Professional Documents
Culture Documents
1 Contents
2 AN ACT ESTABLISHING THE AUTONOMOUS REGION OF THE CORDILLERA (ARC) .................. 2
3 PREAMBLE ......................................................................................................................................... 2
4 ARTICLE I: NAME AND PURPOSE ................................................................................................... 2
5 ARTICLE II: CORDILLERAN IDENTITY AND TERRITORY ................................................................. 2
6 ARTICLE III: DECLARATION OF POLICIES AND PRINCIPLES ..................................................... 23
7 ARTICLE IV: THE AUTONOMOUS REGION OF THE CORDILLERA ............................................ 56
8 A. Powers of the Autonomous Region of the Cordillera .................................................................. 56
9 B. Intergovernmental Relations...................................................................................................... 67
10 ARTICLE V: ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION OF THE CORDILLERA –
11 THEIR QUALIFICATIONS, TERMS OF OFFICE, VACANCIES AND SUCCESSION AND
12 ACCOUNTABILITY ........................................................................................................................ 911
13 ARTICLE VI: THE REGIONAL EXECUTIVE DEPARTMENT ........................................................ 1418
14 ARTICLE VII: THE REGIONAL VICE-GOVERNOR .................................................................... 2532
15 ARTICLE VIII: THE REGIONAL LEGISLATIVE ASSEMBLY .......................................................... 2633
16 ARTICLE IX: PATRIMONY, ECONOMY AND DEVELOPMENT ............................................... 3139
17 ARTICLE X: ENVIRONMENT AND NATURAL RESOURCES ..................................................... 3340
18 ARTICLE XI: SOURCES OF REVENUES AND OTHER FISCAL MATTERS ................................. 3745
19 ARTICLE XII: AGRICULTURE, AGRARIAN REFORM, TRADE AND INDUSTRY, TOURISM AND
20 COOPERATIVE ........................................................................................................................... 4150
21 ARTICLE XIII: EDUCATION, SCIENCE AND TECHNOLOGY, LANGUAGE, ARTS AND CULTURE
22 AND SPORT ................................................................................................................................. 4453
23 ARTICLE XIV: SOCIAL JUSTICE, HEALTH AND WELFARE ....................................................... 4756
24 ARTICLE XV: PEACE AND ORDER ........................................................................................... 5059
25 ARTICLE XVI: GENERAL PROVISIONS...................................................................................... 5160
26 ARTICLE XVII: PERSONAL, FAMILY, INDIGENOUS AND PROPERTY RELATIONS ................ 5161
27 ARTICLE XVIII: AMENDMENTS OR REVISIONS ........................................................................ 5261
28 ARTICLE XIX: TRANSITORY PROVISIONS ................................................................................. 5262
29 ARTICLE XX: EFFECTIVITY .......................................................................................................... 5565
30
31
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1
2 Section 13. Upholding Human Rights. The Autonomous Region of the
3 Cordillera shall take measures to prevent torture, cruel, inhuman and
4 degrading punishment, illegal detention and extra-judicial killings.
5
6 Section 14. Establishment of Peace Zones. The Autonomous Region of the
7 Cordillera adheres to the policy of peace and shall establish peace zones
8 within the region.
9
10 Section 15. Civilian Government. Governance in the Autonomous Region is
11 the responsibility of the duly constituted civilian government.
12
13 Section 16. Devolution of Powers. The Autonomous Region of the Cordillera
14 shall adopt a policy on local autonomy whereby regional powers shall be
15 devolved to LGUs particularly in areas but not limited to education, health,
16 human resources, science and technology, and people empowerment.
17 Until a law implementing this provision is enacted by the Regional
18 Legislative Assembly, RA 7160, the Local Government Code of 1991, shall
19 continue to apply to all provinces, cities, municipalities, and barangays
20 within the autonomous region.
21
22 The Regional Legislative Assembly may not pass any law to diminish, lessen
23 or reduce the powers, functions, and shares in the internal revenue taxes of
24 the said local government units as provided by RA 7160.
25
26 Section 17. Sustainable Use and Management of Resources. The Autonomous
27 Region of the Cordillera shall share with the national government in the
28 dynamic conservation and protection of natural resources by promoting
29 the sustainable use and management thereof, by adopting the use of
30 environmentally sound and appropriate technology and indigenous
31 knowledge systems in the management of natural resources.
32
33 Section 18. Community Responsive Education. The Autonomous Region of
34 the Cordillera with the active involvement of all educational institutions shall
35 establish a system of education that responds to the needs of the Cordillera
36 communities which respects and promotes indigenous knowledge, core
37 values, systems, institutions, culture and practice; encourages the use of
38 indigenous languages and methods of education; promotes science,
39 innovation and appropriate technology and methodologies that
40 encourage creative and critical thinking of the Cordillerans.
41
42 Section 19. Protection and empowerment of the Cordilleran youth, children
43 and women. The Autonomous Region of the Cordillera shall formulate plans
44 and programs for the youth, children and women that empowers them by
45 guaranteeing their effective participation and representation in all aspects
46 of public affairs. Further, laws shall be enacted and measures adopted to
47 protect the youth, children and women against all forms of neglect, cruelty,
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31 B. Intergovernmental Relations
1
Deleted contents
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2
GOCC’s deleted
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1
2 Section 36. Autonomy of Local Government Units. The local government units
3 shall continue to be independent from each other and shall have the same
4 set of local officials and employees and shall enjoy autonomy and continue
5 to exercise the powers granted them under the Local Government Code
6 and other existing laws. The Local Government Code shall apply to all
7 provinces, cities, municipalities and barangays in the autonomous region
8 until the Regional Legislative Assembly shall enact a regional Local
9 Government Code. Nothing herein provided shall be construed in any
10 manner as to diminish the powers and functions as well as benefits and
11 privileges already being enjoyed by the local government units.
