Republic Act No. 8438             December 22, 1997

AN ACT TO ESTABLISH THE CORDILLERA AUTONOMOUS REGION

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

PREAMBLE

We, the people of the Cordillera, imploring the Aid of Divine Providence exercising our fundamental and constitutional right to self-determination in faithfulness to the struggle of our forbears for the defense of our patrimony and cultural heritage, in order to secure for ourselves and our posterity a region of peace founded on truth, freedom, justice, love and human solidarity and establish a Regional Autonomous Government that shall ensure our human rights, our human development, and our participation in the affairs of the Filipino nation, do proclaim this Charter

of the Cordillera Autonomous Region.

ARTICLE I
TERRITORY AND PEOPLE

Section 1. There is hereby created an autonomous region in the Cordilleras to be known as the “Cordillera Autonomous Region (CAR).”

Section 2. (a) The area of the Cordillera Autonomous Region shall consist of the city and provinces that shall vote favorably in the plebiscite called for the ratification of this Organic Act pursuant to Sec. 18, Article X of the Constitution.

(b) The area of the plebiscite shall be the provinces of Benguet, Mountain Province, Ifugao, Abra, Kalinga, Apayao, and the chartered City of Baguio.

Section 3. The term Cordillerans shall apply to all Filipino citizens who are domiciled within the territory of the CAR.

ARTICLE II


DECLARATION OF 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 Cordillera the right to secure for themselves their ancestral domain, develop their economy, promote their cultural heritage, and establish a system of self-governance within the framework of the Philippine Constitution and national sovereignty, as well as the territorial integrity of the Philippines.

Section 3. Wherever applicable, and whenever it is useful, without contravening morals and public policies, local indigenous customs, traditions, practices, and institutions are hereby recognized and may be availed of by appropriate parties.

Section 4. It is the primary duty of the regional government to ensure and protect the basic individual and collective rights of its constituents and general welfare of all the people as enshrined in the Constitution and this Organic Act.

Section 5. The exploitation, exploration, development, enjoyment and utilization of natural resources of the region shall be consistent with the conservation and protection of ecological balance and, in any case, shall be for the benefit and advantage of the Cordillerans.

Section 6. The CAR shall promote social justice by enacting and implementing measures to minimize disparities between the rich and the poor, and the rural and urban areas by providing equal or equitable access to essential services, employment and other opportunities and equitable sharing of wealth and resources.

Section 7. The people of the Cordilleras aspire for peace founded on justice and reverence for human life and dignity. The promotion of peace shall include the renunciation of all forms of lawlessness, violence, cruelty, vengeance, and discrimination.

Section 8. The common good requires equal access to resources, employment, and services by all ethnic, social, and economic sectors and the adoption of measures for the democratic sharing of wealth, power and opportunities without distinctions based on ethnic origin, sex, language, political conviction, economic or social status or religious belief. The regional government shall adopt policies necessary to minimize the disparities between the rich and the poor, rural and urban areas and among territorial subdivisions.

Section 9. The people of the Cordillera have the right, especially through their voluntary organizations and movements to participate and be equitably represented at appropriate levels of social, economic, and political decision-making and in the formulation and implementation of local, regional, and national priorities, plans, programs and projects, and to monitor their implementation.

Section 10. The development of the region requires the creation of an environment that shall provide for the basic human needs and ensure a rising standard of living for all.

The people of the region shall have prior right to the utilization and development of the natural, material, and fiscal resources of the region. The natural, material, and fiscal resources of the region shall be put to optimum and just use primarily for the benefit of the people of the Cordillera.

The conservation and protection of the natural environment by the Cordillera Autonomous Region and its people is an essential dimension of regional development.

The regional government shall promote a balanced sustainable economic growth and development in the region.

Section 11. It is the task of the Cordillera Autonomous Region to establish within the framework of the national system of education, as defined in the Constitution and national laws, an educational system, both formal and nonformal, that provides for its people an education of the best quality within its means; responds to the needs of Cordillera communities; encourages creativity and critical thinking; promotes science and appropriate technology; respects indigenous culture; inculcates respect for human rights and the dignity of work; fosters love of God and neighbor, self-reliance, nationalism, solidarity and other desirable Filipino values; and contributes to the common good.

Section 12. The development of the youth is a prime duty of the Cordillera Autonomous Region. Their effective participation and representation in public affairs shall be guaranteed.

Section 13. Civilian authority shall remain supreme at all times for the protection of the freedom of the people and for the promotion of their safety and welfare.

Section 14. The national government shall provide financial assistance to the Cordillera Autonomous Region by appropriating such sums as may be necessary to accelerate the development of the region.

Section 15. The regional government shall pursue a policy of holding consultation or public hearings on matters of local and regional priorities, plans and programs as well as transparency in the implementation of projects affecting the constituents of the local government units concerned.

Section 16. The regional government shall pursue a policy of devolution of powers and functions whereby lower levels of government are entrusted with functions appropriate to them: Provided, however, That until a regional law implementing this provision is enacted, the Local Government Code shall be applicable.

