RA BILL NO. 72
Republic of the Philippines Autonomous Region in Muslim Mindanao
REGIONAL ASSEMBLY
Cotabato City
SIXTH LEGISLATIVE ASSEMBLY
(Third Regular Session)
[MUSLIM MINDANAO AUTONOMY ACT NO. 287]
Begun and held in Cotabato City, on Monday, the twenty-sixth day of October, Two Thousand and Eight.
AN ACT PROVIDING FOR THE ADMINISTRATIVE CODE OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO
Be it enacted by the Regional Assembly in session assembled:
INTRODUCTORY PROVISIONS
SECTION 1. Title. - This Act shall be known as the "Administrative Code of the Autonomous Region in Muslim Mindanao."
SEC. 2. Purpose. – This Code is promulgated to prescribe the structural, functional and procedural principles and rules of governance of the Autonomous Region in Muslim Mindanao.
SEC. 3. Declaration of Policy. – The ARMM Regional Government hereby declares the following policies as the basic foundation of the Code:
people from poverty through policies that provide adequate social services, promote full employment, uplift standard of living, and an improved quality of life for all;
SEC. 4. Definition of Terms. – The words in this Code are defined as follows:
BOOK I
REGIONAL AUTONOMY AND ADMINISTRATION
Chapter 1
The Autonomous Region in Muslim Mindanao
SECTION 1. Regional Territory and Political Subdivisions. - The Autonomous Region comprises the island provinces of Basilan, Sulu and Tawi-Tawi and the mainland Provinces of Maguindanao, and Lanao del Sur, and city of Marawi in the Island of Mindanao, and such other province/s, city/ies, municipality/ies, and barangay/s which may be created and which may, thereafter vote for inclusion in the ARMM through a plebiscite called for that purpose in accordance with Section 18, Article X of the Constitution, including its terrestrial, fluvial, and aerial domains, and its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. Waters around, between and connecting the provinces and city/ies of the Autonomous Region form part of the internal waters of the Autonomous Region. It shall remain
as integral part of the national territory of the Republic of the Philippines as defined by the Constitution and existing laws.
SEC. 2. People of the Autonomous Region. - The people of the Autonomous Region are the Bangsamoro people in the autonomous region who are Muslims and Non-Muslim Indigenous People who originally inhabited the area comprising the Autonomous Region in Muslim Mindanao in pre-colonial period including their descendants, and those who settled in the region in post-colonial period including their descendants and who are composed of: Maguindanaon, Maranao, Iranun, Tausog, Bangingi, Laminusa, Sama, Samal, Badjao, Yakan,
Teduray, B‟laan, Manobo, and other native tribes including settlers who have acquired
permanent residence within the territory of ARMM.
Chapter 2
Regional Symbols and Official Language
SEC. 3. The Official Seal of the Autonomous Region. - The Official Seal of the Autonomous Region is defined by Regional Act No.1 as amended by Muslim Mindanao Autonomy (MMA) Act No. 127. The Official Seal shall be affixed to or placed upon all communications signed by the Regional Governor and upon such other official documents and papers of the Autonomous Region in Muslim Mindanao as may be required by custom and usage. The Office of the Regional Governor shall have custody of the Official Seal.
SEC. 4. The Regional Emblem. - The Emblem of the Autonomous Region shall be in accordance with the MMA Act No. 12 providing for the official emblem of the region. The custody, ceremonial use, occasion and manner of display, and the proper care and disposition of the emblem shall be governed by appropriate rules and regulations.
SEC. 5. The Philippine Flag and the Regional Emblem. - The regional emblem as provided for by MMA Act No. 12 shall be raised and displayed along with the Philippine flag in all government offices and institutions in the region in two (2) separate and adjacent flag poles.
SEC. 6. The ARMM Hymn. - There shall be a group created to conduct research and compose the ARMM hymn. The Regional Governor shall approve the proposed hymn.
The ARMM Hymn shall be sung after the Philippine National Anthem during the opening and closing of all official activities such as: (1) flag ceremonies, (2) trainings, (3) conferences, (4) workshops, (5) meetings, (6) school classes, (7) celebrations or gatherings, and
SEC. 7. Seals and Banners of Government Offices. - All departments, offices and institutions of the regional government shall adopt appropriate official seals and banners.
SEC. 8. Official Languages. - Until otherwise provided by law, Filipino, English, and Arabic shall be the official languages. Local languages may be evolved into an auxiliary official language.
Chapter 3
Operations and Effects of Laws
SEC. 9. Effectivity of Executive Issuances. – Executive Issuances shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of regional circulation, unless otherwise provided.
SEC. 10. Prospectivity of Executive Issuances. - Executive Issuances shall have prospective effect when beneficial to parties affected unless otherwise provided.
SEC. 11. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or an administrative issuance promulgated in all the official languages, the language used in the original text shall control, unless otherwise specifically provided. Only in the event of ambiguity, omission or mistake, may the other texts be consulted.
Chapter 4
Regular Holidays and Special Holidays
SEC. 12. Observance of Regular and Special Holidays. - Regular holidays and special holidays provided for by laws and issuances of the National Government shall be observed in the Autonomous Region in Muslim Mindanao.
SEC. 13. ARMM Holidays. - The ARMM holidays shall be in accordance with MMA Act No. 17 otherwise known as "ARMM Holiday Law" of 1992 and such other holidays promulgated by the Regional Assembly and/or by the Regional Governor. The Regional Governor may proclaim any local special holiday for a particular date and place in accordance with existing laws and issuances.
SEC. 14. Pretermission of Holiday. - Where the day, or the last day, for doing any act required or permitted by law falls on a regular holiday or special day, the act may be done on the next succeeding business day.
SEC. 15. Official Gazette. – There shall be an official gazette of the Regional Government which will publish all legislative acts and resolutions of a public nature, all executive and administrative issuances of general application, decisions or abstracts of decisions of the Shari‟ah Courts of sufficient importance to be published, documents or classes of documents as maybe required to be published by law and such documents or classes of documents of general application.
The official gazette shall be published by the Bureau of Public Information (BPI) monthly in the English language and whenever practicable in Filipino and Arabic. It shall be made available to all national and local agencies upon subscription. The Regional Library shall serve as the official custodian and repository thereof.
Chapter 5
Legal Weights Measures and Period
SEC. 16. Official Use of Metric System. - The metric system of weights and measures shall be used in the Autonomous Region for all products, articles, goods, commodities, materials, merchandise, utilities, services, as well as for commercial transactions like contracts, agreements, deeds and other legal instruments publicly and officially attested, and for all official documents. Only weights and measures of the metric system shall be officially sealed and licensed.
SEC. 17. Legal Periods. - "Year" shall be understood to be twelve calendar months; "month" of thirty days, unless it refers to a specific Gregorian calendar month in which case it shall be computed according to the number of days the specific month contains; "day," to a day of twenty-four hours; and "night," from sunset to sunrise.
Chapter 6
General Principles Governing Public Officers
SEC. 18. Nature of Public Office. - Public office is a sacred public trust. Public officers and employees must at all times be accountable to God and to the people, serve as "khalifa", with the utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives.
SEC. 19. Declaration of Assets, Liabilities and Networth. - A Public officer or employee shall upon assumption to office and as often thereafter as maybe required by law, submits a declaration under oath of his/her assets, liabilities and networth.
SEC. 20. Ethics in Government. - All public officers and employees shall be guided by the core values of Islamic development such as: predictability, stewardship, transparency, honesty, integrity, and consensus-building in the performance of their duties and functions.
SEC. 21. Dress Code. – The dress code for all Muslim officials and employees shall, as much as possible, conform to Islamic standards and traditions, and those for non-Muslims shall conform to existing Civil Service dress code.
SEC. 22. Inhibition Against Purchase of Property on Tax Sale. - No officer or employee of the government shall purchase directly or indirectly any property sold by the government for the non-payment of any tax, fee or other public charge. Any such purchase by an officer or employee shall be void.
SEC. 23. Powers Incidental to Taking of Testimony. - When authority to take testimony or receive evidence is conferred upon any administrative officer or any non-judicial person, committee, or other body, such authority shall include the power to administer oaths, summon witnesses, and require the production of documents by a subpoena duces tecum.
SEC. 24. Liability of Superior Officers. - (1) A public officer shall not be civilly liable for acts done in the performance of his/her official duties, unless there is a clear showing of bad faith, malice or gross negligence.
SEC. 25. Liability of Subordinate Officers. - No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his/her duties. However, he/she shall be liable for willful or negligent acts done by him/her which are contrary to law, morals, public policy and good customs even if he acted under orders or instructions of his/her superiors.
Chapter 7 Official Oaths
SEC. 26. Oaths of Office for Public Officers and Employees. - All public officers and employees of the government before entering upon the discharge of their duties, shall take an oath to uphold and defend the Constitution and the Organic Act; that he or she will bear true faith and allegiance to it; obey the laws, legal orders and decrees promulgated by the duly constituted authorities; will well and faithfully discharge to the best of his/her ability the duties of the office or position upon which he or she is about to enter; and that he voluntarily assumes the obligation imposed by his oath of office, without mental reservation or purpose of evasion. Copies of the oath shall be deposited with the Civil Service Commission and the human resource department of the concerned agency.
SEC. 27. Officers Authorized to Administer Oath. - (1) The following officers have general authority to administer oath: Regional Governor, Notaries public, members of the judiciary, clerks of courts, members of the Regional Assembly and the Secretary-General, heads of departments and regional offices and Chief Executives of local government units;
(2) Oaths may also be administered by any officer whose duties, as defined by law or regulation, require presentation to him/her of any statement under oath.
SEC. 28. Duty to Administer Oath. - Officers authorized to administer oaths, with the exception of notaries public, municipal and district judges, and clerks of court, are not obliged to administer oaths or execute certificates save in matters of official business; and with the exception of notaries public, the officer performing the service in those matters shall charge no fee, unless specifically authorized by law.
Chapter 8 Reports
SEC. 29. Annual and Special Reports. - The heads of the departments and agencies or instrumentalities of the Regional Government shall prepare and submit annual reports to the Regional Governor who shall furnish a consolidated report to the Regional Assembly on or
before the first day of March of each year. The contents of the annual reports shall be prescribed by law or, in the absence thereof, by executive order.
SEC. 30. Depository of Reports. - Official copies of annual reports shall be deposited with the Regional Library and shall be accessible to the public.
Chapter 9
Public Contracts and Conveyances
SEC. 31. Contracts and Conveyances. - Contracts or conveyances may be executed for and in behalf of the Government or of any of its branches, subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations, whenever demanded by the exigency or exigencies of the service and as long as the same are not contrary to law.
SEC. 32. Officials Authorized to Convey Real Property. - Whenever real property of the Government is authorized by law to be conveyed, the deed of conveyance shall be executed in behalf of the government by the following:
SEC. 33. Authority to Convey Other Property. - Whenever a property other than real is authorized to be conveyed, the contract or deed shall be executed in accordance with law by the head of the agency. Where the operations of the agency regularly involve the sale or other disposition of personal properties, the deed shall be executed by any officer or employee expressly authorized for that purpose.
SEC. 34. Execution of Contracts. - (1) Contracts in behalf of the Regional Government shall be executed by the Regional Governor unless authority therefor is expressly vested by law or by him in any other public officer.
BOOK II
POWERS OF REGIONAL GOVERNMENT
TITLE I LEGISLATIVE BRANCH
Chapter I Legislative Power
Section 1. Legislative Power. - The legislative power of the autonomous government is vested in the Regional Assembly except to the extent that it is reserved to the people by provisions on initiative and referendum as provided by law.
SEC. 2. Scope of Regional Assembly Legislative Power. - The Regional Assembly may exercise legislative power in the autonomous region for the welfare of the people, and for the attainment of human security in the region.
SEC. 3. Limitations on the Assembly Legislative Power. - The Regional Assembly, unless the general welfare of the people of the autonomous region so requires, cannot exercise legislative power on the following matters:
SEC. 4. Composition of the Regional Assembly. - The Regional Assembly shall be composed of members elected by popular vote, with three (3) members elected from each of the legislative districts. There shall also be sectoral representatives in the Regional Assembly whose number shall not exceed fifteen percent (15%) of the total number of elected members of the Regional Assembly coming from the agricultural, labor, urban poor, differently able, indigenous cultural communities, youth, and women sectors.
SEC. 5. Inhibitions against Members of the Regional Assembly.
SEC. 6. Legislative Inquiries. - The Regional Assembly or any of its committees may conduct inquiries or public consultations in aid of legislation in accordance with its rules.
SEC. 7. Power to Propose Amendments to the Organic Act. - The Organic Act may be amended or revised by the Congress of the Philippines upon a vote of two thirds (2/3) of the Members of the House of Representatives and of the Senate voting separately.
SEC. 8. Validity of Amendments to the Organic Act. - Any amendment to or revision of the Organic Act shall become effective only when approved by majority of the votes cast in the 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 amendment or revision.
SEC. 9. Expansion of the Area of Autonomy. – The Regional Assembly shall have the power to initiate proposals for the enactment of a law that shall provide that cluster of contiguous-Muslim-dominated municipalities voting in favor of autonomy be merged and constituted into a new province(s) which shall become part of the Autonomous Region, upon approval by Congress of the Philippines, in accordance with Section 1, Article 2 of Republic Act 9054.
TITLE II EXECUTIVE BRANCH
Chapter 1 Executive Power
SECTION 1. Executive Power. - The executive power shall be vested in the Regional Governor.
SEC. 2. The Regional Vice Governor. - The Regional Vice-Governor may be appointed by the Regional Governor as a member of the regional cabinet without need of confirmation by the Regional Assembly.
SEC. 3. Election of the Governor and Vice Governor. - The Regional Governor and the Regional Vice-Governor shall be elected as a team, by the qualified voters of the autonomous region. A vote for a candidate for Regional Governor shall be counted as a vote for his teammate for Regional Vice-Governor. A vote for a Regional Vice-Governor shall be counted as a vote for his teammate for Regional Governor. For purposes of their election, the candidates for Regional Governor and Regional Vice-Governor shall belong to the same political party or coalition of parties.
SEC. 4. Removal of Regional Governor or Regional Vice-Governor. – The Regional Governor or the Regional Vice-Governor shall be removed from office for culpable violation of the Constitution or the Organic Act, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust by a three-fourths (3/4) vote of all members of the Regional Assembly.
The proceeding of the Regional Assembly for the removal of the Regional Governor or Regional Vice Governor shall be presided over by the Presiding Justice of the Court of Appeals. The Regional Assembly may initiate moves for the removal of the Regional Vice Governor under this Section by a majority vote of all its members. The Regional Assembly shall promulgate the necessary rules to carry out the purpose of this Section.
The Regional Governor may also be suspended or removed by the President for culpable violation of the constitution, treason, bribery, graft and corruption, and other high crimes.
Notwithstanding the provisions of the immediately preceding paragraphs, the Regional Governor or the Regional Vice Governor may be charged criminally for any offense before the proper regional trial court. The said court may order his or her preventive suspension from office for not more than two (2) months pending the termination of the criminal case or cases. The court may also order the removal of the Regional Governor or the Regional Vice Governor from office as a part of its decision of conviction.
SEC. 5. Vacancy in the Office of the Regional Governor. - In case of death, permanent disability, removal from office, or resignation of the Regional Governor, the Regional Vice- Governor shall become the Regional Governor who shall serve for the unexpired term of the former. In case of death, permanent disability, removal from office, or the resignation of both the Regional Governor and the Regional Vice-Governor, the Speaker of the Regional Assembly shall act as the Regional Governor until the Regional Governor and the Regional Vice-Governor are elected and qualified in a special election called for the purpose.
Upon his/her assumption as acting Regional Governor, the Speaker of the Regional Assembly shall temporarily vacate his/her position as such and an interim speaker shall be elected. Upon the election and assumption of office of a new Regional Governor, the Speaker shall reassume his/her office. No special election shall be called to fill a vacancy occurring within one (1) year immediately preceding the next regular election. In case of temporary incapacity of the Regional Governor to perform his duties on account of physical or legal causes, or when he/she is on official leave of absence or on travel outside the territorial jurisdiction of the Republic of the Philippines, the Regional Vice-Governor, or if there be none or in case of his permanent or temporary incapacity or refusal to assume office, the Speaker of the Regional Assembly shall exercise the powers, duties and functions of the Regional Governor as prescribed by law enacted by the Regional Assembly.
In case of vacancy of the position of Regional Governor due to above-mentioned situations, the Acting Regional Governor shall be allowed to appoint heads of department, agencies and offices only after 100 calendar days from the date of assumption into office to pave way to smooth transition in each department or office. The highest career official in the department/ agency or office shall act as the head of such department/ agency or office. Where there are two (2) or more career officials of the same rank, the most senior official based on length of service in such position shall automatically act as the Officer-in-Charge (OIC).
SEC. 6. Prohibitions against Executive Officials. - The Regional Governor, the Regional Vice-Governor, the members of the cabinet or their deputies shall not hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise or special privilege granted by the government or any subdivision, agency, or instrumentality thereof, including government-owned-or-controlled corporations or subsidiaries. They shall strictly avoid conflicts of interest in the conduct of their office.
The spouses and relatives by consanguinity or affinity within the fourth civil degree of the Regional Governor, the Regional Vice Governor, the members of the cabinet, or their deputies shall not, during their tenure, be appointed or designated members of the regional cabinet, chairpersons or commissioners of regional commissions or heads of bureaus or offices, including government-owned-or-controlled corporations and their subsidiaries located in the autonomous region.
TITLE III JUDICIARY BRANCH
Chapter 1 Judicial Power
SECTION 1. Judicial Power. - Judicial power is vested in the Supreme Court and in such lower courts as may be established by law including the Shari’ah and Tribal Courts.
SEC. 2. Shari’ah Courts Under Laws of the National Government. - The Shari‟ah district courts and the Shari‟ah circuit courts created under existing laws shall continue to function as provided therein.
SEC. 3. Shari’ah Legal System. - The Regional Assembly, may enact measures, modify the Shari‟ah legal system, which shall be applicable in the region, only to Muslims or those who profess the Islamic faith.
SEC. 4. Shari’ah Courts. - The Regional Assembly of the autonomous region shall provide for the establishment of Shari‟ah courts.
SEC. 5. Shari’ah Courts Jurisdiction. - The Shari‟ah courts shall have jurisdiction over cases involving personal, family and property relations, and commercial transactions, in addition to their jurisdiction over criminal cases involving Muslims. The Regional Assembly shall, in consultation with the Supreme Court, determine the number and specify the jurisdiction of these
courts.
SEC. 6. Shari’ah Appellate Court. - The Shari‟ah Appellate Court shall have the following powers:
SEC. 7. Shari’ah Appellate Court Composition. - The Shari‟ah Appellate Court shall be composed of one (1) presiding justice and two (2) associate justices. Any vacancy shall be filled within ninety (90) days from the occurrence thereof.
SEC. 8. Shari’ah Appellate Court Justices Qualifications and Appointments. - The Justices of the Shari‟ah Appellate Court shall posses the same qualifications as those of the Justices of the Court of Appeals and, in addition, shall be learned in Islamic law and jurisprudence. The members of the Shari‟ah Appellate Court shall be appointed by the President of the Philippines from a list of at least three (3) nominees prepared by the Judicial and Bar
Council. The nominees shall be chosen from a list of recommendees submitted by the Regional Assembly. Such appointments need no confirmation.
SEC. 9. Shari’ah Appellate Court Administrator and Clerk of Court. - The Supreme Court shall, upon recommendation of the Presiding Justice of the Shari‟ah Appellate Court, appoint the court administrator and the clerk of court of the Appellate Court. Such other personnel as may be necessary for the Shari‟ah Appellate Court shall be appointed by the Presiding Justice of the said court.
SEC. 10. Shari’ah Personnel Qualifications, Appointments, and Other Matters. - The pertinent provisions of existing law regarding the qualifications, appointments, compensations, functions, duties, and other matters relative to the personnel of the Court of Appeals shall apply to those of the Shari‟ah Appellate Court.
SEC. 11. Shari’ah Appellate Court Decisions. – The decisions of Shari‟ah Appellate Court shall be final and executory. Nothing herein contained shall, however, affect the original and appellate jurisdiction of the Supreme Court, as provided in the Constitution.
SEC. 12. The Deputy Court Administrator. - The Deputy Court Administrator for the autonomous region shall be appointed by the Chief Justice of the Supreme Court from among the three (3) recommendees submitted by the Regional Governor.
SEC. 13. Bases for Interpretation of Shari’ah (Law). - The Shari‟ah courts shall interpret Islamic law based on the following sources and order:
SEC. 14. Shari’ah Public Assistance Office. - The Shari‟ah Public Assistance Office shall be staffed by a Director and two (2) lawyers who are Members of the Philippine Shari‟ah Bar. They may be assisted by such personnel as may be determined by the Regional Assembly.
SEC. 15. System of Tribal Courts. - The system of tribal courts, include the Tribal Appellate Court, for the indigenous cultural communities in the autonomous region.
SEC. 16. Customary Laws. - The Regional Assembly shall provide for the codification of indigenous laws and compilation of customary laws of the Muslims and the indigenous cultural communities in the autonomous region.
SEC. 17. Application and Interpretation of Laws. – The provisions of the Muslim code and the tribal code shall be applicable only to Muslims and other members of indigenous cultural communities respectively and nothing herein shall be construed to operate to the prejudice of the non-Muslims and non- members of indigenous cultural communities.
before the proper Shari‟ah or tribal court in the autonomous region. The procedure
for this recourse to the Shari‟ah or tribal court shall be prescribed by the Supreme
Court.
TITLE IV
REGIONAL COMMISSIONS AND OTHER BODIES
Chapter 1
Civil Service Commission
SECTION 1. Civil Service Commission. - The Autonomous Regional Government shall enact its own Civil Service Law and thereby create its Civil Service Commission/Office in ARMM consistent with Article IX (B) of the Constitution and the Organic Act.
The Regional Civil Service Law shall govern the conduct of the ARMM civil servants, the qualifications for non-elective positions, and the protection of Civil Service eligibles in various government positions in the Autonomous Region.
Chapter 2
Human Rights Commission of the ARMM
SEC. 2. Regional Human Rights Commission. - The Regional Human Rights Commission shall perform within the autonomous region the functions of the Commission on Human Rights of the central government as provided under Section 16, Article III of Republic Act 9054.
SEC. 3. Appointment of the Commissioners. - The Chairman and two (2) Commissioners of the Commission shall be appointed by the President upon recommendation of the Regional Governor in consultation with the Regional Assembly.
SEC. 4. Composition of the Commission. - The composition of the Commission shall reflect the ethnic distribution of the population of the autonomous region.
SEC. 5. Qualification of Commissioners. - The Chairman shall be a lawyer and a resident of the autonomous region. The two Commissioners shall, preferably, be lawyers or, at least, holders of bachelor degrees from colleges or universities recognized by the Commission on Higher Education.
SEC. 6. Salaries and Other Benefits. – The salaries, perquisites, and privileges of the Chairman and the Commissioners of the Commission shall not be lower than those fixed for the Chairman and members of the National Labor Relations Commission. The Regional Assembly may raise such salaries and privileges of the Chairman and the Commissioners subject to
availability of funds.
SEC. 7. Additional Functions. - The Commission may perform additional functions and adopt measures to enhance and protect the human rights of all the people in the autonomous region.
Chapter 3
ARMM Economic and Development Planning Board and its Secretariat
SEC. 8. Regional Economic and Development Planning Board. - The Board shall be chaired by the Regional Governor. The Members of the Board shall be composed of all the provincial governors and the city mayors of the provinces and cities within the autonomous region; the Speaker, and two (2) Members of the Regional Assembly appointed by the Speaker, one (1) of whom shall be nominated by the minority party; and five (5) representatives elected by the private sector as prescribed by the Regional Assembly.
The Regional Governor may, however, revise the membership of the Board whenever the same is deemed necessary for the effective performance of the Board‟s functions through an administrative or memorandum order.
SEC. 9. Powers and Functions of the Board. – The following are the powers and functions of the Board:
SEC. 10. Board Technical Secretariat. - The Regional Planning and Development Office (RPDO) serves as the Technical Secretariat of the Board.
TITLE V
PUBLIC ORDER AND SECURITY
Chapter 1
Philippine National Police Regional Command for the ARMM Otherwise known as Special Regional Security Force (SRSF)
SECTION 1. The Philippine National Police Force in the Autonomous Region in Muslim Mindanao. - The PNP Regional Command for the autonomous region hereinafter called the Special Regional Security Force (SRSF) shall be charged with the preservation of peace, the maintenance of law and order, and the protection of life, liberty, and property in the autonomous region in consonance with the Constitution and pertinent legislation:
SEC. 2. Regional Police Framework and Organization. - The philosophical framework and structural organization of the Special Regional Security Force shall be as follows:
SEC. 3. Power of Regional Governor Over Special Regional Security Force. - The Regional Governor shall have the following powers over the Special Regional Security Force:
SEC. 4. Regional Police Directors. - The selection, assignment, and appointment of the Provincial and City Directors of the Special Regional Security Force shall be done pursuant to Republic Act No. 6975, the Philippine National Police Law and Republic Act No. 8551, the Philippine National Police Reform and Reorganization Act of 1998.
SEC. 5. Law Governing Regional Police Force. - The Regional Assembly shall enact laws to govern the Special Regional Security Force consistent with the pertinent provisions of the Constitution and the Organic Act.
SEC. 6. Regional Police Commission. - The Regional Police Commission shall perform the functions of the National Police Commission in the autonomous region.
Chapter 2
Regional Defense and Security
SEC. 7. The Regional Command of the Armed Forces of the Philippines for the Autonomous Region. - The Regional Command of the Armed Forces of the Philippines for the autonomous region shall be organized, maintained and utilized in accordance with national laws. Qualified inhabitants of the autonomous region shall be given preference for assignments in the said regional command:
(2) The President may on his own accord send the Armed Forces of the Philippines into the autonomous region to attain the above objectives if the Regional Governor does not act within fifteen (15) days after the occurrence of the events mentioned above that need to be suppressed or prevented.
Chapter 3
ARMM Peace and Order Council
SEC. 8. Regional Peace and Order Council (RPOC). – The Regional Peace and Order Council shall be composed of a Chairperson, Vice Chairperson, Co-Vice Chairperson and the regional counterparts of the departments, offices and agencies represented at the National level.
