A
collection of Philippine laws, statutes and codes
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This page features the full text of
Republic Act No. 6766
AN
ACT PROVIDING FOR AN ORGANIC ACT FOR THE CORDILLERA AUTONOMOUS REGION
REPUBLIC
ACT NO. 6766
AN
ACT PROVIDING FOR AN ORGANIC ACT FOR THE CORDILLERA AUTONOMOUS REGION
PREAMBLE The
God of peace, love and justice guiding them, the Filipino people of the
Cordillera, faithful to the struggle of their forbears for the
protection
of their patrimony and the preservation of their heritage, in order to
secure for themselves and their posterity a region of peace founded on
truth, freedom, justice, love and human solidarity, and establish a
Regional
Autonomous Government within the framework of the Constitution and the
national sovereignty as well as the territorial integrity of the
Republic
of the Philippines that shall ensure their human rights, their human
development,
and their participation in the affairs of the Filipino Nation, do
proclaim
this Organic Act of the Cordillera Autonomous Region, through the
Congress
of the Philippines.
ARTICLE
I
THE
AUTONOMOUS REGION NAME AND AREA
Section
1. There is hereby created an
Autonomous Region in the Cordilleras to be known as the Cordillera
Autonomous
Region.
Sec.
2. (A) The area of the Cordillera
Autonomous Region shall consist of the city and the provinces that
shall
vote favorably in the plebiscite called for the ratification of this
Organic
Act pursuant to Section 18, Article X of the Constitution.
(B) The
area of the plebiscite shall be the provinces of Benguet, Mountain
Province,
Ifugao, Abra and Kalinga-Apayao, and the chartered City of Baguio.chanrobles virtual law library
ARTICLE
II
GUIDING
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.chanrobles virtual law library
The
Autonomous Region shall be governed and administered in accordance with
this Organic Act.chanrobles virtual law library
Sec.
2. Autonomy ensures for the people
of the Cordilleras 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.cralaw:red
Sec.
3. All government authority emanates
from the people and shall be exercised with their democratic
participation,
representation and consent.cralaw:red
Sec.
4. It is the primary duty of
the Regional Government to ensure and protect the basic individual and
collective rights of its constituents, as enshrined in the Constitution
and this Organic Act.cralaw:red
Sec.
5. 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
lawless
violence, cruelty, vengeance and discrimination.cralaw:red
Sec.
6. 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 rich and poor, rural and urban
areas
and among territorial subdivisions.cralaw:red
Sec.
7. The people of the Cordilleras
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.cralaw:red
Sec.
8. 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.cralaw:red
The
people of the region shall have prior right to the utilization and
development
of the natural, material, and fiscal resources of the region.cralaw:red
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
Cordilleras.cralaw:red
The
conservation and protection of the natural environment by the
Cordillera
Autonomous Region and its people is an essential dimension of regional
development.cralaw:red
The
Regional Government shall promote a balanced and sustainable economic
growth
and development in the region.cralaw:red
Sec.
9. 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 non-formal, 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.cralaw:red
Sec.
10. 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.cralaw:red
Sec.
11. 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.cralaw:red
Sec.
12. 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.cralaw:red
Sec.
13. The Regional Government shall
pursue a policy of holding consultations 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.cralaw:red
Sec.
14. 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.cralaw:red
Sec.
15. The Regional Government shall
recognize the role of organized sectors and groups to initiate the
monitoring
and investigation of fund utilization, work contracts and projects
implementation,
and the filing of charges for irregularities.cralaw:red
Sec.
16. The Regional Government shall
adopt measures to free the people from poverty, generate employment and
develop a self-reliant economy effectively controlled by
Filipinos.cralaw:red
Sec.
17. 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.cralaw:red
Sec.
18. The Regional Government shall,
consistent with the Constitution and national laws and policies,
provide
incentives to investors, corporations and businesses but shall adopt
measures
to prevent the exploitation of natural and human resources and to
ensure
that such activities contribute to the development of the region and
the
democratic sharing of wealth and income among the inhabitants and local
government units.cralaw:red
Sec.
19. Subject to the Constitution
and national policies, the Regional Government shall review all forms
of
future aid or loans to local government units in order to safeguard
autonomy
and enhance development.cralaw:red
Sec.
20. Subject to the Constitution
and national policies, the Regional Government shall set guidelines for
energy production, public transportation and communications.cralaw:red
Sec.
21. The Regional Government shall
institute measures to promote courtesy, impartiality and integrity in
public
service and to eradicate nepotism, favoritism, graft and corruption,
red
tape and waste.cralaw:red
Sec.
22. The Regional Government shall
promote and harmonize the interests of both labor and capital and shall
protect their respective rights.cralaw:red
Sec.
23. 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.cralaw:red
Sec.
24. 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.cralaw:red
Sec.
25. Except under a state of emergency,
no 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 in the Regional Government.
Neither
shall they be appointed or designated to such positions within five (5)
years from their separation or retirement from the military
service.cralaw:red
Sec.
26. The Regional Government shall
take measures to prevent torture; other cruel, inhuman, and degrading
treatment
or punishment; and illegal detention and extra-judicial
executions.cralaw:red
Sec.
27. Subject to the Constitution
and national policies, the Regional Government shall pursue
reconciliation
efforts and promote peace and demilitarization in the region.cralaw:red
Sec.
28. The above principles and
policies shall be in addition to the principles and policies embodied
in
the Constitution.cralaw:red
ARTICLE
III
POWERS
OF GOVERNMENT
Sec.
1. The Cordillera Autonomous
Region is a territorial and political subdivision administered by the
Cordillera
Government consisting of the Regional Government and local government
units,
under the general supervision of the President, and is hereby
constituted
as a municipal corporation vested with all the powers inherent in its
character
as such and those expressly granted to it by this Organic Act.
Sec.
2. The Regional Government shall
exercise powers and functions necessary for the proper governance and
development
of all provinces, cities, municipalities, and barangay or areas 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.chanrobles virtual law library
Sec.
3. (A) The powers and functions
of government in the Autonomous Region granted under Section 20 and 21,
Article X of the Constitution shall be, where appropriate, share and
exercised
by the Regional Government and the local government units.chanrobles virtual law library
(B)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:
(a) Administrative
organization; (b) Creation
of sources of revenues; (c) Ancestral
domain and natural resources;
(d) Personal,
family, property and tribal relations;
(e) Urban
and rural planning development;
(f) Economic,
social and tourism development;
(g) Educational
policies;
(h) Preservation
and development of the cultural heritage;
(i) Powers,
functions and responsibilities now being exercised by the departments
of
the National Government except:
(1) Foreign
affairs; (2) National
defense and security; (3) Postal
service;
(4) Coinage,
and fiscal and monetary policies;
(5) Administration
of justice;
(6) Quarantine;
(7) Customs
and tariffs;
(8) Citizenship;
(9) Naturalization,
immigration and deportation;
(10) General
auditing, civil service and elections;
(11) Foreign
trade;
(12) Maritime,
land and air transportation, and communications that affect areas
outside
the Autonomous Region; and
(13) Patents,
trademarks, trade names, and copyrights; and (j) Such
other matters as may be authorized by national law for the promotion of
the general welfare of the people in the region.chanrobles virtual law library
The
Regional Government shall set up appropriate offices, agencies, and
instrumentalities
to carry out its powers, functions and responsibilities.
Sec.
4. The Regional Government may
exercise the power of eminent domain.
ARTICLE
IV
INTER-GOVERNMENTAL
RELATIONS
Sec.
1. The President shall exercise
general supervision over the Regional Government including the local
government
units therein, directly or through the Cordillera Governor, to ensure
that
national and regional laws are faithfully executed.
Sec.
2. All judicial and quasi-judicial
bodies shall continue to exercise their powers as provided in the
Constitution
and national laws unless otherwise provided herein.
Sec.
3. The Regional Government, working
closely with the people through their nongovernmental organizations and
other appropriate institutions, shall initiate and implement programs
and
projects in all areas within its scope of authority and
responsibility.chanrobles virtual law library
Sec.