12
13 Section 37. Revenues and Taxes accruing to LGUs. Revenues, taxes, fees and
14 charges generated by the local government units and the Autonomous
15 Region of the Cordillera from their respective local tax ordinances shall
16 exclusively accrue to them.
17
18 Section 38. Just share in National Taxes. The local government units in the
19 autonomous region, including the Autonomous Region of the Cordillera,
20 shall have a just share in the national taxes and applicable revenues which
21 shall be automatically released to them.
22
23 Section 39. Equitable Share in Utilization of Resources. The local
24 government units in the autonomous region including the Autonomous
25 Region of the Cordillera shall be entitled to an equitable share in the
26 proceeds of the utilization and development of the national wealth within
27 their respective areas, in the manner provided by law and this Organic Act.
28
29 Section 40. City Charters. Any chartered city within the autonomous region
30 shall be governed primarily by its Charter.
31
32 Section 41. Creation of special political subdivisions. Special metropolitan
33 political subdivisions may, by law, be created by the Regional Legislative
34 Assembly, subject to a plebiscite. The component cities and municipalities
35 shall retain their basic autonomy and shall be entitled to their own local
36 executive and legislative bodies. The jurisdiction of the metropolitan
37 authority that will thereby be created shall be limited to basic services
38 requiring coordination.
39
40 Section 42. Right of LGU’s to aggregate. The local government units in the
41 autonomous region may group themselves, consolidate or coordinate their
42 efforts, services, and resources for purposes commonly beneficial to them
43 in accordance with law.
44
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1
2
3 Section 46. Manner of Election
26 a. The term of office of all elective regional officials elected after the
27 effectivity of this Organic Act shall be three (3) years which shall begin
28 at noon on the 30thday of June next following the day of election and
29 shall end at noon of the same date three (3) years thereafter. No
30 Regional Governor, Vice-Governor, or Member of the Regional
31 Legislative Assembly shall serve for more than three (3) consecutive
32 terms.
33
34 b. Voluntary renunciation of, or removal from, office for any length of time
35 shall not be considered as an interruption in the continuity of the service
36 for the full term for which officials were elected.
5 a. The Regional Governor and Vice-Governor shall not, during their tenure,
6 engage in the practice of any profession or hold any other office or
7 employment, except as otherwise provided in this Act.
8
9 b. The spouse and other relatives by consanguinity or affinity within the
10 fourth civil degree of the Regional Governor and the Regional Vice-
11 Governor shall not, during their tenure, be appointed officers or
12 employees of the Autonomous Region of the Cordillera, except as
13 members of their confidential staff.
14
15 c. No members of the Regional Legislative Assembly may hold any other
16 office or employment in the government or any subdivision, agency or
17 instrumentality thereof, including government-owned or controlled
18 corporations, or their subsidiaries, during their term without forfeiting their
19 seat. Neither shall he/she be appointed to any office which has been
20 created or the emoluments whereof increased by the Regional
21 Legislative Assembly during the term for which he/she was elected.
22
23 d. The Regional Governor, and Regional Vice-Governor, and members of
24 the Regional Legislative Assembly shall not personally appear as counsel
25 before any court of justice or before the Electoral Commission or quasi-
26 judicial and other administrative bodies.
27
28 e. The Regional Governor, Regional Vice-Governor, and members of the
29 Regional Legislative Assembly shall not participate directly or indirectly
30 in any contract with or in any franchise or special privilege granted by
31 the Autonomous Region of the Cordillera or any subdivision, agency or
32 instrumentality thereof, including any government-owned or–controlled
33 corporations or in any of their subsidiaries. They shall not intervene in any
34 matter before any office of the Autonomous Region of the Cordillera for
35 their pecuniary benefit or where they may be called upon to act on
36 account of their office.3
37
3
Deleted letter f.
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1 control and supervision over all programs, projects, services and activities of
2 the Autonomous Region of the Cordillera and regional line agencies and
3 offices absorbed by the Autonomous Region of the Cordillera; and supervision
4 over local government units within the autonomous region.
5
6 Section 60.Section 59. Extent of Representation by Regional Governor. The
7 Regional Governor shall represent the Autonomous Region of the Cordillera,
8 including the absorbed regional line agencies and offices and the local
9 government units within the autonomous region in Cabinet meetings called by
10 the President and other affairs involving the region.
11
12 Section 61.Section 60. Regional Governor and Regional Legislative Assembly.
13 The Regional Governor shall deliver the State of the Region Address to the
14 Regional Legislative Assembly at the opening of its regular sessions. He/she
15 may also appear before it at any time.
16
17 Section 62.Section 61. Regional Governor to submit Budget. The Regional
18 Governor shall submit to the Regional Legislative Assembly within thirty (30)
19 days from the opening of every regular session, as the basis of the regional
20 appropriations bill, budget of expenditures and sources of financing, including
21 receipts from existing and proposed revenue measures.
22
23 Section 63.Section 62. Administrative Support. The Regional Governor and the
24 different regional departments shall have sufficient administrative and support
25 staff to efficiently and effectively carry out their mandates and the purposes
26 of the Autonomous Region of the Cordillera.
