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Republic Act No. 8438.
REPUBLIC ACT NO. 8438
AN
ACT
TO ESTABLISHTHE
CORDILLERA AUTONOMOUS
REGION PREAMBLE
We, the people of the
Cordillera,
imploring the Aid of Divine Providence exercising our fundamental and
constitutional
right to self-determination in
faithfulness to the struggle of our forbears
for the defense of our
patrimony
and cultural heritage, in order to secure for ourselves and our
posterity
a region of peace founded on truth, freedom, justice, love and human
solidarity
and establish a
Regional
Autonomous
Government that
shall ensure our human rights, our human development, and our
participation
in the affairs of the Filipino nation, do proclaim this Charter
of the Cordillera
Autonomous
Region.
ARTICLE ITERRITORY AND
PEOPLE
Section 1. There is hereby
created
an autonomous region in the Cordilleras to be known as the "Cordillera
Autonomous Region (CAR)."
Sec. 2. (a) The area
of the Cordillera Autonomous Region shall consist of the city and
provinces
that shall vote favorably in the plebiscite called for the ratification
of this Organic Act pursuant to Sec. 18, Article X of the
Constitution.
(b) The area of the
plebiscite
shall be the provinces of Benguet, Mountain Province, Ifugao, Abra,
Kalinga,
Apayao, and the chartered City of Baguio.
Sec. 3. The term
Cordillerans
shall apply to all Filipino citizens who are domiciled within the
territory
of the CAR.
ARTICLE
IIDECLARATION
OF
PRINCIPLES
AND POLICIES
Sec. 1. The Cordillera
Autonomous Region is an integral and inseparable part of the territory
of the Republic of the Philippines.
The people of the
autonomous
region shall uphold the Constitution as the fundamental law of the land
and unequivocally owe allegiance and fidelity to the Republic of the
Philippines.
The autonomous region
shall
be governed and administered in accordance with this Organic Act.
Sec. 2. Autonomy
ensures
for the people of the Cordillera the right to secure for themselves
their
ancestral domain, develop their economy, promote their cultural
heritage,
and establish a system of self-governance within the framework of the
Philippine
Constitution and national sovereignty, as well as the territorial
integrity
of the Philippines.
Sec. 3. Wherever
applicable,
and whenever it is useful, without contravening morals and public
policies,
local indigenous customs, traditions, practices, and institutions are
hereby
recognized and may be availed of by appropriate parties.
Sec. 4. It is the
primary
duty of the regional government to ensure and protect the basic
individual
and collective rights of its constituents and general welfare of all
the
people as enshrined in the Constitution and this Organic Act.
Sec. 5. The
exploitation,
exploration, development, enjoyment and utilization of natural
resources
of the region shall be consistent with the conservation and protection
of ecological balance and, in any case, shall be for the benefit and
advantage
of the Cordillerans.
Sec. 6. The CAR shall
promote social justice by enacting and implementing measures to
minimize
disparities between the rich and the poor, and the rural and urban
areas
by providing equal or equitable access to essential services,
employment
and other opportunities and equitable sharing of wealth and resources.
Sec. 7. The people of
the Cordilleras aspire for peace founded on justice and reverence for
human
life and dignity. The promotion of peace shall include the renunciation
of all forms of lawlessness, violence, cruelty, vengeance, and
discrimination.
Sec. 8. The common good
requires equal access to resources, employment, and services by all
ethnic,
social, and economic sectors and the adoption of measures for the
democratic
sharing of wealth, power and opportunities without distinctions based
on
ethnic origin, sex, language, political conviction, economic or social
status or religious belief. The regional government shall adopt
policies
necessary to minimize the disparities between the rich and the poor,
rural
and urban areas and among territorial subdivisions.
Sec. 9. The people of
the Cordillera have the right, especially through their voluntary
organizations
and movements to participate and be equitably represented at
appropriate
levels of social, economic, and political decision-making and in the
formulation
and implementation of local, regional, and national priorities, plans,
programs and projects, and to monitor their implementation.
Sec. 10. The
development
of the region requires the creation of an environment that shall
provide
for the basic human needs and ensure a rising standard of living for
all.
The people of the
region
shall have prior right to the utilization and development of the
natural,
material, and fiscal resources of the region. The natural, material,
and
fiscal resources of the region shall be put to optimum and just use
primarily
for the benefit of the people of the Cordillera.
The conservation and
protection
of the natural environment by the Cordillera Autonomous Region and its
people is an essential dimension of regional development.
The regional government
shall promote a balanced sustainable economic growth and development in
the region.
Sec. 11. It is the task
of the Cordillera Autonomous Region to establish within the framework
of
the national system of education, as defined in the Constitution and
national
laws, an educational system, both formal and nonformal, that provides
for
its people an education of the best quality within its means; responds
to the needs of Cordillera communities; encourages creativity and
critical
thinking; promotes science and appropriate technology; respects
indigenous
culture; inculcates respect for human rights and the dignity of work;
fosters
love of God and neighbor, self-reliance, nationalism, solidarity and
other
desirable Filipino values; and contributes to the common good.
Sec. 12. The
development
of the youth is a prime duty of the Cordillera Autonomous Region. Their
effective participation and representation in public affairs shall be
guaranteed.
Sec. 13. Civilian
authority
shall remain supreme at all times for the protection of the freedom of
the people and for the promotion of their safety and welfare.
Sec. 14. The national
government shall provide financial assistance to the Cordillera
Autonomous
Region by appropriating such sums as may be necessary to accelerate the
development of the region.
Sec. 15. The regional
government shall pursue a policy of holding consultation or public
hearings
on matters of local and regional priorities, plans and programs as well
as transparency in the implementation of projects affecting the
constituents
of the local government units concerned.
Sec. 16. The regional
government shall pursue a policy of devolution of powers and functions
whereby lower levels of government are entrusted with functions
appropriate
to them: Provided, however, That until a regional law implementing this
provision is enacted, the Local Government Code shall be applicable.
The local government
units
shall enjoy autonomy and continue to exercise the powers granted them
under
the Local Government Code.
Sec. 17. The regional
government shall recognize the role of organized sectors and groups to
initiate the monitoring and investigation of fund utilization, work
contracts
and project implementation, and the filing of charges for
irregularities.