4. Each province and city of
the region shall continue to be represented in Congress in such number
and proportion as may be determined by national law.cralaw:red
ARTICLE
V
THE
LEGISLATIVE DEPARTMENT
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. Provisions of existing laws
to the contrary notwithstanding, the Cordillera Assembly may create,
divide,
merge, abolish or substantially alter boundaries of any province, city,
municipality or barangay or areas subject to approval by a majority of
the votes cast in a plebiscite in the political units directly
affected.
It may also change the names of such local government units, public
places
and institutions.
Sec.
3. The Cordillera Assembly shall
approve the budget of the Autonomous Region.
Sec.
4. Unless otherwise provided
by national law, the Cordillera Assembly shall be composed of not more
than thirty-two (32) Members who shall be elected from regional
assembly
districts apportioned by regional law among the provinces and cities in
accordance with the number of their respective inhabitants, and on the
basis of a uniform and progressive ratio, taking into account geography
and ethnolinguistic characteristics: Provided, That each province or
city
shall have at least one (1) Member. Each district shall comprise a
compact
and contiguous territory. The Members shall be elected by the qualified
voters of their respective regional assembly districts.cralaw:red
Within
two (2) years after the return of every census, a reapportionment of
the
regional assembly districts shall be made by the Cordillera Assembly in
accordance with the criteria hereinabove established.cralaw:red
Sec.
5. (A) The Members of the Cordillera
Assembly shall have a term of three (3) years which shall begin, unless
otherwise provided by national law, at noon on the thirty-first day of
March next following their election and shall end at noon of the same
date
three (3) years thereafter.cralaw:red
(B) No
Member of the Cordillera Assembly 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
his service for the full term for which he was elected.cralaw:red
Sec.
6. (A) Unless otherwise provided
by national law, the regular election of the Members of the Cordillera
Assembly shall be held on the second Monday of February.cralaw:red
(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.cralaw:red
Sec.
7. No person shall be a Member
of the Cordillera Assembly unless she is a natural-born citizen of the
Philippines, at least twenty-one (21) years of age on the day of the
election,
able to read and write, a registered voter in the political subdivision
in which he shall be elected, and an actual resident thereof for a
period
of not less than one (1) year and of the Cordilleras for at least five
(5) years immediately preceding the day of the election.
Sec.
8. The Cordillera Assembly shall
elect its Speaker, who shall be its presiding officer, by a majority
vote
of all its Members. It shall choose such other officers as the rules of
the Assembly may require.cralaw:red
Sec.
9. The Cordillera Assembly shall
convene once every year on the fourth Monday of April for its regular
session,
unless a different date is fixed by national law, and shall continue to
be in session for such number of days as it may determine until thirty
(30) days before the opening of its next regular session, exclusive of
Saturdays, Sundays and legal holidays. However, it may be called to a
special
session at any time by the Cordillera Governor.cralaw:red
Sec.
10. (A) A majority of all the
Members of the Cordillera 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
Cordillera
Assembly may provide.cralaw:red
(B) The
Cordillera Assembly may determine the rules of its proceedings, punish
its Members for disorderly behavior, and, with the concurrence of
two-thirds
(2/3) of all its Members, suspend or expel a Member: Provided, That the
period of suspension shall not exceed sixty (60) days.cralaw:red
(C) The
Cordillera Assembly shall keep a Journal of its proceedings, and from
time
to time publish the same, and the yeas and nays on any question shall,
at the request of one-fifth (1/5) of the Members present, be entered in
the Journal.cralaw:red
Sec.
11. (A) Unless otherwise provided
by Congress, each Member of the Cordillera Assembly shall receive an
annual
salary of One hundred twenty thousand pesos (P120,000.00), except the
Speaker
who shall receive a salary of One hundred forty-four thousand pesos
(P144,000.00)
per annum. They shall not receive during their tenure any other
emolument
from the Government.cralaw:red
(B) The
records and books of accounts of the Cordillera Assembly shall be open
to the public in accordance with law. Such books shall be audited by
the
Commission on Audit which shall publish annually the itemized
expenditures
of each Member.cralaw:red
Sec.
12. No Member shall be questioned
or be held liable in any other place for any speech or debate in the
Cordillera
Assembly or in any committee thereof.cralaw:red
Sec.
13. No Member of the Cordillera
Assembly shall hold any other office or employment in the Government or
any of its subdivision, agency or instrumentality, including
government-owned
or controlled corporations or their subsidiaries, during his
tenure.cralaw:red
Sec.
14. No Member of the Cordillera
Assembly shall personally appear as counsel before courts of justice 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 Government or any
subdivision,
agency or instrumentality, including any government-owned or controlled
corporation or its subsidiary, during his tenure. He shall not
intervene
in any matter before any office of the Cordillera Autonomous Region for
his pecuniary benefit or where he may be called upon to act on account
of his office.cralaw:red
Sec.
15. All Members of the Cordillera
Assembly shall, upon their assumption of office, make a full disclosure
of their financial and business interests, including those of their
spouses
and unmarried children under eighteen (18) years of age living in their
households. They shall notify the Assembly of any potential conflict of
interest that may arise from the filing of measures of which they are
authors.cralaw:red
Any
Member found guilty of non-disclosure as required under this section
may
be expelled by a two-thirds (2/3) vote of all the Members of the
Cordillera
Assembly, without prejudice to his other liabilities under pertinent
legislation.cralaw:red
Sec.
16. (A) There shall be created
a Regional Commission on Appointments to be composed of the Speaker as
Chairman, and six (6) Members coming from different provinces and
cities
in the Autonomous Region, who shall be elected from among the Members
of
the Cordillera Assembly.cralaw:red
(B) The
Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty
(30) session days of the Cordillera Assembly from their submission. The
Commission shall decide by a majority vote of all the Members
thereof.cralaw:red
(C) All
original and promotional appointments to positions created by the
Cordillera
Assembly with the rank of Cabinet members and their assistants,
regional
directors, heads of agencies, or commissions shall be subject to review
and confirmation by the Regional Commission on Appointments.cralaw:red
(D) The
Regional Commission on Appointments shall be constituted within thirty
(30) days after the election of the Speaker of the Cordillera Assembly.
The Regional Commission on Appointments shall meet only while the
Cordillera
Assembly is in session, at the call of its Chairman or a majority of
all
its Members, to discharge its powers and functions.cralaw:red
Sec.
17. (A) There shall be a people's
hour at least once a month or as often as the rules of the Cordillera
Assembly
may provide, which shall be included in the Order of Business, during
which
any member of the Cabinet may, upon his own initiative, with the
consent
of the Cordillera Governor, or upon the request of the Cordillera
Assembly,
appear and answer questions and interpellations by Members of the
Assembly
on any matter pertaining to his department.cralaw:red
(B) The
Cordillera Assembly or any of its committees may conduct inquiries in
aid
of legislation in accordance with its duly published rules of
procedure.
The rights of persons appearing in or affected by such inquiries shall
be respected.cralaw:red
Sec.
18. (A) The Cordillera Governor
shall submit to the Cordillera Assembly not later than two (2) months
before
the beginning of every regular session, to serve as the basis of the
regional
appropriations bill, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures.cralaw:red
The
fiscal year of the Cordillera Autonomous Region shall cover the period
April 1 to March 31 of the succeeding year.cralaw:red
(B) The
Cordillera Assembly may not increase the appropriations recommended by
the Cordillera Governor for the operation of the Regional Government as
specified in the budget. The form, content and manner of preparation of
the budget shall be prescribed by regional law: Provided, however, That
pending the enactment of such a regional law, the budgeting process of
the Regional Government shall be governed by existing national laws and
rules and regulations prescribed by the Department of Budget and
Management.cralaw:red
(C) No
provision or enactment shall be embraced in the regional appropriations
bill unless it relates specifically to some particular appropriation
therein.