The Chairperson shall be the Regional Governor and the Vice Chairperson shall be the Regional Secretary of the Department of the Interior and Local Government and the Co-Vice
Chairperson shall be the Regional Director of the Philippine National Police while the members shall be the Chairpersons of the Regional Assembly Committees on Local Governments and Public Order and Security, Regional Secretaries and the heads of offices and bureaus as may be designated by the Regional Governor, subject to existing laws.
SEC. 9. Duties and Functions. – Peace and Order Council shall have the following duties and functions:
The Chairman of the respective Provincial, City/Municipal Peace and Order Councils shall be responsible for the proper management and supervision of their respective Civilian Volunteers (Bantay-Bayan) in coordination with other concerned government entities.
SEC. 10. Organizational Relationship. – Lower level Peace and Order Council shall be under the functional supervision of the next higher Peace and Order Council.
Chapter 4
ARMM Regional Disaster Risk Reduction and Management Council (RDRRMC)
SEC. 11. The ARMM Regional Disaster Risk Reduction and Management Council (RDRRMC) – The ARMM Regional Disaster Risk Reduction and Management Council shall be Chaired by the Regional Governor with the Regional Secretary of DOST as Vice-Chair for
Disaster Mitigation and Prevention, the Regional Secretary of DILG as Vice-Chair for Disaster Preparedness, the Regional Secretary of DSWD as Vice-Chair for Disaster Response, and the Executive Director of the Regional Planning and Development Office (RPDO) as Vice-Chair for Disaster Recovery and Rehabilitation; the Executive Secretary, the Commanders of EASMINCOM (AFP) and WESMINCOM (AFP) or respective Designates, the Regional Secretaries of DOH, DPWH, DENR, DepEd, DOTC, Department of Agriculture and Fisheries (DAF), DAR, DOT, DTI and DOLE, Manager of ARMM Social Fund Project (ASFP), Manager of NFA-ARMM, the Executive Directors of Technical Management Service (TMS),
Bureau of Public Information (BPI), and TESDA, the Regional Directors of PNP, BFP and NSO, the Chairpersons of CHED, Regional Commission on the Bangsamoro Women (RCBW), Housing and Land Use Regulatory Commission (HLURC), and Regional Reconciliation and Unification Commission (RRUC), and Representatives of the Philippine Red Cross (PRC), National Anti-Poverty Commission-Victims of Disasters and Calamities Sector (NAPC-VDC), GSIS, PHILHEALTH, Office of the Presidential Adviser on the Peace Process (OPAPP), Climate Change Commission (CCC), Union of Local Authorities of the Philippines (ULAP), League of Provinces of the Philippines (LLP), League of Cities of the Philippines (LCP), League of Municipalities of the Philippines (LMP), Liga ng mga Barangay (LMB), Regional Assembly (RA), and four (4) Civil Society Organizations (CSOs) one 1 Private Sector as Members; and the Regional Director of OCD shall be the Executive Director and Head of the Secretariat.
The Regional Governor shall designate the Council Secretariat from among the member agencies. The head of the Council Secretariat shall act as the Executive Officer of the Council.
SEC. 12. Functions of the RDRRMC-ARMM. – The RDRRMC-ARMM shall have the following functions:
TITLE VI
INTER-GOVERNMENTAL RELATIONS
Chapter 1
General Supervision over Local Government Units
SECTION 1. Supervision Over Local Government Units. – Consistent with law, the Regional Governor shall exercise supervision over provincial governors, city mayors and municipal mayors to ensure that laws are faithfully executed and their acts are within the scope of their prescribed powers and functions.
Such power of supervision shall be exercised through the Secretary of the Regional Department of Interior and Local Government, over provinces, highly urbanized cities, and independent component cities; through the province with respect to component cities and municipalities; and through the city and municipality with respect to the barangays.
The Regional Governor, in appropriate cases, may impose disciplinary action against erring local public officials in accordance with provisions of Chapter IV of MMA Act 25.
Chapter 2
Relations between National and ARMM Agencies
SEC. 2. National Offices and Agencies in the ARMM. –Subject to applicable laws, orders and/or policies, national offices and agencies within the territorial jurisdiction of the Autonomous Regional Government shall actively involve the latter in the formulation and implementation of their plans, programs, projects and activities, and submit reports thereon on regular basis for the information, guidance and/or appropriate action of the Regional Governor.
Other government offices, agencies, instrumentalities entities and government-owned or
-controlled corporations, including people‟s and non-government organizations in the
Autonomous Region which are not covered in the preceding paragraph shall be dealt with in
accordance with the applicable existing laws, policies, orders and/or such regional laws the Regional Assembly may enact for the purpose.
SEC. 3. Application of Laws. – All laws pertaining to and in connection with the inter- governmental relations of the Autonomous Regional Government with all other governmental branches, constitutional commissions, departments and offices shall apply insofar as they are consistent with the regional laws and policies.
BOOK III
THE REGIONAL GOVERNOR
TITLE I
POWERS OF THE REGIONAL GOVERNOR
Chapter 1 Power of Control
SECTION 1. Power of Control. - The Regional Governor shall have control of all the executive departments, agencies, offices, bureaus, regional executive commissions and boards and instrumentalities of the Autonomous Regional Government. He shall ensure that laws are faithfully executed.
Chapter 2 Ordinance Power
SEC. 2. Executive Orders. - Acts of the Regional Governor providing for rules of a general or permanent character in implementation or execution of powers vested by the Organic Act or by law shall be promulgated in executive orders.
SEC. 3. Administrative Orders. - Acts of the Regional Governor which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders.
SEC. 4. Proclamations. - Acts of the Regional Governor fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order.
SEC. 5. Memorandum Orders. - Acts of the Regional Governor on matters of administrative details or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders.
SEC. 6. Memorandum Circulars. - Acts of the Regional Governor on matters relating to internal administration, which the Regional Governor desires to bring the attention of all or some of the departments, agencies, bureaus, or offices of the Regional Government, for information or compliance, shall be embodied in memorandum circulars.
Chapter 3
Powers of Eminent Domain, Escheat,
Land Reservation and Recovery of Ill-Gotten Wealth
SEC. 7. Power of Eminent Domain. - The Regional Governor shall determine when it is necessary or advantageous to exercise the power of eminent domain in behalf of the Autonomous Regional Government, and direct the Regional Attorney General, whenever he deems the action appropriate, to institute expropriation proceedings in the proper court.
SEC. 8. Power to Direct Escheat or Reversion Proceedings. - The Regional Governor shall direct the Regional Attorney General to institute escheat or reversion proceedings over all lands in the ARMM transferred or assigned to persons disqualified to acquire land in accordance with law.
SEC. 9. Power to Reserve Lands of the Public Domain and Patrimonial Properties belonging to the Regional Government. - (1) The Regional Governor shall have the power to reserve for settlement or public use, and for specific public purposes, any of the lands of public domain and patrimonial properties belonging to the Regional Government, the use of which is not otherwise provided by law. The reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by law or proclamation;
(2) He shall also have the power to reserve from sale or other disposition, for specific public uses or purposes, any land belonging to the Autonomous Regional Government, the use of which is not otherwise provided by law, and thereafter such land shall be used for the purposes specified by such proclamation until otherwise provided by law.
SEC. 10. Recovery of Ill-gotten Wealth. - The Regional Governor shall have the authority to direct the Regional Attorney General to institute proceedings in accordance with regional laws, against public officials or employees who have illegally acquired properties, to recover said unlawfully acquired properties from them or from their nominees or transferees.
Chapter 4
Power of Appointment and Designation
SEC. 11. Power of Appointment. - The Regional Governor shall exercise the power to appoint such officials as provided for in the Organic Act and other applicable laws. Provided that any person who fails to assume the office upon which he/she is appointed within ninety (90) days from the date he/she received notice of the appointment shall forfeit the right to assume the position upon which he/she was appointed subject to civil service laws and rules except if the non assumption is due to temporary illness or physical disabilities acquired after the said appointment was issued.
SEC. 12. Power to Issue Designation. - (1) The Regional Governor may designate an officer already in the government service to perform the functions of an office in the executive branch, in concurrent capacity in appropriate cases, when: (a) the officer regularly appointed to the office is unable to perform his/her duties due to lawful cause/s or by reason of serious illness, unauthorized absence of at least fourteen (14) days; or (b) there exists a vacancy. Provided, that a designation shall not exceed one (1) year and provided further that the person so designated possesses the qualifications and none of the disqualifications to the office to which he/she is designated.
TITLE II ORGANIZATION
Chapter 5
The Office the Regional Governor
SECTION 1. Organization. - The Office of the Regional Governor shall consist of the Office of the Regional Governor Proper and his/her immediate staff, and the agencies under it.
SEC. 2. Office of the Regional Governor Proper. - The Office of the Regional Governor Proper shall consist of:
SEC. 3. The Agencies under the Office of the Regional Governor. - The agencies under the Office of the Regional Governor refer to those offices placed under the chairmanship of the Regional Governor, those under his/her supervision and control, those under his/her administrative supervision, those attached to it for policy and program coordination, and those that are not placed by regional law or order creating them under any specific department.
TITLE III FUNCTIONS
Chapter 6
Functions of the Different Offices
in the Office of the Regional Governor Proper
SECTION 1. The Executive Council. - The Executive Council shall be chaired by the Regional Governor with the Regional Vice-Governor and the three (3) Deputy Regional Governors as Council Members. The Executive Council shall advise the Regional Governor on matters of governance of the Autonomous Region. The three (3) Deputies shall be ex-officio members of the Regional Cabinet with or without portfolio. The Regional Governor may assign powers and functions to the Executive Council to promote the general welfare of the people of the autonomous region subject to the laws enacted by the Regional Assembly.
SEC. 2. The Office of the Regional Vice-Governor. - The Office of the Regional Vice- Governor shall be headed by the Regional Vice-Governor and shall be assisted by a support staff.
SEC. 3. Functions of the Regional Vice-Governor. - The Regional Vice-Governor, as provided for by law, shall:
SEC. 4. The Office of the Deputy Regional Governors. - There shall be three (3) Offices of the Deputy Regional Governors to be headed by a Deputy Regional Governor, each representing the Christians, Indigenous Peoples and the Muslims in the region.
SEC. 5. Functions of the Deputy Regional Governors. - The Deputy Regional Governors shall provide advisory or consultative services to the Regional Governor on matters concerning their respective sector, namely, the Christians, Indigenous Peoples and the Muslims.
SEC. 6. Declaration of Policy. - The Executive Offices shall provide services to deliver specific needs and requirements of the Office of the Regional Governor to achieve the purposes and objectives by which it was established.
SEC. 7. The Office of the Executive Secretary. - The Office of the Executive Secretary shall consist of the Executive Secretary, who shall be assisted by one (1) Assistant Executive Secretary and a support staff.
SEC. 8. Powers and Functions of the Executive Secretary. - The Executive Secretary, subject to the control and supervision of the Regional Governor, shall carry out the functions assigned by law to the Executive Office and shall perform such other duties as may be delegated to him/her. He/she shall:
SEC. 9. The Office of the Regional Attorney General. - The Office of the Regional Attorney General shall be headed by the Regional Attorney General assisted by an Executive Assistant VI for Legal Concerns, an Executive Assistant VI for Operations and an Administrative Support Staff.
SEC. 10. Powers and Functions of the Regional Attorney General. - The Regional Attorney General shall:
SEC. 11. The Office of the Chief of Staff. – The Office of the Chief of Staff shall be composed of the Office of the Chief of Staff and the Regional Governor‟s Action Center (RGAC). It shall be headed by a Chief of Staff.
SEC. 12. Powers and Functions of the Chief of Staff. – The Chief of Staff shall:
SEC. 13. The Regional Governor’s Action Center (RGAC). - The Regional Governor‟s Action Center shall be headed by Public Relation Officer V. It shall:
SEC. 14. The Cabinet Secretariat. - The Cabinet Secretariat shall consist of the Regional Secretary as its head, the Assistant Regional Secretary and support staff.
SEC. 15. Duties and Functions of the Cabinet Secretary. - The Cabinet Secretary in coordination or through the Executive Secretary shall:
SEC. 16. Functions of the Management Support Services (MSS). – The various support offices in the Office of the Regional Governor Proper, namely: Administrative Management Service (AMS), Technical Management Service (TMS), Finance and Budget Management Service (FBMS), Intelligence and Security Service (ISS), the ARMM Liaison
Office in Metro Manila (ALOMM), and the ARMM Satellite Coordinating Office (ASCO) shall constitute the Management Support Services (MSS) and shall be organized to carry-out the following functions:
Chapter 7
Functions of the Agencies/Offices Under the Office of the Regional Governor
SEC. 17. Functions of Agencies Under the Office of the Regional Governor. – Agencies/Offices under the Office of the Regional Governor shall continue to operate and function in accordance with their respective charters, laws creating them, or the purpose/s by which they were created except as otherwise provided in this Code or by law.
Chapter 8
Power of the Regional Governor to Reorganize
SEC. 18. Continuing Authority of the Regional Governor to Reorganize. - The Regional Governor, subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the Regional Governor subject to Civil Service Laws. For this purpose, he/she may take any of the following actions:
BOOK IV
GENERAL FUNCTIONS OF THE EXECUTIVE BRANCH
Chapter 1
The Executive Department
SECTION 1. The Executive Power. - The Executive Power shall be vested in a Regional Governor. He/she shall be the chief executive officer of the Autonomous Region in Muslim Mindanao. As such, he/she shall ensure that all applicable laws be faithfully executed through the government agencies, government-owned or controlled corporations, and local government units. Except in cases where the Chief Executive is required by the Organic law or other applicable law to act in person or the exigencies of the situation demand that he/she act personally, the multifarious executive and administrative functions of the Regional Governor are performed by and through the regional departments and line agencies. The acts of the Regional Cabinet Secretaries of such departments, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief Executive.
SEC. 2. Executive and Administrative Organizations. - The executive and administrative organizations are adjuncts of the Executive Department and the heads of these organizations are assistants and agents of the Chief Executive.
SEC. 3. Department’s Purpose and Policy. - There shall be Departments established, organized and administered to assist the Regional Governor in the functional distribution of his/her work and the performance of their functions as provided by law or the Organic Act which
are necessary for or incidental to the proper governance and development of all the constituent units within the autonomous region in accordance with the following policies:
Chapter 2
The Regional Department
SEC. 4. The Regional Department. - The Regional Department shall refer to the Office of the Regional Secretary, Office of the Assistant Regional Secretary, bureaus, offices under it and agencies attached to it as may be provided by law.
SEC. 5. The Regional Secretary. - The Regional Secretary shall be the head of the Regional Department to be assisted by Assistant Regional Secretary/ies in the department.
SEC. 6. Jurisdiction over Bureaus, Offices, Regulatory Agencies and Government Corporations. - Each Department shall have jurisdiction over bureaus, offices, regulatory agencies, and government-owned or controlled corporations assigned to it by law. The Regional Governor may, by executive order, assign offices and agencies not otherwise assigned by law to any department, or indicate to which department a government corporation or board may be attached to.
Chapter 3 Regional Secretaries and
Assistant Regional Secretaries
SEC. 7. Authority and Responsibility of the Regional Secretaries. - The Regional Secretaries shall have the authority and responsibility to exercise the mandates of their respective Departments.
SEC. 8. Powers and Functions of the Regional Secretary. - The Regional Secretary shall be vested with the following powers and functions:
SEC. 9. Submission of Performance Evaluation Reports. - The Regional Secretary shall formulate and enforce a system of measuring and evaluating periodically and objectively the performance of the Department and submit the same annually to the Regional Governor. The Regional Secretary shall likewise prepare and submit to the Regional Governor an estimate of the necessary expenditures of the Department during the next fiscal year, on the basis of the reports and estimates submitted by bureaus and offices under him/her.
SEC. 10. Powers and Duties of the Career Assistant Regional Secretary. – Except as may be provided otherwise in this Code, as a general rule, the Assistant Regional Secretary shall have the following general powers and duties:
Chapter 4 Administrative Relationship
SEC. 11. Definition of Administrative Relationship. - Unless otherwise expressly stated in this Code or in other laws defining the special relationships of particular agencies, administrative relationships shall be categorized and defined as follows:
Chapter 5 Supervision and Control
SEC. 12. Regional Secretary's Authority. - The Regional Secretary shall have supervision and control over the bureaus, offices, and agencies under him/her excluding chartered institutions or government-owned or controlled corporations attached to the department, subject to the following guidelines:
SEC. 13. Delegation of Authority. - In accordance with the provisions on specific powers provided in this Code, the Regional Secretary or the head of an agency shall have authority over and responsibility for its operation. He/she shall delegate such authority to the bureau and field directors as may be necessary for them to implement plans and programs adequately. Delegated authority shall be to the extent necessary for efficient and effective implementation of national and local programs in accordance with policies and standards developed by each department or agency with the participation of the Field Directors. The delegation shall be in writing; shall indicate to which officer or class of officers or employees the delegation is made; and shall vest sufficient authority to enable the delegate to discharge his/her assigned responsibility.
Chapter 6
Relationship of Government-Owned or -Controlled Corporations and Regulatory Agencies to the Department
SEC. 14. Government-Owned or Controlled Corporations. - Government-owned or controlled corporations shall be attached to the appropriate department with which they have allied functions, as hereinafter provided, or as may be provided by executive order, for policy and program coordination and for general supervision provided in pertinent provisions of this Code. In order to fully protect the interests of the government in government-owned or controlled corporations, at least one-third (1/3) of the members of the Boards of such corporations should either be a Regional Secretary, Undersecretary and/or Assistant Regional Secretary or other senior officials of the appropriate departments.
SEC. 15. Regulatory Agencies. - A regulatory agency shall be subject to the administrative supervision of the department under which they are placed, except when they are government corporations in which case they shall be governed by the provisions of the preceding section. The heads of regulatory agencies shall submit annually, for the approval of the Regional Secretary concerned, their budgets and work plans which shall be the basis of their day-to-day operations. The regulatory agencies may avail themselves of the common auxiliary and management services of the department as may be convenient and economical for their operations.
Chapter 7 Appointments and Qualifications
SEC. 16. Qualifications of Regional Secretaries. - The Regional Secretaries shall be citizens of the Philippines, registered voters in the Autonomous Region in Muslim Mindanao, not less than twenty-five years of age, and competent & qualified for the position. At least six
SEC. 17. Appointment of and Assumption to Office by Regional Secretaries. - The Regional Secretaries of Departments shall be appointed by the Regional Governor subject to
confirmation by the Commission on Appointments of the Regional Assembly and shall hold office co-terminus with the Regional Governor, unless sooner removed.
The Regional Governor shall submit the nominations or appointments of the cabinet secretaries within fifteen (15) days from signing thereof.
The nominee shall submit to the Commission all pertinent documents required by the Assembly within fifteen (15) days from the date of submission of his/her nomination or appointment by the Regional Governor to the Commission.
Failure to comply with the provisions of the preceding paragraphs may be a ground for the rejection of the nomination or appointment.
Nominees who are yet to be confirmed are only authorized to exercise routine administrative authority such as to approve and sign voucher and payroll for salaries and wages of personnel, countersigning check corresponding therefor, purchase of minimal quantity of office supplies and material, approve official travel attendance or participation in training- seminar workshop and conference.
SEC. 18. Appointment Process. - The regular appointments which are contemplated under Section 2, Article VII of RA 9054 go through the following stages:
The Regional Governor sends to the Commission the nomination of the candidate.
After the Commission has given its consent, the Regional Governor issues the appointment. It is only when the last stage has been completed may the officer concerned take his oath of office.
The Regional Governor may issue appointments while the Regional Assembly is not in session. Such appointments are called ad interim appointment, and it goes through the following stages:
An ad interim appointment is permanent in nature and takes effect immediately. Thus, one who is issued an ad interim appointment may immediately enter upon the discharge of his functions. It ceases to be valid upon disapproval by the Commission on Appointments or, if not confirmed, until the next adjournment of the Regional Assembly.
The Confirmation Process as provided under Regional Assembly Resolution No. 27 and other existing rules and those that may be adopted by the Commission on Appointments shall apply.
SEC. 19. Appointments of Assistant Regional Secretaries. - The Assistant Regional Secretaries of Departments shall be appointed by the Regional Governor in accordance with existing Civil Service Law, Rules and Regulations.
SEC. 20. Appointment to other Senior Positions and their Equivalents. - Directors and Assistant Directors of Bureaus, Field and Assistant Field Directors, Department Service Heads, and their Equivalents shall be appointed by the Regional Governor in accordance with Civil Service Law, Rules and Regulations.
SEC. 21. Personnel Selection and Promotion Board (PSPB). – All line departments, agencies and offices of the Autonomous Regional Government (ARG) shall establish their respective Personnel Selection and Promotion Board which shall evaluate and recommend the appointment and promotion of personnel with the rank of Division Chiefs and below, in accordance with the provisions of Omnibus Rules of the Civil Service.
SEC. 22. Disqualification of the Spouse and Relatives of the Regional Governor and Other Officials. - The spouse/s and relatives by consanguinity or affinity within the fourth civil degree of the Regional Governor, the Regional Vice Governor, the members of the cabinet, or their deputies, shall not during their tenure be appointed or designated to positions of which they are the appointing authority except to positions which are primarily confidential in nature and such other position covered by exemptions provided by law.
SEC. 23. Prohibition Against Holding Other Offices or Positions. - A Regional Secretary, Assistant Regional Secretary or other appointive official of the Executive Department shall not hold any other position in the government and regional government-owned or controlled corporations. Provided, that this limitation shall not apply to ad hoc bodies or committees, or to boards, councils or bodies of which the Regional Governor is the Chairperson.
SEC. 24. Relinquishment of Positions. - If a Regional Secretary, Assistant Regional Secretary or other appointive official of the Executive Department holds more positions than what is allowed in the preceding paragraph, he/she must relinquish the excess positions in favor of a subordinate official who is next in rank. The members of the cabinet or their deputies shall not hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession unless permitted under existing rules and regulations, participate in any business, or be financially interested in any contract with, or in any franchise or special privilege granted by the regional government or any subdivision, agency, or instrumentality thereof, including regional government-owned or controlled corporations or subsidiaries. They shall strictly avoid conflicts of interest in the conduct of their office.
Chapter 8 Administrative Issuances
SEC. 25. General Classification of Issuances. - The administrative issuances of Regional Secretaries and heads of bureaus, offices or agencies shall be in the form of circulars or
orders. Circulars shall refer to issuances prescribing policies, rules and regulations, and procedures promulgated pursuant to law, applicable to individuals and organizations outside the Government and designed to supplement provisions of the law or to provide means for carrying them out, including information relating thereto. Orders shall refer to issuances directed to particular offices, officials, or employees, concerning specific matters including assignments, detail and transfer of personnel, for observance or compliance by all concerned.
SEC. 26. Numbering System of Issuances. - Every circular or order issued pursuant to the preceding section shall properly be identified as such and chronologically numbered. Each class of issuance shall begin with number 001 and series of the year of issuance.
SEC. 27. Official Logbook. - Each department, bureau, office or agency shall keep and preserve a logbook in which shall be recorded in chronological order, all final official acts, decisions, transactions or contracts, pertaining to the department, bureau, office or agency. Whenever the performance of an official act is in issue, the date and the time record in the logbook shall be controlling. The logbook shall be in the custody of the chief administrative officer concerned and shall be open to the public for information.
SEC. 28. Government-wide Application of the Classification of Issuances. - The Office of the Regional Governor shall provide such assistance as may be necessary to effect general adherence to the foregoing classification of issuances, including the conduct of studies for developing sub-classifications and guidelines to meet peculiar needs. All administrative issuances of a general or permanent character shall be compiled, indexed and published pursuant to the provisions of this Code.
Chapter 9 Miscellaneous Receipts
SEC. 29. Charges for Property Sold or Services Rendered; Refunds. - For services required by law to be rendered for a fee, for supplies furnished, or articles of any kind sold to other divisions of the government or to any person, the head of bureau, office or agency may, upon approval of the Regional Governor or the Regional Secretary charge and collect the cost of the service, supplies, or articles. The officer authorized to fix the amount to be paid for service rendered and supplies or articles furnished or sold in excess of cost prescribed by law or approved by the same authority may recommend that the whole or part of any sum so paid be refunded, upon approval of the Commission on Audit.
SEC. 30. Disposition of Miscellaneous Bureau Receipts. - In the absence of special provision, money collected for property sold or service rendered, and all other receipts or earnings of departments, bureaus, offices, and agencies not derived from taxation, shall accrue to the general un-appropriated funds of the Autonomous Regional Government which shall be remitted to the Regional Treasury.
SEC. 31. Printing of Studies and Researches. - With the approval of the Regional Secretary, a bureau, office, or agency may print its studies, researches and similar materials for distribution at cost to the public. The Regional Secretary may authorize the printing or reprinting of the said materials by private persons for sale to the public upon payment of such royalties as
may be fixed by him/her, which shall accrue to the general fund and shall be remitted to the Regional Treasury.
Chapter 10 Contracts
SEC. 32. Conveyances and Contracts to which the Autonomous Regional Government is a Party. - Any deed, instrument or contract conveying the title to real estate or to any other property shall be awarded through public bidding. Where the amount of contracts exceeds five million pesos, such contract shall be executed and signed by the Regional Governor on behalf of the Autonomous Regional Government; provided that contracts amounting to five million and below, the same may be executed and signed by the head of the department or agency concerned.
SEC. 33. Contracts for Approval by the Regional Governor. - Contracts for infrastructure projects, including contracts for the supply of materials and equipment to be used for such projects shall be approved by the Regional Governor.
SEC. 34. Approval of Consultancy Contracts. - All purely consultancy contracts relating to infrastructure projects, regardless of amount, shall be approved by the Regional Secretaries concerned, in accordance with existing Guidelines on the Hiring of Consultants.
SEC. 35. Delegation of Authority to Governing Boards of Government Corporations. - The Regional Secretaries are authorized to delegate tasks to the governing boards of government-owned or controlled corporations which are attached to or are under the administrative supervision of their respective departments. In the case of government corporations which are attached to or under the Office of the Regional Governor, the delegation shall be made by the Executive Secretary.
SEC. 36. Public Bidding of Contracts. - As a general rule, contracts for infrastructure projects shall be awarded after open public bidding to bidders who submit the lowest responsive/evaluated bids. Open Public Bidding shall be conducted among qualified contractors in accordance with laws and existing rules and procedures.