Sec. 18. The regional
government shall adopt measures to free the people from poverty,
generate
employment and develop a self-reliant economy effectively controlled by
Filipinos.
Sec. 19. It is the
policy
of the Cordillera Autonomous Region to prohibit the development,
storage,
use or transport of nuclear, biological or chemical weapons within the
region.
Sec. 20. The regional
government shall be consistent with the Constitution and national laws,
provide incentives to investors, corporation and business but shall
adopt
measures to prevent the exploitation of natural and human resources and
to ensure that such activities contribute to the development of wealth
and income among the inhabitants and local government units.
Sec. 21. Subject to the
Constitution and national laws, the regional government shall review
all
forms of future aid loans to local government units in order to
safeguard
autonomy and enhance development.
Sec. 22. Subject to the
Constitution and national laws, the regional government shall set rules
and guidelines for energy production, public transportation and
communication.
Sec. 23. The regional
government shall promote and harmonize the interests of both labor and
capital and shall protect their respective rights.
Sec. 24. The regional
government shall ensure that women and men enjoy equality before the
law
and shall in particular, prevent sex discrimination in the practice of
professions, in conditions of and opportunities for employment or
promotion.
Sec. 25. The regional
government shall enact laws to protect children against all forms of
neglect,
cruelty and exploitation particularly in employment harmful to their
moral,
physical, or mental health.
Sec. 26. Except under
a state of emergency, no active military personnel shall be appointed
or
designated to any public position which is civilian in character,
including
government-owned or -controlled corporations or any of their
subsidiaries
under the control, supervision and management of the regional
government.
Sec. 27. The regional
government shall take measures to prevent torture; other cruel,
inhuman,
and degrading treatment or punishment; and illegal detention and
extra-judicial
executions.
Sec. 28. Subject to the
Constitution and national policies, the regional government shall
pursue
reconciliation efforts and promote peace and demilitarization in the
region.
ARTICLE
IIITHE
CORDILLERA
AUTONOMOUS
REGION
Sec. 1. The Cordillera
Autonomous Region is a territorial and political subdivision
administered
by the Regional Autonomous Government consisting of the regional
government
and local government units under the general supervision of the
President
of the Republic of the Philippines.
Sec. 2. The regional
government shall exercise powers and functions necessary for the proper
governance and development of all provinces, cities, municipalities,
and
barangays within the autonomous region consistent with the declared
constitutional
policy on regional and local autonomy and decentralization: Provided,
That
nothing in this Act shall be construed as to authorize the diminution
of
the powers and functions already enjoyed by local government units.
Sec. 3. The President
of the Philippines shall exercise general supervision over the regional
autonomous government and all local government units in the area of
autonomy
through the head of the regional autonomous government to ensure that
laws
are faithfully executed.
Sec. 4. The regional
government may exercise the power of eminent domain.
Sec. 5. The autonomous
region is a corporate entity with jurisdiction in all matters devolved
to it by the Constitution and this Organic Act as herein enumerated:cralaw:red
(1)
Administrative
organization;
(2) Creation of
sources
of revenues;
(3) Ancestral domain
and
natural resources;
(4) Personal, family
and
property relations;
(5) Regional urban
and
rural
planning development;
(6) Economic, social
and
tourism development;
(7) Educational
policies;
(8) Preservation and
development
of the cultural heritage;
(9) Powers, functions
and
responsibilities now being exercised by the departments of the national
government, except:
(a)
Foreign affairs;
(b) National
defense
and
security;
(c) Postal service;
(d) Coinage, and
fiscal
and monetary policies;
(e) Administration
of
justice;
(f) Quarantine;
(g) Customs and
tariff;
(h) Citizenship;
(i) Naturalization,
immigration
and deportation;
(j) General
auditing,
civil
service and elections;
(k) Foreign trade;
(10)
Patents, trademark,
trade
names, and copyrights; and such other matters for the promotion of the
general welfare of the people of the region.
Sec. 6. The City of Baguio
and any city within the CAR shall be governed primarily by its charter.
ARTICLE
IVTHE
REGIONAL
LEGISLATIVE
ASSEMBLY Sec. 1. The
regional
legislative
power shall be vested in the Cordillera Assembly, except to the extent
reserved by the Constitution and this Organic Act on initiative and
referendum.
Sec. 2. Unless all the
component provinces and the City of Baguio shall have been divided into
districts for the election of the members of the sangguniang
panlalawigan
and the sangguniang panlungsod, respectively, and for purposes of the
first
election of the members of the assembly, the provinces of Abra,
Benguet,
Ifugao and Mt. Province shall each elect two (2) members per district,
and the provinces of Apayao and Kalinga and the City of Baguio shall
elect
four (4) members at large.
There shall be
party-list
representatives which shall constitute twenty percentum (20%) of the
total
number of representatives including those under the party-list for
three
(3) consecutive terms after the ratification of this Organic Act,
one-half
(1/2) of the seats allocated to party-list representatives shall be
filled,
as provided by law, by selection or election from such other sectors as
may be provided by the Regional Assembly, except the religious sector.
Sec. 3. (a) The members
of the Legislative Assembly shall have a term of three (3) years which
shall begin, unless otherwise provided by law, at noon on the thirtieth
day of June next following their election.
(b) No member of the
Legislative
Assembly shall serve for more than three (3) consecutive terms.
Voluntary
renunciation of office for any length of time shall not be considered
as
an interruption in the continuity of his service for the full term for
which he was elected.
Sec. 4. (a) Unless
otherwise
provided by law, the regular election of the members of the Legislative
Assembly shall be held on the second Monday of May.
(b) In case of vacancy
in
the Cordillera Assembly occurring at least one (1) year before the
expiration
of the term of office, a special election shall be called to fill the
vacancy
in the manner prescribed by regional law: Provided, That the member
elected
shall serve only for the unexpired term.
(c) In case of
permanent
vacancy in the assembly, the regional governor shall appoint to the
position
so vacated the nominee of the political party to which the member who
caused
the vacancy belonged at the time of his election: Provided, however,
That the appointee has all the qualifications required by this Organic
Act of a member of the assembly and none of the disqualifications
provided
for in other laws, and: Provided, further, That he comes from
the
same district represented by the member who caused the vacancy.