Any such provision or enactment shall be limited in its operation to
the
appropriation to which it relates.cralaw:red
(D) The
procedure in approving appropriations for the Cordillera Assembly shall
strictly follow the procedure for approving appropriations for other
departments
and agencies of the Regional Government.cralaw:red
(E) A
special regional appropriation bill shall specify the purpose for which
it is intended, and shall be supported by funds actually available as
certified
by the Regional Treasurer, or to be raised by a corresponding revenue
proposal
therein.cralaw:red
(F) No
law shall be passed authorizing any transfer of appropriations;
however,
the Cordillera Governor and the Speaker of the Cordillera Assembly may,
by regional law, be authorized to augment any item in the regional
appropriations
law for their respective offices from savings in other items of their
respective
appropriations.cralaw:red
(G) Discretionary
funds appropriated for particular officials shall be disbursed only for
public purposes to be supported by appropriate vouchers and subject to
such guidelines as may be prescribed by regional law.cralaw:red
(H) If,
by the end of any fiscal year, the Cordillera Assembly shall have
failed
to pass the regional appropriations bill for the ensuing fiscal year,
the
Regional Appropriations Law for the preceding fiscal year shall be
deemed
reenacted and shall remain in force and effect until the regional
appropriations
bill is passed by the Cordillera Assembly.cralaw:red
(I) The
Cordillera Governor shall have the power to veto any particular item or
items in an appropriation or revenue bill, but the veto shall not
affect
the item or items to which he does not object.cralaw:red
Sec.
19. (A) The rule of taxation
shall be uniform and equitable. The Cordillera Assembly shall evolve a
progressive system of taxation.cralaw:red
(B) Charitable
institutions, churches, parsonages or convents appurtenant thereto,
mosques
and temples, non-profit cemeteries, and all lands, buildings and
improvements
actually, directly and exclusively used for religious or charitable
purposes
shall be exempt from taxation.cralaw:red
Sec.
20. (A) No money shall be paid
out of the Regional Treasury except in pursuance of an appropriation
made
by regional law.cralaw:red
(B) No
public 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, imam or other religious
teacher
or dignitary as such, except when such priest, preacher, minister, imam
or dignitary is assigned to the regional police or government orphanage
and rehabilitation centers or similar institutions.cralaw:red
(C) All
money collected on any regional tax levied for a special purpose shall
be treated as a special fund and paid out for such purpose only. If the
purpose for which a special fund was created has been fulfilled or
abandoned,
the balance, if any, shall be transferred to the general fund of the
Regional
Government.cralaw:red
Sec.
21. (A) Every bill shall embrace
only one (1) subject which shall be expressed in the title
thereof.cralaw:red
(B) No
bill shall become a law unless it has passed three (3) 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
Cordillera
Governor certifies to the necessity of its immediate enactment to meet
a public calamity or emergency affecting the region or any of its
component
provinces, cities, municipalities or barangay or ili. 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.cralaw:red
Sec.
22. Every bill passed by the
Cordillera Assembly shall, before it becomes a law, be presented to the
Cordillera Governor. If he approves the same, he shall sign it;
otherwise,
if the bill contains ultra vires provisions, or if he finds it
objectionable
on policy grounds, or both, he shall veto it and return it with his
objections
to the Cordillera Assembly, which shall enter the objections at large
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. In all such cases, the vote shall be
determined
by yeas or nays, and the names of the Members voting for or against
shall
be entered in the Journal. The Cordillera 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.cralaw:red
Sec.
23. The Speaker of the Cordillera
Assembly shall, within ten (10) working days from approval thereof,
submit
to the President and to both Houses of Congress a certified true copy
of
all laws and resolutions passed by the Cordillera Assembly.cralaw:red
ARTICLE
VI
THE
EXECUTIVE DEPARTMENT
Sec.
1. The executive power shall
be vested in a Cordillera Governor who shall be elected at large by
direct
vote of the people of the Autonomous Region.
Sec.
2. No person may be elected Cordillera
Governor unless he is a natural-born citizen of the Philippines, and on
the day of the 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.
Sec.
3. The Cordillera Governor shall
be assisted by a Cabinet of six (6) members at least four (4) of whom
shall
preferably come from indigenous cultural communities: Provided, That
the
members shall, as far as practicable, come from various provinces and
cities
within the Autonomous Region.chanrobles virtual law library
The
members of the Cabinet must be registered voters and residents of the
region
for at least five (5) years immediately preceding their
appointment.cralaw:red
The
Cordillera Governor shall appoint the members of the Cabinet subject to
confirmation by the Regional Commission on Appointments.cralaw:red
Sec.
4. There shall be a Cordillera
Deputy Governor who shall have the same qualifications and term of
office
and be elected with and in the same manner as the Cordillera Governor.
He may be removed from office in the same manner as the Cordillera
Governor.
The Cordillera Deputy Governor may be appointed as a member of the
Regional
Cabinet. Such appointment requires no confirmation.cralaw:red
Sec.
5. The Cordillera Governor and
the Cordillera Deputy 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 thirty-first day of March next following the day of
election
and shall end at noon of the same date three (3) years thereafter.cralaw:red
No
Cordillera Governor or Cordillera Deputy 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.cralaw:red
Unless
otherwise provided by national law, the regular election for the
Cordillera
Governor and Cordillera Deputy Governor shall be held on the second
Monday
of February.cralaw:red
Sec.
6. The Cordillera Governor and
the Cordillera Deputy Governor on assuming office shall take the
following
oath or affirmation:
"I
do solemnly swear (or affirm) that I will faithfully and
conscientiously
fulfill my duties as Cordillera Governor (or Cordillera Deputy
Governor)
of the Cordillera Autonomous Region, presence and defend the
Constitution
of the Republic of the Philippines and this Organic Act, execute its
laws,
do justice to all and consecrate myself to the service of the
Cordilleras.
So help me God." (In case of affirmation, the last sentence will be
omitted.)
Sec.
7. The annual compensation of
the Cordillera Governor and the Cordillera Deputy Governor shall,
unless
otherwise provided by national law, be fixed at One hundred eighty
thousand
pesos (P180,000.00) and One hundred forty-four thousand pesos
(P144,000.00),
respectively. They shall not receive during their tenure any other
emolument
from the Government.cralaw:red
Sec.
8. The Cordillera Governor shall
be provided with a reasonable housing allowance by the Cordillera
Assembly.cralaw:red
Sec.
9. The Cordillera Governor-elect
and the Cordillera Deputy Governor-elect shall assume office at the
beginning
of their terms.cralaw:red
If
the Cordillera Governor-elect fails to qualify, the Cordillera Deputy
Governor-elect
shall act as Cordillera Governor until the Cordillera Governor-elect
shall
have qualified.cralaw:red
If
the Cordillera Governor shall not have been chosen, the Cordillera
Deputy
Governor-elect shall act as Cordillera Governor until a Cordillera
Governor
shall have been chosen and qualified.cralaw:red
If
at the beginning of the term of the Cordillera Governor, the Cordillera
Governor-elect shall have died or shall have been permanently disabled,
the Cordillera Deputy Governor-elect shall become Cordillera
Governor.cralaw:red
Where
no Cordillera Governor and Cordillera Deputy Governor shall have
qualified,
or where both have died or become permanently disabled, the Speaker of
the Cordillera Assembly shall act as Acting Cordillera Governor until a
Cordillera Governor or Cordillera Deputy Governor shall have been
chosen
and qualified.cralaw:red
The
Cordillera Assembly shall, by law, provide for the manner in which one
who is to act as Cordillera Governor shall be selected until a
Cordillera
Governor or a Cordillera Deputy Governor shall have qualified, in case
of death, permanently disability or resignation of the Speaker.
Sec.
10. In case of death, permanent
disability, removal from office, or resignation of the Cordillera
Governor,
the Cordillera Deputy Governor shall become the Cordillera Governor to
serve for the unexpired term. In case of death, permanent disability,
removal
from office, or resignation of both the Cordillera Governor and
Cordillera
Deputy Governor, the Speaker of the Cordillera Assembly shall act as
Cordillera
Governor until the Cordillera Governor or Cordillera Deputy Governor
are
elected and qualified in a special election called for the purpose:
Provided,
That upon assumption as acting Cordillera Governor, the Speaker of the
Cordillera Assembly shall temporarily vacate his position as such and a
Speaker Pro Tempore shall be elected: Provided, further, That upon the
election and assumption of office of the new Cordillera Governor, the
Speaker
shall reassume his office.cralaw:red
The
Cordillera Assembly shall, by law, provide who shall serve as
Cordillera
Governor in case of death, permanent disability, or resignation of the
Acting Cordillera Governor. He shall serve until the Cordillera
Governor
shall have been elected and qualified, and be subject to the same
restrictions
of powers and disqualifications as the Acting Cordillera Governor.cralaw:red
Sec.