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SEC. 37. Approval of Other Types of Government Contracts. - All other types of government contracts shall, in the absence of a special provision, be executed with the approval of the Regional Secretary or by the head of the bureau or office having control of the appropriation against which the contract would create a charge. Such contracts shall be processed and approved in accordance with existing laws, rules and regulations.
Chapter 11
Controversies among Government Offices and Corporations
SEC. 38. How Settled. - All disputes, claims and controversies, between or among the departments, bureaus, offices, agencies and instrumentalities of the Autonomous Regional Government, including government-owned or controlled corporations, such as those arising from the interpretation and application of statutes, contracts or agreements, shall be administratively settled or adjudicated in the manner provided in this Code.
SEC. 39. Disputes. - All such cases involving either purely questions of law, mixed questions of law and of fact or only factual issues, shall be submitted to and settled or adjudicated by the Attorney-General of the Autonomous Regional Government and as ex-officio legal adviser of all government-owned or controlled corporations. His/her ruling or decision thereon shall be conclusive and binding on all the parties concerned.
SEC. 40. Arbitration. - The determination of factual issues may be referred to an arbitration panel composed of one representative from each of the parties involved and presided over by a representative of the Attorney - General.
SEC. 41. Appeals. - The decision of the Attorney-General shall be binding and executory upon the parties involved. Appeals may, however, be taken to the Regional Governor where the amount of the claim or the value of the property exceeds one million pesos. The decision of the Regional Governor shall be final.
SEC. 42. Rules and Regulations. - The Attorney-General shall promulgate the rules and regulations necessary to carry out the provisions of this Chapter.
TITLE I AGRARIAN REFORM
Chapter 1 General Provisions
SECTION 1. Declaration of Policies. - (1) It is the declared policy of the Autonomous Region in Muslim Mindanao to pursue a Regional Agrarian Reform Program suitable to the special circumstances prevailing in the area of autonomy, in accordance with the Constitution, Republic Act 9054 and other existing national laws and policies. The welfare of the landless farmers and farm workers will receive the highest consideration to promote social justice and to move the region towards sound rural development and industrialization and the establishment of
owner cultivatorship of family economic – size farm as basis for the region‟s agriculture.
To this end, a more systematic equitable distribution and ownership of land, with due regard to the rights of the landowners to just compensation is essential. The need to preserve ecological balance in the region shall be given serious consideration to provide farmers and farm-workers the opportunities to enhance their dignity and improve the quality of their lives through greater productivity in agriculture. The agrarian reform program is founded on the rights of the landless farmers and farm-workers to own directly or collectively the land they till or in case of other farm-workers, to receive a just share of the fruits thereof.
government may lease undeveloped lands of the public domain, and/or all acquired, sequestered or foreclosed properties to qualified entities for the development of capital intensives farms and traditional and pioneering crop production especially those for export subject to the prior rights of the beneficiaries under the law.
SEC. 2. Mandate. - The Department is the principal agency to assist the Regional Governor in the implementation of agrarian reform law, programs and projects. It shall also implement national programs and projects intended for the Autonomous Region consistent with regional law, customs and traditions of the Bangsamoro people.
SEC. 3. Powers and Functions. - The powers and functions of the Department are as follows:
SEC. 4. Organizational Structure. - The Department shall consist of the Department Proper, the Department Services and their Divisions and the Provincial and the Municipal Agrarian Reform Offices.
Chapter 2 Department Proper
SEC. 5. Office of the Regional Secretary. - The Department shall be headed by a Regional Secretary who shall be appointed by the Regional Governor subject to confirmation by the Commission on Appointments of the Regional Assembly. The Regional Secretary shall act as the Chief Executive of the Department, who shall exercise all powers and authority inherent to his/her office and responsibility.
SEC. 6. Office of the Assistant Regional Secretary. - The Regional Secretary shall be assisted by a Career Assistant Regional Secretary.
SEC. 7. Agrarian Reform Adjudication Board. - The Agrarian Reform Adjudication Board shall be administratively under the office of the Regional Secretary. The Board shall be composed of the Regional Secretary as Chairperson, the Assistant Regional Secretary, Chief of the Agrarian Legal Assistance Division (ALAD) and two (2) other members to be appointed by the Regional Governor upon the recommendation of the Regional Secretary.
The Board shall assume the powers and functions with respect to the adjudication of agrarian reform cases except those powers and functions within the exclusive jurisdiction of DAR Regional Secretary. These powers and functions may be delegated to the provincial offices of the DAR through their provincial adjudicators.
SEC. 8. Regional Agrarian Reform Council (RARC). – The RARC shall be the highest policy making body regarding agrarian reform in the area of autonomy. It is mandated to formulate policies, rules & regulations for implementation, taking into consideration the geographical area, common and distinct historical, cultural heritage, social-economic structure
and other relevant characteristics of the constituents of the ARMM, provided that the aforementioned do not contravene existing laws.
SEC. 9. Composition of the (RARC). - The RARC shall be composed of the Regional Governor as Chairperson, DAR-ARMM Regional Secretary as Vice-Chairperson and the Regional Secretaries and the heads of offices of the following devolved departments and agencies/offices as members:
The following agencies and financial institutions of the Central Government shall also be coordinated for their active participation in the programs, projects and activities of RARC:
The Regional Governor shall appoint one (1) representative coming from the Agrarian Reform beneficiaries and one (1) representative coming from the affected landowners as members of the RARC whose term of office shall be co-terminus with the appointing authority.
The DAR shall provide the Secretariat to the RARC, and the Regional Secretary of Agrarian Reform shall be the Secretary General thereof.
SEC. 10. Functions of the RARC. The RARC shall exercise the following functions:
SEC. 11. RARC shall have an Executive Committee composed of the Regional Secretary of Agrarian Reform as Chairperson and Regional Secretaries and Heads of the following agencies as members:
The Executive Committee may invite whenever necessary authorized representatives of the central government from the following:
Chapter 3 Department Services
SEC. 12. Department Services. - There shall be six (6) divisions composed of the following: (a) Administrative Management Division, (b) Finance and Budget Management Division, (c) Land Acquisition, Distribution and Development Division, (d) Beneficiaries Education and Community Development Division, (e) Planning, Policy, Research and Management Information Division, and (f) Agrarian Legal Assistance Division.
The Administrative Management Division shall be responsible for the following:
The Finance and Budget Management Division shall be responsible for the following:
The Technical Divisions shall respectively be responsible for the following:
Chapter 4
Provincial and Municipal Offices
SEC. 13. Provincial Offices. - The Department shall have Provincial Agrarian Reform Offices to be headed by a Provincial Agrarian Reform Officer.
The Provincial Agrarian Reform Offices shall be responsible for directing and coordinating the operations and activities of the Municipal Agrarian Reform Offices operating within the province and has the following functions:
SEC. 14. Municipal Agrarian Reform Offices. - The Department shall have as many Municipal Agrarian Reform Offices as may be necessary in promoting efficiency and effectiveness in the delivery of its service, which shall be headed by a Municipal Agrarian Reform Officer (MARO).
The Municipal Agrarian Reform Office shall be responsible for directly implementing agrarian reform programs and delivering expected results at the municipal level. For such purpose, it shall have the following functions:
TITLE II AGRICULTURE AND FISHERIES
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. - The Autonomous Regional Government shall promote the well being of farmers, including share tenants, leaseholders, settlers, fishermen, and other rural workers by providing an environment in which they can increase their income, improve their living conditions, and maximize their contributions to the national economy.
SEC. 2. Mandate. - The Department of Agriculture and Fisheries is the primary agency of the Autonomous Regional Government responsible for the promotion of agricultural and fishery development by providing the policy framework, public investments, and support services needed for domestic and export-oriented business enterprises.
In the fulfillment of this mandate, it shall be the primary concern of the Department to improve farm income and generate work opportunities for farmers, fishermen, and other rural workers. It shall encourage people's participation in agricultural development through sectoral representation in agricultural policy-making bodies so that the policies, plans, and programs of
the Department are formulated and executed to satisfy their needs. It shall ensure social justice, equity, productivity and sustainability in the use of agricultural resources.
SEC. 3. Powers and Functions. - The Department shall:
the Central Government‟s Fisheries Office Order No. 317, series of 2006; and
SEC. 4. Organizational Structure. - The Department shall consist of the Department Proper, the Department Services, the Regional Bureau of Fisheries and Aquatic Resources (RBFAR), other attached bureaus/ agencies, and the Provincial, City and Municipal Agricultural and Fishery Offices.
Chapter 2 Department Proper
SEC. 5. The Department Proper - The Department Proper is composed of the Office of the Regional Secretary, the Office of the Assistant Regional Secretary, Office of the Director for Administrative and Finance, the Office of the Director for Research Development and Extension Services, the Office of the Director for Field Operations Services and the Provincial and City/Municipal Agricultural/Fisheries Offices.
SEC. 6. Office of the Regional Secretary. - The Office of the Regional Secretary shall consist of the Regional Secretary and his/her immediate staff and shall be assisted by the following divisions headed by Division Chiefs:
special events, extension training, all geared towards the attainment of food security in the region;
autonomous region; and ensure participation of the office in inter-agency or special bodies where the agency is a part; and
SEC. 7. Office of the Assistant Regional Secretary. - The Office of the Assistant Regional Secretary shall consist of the Career Assistant Regional Secretary, who belongs to the career executive service prior to his/her appointment and his/her immediate staff.
SEC. 8. Functions of the Assistant Regional Secretary. – The Assistant Regional Secretary shall assist the Regional Secretary in the formulation, determination and implementation of laws, policies, plans, programs and projects on agriculture and fisheries. When the Regional Secretary is unable to perform his/her duties owing to illness, absence, or
other cause, as in case of vacancy in the office, the Assistant Regional Secretary shall temporarily perform the functions of the said office. The Assistant Regional Secretary also performs such other functions as may be directed by the Regional Secretary and as may be provided by law.
Chapter 3 Department Services
SEC. 9. Services of the Department. - The Department Services shall be as follows:
The Administrative and Finance Service shall consist of the Administrative Division and the Finance Division.
The Field Operations Service shall consist of the following divisions: Crops Division; Agri-business and Marketing Assistance Division; Livestock Division; Regulatory Division; and the Regional Agricultural Engineering Division.
proposals of member agencies for the Bureau of Agriculture and Research and other donor agencies and countries;
The Research and Development and Extension Services covers the Autonomous Region in Muslim Mindanao Integrated Agricultural Research Center (ARMMIARC) and the Regional Outreach Stations and Facilities (ROSF/s).
Chapter 4
Provincial and City/Municipal Agricultural/Fisheries Offices
Subject to Section 3, Article III and Section 1, Article IV of RA 9054 mandating the Regional Government to adopt a policy on local autonomy whereby regional powers shall be devolved to local government units, the provincial, city and municipal agricultural/fisheries offices shall be governed by the following:
SEC. 10. Provincial and City/Municipal Agricultural/Fisheries Offices. - The Department shall operate, and maintain Provincial and City/Municipal Agricultural/Fisheries Offices in each component province and cities of the ARMM. It shall be headed by a Provincial/City Agricultural Officer with the following duties and responsibilities:
At the municipal level, policies, plans, programs, projects, laws, rules, and regulations of the Department shall be implemented by the Municipal Agriculture and Fisheries Offices.
Chapter 5
Regional Bureau of Fisheries and Aquatic Resources (RBFAR)
SEC. 11. Regional Bureau of Fisheries and Aquatic Resources - The Regional Bureau of Fisheries and Aquatic Resources shall have the following powers and functions:
SEC. 12. Composition. – The Bureau shall be composed of the Office of the Director II assisted by a Director I and supported by divisions/ sections/ units. The provincial/city/ municipal fishery officers shall form part of the field offices of the Department of Agriculture and Fisheries.
SEC. 13. RBFAR Organizational Structure. – The RBFAR is composed of the Office of the Regional Director, Office of the Assistant Regional Director, the Divisions, Sections and Legal Unit, and the Provincial and City/Municipal Fishery Offices.
SEC. 14. Bureau Head. – The Bureau shall be headed by a Regional Director with a rank of Director II and assisted by an Assistant Regional Director with the rank of a Director I.
Chapter 6
ARMM Coconut Authority (ACA)
SEC. 15. The Autonomous Regional Government shall establish the ARMM Coconut Authority (ACA) which shall have the following functions:
SEC. 16. Organizational Structure and Funding. – The ACA shall be composed of such offices as maybe devolved to the Autonomous Region in accordance with Section 3, Article XVIII of Republic Act 9054. In addition to funds that maybe devolved, the Regional Assembly shall provide the necessary funding for the administrative and operational requirements of the
Authority.
Chapter 7 Coordination with Bureaus/Agencies
SEC. 17. Coordination with Bureaus/ Agencies. - The Department shall maintain coordination with following bureaus and agencies pending their devolution to the autonomous region:
SEC. 18. Organization and Operation. - The bureaus and agencies with pending devolution shall continue to operate and function in accordance with their respective charters, laws or orders creating them. The Regional Secretary shall serve as the Chairperson of the Regional Management Council consisting of the aforementioned bureaus and agencies.
TITLE III EDUCATION
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. The Regional Government shall establish, maintain and support as a top priority a complete and integrated system of quality education and adopt an educational framework that is meaningful, relevant, and responsive to the needs, ideals and aspirations of the people in the region, in accordance with "Muflihun" as a philosophy of education in ARMM.
Towards this end, it is the policy of ARMM Regional Government:
SEC. 2. Definition of Terms.
Learners – learners aged 15 years and above who are illiterates, neoliterates who either have had no access to formal education or have reverted to illiteracy.
Adult Literacy Rate – the percentage of population aged 15 years and over who can read and write with understanding simple statements on everyday life transactions.
Alternative Learning System – a parallel system aimed to provide a viable alternative to the existing formal educational instruction. It encompasses both the non-formal and informal sources of knowledge and skills.
Basic Learning Needs – comprise the essential learning tools (such as literacy, oral expressions, numeracy and problem solving) and the basic learning content (such as knowledge, skills, values and attitudes) required by human beings to be able to survive, to develop their full capacities, to live and work in dignity, to participate fully in development, to improve the quality of their lives, to make informed decisions, and to continue learning. The scope of basic learning needs and how these should be met varies with individual countries and cultures and inevitably changes with the passage of the time.
Child-friendly School – an institution that recognizes and respects the range of rights of children, and not just their right to be educated. These rights also include their rights to be healthy, to be given opportunities for play and leisure, to be protected from harm and abuse, to express their views freely, and to participate in decision-making according to their evolving capacities.
Dropout – a pupil/student who leaves the school before completing the grade /year and/or who completes the grade/year but fails to enroll in the next grade/year the following year.
Education, basic – the education intended to meet basic learning needs which lay the foundation on which subsequent learning can be based. It encompasses early childhood, elementary and high school education as well as alternative learning systems for out-of-school youth and adult learners and includes education for those with special needs.
Education, Early Childhood – the level of education that needs to prepare 3-5 year-old children (one year before Grade 1) for formal schooling and the same time narrow down adjustment and learning gaps. This level focuses on the physical, social, moral, and intellectual development through socialization and communication processes.
Education, Elementary – the first stage of free and compulsory, formal education primarily concerned with providing basic education and usually corresponding to six and seven grades. Elementary education can likewise be attained through alternative system.
Education, Informal – form of educational learning which is non-graded and outside of formal schooling.
Education, Preschool – an organized learning experience including play activities for children below six (6) years old. It aims to develop the child in all aspects (physical, social, cognitive, and emotional) so he/she will be better prepared for socialization and cope with the demands of formal schooling.
Education, Primary (in the Philippines) – the stages of formal education concerned with providing basic education and usually corresponding to the first four grades of elementary education.
Education, Secondary – the stage of formal education following the elementary level concerned primarily with continuing basic education and expanding it to include the learning of employee gainful skills, usually corresponding to four years in high school.
Functional Literacy – a range of skills and competencies-cognitive, affective, and behavioral-which enables individuals to: a.) live and work as human persons, develop their potential, make critical and informed decisions, and b.) function effectively in society within the context of their environment and that of the wider community (local, regional, national, global) in order to improve the quality of their life and that of society.
Integrated School – a school that offers a complete basic education in one school site, has unified instructional programs and under one (1) school head.
Learner, Basic Education – any individual seeking basic literacy skills and functional life skills or support services for the improvement of the quality of his/her life.
Learning Center - a physical space to house learning resources and facilities of a learning program for out-of-school and adults. It is for face-to-face learning activities and other learning opportunities for community development and improvement of the people‟s quality of life.
Learning Facilitator - the key-learning support person who is responsible for supervising/facilitating the learning process and activities of the learner.
Madrasah - an Arabic term for school which is operationally defined as an educational institution which is community-based and operated privately whereby the medium of instruction is the Arabic language with Islamic studies and Arabic literacy as the core emphasis.
Madrasah , Developmental or Formal – a type of Madrasah that offers hierarchically structured education and sequential learning generally attuned with the
formal education system.
Madrasah, Integrated or Pilot – a type of Madrasah that offers a complete basic unified instructional programs such as Arabic Language, Islamic Values education, Islamic Studies, and the core learning areas of the Restructured Basic Education Curriculum.
Madrasah, Traditional or Weekend – a type of Madrasah wherein the instruction is basically religious. It is considered as non-formal education due to its characteristics: (a) classes are held on Saturdays and Sundays or days agreed upon by the teacher and students/pupils; (b) it does not have a formal curriculum; (c) it is non-graded and may have multi-age grouping; and
Mean years of schooling per person aged 5 and over – average number of years that a person spends in education. In general, the education level is directly proportional to number of schooling years, therefore, this indicator like literacy rate, can be used for analyzing the education level of the population.
Muflihun – a philosophy of total development of man (Tazkiyah) through the pursuit of acquisition of Divine and revealed knowledge (under the principle of Tawhid-oneness of God) and the study of physical and natural sciences (Rubbiyyah) to actualize his role as vicegerent of God on earth (Khalifa of God on earth) and thereby contributes fully to the development of his society in order to achieve well-being in this world and in the hereafter (Hassanah fid-dunya and
hassanah fi‟l-akhira).
Multi Grade Class – a class consisting of different curriculum grades handled by one teacher.
Ramadhan - the ninth month of the Muslim hijrah calendar designed to maintain a balance between material and spiritual aspects of human life, during which strict fasting is observed from dawn to sunset and minimize the pure mundane activities in order to accelerate spiritual progress and repair spiritual loss.
Repeaters – pupils/students who failed or left a particular grade/year level during a given school year, or pupils/students who are enrolled in the same grade/year for a second (or more) time.
School – an educational institution, public and private undertaking educational operation with a specific age-group of pupils or students pursuing defined studies at defined level receiving instruction from teachers, usually located in a building or a group of buildings in a particular physical or cyber site.
School, Private Formal – a school system organized and operated privately by single proprietor, partnership or corporation, either secular or non-secular with permit to operate or certificate of recognition from the DepEd-ARMM.
School Head – a person responsible for the administrative and instructional supervision of the school or cluster of schools.
School Leaver – a pupil/student who enrolled in a school or course but left before completing the prescribed program.
School Year – the prescribed period of time when schools offer daily instruction broken by short intermission periods (e.g., December Break, summer vacations, holidays and Ramadhan).
Simple/Basic Literacy – the ability to read and write with understanding a simple message in any language or dialect.
Special Education (SPED) – the education of persons who are gifted or talented and those who have physical, mental or sensory impairment or cultural differences so as to require modification of school curricula, programs and special services and physical facilities to develop them to their maximum capabilities.
Special Education Center – an administrative unit which may not be within the regular school that serves two or more types of children with special needs and is administered by a SPED trained principal/head teacher or any qualified staff.
Special needs Education – the education of children and youth with special needs corresponding to elementary and secondary education that require modifications of school practices, curricula, programs, special services and facilities. These include children and youth who are gifted/talented, fast learners and those with disabilities.
Stakeholder – a person or group of people having interest, benefits, and enthusiastic support for the betterment and quality education.
Student Financial Assistance – a form of assistance provided to deserving students in a form of scholarship grant, study-now-pay-later loan, tuition fee subsidy under the service contracting scheme program, and other form of grant-in-aid program.
Talamidz – Arabic term for pupils/students.
Ustadz – singular of Asatidz which refers to the teachers teaching in the Madrasah Institution. Asatidz is a plural of Ustadz.
Zakat – refers to the third pillar of Islam which a Muslim must observe based on rules and guidelines set forth under the Islamic law.
SEC. 3. Religious Instruction. - Religious instruction shall be made available and accessible to Muslim and non-Muslim students.
SEC. 4. Private Schools and Madaris. - The DepEd-ARMM shall be responsible for the supervision and regulation of pre-schools, elementary and secondary private schools and Madaris. Private Schools, including sectarian and non-sectarian institutions of learning may organize themselves and shall have the right to participate and be represented by three (3)
representatives in the Regional Educational Coordinating Council‟s (RECC) deliberations of the
DepEd-ARMM on matters dealing with private schools and Madaris.
SEC. 5. Madaris and Asatidz. - Existing madaris are deemed parts of the regional education system. For Asatidz in the public schools, the DepEd-ARMM shall conduct periodic competitive qualifying examinations for permanent appointment. The compensation of Asatidz employed in the public schools in the ARMM shall come from the regular annual budget of the DepEd-ARMM.
SEC. 6. Scholarships, Student Loans and Grants. - A system of scholarship programs, grants, student loans, subsidies, and other incentives shall be made available to all poor but deserving students and teachers from any fund including those provided by the national or regional government for the purpose.
SEC. 7. Donations to Schools. - Public or private schools in the ARMM may seek and receive local or foreign donations for educational purposes. Donors to public schools may deduct the amount of the donation from their taxable income due to the Regional Government.
SEC. 8. Community Participation in Education. - The active participation of the family, community, religious and non-government organizations, and other sectors in the total educative process of the youth shall be encouraged, supported and institutionalized. The mechanism of participation of different sectors shall be clearly defined by encouraging them to organize and be represented in a council/s where their participation is deemed necessary.
SEC. 9. Media of Instruction in Schools. - Filipino and English shall be the media of instructions in all schools in the region. Arabic and other regional languages shall be auxiliary media of instruction in public schools. In private Madaris and other Islamic institutions, Arabic shall be the official medium of instruction. However, shifting to the auxiliary vernacular shall be applied when teaching in the lower grade levels required to assist the slow learners.
SEC. 10. Teaching of Arabic as Subject. - Arabic instruction shall be made available to all pupils/students in all schools.
SEC. 11. Makabayan Subject Contents. - Filipino and Islamic values shall be incorporated in the Makabayan subjects in the elementary and secondary levels. Islamic values shall be taught also as a separate subject in the elementary and secondary levels of education.
SEC. 12. Curriculum and Textbook Development. - The development of curricula, textbooks and other instructional materials for the use of the schools in the region shall be the responsibility of the Autonomous Regional Government. Curriculum, textbooks and other instructional materials development shall be guided by the aims and purposes of the integrated education system as provided for in this Act.
Towards this end, a Curriculum and Textbook Development Services and its support machinery known as the Materials Development Center shall be created under the supervision of the Assistant Regional Secretary for Programs and Field Operations. This office shall be headed by a Chief Education Program Specialist and assisted by at least five Education Program Specialists and other technical and clerical staffs.
SEC. 13. Basic Education Development Plan and Program advocacies. - The development and preparation, implementation and management, as well as monitoring and evaluation of basic education development plan of the Region, Division, District and Schools, as a tool to achieve the goal of education in the autonomous region, and other educational program advocacies shall follow the constructivist principle of collegial and cordial sharing, collaboration and complementation, and transparent hierarchical involvement of education stakeholders.
SEC. 14. Relationship to National Education System. - The DepEd-ARMM shall have the same curricular years as that of the national educational system, provided that it shall have the power to adopt a 2-year childhood pre-school education or addition of one year grade level as the case may be. It shall have also the power to make its own basic educational plans and shall enjoy fiscal autonomy.
Chapter 2
The Department of Education in the Autonomous Region in Muslim Mindanao
SEC. 15. Name. - The Department of Education, Culture and Sports in the Autonomous Region in Muslim Mindanao is hereby renamed as the Department of Education or DepEd- ARMM.
SEC. 16. Powers and Functions. - The DepEd-ARMM shall perform the following powers and functions:
standards for transparent, effective and efficient implementation of plans and programs;
SEC. 17. Basic Education Structure. - The Basic Education Structure in ARMM shall involve the formal elementary and secondary education, including early childhood education, public and private madaris, alternative learning system, and informal education.
SEC. 18. Organization of the DepEd-ARMM. - The DepEd-ARMM shall consist of the Regional Office, Office of the Schools Divisions, District Offices and the Schools.
SEC. 19. Regional Office. - The Regional Office of the Department shall consist of the Office of the Regional Secretary; Office of the Undersecretary for Madaris and the bureaus under it, Assistant Regional Secretary for Support Services; Office of the Assistant Regional Secretary for Programs and Field Operations; Office of the Bureau Directors for Elementary, Secondary, Alternative Learning System, Physical Education and Sports Development, Research and Planning Services, Administrative and Finance Management including other divisions and sections/units therein.
The Division Field Offices shall consist of schools divisions, districts and schools therein.
SEC. 20. Qualifications. - No person shall be appointed Regional Secretary, Assistant Regional Secretary, and Bureau Director unless he is a natural-born citizen of the Philippines; a native inhabitant (or their descendants) of the ARMM; a registered voter in any province of the region for at least one year prior to appointment, with relevant supervisory and managerial experience and of proven integrity and honesty.
The Regional Secretary shall be a holder of a Doctorate degree; not below thirty-five (35) years of age at the time of his/her appointment; a member of the Regional Cabinet with Portfolio which shall be subject to confirmation by the Commission on Appointments of the Regional Assembly; with managerial skills and expertise and shall serve in office at the pleasure of the Regional Governor.
The Regional Undersecretary for Madaris shall preferably be a Graduate of Kuliyyah from any recognized Madrasah, local or international, with at least five (5) years of relevant experience in any supervisory and managerial position.
The Assistant Regional Secretary shall be at least a holder of Master‟s Degree in Education, with appropriate civil service eligibility, at least five years of relevant experience in any executive position.
The Bureau Directors shall be at least holders of Master‟s Degree in Education with three years relevant supervisory and managerial experiences and holder of appropriate Civil Service eligibility, except the Bureau Director for Madaris who shall be a holder of a degree in Islamic Studies with three years relevant supervisory and managerial
experiences.