Sec. 5. The Legislative
Assembly shall start its regular session on the first Monday of July,
and
by resolution fix the day, time and place of its regular sessions,
which
shall be held at least once a week. However, it may be called to a
special
session at any time by the Cordillera governor. In case of special
sessions,
a written notice shall be sent to the members' place of residence at
least
twenty-four (24) hours before the special session is held unless
otherwise
concurred in by two-thirds (2/3) votes of the members, there being a
quorum.
No other matters may be considered at a special session except those
stated
in the notice.
Sec. 6. (a) A majority
of all the members of the Legislative Assembly shall constitute a
quorum
to do business, but a smaller number may adjourn from day to day, and
may
compel the attendance of absent members in such manner, and under such
penalties as the Legislative Assembly may provide.
(b) On the first
regular
session following the election of its members, and within ninety (90)
days
thereafter, the assembly shall adopt or update its rules of proceedings
which shall include, among other things, the organization of the
assembly
and the election of its officers, the creation of standing committees,
the time, place and manner of convening its regular and special
sessions,
the conduct and discipline of its members, the conduct and discipline
of
every person present during its sessions, the preparation and
publication
of its journals, the determination of quorum, and the necessary votes
to
pass any measure, and recall proceedings in accordance with the Local
Government
Code.
Sec. 7. Unless
otherwise
provided by regional ordinance, a member of the assembly shall receive
an annual salary not lower than that of an assistant secretary in the
executive
department of the national government. No increase in salary provided
for
by ordinance shall take effect until after the expiration of the term
of
office of all the members of the assembly approving the same.
Sec. 8. No member of
the assembly may hold any other office or employment in the government
or any subdivision, agency or instrumentality thereof, including
government-owned
or -controlled corporations, or their subsidiaries, during his term
without
forfeiting his seat. Neither shall he be appointed to any office which
has been created or the emoluments whereof increased by the assembly
during
the term for which he was elected.
Sec. 9. No member of
the Legislative Assembly shall personally appear as counsel before any
court of justice or before the Electoral Commission or quasi-judicial
and
other administrative bodies. Neither shall he, directly or indirectly,
be interested financially in any contract with or in any other
franchise
or special privilege granted by the national or regional government, or
subdivision, agency or instrumentality thereof, including
government-owned
or -controlled corporation or its subsidiary, during his term of
office.
He shall not intervene in any matter before any office of the Regional
Autonomous Government for his pecuniary benefit or where he may be
called
upon to act on account of his office.
Sec. 10. (a) There
shall
be a question hour as often as may be necessary and as the rules of the
assembly may provide, which shall be included in its agenda, during
which
any official of the regional executive department may be invited to
appear
and answer questions and interpellations by members of the assembly.
(b) The Cordillera
Assembly
or any of its committees may conduct inquiries, in aid of legislation,
in accordance with its duly published rules or procedures. The rights
of
persons appearing in or affected by such inquiries shall be respected.
Sec. 11. The regional
governor shall submit to the assembly a budget of expenditures and
sources
of funds within thirty (30) days from the opening of every regular
session,
as the basis of the regional appropriations ordinance. The form,
content
and manner of preparation of the regional budget shall be as prescribed
by law.
(a) No provision or
enactment
shall be embraced in the regional appropriations ordinance, unless it
relates
specifically to some particular appropriations therein. Any such
provision
or enactment shall be limited in its operation to the appropriation to
which it relates.
(b) The
procedure in
approving
appropriations for the assembly shall strictly follow the same
procedure
for approving appropriations for the regional executive department. A
special
appropriations ordinance shall specify the purpose for which it is
intended,
and shall be supported by funds actually available as certified by the
regional treasurer.
(c) No ordinance
shall be
passed authorizing any transfer of appropriations; however, the
regional
governor and the presiding officer of the assembly may, by ordinance,
be
authorized to augment any item in the general appropriations ordinance
for their respective departments from savings in other items of their
respective
appropriations.
If, by the end
of any
fiscal
year, the assembly shall have failed to pass the general appropriation
ordinance for the ensuing fiscal year, the general appropriations
ordinance
for the preceding fiscal year shall be deemed reenacted and shall
remain
in force and effect until the proposed general appropriations ordinance
is passed by the assembly.
Sec. 12. (a) No money
shall be paid out of the treasury except in pursuance of an
appropriation
made by law.
(b) No money or
property
shall be appropriated, applied, paid or used, directly or indirectly,
for
the use, benefit or support of any sect, church, denomination,
sectarian
institution, or system of religion or for the use, benefit or support
of
any priest, preacher, minister or other religious teacher or dignitary
as such, except when such priest, preacher, minister or dignitary is
assigned
to the regional police or government orphanage and rehabilitation
centers
or similar institutions.
Sec. 13. (a) Every bill
shall embrace only one (1) subject which shall be expressed in the
title
thereof.
(b) No bill shall
become
a law unless it has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to the members
three
(3) days before its passage, except when the governor certifies to the
necessity of its immediate enactment to meet a public calamity or
emergency
affecting the region, or the component provinces, cities,
municipalities
or barangays. Upon the last reading of a bill, no amendment thereto
shall
be allowed, and the vote thereon shall be taken immediately thereafter,
and the yeas and nays entered in the Journal.
(c) Every bill passed
by
the Legislative Assembly shall, before it becomes a law, be presented
to
the regional governor. If he approves the same, he shall sign it;
otherwise,
he shall veto it and return the same with his objections to the
Legislative
Assembly, which shall enter the objections in its Journal and proceed
to
reconsider it. If, after such reconsideration, two-thirds (2/3) of all
the members of the assembly shall agree to pass the bill, it shall
become
a law. The regional governor shall communicate his veto of any bill to
the assembly within thirty (30) days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.
(d) The regional
governor
shall have the power to veto any particular item or items in an
appropriation
or revenue, but the veto shall not affect the item or items to which he
does not object.
Sec. 14. The regional
governor shall submit to the Legislative Assembly within thirty (30)
days
from the opening of every regular session, as the basis of the regional
appropriations bill, budget of expenditures and sources of financing,
including
receipts from existing and proposed revenue measures: Provided, That
when
regional revenues are insufficient, the difference shall be funded by
the
national government.