11. In case of temporary incapacity
of the Cordillera Governor to perform his duties on account of physical
or legal causes, or when he is on official leave of absence or on
travel
outside the territorial jurisdiction of the Republic of the
Philippines,
the Cordillera Deputy Governor, or if there be none, or in case of his
temporary incapacity or refusal to assume office, the Speaker of the
Cordillera
Assembly, shall exercise the powers, duties and functions of the
Cordillera
Governor.cralaw:red
Sec.
12. Whenever there is a permanent
vacancy in the office of the Cordillera Deputy Governor occurring at
least
one (1) year before the expiration of his term of office, the
Cordillera
Assembly shall call a special election to fill the vacancy in the
manner
prescribed by regional law: Provided, That the Cordillera Deputy
Governor
elected shall serve only for the unexpired term.cralaw:red
Sec.
13. The Cordillera Assembly shall,
at ten o'clock in the morning of the third day after the vacancies in
both
the offices of Cordillera Governor and Cordillera Deputy Governor
occur,
convene in accordance with its rules without need of a call and within
seven (7) days enact a law calling for a special election to elect a
Cordillera
Governor and a Cordillera Deputy Governor to be held not earlier than
thirty
(30) days or later than forty-five (45) days from the time of such
call.
The bill calling for such special election shall be deemed certified
under
the applicable law and shall become a law upon its approval on the
third
reading by the Assembly. Appropriations for the special election shall
be charged against any current appropriation. The convening of the
Assembly
shall not be suspended. Neither shall the special election be
postponed.
No special election shall be called if the vacancies occur within
twelve
(12) months immediately preceding the next regional elections.cralaw:red
Sec.
14. The Cordillera Governor,
the Cordillera Deputy 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 business or be financially
interested
directly or indirectly in any contract with, or in any franchise or
special
privilege granted by the Cordillera Government or any subdivision,
agency
or instrumentality thereof, including any national or regional
government-owned
or controlled corporation.cralaw:red
The
spouse and relatives by consanguinity or affinity within the fourth
civil
degree of the Cordillera 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.cralaw:red
Sec.
15. The Cordillera Governor shall
have control of all executive departments in the Regional
Government.cralaw:red
Sec.
16. The Cordillera Governor shall
appoint the heads of regional departments, bureaus or offices with the
concurrence of the Regional Commission on Appointments. The Cordillera
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.cralaw:red
Sec.
17. Any member of the Cabinet
may be removed or replaced by the Cordillera Governor at any time, with
or without cause. The salaries and emoluments of Cabinet members shall
be fixed by regional law which shall not be decreased during their
tenure.cralaw:red
Sec.
18. The Cordillera Governor shall
address the Cordillera Assembly at the opening of its regular session.
He may also appear before it at any other time. The Cordillera Assembly
may invite the President and other government officials to address it.
ARTICLE
VII
INDIGENOUS
AND SPECIAL COURTS
Sec.
1. There is hereby created a
system of tribal courts, which may include a Tribal Appellate Court,
for
the indigenous cultural communities in the Autonomous Region. These
courts
shall determine, settle and decide controversies and enforce decisions
involving personal, family and property rights in accordance with the
tribal
codes of these communities. The Cordillera Assembly shall, in
consultation
with the Supreme Court, define their composition and jurisdiction in
accordance
with this Act. It may also create a Council of Elders and provide for
its
organization and jurisdiction.
Sec.
2. The decisions of the special
courts shall be final and executory: Provided, however, That nothing
herein
contained shall affect the original and appellate jurisdiction of the
Supreme
Court as provided in the Constitution.
ARTICLE
VIII
LOCAL
GOVERNMENT
Sec.
1. The territorial and political
subdivisions of the Autonomous Region are the provinces, cities,
municipalities,
and barangay or areas, where applicable. For purposes of this Organic
Act,
the ili refers to a tribal village occupying a definite area within the
Autonomous Region.
Sec.
2. The territorial and political
subdivisions shall enjoy local autonomy.
Sec.
3. The Cordillera Governor shall
exercise general supervision over local governments. Provinces with
respect
to municipalities, and cities and municipalities with respect to their
component barangay or ili, shall ensure that the acts of their
component
units are within the scope of their legally mandated powers and
functions.chanrobles virtual law library
Sec.
4. Subject to the Constitution
and national policies, local government units are entitled to an
equitable
share in the proceeds of the utilization and development of the natural
resources within their respective areas, in the manner provided by
regional
law, including sharing the same with the inhabitants by way of direct
benefits.cralaw:red
Sec.
5. The term of office of the
elective local officials except that of the barangay or ili officials
which
shall be determined by regional law, including customary law, shall be
three (3) years. No such official shall serve for more than three (3)
consecutive
terms. Voluntary renunciation of the 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.cralaw:red
Sec.
6. Cities within the Autonomous
Region shall be governed by their charters. Nothing herein shall be
construed
in any manner as to diminish the powers and functions already enjoyed
by
these cities.cralaw:red
ARTICLE
IX
ACCOUNTABILITY
OF PUBLIC OFFICERS
Sec.
1. Public office is a public
trust. Public officers and employees must at all times be accountable
to
the people, serve them with utmost responsibility, integrity, loyalty
and
efficiency, act with patriotism and justice, and lead modest lives.
Sec.
2. The Cordillera Governor and
the Cordillera Deputy Governor may be removed for and conviction of
culpable
violation of the Constitution and this Organic Act, treason, bribery,
graft
and corruption, other high crimes, or betrayal of public trust by a
three-fourths
(3/4) vote of all the Members of the Cordillera Assembly.chanrobles virtual law library
The
Cordillera Assembly may initiate the removal of the Cordillera Governor
or the Cordillera Deputy Governor under this section by a majority vote
of all its Members.chanrobles virtual law library
The
Cordillera Assembly shall promulgate the necessary rules to carry out
effectively
the purposes of this section.cralaw:red
Sec.
3. No proceedings for the removal
of the Cordillera Governor and the Cordillera Deputy Governor shall be
initiated more than once within a period of one (1) year.cralaw:red
Sec.
4. Without prejudice to the provisions
of Section 2 hereof, the Cordillera Assembly shall provide for a system
of recall of all regional and local elective officials: Provided, That
no recall shall take place within one (1) year from the date of the
official's
assumption of office or one (1) year immediately preceding a regular
election
in the region.cralaw:red
Sec.
5. A public officer or employee
shall, upon assumption to office and as often thereafter as may be
required
by national law, submit a declaration under oath of his assets,
liabilities
and net worth, to the chief of the office concerned.cralaw:red
In
the case of the Cordillera Governor, the Cordillera Deputy Governor,
the
Members of the Cordillera Assembly and heads of offices, such
declarations
under oath shall be submitted to the Office of the Ombudsman and shall
be published in two (2) newspapers of general circulation in the
region.cralaw:red
ARTICLE
X
PERSONAL,
FAMILY, TRIBAL AND PROPERTY RELATIONS
Sec.
1. Customary laws affecting personal,
family, tribal and property relations in the Cordilleras shall be
recognized
among members of the indigenous tribal group or cultural
community.
Sec.
2. Marriages solemnized between
or among members of the indigenous tribal group or cultural community
in
accordance with the indigenous customary laws of the place shall be
valid,
and the dissolution thereof in accordance with these laws shall be
recognized.
Sec.
3. The Regional Government shall
promote a program of responsible parenthood which shall be based on the
parent's free and informed choice on the number of children they should
have without prejudice to their religious and cultural values.chanrobles virtual law library
Sec.
