Republic Act No. 6766             October 23, 1989
AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE CORDILLERA AUTONOMOUS REGION
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
The God of peace, love and justice guiding them, the Filipino people of the Cordillera, faithful to the struggle of their forbears for the protection of their patrimony and the preservation of their heritage, in order to secure for themselves and their posterity a region of peace founded on truth, freedom, justice, love and human solidarity, and establish a Regional Autonomous Government within the framework of the Constitution and the national sovereignty as well as the territorial integrity of the Republic of the Philippines that shall ensure their human rights, their human development, and their participation in the affairs of the Filipino Nation, do proclaim this Organic Act of the Cordillera Autonomous Region, through the Congress of the Philippines.
The Autonomous Region Name and Area
Section 1. There is hereby created an Autonomous Region in the Cordilleras to be known as the Cordillera Autonomous Region.
Section 2. (A) The area of the Cordillera Autonomous Region shall consist of the city and the provinces that shall vote favorably in the plebiscite called for the ratification of this Organic Act pursuant to Section 18, Article X of the Constitution.
(B) The area of the plebiscite shall be the provinces of Benguet, Mountain Province, Ifugao, Abra and Kalinga-Apayao, and the chartered City of Baguio.
Guiding Principles and Policies
Section 1. The Cordillera Autonomous Region is an integral and inseparable part of the territory of the Republic of the Philippines.
The People of the Autonomous Region shall uphold the Constitution as the fundamental law of the land and unequivocally owe allegiance and fidelity to the Republic of the Philippines.
The Autonomous Region shall be governed and administered in accordance with this Organic Act.
Section 2. Autonomy ensures for the people of the Cordilleras the right to secure for themselves their ancestral domain, develop their economy, promote their cultural heritage, and establish a system of self-governance within the framework of the Philippine Constitution and national sovereignty, as well as the territorial integrity of the Philippines.
Section 3. All government authority emanates from the people and shall be exercised with their democratic participation, representation and consent.
Section 4. It is the primary duty of the Regional Government to ensure and protect the basic individual and collective rights of its constituents, as enshrined in the Constitution and this Organic Act.
Section 5. The people of the Cordilleras aspire for peace founded on justice and reverence for human life and dignity. The promotion of peace shall include the renunciation of all forms of lawless violence, cruelty, vengeance and discrimination.
Section 6. The common good requires equal access to resources, employment, and services by all ethnic, social and economic sectors and the adoption of measures for the democratic sharing of wealth, power and opportunities without distinctions based on ethnic origin, sex, language, political conviction, economic or social status or religious belief. The Regional Government shall adopt policies necessary to minimize the disparities between rich and poor, rural and urban areas and among territorial subdivisions.
Section 7. The people of the Cordilleras have the right, especially through their voluntary organizations and movements, to participate and be equitably represented at appropriate levels of social, economic and political decision-making and in the formulation and implementation of local, regional and national priorities, plans, programs and projects, and to monitor their implementation.
Section 8. The development of the region requires the creation of an environment that shall provide for the basic human needs and ensure a rising standard of living for all.
The people of the region shall have prior right to the utilization and development of the natural, material, and fiscal resources of the region.
The natural, material and fiscal resources of the region shall be put to optimum and just use primarily for the benefit of the people of the Cordilleras.
The conservation and protection of the natural environment by the Cordillera Autonomous Region and its people is an essential dimension of regional development.
The Regional Government shall promote a balanced and sustainable economic growth and development in the region.
Section 9. It is the task of the Cordillera Autonomous Region to establish within the framework of the national system of education, as defined in the Constitution and national laws, an educational system, both formal and non-formal, that provides for its people an education of the best quality within its means; responds to the needs of Cordillera communities; encourages creativity and critical thinking; promotes science and appropriate technology; respects indigenous culture; inculcates respect for human rights and the dignity of work; fosters love of God and neighbor, self-reliance, nationalism, solidarity and other desirable Filipino values; and contributes to the common good.
Section 10. The development of the youth is a prime duty of the Cordillera Autonomous Region. Their effective participation and representation in public affairs shall be guaranteed.
Section 11. Civilian authority shall remain supreme at all times for the protection of the freedom of the people and for the promotion of their safety and welfare.
Section 12. The National Government shall provide financial assistance to the Cordillera Autonomous Region by appropriating such sums as may be necessary to accelerate the development of the region.
Section 13. The Regional Government shall pursue a policy of holding consultations or public hearings on matters of local and regional priorities, plans and programs as well as transparency in the implementation of projects affecting the constituents of the local government units concerned.
Section 14. The Regional Government shall pursue a policy of devolution of powers and functions whereby lower levels of government are entrusted with functions appropriate to them: Provided, however, That until a regional law implementing this provision is enacted, the Local Government Code shall be applicable.
Section 15. The Regional Government shall recognize the role of organized sectors and groups to initiate the monitoring and investigation of fund utilization, work contracts and projects implementation, and the filing of charges for irregularities.
Section 16. The Regional Government shall adopt measures to free the people from poverty, generate employment and develop a self-reliant economy effectively controlled by Filipinos.
Section 17. It is the policy of the Cordillera Autonomous Region to prohibit the development, storage, use or transport of nuclear, biological or chemical weapons within the region.
Section 18. The Regional Government shall, consistent with the Constitution and national laws and policies, provide incentives to investors, corporations and businesses but shall adopt measures to prevent the exploitation of natural and human resources and to ensure that such activities contribute to the development of the region and the democratic sharing of wealth and income among the inhabitants and local government units.
Section 19. Subject to the Constitution and national policies, the Regional Government shall review all forms of future aid or loans to local government units in order to safeguard autonomy and enhance development.
Section 20. Subject to the Constitution and national policies, the Regional Government shall set guidelines for energy production, public transportation and communications.
Section 21. The Regional Government shall institute measures to promote courtesy, impartiality and integrity in public service and to eradicate nepotism, favoritism, graft and corruption, red tape and waste.
Section 22. The Regional Government shall promote and harmonize the interests of both labor and capital and shall protect their respective rights.
Section 23. The Regional Government shall ensure that women and men enjoy equality before the law and shall, in particular, prevent sex discrimination in the practice of professions, in conditions of, and opportunities for, employment or promotion.
Section 24. The Regional Government shall enact laws to protect children against all forms of neglect, cruelty and exploitation, particularly in employment harmful to their moral, physical, or mental health.
Section 25. Except under a state of emergency, no military personnel shall be appointed or designated to any public position which is civilian in character, including government-owned or controlled corporations or any of their subsidiaries in the Regional Government. Neither shall they be appointed or designated to such positions within five (5) years from their separation or retirement from the military service.
Section 26. The Regional Government shall take measures to prevent torture; other cruel, inhuman, and degrading treatment or punishment; and illegal detention and extra-judicial executions.
Section 27. Subject to the Constitution and national policies, the Regional Government shall pursue reconciliation efforts and promote peace and demilitarization in the region.
Section 28. The above principles and policies shall be in addition to the principles and policies embodied in the Constitution.
Powers of Government
Section 1. The Cordillera Autonomous Region is a territorial and political subdivision administered by the Cordillera Government consisting of the Regional Government and local government units, under the general supervision of the President, and is hereby constituted as a municipal corporation vested with all the powers inherent in its character as such and those expressly granted to it by this Organic Act.
Section 2. The Regional Government shall exercise powers and functions necessary for the proper governance and development of all provinces, cities, municipalities, and barangay or ili within the Autonomous Region consistent with the declared constitutional policy on regional and local autonomy and decentralization: Provided, That nothing in this Act shall be construed as to authorize the diminution of the powers and functions already enjoyed by local government units.
Section 3. (A) The powers and functions of government in the Autonomous Region granted under Section 20 and 21, Article X of the Constitution shall be, where appropriate, share and exercised by the Regional Government and the local government units.