ARTICLE VTHE
REGIONAL
EXECUTIVE
DEPARTMENT
Sec. 1. The executive
power in the region shall be vested in a regional governor who shall be
elected at large by direct vote of the registered voters of the CAR.
Sec. 2. (a) No person
shall be elected regional governor unless he is a natural born citizen
of the Philippines, and on the day of election is at least thirty-five
(35) years of age, able to read and write, a registered voter in the
region
and an actual resident thereof for a period of not less than five (5)
years
immediately preceding the day of election.
(b) The regional
governor
shall be assisted by a Cabinet: Provided, That the members shall as far
as practicable come from various provinces and city or cities within
the
CAR.
Sec. 3. There shall be
a regional vice-governor who shall have the same qualifications and
term
of office and shall be elected in the same manner as the regional
governor.
The regional vice-governor shall be the presiding chairman of the
Legislative
Assembly.
Sec. 4. The regional
governor and the regional vice-governor shall be elected by direct vote
of the people of the autonomous region for a term of three (3) years
which
shall begin at noon on the thirtieth (30th) day of June next following
the day of election and shall end at noon of the same date three (3)
years
thereafter.
No regional governor or
regional vice-governor shall serve for more than three (3) consecutive
terms. Voluntary renunciation of, or removal from, office for any
length
of time shall not be considered as an interruption in the continuity of
the service for the full term for which he was elected.
The regular election
for
the regional governor and regional vice-governor shall be held on the
second
(2nd) Monday of May.
Sec. 5. The regional
governor and the vice-governor on assuming office shall take the
following
oath or affirmation:cralaw:red
"I do
solemnly swear
(or affirm) that I will faithfully and conscientiously fulfill my
duties
as Governor/Vice-governor of the Cordillera Autonomous Region, preserve
and defend the Constitution of the Republic of the Philippines and the
Organic Act of Cordillera Autonomous Region, execute its laws, do
justice
to all and consecrate myself to the service of the Cordillera. So help
me God."(In case of
affirmation, the last
sentence
will be omitted.)
Sec. 6. Unless otherwise
provided by law or ordinance, the regional governor and regional
vice-governor
shall receive an annual salary equivalent to that of a department
secretary
and undersecretary respectively of the executive department of the
national
government which shall not be decreased during their tenure. No
increase
in the salary of the regional governor and regional vice-governor shall
take effect until after the expiration of the term of the regional
governor
and regional vice-governor approving the same. They shall not receive
during
their tenure any other emoluments from the government or any other
source.
Sec. 7. The regional
governor shall be provided with an official residence by the Regional
Assembly.
Sec. 8. If the regional
governor-elect fails to qualify, the regional vice-governor-elect shall
act as regional governor until a regional governor shall have been
chosen
and qualified.
If at the beginning of
the
term of the regional governor, the regional governor-elect shall have
died
or shall have been permanently disabled, the regional
vice-governor-elect
shall become the regional governor.
Where no regional
governor
and/or regional vice-governor shall have qualified, or where both have
died or become permanently disabled, the majority floor leader and the
next-in-rank officer of the Assembly shall act as regional governor and
regional vice-governor respectively until such shall have been elected
in a special election called for the purpose.
Sec. 9. For purposes
of this article, a permanent vacancy arises when an incumbent elective
regional official fills up a higher vacant office; refuses to assume
office;
fails to qualify, dies; is removed from office, voluntarily resigns, or
is otherwise permanently incapacitated to discharge the functions of
his
office.
(a) If a
permanent
vacancy
occurs in the office of the regional governor, the regional
vice-governor
shall become the regional governor;
(b) If a permanent
vacancy
occurs in the office of the regional vice-governor, the majority floor
leader of the Assembly shall become the regional vice-governor;
(c) If a permanent
vacancy
occurs in both the offices of the governor and vice-governor, the
majority
floor leader and the next-in-rank officer of the Assembly shall act as
governor and vice-governor, respectively; and
(d) The successors as
defined
herein shall serve only the unexpired terms of their predecessors.
Sec. 10. The regional governor
shall not, during his tenure, hold any other office or employment
except
as otherwise provided in this Act. He shall not engage in the practice
of any profession, or participate directly or indirectly in any
contract
with or in any franchise or special privilege granted by the regional
government
or any subdivision, agency or instrumentality thereof, including any
government-owned
or -controlled corporations or in any of their subsidiaries. The spouse
and other relatives by consanguinity or affinity within the fourth
civil
degree of the regional governor shall not, during his tenure, be
appointed
officers or employees of the regional government except as members of
their
confidential staff.
Sec. 11. The regional
vice-governor and the members of the cabinet and their assistants shall
not, during their tenure, hold any other office except as otherwise
provided
in this Organic Act, practice any profession, or participate directly
or
indirectly in any contract with or in any franchise or special
privilege
granted by the regional government or any subdivision, agency or
instrumentality
thereof, including any national or regional government-owned or
-controlled
corporation.
The spouse and
relatives
by consanguinity or affinity within the fourth civil degree of the
regional
vice-governor shall not, during his tenure, be appointed members of the
regional cabinet or chairmen of regional commissions, or heads of
bureaus
or offices, including government-owned or -controlled corporations and
their subsidiaries located in the autonomous region.
Sec. 12. The regional
governor shall appoint members of the cabinet who shall serve at the
pleasure
of the appointing authority. Such appointments shall be with
concurrence
of the members of the Legislative Assembly. The Legislative Assembly
may
by law, vest in the members of the cabinet, special courts, heads of
agencies,
commissions and boards, the power to appoint subordinate officers.
Sec. 13. The regional
governor shall address the Legislative Assembly at the opening of its
regular
session. He may also appear before it at any time. The Legislative
Assembly
may invite the President and other government officials to address it.
ARTICLE
VILOCAL
GOVERNMENT
Sec. 1. The territorial
and political subdivisions of the autonomous region are the provinces,
cities, municipalities, and barangays where applicable.
Sec. 2. The local
government
units shall enjoy autonomy and continue to exercise the powers granted
them under the Local Government Code.