SEC. 21. Salaries, Allowances and Other Incentives. - The Regional Secretary, Regional Undersecretary for Madaris, Assistant Regional Secretaries Bureau Directors, Schools Division Superintendents and Assistant Schools Division Superintendents shall receive an annual compensation, monthly representation and transportation allowance, other benefits and incentives as may be provided for by laws.
SEC. 22. Powers and Duties of the Regional Secretary. - The Regional Secretary shall exercise and perform the following powers and duties:
SEC. 23. Duties and Functions of the Undersecretary for Madaris. - The Undersecretary for Madaris shall perform the following duties and functions:
SEC. 24. Duties and Functions of the Assistant Regional Secretary for Support Services. - The Assistant Regional Secretary for Support Service shall perform the following duties and functions:
SEC. 25. Duties and Functions of the Assistant Regional Secretary for Programs and Field Operations. - The Assistant Regional Secretary for Programs and Field Operations shall perform the following duties and functions:
Article V hereof; and
Chapter 3
Bureaus in the Deped-ARMM
SEC. 26. Bureaus in the DepEd-ARMM. - The DepEd-ARMM shall consist of the Bureau of Elementary Education; Bureau of Secondary Education; Bureau of Alternative Learning System; Bureau of Research and Planning Services; Bureau of Physical Education and Sports Development; Bureau of Administrative and Financial Management Services; and the bureaus under the Madaris Education such as: Bureau on Arabic Language and Islamic Values Education (ALIVE), Bureau on Research and Curriculum Development (R&CD), Bureau on Accreditation and Regulation (AR), and Bureau on Human Resource and Development.
SEC. 27. The Bureau of Elementary Education. - The Bureau of Elementary Education shall be composed of a Director, and Subject Area Supervisors who shall be appointed by the Regional Governor upon recommendation of the Regional Secretary in accordance with paragraph 6, Section 22, Article II of MMA Act 279 and pertinent Civil Service rules and regulations. It shall perform the following functions.
SEC. 28. Specific Duties and Functions of the Director of the Bureau of Elementary Education. - The Director shall exercise supervision over the Elementary Education programs of the region and other field offices and perform the following duties and functions:
SEC. 29. Bureau of Secondary Education. - The Bureau of Secondary Education shall be composed of a Director and Subject Area Supervisors who shall be appointed by the Regional Governor upon recommendation of the Regional Secretary in accordance with paragraph 6, Section 22, Article II of MMA Act 279 and pertinent Civil Service rules and regulations. It shall perform the following functions.
SEC. 30. Specific Duties and Functions of the Director of the Bureau of Secondary Education. - The Director shall exercise supervision over the Secondary Education programs of the region and other field offices and perform the following duties and functions:
SEC. 31. Bureau of Research and Planning Services. - The Bureau of Research and Planning Services shall be composed of Director, and planning staffs who shall be appointed by the Regional Governor upon recommendation of the Regional Secretary in accordance with paragraph 6, Section 22, Article II of MMA Act 279 and pertinent Civil Service rules and regulations. It shall be responsible for providing the department with economical, efficient, and effective services relating to planning, programming, and project development and shall perform the following specific functions:
SEC. 32. Specific Duties and Functions of the Director of the Bureau of Research and Planning Services. - The Director shall exercise supervision over the regional planning and other field offices and in coordination with Bureau Directors and officers of the Department, perform the following duties and functions:
SEC. 33. Bureau of Physical Education and Sports Development. - This Bureau shall be headed by a Director, and assisted by Education Supervisors who shall be appointed by the Regional Governor upon recommendation of the Regional Secretary in accordance with paragraph 6, Section 22, Article II of MMA Act 279 and pertinent Civil Service laws, rules and regulations. It shall perform the following functions.
SEC. 34. Specific Duties and Functions of the Director of the Bureau of Physical Education and Sports Development. - The Director shall exercise supervision over the regional Physical Education and Sports Development programs and that of the field offices and perform the following duties and functions:
SEC. 35. Bureau of Alternative Learning System. - This Bureau shall be composed of a Director, and other education supervisors and staffs who shall be appointed by the Regional Governor upon recommendation of the Regional Secretary in accordance with paragraph 6, Section 22, Article II of MMA Act 279 and pertinent Civil Service rules and regulations. It shall perform the following functions.
SEC. 36. Specific Duties and Functions of the Director of the Bureau of Alternative Learning System (ALS). - The Director shall exercise supervision over the ALS programs in the region and other field offices and perform the following duties and functions:
SEC. 37. Bureau of Administrative and Financial Management Services. - This Bureau shall be headed by a Director and assisted by Assistant Director and support staff, who shall be appointed by the Regional Governor upon recommendation of the Regional Secretary in accordance with paragraph 6, Section 22, Article II of MMA Act 279 and pertinent Civil Service laws, rules and regulations.
The Director shall exercise supervision over Administrative and Financial Management Services in the region and other field offices and perform the following duties and functions:
SEC. 38. Madaris Education. - The Madaris Education shall be composed of the Office of the Undersecretary for Madaris Education and the four (4) bureaus under it. It shall administer, supervise and regulate all basic Madaris.
It shall perform the following functions:
SEC. 39. Duties and Functions of Bureau Directors Under Madaris Education. -The Bureau Directors shall exercise supervision over Madaris-related programs, projects and activities in the region and other field offices relevant to their respective duties and functions as follows:
Chapter 4
School Divisions and Districts, Other Field Offices and Schools
SEC. 40. Schools Divisions. - The DepEd-ARMM shall further consist of School Divisions in each province or city which shall be headed by a Schools Division Superintendent who shall be assisted by at least one Assistant Schools Division Superintendent and staff for programs, promotion, planning, administrative, fiscal, legal, auxiliary, and other support services. Other Divisions may be created subject to prescribed requirements and standards.
The Schools Division Superintendent and Assistant Schools Division Superintendent shall be appointed by the Regional Governor upon recommendation of the Regional Secretary in accordance with the qualification standards as provided in Section 45 of MMA Act 279.
SEC. 41. Qualification Standards of Schools Division Superintendent and Assistant Schools Division Superintendent. - No person maybe appointed Schools Division Superintendent or Assistant Schools Division Superintendent unless he is natural born citizen of the Philippines; a native inhabitant of the Autonomous Region; a registered voter in any province or city in the region for at least five years at the time of appointment.
The Schools Division Superintendent shall possess, at the time of his/her appointment, a Doctorate Degree in education; at least one year experience as Assistant Schools Division Superintendent; with relevant trainings; and possesses appropriate civil service eligibility.
The Assistant Schools Division Superintendent, at the time of his appointment, shall at least be a Master‟s Degree holder; five years of supervisory and administrative experiences; with relevant trainings; and possesses appropriate civil service eligibility.
The School Division Superintendent and Assistant School Division Superintendent shall serve not more than five years consecutively in a division and shall be transferred to another division in the region as may be determined by the Regional Secretary.
Consistent with the ARMM educational policies, plans and standards, the Schools Division Superintendent shall be responsible and accountable to the regional department for his authority to exercise and perform the following:
SEC. 42. School Districts. - There shall be School Districts within the School Divisions headed by a District Supervisor with Office Staff for program promotion. He shall be responsible to perform the following:
Upon recommendation of the Schools Division Superintendent, the Regional Secretary may establish additional school districts within a school division.
SEC. 43. Schools. - There shall be a school head for all public elementary schools and public high schools or a cluster thereof. The school head, who may be assisted by an assistant school head, shall be both an instructional leader and administrative manager. The school head shall form a team with the school teachers/learning facilitators for delivery of quality educational
programs, projects and services. A core of non-teaching staff shall handle the school‟s
administrative, fiscal and auxiliary services.
Consistent with the region‟s educational policies, plans and standards, the school heads shall have authority, accountability and responsibility for the following:
Upon recommendation of the Schools Division Superintendent, the Regional Secretary may establish additional elementary and secondary schools within a division.
The Regional Secretary of Education shall create a promotions board, at the appropriate levels, which shall formulate and implement a system of promotion for schools division supervisors, schools district supervisor, and school heads. Promotion of school heads shall be based on educational, qualification, merit and performance.
The qualifications, salary grade, status of employment and welfare and benefits of school heads shall be the same for public elementary, secondary and integrated schools.
SEC. 44. School Governing Councils. - There shall be School Governing Councils in every elementary and secondary schools and Madaris. Each School Governing Council shall be composed of the school head as Chairman with members from representatives of Local Government Units, Non-Government Organizations, Parents Teachers Community Association
and teachers‟ organization and Head of the Supreme Student Government duly selected from
among their ranks.
The Council shall serve as governing body of the school and shall spearhead the preparation and implementation of school improvement plans, assist in the recruitment of teachers, resource generation, and establishing linkages with other stakeholders of the school.
SEC. 45. Materials Development Center (MDC). - There shall be Materials Development Center in the DepEd-ARMM Regional Office which shall support the Curriculum and Textbooks Development Services. The Center shall operate as efficient service center to produce affordable support materials for teachers and students. It shall be committed to the production of low-cost but high-quality learning materials as a means to improve quality teaching and learning of the subject areas at the elementary and secondary levels through the Curriculum and Textbooks Development Services. It shall develop, produce and distribute teacher-support and student learning materials; and develops innovative tools and processes to produce and publish those materials for all DepEd-ARMM programs.
SEC. 46. Regional Professional Development Center (RPDC). - There is hereby created a Regional Professional Development Center in the DepEd-ARMM which shall serve as a hub of academic professional training for leadership, managerial, and staff development of regional and field education managers, school administrators, school heads, and teachers‟ skills enhancement. The RPDC shall be headed by a senior official who shall be organic member of DepEd-ARMM and assisted by qualified management and technical staff to manage the training activities and maintenance of the Center.
SEC. 47. Donor Convergence Committee for Basic Education (DCCBE) and Special Project Coordination Office (SPCO). - There is hereby created a Donor Convergence Committee for Basic Education (DCCBE) in DepEd-ARMM for purposes of sourcing funds and assistance and ensure availability of resources for basic education. It shall also serve as a mechanism for donor convergence and coordination in order to manage and consistently align donor activities with the policy direction of DepEd-ARMM, maximize gains and sustain donor- funded initiatives and institutionalize them within the context of ARMM. The Special Project Coordination Office (SPCO) shall serve as a secretariat of the DCCBE, implement policies, monitor and evaluate donor-funded projects on basic education.
Chapter 5 Miscellaneous Provisions
SEC. 48. Rights, Duties and Obligations of Parents, Students/Pupils, Teachers and School Administrators. - In addition to other rights, duties and obligations under existing laws, all parents, students/pupils, teachers and school administrators including academic staff shall have the rights, duties and obligations which shall be spelled out in the implementing rules and regulations of this Code.
SEC. 49. School Calendar. - DepEd-ARMM shall make an official issuance of school calendar days for every school year thereby determining the date of the opening and closing of classes, school days, number of school days, and those for regular national and regional holidays. School calendar must be made flexible during the month of Ramadhan.
SEC. 50. Logo. - DepEd-ARMM is authorized to adopt its own logo as a symbol of its identity. The present logo may continue to be used until a new official logo shall have been adopted.
SEC. 51. Specific Policy. - Nothing in this Code shall preclude the Regional Assembly from adopting such measures as may be necessary to strengthen the Regional Department of Education.
SEC. 52. Suppletory Clause. - The provisions of RA 9155, RA 9054 and other pertinent national education laws not herein provided which are consistent with this Code shall be applied in a suppletory manner.
Chapter 6 Higher Education
SEC. 53. CHED-ARMM.– The Commission on Higher Education in the Autonomous Region in Muslim Mindanao (CHED-ARMM) is hereby recognized as an independent and separate agency from the Department of Education.
SEC. 54. Higher Education Structure and Subsystem. – The Regional higher education structure and system shall follow the basic structure of the educational system and the same curricular years as those prescribed nationally.
SEC. 55. Coverage. – Within the powers granted herein, the CHED-ARMM shall cover all Higher Education Institutions (HEIs), such as: State Universities and Colleges (SUCs), CHED-Supervised Higher Education Institutions (CHEIs) and Private Higher Education Institutions (PHEIs), in ARMM as well as tertiary-degree programs in all post-secondary institutions in ARMM.
SEC. 56. Powers and Functions. – The powers and functions originally devolved to DepEd, pertaining to higher education, as stipulated in Executive Order No. 459, which were, however, transferred to the Commission by virtue of Republic Act (RA) No. 7722, otherwise known as the "Higher Education Act of 1994," are hereby adopted as powers and functions of
the CHED-ARMM.
SEC. 57. Specific Functions of the CHED-ARMM. - The CHED-ARMM shall be specifically charged to administer, supervise, and promote higher education as well as degree- granting programs in all higher education institutions in the region, and to perform the following functions:
SEC. 58. CHED-ARMM Organizational Structure. – The CHED-ARMM organizational structure is composed of the Office of the Commission, Office of the Regional Chairperson/Managing Commissioner, the Administrative and Finance Services, the Technical Services, the Higher Madaris Services, the Provincial Monitoring Offices and the CHED-
ARMM Supervised Higher Education Institutions (HEIs).
SEC. 59. Composition of the Commission. – The Commission shall be composed of a Chairperson and two (2) Commissioners who shall be appointed by the Regional Governor and serve for a term of four (4) years each, without prejudice to re-appointment. They shall continue to hold office until their successors are appointed and qualified.
SEC. 60. Programs and Projects of the Commission. – All programs and projects of the CHED National and other agencies relating to higher education, whether locally-funded or foreign-assisted, earmarked for or to be implemented in the ARMM, including scholarships and grants, shall be transferred and administered by the CHED-ARMM, including their
corresponding budgets and assets.
SEC. 61. Regulatory Functions. – The powers and functions to grant authority to establish and operate new private schools/programs on higher education in the ARMM, and the cancellation and/or withdrawal of recognition, restoration of canceled or revoked government recognition, shall be vested upon the CHED-ARMM.
SEC. 62. The Chairperson as Managing Commissioner. - The Regional Chairperson shall also be the Managing Commissioner who will directly manage the affairs of the Commission. He/she shall preside the Commission when it convenes en banc as a collegial body in the formulation of higher education policies, and rules and regulations of regional application.
SEC. 63. The two (2) Commissioners shall serve as Deputy Commissioners for Administration and Finance and for Technical Services.
SEC. 64. Qualifications. – The CHED-ARMM Chairperson and the two (2) Commissioners must be holders of doctorate degrees who have been actively engaged in higher education in the ARMM for at least seven (7) years and must not have been candidates for any elective position in the elections immediately preceding their appointment. They must be academicians known for their high degree of professionalism and integrity and must have been distinguished in their respective fields of learning.
SEC. 65. Term of Office. – The CHED-ARMM Chairperson and the two (2) Commissioners shall serve for a term of four (4) years each, without prejudice to re-appointment. They shall continue to hold office until their successors are appointed and qualified: Provided that this provision shall not affect the tenure of office of the incumbent Chairperson.
Should any of the two (2) Commissioners fail to finish their terms, the successor(s) shall be appointed by the Regional Governor but only for the unexpired portion of the term(s).
SEC. 66. Ranks and Emoluments. – The CHED-ARMM Chairperson and the two (2) Commissioners shall have the same rank as a Department Secretary and Undersecretaries, respectively, and shall receive the corresponding salary and other emoluments.
SEC. 67. CHED-ARMM Board. – There shall be maintained a CHED-ARMM Board which shall convene at least once a year to assist the Commission in aligning its policies and plans with the cultural, political and socio-economic development needs of ARMM, which shall be composed of the following, namely:
Regional Planning and Development Office Member
Higher Education Institutions within ARMM Member
Education in ARMM Member
Two (2) additional members may be appointed by the Regional Governor upon recommendation of the CHED-ARMM.
Except as may otherwise be agreed upon, the CHED-ARMM Board of Advisers shall convene every last Thursday of April each year.
SEC. 68. CHED-ARMM Technical Panel. - The CHED-ARMM shall have the CHED- ARMM Technical Panels (TPs) for the different disciplines/programs which shall be composed of senior academicians in the ARMM and who shall act as technical advisers to the CHED- ARMM. The members of the CHED-ARMM TPs shall be appointed by the CHED-ARMM.
SEC. 69. Technical Services. - The Technical Services which shall primarily be responsible for the Technical Management and Operation of the Regional Commission shall be headed by a Director II and shall be assisted by a Chief Education Program Specialist. It shall be supported by the following units: Policy Planning Unit (PPU), Higher Education Management Information System Unit (HEIMISU), Higher Education Development Fund Unit (HEDFU), and Legal Unit (LU). The PPU and the LU shall be headed by a Planning Officer II and a Legal
Officer II, respectively; and the HEDFU and HEIMISU, each headed by an Education Supervisor II.
SEC. 70. Divisions Under the Technical Services. - The Technical Services shall consist of the Scholarship and Student Services Division (SSSD), Research and International Affairs Division (RIAD), Programs and Standards Division (PSD), and the Special Programs Division (SPD). Each Division shall be headed a Division Chief.
SEC. 71. Administrative and Financial Services. - The Administrative and Financial Services shall be responsible on the general supervision over the financial and administrative functions of the CHED-ARMM and shall be composed of two divisions: (1) the Administrative Division which is consisted by the Personnel, Records, Supply, and General Services Sections and (2) the Financial Management Division which is consisted by the Budget, Accounting and Cash Sections.
The Administrative and Financial Services shall be headed by Director II, the Financial Management Division shall be headed by Financial Management Officer II and the Administrative Division shall be headed by Chief Administrative Officer.
SEC. 72. The Higher Madaris Services. - The Higher Madaris Services shall be headed by Director II who shall be assisted by Chief Education Program Specialist. It shall be responsible for the implementation, development, supervision and monitoring of all higher education programs related to or addressing the needs of Higher Madaris in ARMM. It shall be headed by Director II and assisted by Chief Education Program Specialist for each division under this Services.
SEC. 73. Provincial Monitoring/Field Offices. - There shall be established CHED- ARMM Monitoring Offices in the component provinces and city of the ARMM which shall be headed by Supervising Education Program Specialist with at least three (3) staff/personnel.
SEC. 74. Availment of the Higher Education Development Fund (HEDF). – The Autonomous Regional Government may avail of the HEDF through the CHED-ARMM and based on projects and programs approved by the Commission for ARMM.
SEC. 75. HEDF Administration. – The CHED-ARMM shall administer that portion of HEDF pertaining to programs and projects approved by the Commission for ARMM in accordance with the guidelines set by the Commission.
SEC. 76. Budget and Allocation of CHEIs within ARMM. – The budget and allocation of CHEIs within ARMM shall be transferred through the CHED-ARMM.
SEC. 77. Allocation to the CHED-ARMM. – The CHED-ARMM shall be considered as one of the Commission‟s Higher Education Regional Offices (HEROs) for the purpose of resource allocation. Support programs, projects and equipment allocated to other HERO‟s shall similarly be allocated to the CHED-ARMM.
SEC. 78. Scholarship Allocation from the ARMM Local Fund. - The Autonomous Regional Government through the Regional Assembly shall provide scholarships to qualified,
poor, disadvantaged but deserving students in all levels of education by devoting at least fifteen percent (15%) of its regular budget for education to support scholarships and shall endeavor to augment the fund for scholarships from other sources of revenue, public or private.
SEC. 79. Standard Setting. – The rules and regulation which may be formulated by the CHED-ARMM for the implementation of programs and policies on higher education in ARMM must be consistent with the standards set by the CHED National.
SEC. 80. Academic Freedom and Fiscal Autonomy. - SUC shall be part of the regional educational subsystem within the autonomous region and shall enjoy academic freedom and fiscal autonomy and shall continue to be governed by their respective charters. The provisions of existing laws to the contrary notwithstanding, the Autonomous Regional Government shall be represented in the Board of SUCs in the Region by the Chair of the Committee on Education, Culture and Sports of the Regional Assembly either as co-chair or co- vice chair in accordance with Section 8, Article XIV of RA 9054.
SEC. 81. Education Centers. - All state colleges and universities in the ARMM shall serve as regional centers for tertiary and post-graduate education in their respective areas of competence.
SEC. 82. Tribal University. - The Autonomous Regional Government may create a tribal university system within ARMM to address the higher educational needs of the indigenous cultural communities in the region. The Regional Commission shall undertake studies on how to efficiently and effectively establish the Regional Tribal University.
TITLE IV
ENVIRONMENT AND NATURAL RESOURCES
Chapter 1 General Provision
SECTION 1. Declaration of Policy. - (1) The control and supervision over the exploration, utilization, development, and protection of the mines and minerals and other natural resources within the autonomous region is vested in the Autonomous Regional Government in accordance with the Constitution and the pertinent provisions of the Organic Act and existing
laws including the Indigenous People‟s Rights Act;
SEC. 2. Mandate. - The Department is mandated to protect, explore, develop, utilize the natural resources, including surface and sub-surface rights, in-land and coastal waters, and renewable and non-renewable resources in the autonomous region and ensure the sustainable development of these resources. Muslims and other indigenous cultural communities shall, however, have priority rights to explore, develop and utilize the said resources in the areas designated as parts of their respective ancestral domains.
SEC. 3. Powers and Functions. - The Department shall have the following powers and functions.
integral part of this Code in so far as they are applicable;
SEC. 4. Organizational Structure. - The Department shall consist of the Department Proper, the Services, the Line Bureaus, the Provincial Offices, and Community Offices. The Line Bureaus are composed of the following: 1) Environmental Management Bureau, 2) Forest Management Bureau, 3) Land Management Bureau, 4) Protected Areas & Wildlife Bureau, 5) Ecosystem Research & Development Bureau, and 6) Mines & Geosciences Bureau.
Chapter 2 Department Proper
SEC. 5. Department Proper. - The Department Proper is composed of the Office of the Regional Secretary and two (2) Assistant Regional Secretaries.
SEC. 6. Office of the Regional Secretary. - The Office of the Regional Secretary shall be composed of the Regional Secretary, his/her immediate staff, the Legal Affairs Office, the Public Affairs and Liaison Unit and the Internal Control Unit (ICU).
The Legal Affairs Office which shall be headed by a Division Chief, shall provide the Department with legal services and matters on proposed legislations.
The Public Affairs and Liaison Unit in the Office of the Regional Secretary shall provide public information services and publications as well as coordinate and mobilize volunteers, non- governmental organizations and cause-oriented groups in partnership with the Department.
SEC. 7. Assistant Regional Secretaries. - The Regional Secretary shall be assisted by two (2) career Assistant Regional Secretaries.
SEC. 8. Functions of the Assistant Regional Secretary for Lands, Environment and Forestry (LEF). - The Assistant Regional Secretary for Lands, Environment and Forestry shall perform the following functions:
SEC. 9. Functions of the Assistant Regional Secretary for Protected Areas, Research and Mines (PARM). - The Assistant Regional Secretary for Protected Areas, Research and Mines shall perform the following functions:
Chapter 3 Department Services
SEC. 10. Department Services. - The Department Services shall be as follows:
Chapter 4 Bureaus
SEC. 11. Forest Management Bureau. - The Forest Management Bureau shall be headed by a Director II who shall assist the Assistant Regional Secretary for LEF on matters pertaining to forest development and conservation. As its primary functions, the bureau shall:
SEC. 12. Land Management Bureau. - The Land Management Bureau, to be headed by a Director II, shall absorb the functions and powers of the Bureau of Lands abolished by Presidential Executive Order No. 131, except those line functions and powers thereof which are transferred to the regional field offices. In addition, it shall assist the Assistant Regional Secretary for LEF on matters pertaining to the rational management and disposition of lands and shall perform the following functions:
SEC. 13. Mines and Geosciences Bureau. - The Mines and Geosciences Bureau shall be headed by a Director II who shall assist the Assistant Regional Secretary for PARM on
matters pertaining to geology and mineral resources exploration, development, utilization and conservation; and shall:
SEC. 14. Environmental Management Bureau. - The Environmental Management Bureau shall be headed by a Director II who shall assist the Assistant Regional Secretary for LEF on matters relating to environmental management, conservation and pollution control and shall:
SEC. 15. Ecosystems Research & Development Bureau. - The Ecosystems Research and Development Bureau shall be headed by a Director II. It shall:
SEC. 16. Protected Areas and Wildlife Bureau. - The Protected Areas and Wildlife Bureau shall be headed by a Director II, shall:
Chapter 5 Field Offices
SEC. 17. Field Offices of the Department. - The Field Offices of the Department are the Provincial Environmental and Natural Resources Offices in every province and the Community Environment and Natural Resources Office in every legislative district as necessary.
SEC. 18. Provincial and Community Offices. - The Provincial and Community Offices shall be headed by a Provincial Natural Resources Officer and Community Natural Resource Officer, respectively.
TITLE V HEALTH
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. - The Autonomous Regional Government shall protect and promote the right to health of the people and instill health consciousness among them; adopt an integrated and comprehensive approach to health development, with priority for the underprivileged sick, elderly, disabled, women and children; endeavor to make essential goods, health and other social services available to all the people at affordable cost; establish and maintain an effective food and drug regulatory system; and undertake appropriate health manpower development and research, responsive to the ARMM's health needs and problems.
SEC. 2. Mandate. - The Department shall be primarily responsible for the formulation, planning, implementation, and coordination of policies and programs in the field of health. The primary function of the Department is the promotion, protection, preservation or restoration of the health of the people through the provision and delivery of health services and through the regulation and encouragement of providers of health goods and services attuned to and in pursuance with Islamic faith and teachings.
SEC. 3. Powers and Functions. - The Department shall:
SEC. 4. Organizational Structure. - The Department shall consist of the Department Proper, Provincial Health Offices, District Health Offices as well as ARMM retained hospitals and rural health units and barangay health stations.
Chapter 2 Department Proper
SEC. 5. Office of the Regional Secretary. - The Office of the Regional Secretary shall consist of the Regional Secretary and his/her immediate staff; the Regional Epidemiology & Surveillance Unit (RESU); the Health Emergency Management Unit (HEMU); the Management Support Divisions under it.
SEC. 6. Office of the Assistant Regional Secretaries. - The Regional Secretary shall be assisted by two (2) career Assistant Regional Secretaries.