(B) The Autonomous Region is a corporate entity with jurisdiction in all matters devolved to it by the Constitution and this Organic Act as herein enumerated:
(a) Administrative organization;
(b) Creation of sources of revenues;
(c) Ancestral domain and natural resources;
(d) Personal, family, property and tribal relations;
(e) Urban and rural planning development;
(f) Economic, social and tourism development;
(g) Educational policies;
(h) Preservation and development of the cultural heritage;
(i) Powers, functions and responsibilities now being exercised by the departments of the National Government except:
(1) Foreign affairs;
(2) National defense and security;
(3) Postal service;
(4) Coinage, and fiscal and monetary policies;
(5) Administration of justice;
(7) Customs and tariffs;
(9) Naturalization, immigration and deportation;
(10) General auditing, civil service and elections;
(11) Foreign trade;
(12) Maritime, land and air transportation, and communications that affect areas outside the Autonomous Region; and
(13) Patents, trademarks, trade names, and copyrights; and
(j) Such other matters as may be authorized by national law for the promotion of the general welfare of the people in the region.
The Regional Government shall set up appropriate offices, agencies, and instrumentalities to carry out its powers, functions and responsibilities.
Section 4. The Regional Government may exercise the power of eminent domain.
Section 1. The President shall exercise general supervision over the Regional Government including the local government units therein, directly or through the Cordillera Governor, to ensure that national and regional laws are faithfully executed.
Section 2. All judicial and quasi-judicial bodies shall continue to exercise their powers as provided in the Constitution and national laws unless otherwise provided herein.
Section 3. The Regional Government, working closely with the people through their non-governmental organizations and other appropriate institutions, shall initiate and implement programs and projects in all areas within its scope of authority and responsibility.
Section 4. Each province and city of the region shall continue to be represented in Congress in such number and proportion as may be determined by national law.
The Legislative Department
Section 1. The regional legislative power shall be vested in the Cordillera Assembly, except to the extent reserved by the Constitution and this Organic Act on initiative and referendum.
Section 2. Provisions of existing laws to the contrary notwithstanding, the Cordillera Assembly may create, divide, merge, abolish or substantially alter boundaries of any province, city, municipality or barangay or ili subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. It may also change the names of such local government units, public places and institutions.
Section 3. The Cordillera Assembly shall approve the budget of the Autonomous Region.
Section 4. Unless otherwise provided by national law, the Cordillera Assembly shall be composed of not more than thirty-two (32) Members who shall be elected from regional assembly districts apportioned by regional law among the provinces and cities in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, taking into account geography and ethnolinguistic characteristics: Provided, That each province or city shall have at least one (1) Member. Each district shall comprise a compact and contiguous territory. The Members shall be elected by the qualified voters of their respective regional assembly districts.
Within two (2) years after the return of every census, a reapportionment of the regional assembly districts shall be made by the Cordillera Assembly in accordance with the criteria hereinabove established.
Section 5. (A) The Members of the Cordillera Assembly shall have a term of three (3) years which shall begin, unless otherwise provided by national law, at noon on the thirty-first day of March next following their election and shall end at noon of the same date three (3) years thereafter.
(B) No Member of the Cordillera Assembly shall serve for more than three (3) consecutive terms. Voluntary renunciation of, or removal from, office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
Section 6. (A) Unless otherwise provided by national law, the regular election of the Members of the Cordillera Assembly shall be held on the second Monday of February.
(B) In case of vacancy in the Cordillera Assembly occurring at least one (1) year before the expiration of the term of office, a special election shall be called to fill the vacancy in the manner prescribed by regional law: Provided, That the Member elected shall serve only for the unexpired term.
Section 7. No person shall be a Member of the Cordillera Assembly unless she is a natural-born citizen of the Philippines, at least twenty-one (21) years of age on the day of the election, able to read and write, a registered voter in the political subdivision in which he shall be elected, and an actual resident thereof for a period of not less than one (1) year and of the Cordilleras for at least five (5) years immediately preceding the day of the election.
Section 8. The Cordillera Assembly shall elect its Speaker, who shall be its presiding officer, by a majority vote of all its Members. It shall choose such other officers as the rules of the Assembly may require.
Section 9. The Cordillera Assembly shall convene once every year on the fourth Monday of April for its regular session, unless a different date is fixed by national law, and shall continue to be in session for such number of days as it may determine until thirty (30) days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays. However, it may be called to a special session at any time by the Cordillera Governor.
Section 10. (A) A majority of all the Members of the Cordillera Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties as the Cordillera Assembly may provide.
(B) The Cordillera Assembly may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds (2/3) of all its Members, suspend or expel a Member: Provided, That the period of suspension shall not exceed sixty (60) days.
(C) The Cordillera Assembly shall keep a Journal of its proceedings, and from time to time publish the same, and the yeas and nays on any question shall, at the request of one-fifth (1/5) of the Members present, be entered in the Journal.lawphil.net
Section 11. (A) Unless otherwise provided by Congress, each Member of the Cordillera Assembly shall receive an annual salary of One hundred twenty thousand pesos (P120,000.00), except the Speaker who shall receive a salary of One hundred forty-four thousand pesos (P144,000.00) per annum. They shall not receive during their tenure any other emolument from the Government.
(B) The records and books of accounts of the Cordillera Assembly shall be open to the public in accordance with law. Such books shall be audited by the Commission on Audit which shall publish annually the itemized expenditures of each Member.
Section 12. No Member shall be questioned or be held liable in any other place for any speech or debate in the Cordillera Assembly or in any committee thereof.
Section 13. No Member of the Cordillera Assembly shall hold any other office or employment in the Government or any of its subdivision, agency or instrumentality, including government-owned or controlled corporations or their subsidiaries, during his tenure.
Section 14. No Member of the Cordillera Assembly shall personally appear as counsel before courts of justice or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any other franchise or special privilege granted by the Government or any subdivision, agency or instrumentality, including any government-owned or controlled corporation or its subsidiary, during his tenure. He shall not intervene in any matter before any office of the Cordillera Autonomous Region for his pecuniary benefit or where he may be called upon to act on account of his office.
Section 15. All Members of the Cordillera Assembly shall, upon their assumption of office, make a full disclosure of their financial and business interests, including those of their spouses and unmarried children under eighteen (18) years of age living in their households. They shall notify the Assembly of any potential conflict of interest that may arise from the filing of measures of which they are authors.
Any Member found guilty of non-disclosure as required under this section may be expelled by a two-thirds (2/3) vote of all the Members of the Cordillera Assembly, without prejudice to his other liabilities under pertinent legislation.
Section 16. (A) There shall be created a Regional Commission on Appointments to be composed of the Speaker as Chairman, and six (6) Members coming from different provinces and cities in the Autonomous Region, who shall be elected from among the Members of the Cordillera Assembly.
(B) The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty (30) session days of the Cordillera Assembly from their submission. The Commission shall decide by a majority vote of all the Members thereof.
(C) All original and promotional appointments to positions created by the Cordillera Assembly with the rank of Cabinet members and their assistants, regional directors, heads of agencies, or commissions shall be subject to review and confirmation by the Regional Commission on Appointments.
(D) The Regional Commission on Appointments shall be constituted within thirty (30) days after the election of the Speaker of the Cordillera Assembly. The Regional Commission on Appointments shall meet only while the Cordillera Assembly is in session, at the call of its Chairman or a majority of all its Members, to discharge its powers and functions.
Section 17. (A) There shall be a people's hour at least once a month or as often as the rules of the Cordillera Assembly may provide, which shall be included in the Order of Business, during which any member of the Cabinet may, upon his own initiative, with the consent of the Cordillera Governor, or upon the request of the Cordillera Assembly, appear and answer questions and interpellations by Members of the Assembly on any matter pertaining to his department.
(B) The Cordillera Assembly or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.
Section 18. (A) The Cordillera Governor shall submit to the Cordillera Assembly not later than two (2) months before the beginning of every regular session, to serve as the basis of the regional appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.
The fiscal year of the Cordillera Autonomous Region shall cover the period April 1 to March 31 of the succeeding year.
(B) The Cordillera Assembly may not increase the appropriations recommended by the Cordillera Governor for the operation of the Regional Government as specified in the budget. The form, content and manner of preparation of the budget shall be prescribed by regional law: Provided, however, That pending the enactment of such a regional law, the budgeting process of the Regional Government shall be governed by existing national laws and rules and regulations prescribed by the Department of Budget and Management.
(C) No provision or enactment shall be embraced in the regional appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.
(D) The procedure in approving appropriations for the Cordillera Assembly shall strictly follow the procedure for approving appropriations for other departments and agencies of the Regional Government.
(E) A special regional appropriation bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the Regional Treasurer, or to be raised by a corresponding revenue proposal therein.