Nothing herein provided
shall be construed in any manner as to diminish the powers and
functions
already enjoyed by the local government units.
Sec. 3. Subject to the
President's power of supervision over local governments, the regional
government
shall have general supervision over local governments within the CAR.
ARTICLE
VIIPATRIMONY,
ECONOMY
AND
DEVELOPMENT
Sec. 1. The regional
government shall initiate, stimulate, facilitate, support and catalyze
development in the region.
Sec. 2. The regional
development plan shall incorporate the priority projects identified in
the integrated local development plans and shall take into account the
peculiarities of the different environments within the region.
Sec. 3. The formulation
and implementation of development programs in the Cordillera shall,
among
other things, address the following concerns:cralaw:red
(a)
Delineation,
protection,
preservation and development of watersheds, public parks, and other
government
reservations that are declared by competent authorities as critical to
the survival of the communities and declaration of such areas
inalienable;
(b) Respect for
indigenous
concepts, processes and institutions as bases of development;
(c) The need for
development
strategies to meet disparities in natural resource endowments among
communities.
These include the need for programs that enhance physical, economic,
and
social mobility of the people;
(d) The need for
cooperative
organizations and similar institutions as instruments for democratizing
ownership and management of public utilities;
(e) Urban land reform
and
socialized housing to minimize the problem of inadequate shelter and
congestion
with its attendant social problems;
(f) Development and
use
of appropriate technology based on indigenous conservation practices;
(g) Democratization
of
ownership
of enterprises and equitable distribution of the benefits of
development.
Sec. 4. The exploitation,
exploration, development, enjoyment and utilization of natural
resources
found in the CAR shall be under the control and supervision of the
regional
government upon due consultation, except with respect to uranium, coal
and petroleum which shall be under the control and supervision of the
national
government.
Sec. 5. The
exploitation,
exploration, development, enjoyment and utilization of natural
resources,
except those enumerated in Sec. 4 of this article, shall be allowed
to all Filipinos and to private enterprises, including corporations,
cooperatives,
and similar collective organizations.
Sec. 6. The regional
government shall actively and immediately pursue reforestation measures
to ensure that lands not devoted to agriculture shall be covered with
trees,
giving priority to land strips along the edges of rivers and streams
and
shorelines of lakes.
Sec. 7. The regional
government shall adopt measures for the development of communities
occupying
lands eighteen percent (18%) slope or over, by providing the necessary
infrastructure, financial and technical support.
Sec. 8. There shall be
a Regional Planning and Development Board which shall serve as the
Regional
Development Council. It shall be composed of the regional governor, as
chairman, and the following as members thereof: all the provincial
governors,
the city mayor, two (2) members of the assembly to be designated by the
regional vice-governor, representatives of the regional line agencies,
and the CAR congressmen or their duly authorized representatives.
The Board shall act as
the
planning, monitoring and coordinating body for the CAR. It shall
prepare
and submit a comprehensive regional medium-term and long-term
development
plan, and annual work programs to the regional governor, for proper
implementation.
The regional office of the National Economic and Development Authority
shall serve as the secretariat and technical arm of the Board.
Sec. 9. Small-scale
mining
shall receive support from and be regulated by the autonomous region,
taking
into consideration ecological balance and the interest of the
communities
where such operations are conducted.
Sec. 10. The regional
government may establish and capitalize a Regional Development Bank
which
shall administer its own funds. The bank shall be under the supervision
of the Bangko Sentral ng Pilipinas (BSP) and under the general banking
laws.
Sec. 11. The regional
government shall, in coordination with the national government, plan,
construct
and maintain a system of roads interconnecting the various areas of the
region to other regions adjacent to the Cordilleras and shall establish
a region-wide telecommunications system to enable all the
municipalities
within the region to be equipped with telephone, telegraph or radio
facilities.
Sec. 12. Subject to
ecological
considerations, the regional government shall adopt and implement a
comprehensive
urban land reform and land use program consistent with the Constitution
and national laws and policies to ensure the just utilization within
their
jurisdiction.
ARTICLE
VIIISOURCES
OF
REVENUES
AND OTHER FISCAL MATTERS
Sec. 1. The regional
government shall have the power to create its own sources of revenues
and
to levy fees and charges except the power to impose taxes, subject to
such
guidelines and limitations as the Constitution and this Act may
provide,
consistent with the basic policy of local autonomy.
Sec. 2. All
corporations,
partnerships, and other entities directly engaged in business in the
region
shall pay their corresponding taxes, fees, and charges to the province,
city, or municipality where such establishments are conducting their
business
operations.
Sec. 3. The sources of
revenues of the CAR shall include, but are not limited to, the
following:cralaw:red
(a) Fees and
charges
imposed
by the regional government;
(b) Appropriations
and
other
budgetary aids from the national government;
(c) Share in the
proceeds
from the development and utilization of the national wealth within the
region;
(d) Share in revenues
generated
from the operation of public utilities within the region as may be
determined
by law; and
(e) Block grants
derived
from economic agreements or conventions authorized by the regional
government,
donations, endowments, foreign assistance, and other forms of aid,
subject
to the Constitution and national laws.
Sec. 4. Subject to the
Constitution,
the regional government shall evolve a system of economic agreements or
trade compacts to generate block grants and foreign loans for
investments
and improvements of regional economic structures. These economic
agreements
or trade compacts shall be ratified by the assembly.
Upon the recommendation
of the Regional Planning and Development Board, the regional government
shall assist local government units and regional line agencies in
projects
requiring counterpart funds.
Sec. 5. Donations or
grants to the CAR to finance, to provide for, or to be used in
undertaking
projects in health, education, culture, youth and sports development,
human
settlements, science and technology, and economic development, shall be
deductible in full in determining the taxable income of the donor or
grantor.
Sec. 6. Subject to
existing
national laws, donations or grants to the autonomous region exclusively
to finance, to provide for, or to be used in undertaking projects in
education,
health, youth and sports development, human settlement, science and
culture,
and in economic development shall be deductible in full in determining
taxable income of the donor or grantor.
Sec. 7. The Cordillera
Assembly shall have the power to grant tax incentives or exemption on
taxes
which the autonomous region is empowered under this Act to impose. A
law
granting tax exemption shall only be passed with the concurrence of a
majority
of all the members of the Cordillera Assembly.