SEC. 7. Functions of the Assistant Regional Secretaries. - The two (2) career Assistant Regional Secretaries shall perform the following functions:
Chapter 3 Department Services
SEC. 8. Services of the Department. - The Department Services shall consist of Field Health Services and the Hospital Operations which shall be supported by the following divisions
SEC. 9. Field Health Services. - The field health services shall be delivered through the Integrated Provincial/ City Health Offices.
SEC. 10. Hospital Operations. - The hospital operations shall be implemented by ARMM retained hospitals.
Chapter 4
Integrated Provincial Health Offices (IPHO) and City Health Offices (CHO)
Subject to Section 3, Article III and Section 1, Article IV of RA 9054 mandating the Regional Government to adopt a policy on local autonomy whereby regional powers shall be devolved to local government units, provincial/city health offices, district health offices, district
hospitals, municipal hospitals, rural health units and barangay health stations shall be governed by the following:
SEC. 11. Provincial/City Health Offices. - The Provincial/City Health Office shall be the Department agency in the province/city. It shall exercise supervision and control over district health offices and other field units of the department in the province/city, except those otherwise placed under the Department Proper.
The said IPHO/CHO shall be headed by a Provincial/City Health Officer II assisted by two Provincial/City Health Officer I, one for public health activities and the other for hospital operations. The Provincial/City Health Officers and Assistant Provincial/City Health Officers shall be appointed by the Regional Governor and their deployment shall be made by the Regional Secretary.
SEC. 12. District Health Office. - The District Health Office shall exercise administrative supervision and control over district hospitals, municipal hospitals, rural health units, barangay health stations and all other Department units in the health district, except those offices/units that are explicitly placed under the supervision and control of either DOH-ARMM or DOH National, as the case may be.
The District Health Office shall be headed by a Chief of Hospital and shall also serve as head of all field units in the district. Chief of Hospital shall be appointed by the Regional Governor and their deployment from district to district shall be made by the Regional Secretary.
SEC. 13. Rural Health Centers. - The Department shall review and monitor the establishment, operation and maintenance of rural health centers, barangay health stations funded by local governments. Rural health units are headed by rural health physicians to be appointed pursuant to existing laws. Proposals for integrating locally funded health agencies under the supervision and control of the Department without regard to the sourcing of funds shall be made by the Department for the appropriate local government's approval. Any such agreement shall be allowed and, whenever possible, funding from national sources may be extended to achieve a nationally integrated government health service under the Department.
Chapter 5 Hospital Services
SEC. 14. Hospitals. - Hospitals shall be the principal implementers of appropriate curative services. They shall be the institutions that will develop an effective network of facilities which are available, accessible, acceptable and affordable.
SEC. 15. Hospital Operations. - The hospital operations shall be implemented through the following:
SEC. 16. Classification of Hospitals. - Hospitals shall be classified according to:
SEC. 17. Hospital General Services. - All hospitals shall provide among others services such as:
Chapter 6 Program Units and Offices
SEC. 18. Integrated Maternal and Child Health Care and Nutrition Unit. - The Integrated Maternal and Child Health and Nutrition Unit shall formulate plans, policies, programs, standards and techniques relative to maternal and child health; provide consultative training and advisory services to implementing agencies; and conduct studies and research related to health services for mothers and children. to family planning in the context of health and family welfare; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to family planning as well as nutrition services in the context of primary health care, provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to nutrition.
SEC. 19. Environmental, Sanitation and Occupational Health Unit. - The Environmental, Sanitation and Occupational Health Unit shall formulate plans, policies, programs, standards and techniques relative to environmental health and sanitation; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to environmental health. As well as regulations on occupational standards for industries, manufacturing companies to ensure that establishments and institutions, facilities shall ensure the health and welfare of their workers through healthy conducive safe workplace in
consonance with the provisions of "industrial Hygiene" and Occupational Toxicology" of the
Code of Sanitation of the Philippines (Presidential Decree 856) and its implementing rules and
regulations.
SEC. 20. The Dental Health Unit. - shall formulate plans, policies, programs, standards and techniques relative to dental health services; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to dental services.
SEC. 21. Infectious Disease Control Unit. - The Infectious Disease Control Unit shall formulate plans, policies, programs, standards and techniques relative to the control of communicable diseases, specifically on the major causes or mortality and morbidity, such as leprosy, sexually transmitted infections, filariasis tuberculosis, schistosomiasis, soil transmitted diseases, dengue, malaria including emerging diseases like meningocsimia, SARS, Avian Influenza and other infectious diseases ; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to these other communicable diseases.
SEC. 22. Chronic Disease Control Unit. - The Chronic Disease Control Unit shall formulate plans, policies, programs, standards and techniques relative to the control of non- communicable diseases; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to mental illness, cardiovascular-diseases, cancer, other non-communicable diseases.
SEC. 23. Hospital Operations, Maintenance and Management Unit. - The Hospital Operations and Management Unit shall formulate and implement plans, programs, policies, standards and techniques related to management improvement and quality control of hospital operations; provide consultative, training and advisory services to field offices in relation to the supervision and management of hospital components; and conduct studies and research related to hospital operations and management. The unit shall also formulate and implement plans, programs, policies, standards and techniques related to assuring the proper maintenance of Department equipment; provide consultative, training and advisory services to implementing agencies in relation to preservation, repair and maintenance of medical and non-medical equipment of the Department; and conduct studies and research related to equipment and facility maintenance.
SEC. 24. Regional Unified Planning Management Unit. - This Unit shall formulate and implement plans, policies, programs, standards and techniques related to development and preservation of health infrastructure; health programs assessment and evaluation, provide consultative, training and advisory services to implementing agencies in relation to health program implementation and infrastructure projects to assure economical and efficient implementation; and conduct studies and research related to infrastructure development, utilization and sustainability.
SEC. 25. Licensing, Regulation, Research and Development Unit. - This Unit develop and formulate plans, standards and policies for the establishment and accreditation and licensing of hospitals, clinics, allied health facilities, lying in, pharmacies, laboratories; blood banks and entities handling biological products, provide consultative, training and advisory services to public and private laboratories; and conduct studies and research related to laboratory procedures and operations, establish standards that shall be the basis of inspections and licensure procedures of the Department's field offices; and provide consultative, training and advisory services to field offices on the conduct of licensing and regulatory functions over hospitals, clinics and other health facilities.
SEC. 26. Food and Drugs Regulation Unit. - This Unit shall act as the policy formulation and sector monitoring arm of the Secretary on matters pertaining to foods, drugs, traditional medicines, cosmetics and household products containing hazardous substances, and the formulation of rules, regulations and standards as provided for in Republic Act 3720 (1963), as amended by Executive Order No. 175, s. 1987, and other pertinent laws for their proper enforcement; prescribe general standards and guidelines with respect to the veracity of nutritional and medicinal claims in the advertisement of food, drugs and cosmetics in the various media, to monitor such advertisements; advise the Department's field offices to call upon any erring manufacturer, distributor, or advertiser to desist from such inaccurate or misleading nutritional or medicinal claims in their advertising; should such manufacturer, distributor, or advertiser refuse or fail to obey the desistance order issued by the Department through the recommendation of this unit he/she shall be subject to the applicable penalties as may be
prescribed by law and regulations; the Bureau shall provide consultative, training and advisory services to all agencies and organizations involved in food and drug manufacturing and distribution with respect to assuring safety and efficacy of food and drugs; conduct studies and research related to food and drug safety; maintain a corps of specially trained food and drugs inspectors for assignment to the various field offices of the Department; while these inspectors shall be under the technical supervision and guidance of the unit, they shall be under the administrative supervision of the head of the field office to which they shall be assigned, the latter being responsible for regulatory program implementation within the geographic area of his/her jurisdiction.
The Unit shall coordinate and work hand in hand with ARMM Halal Accreditation Board in the effective implementation of Halal laws in ARMM and for other purposes.
SEC. 27. Quarantine Office. - The Regional Quarantine Office shall formulate and implement quarantine laws and regulations.
Chapter 7
Health Promotion and Communication
SEC. 28. Health Education and Counseling. - The Regional Department of Health, in collaboration with Muslim religious leaders, the Department of Education, Department Of Social Welfare and Development, and other regional line agencies shall integrate and promote health education in consonance with Islamic faith particularly on human sexuality, disease prevention, and healthy lifestyle.
SEC. 29. Health Information Education and Communication (IEC). - The Department shall adopt a user friendly, culturally sensitive and pro Islamic IEC materials that shall be made available to enhance the promotion of health programs and activities to stakeholders thereby advocating Islamic Health Brand "Shihah lil Jamie" or Health for All.
Chapter 8
Epidemiology, Surveillance and Health Emergency Management
SEC. 30. Health Emergency Management. - The Regional Department of Health will provide plans and policies that will reduce the impact of calamity in time of disasters.
SEC. 31. Epidemiology and Surveillance. - The department shall set priority plans and programs, and take actions to protect public health through timely reporting and response as well as analysis on the basis of epidemiological survey and result of health surveillance in accordance with existing laws.
Chapter 9
Other Programs and Services
SEC. 32. Medical/ Surgical/ Dental Out-Reach Program. - The Autonomous Regional Government through the department of health shall institutionalize medical, surgical and dental outreach programs for the people in the remote and depressed and those areas affected by natural and man-made calamities.
SEC. 33. Emerging and Re-Emerging Diseases Program. - The Autonomous Regional Government through the regional department of health shall formulate integrated preparedness and response plan to combat, avert, and/or minimize the overall impact of Avian Influenza, Severe Acute Respiratory Syndrome and Meningococcemia.
SEC. 34. Partnership for Community Health Development. - The Autonomous Regional Government through the department of health in partnership with local government units shall educate and empower the people in the community towards self reliance for the betterment of their health and well being.
TITLE VI LOCAL GOVERNMENT
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. - The Autonomous Regional Government shall ensure the autonomy of local governments units. For this purpose, it shall provide for a more responsive and accountable local government structure instituted through a system of decentralization. The allocation of powers and resources to local government units shall be promoted, and inter-local government grouping, consolidation and coordination of resources shall be encouraged. The Autonomous Regional Government shall guarantee the local government units their just equitable share in the proceeds from the use of natural resources, and afford them wider latitude for resources generation.
SEC. 2. Mandate. - The Department shall assist the Regional Governor in the exercise of general supervision over local governments and in ensuring autonomy, decentralization and community empowerment.
SEC. 3. Powers and Functions. - To accomplish its mandate, the Department shall:
SEC. 4. Organizational Structure. - The Department shall consist of the Department Proper, the Services and the Provincial Offices.
Chapter 2 Department Proper
SEC. 5. Department Proper. - The Department Proper is composed of the Office of the Regional Secretary and two (2) Assistant Regional Secretaries.
SEC. 6. Office of the Regional Secretary. - The Office of the Regional Secretary shall be composed of the Regional Secretary, his/her immediate staff, the Legal Affairs Division (LAD), and the Internal Control Unit (ICU).
approval of the latter, to the Office of the Regional Governor, or to the Civil Service Commission, as the case may be;
SEC. 7. Office of the Assistant Regional Secretary for Planning, Policy Formulation, Capacity Development and Operations. – The Office of the Assistant Regional Secretary for Planning, Policy Formulation, Capacity Development and Operations is composed of the Office
of the Director for Technical Services and the Divisions and Sections under it. The Local Governance Regional Resource Center (LGRRC) shall be under the office of the Assistant Regional Secretary for Planning, Policy Formulation, Capacity Development and Operations.
SEC. 8. Office of the Assistant Regional Secretary for Administration and Finance.
– The Office of the Assistant Regional Secretary for Administration and Finance is composed of
the Office of the Director for Staff Support Services (SSS) and the Divisions and Sections under
it.
Chapter 3 Department Services
SEC. 9. Office of the Assistant Regional Secretaries. - The Regional Secretary shall be assisted by two (2) Career Assistant Regional Secretaries, one for Policy Formulation, Capacity Development and Operations, and the other for Administration and Finance.
SEC. 10. Functions of the Assistant Regional Secretaries. - The Assistant Regional Secretaries shall have the following functions:
Local Governance Regional Resource Center (LGRRC). The Local Governance Regional Resource Center headed by the Assistant Regional Secretary for Planning, Policy Formulation, Capacity Development and Operations, as Program Manager, shall serve as Knowledge Center of the Department and shall perform the following functions:
The Assistant Regional Secretary for Planning, Policy Formulation, Capacity Development and Operations shall:
SEC. 11. Technical Services. - The Technical Services shall be headed by a Director II that shall assist the Regional Secretary in planning, policy formulation, research and LGU monitoring and capacity development. It is composed of the following divisions: (a) Local Government Operations Division, (b) Local Government Development Division and (c) Planning, Policy Formulation, Research and Capacity Development Division.
The Local Government Operations Division shall be headed by a Local Government Operations Officer VII assisted by a technical and support staff.
The Local Government Development Division shall be headed by a Local Government Operations Officer VII assisted by a technical and support staff.
The Planning, Policy Formulation, Research and Capacity Development Division shall be headed by a Local Government Operations Officer VII assisted by a technical support staff.
SEC. 12. Staff Support Services. - The Staff Support Services is headed by a service Director II to be appointed by the Regional Governor upon the recommendation of the Department Secretary. The Director II shall supervise the Administrative and Finance Divisions and its corresponding Sections/Units therein.
The Administrative Division shall have the following functions:
Chapter 4
The Provincial/City Offices and Municipal Field Units
SEC. 13. DILG Provincial/City Offices. - There shall be one Provincial/City Office to be established, operated and maintained in each of the Provinces and component cities of the region. A Provincial/City Office shall have the following functions:
People‟s Organization (POs) and the Indigenous Groups; and
SEC. 14. Composition of Provincial Offices. - The DILG Provincial Office shall be headed by a Provincial Director or Local Government Operations Officer VIII to be assisted by an Assistant Provincial Director or Local Government Operations Officer VII.
The Administrative and Finance Section shall be headed by a Local Government Operations Officer V with a support staff designated by the Provincial Director and concurred by the Regional Secretary, performs the following:
The Operations Section shall be headed by a Local Government Operations Officer V with a technical and support staff designated by the Provincial Director with the concurrence of the Regional Secretary. It shall perform the following functions:
The Development Section shall be headed by a Local Government Operations Officer V with a technical and support staff designated by the Provincial Director with the concurrence of the Regional Secretary. It shall perform the following functions:
The Division/Section Heads shall be appointed by the Regional Secretary upon the recommendation of the Provincial Director and must possess the education, experience, training and appropriate civil service eligibility required for the position. The heads of divisions shall oversee the management of personnel and work assignment of the section and units therein. The Provincial Director is authorized to recommend to the Regional Secretary for the creation of divisions/sections/units as needed of the exigency of public service.
SEC. 15. Municipal Field Units.- The Municipal Field Unit is headed by a Municipal Local Government Operations Officer V and is primarily responsible in the administration, implementation and monitoring of Department‟s policies, plans, programs, projects and activities in the municipal level. The head of the municipal field units shall be appointed by the Regional Secretary upon the recommendation of the Provincial Director and must possess the education, experience, training and appropriate civil service eligibility required for the position.
TITLE VII
LABOR AND EMPLOYMENT
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. - The Autonomous Regional Government recognizes labor as a primary social economic force for development. It shall afford full protection to labor, promote full employment, ensure equal work opportunities regardless of gender, race, or creed, regulate the relations between workers and employer, and promote the right of labor to its just share in the fruits of production, and the right of enterprise to reasonable returns on investments and to expansion and growth.
SEC. 2. Mandate. - The Department shall be the primary policy-making, programming, coordinating and administrative entity of the Executive Branch of the Autonomous Regional Government in the field of labor and employment. It shall assume primary responsibility for:
SEC. 3. Powers and Functions. - The Department of Labor and Employment shall:
SEC. 4. Organizational Structure. - The Department shall consist of the Department Proper, the Finance and Administrative Division; Employment Promotion and Manpower Development Division; Labor Standards Employment Division; Workers‟ Amelioration & Welfare/ Women & Young Workers Division; Industrial Labor Relations Division; Labor & Employment Statistics Division; the Provincial Field Units, and the agencies or offices attached to it.
Chapter 2 Department Proper
SEC. 5. Office of the Regional Secretary. - The Office of the Regional Secretary shall consist of the Regional Secretary and his/her immediate staff.
SEC. 6. Office of the Assistant Regional Secretary. - The Office of the Regional Secretary shall consist of the career Assistant Regional Secretary and his/her immediate staff.
SEC. 7. Functions of the Assistant Regional Secretary. - The Assistant Regional Secretary shall perform the following specific functions:
Relations Division, Women and Young Workers Division, Labor and Statistics Division, and the Planning and Information Unit;
SEC. 8. Functions of Administrative and Finance Division. - The division shall have the following functions:
Chapter 3 Department Services
SEC. 9. Programs and Operations. - The Programs and Operations shall be composed of the following divisions:
conditions or circumstances prejudicial to his/her physical, mental, emotional, social and moral development;
(j) Perform such other functions as may be provided by law.
Chapter 4 Provincial Field Units
SEC. 10. Provincial Field Units. - The Department shall establish a Provincial Field Unit in each of the provinces of the Autonomous Region in Muslim Mindanao to promote economy and efficiency in the delivery of its services. Each Provincial Field Unit shall be headed by a Supervising Labor and Employment Officer with at least three (3) staff.
SEC. 11. Functions of the Provincial Field Units. - The Provincial Field Units shall:
Chapter 5 Department Attached Agencies
SEC. 12. Attached Agencies. - The following agencies shall be attached to the Department for policy and programs coordination or administrative supervision:
SEC. 13. Policy Coordination. The following agencies shall be attached to the Department for policy coordination:
Chapter 6
Regional Conciliation and Mediation Board (RCMB)
SEC. 14. Mandate, Powers, and Functions. - The Regional Conciliation and Mediation Board shall have the following mandates, powers and functions:
SEC. 15. Composition of the RCM Board. - The composition of the Board shall be patterned to that of the Central Office and determined upon its devolution to the Autonomous Regional Government.
SEC. 16. The Powers and Functions of the RCM Board. - The powers and functions of the Board shall be determined upon its devolution from the national government to the Autonomous Regional Government.
SEC. 17. The RCMB Executing Office. - The RCMB shall have an executing office to be headed by Director I who shall exercise general supervision over the administrative and technical operations of the agency, to be appointed by the Regional Governor.
The structure and staffing pattern of the office shall be subject to the terms and conditions of its devolution to the Autonomous Regional Government.
Chapter 7
Philippine Overseas and Employment Administration (POEA)
SEC. 18. Mandate, Powers and Functions. - The mandate, powers, and functions of the Philippine Overseas and Employment Agency have the following mandate, powers and functions:
SEC. 19. The Office of the Regional Administrator. - The agency shall be headed by Regional Administrator with a rank of Director I, who shall exercise general supervision over the administrative and technical operations of the agency, who shall be appointed by the Regional Governor.
The structure and staffing pattern of the office shall be subject to the terms and conditions of its devolution to the Autonomous Regional Government.
However, the present skeletal workforce of POEE-ARMM shall continue to perform their duties and responsibilities as they already acquired the necessary trainings and experiences and are well-immersed in the systems and procedures for the effective and economical delivery of the agency services to Oversees Filipino Workers.
Chapter 8
Regional Labor Relations Commission (RLRC)
SEC. 20. Mandate, Powers and Functions. - The Commission shall have the following mandate, powers and functions:
SEC. 21. Composition. – The composition of the Commission shall be patterned to that of the central government and shall be subject to the terms and conditions of its devolution to the Autonomous Regional Government.
SEC. 22. Powers and Functions of the Commission. - The powers and functions of the commission shall be determined upon its devolution to the Autonomous Regional Government.
SEC. 23. The Office of the Regional Executive Labor Arbiter. - The office shall have Regional Executive Labor Arbiter, with salary grade of 27, who shall exercise general supervision over the administrative and technical operations of the agency, a bona fide member of the Philippine Bar and to be assisted by Assistant Labor Arbiter, with salary grade of 25, who shall both be appointed by the Regional Governor.
The structure and staffing pattern of the agency shall be subject to the terms and conditions of its devolution to the Autonomous Regional Government.
Chapter 9
Regional Tripartite and Wages Productivity Board (RTWPB)
SEC. 24. Mandate, Powers and Functions. - The Board shall have the following mandate, powers and functions:
SEC. 25. Composition of Board. – The Board shall be composed of the Regional Secretary of DOLE –ARMM as Chairperson, the Regional Secretary of Department of Trade and Industry-ARMM and the Executive Director of Regional Planning and Development Office-
ARMM as members, two (2) representatives from the employer sectors and two (2) representatives from the workers sectors. It shall have its Board Secretariat to be headed by Board Secretary VI.
Chapter 10
Overseas Workers Welfare Administration (OWWA)
SEC. 26. Mandate, Powers and Functions. - The mandate, powers and functions of the Overseas Workers Welfare Administration shall be as follows:
SEC. 27. Composition of the OWWA Board. – The composition of the Board shall be patterned to that of the national office and shall be determined upon its devolution to the Autonomous Regional Government.
SEC. 28. Powers and Functions of the OWWA Board. – The powers and functions of the Board shall be determined upon its devolution to the Autonomous Regional Government.
SEC. 29. The Office of the Administrator. - OWWA shall have an executing office to be headed by an Administrator with the rank of a Director II and must possess the appropriate civil service eligibility. He/she shall be appointed by the Regional Governor.
Chapter 11
Technical Education and Skills Development Authority (TESDA)
SEC. 30. Declaration of Policy. - It is the policy of the Autonomous Regional Government to provide relevant, accessible, high quality and efficient technical education and skills development in order to produce high quality middle level manpower in the Autonomous Region.
The Autonomous Regional Government shall encourage active participation of all stakeholders in the technical education and skills development.
SEC. 31. Mandate. - The Technical Education and Skills Development Authority (TESDA) is mandated to provide quality technical education and skills development to the people in the Autonomous Region.
SEC. 32. Powers and Functions of TESDA – The Technical Education and Skills Development Authority shall:
SEC. 33. Composition of the Authority and its Organizational Structure. - The Authority is composed of the TESDA Board and TESDA Secretariat. It is an attached agency to the Department of Labor and Employment of the Autonomous Regional Government for policy and program coordination.
SEC. 34. Regional TESDA Board Composition. - The TESDA Board in the ARMM shall be composed of the following:
The Regional Governor shall also appoint members from the following private sectors:
The Head of the Board Secretariat shall have the same benefits, privileges and emoluments as a regular member of the TESDA Board.
The TESDA Board shall meet at least four (4) times a year, or as frequently as may be deemed necessary by its Chairperson. In the absence of the Chairperson, a Co-Chairperson shall preside. In case any member of the Board representing the Government cannot attend the meeting, he/she shall be represented by an Assistant Regional Secretary or chief of regional operations division, as the case may be, to be designated by such member for the purpose.
The benefits, privileges and emoluments of the Board shall be consistent with existing laws and rules.
SEC. 35. Powers and Functions of the Board. - The Authority shall be primarily responsible in formulating, coordinating and fully integrating technical education and skills development policies, plans and programs taking into consideration the following:
The Board shall have the following powers:
SEC. 36. Power to Review and Recommend Action. - The Authority shall review and recommend action to concerned authorities on proposed technical assistance programs and grants-in-aid for technical education or skills development, or both, including those which may be entered into between the Autonomous Regional Government and other nations, including international and foreign organizations, both here and abroad.
SEC. 37. The TESDA Secretariat. - There is hereby created a Technical Education and Skills Development Authority Secretariat which shall have the following functions and responsibilities:
SEC. 38. The Secretariat Proper. - The TESDA Secretariat Proper shall be composed of the following offices, service divisions and training centers:
SEC. 39. Office of the Executive Director. - The TESDA Secretariat shall be headed by an Executive Director III and shall be the Co-chairperson of the Board. The Executive Director shall be appointed by the Regional Governor of the ARMM.
As Chief Executive Officer of TESDA Secretariat, the Executive Director shall exercise general supervision and control over its technical and administrative personnel and financial administration.
SEC. 40. Office of the Director II. - The Executive Director shall be assisted by a Director II who shall:
SEC. 41. The Regional Operations Division. - There shall be a Regional Operations Division (ROD) to be headed by a Division Chief subject to the qualifications set by existing laws on appointment. The ROD shall:
SEC. 42. The Finance and Administrative Division. - The Office of the Executive Director shall also be assisted by Finance and Administrative Division (FAD) headed by Division Chief subject to the qualifications set by existing laws on appointment. The FAD shall:
SEC. 43. The Regional Manpower and Development Center. - The Regional Manpower Training Center (RMDC) shall be headed by a Center Chief or Chief TESD Specialist subject to the qualifications set by existing laws on appointment. The RMDC shall:
SEC. 44. The Provincial Offices. - The Provincial Offices shall be headed by Career Executive Service Officers with the rank of a Director II. The Provincial TESDA Offices (POs) shall be under the direct control and supervision of the Executive Director. The POs shall:
SEC. 45. The Provincial Manpower and Development Center. - The Provincial Manpower Training Center (PMTC) shall be headed by a Supervising TESD Specialist, to be appointed by the Executive Director subject to the qualifications set by Civil Service Laws, Rules and Regulations on appointment. The PMTCs shall:
Appointment of TESDA Official and Personnel. The Executive Director of the TESDA Secretariat, the Director II and its Provincial Directors shall be appointed by the Regional Governor. All other personnel in the Secretariat shall be appointed by the Executive Director subject to existing Civil Service Laws, Rules and Regulations.
SEC. 46. Regional Technical Education and Skills Development (RTESD) Plan. - The Authority in the ARMM shall formulate a Comprehensive ARMM Regional Plan for Middle-level manpower based on the ARMM Regional Development Plan of policies for the optimum allocation, development and utilization of skilled workers for employment, entrepreneurship and technology development for economic and social growth.
TITLE VIII
PUBLIC WORKS AND HIGHWAYS
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. - The Autonomous Regional Government shall maintain an engineering and construction arm and continuously develop its technology, for the purposes of ensuring the safety of all infrastructure facilities and securing for all public works and highways the highest efficiency and the most appropriate quality in construction. The planning, design, construction and maintenance of infrastructure facilities, especially regional highways, flood control and water resources development objectives, shall be the responsibility of such an engineering and construction arm.
SEC. 2. Mandate. - The Department of Public Works and Highways shall be the Autonomous Regional Government‟s engineering and construction arm and is tasked to carry out the policy enunciated above.
shall:
SEC. 3. Powers and Functions. - The Department, in order to carry out its mandate,
SEC. 4. Organizational Structure. - The Department shall be composed of the Department Proper consisting of the Office of the Regional Secretary, the Offices of the Assistant Regional Secretaries, Bureaus and Field Offices.