27
28 Section 64.Section 63. Mandatory Staff. The regional autonomous government
29 shall have the following mandatory staff: (1) Regional Executive Secretary, (2)
30 Regional Accountant, (3) Regional Budget Officer, (4) Regional Administrator,
31 (5) Regional Legal Officer, (6) Regional Treasurer, (7) Regional General Services
32 Officer and (8) Regional Planning and Development Officer. In addition,
33 thereto, the Regional Governor may, subject to the approval of the Regional
34 Legislative Assembly and availability of funds, create other offices deemed
35 necessary.
36 The Regional Executive Secretary and the heads of the various regional
37 offices and employees under the executive department shall be
38 appointed by the Regional Governor. The appointment of the heads of Formatted: Font color: Text 1
39 regional offices requires the concurrence of the majority of the members of
40 the Regional Legislative Assembly and compliance to civil service law, rules
41 and regulations and this Organic Act. The Regional Legislative Assembly
42 shall act on said appointment within fifteen (15) days from the date of
43 submission otherwise the same shall be deemed confirmed.
44 The rank and salary grade level of the heads of the different regional
45 departments shall be equivalent to the regional directors of regional line
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1 c. The Regional Legal Officer, the chief legal counsel of the regional
2 autonomous government, shall take charge of the office of legal
3 services and shall:
4 1. Formulate measures for the consideration of the Regional Legislative
5 Assembly and provide legal assistance and support to the Regional
6 Governor, as the case may be, in carrying out the delivery of basic
7 services and provisions of adequate facilities necessary.
8 2. Develop plans and strategies and upon approval thereof by the
9 Regional Governor, as the case may be, implement the same,
10 particularly those which have to do with programs and projects
11 related to legal services which the Regional Governor is empowered
12 to implement and which the Regional Legislative Assembly is
13 empowered to provide for under this Organic Act.
14 3. Recommend measures and advise the Regional Governor on all
15 other matters related to upholding the rule of law.
16 4. Be in the frontline of protecting human rights and prosecuting any
17 violations thereof, particularly those which occur during and in the
18 aftermath of man-made or natural disasters or calamities.
19 5. Exercise such other powers and perform such other duties and
20 functions as may be prescribed by law or ordinance.
21 6. In addition to the foregoing duties and functions, the legal officer
22 shall:
23 i. Represent the regional autonomous government in all civil
24 actions and special proceedings wherein the autonomous
25 region or any official thereof, in his official capacity, is a party.
26 ii. When required by the Regional Governor, draft ordinances,
27 contracts, bonds, leases and other instruments, involving any
28 interest of the autonomous region and provide comments and
29 recommendations on any instrument already drawn.
30 iii. Render his/her opinion in writing on any question of law when
31 requested to do so by the Regional Governor.
32 iv. Investigate or cause to be investigated any Autonomous Region
33 of the Cordillera official or employee for administrative neglect
34 or misconduct in office, and recommend appropriate action to
35 the Regional Governor as the case may be.
36 v. Investigate or cause to be investigated any person, firm or
37 corporation holding any franchise or exercising any public
38 privilege for failure to comply with any term or condition in the
39 grant of such franchise or privilege by the Autonomous Region of
40 the Cordillera, and recommending appropriate action to the
41 Regional Governor, as the case may be.
42 vi. When directed by the Regional Governor, initiate and prosecute
43 in the interest of the autonomous region any civil action on any
44 bond, lease or other contract upon any breach or violation
45 thereof.
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1 a. All the provincial governors, the city and capital town mayors.
2 b. Two (2) members of the Regional Legislative Assembly, to be designated
3 by its presiding officer preferably the appropriations chair as a member.
4 c. Private sector representatives of duly accredited private sector and
5 non-government organizations/people's organizations, provided that
6 their composition shall not be less than one-fourth of the total
7 membership.
8 d. Regional heads of devolved and non-devolved line agencies who are
9 members of the NEDA Board.
10 e. The Council may designate special non-voting members (SNVMs)
11 coming from both the public and private sectors, upon concurrence of
12 the majority of its regular members.
13 f. Representatives of all ethno-linguistic cultural groups.
14
15 Section 67.Section 66. The regional office of the National Economic and
16 Development Authority (NEDA) shall serve as the secretariat and technical
17 operations arm of the Council.
18
19 Section 68.Section 67. The Cordillera Development Council shall:
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7 a. Sign all warrants drawn on the Regional Treasury Office for all
8 expenditures appropriated for the operation of the Regional Legislative
9 Assembly;
10
11 b. Subject to civil service law, rules and regulations, and this Organic Act,
12 appoint all officials and employees of the Office of the Regional Vice-
13 Governor, the Regional Legislative Assembly and the Office of the
14 Secretary to the Regional Legislative Assembly. The appointment of the
15 Secretary to the Regional Legislative Assembly shall however require the
16 concurrence of the majority of the members of the Regional Legislative
17 Assembly as well as compliance to civil service law, rules and regulations
18 and this Organic Act;
19 c. Assume the office of the Regional Governor for the unexpired term of
20 the latter in the event of a permanent vacancy as provided in this
21 Organic Act;
22
23 d. Exercise the powers and perform the duties and functions of the
24 Regional Governor in cases of temporary vacancy as provided in this
25 Organic Act;
26
27 e. Exercise the powers and perform the duties and functions as may be
28 prescribed by an ordinance.