Sec. 8. Foreign loans
may be contracted only in accordance with the provisions of the
Constitution
and national laws: Provided, That the Cordillera governor may contract
domestic loans subject to the approval of the Cordillera Assembly.
ARTICLE
IXAGRICULTURE,
TRADE
AND
INDUSTRY,TOURISM
AND
COOPERATIVES
Sec. 1. The regional
government shall, as a basic policy, promote agriculture production for
domestic or commercial needs.
Sec. 2. The
conservation,
protection and utilization of water resources for agricultural purposes
shall be given priority.
Sec. 3. The regional
government shall promote and develop inland fishery production and
establish
fishery processing plants in areas where the industry is viable.
Sec. 4. The regional
government shall undertake research and pass legislation to enforce
floor
prices on agricultural and industrial products and ceiling prices on
agricultural
inputs, and provide and strengthen extension services to farmers free
of
charge.
Sec. 5. The regional
government shall encourage the establishment of micro-cottage, small
and
medium-scale industries using efficient and productive methods. It
shall
undertake measures to provide for their protection and financing
requirements.
Sec. 6. The regional
government shall provide for the proper utilization and disposal of
industrial
waste.
Sec. 7. The regional
government shall adopt measures to prevent flight of capital from the
region.
Sec. 8. The regional
government shall adopt measures against monopolies in public utilities,
development, trading and similar concerns. It may, in the interest of
regional
welfare and security, establish and operate pioneering public
utilities.
Upon payment of just compensation, it may transfer the ownership of
such
utilities to cooperatives or other collective organizations.
Sec. 9. The regional
government shall adopt measures to prevent the manufacture,
importation,
distribution or sale of agricultural and industrial inputs found to be
biologically or environmentally harmful.
Sec. 10. The regional
government shall adopt measures to initiate, encourage and develop
industrialization
in the region, taking into account the culture and capabilities of the
people of the area to control or manage their resources, the ecological
needs of the area and the conservation of resources.
Sec. 11. Consistent
with
the preservation of cultural heritage and the protection of ecology,
the
regional government shall promote eco-tourism within the region. The
Cordillera
Assembly shall establish offices and facilities that shall implement
tourism
concerns.
Sec. 12. The regional
government shall encourage, promote and support the establishment of
economic
zones, industrial and trade centers, and airports, in strategic areas
and
growth centers in the region, including the necessary support
infrastructure
in accordance with land use and other environmental considerations.
Sec. 13. The regional
government shall, in coordination with the local government units,
encourage
foreign investments and the exportation of indigenous products in
accordance
with its development goals and priorities.
Sec. 14. The regional
government shall promote cooperatives as tools for economic
development,
social justice, and people empowerment.
Sec. 15. Within one (1)
year from its organization, the Cordillera Assembly shall establish a
Cooperative
Development Commission and define its powers, functions and mechanism
for
implementation.
ARTICLE XEDUCATION,
SCIENCE
AND
TECHNOLOGY, LANGUAGE,ARTS AND
CULTURE,
AND
SPORTS
Sec. 1. The regional
government shall, consistent with the Constitution and national laws,
exercise
legislative powers over regional educational policies and cultural
matters
which shall, among other things, include:cralaw:red
(a) The
authority to
establish
educational institutions, colleges and universities: Provided, That
regional
colleges and universities created by the autonomous region shall enjoy
fiscal and administrative autonomy subject to regional laws;
(b) Promulgate
regional
educational policies which shall, among other things, include the
establishment
of educational institutions, colleges and universities; development of
curricula relevant to the cultural heritage and responsive to the
social,
economic, political, and moral needs of the people in the region.
Sec. 2. Private educational
institutions, colleges and universities shall enjoy the protection and
support of the regional government.
Sec. 3. The regional
government shall establish a scholarship program for gifted or
deserving
students.
Sec. 4. The right of
teachers, employees, students and parents to organize themselves and to
participate in school policy-making shall be guaranteed.
Sec. 5. The level of
compensation and other benefits for teachers, nonteaching and other
personnel
of the educational system in the region shall at least be equal to the
national standard.
Sec. 6. Educational
system
in the autonomous region shall develop consciousness and appreciation
of
the ethnic identity of the people of the region and shall provide a
better
understanding of their cultural heritage for the attainment of national
unity and harmony.
Sec. 7. State colleges
and universities within the autonomous region shall continue to enjoy
fiscal
and institutional autonomy and continue to be governed by their
respective
charters. However, the regional official in charge of tertiary
education
shall be a member of the governing boards of state colleges and
universities
in the autonomous region.
Sec. 8. The University
of the Philippines-Baguio shall continue to remain with the University
of the Philippines System.
Sec. 9. The advancement
of scientific research and appropriate technology on all levels of
education
shall be given priority in the allocation of funds by the regional
government.
Sec. 10. Incentives and
safeguards for intellectual property right, and assistance in the
registration
of patents and copyrights shall be accorded to creative artists,
scientists
and inventors in the region.
Sec. 11. The regional
government shall take steps towards the development of a common
regional
language based upon the various languages and dialects in the region to
enrich the national language.
Sec. 12. The regional
government shall design and implement regionwide physical fitness and
sports
development programs which shall be a cooperative responsibility of the
school, the community, and the government.
ARTICLE
XISOCIAL
JUSTICE AND
WELFARE
Sec. 1. The regional
government commits itself to social justice and shall, among other
things,
adopt measures to:cralaw:red
(a) Create
social and
economic
opportunities for the less fortunate for them to become self-reliant;
(b) Ensure equal
access
to opportunity for elective public service, through mechanisms that
make
elections inexpensive;
(c) Uplift
marginalized
communities; and
(d) Democratize the
ownership
of the means of production and the benefits of development.
Sec. 2. The regional government
shall promote shared responsibilities between workers and employers in
the private and government sectors.
Sec. 3. The regional
government shall give full protection to labor and promote equality of
employment opportunities for all. Towards this end, it shall, among
other
things, provide for:cralaw:red
(a) Periodic
adjustments
and rational standardization of compensation rates to ensure a living
wage
for all workers;
(b) Adoption of
profit
sharing
schemes that recognize the right of workers to a just share in the
profits
of business and the right of the enterprise to reasonable returns on
investment;
(c) Protection of
workers
against unhealthy and dangerous working conditions; and
(d) Legislation for
the
benefit and welfare of domestic workers.