Chapter 2 Department Proper
SEC. 5. Office of the Regional Secretary. - The Office of the Regional Secretary shall be composed of the Regional Secretary and his/her immediate staff.
SEC. 6. Offices under the Office of the Regional Secretary. - The Offices under the Office of the Regional Secretary shall be as follows:
SEC. 7. Assistant Regional Secretary. - The Regional Secretary shall be assisted by two
SEC. 8. Functions of the Assistant Regional Secretary for Administration. - The Assistant Regional Secretary for Administration shall have the following functions:
SEC. 9. Functions of the Assistant Regional Secretary for Operations. - The Assistant Regional Secretary for Operations shall have the following functions:
Chapter 3 Bureaus and Offices
SEC. 10. Bureaus of Services and Operations. - There shall be Bureaus of Services and Operations, each of which shall be headed by a Director II.
SEC. 11. Duties and Functions of the Bureau of Services. - The Bureau of Services shall develop and formulate the Department‟s policies and plans to ensure efficient and effective implementation of programs and projects. For such purpose, it shall:
SEC. 12. Duties and Functions of the Bureau of Operations. - The Bureau of Operations shall develop and formulate plans and policies relating to implementation of infrastructure projects in accordance with set guidelines and standard specifications. For such purpose, it shall:
Chapter 4 Field Offices
SEC. 13. District Office. - There shall be a District Office in each of the provinces and cities in the Autonomous Region to be headed by a District Engineer appointed by the Regional Governor. The District Office shall be responsible for all highways, flood control and water resource development systems, and other public works within the district, except those specialized projects undertaken by corporate entities with established technical capability, authorized or directed by the Regional Governor or as may be provided by law. For this purpose, it shall:
SEC. 14. District Engineer. - The District Engineer within a province or city shall be responsible for the efficient and effective discharge of the duties and functions of the District Office. Within his/her defined powers, he/she shall exercise functional and administrative supervision over district operations. He/she shall also perform such other related duties and responsibilities as may be assigned or delegated by the Regional Secretary or as may be required by law.
SEC. 15. Area Equipment Services. - There shall be an Area Equipment Service to be organized in every Province or City in the Autonomous Region to undertake the management, repair, maintenance and rehabilitation of construction and maintenance equipment. Each depot or shop shall be operated, to the extent practicable, as a profit center. The Area Equipment Services shall be under the administrative supervision of the Office of the Regional Secretary and technical supervision of the Bureau of Operations.
TITLE IX
SCIENCE AND TECHNOLOGY
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. – Science and technology are essential elements in the attainment of national and regional development and progress. To attain this objective, it is hereby declared a regional policy to:
SEC. 2. Mandate. - The Department shall provide central direction, leadership and coordination of all scientific and technological efforts and ensure that the results therefrom are utilized in areas of maximum economic and social benefits for the people in the region. As such, it shall formulate and implement policies, plans, programs and projects for the development of science and technology and for the promotion of scientific and technological activities for both the public and private sectors, and ensure that the results of such scientific and technological activities are properly applied and utilized to accelerate economic and social development. It shall also continuously review the state and needs of science and technology in the context of the
country and region‟s development goals.
SEC. 3. Powers and Functions. - The Department of Science and Technology shall:
SEC. 4. Organizational Structure - The Department shall consist of the Office of the Regional Secretary, the Office of the Assistant Regional Secretary, Research and Development Division, Science and Technology Services Division, Administrative and Finance Division, and the Provincial Science and Technology Offices (PSTOs).
Chapter 2 Department Proper
SEC. 5. Office of the Regional Secretary. - The Department shall be headed by a Regional Secretary who shall be appointed by the Regional Governor. He/she shall act as the head of the Department and shall exercise the powers and authority inherent to his/her office.
SEC. 6. Office of the Assistant Regional Secretary. - The Regional Secretary shall be assisted by a Career Assistant Regional Secretary. He/she shall assist the Regional Secretary in the formulation and determination of policies and implementation of laws, plans, programs, and projects, and shall serve as the deputy of the Regional Secretary in all matters pertaining to the administration of the Department.
Chapter 3 Department Services
SEC. 7. Services of the Department. The Department Services shall be carried out through the following: 1) Administrative and Finance Division, 2) Research and Development Division, 3) Science and Technology Services Division, 4) Provincial Science and Technology Offices (PSTOs).
SEC. 8. Administrative and Finance Division. This division provides administrative services relating to budgeting, financial management and analysis, supply and records and matters relating to human resource management.
SEC. 9. Research and Development Division – Shall have seven (7) Research and Development Sections, namely:
SEC. 10. Science and Technology Services Division. - This Division shall have seven
Chapter 4
Provincial Science and Technology Offices (PSTOs)
SEC. 11. Provincial Science and Technology Offices (PSTOs). – The Provincial Science and Technology Office shall serve as the implementing arm of the Department in the provinces/cities. However, whenever practicable, such PSTOs shall be established within state colleges and universities or LGUs upon mutual terms and conditions between such SUCs or
LGUs and the Department. In the event that the PSTOs is established within an SUC, it shall be considered as the implementing arm of the Department in the province/cities where such SUC is situated.
The provincial S&T Office shall be headed by a Provincial S&T Director with a rank of Director I.
Chapter 5 Sectoral Planning Council
SEC. 12. Sectoral Planning Councils. – There shall be five (5) Sectoral Planning Councils which shall be responsible in their respective sectors for formulating policies, plans, programs, projects, and strategies for science and technology development, for programming and allocating funds for monitoring of research and development projects and for generating
external funds.
health;
and technology and related fields.
TITLE X
SOCIAL WELFARE AND DEVELOPMENT
Chapter 1 General Provisions
SECTION 1. Declaration of Policies. - The Autonomous Regional Government is committed to the care, protection, and rehabilitation of individuals, families and communities in ARMM especially those who have less in life and those who need social welfare interventions to restore their normal functioning and enable them to participate in community affairs.
SEC. 2. Mandate. - The Department shall provide a balanced approach to welfare whereby the needs and interests of the population are addressed not only at the outbreak of crisis, but more importantly at the stage which would inevitably lead to such crisis. It shall provide social protection, promote the rights and welfare of the poor, vulnerable and disadvantaged individuals, families and communities and contribute to poverty alleviation and empowerment of the people through social welfare and development policies. Following such strategy, the
Department‟s shall:
shall:
SEC. 3. Powers and Functions. - To achieve its mandate and objectives the Department
SEC. 4. Organizational Structure. - The Department shall consist of the following: a) Office of the Regional Secretary, b) the Office of Assistant Regional Secretary, c) the Office of the Director for Technical Management Service and the divisions under it, d) the Office of the Director for Finance and Administration Services and the divisions under it, e) Regional Social Welfare and Development Center, and f) the Provincial and City/Municipal Offices.
Chapter 2 Department Proper
SEC. 5. Office of the Regional Secretary. - The Office of the Regional Secretary shall consist of the Regional Secretary and his/her immediate staff.
SEC. 6. Office of the Assistant Regional Secretary. - The Regional Secretary shall be assisted by a Career Assistant Regional Secretary.
Chapter 3 Department Services
SEC. 7. Services of the Department. - The Services of the Department shall be as follows:
Reception and Study Center for Children, c) Women‟s Halfway Home and
Production Center, d) Learning and Productivity for Differently-abled Persons, and d)
Emergency Management Operation and Information Center. Each center shall have its own mandate, programs and target beneficiaries;
Chapter 4 Provincial/City Social Welfare Offices
Subject to Section 3, Article III and Section 1, Article IV of RA 9054 mandating the Regional Government to adopt a policy on local autonomy whereby regional powers shall be devolved to local government units, the provincial, city and municipal social welfare offices shall be governed by the following:
SEC. 8. Provincial/City Social Welfare Offices. - The Department shall operate and maintain Provincial/City Social Welfare Offices in each of the provinces/cities of the region. It shall be headed by a Director I.
SEC. 9. Functions. - The Provincial/ City Social Welfare Office shall:
SEC. 10. Welfare Facilities. - The Provincial Officers are hereby authorized to establish, operate, and maintain the following, whenever necessary and subject to the approval of the Regional Secretary:
Chapter 5
Municipal Social Welfare Offices
SEC. 11. Municipal Social Welfare Offices. - The Department shall operate and maintain Municipal Social Welfare Office headed by a Municipal Social Welfare and Development Officer. The Municipal Social Welfare Office shall primarily be responsible for the efficient and effective implementation of the Department‟s programs in the municipality under the supervision of the Provincial Director.
Chapter 6 Fund Drives
SEC. 12. Solicitation. - Any person, corporation, organization, or association desiring to receive contribution for charitable or public welfare purposes shall first secure a permit from the Regional Office of the Department. Upon the filing of a written application for a permit in the form prescribed by the Department, the Regional Secretary or his/her duly authorized
representative may, in his/her discretion, issue a permanent or temporary permit or disapprove the application. In the interest of the public, he/she may, in his/her discretion, renew or revoke any permit issued under Republic Act 4075.
SEC. 13. Requirements. - The Regional Secretary of the Department may require the person, corporation, organization or association duly authorized to solicit contributions for the aforementioned purpose and to submit, from time to time, a verified report or information regarding their activities. The period covered by the report, the collection and expenditures made and the names and addresses of the contributors and persons to whom the assistance was rendered from the funds obtained must be specified in the report. This report shall be made available for public information.
The Regional Secretary or his/her duly authorized representative may, for the protection of the public, likewise investigate the books, papers, affairs and activities related to the aforestated purposes of any person, corporation, organization, or association: Provided, however, that the provisions of the preceding Section shall not apply to any organization or institution established for charitable or public welfare purposes in its campaign for raising funds or soliciting public subscription or any means for collecting funds which has been authorized by Executive Proclamation.
SEC. 14. Fees. - The Department shall charge fees for application for permit to solicit, registration and accreditation of organizations. These fees shall be remitted to the Regional Treasury.
Chapter 7
Social Welfare Services by Other Agencies
SEC. 15. Social Welfare Services by Other Agencies. - Social welfare services by the Department shall be provided without prejudice to similar efforts by any local government unit or private agency, institution or groups. All Department units shall actively promote and extend maximum assistance, including the provision of counterpart or supplementary funds and resources, upon approval of the Regional Secretary, to such efforts.
SEC. 16. Accreditation and Operation of Social Welfare Agencies. - (1) No social welfare agency shall operate and be accredited as such unless it is registered with the Department upon issuance of corresponding certificates of registration, license and accreditation.
(60) percent of its funds are disbursed for direct social work services;
SEC. 17. Child Welfare Agency. - (1) No person, natural or juridical, shall establish any child welfare agency without first securing a license from the Department. Such license shall not be transferable and shall be used only to the person or institution to which it was issued at the place stated therein. No license shall be granted unless the purpose or function of the agency is clearly defined and stated in writing. Such definition shall include the geographical area to be served, the children to be accepted for care, and the services to be provided. If the applicant is a juridical person, it must be registered in accordance with Philippine laws.
filing of the Department‟s answer, conduct a hearing and decide the case, either by lifting the suspension, or continuing it for such period of time as it may order, or by revoking the license of the agency where the Department has proven the revocation to be justified.
SEC. 18. Foster Homes. - No foster home, day care center and other substitute parental arrangement shall operate unless it is registered with and licensed by the Department.
TITLE XI TOURISM
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. - The Autonomous Regional Government shall promote tourism as a major socio-economic activity respecting, upholding and maintaining the diverse cultural heritage and the moral and spiritual values of the people in the autonomous region.
SEC. 2. Mandate. - The Department of Tourism in the Autonomous Region in Muslim Mindanao is the primary government agency charged with the responsibility of encouraging, promoting and developing tourism as a major socio-economic activity to generate revenues and employment and to spread the benefits of tourism to a wider segment of the population, with the support, assistance and cooperation of both private and public sectors.
SEC. 3. Powers and Functions. - The Department shall have the following powers and functions of are as follows:
SEC. 4. Organizational Structure. - The Department shall consist of the Department Proper, the Department Divisions, and Tourism Provincial Field Units.
Chapter 2 Department Proper
SEC. 5. Office of the Regional Secretary. - The Office of the Regional Secretary shall consist of the Regional Secretary and his/her immediate staff.
SEC. 6. Assistant Regional Secretary. - The Regional Secretary shall be assisted by a Career Assistant Regional Secretary.
SEC. 7. Functions of the Assistant Regional Secretary. - The Assistant Regional Secretary shall:
Chapter 3 Department Services
SEC. 8. Services of the Department. - The Department Services shall be composed of:
Chapter 4
Tourism Provincial Field Units
SEC. 9. Tourism Provincial Field Units. - The Department is authorized to establish, operate and maintain a provincial field unit in each of the provinces of the region, which shall have the following functions:
Chapter 5
ARMM Tourism Authority
SEC. 10. ARMM Tourism Authority (ATA). – The Autonomous Regional Government may create its own ARMM Tourism Authority (ATA) as an attached agency of the Department of Tourism and shall operate and function in accordance with existing laws, its charter, and executive issuances creating and/or devolving it.
TITLE XII
TRADE, INDUSTRY AND INVESTMENTS
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. – (1) The Autonomous Regional Government shall encourage, promote and support the establishment of economic zones, industrial centers, ports in strategic areas, and growth centers to attract local and foreign investors and business entrepreneurs;
appropriate and alternative technology and technical training to produce semi- finished and finished products;
SEC. 2. Mandate. - The Department of Trade and Industry shall be the primary agency the Autonomous Regional Government mandated to implement laws, programs and project of trade and industry. Towards this end, it shall promote and develop an industrialization program effectively controlled by inhabitants of the region and shall act as catalyst for intensified private sector activity in order to accelerate and sustain economic growth through:
SEC. 3. Powers and Functions. - The powers and functions of the Department of Trade and Industry are as follows:
SEC. 4. Organizational Structure. - The Department of Trade and Industry shall consist of the Department Proper, the Department Services and the Provincial Trade and Industry Offices.
Chapter 2 Department Proper
SEC. 5. Office of the Regional Secretary. - The Office of the Regional Secretary shall consist of the Regional Secretary, his/her immediate staff, the Legal Unit, the Planning and Monitoring Unit, and the Management Information System (MIS) Unit.
SEC. 6. Office of the Assistant Regional Secretary. - The Office of the Assistant Regional Secretary shall consist of the Career Assistant Regional Secretary and his/her immediate staff.
SEC. 7. Functions of the Assistant Regional Secretary. – The Assistant Regional Secretary shall assist the Regional Secretary in the following: (a) formulation, determination and implementation of laws, policies, plans, programs and projects on trade and industry; (b) administration of the Technical Management Services Office and the Provincial Trade and
Industry Offices, consistent with the mandate of the Department; and (c) serve as deputy to the Regional Secretary, in all matters relating to administrative and finance services and the programs and operations of the Department.
Department Services
SEC. 8. Services Under the Office of the Regional Secretary. - The services under the Office of the Regional Secretary shall consist of:
The Legal unit shall be headed by a Legal Officer III.
SEC. 9. The Finance and Administrative Division shall:
Technical Management Services
SEC. 10. Technical Management Services. - The Technical Management Services headed by a Director II, shall be composed of the following:
SEC. 11. Trade Regulations and Consumer Protection Division. - The division shall have the following functions:
SEC. 12. Enterprise and Trade Development Division. - This Division shall have the following functions:
balance in the distribution of essential products and services and in the strengthening of the domestic base for export activities; conceptualize, monitor, and evaluate programs, plans and projects intended to create awareness of domestic marketing opportunities for new projects, new technologies and investments; and
SEC. 13. Industry Development and Investment Promotion Division. - This Division shall have the following functions:
SEC. 14. The Planning and Monitoring Unit shall develop operating plans, programs and projects of the Department; evaluate the cost-effectiveness of various projects and activities of the Department; coordinate the updating of the Department‟s operating plans in response to
relevant environment changes; review the Department‟s performance standards and targets
previously established;
Chapter 5
Provincial Trade and Industry Offices (PTIOs)
SEC. 15. Provincial Trade and Industry Offices (PTIOs). - The Department shall operate and maintain a Provincial Trade and Industry Office in each of the provinces of the region. It shall be headed by a Provincial Trade and Industry Officer (PTIO) with a rank equivalent to a Director II and shall perform the following functions:
Chapter 6
Regional Economic Zone Authority
SEC. 16. The Regional Economic Zone Authority (REZA) as created by MMA Act 154, otherwise known as the Autonomous Region in Muslim Mindanao Special Economic Zone Act of 2003, is hereby placed as an attached agency of the Department of Trade and Industry and shall be implemented in accordance with its Implementing Rules and Regulations.
Chapter 7
The Regional Board of Investments (RBOI)
SEC. 17. Declaration of Investment Policies. - The development of the regional and national economy shall be promoted in consonance with the principles and objectives of achieving global competitiveness; fostering economic efficiency; encouraging and supporting investments that promote region-wide development and create productive and quality employment. Accordingly, the Autonomous Regional Government shall;
SEC. 18. Powers and Duties of the Board. - The Board shall be the policy making body of the RBOI and shall be responsible for the regulation and promotion of investments in the Autonomous Region in Muslim Mindanao. Its powers shall include the following:
SEC. 19. Composition of the Board of Governors. - The Board of Governors shall be composed of the RBOI Chairperson as Chair, the regular DTI Assistant Regional Secretary as permanent Vice-Chair, and three (3) member Governors. The Chairperson and the three (3) members shall be appointed by the Regional Governor and shall be co-terminus with the appointing authority.
SEC. 20. Qualifications of Governors of the Board. – The Governors of the Board must be citizens of the Philippines, residents of the Autonomous Region in Muslim Mindanao for at least six (6) months prior to their appointment, registered voters of ARMM, at least thirty
SEC. 21. Powers and Duties of the RBOI Chairperson. – The Chairperson of the RBOI shall have the following functions:
SEC. 22. Powers and Duties of the RBOI Vice-Chairperson. - The Vice-chairperson of the RBOI Board of Governors shall preside over all meetings of the Board of Governors in the absence of the Chairperson.
SEC. 23. Appointment of Board Personnel. – The Board shall appoint its technical staff and other personnel subject to Civil Service law, rules and regulations including positions that may be created by a regional law.
SEC. 24. Powers and Functions of the Executive Office. - The following are the powers and functions of the Regional Board of Investments (RBOI):
SEC. 25. Organizational Structure. - The Regional Board of Investments shall be composed of the following Offices: (a) Board of Governors headed by the Chairperson, (b) Office of the Executive Director, (c) Plans and Programs Division (Technical Division), (d) Investment Promotion Division (Special Support and Research Division), (e) Finance and Administrative Division. There shall also be Satellite Offices to be determined by the Board.
SEC. 26. Office of the Executive Director. - The Office of the Executive Director shall implement the policies, programs and projects approved by the Board of Governors and in addition shall have the following duties and responsibilities:
SEC. 27. The Plans and Programs Division. – The Plans and Programs Division shall be headed by a Chief Investments Specialist and shall have the following functions:
SEC. 28. Investments Promotion Division. - The Investments Promotion Division shall be headed by a Chief Investments Specialist and shall perform the following functions:
SEC. 29. The Administrative and Finance Division. - This division shall be headed by a Chief Administrative Officer and shall perform the following functions:
SEC. 30. RBOI Satellite Offices. – The RBOI may establish Satellite Offices in the provinces within the region when deemed necessary by the Board. The head of office and its staffing pattern shall be determined by the Executive Director and concurred in by the Board. It shall perform the following functions:
SEC. 31. Investments Priority Plan. - The Autonomous Regional Government shall be guided by the Annual Investments Priority Plan of the national government in the determination of incentives to be granted to investors.
SEC. 32. Regional Investments Priority Plan (RIPP). - The Autonomous Regional Government shall prepare a Regional Investments Priority Plan consistent with Article 27 to 31, Chapter 11 of the Omnibus Investment Code of 1987 and the Regional Investments and Incentives Code of ARMM.
The preferred areas on investment to be listed in the Regional Investment Priority Plan shall be based on long-run comparative advantage, taking into account the value of social objectives and employing economic criteria along with market, technical and financial analysis.
The Regional Investment Priority Plan as formulated shall be integrated in the National Investment Priority Plan.
Chapter 8 Cluster Agency
SEC. 33. Cluster Agency. - The Regional Board of Investment shall form part of the cluster agency on trade and investments. It shall maintain a coordinative linkage with the Department of Trade and Industry, Regional Economic Zone Authority and other related agencies.
TITLE XIII TRANSPORTATION AND COMMUNICATIONS
Chapter 1 General Provisions
SECTION 1. Declaration of Policy. – The Autonomous Regional Government is committed to the promotion, maintenance and expansion of viable, efficient, fast, safe, and dependable transportation and communications systems as effective instruments for regional development and economic progress. It shall not compete as a matter of policy with private
enterprise and shall operate transportation and communications facilities only in those areas where private initiatives are inadequate or non-existent.
SEC. 2. Mandate. - The Department of Transportation and Communications of the Autonomous Region in Muslim Mindanao or DOTC-ARMM shall be the primary policy, planning, programming, coordinating, implementing, regulating and administrative entity of the Executive Branch of the Autonomous Regional Government in the promotion, development and regulation of dependable and coordinated networks of transportation and communications systems as well as in the fast, safe, efficient and reliable transportation and communications services.
SEC. 3. Powers and Functions. – To accomplish its mandate, the Department shall:
under devolution. It shall also recommend measures to improve the operation of the postal services in the Autonomous Region;
SEC. 4. Organizational Structure. - The Department shall consist of the Department Proper, the Department Services, the Sectoral Offices and the Attached Agencies.
Chapter 2 Department Proper
SEC. 5. Office of the Regional Secretary. - The Office of the Regional Secretary shall consist of the Regional Secretary, his/her immediate staff and the Legal Unit.
The Legal Unit shall provide the Department with services pertaining to legal matters to include, but not limited, legislative proposals, legal research, and investigation. He/she shall assist the Regional Secretary in the review and preparation of decisions of appealed cases emanating from the sectoral agencies.
SEC. 6. Powers and Functions of the Regional Secretary. - The Regional Secretary shall exercise the powers and functions as defined in Section 8, Chapter 3, Book IV of this Code and such others as maybe provided by law or by Executive Issuance of the Regional Governor.
Chapter 3 Department Services
SEC. 7. Department Services. – The Department Services is composed of: (a) Sectoral Agencies such as Land Transportation Office (LTO), Land Transportation Franchising and Regulatory Board (LTFRB), Civil Aviation Authority of the Philippines-ARMM (CAAP- ARMM) and Maritime Industry Authority (MARINA); and (b) Administrative, Finance and
Technical Divisions.
SEC. 8. Office and the Powers and Functions of Director IV. - The Office of the Director IV is composed of the Director IV and his/her immediate staff. The Office shall be the arm of the Regional Secretary in the supervision of the sectoral agencies of the Department which includes planning, law enforcement, franchising, licensing, coordination, monitoring and evaluation of transportation and communication activities of the Department and others as maybe directed by the Regional Secretary.
SEC. 9. Office and the Powers and Functions of the Director III. - The Office of the Director III is composed of the Director III and his/her immediate staff, the Administrative Division, Finance Management Division and the Technical Division. The Director III shall assist the Regional Secretary in the supervision of administrative, finance and technical divisions of the Department including preparation of budget proposals and preparation of periodic reports of the Department.
The Technical Division shall be the technical arm of the Department and shall be responsible in the policy formulation, strategic and operational planning, management systems or procedures, and the evaluation and monitoring of Department programs, projects, and other related services.
The Legal Division shall provide the Department with services pertaining to legal matters to include but not limited to proposed legislations, legal research, investigation, adjudication, franchise and fees and license regulation, and the review on appeal of the decisions of the traffic Adjudication Service.
Chapter 4 Sectoral Offices
SEC. 10. Sectoral Offices. – The Department shall have the following sectoral offices:
SEC. 11. Functions of the Sectoral Offices. – The sectoral offices have the power to grant franchises, licenses and permits to land, sea, and air transportation plying-routes in the provinces or cities within the Autonomous Region and communication facilities whose frequencies are confined to and whose main offices are located within the Autonomous Region
in accordance with paragraph (l), Section 3, Article IV of Republic Act 9054. These offices shall operate as the main line agencies within the Department.
In addition to the foregoing powers, offices that are devolved after the passage of this Code shall also operate pursuant to the powers and authorities in accordance with Executive Issuances devolving them to the Autonomous Regional Government. The Regional Assembly may pass laws strengthening such devolved offices.
SEC. 12. Supervision and Control Over the Sectoral Agencies. – The Regional Secretary shall exercise general supervision and control over the Sectoral Agencies.
Chapter 5
Land Transportation Office (LTO) ARMM
SEC. 13. LTO –ARMM Organizational Structure. – The LTO-ARMM is composed of the Office of the Regional Director, the Administrative and Finance Division, the Operations Division, and the LTO District Offices. LTO-ARMM is headed by a Regional Director with a rank of Director II and the District Offices is headed by a Senior Transportation Regulation
Officer (STRO).
SEC. 14. Powers and Functions of the LTO-ARMM. – Without prejudice to further devolution, the LTO-ARMM shall have the following powers and functions:
SEC. 15. Functions of the Administrative and Finance Management Division. - The Administrative and Finance Management Division shall have the following powers and functions:
SEC. 16. Functions of the Operations Division. – The Operations Division shall have the followings powers and functions:
Chapter 6
Land Transportation Franchising and Regulatory Board (LTFRB) - ARMM
SEC. 17. Land Transportation Franchising and Regulatory Board (LTFRB). – The quasi-judicial powers and functions with respect to land transportation shall be exercised through the Land Transportation Franchising and Regulatory Board, hereinafter referred to as the "Board."
SEC. 18. Powers and Functions of the Board. - The Board shall have the following powers and functions:
jurisdiction over public utility vehicles with inter-regional CPC‟s or permits, that ply
routes within the ARMM shall remain exclusively with the LTFRB;
rulings and to impose fines or penalties for such violations; provided that if the violators possess inter-regional CPC‟s or permits, the appropriate office of the ARG in charge of enforcement of public service laws on land transportation shall file and prosecute the appropriate cases with the LTFRB;
SEC. 19. Composition of the Board – The Board shall be composed of the Regional Secretary of the DOTC-ARMM as Chairperson, the Regional Director of LTFRB and a representative from the organized transport sector. The latter shall be appointed by the Regional Governor. Such representative from the organized transport sector shall serve his/her office co-
terminus with the Regional Governor.