29
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4
To be replaced with “concerned” as suggested by Dr. Cosalan during the plenary last July 18, 2019
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19 The Autonomous Region of the Cordillera shall also have the power to declare
20 nature reserves and aquatic parks, forests, watershed reservations, and other
21 protected areas in the Autonomous Region of the Cordillera, including collection
22 of payments of environmental services.
23
24 The Autonomous Region of the Cordillera shall pass a law to establish protected areas, the
25 procedure for the declaration and the management thereof, and the role of the Autonomous
26 Region of the Cordillera and other stakeholders in the process: Provided, that protected areas
27 be declared within the ancestral domains shall be subject to the Free, Prior And Informed
28 Consent.
29
30 Pending the enactment of such law, the declaration and management of protected areas shall
31 be governed by existing laws rules and regulations. Existing nature reserves and protected
32 areas shall remain as such. These, including those to be declared, shall be managed in
33 accordance with sustainable development and biodiversity conservations and treaties to which
34 the Philippines is a party.6
35
36
37 All explorations, developments and utilization of the foregoing natural
38 resources is subject to the right to Free, Prior and Informed Consent of
39 Indigenous Cultural Communities/Indigenous Peoples within their ancestral
40 domain, as well as the right Indigenous Cultural Communities/Indigenous
41 Peoples to participate in the benefits therefrom.
5
Entirely new article and its sections; mostly lifted from BOL but highlighted in red font were the changes included
by the cluster on ENR
6
(src: Section 8, Article XIII of BOL, RA 11054)
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1
2 Section 98. Grant of permits, licenses and contracts. The Autonomous Region
3 of the Cordillera shall have the authority, power, and right to the control and
4 supervision over the exploration, utilization, development, and protection of
5 the lands, forests, water, minerals and other natural resources, including
6 biodiversity within the autonomous region in accordance with the Constitution
7 and the pertinent provisions of this Organic Act, except for the strategic
8 minerals such as uranium, petroleum, and other fossil fuels, mineral oil, and all
9 sources of potential energy, provided that the autonomous government shall
10 be consulted. Permits and licenses and the granting of contracts for this
11 purpose shall be within the powers of the Autonomous Region of the Cordillera.
12
13 Section 99. Transfer of Management of Existing Nature reserves and Protected
14 Areas. -– The Autonomous Region of the Cordillera shall also have the power
15 to declare nature reserves and aquatic parks, forests, watershed reservations,
16 and other protected areas in the Autonomous Region of the Cordillera,
17 including collection of payments of environmental services.
18
19 The Autonomous Region of the Cordillera may pass ordinances to establish
20 protected areas, the procedure for the declaration and the management
21 thereof, and the role of the Autonomous Region of the Cordillera and other
22 stakeholders in the process, without prejudice to the rights to Free, Prior and
23 Informed Consent of Indigenous Cultural Communities/Indigenous Peoples
24 within their ancestral domain.
25
26 Pending the enactment of such ordinance, the declaration and management
27 of protected areas shall be governed by existing laws rules and regulations.
28 Existing nature reserves and protected areas shall remain as such. These,
29 including those to be declared, shall be managed in accordance with
30 sustainable development and biodiversity conservations and treaties to which
31 the Philippines is a party.
32
33 Section 100. The management and protection of nature reserves and
34 aquatic parks, forests, watershed and mineral reservations, and other
35 protected areas in the territorial jurisdiction of the Cordillera that have already
36 been defined by under the authority of the National Government shall be
37 transferred to the Autonomous Region of the Cordillera.
38
39 Within three (3) months from the establishment of the Regional Transition
40 CommitteeThe Autonomous Region of the Cordillera, the Autonomous Region
41 of the Cordillera and the the Department of Environment and Natural
42 Resources, the National Commission on Indigenous Peoples, as well as other
43 relevant government agencies, shall start the process of transferring the
44 management of these areas to the Autonomous Region of the
45 Cordilleraregional government, including the conduct of surveys of all
46 affected areas and the planning and transition for each and every protected
47 area.. The transfer shall be completed within a period not exceeding six
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1 months upon the full creation and establishment of the Autonomous Region of
2 the Cordillera. 7
3
4 Section 101.Section 100. Exploration, Development, and Utilization of Fossil Fuels
5 and Uranium. -– Subject to the provisions of the Constitution and national laws
6 that are not prejudicial or oppressive to the region as determined by our
7 regional legislative assembly, the Autonomous Region of the Cordillera and
8 the National Government shall jointly exercise the power to grant rights,
9 privileges, and concessions over the exploration, development, and utilization
10 of uranium and fossil fuels such as petroleum, natural gas, and coal in the
11 territorial jurisdiction of the Autonomous Region of the Cordillera. The use of the
12 renewable energy shall be promoted for power generation to achieve the
13 sustainable development goals and promote low carbon energy generation
14 policies.
7
(src: Section 9, Article XIII of BOL, RA 11054)
8
(src: Section 10, Article XIII of BOL, RA 11054)
9
(src: Section 11, Article XIII of BOL, RA 11054)
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1 The right of indigenous peoples to free, prior and informed consent in relation
2 to development initiatives and exploration, development, and utilization of the
3 natural resources within the ancestral domains shall be recognized.10
4
5 Section 104.Section 103. Protection of the ancestral domain and ancestral lands
6 of indigenous cultural communities (ICCs). All lands and natural resources in
7 the autonomous region that have been possessed or occupied by Indigenous
8 Cultural CommunitiesICCs since time immemorial, except when prevented by
9 war, force majeure, or other forms of forcible usurpation, shall form part of the
10 ancestral domain. Such ancestral domain shall include pasture lands, worship
11 areas, burial grounds, forests and fields, mineral resources, lakes, rivers, and
12 lagoons; and national reserves and marine parks, as well as forest and
13 watershed reservations except strategic minerals such as uranium, coal,
14 petroleum; and other fossil fuels, mineral oils, and all sources of potential
15 energy11.