4. Peaceful settlement of family
disputes done in accordance with customary practices shall be
recognized.cralaw:red
Sec.
5. Subject to the Constitution
and national policies, acquisition, disposition and encumbrance of
property
in accordance with customary laws of the place shall be recognized and
protected.cralaw:red
Sec.
6. Upon agreement of the parties,
peaceful settlement of disputes involving property rights and ownership
shall be governed by the customary laws of the place where the property
is located.cralaw:red
Sec.
7. The Cordillera Assembly shall
provide for a system of registration of births, marital status and
deaths
of members of the indigenous cultural communities, and the necessary
documentation
required therefor.cralaw:red
ARTICLE
XI
ANCESTRAL
DOMAIN AND ANCESTRAL LANDS
Sec.
1. The Regional Government shall
undertake measures to protect the ancestral domain and the ancestral
lands
of indigenous cultural communities.
Subject
to the Constitution and national policies, all lands and natural
resources
in the Autonomous Region that have been possessed or occupied by
indigenous
cultural communities since time immemorial, except when prevented by
war,
force majeure, or other forms of forcible usurpation, shall form part
of
the ancestral domain.
Sec.
2. Ancestral lands consist of
lands under communal or tribal ownership.chanrobles virtual law library
Communal
or tribal ownership is exercised by a group of people belonging to a
definite
indigenous cultural community, ili or village.cralaw:red
Lands
in the actual, open, notorious, and uninterrupted possession and
occupation
by an indigenous cultural community for at least thirty (30) years are
ancestral lands.cralaw:red
Sec.
3. The constructive or traditional
possession of lands and resources by an indigenous cultural community
may
also be recognized subject to confirmation by a competent tribunal, the
petition for which shall be instituted within a period of ten (10)
years
from the effectivity of this Act. The procedure for such confirmation
of
imperfect titles under existing laws shall, as far as practicable,
apply
to the confirmation of titles to ancestral lands.cralaw:red
The
foregoing provisions notwithstanding, titles secured under the Torrens
system, and rights already vested under the provisions of existing laws
shall be respected.cralaw:red
Sec.
4. Upon the identification and
demarcation of ancestral lands, including those within townsite
reservations
in the area of autonomy, the appropriate land agency of the Regional
government
shall issue titles over ancestral lands to communities or tribes.cralaw:red
Sec.
5. Subject to the Constitution
and national law, the Cordillera Assembly shall pass, within a period
of
ten (10) years from its organization, laws relating to customary tenure
of land and communal property including the rights and usages connected
thereto. Such legislation on ancestral domain and the lands therein
shall
embody the customs of the indigenous community and prescribe the extent
and the manner in which dispositions of lands may be made.cralaw:red
Sec.
6.The Regional Government shall require
corporations, companies and other entities within the ancestral domain
of the indigenous cultural communities whose operations adversely
affect
the ecological balance to take the necessary preventive measures and
safeguards
in order to maintain such a balance.cralaw:red
Sec.
7. Unless authorized by the Cordillera
Assembly, lands of the ancestral domain titled to or owned by an
indigenous
cultural community shall not be disposed of to non-members.cralaw:red
Sec.
8. No portion of the ancestral
domain shall be open to resettlement by non-members of the indigenous
cultural
communities.cralaw:red
Sec.
9. Nothing in this Act shall
authorize any person to enter or occupy by force or other unlawful
means,
any portion of the Autonomous Region under the guise that the same
forms
part of the ancestral domain.cralaw:red
Sec.
10. The ancient rice terraces
in the Cordilleras are hereby declared as national treasures and part
of
the national heritage of the cultural communities in the area as well
as
the Filipino people.cralaw:red
ARTICLE
XII
PATRIMONY,
ECONOMY AND DEVELOPMENT
Sec.
1. The Regional Government shall
initiate, stimulate, facilitate, support and catalyze development in
the
region.
Sec.
2. Development in the Autonomous
Region shall be people-oriented. Under the peculiar circumstances of
their
respective environments, the people of the Cordilleras shall be
empowered
through their government's programs to participate actively and
substantially
in their own development.
Sec.
3. The formulation and implementation
of development programs in the Cordilleras shall, among other things,
address
the following concerns:
(a) Delineation,
protection and development of watersheds, parks, and other reservations
that are declared by competent authorities as critical to the survival
of the Cordillera communities and declaration of such areas as
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 of the
Cordilleras;
(d) The
need for cooperative organizations and similar institutions as
instruments
for democratizing ownership and management of public utilities;
(e) Urban
land reform to minimize the problem of inadequate housing and
congestion
with its attendant social problems;
(f) Development
and use of appropriate technology based on indigenous conservation
practices;
and
(g) Diffusion
of the ownership of enterprises and the benefits of development.
Sec.
4. Except for strategic minerals
such as uranium and others as may be defined by national law, the
control
and supervision over the exploration, utilization and development of
the
natural resources of the Autonomous Region is hereby delegated to the
Regional
Government in accordance with the Constitution and national laws.chanrobles virtual law library
The
Cordillera Assembly shall have the authority to grant franchises and
concessions,
however, the Cordillera Governor may, by regional law, be authorized to
grant leases, permits and licenses: Provided, That any lease permit,
franchise
or concession shall cover an area not exceeding the limits allowed by
the
Constitution and shall subsist for a period not exceeding twenty-five
(25)
years: Provided, further, That existing leases, permits, licenses,
franchises
and concessions shall be respected until their expiration unless
legally
terminated as provided by law: and Provided, finally, That when the
natural
resources are located within the ancestral domain, the permit, license,
franchise or concession, shall be approved by the Cordillera Assembly
after
consultation with the cultural community concerned.
Sec.
5. Consistent with the Constitution,
national laws and national policies, the Autonomous Region may enact
laws
pertaining to the natural resources of the region. Such legislative
authority
may relate to mineral, energy and forestry resources management.chanrobles virtual law library
Nothing
herein, however, shall be construed as authorizing the Regional
Government
to require lesser standards concerning the protection, conservation,
enhancement,
fiscal and regulatory licensing of the natural resources than those
required
by the National Government.cralaw:red
Sec.
6. Subject to Section 5 hereof,
the Cordillera Assembly shall, as a matter of priority, regulate the
extraction
and processing of mineral and non-mineral resources in the region to
protect
the ecosystem, including setting limitations on open pit mining and
similar
methods.cralaw:red
Sec.
7. The exploration, development
and utilization of natural resources, except those enumerated in the
first
paragraph of Section 4 hereof, shall be allowed to all Filipinos and to
private enterprises, including corporations, associations, cooperatives
and such other similar collective organizations with at least sixty
percent
(60%) of their capital investment or capital stocks directly controlled
or owned by Filipinos who are preferably residents of the region.cralaw:red
Sec.
8. 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.cralaw:red
Sec.
9. The Regional Government shall
actively and immediately pursue reforestation measures to ensure that
at
least fifty percent (50%) of the land surface of the Autonomous Region
shall be covered with trees, giving priority to land strips along the
edges
of rivers and streams and shorelines of lakes. The Regional Government
shall adopt measures for the development of lands eighteen percent
(18%)
in slope or over by providing infrastructure, financial and technical
support
to upland communities especially the tribal peoples.cralaw:red
Sec.
10. There is hereby created a
Regional Planning and Development Board which shall be composed of the
Cordillera Governor as ex officio Chairman, all the provincial
governors
and city mayors or their representatives, two (2) Members of the
Cordillera
Assembly to be designated by the Speaker, and such other members to
represent
the private sector as may be prescribed by the Assembly.cralaw:red
The
Board shall serve as the planning, monitoring and coordinating agency
for
the Autonomous Region. It shall identify, evaluate, recommend and
submit
the annual work programs and comprehensive development plans to the
Cordillera
Governor for proper implementation.cralaw:red
Sec.
11. The Regional Government shall
establish and capitalize a Regional Development Bank which shall
administer
its own funds. The bank shall be under the supervision of the Central
Bank.cralaw:red
Sec.