Sec. 4. The regional government
recognizes health as a basic human right and the attainment,
maintenance
and protection thereof shall be its responsibility to the people. The
regional
government affirms that health is an instrument for and a product of
socioeconomic
development. For this purpose, it shall, among other things:cralaw:red
(a)
Establish, maintain,
and support an effective health care delivery system utilizing primary
health care as a comprehensive and integrated approach;
(b) Ensure that the
health
care system is governed by the principles of service, social justice,
and
equity;
(c) Popularize health
knowledge
and skills to enable the people to take responsibility for their health;
(d) Give relevant
training
and appropriate standards for health workers and professionals;
(e) Establish and
maintain
an effective food and drug regulatory system which shall provide for
the
adoption of an essential drug list, encourage the use of generic
medicines
or drugs, and promote the use of herbal medicines and indigenous health
resources;
(f) Conduct research
and
compile traditional healing methods and cultural health practices; and
(g) Evolve financing
schemes
to effectively lessen the costs of health care.
Sec. 5. The regional government
shall promote the well-being of the physically disabled and mentally
handicapped,
the elderly, the homeless, widows and orphans, retirees, and veterans,
and assist victims of calamities, abused children and women in crisis
situation.
Sec. 6. The Cordillera
Assembly shall, within one (1) year from its organization, enact
measures
embodying reintegration programs responsive to the needs of rebel
returnees
and rejoinees.
Sec. 7. The regional
government shall adopt insurance and social security measures
responsive
to the needs of the people to supplement existing privileges.
Sec. 8. The regional
government, in cooperation with the private sector, shall promote
housing
programs where needed, which shall be financed under liberal credit
terms
and shall utilize indigenous materials, architecture and technology.
Housing
cooperatives to administer the projects shall be encouraged.
Sec. 9. The regional
government shall promote a harmonious balance between women's personal,
family and work obligations and their participation in public life.
Shared
parenting and homemaking responsibilities between spouses shall be
encouraged.
Sec. 10. The regional
government shall establish and strengthen support systems and services
for working women, which include maternal and child care services, day
care centers, longer maternity leaves, paternity leaves for their
spouses,
and early retirement age.
Sec. 11. The regional
government shall undertake education and information programs to
increase
women's awareness of their rights and responsibilities and to correct
customs,
practices and mental attitudes that stereotype and regard them as
commodities.
Sec. 12. The regional
government shall promote and support duly established peoples'
organizations
and encourage the formation of organizations, especially those of the
underprivileged.
Guidelines and accreditation standards to define the conditions
required
of peoples' organizations shall be set without abridging their right to
effective participation and representation.
ARTICLE
XIIPEACE
AND ORDER
Sec. 1. (a) The
Cordillera
Assembly shall enact necessary measures to promote and maintain peace
and
order and public safety in the region.
(b) The assembly shall,
subject to the provisions of the Constitution and existing laws, create
a Cordillera Regional Security Force taking into consideration
indigenous
and nonindigenous structures.
Sec. 2. The Cordillera
Assembly shall, by law, create a regional police force as an integral
part
of the Philippine National Police under the administration and control
of the National Police Commission. It shall be headed by a police
commissioner
with two (2) deputies, who shall be inhabitants of the autonomous
region,
to be appointed by the President of the Philippines upon recommendation
of the Cordillera Governor.
Sec. 3. The regional
police shall be under the supervision of the Cordillera Governor: Provided,
That city or municipal mayors, who are hereby constituted as ex
officio
representatives of the National Police Commission, shall have
operational
control and supervision of the police force within their constituent
units
in accordance with law and appropriate rules and regulations.
Sec. 4. The defense and
security of the autonomous region shall be the responsibility of the
national
government. Towards this end, there is hereby created a Regional
Command
of the Armed Forces of the Philippines for the autonomous region, which
shall be organized, maintained and utilized in accordance with national
laws. The national government shall have the authority to station and
deploy
in the autonomous region sufficient elements of the Armed Forces of the
Philippines: Provided, That inhabitants of the autonomous
region
shall be given preference in assignments therein.
Sec. 5. The provisions
of the preceding Sec.s notwithstanding, the Cordillera Governor may
request the President of the Philippines to call upon the Armed Forces
of the Philippines:cralaw:red
(a) To
prevent or
suppress
lawlessness, violence, invasion or rebellion, when the public safety so
requires, in accordance with the provisions of the Constitution;
(b) To suppress the
danger
to or breach of peace in the area of autonomy, when the police forces
of
the autonomous region are not able to do so; and
(c) To avert any
imminent
danger to public order and security in the area of autonomy.
Sec. 6. The regional government
shall recognize indigenous structures or systems found to be acceptable
and effective in the promotion of peace and order in the region.
ARTICLE
XIIIGENERAL
PROVISIONS
Sec. 1. This Organic
Act shall be officially promulgated in Filipino and English and
translated
into the languages or dialects widely spoken in the autonomous region.
In case of conflict, the English text shall prevail.
Sec. 2. For purposes
of qualification for any elective or appointive public office in the
Cordillera
Autonomous Region, the person to be elected or appointed must have
resided
in the region for at least five (5) years immediately preceding the
election
or appointment.
Sec. 3. The Congress
may, upon recommendation of the Cordillera Assembly, adopt a new name
for
the Cordillera Autonomous Region.
Sec. 4. The regional
government shall have a regional emblem and hymn.
ARTICLE
XIVAMENDMENTS
OR
REVISIONS
Sec. 1. Any amendment
to, or revision of, this Act may be proposed by the Congress of the
Philippines,
upon majority vote of all the members of the House of Representatives
and
of the Senate voting separately.
Sec. 2. Any amendment
to or revision of this Organic Act shall become effective when ratified
by a majority of the votes cast in a plebiscite called for the purpose
which shall be held not earlier than sixty (60) days nor later than
ninety
(90) days after the approval of such amendment or revision.