(F) No law shall be passed authorizing any transfer of appropriations; however, the Cordillera Governor and the Speaker of the Cordillera Assembly may, by regional law, be authorized to augment any item in the regional appropriations law for their respective offices from savings in other items of their respective appropriations.
(G) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by regional law.
(H) If, by the end of any fiscal year, the Cordillera Assembly shall have failed to pass the regional appropriations bill for the ensuing fiscal year, the Regional Appropriations Law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the regional appropriations bill is passed by the Cordillera Assembly.
(I) The Cordillera Governor shall have the power to veto any particular item or items in an appropriation or revenue bill, but the veto shall not affect the item or items to which he does not object.
Section 19. (A) The rule of taxation shall be uniform and equitable. The Cordillera Assembly shall evolve a progressive system of taxation.
(B) Charitable institutions, churches, parsonages or convents appurtenant thereto, mosques and temples, non-profit cemeteries, and all lands, buildings and improvements actually, directly and exclusively used for religious or charitable purposes shall be exempt from taxation.
Section 20. (A) No money shall be paid out of the Regional Treasury except in pursuance of an appropriation made by regional law.
(B) No public money or property shall be appropriated, applied, paid or used directly or indirectly for the use, benefit or support of any sect, church, denomination, sectarian institution, or system of religion or for the use, benefit or support of any priest, preacher, minister, imam or other religious teacher or dignitary as such, except when such priest, preacher, minister, imam or dignitary is assigned to the regional police or government orphanage and rehabilitation centers or similar institutions.
(C) All money collected on any regional tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general fund of the Regional Government.itc@alf
Section 21. (A) Every bill shall embrace only one (1) subject which shall be expressed in the title thereof.
(B) No bill shall become a law unless it has passed three (3) readings on separate days, and printed copies thereof in its final form have been distributed to the Members three (3) days before its passage, except when the Cordillera Governor certifies to the necessity of its immediate enactment to meet a public calamity or emergency affecting the region or any of its component provinces, cities, municipalities or barangay or ili. Upon the last reading of a bill, no amendment thereto shall be allowed and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.
Section 22. Every bill passed by the Cordillera Assembly shall, before it becomes a law, be presented to the Cordillera Governor. If he approves the same, he shall sign it; otherwise, if the bill contains ultra vires provisions, or if he finds it objectionable on policy grounds, or both, he shall veto it and return it with his objections to the Cordillera Assembly, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of all the Members of the Assembly shall agree to pass the bill, it shall become a law. In all such cases, the vote shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in the Journal. The Cordillera Governor shall communicate his veto of any bill to the Assembly within thirty (30) days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.
Section 23. The Speaker of the Cordillera Assembly shall, within ten (10) working days from approval thereof, submit to the President and to both Houses of Congress a certified true copy of all laws and resolutions passed by the Cordillera Assembly.
The Executive Department
Section 1. The executive power shall be vested in a Cordillera Governor who shall be elected at large by direct vote of the people of the Autonomous Region.
Section 2. No person may be elected Cordillera Governor unless he is a natural-born citizen of the Philippines, and on the day of the election is at least thirty-five (35) years of age, able to read and write, a registered voter in the region and an actual resident thereof for a period of not less than five (5) years immediately preceding the day of election.
Section 3. The Cordillera Governor shall be assisted by a Cabinet of six (6) members at least four (4) of whom shall preferably come from indigenous cultural communities: Provided, That the members shall, as far as practicable, come from various provinces and cities within the Autonomous Region.
The members of the Cabinet must be registered voters and residents of the region for at least five (5) years immediately preceding their appointment.
The Cordillera Governor shall appoint the members of the Cabinet subject to confirmation by the Regional Commission on Appointments.
Section 4. There shall be a Cordillera Deputy Governor who shall have the same qualifications and term of office and be elected with and in the same manner as the Cordillera Governor. He may be removed from office in the same manner as the Cordillera Governor. The Cordillera Deputy Governor may be appointed as a member of the Regional Cabinet. Such appointment requires no confirmation.
Section 5. The Cordillera Governor and the Cordillera Deputy Governor shall be elected by direct vote of the people of the Autonomous Region for a term of three (3) years which shall begin at noon on the thirty-first day of March next following the day of election and shall end at noon of the same date three (3) years thereafter.
No Cordillera Governor or Cordillera Deputy Governor shall serve for more than three (3) consecutive terms. Voluntary renunciation of, or removal from, office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.
Unless otherwise provided by national law, the regular election for the Cordillera Governor and Cordillera Deputy Governor shall be held on the second Monday of February.
Section 6. The Cordillera Governor and the Cordillera Deputy Governor on assuming office shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as Cordillera Governor (or Cordillera Deputy Governor) of the Cordillera Autonomous Region, presence and defend the Constitution of the Republic of the Philippines and this Organic Act, execute its laws, do justice to all and consecrate myself to the service of the Cordilleras. So help me God." (In case of affirmation, the last sentence will be omitted.)
Section 7. The annual compensation of the Cordillera Governor and the Cordillera Deputy Governor shall, unless otherwise provided by national law, be fixed at One hundred eighty thousand pesos (P180,000.00) and One hundred forty-four thousand pesos (P144,000.00), respectively. They shall not receive during their tenure any other emolument from the Government.
Section 8. The Cordillera Governor shall be provided with a reasonable housing allowance by the Cordillera Assembly.
Section 9. The Cordillera Governor-elect and the Cordillera Deputy Governor-elect shall assume office at the beginning of their terms.
If the Cordillera Governor-elect fails to qualify, the Cordillera Deputy Governor-elect shall act as Cordillera Governor until the Cordillera Governor-elect shall have qualified.
If the Cordillera Governor shall not have been chosen, the Cordillera Deputy Governor-elect shall act as Cordillera Governor until a Cordillera Governor shall have been chosen and qualified.
If at the beginning of the term of the Cordillera Governor, the Cordillera Governor-elect shall have died or shall have been permanently disabled, the Cordillera Deputy Governor-elect shall become Cordillera Governor.
Where no Cordillera Governor and Cordillera Deputy Governor shall have qualified, or where both have died or become permanently disabled, the Speaker of the Cordillera Assembly shall act as Acting Cordillera Governor until a Cordillera Governor or Cordillera Deputy Governor shall have been chosen and qualified.
The Cordillera Assembly shall, by law, provide for the manner in which one who is to act as Cordillera Governor shall be selected until a Cordillera Governor or a Cordillera Deputy Governor shall have qualified, in case of death, permanently disability or resignation of the Speaker.
Section 10. In case of death, permanent disability, removal from office, or resignation of the Cordillera Governor, the Cordillera Deputy Governor shall become the Cordillera Governor to serve for the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the Cordillera Governor and Cordillera Deputy Governor, the Speaker of the Cordillera Assembly shall act as Cordillera Governor until the Cordillera Governor or Cordillera Deputy Governor are elected and qualified in a special election called for the purpose: Provided, That upon assumption as acting Cordillera Governor, the Speaker of the Cordillera Assembly shall temporarily vacate his position as such and a Speaker Pro Tempore shall be elected: Provided, further, That upon the election and assumption of office of the new Cordillera Governor, the Speaker shall reassume his office.
The Cordillera Assembly shall, by law, provide who shall serve as Cordillera Governor in case of death, permanent disability, or resignation of the Acting Cordillera Governor. He shall serve until the Cordillera Governor shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting Cordillera Governor.
Section 11. In case of temporary incapacity of the Cordillera Governor to perform his duties on account of physical or legal causes, or when he is on official leave of absence or on travel outside the territorial jurisdiction of the Republic of the Philippines, the Cordillera Deputy Governor, or if there be none, or in case of his temporary incapacity or refusal to assume office, the Speaker of the Cordillera Assembly, shall exercise the powers, duties and functions of the Cordillera Governor.
Section 12. Whenever there is a permanent vacancy in the office of the Cordillera Deputy Governor occurring at least one (1) year before the expiration of his term of office, the Cordillera Assembly shall call a special election to fill the vacancy in the manner prescribed by regional law: Provided, That the Cordillera Deputy Governor elected shall serve only for the unexpired term.