12. 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 regionwide
telecommunications
system to enable all municipalities within the region to be equipped
with
telephone, telegraph or radio facilities.cralaw:red
Sec.
13. 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
and regional laws and policies to ensure the just utilization of land
within
their jurisdiction.cralaw:red
ARTICLE
XIII
FISCAL
AUTONOMY
Sec.
1. The Regional Government shall
have the power to create its own sources of revenues and to levy taxes,
fees and charges, subject to such guidelines and limitations as the
Constitution
and this Act may provide, consistent with the basic policy of local
autonomy.
Such taxes, fees and charges shall accrue exclusively to the Autonomous
Region.
Sec.
2. In enacting revenue-raising
measures, the Cordillera Assembly shall observe the principle of
uniformity
and equity in taxation and shall not impose confiscatory taxes or fees
of any kind. Income taxation, however, shall be solely the concern and
prerogative of the National Government.chanrobles virtual law library
The
Cordillera Assembly shall not revoke or amend, directly or indirectly,
any city or municipal ordinance imposing any tax or fee on purely local
business.chanrobles virtual law library
No
tax, impost or assessment shall be imposed or charged upon goods or
merchandise
coming into, going out of, or passing through the Autonomous Region to
other places of the Philippines, and vice versa.cralaw:red
Sec.
3. All corporations, partnerships,
and other business entities directly engaged in business in the
Autonomous
Region shall pay through the Regional Government that portion of their
annual income tax corresponding to the net income generated from
business
done in the area of autonomy.cralaw:red
All
corporations, partnerships or business entities directly engaged in
business
in the Autonomous Region shall pay their corresponding taxes, fees and
charges in the province, city, or municipality where the establishment
is doing business regardless of the location of their principal or main
offices.cralaw:red
Sec.
4. The sources of revenues of
the Autonomous Region shall include, but are not limited to, the
following:
(a) Taxes,
except income taxes, imposed by the Regional Government; (b) Fees
and charges imposed by the Regional Government; (c) Appropriations,
internal revenue allotment and other budgetary aids from the National
Government;
(d) Shares
in revenues generated from the operations of public utilities within
the
Autonomous Region; and
(e) Block
grants derived from economic agreements or conventions authorized by
the
Autonomous Region, donations, endowments, foreign assistance, and other
forms of aid, subject to the Constitution and national policies.
Sec.
5. The total collections of a
province or city from national internal revenue taxes, fees and charges
as well as taxes, fees and charges imposed on natural resources
accruing
as income to the National Government, shall be distributed as follows:chanroblesvirtualawlibrary
(a) Thirty
percent (30%) to the province or city; (b) Thirty
percent (30%) share to the Regional Government; and (c) Forty
percent (40%) to the National Government.chanrobles virtual law library
The
thirty percent (30%) share of the province shall be distributed equally
as follows: ten percent (10%) to the province, ten percent (10%) to the
municipality and ten percent (10%) to the barangay.chanrobles virtual law library
The
thirty percent (30%) share of the city shall be distributed as follows:
twenty percent (20%) to the city and ten percent (10%) to the
barangay.chanrobles virtual law library
The
province or city concerned shall automatically retain its share and
remit
the seventy percent (70%) to the Regional Government, which shall,
after
deducting its share, remit the balance to the National Government on a
monthly basis.chanrobles virtual law library
The
remittance procedure within the Autonomous Region shall be in
accordance
with the rules and regulations promulgated by the Regional Government,
and remittances to the National Government, by the rules and
regulations
promulgated by the Department of Finance.cralaw:red
Sec.
6. Subject to the Constitution
and national policies, the Regional Government shall evolve a system of
economic agreements or trade compacts to generate block grants for
regional
investments and improvements of regional economic structures. These
economic
agreements shall be authorized by regional legislation or by executive
agreement. Pursuant to specific recommendations from the Regional
Planning
and Development Board, the Regional Government shall assist local
government
units in their requirements for counterpart funds for foreign-assisted
projects.cralaw:red
Sec.
7. 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 the
taxable income of the donor or grantor.cralaw:red
Sec.
8. 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.cralaw:red
Sec.
9. 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.cralaw:red
ARTICLE
XIV
AGRICULTURE,
TRADE AND INDUSTRY, TOURISM, AND COOPERATIVES
Sec.
1. The Regional Government shall,
as a basic policy, promote agricultural 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 in areas where the
industry
is viable.chanrobles virtual law library
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.cralaw:red
Sec.
5. The Regional Government shall
encourage the establishment of small and medium-scale cottage
industries
using efficient and productive methods. It shall undertake measures to
provide for their protection and financing requirements.cralaw:red
Sec.
6. The Regional Government shall
provide for the proper utilization and disposal of industrial
waste.cralaw:red
Sec.
7. The Regional Government shall
adopt measures to prevent flight of capital from the region.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
Sec.
11. Consistent with the preservation
of cultural heritage and the protection of ecology, the Regional
Government
shall promote tourism within the region. The Cordillera Assembly shall
establish offices and facilities that shall implement tourism
concerns.cralaw:red
Sec.
12. The Regional Government shall
encourage, promote and support the establishment of economic zones,
industrial
centers, and development ports in strategic areas and growth centers in
the Autonomous Region, including the necessary infrastructures
therefor.cralaw:red
Sec.
13. The Regional Government shall,
subject to national policies and in coordination with the National
Government,
encourage and regulate foreign investments and the exportation of
indigenous
products, in accordance with its goals and priorities.cralaw:red
Sec.
14. The Regional Government shall
recognize cooperatives as tools for economic development, social
justice
and people empowerment. Accordingly, it shall provide regional tax
exemption
and shall extend the necessary support services to cooperatives:
Provided,
however, That the said cooperatives shall allocate at least ten percent
(10%) of their net income for community development projects.cralaw:red
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.cralaw:red
ARTICLE
XV
EDUCATION,
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:
(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) The
development of curricula relevant to the cultural heritage, and to the
economic, social, political, and moral needs of the people in the
Autonomous
Region, consistent with the national goals of education.chanrobles virtual law library
Sec.
2. Private educational institutions
shall enjoy the protection and support of the Regional Government.chanrobles virtual law library
Sec.
3. The Regional Government shall
establish a scholarship program for gifted or deserving youths.chanrobles virtual law library
Sec.
4. The right of teachers, employees,
students and parents to organize themselves and to participate in
school
policy-making shall be guaranteed.chanrobles virtual law library
Sec.
5. The level of compensation
and other benefits for teachers, non-teaching and other personnel of
the
educational system in the region shall at least be equal to the
national
standard.cralaw:red
Sec.
6. The advancement of scientific
research and appropriate technology shall be given priority in the
allocation
of funds.cralaw:red
Sec.
7. Incentives and safeguards,
including free patenting, shall be accorded Cordillera scientists and
inventors.cralaw:red
Sec.
8. 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.cralaw:red
Sec.
9. The Regional Government shall
take steps toward the development of a common regional language based
upon
the various languages and dialects in the region to enrich the national
language.cralaw:red
Sec.
10. The Regional Government shall
design and implement sports and physical education development programs
as a cooperative responsibility of the school, community and
government.cralaw:red
Sec.
11. 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 education shall be a member of the
governing
boards of state colleges and universities in the Autonomous
Region.cralaw:red
Sec.
12. The University of the Philippines-Baguio
shall continue to remain with the University of the Philippines
System.cralaw:red
ARTICLE
XVI
SOCIAL
JUSTICE AND WELFARE
Sec.
1. The Regional Government commits
itself to social justice and shall, among other things, adopt measures
to:
(a) Create
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.chanrobles virtual law library
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:
(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 enterprise to
reasonable
returns on investment; (c) Protection
of workers against unhealthy and dangerous working conditions; and
(d) Legislations
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 and of 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:
(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 to 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.chanrobles virtual law library
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.chanrobles virtual law library
Sec.
7. The Regional Government shall
adopt insurance and social security measures responsive to the needs of
the people to supplement existing privileges.chanrobles virtual law library
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
utilizing
indigenous materials, architecture and technology. Housing cooperatives
to administer the projects shall be encouraged.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
Sec.