ARTICLE
XVTRANSITORY
PROVISIONS
Sec. 1. Unless
otherwise
provided by law, the date of the election of the first set of officials
of the regional government shall be on the second Monday of May 1998.
Sec. 2. Except for the
regional line agencies, the Cordillera Executive Board, the Cordillera
Regional Assembly, and the Cordillera Bodong Administration as a
commission,
created under Executive Order No. 220, shall cease to exist immediately
upon the assumption to office of the regional governor. For this
purpose,
all their funds, properties and assets shall automatically be
transferred
to the regional government. Their employees shall be given priority in
the filling up of available vacant positions in the regional
government,
subject to civil service laws, rules and regulations.
Sec. 3. The seat of the
regional government of CAR shall be determined by the regional
assembly:
Provided, however, That the interim seat of the regional government
shall
be in the City of Baguio.
Sec. 4. Civil service
employees shall not be laid off, dismissed or removed as a result of
any
reorganization attendant to the establishment of the Cordillera
Autonomous
Region, except for cause. All personnel of the national government and
of government-owned or -controlled corporations who are absorbed by the
regional government shall receive equal salaries and benefits with
their
national counterparts.
Sec. 5. Within one (1)
month from the organization of the regional government, an Oversight
Committee
composed of the executive secretary as Chairman, the secretary of the
Department
of Budget and Management, the Cordillera Regional Governor, the
presiding
officer of the Cordillera Legislative Assembly, two (2) senators to be
designated by the Senate President, two (2) representatives to be
designated
by the Speaker of the House of Representatives, the executive director
of the Cordillera Executive Board, the chairman of the Cordillera
Regional
Assembly, chief-executive of the Cordillera Bodong Administration,
executive
director of the Office for Northern Cultural Communities as members,
shall
be organized for the purpose of supervising the transfer to the
autonomous
region of such powers and functions vested in it by this Organic Act
and
the appropriations of the offices or agencies including the transfer of
properties, assets and liabilities, and such personnel as may be
necessary;
and of identifying the other line agencies and government-owned or
-controlled
corporations that may be absorbed by the regional government and, with
respect to the latter, also the terms and conditions of their turnover.
Within six (6) months after its organization, the oversight committee
shall
submit its report and recommendation to the President of the
Philippines
who shall act on the report and recommendations within ninety (90) days
after receipt thereof: Provided, however, That if the President
fails to act within said period, the recommendations of the Oversight
Committee
shall be deemed approved.
Sec. 6. Upon the
organization
of the autonomous region, the line agencies and offices of the national
government devolved to the regional government including their
personnel,
equipment, properties and budgets, shall be immediately placed under
the
control and supervision of the regional government.
Sec. 7. Notwithstanding
the provisions of the preceding Sec.s, the Government Service
Insurance
System (GSIS), the Social Security System (SSS), the
Pagtutulungan-Ikaw,
Bangko, Industriya't Gobyerno (PAG-IBIG), and other funds of similar
trust
or fiduciary nature shall be exempted from the coverage of this Organic
Act.
Sec. 8. The national
government shall continue its annual allotment to the regional
government
and devolved regional line agencies, and in addition, provide the
autonomous
government annual assistance of Four billion pesos (P4,000,000,000.00)
for the first five (5) years and Three billion pesos
(P3,000,000,000.00)
for the last five (5) years to be allocated in the following manner:cralaw:red
(a) Fifty
percent (50%)
for regional government for regional infrastructure, livelihood and
revenue
generating projects; and
(b) Fifty percent
(50%)
for provincial and city infrastructure.
Provided, That
annually,
each barangay shall receive not less than Five hundred thousand pesos
(P500,000.00),
and each municipality shall receive not less than Five million pesos
(P5,000,000.00)
to be taken from the share of the province where they are located. In
the
case of Baguio, barangays shall take their shares from the city
government: Provided, further, That the duly elected
congressional
representatives
shall be consulted in the identification of the projects to be funded
by
the said sums: Provided, finally, That the proposed projects,
together
with the regional infrastructure projects, shall be embodied in a
regional
Public Works Act to be passed by the Regional Assembly.
Sec. 9. (a) The share of
each local government unit shall be released without need of any
further
action, directly to the provincial, city, municipal or barangay
treasurer,
as the case may be on a quarterly basis within five (5) days after the
end of each quarter, and which shall not be subject to any lien or
holdback
that may be imposed by the regional government for whatever purpose.
(b) Nothing in this
Organic
Act shall be understood to diminish the share of local government units
under existing law.
Sec. 10. To carry out
the powers and functions of the regional government the assembly may
create
such other offices and positions as may be necessary subject to
availability
of funds.
Sec. 11. The creation
of the CAR shall take effect when approved by a majority of the votes
cast
by the constituent units provided in Sec. 2, Article I of this Act,
in a plebiscite which shall be held not earlier than forty-five (45)
days
nor later than one hundred twenty (120) days after the approval of this
Act: Provided, That only the provinces and city voting favorably in
such
plebiscite shall be included in the CAR.
The sum of Eighty
million
pesos (P80,000,000.00) is hereby appropriated for the following
purposes:cralaw:red
(a) Thirty
million pesos
(P30,000,000.00) to be allotted to the local government units for the
conduct
of a well-coordinated information campaign on this Act;
(b) Twenty million
pesos
(P20,000,000.00) to be allotted to the Commission on Elections
(COMELEC)
for the holding of a plebiscite as provided herein; and
(c) Thirty million
pesos
(P30,000,000.00) to be allotted to the regional government for its
initial
organizational requirements.
The amount of Eighty
million
pesos (P80,000,000.00) as herein appropriated shall be charged against
the contingent fund. Any deficiency thereof shall be taken from any
available
funds of the national government.
Sec. 12. Any provision or
part of this Organic Act found to be invalid or unconstitutional stall
not invalidate the provisions or parts thereof not affected thereby.
Sec. 13. All laws
inconsistent
with this Organic Act are hereby repealed or modified accordingly.
ARTICLE
XVIEFFECTIVITY
Sec. 1. This Act shall
take effect after fifteen (15) days following its complete publication
in at least two (2) national newspapers and all local newspapers of
general
circulation in the autonomous region.
Approved:
December 22, 1997
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