Section 13. The Cordillera Assembly shall, at ten o'clock in the morning of the third day after the vacancies in both the offices of Cordillera Governor and Cordillera Deputy Governor occur, convene in accordance with its rules without need of a call and within seven (7) days enact a law calling for a special election to elect a Cordillera Governor and a Cordillera Deputy Governor to be held not earlier than thirty (30) days or later than forty-five (45) days from the time of such call. The bill calling for such special election shall be deemed certified under the applicable law and shall become a law upon its approval on the third reading by the Assembly. Appropriations for the special election shall be charged against any current appropriation. The convening of the Assembly shall not be suspended. Neither shall the special election be postponed. No special election shall be called if the vacancies occur within twelve (12) months immediately preceding the next regional elections.
Section 14. The Cordillera Governor, the Cordillera Deputy Governor, and the members of the Cabinet and their assistants shall not, during their tenure, hold any other office except as otherwise provided in this Organic Act, practice any profession, or participate directly or indirectly in any business or be financially interested directly or indirectly in any contract with, or in any franchise or special privilege granted by the Cordillera Government or any subdivision, agency or instrumentality thereof, including any national or regional government-owned or controlled corporation.
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the Cordillera Governor shall not, during his tenure, be appointed members of the regional Cabinet or chairmen of regional commissions, or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries located in the Autonomous Region.
Section 15. The Cordillera Governor shall have control of all executive departments in the Regional Government.
Section 16. The Cordillera Governor shall appoint the heads of regional departments, bureaus or offices with the concurrence of the Regional Commission on Appointments. The Cordillera Assembly may, by law, vest in the members of the Cabinet, special courts, heads of agencies, commissions and boards, the power to appoint subordinate officers.
Section 17. Any member of the Cabinet may be removed or replaced by the Cordillera Governor at any time, with or without cause. The salaries and emoluments of Cabinet members shall be fixed by regional law which shall not be decreased during their tenure.
Section 18. The Cordillera Governor shall address the Cordillera Assembly at the opening of its regular session. He may also appear before it at any other time. The Cordillera Assembly may invite the President and other government officials to address it.
Indigenous and Special Courts
Section 1. There is hereby created a system of tribal courts, which may include a Tribal Appellate Court, for the indigenous cultural communities in the Autonomous Region. These courts shall determine, settle and decide controversies and enforce decisions involving personal, family and property rights in accordance with the tribal codes of these communities. The Cordillera Assembly shall, in consultation with the Supreme Court, define their composition and jurisdiction in accordance with this Act. It may also create a Council of Elders and provide for its organization and jurisdiction.
Section 2. The decisions of the special courts shall be final and executory: Provided, however, That nothing herein contained shall affect the original and appellate jurisdiction of the Supreme Court as provided in the Constitution.
Section 1. The territorial and political subdivisions of the Autonomous Region are the provinces, cities, municipalities, and barangay or ili, where applicable. For purposes of this Organic Act, the ili refers to a tribal village occupying a definite area within the Autonomous Region.
Section 2. The territorial and political subdivisions shall enjoy local autonomy.
Section 3. The Cordillera Governor shall exercise general supervision over local governments. Provinces with respect to municipalities, and cities and municipalities with respect to their component barangay or ili, shall ensure that the acts of their component units are within the scope of their legally mandated powers and functions.
Section 4. Subject to the Constitution and national policies, local government units are entitled to an equitable share in the proceeds of the utilization and development of the natural resources within their respective areas, in the manner provided by regional law, including sharing the same with the inhabitants by way of direct benefits.
Section 5. The term of office of the elective local officials except that of the barangay or ili officials which shall be determined by regional law, including customary law, shall be three (3) years. No such official shall serve for more than three (3) consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
Section 6. Cities within the Autonomous Region shall be governed by their charters. Nothing herein shall be construed in any manner as to diminish the powers and functions already enjoyed by these cities.
Accountability of Public Officers
Section 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives.
Section 2. The Cordillera Governor and the Cordillera Deputy Governor may be removed for and conviction of culpable violation of the Constitution and this Organic Act, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust by a three-fourths (3/4) vote of all the Members of the Cordillera Assembly.
The Cordillera Assembly may initiate the removal of the Cordillera Governor or the Cordillera Deputy Governor under this section by a majority vote of all its Members.
The Cordillera Assembly shall promulgate the necessary rules to carry out effectively the purposes of this section.
Section 3. No proceedings for the removal of the Cordillera Governor and the Cordillera Deputy Governor shall be initiated more than once within a period of one (1) year.
Section 4. Without prejudice to the provisions of Section 2 hereof, the Cordillera Assembly shall provide for a system of recall of all regional and local elective officials: Provided, That no recall shall take place within one (1) year from the date of the official's assumption of office or one (1) year immediately preceding a regular election in the region.
Section 5. A public officer or employee shall, upon assumption to office and as often thereafter as may be required by national law, submit a declaration under oath of his assets, liabilities and net worth, to the chief of the office concerned.
In the case of the Cordillera Governor, the Cordillera Deputy Governor, the Members of the Cordillera Assembly and heads of offices, such declarations under oath shall be submitted to the Office of the Ombudsman and shall be published in two (2) newspapers of general circulation in the region.
Personal, Family, Tribal and Property Relations
Section 1. Customary laws affecting personal, family, tribal and property relations in the Cordilleras shall be recognized among members of the indigenous tribal group or cultural community.
Section 2. Marriages solemnized between or among members of the indigenous tribal group or cultural community in accordance with the indigenous customary laws of the place shall be valid, and the dissolution thereof in accordance with these laws shall be recognized.
Section 3. The Regional Government shall promote a program of responsible parenthood which shall be based on the parent's free and informed choice on the number of children they should have without prejudice to their religious and cultural values.
Section 4. Peaceful settlement of family disputes done in accordance with customary practices shall be recognized.
Section 5. Subject to the Constitution and national policies, acquisition, disposition and encumbrance of property in accordance with customary laws of the place shall be recognized and protected.
Section 6. Upon agreement of the parties, peaceful settlement of disputes involving property rights and ownership shall be governed by the customary laws of the place where the property is located.
Section 7. The Cordillera Assembly shall provide for a system of registration of births, marital status and deaths of members of the indigenous cultural communities, and the necessary documentation required therefor.
Ancestral Domain and Ancestral Lands
Section 1. The Regional Government shall undertake measures to protect the ancestral domain and the ancestral lands of indigenous cultural communities.
Subject to the Constitution and national policies, all lands and natural resources in the Autonomous Region that have been possessed or occupied by indigenous cultural communities since time immemorial, except when prevented by war, force majeure, or other forms of forcible usurpation, shall form part of the ancestral domain.
Section 2. Ancestral lands consist of lands under communal or tribal ownership.
Communal or tribal ownership is exercised by a group of people belonging to a definite indigenous cultural community, ili or village.
Lands in the actual, open, notorious, and uninterrupted possession and occupation by an indigenous cultural community for at least thirty (30) years are ancestral lands.
Section 3. The constructive or traditional possession of lands and resources by an indigenous cultural community may also be recognized subject to confirmation by a competent tribunal, the petition for which shall be instituted within a period of ten (10) years from the effectivity of this Act. The procedure for such confirmation of imperfect titles under existing laws shall, as far as practicable, apply to the confirmation of titles to ancestral lands.
The foregoing provisions notwithstanding, titles secured under the Torrens system, and rights already vested under the provisions of existing laws shall be respected.
Section 4. Upon the identification and demarcation of ancestral lands, including those within town site reservations in the area of autonomy, the appropriate land agency of the Regional government shall issue titles over ancestral lands to communities or tribes.
Section 5. Subject to the Constitution and national law, the Cordillera Assembly shall pass, within a period of ten (10) years from its organization, laws relating to customary tenure of land and communal property including the rights and usage's connected thereto. Such legislation on ancestral domain and the lands therein shall embody the customs of the indigenous community and prescribe the extent and the manner in which dispositions of lands may be made.
Section 6. The Regional Government shall require corporations, companies and other entities within the ancestral domain of the indigenous cultural communities whose operations adversely affect the ecological balance to take the necessary preventive measures and safeguards in order to maintain such a balance.
Section 7. Unless authorized by the Cordillera Assembly, lands of the ancestral domain titled to or owned by an indigenous cultural community shall not be disposed of to non-members.
Section 8. No portion of the ancestral domain shall be open to resettlement by non-members of the indigenous cultural communities.