12. The Cordillera Assembly may
create a Youth Commission, provide for its composition and
organization,
and define its powers and functions.cralaw:red
Sec.
13. For purposes of this Organic
Act, the youths are those who have not reached their twenty-first
(21st)
birthday.cralaw:red
Sec.
14. The Regional Government shall
promote and support duly established people's 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 with out abridging their right to effective
participation and representation.cralaw:red
ARTICLE
XVII
HUMAN
RIGHTS
Sec.
1. The Cordillera Assembly may
create the Cordillera Commission on Human Rights and define its powers
and functions, subject to the Constitution and national laws, and to
the
supervision of the National Commission on Human Rights.chanrobles virtual law library
ARTICLE
XVIII
PEACE
AND ORDER
Sec.
1. The Regional Government shall
give priority to the maintenance and preservation of peace and order
and
the protection of life, liberty and property in the Autonomous Region,
in consonance with the provisions of the Constitution.chanrobles virtual law library
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 all be inhabitants of the Autonomous Region, to be appointed
by the President of the Philippines upon recommendation of the
Cordillera
Governor.chanrobles virtual law library
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.cralaw:red
Sec.
5. The provisions of the preceding
sections notwithstanding, the Cordillera Governor may request the
President
of the Philippines to call upon the Armed Forces of the
Philippines:
(a) To
prevent or suppress lawless 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.chanrobles virtual law library
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.chanrobles virtual law library
ARTICLE
XIX
GENERAL
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.chanrobles virtual law library
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.chanrobles virtual law library
Sec.
3. The Congress, may, upon recommendation
of the Cordillera Assembly, adopt a new name for the Cordillera
Autonomous
Region.chanrobles virtual law library
Sec.
4. The Cordillera Assembly may
provide for just compensation for barangay or ili officials.cralaw:red
Sec.
5. The Cordillera Assembly shall
devise a system providing that salary rates of employees shall not be
lower
than the poverty line as determined by competent authority.cralaw:red
Sec.
6. The Regional Government shall
have a regional emblem and hymn.cralaw:red
Sec.
7. The Cordillera Assembly may
establish a Veterans, Retirees and Senior Citizens Affairs Office, and
provide for the composition, compensation, qualifications, term of
office,
functions, and manner of appointment of the members.cralaw:red
ARTICLE
XX
AMENDMENTS
OR REVISIONS
Sec.
1. Consistent with the provisions
of the Constitution, this Organic Act may be amended or revised by the
Congress of the Philippines, upon a majority vote of the House of
Representatives
and of the Senate voting separately.chanrobles virtual law library
Sec.
2. The Cordillera Assembly shall
have the power to initiate proposals for amendment to or revision of
this
Organic Act by a vote of three-fourths (3/4) of all its Members or it
may
call for a Regional Consultative Commission to propose the amendment or
revision. In any case, the amendment or revision shall require the
approval
of the Congress of the Philippines.chanrobles virtual law library
Sec.
3. Amendments to or revisions
of this Organic Act may, likewise, be directly proposed by the people
to
the Congress of the Philippines upon petition of at least twelve
percent
(12%) of the total number of the registered voters of the Autonomous
Region,
of which every province or city must be represented by at least three
percent
(3%) of the registered voters therein. No amendment or revision under
this
section shall be authorized within three (3) years following the
ratification
of this Organic Act or oftener than once every five (5) years
thereafter.chanrobles virtual law library
Sec.
4. 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 or later than ninety (90) days
after
the approval of such amendments or revisions.cralaw:red
ARTICLE
XXI
TRANSITORY
PROVISIONS
Sec.
1. The first regular election
for the Cordillera Governor, the Cordillera Deputy Governor and the
Members
of the Cordillera Assembly shall be held on the second Monday of
February,
1990. Their terms of office shall begin at noon on the thirty-first day
of March next following their election and shall end at noon of the
same
date three (3) years thereafter. The expenses for the conduct of the
election
shall be charged against the Contingent Fund; any deficiency shall be
taken
from the savings of the National Government.chanrobles virtual law library
Sec.
2. (A) For purposes of the first
election of representatives to the Cordillera Assembly under this
Organic
Act, each province and city shall be divided into four (4) regional
assembly
districts as follows:
(a) PROVINCE
OF BENGUET — First District: La Trinidad, Tublay and Sablan; Second
District:
Itogon, Bokod and Tuba; Third District: Kapangan, Atok, Kibungan and
Bakun;
Fourth District: Mankayan, Buguias and Kabayan (b) PROVINCE
OF IFUGAO — First District: Mayoyao, Aguinaldo and Alfonso Lista;
Second
District: Hungduan and Tinoc; Third District: Banaue, Hingyon and
Lagawe;
Fourth District: Kiangan and Lamut (c) PROVINCE
OF ABRA — First District: Bangued, Tayum, La Paz, Danglas and Lagayan;
Second District: Bucay, Peñarrubia, Manabo, Sallapadan, Bucloc,
Daguioman and Boliney; Third District: Pidigan, San Quintin, Langiden,
San Isidro, Villaviciosa, Pilar, Luba and Tubo; Fourth District: Tineg,
Malibcong, Lacub, Licuan-Baay, Lagangilang, Dolores and San Juan
(d) MOUNTAIN
PROVINCE — First District: Barlig, Natonin and Paracelis; Second
District:
Bontoc, Sadanga and Sagada; Third District: Bauko and Sabangan; Fourth
District: Besao and Tadian
(e) PROVINCE
OF KALINGA-APAYAO — First District: Balbalan, Lubuagan, Pasil, Pinukpuk
and Tinglayan; Second District: Tabuk, Tanudan and Rizal; Third
District:
Kabugao, Conner and Kalanasan; Fourth District: Flora, Luna, Pudlot and
Santa Marcela
(f) CITY
OF BAGUIO — First District: Pucsusan, Mines View, Gibraltar, St.
Joseph,
Pacdal, Cabinet Hill-Teachers Camp, Marcoville, Engineer's Hill, DPS
Compound,
Greenwater Village, Sta. Scholastica, Hillside, Upper Dagsian, Lower
Dagsian,
Gabriela Silang, Country Club, Outlook Drive, Lucnab, Lualhati, South
Drive,
Happy Hallow, Atok Trail, Kias, PMA-Fort Del Pilar, Loakan-Liwanag,
Loakan
Apugan, Loakan Proper, Scout Barrio, Camp 7, Camp 8, Poliwes and
Military
Cut-off; Second District: Burnham- Legarda, BGH Compound, Phil-Am,
Imelda,
Balsigan, Sto. Rosario, Ferdinand (Campo Sioco), City Camp Proper, City
Camp Central, Upper Q.M., Upper Rock Quarry, Emilio F. Aguinaldo, Lower
Rock Quarry, Middle Rock Quarry, Palma-Urbano, MRR-Queen of Peace,
Kayang
Extension, Harrison-Claudio, San Vicente, Bakakeng Norte, Bakakeng
Central,
Sto. Tomas Proper, Dontogan, Sto. Tomas School Area, SLU-SVP, Lourdes
Subdivision,
Lower Lourdes, Lourdes Subdivision Extension, Dominican-Mirador, San
Roque,
San Luis Village, Asin Road, Rizal Monument and AZCKO; Third District:
Fairview, Campo Filipino, Camp Allen, Upper City Market, Andres
Bonifacio,
P. Burgos, Cresencia Village, Central Guisad, Guisad Surong, Pinsao
Pilot
Project, Lower Magsaysay, Padre Zamora, Dizon Subdivision, Camdas,
Lower
Quirino Hill, Middle Quirino Hill, East Quirino Hill, West Quirino
Hill,
Pinget, Middle Quezon Hill, Quezon Hill Proper, Upper Quezon Hill,
Victoria
Village, Irisan, Pinsao Proper, Kayang-Hilltop and Upper Magsaysay;
Fourth
District: Slaughter Compound, Happy-Homes Lucban, South Central Aurora
Hill, North Central Aurora Hill, East Bayan Park, Bayan Park Village,
West
Bayan Park, San Antonio Village, Ambiong, Kabayanihan, Session Road,
Malcolm
Square, Lower General Luna, Salud Mitra, Upper General Luna, North
Sanitary
Camp, South Sanitary Camp, A. Tabora, Trancoville, New Lucban,
Magsaysay
Private Road, ABCR Barangay, T. Alonso, Kagitingan, Bagong Lipunan,
Brookspoint,
West Modern Site, East Modern Site, Aurora Hill Proper, Holy Ghost
Extension,
Brookside, Imelda Village, Holy Ghost-Honeymoon, Holy Ghost Proper, M.