SEC. 20. The Executive Office of the Board. – The Executive Office of the Board shall be headed by a Regional Director who shall be appointed by the Regional Governor. The Office shall serve as the Technical Secretariat of the Board.
SEC. 21. Decisions of the Board; Appeals therefrom or Review Thereof. – The Board, in the exercise of its powers and functions, shall sit and render its decision en banc. Every such decision, order, or resolution of the Board must bear the concurrence and signature of at least two (2) members thereof.
The decision, order, or resolution of the Board shall be appealable to the Regional Governor within thirty (30) days from receipt of the decision. However, the Regional Governor may motu propio review any decision or action of the Board before the same becomes final.
SEC. 22. Land Transportation Franchising and Regulatory Board (LTFRB) Executive Office Organizational Structure. – The Land Transportation Franchising and Regulatory Board (LTFRB) Executive Office is composed of the Office of the Regional Director, the Administrative & Finance Division, Legal Division, Technical Division, and the Provincial Offices. The Office of the Regional Director is composed of the Regional Director with the rank of Director II, his/her immediate staff and the Provincial Offices.
SEC. 23. Hearing of Franchise Applications. Contested applications and those involving routes extending beyond ARMM jurisdiction shall be heard and decided by the Board. However, uncontested applications or petitions for routes within the Autonomous Region shall be heard and decided by the Regional Director.
Chapter 7
Civil Aviation Authority of the Philippines (CAAP)-ARMM
SEC. 24. CAAP-ARMM Organizational Structure. – The Civil Aviation Authority of the Philippines (CAAP)-ARMM is composed of the Office of the Regional Director, the Administrative & Finance Division, the Planning and Technical Maintenance Division and the Airports. The Office of the Regional Director is composed of the Regional Director with the rank of Director II and his/her immediate staff.
SEC. 25. Powers and Functions of the Civil Aviation Authority of the Philippines- ARMM (CAAP-ARMM). - The CAAP-ARMM shall have the following powers and functions:
Chapter 8
Maritime Industry Authority (MARINA) -ARMM
SEC. 26. Maritime Industry Authority (MARINA-ARMM) Organizational Structure. – The Maritime Industry Authority (MARINA) is composed of the Office of the Regional Director, the Administrative & Finance Division, the Operations and Monitoring
Division, and the Provincial Offices. MARINA-ARMM is headed by a Regional Director with the rank of Director II.
SEC. 27. Powers and Functions of the MARINA-ARMM. - The MARINA-ARMM shall have the following powers and functions:
SEC. 28. Divisions under the MARINA-ARMM. - There shall be two divisions under Office of MARINA-ARMM, namely:
Each of the aforesaid divisions shall be headed by a Division Chief to be appointed by the Regional Secretary upon the recommendation of the Regional Director of MARINA-ARMM.
SEC. 29. Functions of the Administrative and Finance Management Division. - Administrative and Finance Management Division shall have the following powers and functions:
SEC. 30. Regional Operations and Monitoring Division. - The Regional Operations and Monitoring Division shall have the following powers and functions:
Chapter 9 Attached Agencies
SEC. 31. Attached Agencies. – The following Regional Government Owned and Controlled Corporations are attached agencies of the Department:
Code.
The foregoing agencies are governed by Book IV, Title XXIV, Chapters 1 and 2 of this
SEC. 32. Functions of the Attached Agencies. – The agencies attached to the Department shall continue to operate and function in accordance with their respective charters, laws, and executive issuances creating or devolving them, except as otherwise provided in this Code.
SEC. 33. Supervision over the Attached Agencies. – The Regional Secretary of the Department of Transportation and Communications shall exercise supervision over the attached agencies in matters of policy, rules and regulations.
TITLE XIV
RENAMING AND REALIGNMENT OF OFFICES
Chapter 1 Offices Renamed
SECTION 1. Renaming and Realignment of Existing Offices. - The following offices shall be renamed and/or realigned as follows:
Chapter 2 Offices Realigned
SEC. 2. Realignment of Existing Offices. - The following offices shall be realigned as follows:
TITLE XV COOPERATIVE, HOUSING AND LAND USE
Chapter 1
Cooperative Development Authority (CDA)
SECTION 1. Declaration of Policy. – It is the declared policy of the Autonomous Regional Government (ARG) to foster the creation and growth of cooperatives as a practical vehicle for promoting self-reliance and harnessing people‟s potential towards the attainment of economic development and social justice. The region shall encourage the private sector to
undertake the actual formulation and organization of cooperatives and shall create an atmosphere that is conducive to the growth and development of these cooperatives.
Further, the Autonomous Regional Government recognizes the principle of subsidiarity under which the cooperative sector will initiate and regulate within its own ranks the promotion and organization, training and research, audit and support services relating to cooperatives with government assistance where necessary.
SEC. 2. Mandate. – The Cooperative Development Authority with all the branches, sub-divisions, instrumentalities and agencies of the Autonomous Regional Government shall ensure the provision of technical guidance, financial assistance and other services to enable the cooperatives to develop into viable and responsive economic enterprises and thereby bring about
a strong cooperative movement that shall free the cooperatives from conditions that might infringe their autonomy or organizational integrity.
SEC. 3. General Concepts. – A cooperative is a duly registered association of persons, with common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with the universally accepted
cooperative principles.
SEC. 4. Powers and Functions. – The CDA shall have the following powers, functions:
SEC. 5. Organizational Structure. – The Authority shall be composed of the Office the Regional Administrator; the Administrative and Finance Division; the Operation and Technical Management Division; the Promotion and the Training and Project Development Division and shall have the following functions:
the administrative and financial capability of the office;
conduct management and skills training to officers and members of cooperative.
SEC. 6. Support to LGUs. – In a province, city or municipality that has its own Cooperative Development Office, the Authority shall provide support and assistance whenever necessary. Those local government units without a Cooperative Development Office shall be assisted by a Cooperative Development Specialist in the implementation of their cooperative
programs.
SEC. 7. Relationship with Other Agencies and Offices in ARMM. – The Authority shall build up a strong relationship with all agencies, offices and instrumentalities in the region for proper coordination and cooperation to strengthen cooperatives.
Chapter 2
Housing and Land Use Regulatory Board (HLURB)
SEC. 8. Declaration of Policy –The Autonomous Regional Government shall promote and formulate comprehensive and integrated regional urban and rural development policies, plans, programs and projects responsive to the needs, aspirations and values of the people in the autonomous region. Subject to ecological consideration, it shall adopt and implement a comprehensive urban land reform and land and water use program to ensure just utilization of lands and waters within its jurisdiction.
SEC. 9. Mandate. – The Housing and Land Use Regulatory Board shall be responsible for the enforcement, implementation, streamlining and optimization of land use policies and regulations on human settlements; and the implementation and enforcement of the regulatory aspect of Urban Land Reform Program, and Subdivision and Condominium Buyer‟s Protective Decree, Land Value and Building Rental Regulations and other related laws.
SEC. 10. Powers and Functions of the Board. – The Board shall serve as the policy making body of the HLURB. It shall also act on cases appealed to it arising from the decision of the Executive Director.
Decisions of the Board shall be appealable to the Regional Governor whose decision is final and executory. The Regional Governor shall be assisted by the Attorney-General in the preparation of such decisions.
SEC. 11. Composition of the Board. - The HLURB shall be governed by a Board whose members shall be appointed/ designated by the Regional Governor. It shall be composed of the following:
1) |
Executive Secretary, ORG |
Chairman |
2) |
Executive Director, HLURB-ARMM |
Vice-Chairman |
3) |
Regional Secretary, DAR-ARMM |
Member |
4) |
Regional Secretary, DENR-ARMM |
Member |
5) |
Regional Secretary, DPWH-ARMM |
Member |
SEC. 12. Powers and Functions of the Executive Office. - The Housing and Land Use Regulatory Board (HLURB) Executive Office shall:
SEC. 13. Organizational Structure. – The HLURB Executive Office is composed of the Office of the Executive Director, the Administrative and Finance Division, the Technical Division, the Legal Division and the HLURB Satellite Offices.
SEC. 14. Functions of the Executive Director – The Executive Director shall perform the following functions:
Chapter 3
Regional Housing and Rural Development Authority (RHRDA)
SEC. 15. Declaration of Policy. - It shall be the declared policy of the Autonomous Regional Government to adopt and execute comprehensive and integrated regional housing, urban and rural development plans, programs, and projects responsive to the needs, aspirations, and values of the people in the region. More particularly, the Autonomous Regional Government, in cooperation with the private sector, shall evolve its own housing policies and programs providing for adequate, low-cost, and decent housing facilities and other basic services to the residents of the region.
SEC. 16. Mandate. - The Regional Housing and Rural Development Authority (RHRDA) shall serve as the primary instrumentality of the Autonomous Regional Government responsible for the formulation and administration of comprehensive and integrated regional housing, and rural development policies, plans, programs, and projects.
SEC. 17. Powers and Functions. - The Authority shall perform the powers and functions as a Regional Housing Authority and as a Rural Development Authority.
Subject to existing laws, the RHRDA shall likewise have the following functions:
SEC. 18. Organizational Structure. - The RHRDA shall be composed of the Board and executing office. The Executing Office is composed of the Office of the Executive Director II; the Housing Program Development and Management Division; Rural Program Development and Management Division; and the Administrative and Finance Division.
SEC. 19. The Regional Board of Housing and Rural Development (RBHRD). – The Regional Board of Housing and Rural Development (RBHRD) shall be the governing body of the Authority. It shall be composed of the following:
In addition, the Board shall be primarily responsible in providing policy direction of the Authority. The Board shall convene at least twice a year
SEC. 20. Qualifications of Executive Director. – The Executive Director shall be at least a holder of a Masters Degree in Business Management or Public Administration or its equivalent and with at least 3 years of relevant experience.
SEC. 21. Appointments and Term of Office. – The Executive Director shall be appointed by the Regional Governor with a fixed term of four (4) years.
TITLE XVI
CULTURE, ANCESTRAL RIGHTS AND HERITAGE
Chapter 1
Regional Commission on Indigenous People (RCIP) – ARMM
SECTION 1. Declaration of Policy – The Autonomous Regional Government recognizes the United Nations Declaration of the Rights of the Indigenous Peoples and adopts the Indigenous Peoples Rights Act of the Philippines. In addition, the Autonomous Regional Government shall:
SEC. 2. Mandate. - The RCIP-ARMM is mandated to implement pertinent provisions of RA 8371, otherwise known as the Indigenous Peoples Rights Act, in the Autonomous Region consistent with the Organic Act of the Autonomous Region, regional laws, customs and traditions of the Indigenous Peoples in the area of autonomy.
SEC. 3. Powers and Functions. - in addition to the applicable powers and functions of the National Commission on Indigenous Peoples, the RCIP-ARMM shall exercise in the Autonomous Region the following powers and functions:
SEC. 4. Composition of the Regional Commission. - The Commission shall be composed of a Chairperson with four (4) members who shall belong to different ethnic tribes all of whom shall at least be a Bachelors degree holder. The Chairperson and the members of the Commission, who shall all be appointed by the Regional Governor, shall serve a fixed term of two (2) years.
SEC. 5. Organizational Structure of the Executive Office. - The Executive Office of the RCIP is composed of the Office of the Executive Director and the divisions, sections under it and the provincial offices.
The Executive Office shall be headed by a Director II without prejudice to the security of tenure of the incumbent Executive Director of OSCC-ARMM at the time of the approval of this Code who shall discharge the duties and functions as head of such Executive Office. The security of tenure of permanent employees of OSCC-ARMM shall likewise be respected in accordance with Civil Service Law.
SEC. 6. Provincial Offices. - There shall be a provincial office established in each of the provinces to be headed by a Provincial Officer with salary grade 24.
SEC. 7. Delineation of Functions. – The Regional Commissioners is responsible for the formulation of regional policies, plans and programs. In addition, they shall; (a) hear and decide cases involving land disputes arising from the implementation of Indigenous Peoples Rights Act in the Autonomous Region, (b) approves Free and Prior Informed Consent (FPIC), certification precondition, and other processes relating to the enforcement of IPRA.
The Executive Director shall implement the policies, plans and programs approved by the Commission and shall administer the day to day operations of the Executive Office of the RCIP.
Chapter 2
Bureau on Cultural Heritage (BCH)
SEC. 8. Declaration of Policy. The Autonomous Regional Government shall recognize, respect, protect, preserve, develop, promote, and enhance the culture, customs, traditions, beliefs, and practices of the people in the region as integral components of regional development.
SEC. 9. Mandate. - The Bureau on Cultural Heritage is mandated to plan, initiate, implement and monitor cultural programs, projects, and activities that shall institutionalize the preservation and enhancement of the positive elements of the indigenous culture of the inhabitants of the Autonomous Region.
SEC. 10. Powers and Functions. - The Bureau has the following powers and functions:
SEC. 11. Organizational Structure. – The Office is composed of the Office of the Executive Director with a rank of Director II, the Office of the Director I, the Research & Program Management Division, the Cultural Preservation and Promotion Division and the Administrative & Finance Division. The Executive Director shall have a fixed term of four (4) years.
TITLE XVII
REGIONAL TREASURY AND REGIONAL BUDGET
Chapter 1
Office of the Regional Treasury (ORT)
SECTION 1. Declaration of Policy. - The Autonomous Region in Muslim Mindanao is a corporate entity with jurisdiction in all budget and fiscal matters devolved to it by the Constitution, Republic Act No. 6734 as amended by Republic 9054, and other related laws as the Regional Assembly may pass. It is thus the declared policy of the Autonomous Regional Government that the Regional Treasury shall primarily be responsible for the evolution of a system of sound and efficient management of financial resources and to ensure that said resources are generated and managed in accordance with regional law and applicable existing national policies.
SEC. 2. Mandate. - The Regional Treasury shall be responsible for the formulation, institutionalization and administration of regional fiscal policies in coordination with concerned agencies and offices and instrumentalities of the Autonomous Regional Government.
It shall be responsible for the generation and judicious management of the financial resources to support the regional development objectives. The Regional Treasury shall be responsible for the review, approval and management of all regional public sector debt, whether foreign or domestic, with the end in view of ensuring that all borrowed funds are effectively utilized and all such obligations are promptly serviced by the Autonomous Regional Government.
SEC. 3. Powers and Functions. - The Regional Treasury shall:
SEC. 4. ORT Organizational Structure. – The Office of the Regional Treasury is composed of the Office of the Regional Treasurer, the Office of the Assistant Regional Treasurer for Administration, the Office of the Assistant Regional Treasurer for Operations, the Divisions and the ORT Field Units.
SEC. 5. Functions of Offices, Divisions and Field Units. - The Offices, Divisions and Field Units shall have the following functions:
In case of absence or temporary disability of the Regional Treasurer, the Assistant Regional Treasurer for Administration, or in his/her absence the Assistant Regional Treasurer for Operation, shall discharge the duties and functions of the Regional Treasurer, except the power to appoint and discipline personnel; and
SEC. 6. Qualifications – No person shall be appointed to the position of Regional Treasurer unless he/she is:
These qualifications shall also apply to both Assistant Regional Treasurers for Administration and Operations.
SEC. 7. Appointment. – The Regional Treasurer who shall have the rank of Cabinet Secretary shall be appointed by the Regional Governor for a term of five (5) years and without prejudice to reappointments, provided that after the approval of this Code, the incumbent Regional Treasurer shall continue to serve the unexpired portion of his term of office of five (5) years. In case of vacancy, the appointee succeeding him/her shall serve only the unexpired portion of his/her term without prejudice to reappointment.
SEC. 8. Salary. – Subject to salary increase adjustments, the Regional Treasurer shall receive an annual compensation equivalent to that of a Regional Department Secretary or in accordance with the standards set by the Office of Compensation and Position Classification.
The two (2) Assistant Regional Treasurers shall receive annual compensation one (1) grade below the salary grade of the Regional Treasurer.
SEC. 9. Quarterly and Annual Reports. – the Regional Treasurer shall submit quarterly and annual reports to the Regional Governor and the Speaker of the Regional Assembly on the status of funds in the Regional Treasury.
SEC. 10. Relation with Treasurers of Local Government Units (LGUs). – Relationship between the Regional Treasurer, the provincial, city, municipal, or barangay treasurer shall be defined and executed in accordance with the provisions of applicable laws, rules and regulations, and such institutional arrangements as may be agreed upon by the Autonomous Regional Government and the National Government or their respective instrumentalities.
Chapter 2
Regional Budget and Management Office (RBMO)
SEC. 11. Declaration of Policy- Article XVIII Section 6 of RA 9054 provides that pending the enactment of a regional budgetary law, the budgeting process of the Autonomous Regional Government shall be governed by pertinent rules and regulations prescribed by the Department of Budget and Management.
SEC. 12. Mandate. - The RBMO is mandated to assist the Office of the Regional Governor and line agencies and offices in the Autonomous Regional Government in the
formulation and implementation of the Annual Regional Budget to ensure that funds from the national and local sources are utilized properly and Autonomous Regional Government operations are conducted effectively, economically and efficiently.
SEC. 13. Powers and Functions. - RBMO has the following powers and functions:
SEC. 14. Organizational Structure. - The Office shall be composed of the Office of the Executive Director, Budget Preparation and Coordination Division, Budget Execution and Monitoring Division, Management and Compensation Evaluation Division and supported by Administrative and Finance Unit.
The Regional Budget and Management Office shall be headed by an Executive Director with a rank of Director III. The Executive Director shall act and exercise the powers, duties and responsibilities of a Chief Executive Officer.
SEC. 15. Qualifications. - No person shall be appointed to the position of Executive Director unless he/she has the following qualifications:
SEC. 16. Relation with DBM and ORT. - The office shall perform its budgeting functions in coordination with the Department of Budget and Management and the Office of the Regional Treasurer.
SEC. 17. Relation with the LGUs on Budgeting - The Office shall coordinate with local Chief Executives of LGUs within the Autonomous Region in Muslim Mindanao to ensure the simplified and unified budgeting of funds of the Autonomous Regional Government.
TITLE XVIII
DEVELOPMENT PLANNING AND ASSISTANCE
Chapter 1
Regional Planning and Development Office (RPDO)
SECTION 1. Declaration of Policy. - The Autonomous Regional Government (ARG) shall promote and formulate comprehensive and integrated regional urban and rural development policies, plans, programs, and projects responsive to the needs, aspirations, and values of the people in the autonomous region. It shall also provide equitable opportunities for the development of every province, city, municipality, and barangay within its jurisdiction and shall strengthen their existing planning bodies to ensure wider public participation.
In support of the foregoing, the ARG shall maximize access to foreign development assistance to promote and accelerate development in the region.
SEC. 2. Mandate. - The Regional Planning and Development Office (RPDO) is the socio-economic planning office of Autonomous Regional Government. It shall also be responsible for accessing foreign block grants, donations, endowments and other forms of socio- economic aid from Official Development Assistance (ODA).
SEC. 3. Powers and Functions. – The Regional Planning and Development Office shall be the technical arm of the Regional Economic and Development Planning Board (REDPB). In addition, it shall exercise powers and functions through its line services, as follows:
SEC. 4. Organizational Structure. - The Regional Planning and Development Office is composed of the Office of the Executive Director, the Office of the Director III, the Office of the Director II for Policy, Planning, Programming and Development Services and the divisions under it, the Office of the Director II for ODA Services and the divisions under it, and the Administrative and Finance Division.
The Policy, Planning, Programming and Development Services shall be composed of the following divisions:
The ODA Services shall be composed of the following:
SEC. 5. Transfer of Properties and Assets. - The properties and assets of the ODA office shall be transferred to ODA Services of the Regional Planning and Development Office immediately upon effectivity of this Code. The Director of the Administrative Management Services of the Office of the Regional Governor (AMS-ORG) shall administer the transfer of such properties and assets.
TITLE XIX DEVELOPMENT ACADEMY AND SPORTS
Chapter 1
ARMM Development Academy (ADA)
SECTION 1. Declaration of Policy. – It is the policy of the Autonomous Regional Government to pursue continuous education, training, technical advancement and professional growth of officials and employees of government and private entities.
SEC. 2. Mandate. - ARMM Development Academy shall be the central training institution of the autonomous regional government which aims to produce highly and globally competitive managers, administrators and workers who are abreast with the latest technologies and systems of development management.
SEC. 3. Powers and Functions. – The ARMM Development Academy shall:
SEC. 4. Organizational Structure. – The Academy shall be composed of the Offices of the President and the Vice President with two (2) departments such as: 1) Training/ Course Development Department; and 2) Training Program/ Course Implementation Department. Each Department shall be headed by a Training Director with a rank of Director I. It shall be supported by Administrative and Finance Division.
SEC. 5. Regional Training Center. – The Regional Training Center shall be composed of the Training Center Manager with a rank of Director I, and its immediate staff.
SEC. 6. Term of Office. - The President and the Vice-President of the Academy shall serve for a term of four (4) years.
SEC. 7. Qualifications. - The President and the Vice-President of the Academy shall have a doctorate degree. Selection and appointment to all positions shall be done strictly in accordance with qualification standards and procedures set by the Board of Trustees.
SEC. 8. Governing Body. - The ARMM Development Academy shall be governed by its Board of Trustees composed of five (5) members, and each shall serve for a term of four (4) years, to be appointed by the Regional Governor from among the different ethno linguistic groups in Muslim Mindanao. The President of the Academy shall sit in the Board as Ex-Officio Member. The Regional Governor is Honorary Chairperson of the Board and shall Chair the Board until the regular Chairperson is duly elected.
Chapter 2
Regional Sports Development Office (RSDO)
SEC. 9. Declaration of Policy- It is the policy of the regional government to develop and promote sports to foster physical and mental prowess and inculcate values of sportsmanship, understanding, cooperation, teamwork, camaraderie and goodwill. As such, it shall encourage and support sports programs, league competitions, indigenous games, martial arts, and amateur sports, including training for regional, national, and international competitions.
SEC. 10. Mandate. - The Regional Sports Development Office (RSDO) is mandated to sustain an integrated regional sports promotion and development program in the ARMM.
SEC. 11. Powers and Functions. - The RSDO shall have the following powers and functions:
SEC. 12. Organizational Structure. – The Regional Sports Development Office (RSDO) shall be composed of the Office of the Regional Sports Coordinator and supported by three (3) units such as: Sports Development and Promotion Unit; Sports Regulations and Coordination Unit; and Finance and Administration Unit.
The Regional Sports Coordinator with a rank of Director I and with a fixed term of four
TITLE XX INFORMATION AND LIBRARY
Chapter 1
Bureau of Public Information (BPI)
SECTION 1. Declaration of Policy. - The Autonomous Regional Government recognizes the importance of information as a tool for regional development, to establish transparency and foster participative governance. For this purpose, BPI ensures to update the entire constituents of the region on ARMM thrusts, operations and development directions to achieve a high sense of recognition and maintain desirable image of the Autonomous Regional Government.
SEC. 2. Mandate. - The Bureau is mandated to provide the Office of the Regional Governor, all line agencies and offices in and outside of the ARMM an intensified information system to ensure a well-informed and well-educated populace and environs, participating in the affairs of the Autonomous Regional Government.
SEC. 3. Powers and Functions. - The Bureau has the following powers and functions:
SEC. 4. Organizational Structure. - The Bureau of Public Information (BPI) is composed of Office of the Executive Director with the support of three (3) divisions and provincial coordinating units. The Bureau shall be headed by an Executive Director with a rank of Director III and with a term co-terminus to the appointing authority.
SEC. 5. The Divisions, Coordinating Units and their Respective Functions. - The Bureau has the following divisions and coordinating units with respective functions and responsibilities:
Chapter 2
The ARMM Regional Library
SEC. 6. The ARMM Regional Library. – The existing division for Library under the Administrative Management Service in the Office of the Regional Governor shall be upgraded and named as Regional Library and shall be realigned as an attached agency to the Office of the Regional Governor.
SEC. 7. Mandate. – The Regional Library is mandated to collect, maintain and preserve regional vital documents and laws, legislations, reports, orders/issuances and other documents of similar importance. It shall also serve as the primary instrumentality of the Autonomous Regional Government in providing free library services to as many people as possible and to maintain a viable cooperation with the National Library together with other public libraries in providing the maximum benefits of a wider variety of data and information.
SEC. 8. Powers and Functions. - The ARMM Regional Library shall have the following powers and functions.
SEC. 9. Organizational Structure. - The Regional Library shall be headed by a Licensed Librarian with the rank of Director II and shall be supported by two (2) Divisions namely: Readers‟ Services Division, Technical Services and Archives Division and supported by Administrative and Finance Unit.
TITLE XXI
WOMEN, YOUTH AND SENIOR CITIZENS’ AFFAIRS
Chapter 1
Regional Commission on Bangsamoro Women (RCBW)
SECTION 1. Declaration of Policy. - The Autonomous Regional Government recognizes the role of women in nation building and regional development. It shall promote their well-being and ensure respect, protection and promotion of their fundamental rights. It shall also ensure the representation of women in appropriate decision and policy-making bodies.
SEC. 2. Mandate. - The Commission shall be the principal women development agency of the Autonomous Region that shall promote women‟s economic empowerment; protect and advance women‟s rights through strengthened services and justice delivery system; promote gender-responsive governance through promotion of equal representation of women in decision-
making bodies and promote Gender and Development programs.
SEC. 3. Powers and Functions of the Commission. - The Commission shall serve as the policy making body of the RCBW.
SEC. 4. Composition of the Commission. – The Commission Proper is composed of the Regional Chairperson and the five (5) Commissioners representing all provinces of the region. Each Commissioner must be a resident of the province she represents. The Regional Chairperson and the Commissioners shall be co-terminus with the appointing authority.
SEC. 5. Powers and Functions of the Executive Office. - The Executive Office shall:
SEC. 6. RCBW Organizational Structure. - The RCBW is composed of the Commission Proper as the governing body, the Office of the Regional Chairperson and the units therein; the Administrative and Finance Division; the Education, Research and Training Division; and the Planning and Operations Division.
SEC. 7. Qualification and Appointment. – No person may be appointed as Chairman or Commissioner, unless she is a natural-born citizen of the Philippines, a resident of the Autonomous Region for five (5) years, at least 35 years of age on the day of her appointment, a registered voter, holder of a master‟s degree or its equivalent and of good moral character.