16
17 Section 105. Authority, power, and right to the control and supervision over the
18 exploration, utilization, development, and protection of the lands, forests,
19 water, minerals and other natural resources including biodiversity within the
20 autonomous region in accordance with the Constitution and the pertinent
21 provisions of this Organic Act except for the strategic minerals such as uranium,
22 petroleum, and other fossil fuels, mineral oil, and all sources of potential
23 energy, provided that the autonomous government shall be consulted.
24 Permits and licenses and the granting of contracts for this purpose shall be
25 within the powers of the Autonomous Region of the Cordillera. 12
26
27 Section 106.Section 104. Mines and Mineral Resources. - Subject to the provisions
28 of the Constitution and national laws that are not prejudicial or oppressive to
29 the region as determined by our regional legislative assembly, the
30 Autonomous Region of the Cordillera shall have the authority and jurisdiction Formatted: Font color: Text 1
31 over the exploration, development, and utilization of mines and minerals in its
32 territorial jurisdiction, taking into consideration environmental protection and
33 ecological balance. The Autonomous Region of the Cordillera shall have the
34 power to grant permits, licenses, and contracts for this purpose.13
35
36 Section 107.Section 105. Regulation of Small-Scale Mining. - Small-scale Mining
37 shall be regulated by the Autonomous Region of the Cordillera to the end that
38 the ecological balance, safety and health, and the interests of the affected
39 communities, the miners, the indigenous peoples, and the local government
40 units of the place where such operations are conducted are duly protected
41 and safeguarded. All gold produced by small-scale miners in any mineral area
42 shall be sold to the Bangko Sentral ng Pilipinas, or its duly authorized
43 representatives, which shall buy the same prices competitive with those
44 prevailing in the world market, regardless of volume or weight. 14
45
10
(src: Section 12, Article XIII of BOL, RA 11054)
11
Section 25, 3a of HB 5343
12
Section 25, 3d of HB5343
13
(src: Section 13, Article XIII of BOL, RA 11054)
14
(src: Section 15, Article XIII of BOL, RA 11054)
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15
(src: Section 93, Article IX of HB 5343)
16
(src: Section 96, Article IX of HB 5343)
17
(src: Section 92, Article IX of HB 5343)
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21 Local Government Units shall have a share of one and one-half percent (1.5%)
22 of the gross sales or receipts or fifty percent (50%) of the gross collection,
23 whichever is higher, derived from renewable energy taxes, mining taxes,
24 royalties, forestry and fishery charges, and such other taxes, fees and charges,
25 including related surcharges, interests or fines, and from its share in any co-
26 production, joint ventures or production sharing agreement in the utilization
27 and development of the national wealth within their territorial jurisdiction. This
28 provision shall be applicable to all corporations, partnership, individuals and
29 other entities including government agencies and government owned or
30 controlled corporations engaged in the utilization and development of the
31 national wealth within the region irrespective of existing contrary laws, rules
32 and regulations of national application.
33 c. Two percent (2%) share out of the Economic Zones Tax. The Autonomous
34 Region of the Cordillera shall have a separate two percent (2%) share out
35 of the five percent (5%) final tax on gross income earned or equivalent to
36 forty percent (40%) of total tax paid by businesses within the economic
37 zones found in the Cordillera, in addition to the existing shares of the local
38 government units of two percent (2%). The fund shall be used for Trade and
39 Industry programs.
40
41 Local government units shall have a separate two percent (2%) share out of
42 the five percent (5%) final tax on gross tax paid by businesses within the
43 economic zones.
44 d. Twenty percent (20%) Share in Value Added Tax. The Autonomous Region
45 of the Cordillera shall have a separate twenty percent (20%) share in VAT
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1 remitted to the regional treasury and fifty percent (50%) of this share shall be
2 automatically retained by the collecting agencies to augment their regular
3 operating expenses.
4
5 Section 116.Section 114. Donations or grants to the region to finance, to provide
6 for, or to be used in undertaking projects in health, education, culture, youth
7 and sports development, human settlements, science and technology, and in
8 economic development, shall be exempt in the payment of donors’ tax.
9 Provided, that the validation and certification processes for such donations or
10 grants shall have been done according to regional law.
11
12 Section 117.Section 115. The Autonomous Region of the Cordillera, in
13 accordance with the provisions of the Constitution and national laws and
14 upon the recommendation of the Cordillera Development Council and
15 ratification of the Regional Legislative Assembly, shall evolve a system of
16 economic agreements or trade compacts to generate grants and foreign
17 loans for development of the region.
18
19 Section 118.Section 116. The Regional Governor may contract loans only in
20 accordance with the provisions of the Constitution and national laws and
21 subject to the approval of the Regional Legislative Assembly.
22
23 Section 119.Section 117. The Regional Legislative Assembly shall have the power
24 to grant incentives or exemption on fees and charges which the autonomous
25 region is empowered under this Act to impose. An ordinance granting
26 incentives, exemptions or both shall only be passed with the concurrence of a
27 majority of all the members of the Regional Legislative Assembly.
28
29 Section 120.Section 118. Banks and other financial institutions. The Autonomous
30 Region of the Cordillera shall encourage the establishment of banks and other
31 financial institutions and their branches to facilitate the accumulation of
32 capital and investment and the delivery of credit assistance to business in the
33 region.
34
35 Section 121.Section 119. The Autonomous Region of the Cordillera shall
36 formulate fiscal and regulatory licensing standards appropriate for the region.
37
38
39
40
41
42
43
44 ARTICLE XII: AGRICULTURE, AGRARIAN REFORM, TRADE AND INDUSTRY, TOURISM Formatted: Font color: Text 1
45 AND COOPERATIVE
46
47 Section 122.Section 120. Agrarian Reform and Sustainable Agricultural and
48 fisheries development. Consistent with applicable laws, the Autonomous
49 Region of the Cordillera shall, as a basic policy, promote agrarian reform and
50 sustainable agricultural development within the principles of social equity and
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17 c. Formulate and implement product standards and regulatory rules that will
18 ensure the production, processing, distribution and marketing of safe and
19 globally-competitive products, and simultaneously promote environmental
20 conservation.
21
22 d. Ensure that all sectors involved in the production, processing and marketing
23 of food and non- food products shall strictly adhere to appropriate existing
24 laws and regulations on the proper utilization and disposal of synthetic and
25 chemical inputs and materials, and industrial and toxic wastes. Relative to Formatted: Font color: Text 1
26 this, the Autonomous Region of the Cordillera shall pursue and encourage
27 organic methods of agriculture.
28
29 Section 126.Section 124. Promotion of investment and employment generation;
30 Micro-Small-and-MMedium-Enterprises development. To promote
31 investments and employment generation and to prevent flight of capital and
32 labor from the region, the Autonomous Region of the Cordillera shall adopt
33 measures:
34
35 a. Against monopolies, cartels and unfair competition in public utilities,
36 development, trading and similar concerns. It may, in the interest of
37 regional welfare and security, establish and operate pioneering public
38 utilities. Upon payment of just compensation, it may transfer the ownership
39 of such utilities to cooperatives or other collective organizations.
40
41 b. To initiate, encourage and support industrialization in the region, taking into
42 account the culture and capabilities of the people of the area to control
43 or manage their resources, the ecological needs of the area and the
44 protection, conservation and development of resources
45
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18
Suggestion from Ms. Emerita Fuerte
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39 b. Reduce or eradicate poverty to ensure that all Cordillerans are free from all
40 forms of deprivation, vulnerability, and abuse.
41
42 c. Create equal opportunities for assistance and protection for all
43 Cordillerans.
44
45 d. Promote gender and development (GAD) through the creation, adoption
46 and sustainability of programs and policies that are gender responsive.
47 Monitoring of the implementation of Gender and ADevelopment policies Formatted: Font color: Text 1
48 and programs by various sectors.
49
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1 e. Enact measures and develop programs that will protect the people from
2 any threat of violence and exploitation, eliminate trafficking in persons and
3 mitigate pressures for involuntary migration and servitude of persons, not
4 only to support trafficked persons but more importantly, to ensure their
5 recovery, rehabilitation and reintegration into the mainstream of society.
6
7 Section 145.Section 143. Equality of Employment Opportunities. The Autonomous
8 Region of the Cordillera shall undertake steps to protect the labor sector and
9 promote equality of employment opportunities for all. Towards this end, it shall,
10 among other things, provide for:
11
12 a. Participation of the Autonomous Region of the Cordillera in the regional
13 wage board in working out periodic adjustments and rational
14 standardization of compensation rates to ensure a sustainable and decent
15 wage for all workers.
16
17 b. Profit and productivity gain-sharing schemes that recognize the right of
18 workers to a just share in the profits and productivity gains of businesses,
19 provide incentives thereof, and the right of the enterprise to reasonable
20 returns on investments.
21
22 c. Protection of workers against unhealthy and unsafe working conditions.
23
24 d. Mandatory corporate social responsibility towards employees and host
25 community.
26
27 Section 146.Section 144. Hiring of Qualified Cordillerans. The Autonomous Region
28 of the Cordillera shall promote the hiring of qualified Cordillerans in
29 government projects and private businesses located in the autonomous
30 region.
31
32 Section 147.Section 145. Health as Basic Human Right. The Autonomous Region
33 of the Cordillera recognizes health as a basic human right and the attainment,
34 maintenance and protection thereof shall be its responsibility. It affirms health
35 as an instrument for and a product of socio-economic development. For this
36 purpose, it shall, among other things:
37
38 a. Establish, maintain, and support an effective health care delivery system
39 utilizing primary health care as a comprehensive and integrated approach
40 in support to national health care programs.
41 b. Ensure that the health care system is governed by the principles of service,
42 social justice and equity.
43 c. Promote health knowledge and skills that will enable its people to take
44 responsibility for their health.
45 d. Give relevant training and appropriate standards for health workers and
46 professionals.
47 e. Establish and maintain an effective food and drug regulatory system which
48 shall ensure food safety, provide for the adoption of an essential drug list,
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1 encourage the use of generic medicines or drugs, and promote the use of
2 herbal medicines and indigenous health resources.
3 f. Promote indigenous health care practices and conduct research, in
4 partnership with appropriate institutions, on traditional, modern, and
5 alternative healing methods.
6 g. Evolve financing schemes to effectively lessen the costs of health care
7 without sacrificing the quality of health care services; and
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1 Section 154.Section 152. Support for Senior Citizens. The Autonomous Region of
2 the Cordillera shall ensure the welfare of senior citizens by upholding their rights
3 and providing the benefits and privileges they presently enjoy.
4
5 Section 155.Section 153. Comprehensive program on Children and the Youth.
6 The Autonomous Region of the Cordillera shall establish a comprehensive
7 program on youth development, create the structures to implement the same
8 and appropriate adequate funds to provide support for the program.
9
10 Section 156.Section 154. Rights of Children. The Autonomous Region of the
11 Cordillera shall respect, protect and promote the rights of children, especially
12 orphans of tender age. They shall be protected from exploitation, abuse or
13 discrimination. Their education and development, both physical and mental,
14 shall be protected from exploitation, abuse, or discrimination. Their education
15 and development, both physical and mental shall be fully addressed.
16
17 Policies and programs shall take into utmost consideration the best interest of
18 children, and promote and protect the rights of children, youth, and
19 adolescents, including their survival and development.
20
21 The Autonomous Region of the Cordillera and its constituent local government
22 units shall provide for adequate funding and effective mechanisms for the
23 implementation of this policy.
24
25 Section 157.Section 155. Support to Peoples’ Organization. The Autonomous
26 Region of the Cordillera shall promote and support duly established peoples'
27 organizations and encourage the formation of organizations, especially those
28 of the underprivileged.
29
30 ARTICLE XV: PEACE AND ORDER Formatted: Font color: Text 1
31
32 Section 158.Section 156. The Autonomous Region of the Cordillera shall promote
33 and maintain peace and order and public safety in the region. It shall not
34 allow private armies.
35
36 Section 159.Section 157. The defense and security of the autonomous region
37 shall be the responsibility of the national government with due recognition to
38 recommendations from the Autonomous Region of the Cordillera. Likewise,
39 both National and the Autonomous Region of the Cordillera should recognize,
40 respect, and support local peace initiatives and social mechanisms that are
41 self-determined by indigenous communities for the protection and welfare of
42 its members.
43
44 Section 160.Section 158. The Autonomous Region of the Cordillera shall have co-
45 management over peace-keeping programs and initiatives and undertake
46 close coordination with the Philippine National Police as well as the Armed
47 Forces of the Philippines and other National Law Enforcement Agencies.
48
49 Section 161.Section 159. The provisions of the preceding sections
50 notwithstanding, the Regional Governor upon thorough assessment may
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1 request the President of the Philippines to call upon the Armed Forces of the
2 Philippines:
3
4 a. To prevent or suppress lawlessness, violence, invasion or rebellion, when the
5 public safety so requires, in accordance with the provisions of the
6 Constitution.
7
8 b. To suppress the danger to or breach of peace in the autonomous region,
9 when the police forces of the autonomous region are not able to do so.
10
11 c. To avert any imminent danger to public order and security in the
12 autonomous region.
13
14 Section 162.Section 160. The Autonomous Region of the Cordillera shall
15 strengthen and enhance indigenous institutions or systems as may be
16 applicable and found to be acceptable and effective in the promotion of
17 social, political, economic and peace and order in the region. It shall provide
18 for a system of incorporating indigenous practices in conflict resolution
19 wherever and whenever applicable. The indigenous customary modes of
20 settling disputes shall be recognized as alternative modes of dispute resolution.
21
22
23
24
25
26
27
28
29 ARTICLE XVI: GENERAL PROVISIONS Formatted: Font color: Auto
30
31 Section 163.Section 161. This Organic Act shall be officially promulgated in
32 Filipino and English and translated into the languages widely spoken in the
33 autonomous region. In case of conflict, the English text shall prevail.
34
35 Section 164.Section 162. The Regional Legislative Assembly may adopt a new
36 name for the Autonomous Region of the Cordillera after public consultation.
37
38 Section 165.Section 163. The Autonomous Region of the Cordillera shall have a
39 regional flag, emblem and hymn.
40
41 ARTICLE XVII: PERSONAL, FAMILY, INDIGENOUS AND PROPERTY RELATIONS Formatted: Font color: Auto
42
43 Section 166.Section 164. Customary laws of the Indigenous Peoples’ of the
44 Cordillera shall be recognized, protected and promoted.
45
46 Section 167.Section 165. The family as the basic unit of society shall be protected.
47
48 Section 168.Section 166. Marriages solemnized in accordance with the
49 indigenous customary laws of the place shall be valid, and the dissolution of
50 such marriages in accordance with these laws shall be recognized.
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1
2 Section 169.Section 167. The primacy of customary laws in the settlement of
3 disputes shall be recognized and respected. The same may apply to disputes
4 involving non-indigenous peoples (non-IPs) or persons belonging to different IP
5 groups.
6
7 The Autonomous Region of the Cordillera shall study the strengthening of tribal
8 courts in accordance with the customary laws, justice systems and traditions
9 of the Indigenous Cultural Communities/Indigenous PeoplesICCs/IPs in the
10 Autonomous Region of the Cordillera.19
11
12 Section 170.Section 168. Acquisition and encumbrance of property in
13 accordance with customary laws of the place shall be recognized and
14 protected.
15
16 Section 171.Section 169. Upon agreement of the parties, settlement of disputes
17 involving property rights and ownership shall be governed by the customary
18 laws of the place where the property is located.
19
20 ARTICLE XVIII: AMENDMENTS OR REVISIONS Formatted: Font color: Auto
21
22 Section 172.Section 170. Any amendment to, or revision of this Act may be made
23 by Congress upon recommendation of the majority of all members of the
24 Regional Legislative Assembly subject to mandatory prior public consultation.
25
26 Section 173. Any amendment to or revision of this Organic Act shall
27 become effective when ratified by a majority of the votes cast in a
28 plebiscite called for the purpose which shall be held not earlier than sixty
29 (60) days nor later than ninety (90) days after the approval of such
30 amendment or revisions.
31
32 ARTICLE XIX: TRANSITORY PROVISIONS Formatted: Font color: Auto
33
34 Section 174.Section 171. Coverage of the Plebiscite. The coverage of the
35 plebiscite shall be the provinces of Abra, Apayao, Benguet, Ifugao, Kalinga,
36 Mountain Province, and the chartered City of Baguio. Any two or more
37 provinces and/or cities voting favorably for this Organic Act in the plebiscite
38 shall comprise the Autonomous Region of the Cordillera while those voting
39 unfavorably for this Organic Act in the plebiscite shall remain within their
40 current region. *(Alternate proposal: Delete underlined portion)
41
42 Section 175.Section 172. Unless otherwise provided by law, the date of election
43 of the first set of officials of the Regional Government shall be in the next local
44 election following the ratification of this Organic Act in the plebiscite.
45 Subsequent elections shall coincide with the nationwide local elections.
46
47 Section 176.Section 173. For purposes of the first regional election, candidates
48 must have actually resided and a registered voter in the region for at least
19
Adopted from the IPLA Output with modifications from Atty. Harriet Abyadang.
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1 seven (7) years immediately preceding the election. Provided that they meet
2 all other qualifications and none of the disqualifications under Article V of this
3 Organic Act.
4
5
6 Section 177.Section 174. Except for the regional line agencies, the Cordillera
7 Executive Board, the Cordillera Regional Assembly, and the Cordillera Bodong
8 Administration as a commission, created under Executive Order No. 220, and
9 the Cordillera Regional Development Council created by Executive Order 30
10 after the de-activation of the above-mentioned Cordillera bodies, shall cease
11 to exist immediately upon the assumption of office of the Regional Governor.
12
13 Section 178.Section 175. The seat of the Regional Government of ARC shall be
14 determined by the majority of all members of the Regional Assembly:
15 Provided, however, that the interim seat of the Regional Government shall be
16 in the City of Baguio.
17
18 The amount of Two billion five hundred million (P2,500,000,000) shall be allotted
19 for the construction of the regional government center.
20
21
22 Section 179.Section 176. Within one (1) month from the organization of the
23 Regional Government, an Oversight Committee composed of the executive
24 secretary as Chairperson, the secretary of the Department of Budget and
25 Management, the Cordillera Regional Governor, the presiding officer of the
26 Cordillera Legislative Assembly, two (2) senators to be designated by the
27 Senate President, two (2) representatives to be designated by the Speaker of
28 the House of Representatives, the incumbent Chairperson and Co-
29 Chairperson of the Cordillera Regional Development Council, the Secretary of
30 the Department of the Interior and Local Government, the Chairperson of
31 National Commission on Indigenous Peoples, Secretary of the Department of
32 Environment and Natural Resources and other affected agencies as
33 members, shall be organized for the purpose of supervising the transfer to the
34 autonomous region of such powers and functions vested in it by this Organic
35 Act and the appropriations of the offices or agencies including the transfer of
36 properties, assets and liabilities, and all personnel of the line agencies and
37 government-owned or –controlled corporations that may be absorbed by the
38 Regional Government and, with respect to the latter, also the terms and
39 conditions of their turnover, without diminution of their compensation and
40 other benefits. Provided, the salaries of these absorbed personnel shall
41 continue to be funded by the national government.
42
43 Within six (6) months after its organization, the oversight committee shall submit
44 its report and recommendation to the President of the Philippines who shall act
45 on the report and recommendations within ninety (90) days after receipt
46 thereof: Provided, however, that if the President fails to act within said period,
47 the recommendations of the Oversight Committee shall be deemed
48 approved.
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1
2 Section 183.Section 180. Disclosure and transparency. Funds shall be available
3 exclusively for the specific purpose for which they have been appropriated.
4 Any officer of the Autonomous Region of the Cordillera whose duty permits or
5 requires the possession, custody and disbursement of the funds shall be
6 accountable and responsible thereof. Financial records shall be kept, audited
7 and made public annually or as often as maybe necessary.
8
9 Section 184.Section 181. The creation of the Autonomous Region of the
10 Cordillera shall take effect when approved by a majority of the votes cast by
11 the constituent units provided in Section 3, Article II of this Act.
12
13 The amount of Two billion six hundred ninety-five million (P2,695,000,000) as
14 herein appropriated shall be charged against the contingent fund. Any
15 deficiency thereof shall be taken from any available funds of the national
16 government.
17
18 Section 185.Section 182. Any provision or part of this Organic Act found to be
19 invalid or unconstitutional shall not invalidate the provisions or parts thereof not
20 affected thereby.
21
22 Section 186.Section 183. All laws inconsistent with this Organic Act are hereby
23 repealed or modified accordingly.
24
25 Section 187. Creation of a Local Government Center for the Cordillera.
26
27 ARTICLE XX: EFFECTIVITY
28
29 Section 188.Section 184. This Act shall take effect after fifteen (15) days following
30 its complete publication in at least two (2) national newspapers and all local
31 newspapers of general circulation in the autonomous region.
32
33
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