Section 9. Nothing in this Act shall authorize any person to enter or occupy by force or other unlawful means, any portion of the Autonomous Region under the guise that the same forms part of the ancestral domain.
Section 10. The ancient rice terraces in the Cordilleras are hereby declared as national treasures and part of the national heritage of the cultural communities in the area as well as the Filipino people.
Patrimony, Economy and Development
Section 1. The Regional Government shall initiate, stimulate, facilitate, support and catalyze development in the region.
Section 2. Development in the Autonomous Region shall be people-oriented. Under the peculiar circumstances of their respective environments, the people of the Cordilleras shall be empowered through their government's programs to participate actively and substantially in their own development.
Section 3. The formulation and implementation of development programs in the Cordilleras shall, among other things, address the following concerns:
(a) Delineation, protection and development of watersheds, parks, and other reservations that are declared by competent authorities as critical to the survival of the Cordillera communities and declaration of such areas as inalienable;
(b) Respect for indigenous concepts, processes and institutions as bases of development;
(c) The need for development strategies to meet disparities in natural resource endowments among communities. These include the need for programs that enhance physical, economic, and social mobility of the people of the Cordilleras;
(d) The need for cooperative organizations and similar institutions as instruments for democratizing ownership and management of public utilities;
(e) Urban land reform to minimize the problem of inadequate housing and congestion with its attendant social problems;
(f) Development and use of appropriate technology based on indigenous conservation practices; and
(g) Diffusion of the ownership of enterprises and the benefits of development.
Section 4. Except for strategic minerals such as uranium and others as may be defined by national law, the control and supervision over the exploration, utilization and development of the natural resources of the Autonomous Region is hereby delegated to the Regional Government in accordance with the Constitution and national laws.
The Cordillera Assembly shall have the authority to grant franchises and concessions, however, the Cordillera Governor may, by regional law, be authorized to grant leases, permits and licenses: Provided, That any lease permit, franchise or concession shall cover an area not exceeding the limits allowed by the Constitution and shall subsist for a period not exceeding twenty-five (25) years: Provided, further, That existing leases, permits, licenses, franchises and concessions shall be respected until their expiration unless legally terminated as provided by law: and Provided, finally, That when the natural resources are located within the ancestral domain, the permit, license, franchise or concession, shall be approved by the Cordillera Assembly after consultation with the cultural community concerned.
Section 5. Consistent with the Constitution, national laws and national policies, the Autonomous Region may enact laws pertaining to the natural resources of the region. Such legislative authority may relate to mineral, energy and forestry resources management.
Nothing herein, however, shall be construed as authorizing the Regional Government to require lesser standards concerning the protection, conservation, enhancement, fiscal and regulatory licensing of the natural resources than those required by the National Government.
Section 6. Subject to Section 5 hereof, the Cordillera Assembly shall, as a matter of priority, regulate the extraction and processing of mineral and non-mineral resources in the region to protect the ecosystem, including setting limitations on open pit mining and similar methods.
Section 7. The exploration, development and utilization of natural resources, except those enumerated in the first paragraph of Section 4 hereof, shall be allowed to all Filipinos and to private enterprises, including corporations, associations, cooperatives and such other similar collective organizations with at least sixty percent (60%) of their capital investment or capital stocks directly controlled or owned by Filipinos who are preferably residents of the region.
Section 8. Small-scale mining shall receive support from and be regulated by the Autonomous Region, taking into consideration ecological balance and the interest of the communities where such operations are conducted.
Section 9. The Regional Government shall actively and immediately pursue reforestation measures to ensure that at least fifty percent (50%) of the land surface of the Autonomous Region shall be covered with trees, giving priority to land strips along the edges of rivers and streams and shorelines of lakes. The Regional Government shall adopt measures for the development of lands eighteen percent (18%) in slope or over by providing infrastructure, financial and technical support to upland communities especially the tribal peoples.
Section 10. There is hereby created a Regional Planning and Development Board which shall be composed of the Cordillera Governor as ex officio Chairman, all the provincial governors and city mayors or their representatives, two (2) Members of the Cordillera Assembly to be designated by the Speaker, and such other members to represent the private sector as may be prescribed by the Assembly.
The Board shall serve as the planning, monitoring and coordinating agency for the Autonomous Region. It shall identify, evaluate, recommend and submit the annual work programs and comprehensive development plans to the Cordillera Governor for proper implementation.
Section 11. The Regional Government shall establish and capitalize a Regional Development Bank which shall administer its own funds. The bank shall be under the supervision of the Central Bank.
Section 12. The Regional Government shall, in coordination with the National Government, plan, construct and maintain a system of roads interconnecting the various areas of the region to other regions adjacent to the Cordilleras and shall establish a region wide telecommunications system to enable all municipalities within the region to be equipped with telephone, telegraph or radio facilities.
Section 13. Subject to ecological considerations, the Regional Government shall adopt and implement a comprehensive urban land reform and land use program consistent with the Constitution and national and regional laws and policies to ensure the just utilization of land within their jurisdiction.
Section 1. The Regional Government shall have the power to create its own sources of revenues and to levy taxes, fees and charges, subject to such guidelines and limitations as the Constitution and this Act may provide, consistent with the basic policy of local autonomy. Such taxes, fees and charges shall accrue exclusively to the Autonomous Region.
Section 2. In enacting revenue-raising measures, the Cordillera Assembly shall observe the principle of uniformity and equity in taxation and shall not impose confiscatory taxes or fees of any kind. Income taxation, however, shall be solely the concern and prerogative of the National Government.
The Cordillera Assembly shall not revoke or amend, directly or indirectly, any city or municipal ordinance imposing any tax or fee on purely local business.
No tax, impost or assessment shall be imposed or charged upon goods or merchandise coming into, going out of, or passing through the Autonomous Region to other places of the Philippines, and vice versa.
Section 3. All corporations, partnerships, and other business entities directly engaged in business in the Autonomous Region shall pay through the Regional Government that portion of their annual income tax corresponding to the net income generated from business done in the area of autonomy.
All corporations, partnerships or business entities directly engaged in business in the Autonomous Region shall pay their corresponding taxes, fees and charges in the province, city, or municipality where the establishment is doing business regardless of the location of their principal or main offices.
Section 4. The sources of revenues of the Autonomous Region shall include, but are not limited to, the following:
(a) Taxes, except income taxes, imposed by the Regional Government;
(b) Fees and charges imposed by the Regional Government;
(c) Appropriations, internal revenue allotment and other budgetary aids from the National Government;
(d) Shares in revenues generated from the operations of public utilities within the Autonomous Region; and
(e) Block grants derived from economic agreements or conventions authorized by the Autonomous Region, donations, endowments, foreign assistance, and other forms of aid, subject to the Constitution and national policies.
Section 5. The total collections of a province or city from national internal revenue taxes, fees and charges as well as taxes, fees and charges imposed on natural resources accruing as income to the National Government, shall be distributed as follows:
(a) Thirty percent (30%) to the province or city;
(b) Thirty percent (30%) share to the Regional Government; and
(c) Forty percent (40%) to the National Government.
The thirty percent (30%) share of the province shall be distributed equally as follows: ten percent (10%) to the province, ten percent (10%) to the municipality and ten percent (10%) to the barangay.
The thirty percent (30%) share of the city shall be distributed as follows: twenty percent (20%) to the city and ten percent (10%) to the barangay.
The province or city concerned shall automatically retain its share and remit the seventy percent (70%) to the Regional Government, which shall, after deducting its share, remit the balance to the National Government on a monthly basis.
The remittance procedure within the Autonomous Region shall be in accordance with the rules and regulations promulgated by the Regional Government, and remittances to the National Government, by the rules and regulations promulgated by the Department of Finance.
Section 6. Subject to the Constitution and national policies, the Regional Government shall evolve a system of economic agreements or trade compacts to generate block grants for regional investments and improvements of regional economic structures. These economic agreements shall be authorized by regional legislation or by executive agreement. Pursuant to specific recommendations from the Regional Planning and Development Board, the Regional Government shall assist local government units in their requirements for counterpart funds for foreign-assisted projects.
Section 7. Subject to existing national laws, donations or grants to the Autonomous Region exclusively to finance, to provide for, or to be used in undertaking projects in education, health, youth and sports development, human settlement, science and culture, and in economic development shall be deductible in full in determining the taxable income of the donor or grantor.
Section 8. The Cordillera Assembly shall have the power to grant tax incentives or exemption on taxes which the Autonomous Region is empowered under this Act to impose. A law granting tax exemption shall only be passed with the concurrence of a majority of all the Members of the Cordillera Assembly.
Section 9. Foreign loans may be contracted only in accordance with the provisions of the Constitution and national laws: Provided, That the Cordillera Governor may contract domestic loans subject to the approval of the Cordillera Assembly.
Agriculture, Trade and Industry, Tourism, and Cooperatives
Section 1. The Regional Government shall, as a basic policy, promote agricultural production for domestic or commercial needs.
Section 2. The conservation, protection and utilization of water resources for agricultural purposes shall be given priority.
Section 3. The Regional Government shall promote and develop inland fishery production in areas where the industry is viable.
Section 4. The Regional Government shall undertake research and pass legislation to enforce floor prices on agricultural and industrial products and ceiling prices on agricultural inputs, and provide and strengthen extension services to farmers free of charge.
Section 5. The Regional Government shall encourage the establishment of small and medium-scale cottage industries using efficient and productive methods. It shall undertake measures to provide for their protection and financing requirements.
Section 6. The Regional Government shall provide for the proper utilization and disposal of industrial waste.
Section 7. The Regional Government shall adopt measures to prevent flight of capital from the region.
Section 8. The Regional Government shall adopt measures against monopolies in public utilities, development, trading and similar concerns. It may, in the interest of regional welfare and security, establish and operate pioneering public utilities. Upon payment of just compensation, it may transfer the ownership of such utilities to cooperatives or other collective organizations.
Section 9. The Regional Government shall adopt measures to prevent the manufacture, importation, distribution or sale of agricultural and industrial inputs found to be biologically or environmentally harmful.
Section 10. The Regional Government shall adopt measures to initiate, encourage and develop industrialization in the region, taking into account the culture and capabilities of the people of the area to control or manage their resources, the ecological needs of the area and the conservation of resources.
Section 11. Consistent with the preservation of cultural heritage and the protection of ecology, the Regional Government shall promote tourism within the region. The Cordillera Assembly shall establish offices and facilities that shall implement tourism concerns.
Section 12. The Regional Government shall encourage, promote and support the establishment of economic zones, industrial centers, and development ports in strategic areas and growth centers in the Autonomous Region, including the necessary infrastructures therefor.
Section 13. The Regional Government shall, subject to national policies and in coordination with the National Government, encourage and regulate foreign investments and the exportation of indigenous products, in accordance with its goals and priorities.
Section 14. The Regional Government shall recognize cooperatives as tools for economic development, social justice and people empowerment. Accordingly, it shall provide regional tax exemption and shall extend the necessary support services to cooperatives: Provided, however, That the said cooperatives shall allocate at least ten percent (10%) of their net income for community development projects.
Section 15. Within one (1) year from its organization, the Cordillera Assembly shall establish a Cooperative Development Commission and define its powers, functions and mechanism for implementation.
Education, Science and Technology, Language, Arts and Culture, and Sports
Section 1. The Regional Government shall, consistent with the Constitution and national laws, exercise legislative powers over regional educational policies and cultural matters which shall, among other things, include:
(a) The authority to establish educational institutions, colleges and universities: Provided, That regional colleges and universities created by the Autonomous Region shall enjoy fiscal and administrative autonomy subject to regional laws;
(b) The development of curricula relevant to the cultural heritage, and to the economic, social, political, and moral needs of the people in the Autonomous Region, consistent with the national goals of education.
Section 2. Private educational institutions shall enjoy the protection and support of the Regional Government.
Section 3. The Regional Government shall establish a scholarship program for gifted or deserving youths.
Section 4. The right of teachers, employees, students and parents to organize themselves and to participate in school policy-making shall be guaranteed.
Section 5. The level of compensation and other benefits for teachers, non-teaching and other personnel of the educational system in the region shall at least be equal to the national standard.
Section 6. The advancement of scientific research and appropriate technology shall be given priority in the allocation of funds.
Section 7. Incentives and safeguards, including free patenting, shall be accorded Cordillera scientists and inventors.
Section 8. Educational system in the Autonomous Region shall develop consciousness and appreciation of the ethnic identity of the people of the region and shall provide a better understanding of their cultural heritage for the attainment of national unity and harmony.
Section 9. The Regional Government shall take steps toward the development of a common regional language based upon the various languages and dialects in the region to enrich the national language.
Section 10. The Regional Government shall design and implement sports and physical education development programs as a cooperative responsibility of the school, community and government.
Section 11. State colleges and universities within the Autonomous Region shall continue to enjoy fiscal and institutional autonomy and continue to be governed by their respective charters. However, the regional official in charge of education shall be a member of the governing boards of state colleges and universities in the Autonomous Region.
Section 12. The University of the Philippines-Baguio shall continue to remain with the University of the Philippines System.
Social Justice and Welfare
Section 1. The Regional Government commits itself to social justice and shall, among other things, adopt measures to:
(a) Create economic opportunities for the less fortunate for them to become self-reliant;
(b) Ensure equal access to opportunity for elective public service, through mechanisms that make elections inexpensive;
(c) Uplift marginalized communities; and
(d) Democratize the ownership of the means of production and the benefits of development.
Section 2. The Regional Government shall promote shared responsibilities between workers and employers in the private and government sectors.
Section 3. The Regional Government shall give full protection to labor and promote equality of employment opportunities for all. Towards this end, it shall, among other things, provide for:
(a) Periodic adjustments and rational standardization of compensation rates to ensure a living wage for all workers;
(b) Adoption of profit sharing schemes that recognize the right of workers to a just share in the profits of business and the right of enterprise to reasonable returns on investment;
(c) Protection of workers against unhealthy and dangerous working conditions; and
(d) Legislations for the benefit and welfare of domestic workers.
Section 4. The Regional Government recognizes health as a basic human right and the attainment, maintenance and protection thereof shall be its responsibility and of the people. The Regional Government affirms that health is an instrument for and a product of socioeconomic development. For this purpose, it shall, among other things:
(a) Establish, maintain, and support an effective health care delivery system utilizing primary health care as a comprehensive and integrated approach;
(b) Ensure that the health care system is governed by the principles of service, social justice, and equity;
(c) Popularize health knowledge and skills to enable the people to take responsibility for their health;
(d) Give relevant training and appropriate standards to health workers and professionals;
(e) Establish and maintain an effective food and drug regulatory system which shall provide for the adoption of an essential drug list, encourage the use of generic medicines or drugs, and promote the use of herbal medicines and indigenous health resources;
(f) Conduct research and compile traditional healing methods and cultural health practices; and
(g) Evolve financing schemes to effectively lessen the costs of health care.
Section 5. The Regional Government shall promote the well-being of the physically disabled and mentally handicapped, the elderly, the homeless, widows and orphans, retirees and veterans, and assist victims of calamities.
Section 6. The Cordillera Assembly shall, within one (1) year from its organization, enact measures embodying reintegration programs responsive to the needs of rebel returnees and rejoinees.
Section 7. The Regional Government shall adopt insurance and social security measures responsive to the needs of the people to supplement existing privileges.
Section 8. The Regional Government, in cooperation with the private sector, shall promote housing programs where needed, which shall be financed under liberal credit terms and utilizing indigenous materials, architecture and technology. Housing cooperatives to administer the projects shall be encouraged.
Section 9. The Regional Government shall promote a harmonious balance between women's personal, family and work obligations and their participation in public life. Shared parenting and homemaking responsibilities between spouses shall be encouraged.
Section 10. The Regional Government shall establish and strengthen support systems and services for working women, which include maternal and child care services, day care centers, longer maternity leaves, paternity leaves for their spouses, and early retirement age.
Section 11. The Regional Government shall undertake education and information programs to increase women's awareness of their rights and responsibilities and to correct customs, practices and mental attitudes that stereotype and regard them as commodities.
Section 12. The Cordillera Assembly may create a Youth Commission, provide for its composition and organization, and define its powers and functions.
Section 13. For purposes of this Organic Act, the youths are those who have not reached their twenty-first (21st) birthday.
Section 14. The Regional Government shall promote and support duly established people's organizations and encourage the formation of organizations, especially those of the underprivileged.
Guidelines and accreditation standards to define the conditions required of peoples' organizations shall be set with out abridging their right to effective participation and representation.
Section 1. The Cordillera Assembly may create the Cordillera Commission on Human Rights and define its powers and functions, subject to the Constitution and national laws, and to the supervision of the National Commission on Human Rights.
PEACE AND ORDER
Section 1. The Regional Government shall give priority to the maintenance and preservation of peace and order and the protection of life, liberty and property in the Autonomous Region, in consonance with the provisions of the Constitution.
Section 2. The Cordillera Assembly shall, by law, create a Regional Police Force as an integral part of the Philippine National Police under the administration and control of the National Police Commission. It shall be headed by a police commissioner with two (2) deputies, who shall all be inhabitants of the Autonomous Region, to be appointed by the President of the Philippines upon recommendation of the Cordillera Governor.
Section 3. The regional police shall be under the supervision of the Cordillera Governor: Provided, That city or municipal mayors, who are hereby constituted as ex officio representatives of the National Police Commission, shall have operational control and supervision of the police force within their constituent units in accordance with law and appropriate rules and regulations.
Section 4. The defense and security of the Autonomous Region shall be the responsibility of the National Government. Towards this end, there is hereby created a regional command of the Armed Forces of the Philippines for the Autonomous Region, which shall be organized, maintained and utilized in accordance with national laws. The National Government shall have the authority to station and deploy in the Autonomous Region sufficient elements of the Armed Forces of the Philippines: Provided, That inhabitants of the Autonomous Region shall be given preference in assignments therein.
Section 5. The provisions of the preceding sections notwithstanding, the Cordillera Governor may request the President of the Philippines to call upon the Armed Forces of the Philippines:
(a) To prevent or suppress lawless violence, invasion or rebellion, when the public safety so requires, in accordance with the provisions of the Constitution;
(b) To suppress the danger to or breach of peace in the area of autonomy, when the police forces of the Autonomous Region are not able to do so; and
(c) To avert any imminent danger to public order and security in the area of autonomy.
Section 6. The Regional Government shall recognize indigenous structures or systems found to be acceptable and effective in the promotion of peace and order in the region.
Section 1. This Organic Act shall be officially promulgated in Filipino and English and translated into the languages or dialects widely spoken in the Autonomous Region. In case of conflict, the English text shall prevail.
Section 2. For purposes of qualification for any elective or appointive public office in the Cordillera Autonomous Region, the person to be elected or appointed must have resided in the region for at least five (5) years immediately preceding the election or appointment.
Section 3. The Congress, may, upon recommendation of the Cordillera Assembly, adopt a new name for the Cordillera Autonomous Region.
Section 4. The Cordillera Assembly may provide for just compensation for barangay or ili officials.
Section 5. The Cordillera Assembly shall devise a system providing that salary rates of employees shall not be lower than the poverty line as determined by competent authority.
Section 6. The Regional Government shall have a regional emblem and hymn.
Section 7. The Cordillera Assembly may establish a Veterans, Retirees and Senior Citizens Affairs Office, and provide for the composition, compensation, qualifications, term of office, functions, and manner of appointment of the members.
Amendments or Revisions
Section 1. Consistent with the provisions of the Constitution, this Organic Act may be amended or revised by the Congress of the Philippines, upon a majority vote of the House of Representatives and of the Senate voting separately.
Section 2. The Cordillera Assembly shall have the power to initiate proposals for amendment to or revision of this Organic Act by a vote of three-fourths (3/4) of all its Members or it may call for a Regional Consultative Commission to propose the amendment or revision. In any case, the amendment or revision shall require the approval of the Congress of the Philippines.
Section 3. Amendments to or revisions of this Organic Act may, likewise, be directly proposed by the people to the Congress of the Philippines upon petition of at least twelve percent (12%) of the total number of the registered voters of the Autonomous Region, of which every province or city must be represented by at least three percent (3%) of the registered voters therein. No amendment or revision under this section shall be authorized within three (3) years following the ratification of this Organic Act or oftener than once every five (5) years thereafter.
Section 4. Any amendment to or revision of this Organic Act shall become effective when ratified by a majority of the votes cast in a plebiscite called for the purpose which shall be held not earlier than sixty (60) days or later than ninety (90) days after the approval of such amendments or revisions.
Section 1. The first regular election for the Cordillera Governor, the Cordillera Deputy Governor and the Members of the Cordillera Assembly shall be held on the second Monday of February, 1990. Their terms of office shall begin at noon on the thirty-first day of March next following their election and shall end at noon of the same date three (3) years thereafter. The expenses for the conduct of the election shall be charged against the Contingent Fund; any deficiency shall be taken from the savings of the National Government.
Section 2. (A) For purposes of the first election of representatives to the Cordillera Assembly under this Organic Act, each province and city shall be divided into four (4) regional assembly districts as follows:
(a) PROVINCE OF BENGUET — First District: La Trinidad, Tublay and Sablan; Second District: Itogon, Bokod and Tuba; Third District: Kapangan, Atok, Kibungan and Bakun; Fourth District: Mankayan, Buguias and Kabayan
(b) PROVINCE OF IFUGAO — First District: Mayoyao, Aguinaldo and Alfonso Lista; Second District: Hungduan and Tinoc; Third District: Banaue, Hingyon and Lagawe; Fourth District: Kiangan and Lamut
(c) PROVINCE OF ABRA — First District: Bangued, Tayum, La Paz, Danglas and Lagayan; Second District: Bucay, Peñarrubia, Manabo, Sallapadan, Bucloc, Daguioman and Boliney; Third District: Pidigan, San Quintin, Langiden, San Isidro, Villaviciosa, Pilar, Luba and Tubo; Fourth District: Tineg, Malibcong, Lacub, Licuan-Baay, Lagangilang, Dolores and San Juan
(d) MOUNTAIN PROVINCE — First District: Barlig, Natonin and Paracelis; Second District: Bontoc, Sadanga and Sagada; Third District: Bauko and Sabangan; Fourth District: Besao and Tadian
(e) PROVINCE OF KALINGA-APAYAO — First District: Balbalan, Lubuagan, Pasil, Pinukpuk and Tinglayan; Second District: Tabuk, Tanudan and Rizal; Third District: Kabugao, Conner and Kalanasan; Fourth District: Flora, Luna, Pudlot and Santa Marcela
(f) CITY OF BAGUIO — First District: Pucsusan, Mines View, Gibraltar, St. Joseph, Pacdal, Cabinet Hill-Teachers Camp, Marcoville, Engineer's Hill, DPS Compound, Greenwater Village, Sta. Scholastica, Hillside, Upper Dagsian, Lower Dagsian, Gabriela Silang, Country Club, Outlook Drive, Lucnab, Lualhati, South Drive, Happy Hallow, Atok Trail, Kias, PMA-Fort Del Pilar, Loakan-Liwanag, Loakan Apugan, Loakan Proper, Scout Barrio, Camp 7, Camp 8, Poliwes and Military Cut-off; Second District: Burnham- Legarda, BGH Compound, Phil-Am, Imelda, Balsigan, Sto. Rosario, Ferdinand (Campo Sioco), City Camp Proper, City Camp Central, Upper Q.M., Upper Rock Quarry, Emilio F. Aguinaldo, Lower Rock Quarry, Middle Rock Quarry, Palma-Urbano, MRR-Queen of Peace, Kayang Extension, Harrison-Claudio, San Vicente, Bakakeng Norte, Bakakeng Central, Sto. Tomas Proper, Dontogan, Sto. Tomas School Area, SLU-SVP, Lourdes Subdivision, Lower Lourdes, Lourdes Subdivision Extension, Dominican-Mirador, San Roque, San Luis Village, Asin Road, Rizal Monument and AZCKO; Third District: Fairview, Campo Filipino, Camp Allen, Upper City Market, Andres Bonifacio, P. Burgos, Cresencia Village, Central Guisad, Guisad Surong, Pinsao Pilot Project, Lower Magsaysay, Padre Zamora, Dizon Subdivision, Camdas, Lower Quirino Hill, Middle Quirino Hill, East Quirino Hill, West Quirino Hill, Pinget, Middle Quezon Hill, Quezon Hill Proper, Upper Quezon Hill, Victoria Village, Irisan, Pinsao Proper, Kayang-Hilltop and Upper Magsaysay; Fourth District: Slaughter Compound, Happy-Homes Lucban, South Central Aurora Hill, North Central Aurora Hill, East Bayan Park, Bayan Park Village, West Bayan Park, San Antonio Village, Ambiong, Kabayanihan, Session Road, Malcolm Square, Lower General Luna, Salud Mitra, Upper General Luna, North Sanitary Camp, South Sanitary Camp, A. Tabora, Trancoville, New Lucban, Magsaysay Private Road, ABCR Barangay, T. Alonso, Kagitingan, Bagong Lipunan, Brookspoint, West Modern Site, East Modern Site, Aurora Hill Proper, Holy Ghost Extension, Brookside, Imelda Village, Holy Ghost-Honeymoon, Holy Ghost Proper, M. Roxas and Lopez Jaena.
(B) Each regional assembly district shall elect one (1) representative to the Cordillera Assembly. Thereafter, the Cordillera Assembly shall reapportion the regional assembly districts in each province or city, taking into account population, geography and ethnolinguistic characteristics, subject to the maximum number of Assemblymen provided for in Section 4, Article V of this Act.
Section 3. The Cordillera Executive Board, the Cordillera Regional Assembly, as well as all offices and agencies created under Executive Order No. 220 shall cease to exist immediately upon the ratification of this Organic Act.
All funds, properties and assets of the Cordillera Executive Board and the Cordillera Regional Assembly shall automatically be transferred to the Cordillera Autonomous Government.
Section 4. Until otherwise decided by regional law, the provisional seat of the Cordillera Autonomous Government shall be at the City of Baguio: Provided, That the Cordillera Assembly shall hold its sessions at the Baguio Convention Center: Provided, further, That the Cordillera Governor and other executive officials shall, in coordination with the National Government hold office in any available national executive buildings within the City of Baguio.
Section 5. Civil service employees shall not be laid off, dismissed or removed as a result of any reorganization attendant to the establishment of the Cordillera Autonomous Region, except for cause. Their current salaries and benefits shall not be diminished nor be lower than that of their counterparts in the National Government.
Section 6. Within one (1) month from the organization of the Regional Government, an Oversight Committee composed of the Executive Secretary as chairman, the Secretary of Budget and Management, the Cordillera Governor, the Speaker of the Cordillera Assembly, two (2) Senators to be designated by the Senate President and two (2) Representatives to be designated by the Speaker of the House of Representatives, as members, shall be organized for the purpose of supervising the transfer to the Autonomous Region of such powers and functions vested in it by this Organic Act and the appropriations of the offices or agencies including the transfer of properties, assets and liabilities, and such personnel as may be necessary; and of identifying the other line agencies and government-owned or controlled corporations that may be absorbed by the Regional Government and, with respect to the latter, also the terms and conditions of their turnover.
Within six (6) months after its organization, the Oversight Committee shall submit its report and recommendations to the President of the Philippines who shall act on the report and recommendations within ninety (90) days after receipt thereof: Provided, however, That if the President fails to act within said period, the recommendations of the Oversight Committee shall be deemed approved.
Section 7. Upon the organization of the Autonomous Region, the line agencies and offices of the National Government dealing with local government, social welfare, science and technology, labor, natural resources and tourism, including their personnel, equipment, properties and budgets, shall be immediately placed under the control and supervision of the Regional Government.
Other National Government offices and agencies in the Autonomous Region which are not excluded under item (i), Section 3(B), Article III, of this Organic Act, together with their personnel, equipment, properties and budgets, shall be placed under the control and supervision of the Regional Government pursuant to a schedule prescribed by the Oversight Committee mentioned in Section 6 of this Article: Provided, That the transfer of these offices and agencies and their personnel, equipment, properties and budgets shall be accomplished within six (6) years from the organization of the Regional Government.
The National Government shall continue such levels of expenditures as may be necessary to carry out the functions devolved under this Act: Provided, however, That the annual budgetary support shall, as soon as practicable, terminate as to the line agencies or offices devolved to the Regional Government.
Section 8. Notwithstanding the provisions of the preceding sections, the Government Service Insurance System, the Social Security System, the Pagtutulungan-Ikaw, Bangko, Industriya't Gobyerno (PAG-IBIG) and other funds of similar trust or fiduciary nature shall be exempt from the coverage of this Organic Act.
Section 9. The National Government shall, in addition to its annual allotments to the Autonomous Region, provide the Regional Government One billion five hundred million pesos (P1,500,000,000.00) as annual assistance for five (5) years, to fund infrastructure projects duly identified, endorsed and approved by the Regional Planning and Development Board herein created: Provided, however, That the annual assistance herein mentioned shall be appropriated and disbursed through a Public Works Act duly enacted by the Cordillera Assembly: Provided, further, That this annual assistance may be adjusted proportionately in accordance with the number of provinces and cities joining the Autonomous Region: and Provided, finally, That the national programs and projects in the Autonomous Region shall continue to be financed out of national funds.
Section 10. All commercial logging operations in the region are hereby suspended for twenty-five (25) years after the effectivity of this Organic Act: Provided, however, That no new permits, licenses or concessions of whatever kind for whatever purpose, whether regular or special, temporary or permanent, shall be issued within such period.
Section 11. The Presidential Agrarian Reform Council (PARC) may suspend the implementation of the Comprehensive Agrarian Reform Law (CARL) with respect to ancestral lands in the Cordilleras for the purpose of identifying and delineating such lands: Provided, That in the Cordillera Autonomous Region, the Cordillera Assembly may enact its own law on ancestral domain subject to the provisions of the Constitution and the principles enunciated in this Act and other national laws.
Section 12. (A) Within one (1) year from its organization, the Cordillera Assembly shall create a Cordillera Commission on Customary Laws which shall have the following functions:
(a) Assist the Cordillera Assembly in the codification of indigenous laws on personal, family, tribal and property relations, ancestral lands, land use and land tenure;
(b) Identify, classify, and demarcate ancestral lands owned by specific indigenous communities, families or clans; and
(c) Perform such other functions as may be provided by regional law.
(B) The Cordillera Commission on Customary Laws shall, within five (5) years from its establishment, submit its final report to the Cordillera Assembly which shall enact a law to be known as the Cordillera Code of Customary Laws.
(C) The composition, qualifications, manner of appointment, compensation and term of office of the members of the Commission shall be determined by regional law.
Section 13. (A) The creation of the Cordillera Autonomous Region shall take effect when approved by a majority of the votes cast by the constituent units provided in Section 2(B), Article I of this Act in a plebiscite which shall be held not earlier than sixty (60) days or later than one hundred twenty (120) days after the approval of this Act: Provided, That only the provinces and city voting favorably in such plebiscite shall be included in the Cordillera Autonomous Region. The provinces and city which do not vote for inclusion in the Autonomous Region shall remain in the existing administrative regions: Provided, however, That the President may, by administrative determination, merge existing regions.
(B) The sum of Twenty-five million pesos (P25,000,000.00) is hereby appropriated as follows:
(a) Five million pesos (P5,000,000.00) to be allotted to the Commission on Elections (COMELEC) for the conduct of an information campaign on this Organic Act;
(b) Ten million pesos (P10,000,000.00) to be allotted to the COMELEC for the holding of the plebiscite as provided herein; and
(c) Ten million pesos (P10,000,000.00) to be allotted to the Regional Government for its initial organizational requirements.
The amount of Twenty-five million pesos (P25,000,000.00) as herein appropriated shall be charged against the Contingent Fund; any deficiency thereof shall be taken from the savings of the National Government.
(C) The COMELEC shall determine the manner of campaigning and the deputization of government agencies and non-government organizations for purposes of conducting an impartial information campaign and the requisite plebiscite.
Section 14. Any provision or part of this Organic Act found to be invalid or unconstitutional shall not invalidate the provisions or parts thereof not affected thereby.
Section 15. All laws inconsistent with this Organic Act are hereby repealed or modified accordingly.
Section 1. This Act shall take effect after fifteen (15) days following its complete publication in at least two (2) national newspapers and one (1) local newspaper of general circulation in the Autonomous Region.
Approved: October 23, 1989
The Lawphil Project - Arellano Law Foundation