Chapter 2
Office on Bangsamoro Youth Affairs (OBYA)
SEC. 8. Declaration of Policy. - The Autonomous Regional Government recognizes the vital role of the youth in nation building.
SEC. 9. Mandate. - The Office on Bangsamoro Youth Affairs (OBYA) is mandated to prepare, implement, monitor and evaluate plans and programs for the welfare and development of the youth sector to ensure its active participation in the affairs of the government.
SEC. 10. Powers and Functions. - The Office on Bangsamoro Youth Affairs shall:
SEC. 11. OBYA Organizational Structure. – The Office on Bangsamoro Youth Affairs shall be composed of the Office of the Executive Director, Technical Management Division, Entrepreneurship/Livelihood Division, and Finance and Administrative Division.
SEC. 12. Composition. - The Office on Bangsamoro Youth Affairs shall be headed by Executive Director I and assisted by his/her immediate staff, three (3) division chiefs and provincial/city coordinators.
SEC. 13. Qualifications. - The Executive Director shall possess the qualifications required under the Civil Service Law and Rules for similar position, preferably resident of the ARMM for at least five (5) years prior to his/her appointment and must not be more than thirty-five (35) years old upon his/her appointment. The Executive Director shall have a fixed term of four (4) years without re-appointment.
Chapter 3
ARMM Bureau on Senior Citizens
SEC. 14. The Bureau on Senior Citizens shall be governed by MMA Act 92, otherwise known as An Act Creating the Bureau of Senior Citizens, Appropriating Funds Therefor, and for Other Purposes.
TITLE XXII
PEACE MONITORING AND RECONCILIATION
Chapter 1
ARMM Peace Process Office (APPO)
SECTION 1. Declaration of Policy- It is the policy of the Regional Autonomous Government of the Autonomous Region in Muslim Mindanao (ARMM) to actively participate in peace processes in consonance with the principle of settlement of conflicts by peaceful means, and abhorrence of any form of lawless violence as an instrument of redress.
SEC. 2. Mandate. – The ARMM Peace Process Office (APPO) shall be in charge for peace processes affecting the Autonomous Region in Muslim Mindanao (ARMM).
SEC. 3. The existing Joint Monitoring Committee shall be renamed as ARMM Peace Process Office (APPO).
SEC. 4. Functions. - The ARMM Peace Process Office (APPO) shall perform the following functions:
SEC. 5. APPO Organizational Structure. The ARMM Peace Process Office is composed of the Office of the Peace Adviser with a rank equivalent to Director II and shall be assisted by one (1) Legal Officer, at least five (5) Technical Staff and at least three (3) Administrative/Finance Staff.
SEC. 6. Qualifications and Term of Office. - The Peace Adviser must be a natural- born citizen of the ARMM and a resident thereof for at least five (5) years preceding his/her appointment. He/she shall have sufficient background and experience in peace building affecting the Bangsamoro people.
His/her term of office shall be co-terminus with that of the appointing authority, unless sooner removed for just cause.
Chapter 2
Regional Reconciliation and Unification Commission (RRUC)
SEC. 7. Declaration of Policy. – The Autonomous Regional Government shall adopt the policy of settlement of conflicts by peaceful means, and renounce any form of lawless violence as an instrument of redress.
SEC. 8. Mandate. - The Regional Reconciliation and Unification Commission shall serve as an advisory and conflict management body of the Autonomous Regional Government for "Rido"/feuds, thereby helping enhance the promotion and maintenance of peace and security in the region.
SEC. 9. Functions. - In the pursuit of its objectives, the Commission shall have the following functions:
SEC. 10. Composition. - The Regional Reconciliation and Unification Commission (RRUC) shall be composed of one (1) Commissioner from each component province of the region. It shall be headed by a Chairman and assisted by a Vice-chairman who shall be appointed by the Regional Governor from among the members of the Commission with a Co-terminus status.
SEC. 11. Organizational Structure. - The Regional Reconciliation and Unification Commission (RRUC) is composed of the Offices of the Chairman and the Vice-chairman, the Office of the Executive Director and supported by three (3) divisions namely: Research and Policy Division, Peace Advocacy and Conflict Management Division, and Administrative and Finance Division.
The Chairman of the Commission shall recommend to the Regional Governor the appointment of officials and employees lower in rank than the Executive Director of the Commission. The incumbent officials and employees of the commission shall continue to perform their duties and functions and shall be given preferential rights in the filling-up of the created positions pursuant to subsequent implementing rules and regulations issued by competent authority.
TITLE XXIII ADMINISTRATIVE SERVICES
Chapter 1
Human Resource Development and Management
SECTION 1. Recruitment. - The recruitment of employees for appointment in the career and non-career positions in all agencies and offices of the Autonomous Regional Government shall be open to all qualified men and women according to the principle of merit, fitness and equality and shall be in accordance with existing Civil Service rules and regulations.
All ARMM agencies and offices shall promulgate its respective Merit Selection Plan (MSP) which shall embody the procedures, scope, and manner in determining the qualified applicant or candidate for appointment to first and second level positions in the career service. It shall be guided by the following general policies:
However, recruitment and appointment of officials to third level positions shall be governed by pertinent provisions as provided for in the qualifications set forth in their respective departments, agencies, commissions or offices. In addition, applicants to said third level positions must possess executive and managerial competence.
SEC. 2. Promotion. - An employee may be promoted or transferred to a position which is not more than three (3) salary steps or job rate higher than the employee‟s present position, except in very meritorious cases, such as, if the vacant position is next-in-rank as identified in the System of Ranking Positions approved by the head of the agency or office, or the lone or
entrance position indicated in the agency‟s staffing pattern.
SEC. 3. Grievance. - Grievance which refers to work related issued giving rise to employee dissatisfaction shall be acted upon by the agency/office based on the following guidelines:
SEC. 4. Performance Management System. - In line with the policies of the Civil Service Commission, all ARMM agencies and offices shall adopt a Performance Management System (PMS) geared towards continuously fostering improvement of organizational performance, employee effectiveness and efficiency, and provision of an objective performance rating at individual and team levels as basis for performance appraisal and recognition. The PMS shall be guided by the following policies and procedures:
SEC. 5. Incentives. - The Autonomous Regional Government shall adopt the Program on Awards and Incentives for Service Excellence (PRAISE) in line with the Revised Policies on Employee Suggestions and Incentives Awards System (ESIAS) as provided by the Civil Service Commission‟s rules and regulations.
Chapter 2 Procurement Management System
SEC. 6. Procurement Policy. – It is the policy of the Autonomous Regional Government to promote greater transparency, accountability, efficiency and equal opportunity in the government procurement system in consonance with the provisions of R.A. 9184 or the Government Procurement Reform Act, aimed to safeguard government public resources against
loss or wastage due to graft and corruption, thereby generating substantial savings in the coffers of the Autonomous Regional Government.
SEC. 7. Scope and Coverage. – The Procurement Management System shall govern all procurement of the Autonomous Regional Government, departments, bureaus, agencies, locally created offices and LGUs in terms of Civil Works, Goods, Supplies, Materials and related services and consulting services.
SEC. 8. Creation of Bids and Awards Committee (BAC). – As a general rule, there shall be a single BAC in each department of the Autonomous Regional Government with the following functions:
SEC. 9. Composition of the BAC. – The BAC shall be composed of five (5) members, three (3) of whom shall be regular members and the two (2) shall be provisional members. The Chairperson shall be at least a 3rd ranking official of the Agency and the members shall be at least a 5th ranking permanent personnel.
The regular members shall be composed of: Chairperson – who shall serve for three (3) years
1st Member – who shall serve for two (2) years
2nd Member – who shall serve for one (1) year
Thereafter, all regular members shall serve for a fixed term of three (3) years. Technical, financial and legal areas of the agency shall each be represented in the fixed term/regular members. In case of resignation, retirement, separation, transfer, suspension, leave of at least six (6) months, the replacement shall serve only for the unexpired term. One of the regular members may be designated as Vice-Chairperson.
The two (2) provisional members shall be technical members from the project end- user/Project Management Office
Aside from the five (5) members of the BAC, there shall be two (2) observers from relevant sectors with no direct or indirect interest in the contact to be bid, who shall sit and monitor in the proceedings. The observers shall sit as non-voting members of the BAC.
SEC. 10. BAC Secretariat. – There shall be created a BAC Secretariat who shall act as the main support unit of the BAC. The Head of the Secretariat in the regional offices shall be at least a 5th ranking official while in the bureaus and provincial offices he/she shall be at least a 3rd ranking official.
The BAC Secretariat shall have the following functions:
SEC. 11. BAC Technical Working Group (TWG). – The BAC shall also create a Technical Working Group which shall assist in the eligibility screening and evaluation of bids. The BAC TWG has a Jury Duty wherein its members shall give utmost priority to BAC assignments over all other duties and responsibilities and shall assist in the continuous
procurement process.
SEC. 12. Administrative Penalties for Bidders and Prospective Bidders. – The Procurement System of the Autonomous Regional Government shall also adopt measures to penalize erring bidders.
Any of the following shall be a ground to suspend bidders:
SEC. 13. Appeal. – The decision of the BAC in all stages of procurement maybe appealed in writing by the bidders to the Head of the Agency. The appeal shall be made in writing by filing of Position Paper containing the following:
Name of Bidder: Office Address: Name of Project: Contract Number: Facts of the complain:
The decision of the head of agency shall be appealable to the Regional Governor whose decision shall be final.
SEC. 14. Sanctions and Accountabilities. – The Procurement Management System of the Autonomous Regional Government shall also provide for administrative sanctions and stiffer penalties in terms of fine and imprisonment for all who do not abide by the provisions stated by law.
Chapter 3
Financial Management System
SEC. 15. Fiscal Policy. – The Autonomous Regional Government, in consonance with the budget system of the national government, shall adopt a regional budget system consisting of methods and practices of the government for planning, programming and budgeting. It shall include the adoption of sound economic and fiscal policies and the execution of programs and projects geared towards the accomplishment of political, economic and social objectives. Its primary concern is the availability of use of money to provide the services required as expected from the government.
The budget system of the Autonomous Regional Government shall be interlinked with other systems or techniques of national government to accomplish its objectives. The systems of accounting, personnel administration are essential to the effective operation of the budget system.
Under this system, the Autonomous Regional Government shall carry out all government activities under a comprehensive fiscal plan, which are authorized, developed and executed in accordance with the constitution and the provisions of RA 9054, prevailing statutes and the principles of sound public management. It shall provide for periodic review and disclosure of the fiscal position of the government in such detail that fiscal officers entrusted by law with the responsibility of managing the fiscal affairs of the Autonomous Regional Government can determine the true financial position of the Regional Government.
SEC. 16. Budgeting Process. – The budgeting process shall consist of budget preparation, authorization, execution, and accountability. The process shall consist of the following:
SEC. 17. Fiscal Year. – Pursuant to Article VII, Section 21 of R.A. 9054, the fiscal year of the autonomous region shall cover the period January 1 to December 31 of every year, in consonance with the fiscal year of the national government.
Regional Assembly. Pending the enactment of such law, the budgeting process shall be governed by existing laws and rules and regulations prescribed by the Department of Budget and Management.
Appropriations Law for the respective offices from savings in other items of their respective appropriations.
Chapter 4
Property, Facilities and Equipment Management
SEC. 18. Property Ownership. - The land, permanent buildings or structures, facilities and equipment owned, controlled, administered, or in the possession of the Autonomous Regional Government, including those transferred and formerly owned, held, administered, or controlled by the defunct autonomous governments in Regions IX and XII and the properties and assets of offices devolved to the ARMM shall remain the property of the Autonomous Regional Government.
As much as practicable, these properties shall be saved, retained, developed and managed in pursuit to an effective and efficient delivery of services and governance.
SEC. 19. Disposition of Real Properties located outside ARMM. - In the event the Autonomous Regional Government decides to dispose the real properties owned, controlled and administered by the Autonomous Regional Government located outside the ARMM, these properties shall be disposed in accordance with existing pertinent laws, rules and regulations of the Autonomous Regional Government.
TITLE XXIV
ARMM GOVERNMENT OWNED AND CONTROLLED CORPORATION (ARMM-GOCC)
Chapter 1
Regional Ports and Management Authority (RPMA)
SECTION 1. Declaration of Policy. - It is the declared policy of the Autonomous Regional Government to integrate with the National Port System the management, operation, financing, planning and construction of Ports or Port District under its territorial jurisdiction in order to foster the development, growth and promotion of domestic and foreign seaborne trade and commerce in the Autonomous Region in Muslim Mindanao.
SEC. 2. Mandate. - The Regional Ports Management Authority shall manage, administer and operate all ports under its jurisdiction in the Autonomous Region in Muslim Mindanao consistent with national and global safety, security and productivity standards towards the delivery of reliable and competitive maritime services, increased port demand and utilization and attainment of sustainable financial viability in consonance with the following objectives:(;)
SEC. 3. Powers and Functions. - In pursuing its mandate to align all port facilities in the Regional Autonomy as vibrant links in the nation‟s overall Maritime Transport Chain and, of the world, the Regional Ports Management Authority (RPMA) shall exercise such corporate powers and functions, as follows:
discharging any vessel; sorting, weighing, measuring, warehousing, or otherwise, handling goods;
SEC. 4. Organizational Structure. - The Regional Ports Management Authority is composed of the Governing Board, the Office of the General Manager, the Port Services, the Ports Management Offices (PMOs) and the Terminal Management Office (TMOs).
SEC. 5. Governing Board. - The corporate powers of the Authority shall be vested in the Governing Board which shall serve as its highest policy-making body, to be composed of the following:
Communications, RLA-ARMM Member
The members of the Governing Board shall receive per diems for each Board Meeting actually attended to be fixed by them or by legislation.
Seven (7) members of the Board shall constitute a quorum to transact official business.
SEC. 6. Office of the General Manager. - The Office of the Regional Manager shall consist of the General Manager, his/her immediate staff, and the Legal Division which shall provide legal services to the Authority.
SEC. 7. Functions of the General Manager. - The General Manager shall be the head of the agency and shall be responsible to the day-to-day management and supervision of the office. He/she shall exercise the following duties and responsibilities:
SEC. 8. Assistants to the General Manager. - The General Manager shall be assisted by two (2) Assistant General Managers, one (1) for Operation and one (1) for Administration and Finance.
SEC. 9. Functions of the Assistant Manager for Operation. - The Assistant General Manager for Operation shall perform the following functions:
SEC. 10. Functions of the Assistant General Manager for Administration and Finance. - The Assistant General Manager for Administration and Finance shall exercise the following functions:
The positions of Assistant General Manager for Engineering and Assistant General Manager for Corporate Affairs may be created as the need arises, subject to the recommendation of the Governing Board and approval of the Regional Governor.
SEC. 11. Services of the Authority. - The Authority shall:
SEC. 12. Port Management Office. - A Port Management Office shall be established at an identified Baseport in ARMM to serve as maritime hub of the RPMA.
SEC. 13. Composition of the Port Management Office. - The Port Management Office shall be composed of the following:
SEC. 14. Functions of the Port Manager. - The Port Manager shall perform the following duties and functions:
SEC. 15. Terminal Management Office. - A Terminal Management Office shall be established at an identified out-port, feeder port or municipal port whenever practicable. The TMO shall be supervised by a Terminal Operation Supervisor who shall be under the administrative and operational control of the Port Manager within the province where the facility is located.
SEC. 16. Functions of the Terminal Management Supervisor. - As head of the Terminal Management Office, the Terminal Operation Supervisor shall exercise the following duties and functions:
SEC. 17. Terminal Management Office. - The Terminal Management Office shall be composed of the following units:
The composition of personnel in the established out-ports, feeder ports or municipal ports shall be recommended by the Port Manager, subject to the approval of the General Manager.
SEC. 18. Fiscal Autonomy. - In the exercise of its corporate powers, the Regional Ports Management Authority shall have fiscal autonomy over the management of its revenues and corporate funds, as approved by the Governing Board.
In the exercise of such corporate powers, a Trust Fund constituting forty percent (40%) of the collection remitted to the Regional Ports Management Authority from its ports shall be established for the exclusive use of the Authority. The disposition of this Trust Fund shall be determined by the Governing Board. The remaining sixty percent (60%) shall be remitted by the RPMA to the Office of the Regional Treasurer as Regional Funds and shall be utilized in accordance with an act of the Regional Assembly.
SEC. 19. Policy-Making and Program Coordination. - As an attached agency operating as a Government-Owned and Controlled Corporation, the Regional Secretary of DOTC-ARMM, shall prescribe policy, rules and regulations attendant to periodic reportage and project planning and programming, in coordination with the Governing Board, to ensure that RPMA corporate thrusts are well aligned with the National Maritime Transportation and Ports Development Agenda.
SEC. 20. Supervisory and Regulatory Power of the Regional Ports Management Authority. - The Regional Ports Management Authority shall exercise supervisory and regulatory powers over all private and municipal ports legally operated by private operators and local government units, in consonance with the declared policy of the State herein adopted and pursued by the Autonomous Regional Government.
SEC. 21. Compliance with International and National Port Policy. - As a signatory to the International Convention, the Philippines is committed to implement the International Ship and Port Facility Security (ISPS) Code as imposed by the UN/International Maritime Organization and, consequently, the National Security Programme for Sea Transport and Maritime Infrastructure (NSPSTMI) of the Philippines in all ports of the country. Towards this end, the Regional Ports Management Authority shall comply with the mandatory requirements under these documents, as prescribed by the DOTC/Office of Transportation Security (OTS), the single authority designated by the Republic of the Philippines, as a Contracting Government, set forth under Executive Order No. 311 and the provisions of all Transportation Security Regulations, (TSR), as may be hereinafter, legislated and/or formulated for all ports in the country.
The Regional Ports Management Authority shall also comply and implement other existing International Conventions regulating Vessel Entrance/Clearance Amenities and Maritime Pollution (UN-IMO), Dockworkers Safety and Health Standards (UN-ILO) and Cargo Documentation and Packaging (UN-ISO), among others.
SEC. 22. Imperative of Port Planning, Construction and Development. - The port planning, construction and development of the RPMA shall conform with the advent of modernization of the shipping industry and growing sophistication in cargo handling services influenced by the globalization and onset of the "Borderless Economy" which makes it imperative for the RPMA to modernize and be compliant with global standards of cargo, vessel and passenger amenities presently revolutionizing waterfronts worldwide.
SEC. 23. Powers of Harbor Master. - The Authority, through the Harbor Master of a port or Port District, may:
SEC. 24. Authority to Formulate Port Rules and Regulations. - The RPMA shall have the power to formulate and enforce port rules and regulations consistent with national policy and to impose/exact reasonable administrative fines for such specific amounts and for such specific violations arising out of the use of the port.
SEC. 25. RPMA Management and Staff. – The RPMA Management and Staff shall be screened and appointed subject to the following policy:
SEC. 26. Creation of Port Bodies. - To ensure safety, security and productivity and to sustain port utilization and demand in the ARMM Port System, the following Port Bodies may be created:
and outports in country to deter all forms of unlawful acts aimed at ships, port facilities, equipment and Maritime Industry Participants; and
Vessel Masters arising from accidents which result to damage of vessel and/or port
facilities and injuries the people and to decide such case after due process.
Membership of the aforecited Port Bodies shall be culled from the cross-section of various Maritime Industry participants of the region, as may be deemed appropriate by the Authority.
SEC. 27. Quasi-Judicial Power. - As a public corporate entity, the Regional Ports Management Authority is clothed with Quasi-Judicial Power to try and hear cases and its decision on cases under its jurisdiction is final and executory.
SEC. 28. Plantilla Positions and Funding Support. - Upon enactment of this Code, the General Manager shall make direct representations to the Department of the Budget Management for the approval of the existing RPMA Organizational Structure herein initially proposed, from the Regional Office down to the Port Management Offices and Terminal Management Offices, for the immediate opening of plantilla positions of port personnel with the corresponding budget support in consonance with the provisions of EO No. 435, DOTC DO 97-1113 and applicable national policy.
SEC. 29. The provisions of MMA Act 125 which are not consistent with the Code is hereby repealed.
Chapter 2
Regional Telecommunications Commission (RTC)-ARMM
SEC. 30. Mandate. – The Regional Telecommunications Commission -ARMM is an attached agency of the DOTC-ARMM. It shall exercise the mandate pertaining to all matters of telecommunications in the Autonomous Region as provided by the Executive Issuance devolving the DOTC which includes the National Telecommunications Commission to the Autonomous Government.
SEC. 31. Powers and Functions of RTC-ARMM. - In coordination with the Department of Transportation and Communication-ARMM, the RTC-ARMM shall exercise the following powers and functions:
SEC. 32. RTC-ARMM Organizational Structure. - The RTC-ARMM is composed of the Office of the Regional Director with a rank of Director II, the Office of the Assistant Director with a rank of Director I, the Administrative and Finance Division, the Enforcement Division, the Licensing Division and the Field Coordinating Offices and the respective sections and units in the Office.
SEC. 33. Divisions under the RTC-ARMM. - There shall be three (3) divisions in the RTC-ARMM, namely:
Each of the aforesaid divisions shall be headed by a Division Chief to be appointed by the Regional Director of RTC-ARMM.
SEC. 34. Powers and Functions of the Administrative and Finance Division. - Administrative and Finance Management Division shall have the following powers and functions:
SEC. 35. Powers and Functions of the Licensing Division. – The Licensing Division shall have the following powers and functions:
SEC. 36. Powers and Functions of the Enforcement/Operations Division. - The Enforcement/ Operations Division shall have the following powers and functions:
SEC. 37. Standard Setting. - The RTC-ARMM, in the exercise of its powers as devolved under Executive Order 435 may formulate its own standards; provided that in the formulation of the regional standards, it shall adhere to the national standards and pertinent national laws as a minimum requirement.
SEC. 38. Budget and Appropriation. - The budget for RTC-ARMM shall, in coordination with the RBMO, be directly transferred to it in accordance with existing budget and appropriation policies.
SEC. 39. Revenue Collection and Its Allocation. - All revenues collected by RTC- ARMM pursuant to its mandate shall accrue to the Autonomous Regional Government Fund, provided that forty percent (40%) of its remittances shall be retained and directly allocated for RTC-ARMM thru a Trust Fund which shall be used to augment the operational budget of the agency.
SEC. 40. Allocation of Programs and Projects. - Pursuant to Section 8 of Presidential
E.O. 435 Series of 1997, all allocations of programs and projects of the NTC, whether locally- funded or foreign-assisted, in the ARMM, earmarked for or to be implemented in the region, including grants, shall be transferred to the RTC-ARMM including its corresponding budgets and assets as well as the existing assets, equipment, being programmed or utilized for ARMM and its component provinces and city.
SEC. 41. Technical Assistance. - The DOTC-ARMM shall make available to the RTC- ARMM such technical assistance as may be necessary to enable it to carry out effectively the mandate of the agency pursuant to Regional Executive Order No. 04, Series of 2011.
SEC. 42. Personnel. - The two (2) devolved personnel serving as Senior Telecommunications Officers from NTC who are under the direct control and supervision of the DOTC-ARMM at the time of the approval of this Code and the corresponding budget thereof, shall be transferred to and absorbed by the RTC-ARMM without loss or diminution of seniority rights, compensation and other benefits. Such devolved personnel shall continue to enjoy security of tenure and shall not be removed except for a valid cause in accordance with Civil Service law, rules and regulations.
SEC. 43. Transfer of Funds, Records and Properties. – The funds, records and properties belonging to the NTC-ARMM which are under the direct control and supervision of the DOTC-ARMM at the time of the approval of this Code, shall be turned over to the RTC- ARMM within the period not exceeding three (3) months after the effectivity of this Code. The
official responsible to effect such transfer who refuses or fails to abide by this provision shall be held accountable in accordance with existing law.
Chapter 3
Regional Economic Zone Authority (REZA)
SECTION 1. The Regional Economic Zone Authority (REZA) shall be governed by MMA Act 154, otherwise known as Autonomous Region in Muslim Mindanao Special Economic Zone Act of 2003.
BOOK V GENERAL PROVISIONS
Chapter 1 Applicability
SECTION 1. Scope. - This Code shall be applicable to all Departments, Agencies, Bureaus, and Offices under the Autonomous Regional Government of the Autonomous Region in Muslim Mindanao.
SEC. 2. Gender. Where a masculine noun or pronoun is used in this Code, it shall likewise imply and include the corresponding feminine gender.
SEC. 3. Collection and Remittance. – Fees, charges, levies, taxes, dues and other income collected and received by Government-Owned or -Controlled Corporations (GOCC‟s) and other agencies of the ARMM shall be remitted to the account of the Regional Treasury. The manner and regularity of remittance shall be in accordance with existing laws, rules and regulations relative thereto.
Chapter 2 Amendments or Revisions
SEC. 4. Amendments or Revisions. - Consistent with the provisions of the Constitution, this Code may be amended or revised by the Regional Assembly by a majority vote of all its members.
Chapter 3 Transitory Provisions
SEC. 5. Devolution. – All offices, powers and functions, personnel, properties, equipment, budget and other financial resources to be devolved from the Central Government shall be placed immediately under the supervision and control of the Autonomous Regional Government.
SEC 6. Security of Tenure. – The security of tenure and seniority rights of all permanent officials and rank-and-file employees affected by the renaming, realignment, reorganization, reclassification of positions and transfer of offices by virtue of this Code shall be respected in accordance with existing Civil Service law, rules and regulations.
SEC. 7. Separability Clause. – The provisions of this Code are hereby declared to be separate and in the event one or more of such provisions are held unconstitutional, the validity of other provisions shall not be affected thereby.
SEC. 8. Repealing Clause. – All laws, decrees, orders, rules and regulations, and other issuances or parts thereof, which are inconsistent with this Code, are hereby repealed or amended accordingly.
SEC. 9. Effectivity Clause. – This Act shall take effect after fifteen (15) days following its complete publication in at least one (1) newspaper of general circulation in the autonomous region and/or in the official websites of the Regional Assembly and the Office of the Regional Governor.
APPROVED:
DATU ROONIE Q. SINSUAT
Speaker
This Code was passed by the Regional Assembly on November 28, 2011.
DATU MAMA M. AMPATUAN
Secretary General
APPROVED:
ANSARUDDIN ALONTO ADIONG
Acting Regional Governor
Date: