembly and Executive Board shall be
coterminous with the period of existence of the CAR.
The city mayor, the governors, and the regional directors shall hold
office as members of the Executive Board only during the term for which
they were elected and/or appointed.
Sec. 19. Rules of Procedures. — The Assembly and
the Executive Board shall each adopt by a majority vote of their
members their own rules of procedure as well as rules and regulations
on discipline and privileges. They shall also prescribe rules and
regulations regarding internal organization, sessions, meetings and
quorum.
Sec. 20. Projects. — The CAR, through its
Executive Board, shall monitor the implementation of all ongoing
national and local government projects in the region within the purview
of Sec. 5(a) hereof.
Sec. 21. Appropriations and Funds. — There is
hereby appropriated from available funds of the National Treasury the
amount of five (5) million pesos for the operation of the CAR for the
fiscal year 1987. Thereafter, an annual appropriation for its budget
shall be included in the General Appropriations Act.
The President and appropriate national departments and agencies shall
make available sources of funds for priority physical, social and
economic development programs and projects as recommended by the CAR.
The collection, custody, use and disbursement of public funds in the
CAR shall be governed by its resolutions, rules and regulations of the
Executive Board consonant with national laws, rules and regulations.
Sec. 22. Taxes and Resources. — The CAR shall
receive an equitable share of the taxes and other government revenues
generated in the CAR territorial coverage. For this purpose, as part of
the BIR allotment in the region, the CAR and the local government units
within the Cordillera Administrative Region’s territorial coverage
shall have at least fifty percent (50%) share of such taxes and other
government revenues to be distributed as follows: ten percent (10%) to
barangays, ten percent (10%) to municipalities, fifteen percent (15%)
to provinces or cities, fifteen percent (15%) to the CAR.
To ensure proper implementation of the principle of equitable sharing,
the President shall direct the Department of Finance and appropriate
national departments and agencies to coordinate with the CAR.
Sec. 23. Grants, Donations, Gifts. — Within the
framework of pertinent laws and regulations, the CAR shall be
authorized to receive grants, donations or gifts, provided that such
grants, donations or gifts shall be administered, obligated and
disbursed in accordance with the terms thereof, or in the absence of
such terms, in such manner as a majority of the executive Board may
determine.
Sec. 24. Relationship with the National
Government. — The President shall have the power of general supervision
over the CAR and the local government units therein and shall issue the
appropriate guidelines therefor. The President may also call upon the
appropriate executive departments and agencies of the National
Government to assist the CAR as may be necessary.
The Executive Director shall submit a semi-annual report to the
President.
Sec. 25. Transitory Provisions. — 1) The Executive
Board shall conduct a study on the territorial coverage of the
Cordillera autonomous region to be established under an organic act to
be passed by the Congress under Section 15 and 18, Article X, of the
Constitution. This territorial coverage may include provinces, cities,
municipalities, and geographic areas contiguous to the territory
defined under Sec. 2.
2) The President may call upon the Assembly to assist
her in constituting the Cordillera Regional Consultative
Commission.
Consonant with Sec. 3(c) hereof, the CAR shall contribute in a
meaningful and appropriate manner to the work of the Cordillera
Regional Consultative Commission and in the preparation of the organic
act by Congress for the Cordillera autonomous region.
3) Pursuant to Sec. 2, the main offices of the CAR
shall be located at the Cordillera House in Baguio City until otherwise
determined by the Cordillera Executive
Board.
Sec. 26. Separability Clause. — The provisions of
this Executive Order are hereby declared to be separable, and in the
event any one or more of such provisions are held unconstitutional,
such shall not affect the validity of other provisions.
Sec. 27. Repealing Clause. — For purposes of the
CAR and for the duration of its existence, and all laws, acts,
presidential decrees, executive orders, proclamations and/or
administrative regulations which are inconsistent with this Executive
Order are hereby repealed, amended or modified accordingly.
Sec. 28. Effectivity. — This Executive Order shall
take effect immediately upon signing and publication as required by
law.
Done in the City of Manila,
this 15th day of July, in the year of Our Lord, nineteen hundred and
eighty-seven.
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