Roxas and Lopez Jaena.
(B) Each
regional assembly district shall elect one (1) representative to the
Cordillera
Assembly. Thereafter, the Cordillera Assembly shall reapportion the
regional
assembly districts in each province or city, taking into account
population,
geography and ethnolinguistic characteristics, subject to the maximum
number
of Assemblymen provided for in Section 4, Article V of this Act.
Sec.
3. The Cordillera Executive Board,
the Cordillera Regional Assembly, as well as all offices and agencies
created
under Executive Order No. 220 shall cease to exist immediately upon the
ratification of this Organic Act.chanrobles virtual law library
All
funds, properties and assets of the Cordillera Executive Board and the
Cordillera Regional Assembly shall automatically be transferred to the
Cordillera Autonomous Government.chanrobles virtual law library
Sec.
4. Until otherwise decided by
regional law, the provisional seat of the Cordillera Autonomous
Government
shall be at the City of Baguio: Provided, That the Cordillera Assembly
shall hold its sessions at the Baguio Convention Center: Provided,
further,
That the Cordillera Governor and other executive officials shall, in
coordination
with the National Government hold office in any available national
executive
buildings within the City of Baguio.chanrobles virtual law library
Sec.
5. 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. Their current salaries and benefits shall not be diminished
nor be lower than that of their counterparts in the National
Government.cralaw:red
Sec.
6. Within one (1) month from
the organization of the Regional Government, an Oversight Committee
composed
of the Executive Secretary as chairman, the Secretary of Budget and
Management,
the Cordillera Governor, the Speaker of the Cordillera Assembly, two
(2)
Senators to be designated by the Senate President and two (2)
Representatives
to be designated by the Speaker of the House of Representatives, 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.cralaw:red
Within
six (6) months after its organization, the Oversight Committee shall
submit
its report and recommendations 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.cralaw:red
Sec.
7. Upon the organization of the
Autonomous Region, the line agencies and offices of the National
Government
dealing with local government, social welfare, science and technology,
labor, natural resources and tourism, including their personnel,
equipment,
properties and budgets, shall be immediately placed under the control
and
supervision of the Regional Government.cralaw:red
Other
National Government offices and agencies in the Autonomous Region which
are not excluded under item (i), Section 3(B), Article III, of this
Organic
Act, together with their personnel, equipment, properties and budgets,
shall be placed under the control and supervision of the Regional
Government
pursuant to a schedule prescribed by the Oversight Committee mentioned
in Section 6 of this Article: Provided, That the transfer of these
offices
and agencies and their personnel, equipment, properties and budgets
shall
be accomplished within six (6) years from the organization of the
Regional
Government.cralaw:red
The
National Government shall continue such levels of expenditures as may
be
necessary to carry out the functions devolved under this Act: Provided,
however, That the annual budgetary support shall, as soon as
practicable,
terminate as to the line agencies or offices devolved to the Regional
Government.cralaw:red
Sec.
8. Notwithstanding the provisions
of the preceding sections, the Government Service Insurance System, the
Social Security System, the Pagtutulungan-Ikaw, Bangko, Industriya't
Gobyerno
(PAG-IBIG) and other funds of similar trust or fiduciary nature shall
be
exempt from the coverage of this Organic Act.cralaw:red
Sec.
9. The National Government shall,
in addition to its annual allotments to the Autonomous Region, provide
the Regional Government One billion five hundred million pesos
(P1,500,000,000.00)
as annual assistance for five (5) years, to fund infrastructure
projects
duly identified, endorsed and approved by the Regional Planning and
Development
Board herein created: Provided, however, That the annual assistance
herein
mentioned shall be appropriated and disbursed through a Public Works
Act
duly enacted by the Cordillera Assembly: Provided, further, That this
annual
assistance may be adjusted proportionately in accordance with the
number
of provinces and cities joining the Autonomous Region: and Provided,
finally,
That the national programs and projects in the Autonomous Region shall
continue to be financed out of national funds.cralaw:red
Sec.
10. All commercial logging operations
in the region are hereby suspended for twenty-five (25) years after the
effectivity of this Organic Act: Provided, however, That no new
permits,
licenses or concessions of whatever kind for whatever purpose, whether
regular or special, temporary or permanent, shall be issued within such
period.cralaw:red
Sec.
11. The Presidential Agrarian
Reform Council (PARC) may suspend the implementation of the
Comprehensive
Agrarian Reform Law (CARL) with respect to ancestral lands in the
Cordilleras
for the purpose of identifying and delineating such lands: Provided,
That
in the Cordillera Autonomous Region, the Cordillera Assembly may enact
its own law on ancestral domain subject to the provisions of the
Constitution
and the principles enunciated in this Act and other national laws.
Sec.
12. (A) Within one (1) year from
its organization, the Cordillera Assembly shall create a Cordillera
Commission
on Customary Laws which shall have the following functions:
(a)Assist
the Cordillera Assembly in the codification of indigenous laws on
personal,
family, tribal and property relations, ancestral lands, land use and
land
tenure; (b) Identify,
classify, and demarcate ancestral lands owned by specific indigenous
communities,
families or clans; and (c) Perform
such other functions as may be provided by regional law.chanrobles virtual law library
(B)The
Cordillera Commission on Customary Laws shall, within five (5) years
from
its establishment, submit its final report to the Cordillera Assembly
which
shall enact a law to be known as the Cordillera Code of Customary
Laws.chanrobles virtual law library
(C) The
composition, qualifications, manner of appointment, compensation and
term
of office of the members of the Commission shall be determined by
regional
law.chanrobles virtual law library
Sec.
13. (A) The creation of the Cordillera
Autonomous Region shall take effect when approved by a majority of the
votes cast by the constituent units provided in Section 2(B), Article I
of this Act in a plebiscite which shall be held not earlier than sixty
(60) days or 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 Cordillera Autonomous
Region.
The provinces and city which do not vote for inclusion in the
Autonomous
Region shall remain in the existing administrative regions: Provided,
however,
That the President may, by administrative determination, merge existing
regions.chanrobles virtual law library
(B) The
sum of Twenty-five million pesos (P25,000,000.00) is hereby
appropriated
as follows:
(a) Five
million pesos (P5,000,000.00) to be allotted to the Commission on
Elections
(COMELEC) for the conduct of an information campaign on this Organic
Act; (b) Ten
million pesos (P10,000,000.00) to be allotted to the COMELEC for the
holding
of the plebiscite as provided herein; and (c) Ten
million pesos (P10,000,000.00) to be allotted to the Regional
Government
for its initial organizational requirements.chanrobles virtual law library
The
amount of Twenty-five million pesos (P25,000,000.00) as herein
appropriated
shall be charged against the Contingent Fund; any deficiency thereof
shall
be taken from the savings of the National Government.chanrobles virtual law library
(C) The
COMELEC shall determine the manner of campaigning and the deputization
of government agencies and nongovernment organizations for purposes of
conducting an impartial information campaign and the requisite
plebiscite.chanrobles virtual law library
Sec.
14. Any provision or part of
this Organic Act found to be invalid or unconstitutional shall not
invalidate
the provisions or parts thereof not affected thereby.chanrobles virtual law library
Sec.
15. All laws inconsistent with
this Organic Act are hereby repealed or modified accordingly.
ARTICLE
XXII
EFFECTIVITY
Sec.
1. This Act shall take effect
after fifteen (15) days following its complete publication in at least
two (2) national newspapers and one (1) local newspaper of general
circulation
in the Autonomous Region.
Approved:
October 23, 1989
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