The local government units shall enjoy autonomy and continue to exercise the powers granted them under the Local Government Code.

Section 17. The regional government shall recognize the role of organized sectors and groups to initiate the monitoring and investigation of fund utilization, work contracts and project implementation, and the filing of charges for irregularities.

Section 18. The regional government shall adopt measures to free the people from poverty, generate employment and develop a self-reliant economy effectively controlled by Filipinos.

Section 19. It is the policy of the Cordillera Autonomous Region to prohibit the development, storage, use or transport of nuclear, biological or chemical weapons within the region.

Section 20. The regional government shall be consistent with the Constitution and national laws, provide incentives to investors, corporation and business but shall adopt measures to prevent the exploitation of natural and human resources and to ensure that such activities contribute to the development of wealth and income among the inhabitants and local government units.

Section 21. Subject to the Constitution and national laws, the regional government shall review all forms of future aid loans to local government units in order to safeguard autonomy and enhance development.

Section 22. Subject to the Constitution and national laws, the regional government shall set rules and guidelines for energy production, public transportation and communication.

Section 23. The regional government shall promote and harmonize the interests of both labor and capital and shall protect their respective rights.

Section 24. The regional government shall ensure that women and men enjoy equality before the law and shall in particular, prevent sex discrimination in the practice of professions, in conditions of and opportunities for employment or promotion.

Section 25. The regional government shall enact laws to protect children against all forms of neglect, cruelty and exploitation particularly in employment harmful to their moral, physical, or mental health.

Section 26. Except under a state of emergency, no active military personnel shall be appointed or designated to any public position which is civilian in character, including government-owned or -controlled corporations or any of their subsidiaries under the control, supervision and management of the regional government.

Section 27. The regional government shall take measures to prevent torture; other cruel, inhuman, and degrading treatment or punishment; and illegal detention and extra-judicial executions.

Section 28. Subject to the Constitution and national policies, the regional government shall pursue reconciliation efforts and promote peace and demilitarization in the region.

ARTICLE III


THE CORDILLERA AUTONOMOUS REGION

Section 1. The Cordillera Autonomous Region is a territorial and political subdivision administered by the Regional Autonomous Government consisting of the regional government and local government units under the general supervision of the President of the Republic of the Philippines.

Section 2. The regional government shall exercise powers and functions necessary for the proper governance and development of all provinces, cities, municipalities, and barangays within the autonomous region consistent with the declared constitutional policy on regional and local autonomy and decentralization: Provided, That nothing in this Act shall be construed as to authorize the diminution of the powers and functions already enjoyed by local government units.

Section 3. The President of the Philippines shall exercise general supervision over the regional autonomous government and all local government units in the area of autonomy through the head of the regional autonomous government to ensure that laws are faithfully executed.

Section 4. The regional government may exercise the power of eminent domain.

Section 5. The autonomous region is a corporate entity with jurisdiction in all matters devolved to it by the Constitution and this Organic Act as herein enumerated:

(1) Administrative organization;

(2) Creation of sources of revenues;

(3) Ancestral domain and natural resources;

(4) Personal, family and property relations;

(5) Regional urban and rural planning development;

(6) Economic, social and tourism development;

(7) Educational policies;

(8) Preservation and development of the cultural heritage;

(9) Powers, functions and responsibilities now being exercised by the departments of the national government, except:

(a) Foreign affairs;

(b) National defense and security;

(c) Postal service;

(d) Coinage, and fiscal and monetary policies;

(e) Administration of justice;

(f) Quarantine;

(g) Customs and tariff;

(h) Citizenship;

(i) Naturalization, immigration and deportation;

(j) General auditing, civil service and elections;

(k) Foreign trade;

(10) Patents, trademark, trade names, and copyrights; and such other matters for the promotion of the general welfare of the people of the region.

Section 6. The City of Baguio and any city within the CAR shall be governed primarily by its charter.

ARTICLE IV


THE REGIONAL LEGISLATIVE ASSEMBLY

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. Unless all the component provinces and the City of Baguio shall have been divided into districts for the election of the members of the sangguniang panlalawigan and the sangguniang panlungsod, respectively, and for purposes of the first election of the members of the assembly, the provinces of Abra, Benguet, Ifugao and Mt. Province shall each elect two (2) members per district, and the provinces of Apayao and Kalinga and the City of Baguio shall elect four (4) members at large.

There shall be party-list representatives which shall constitute twenty percentum (20%) of the total number of representatives including those under the party-list for three (3) consecutive terms after the ratification of this Organic Act, one-half (1/2) of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from such other sectors as may be provided by the Regional Assembly, except the religious sector.

Section 3. (a) The members of the Legislative Assembly shall have a term of three (3) years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

(b) No member of the Legislative Assembly shall serve for more than three (3) consecutive terms. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Section 4. (a) Unless otherwise provided by law, the regular election of the members of the Legislative Assembly shall be held on the second Monday of May.

(b) In case of vacancy in the Cordillera Assembly occurring at least one (1) year before the expiration of the term of office, a special election shall be called to fill the vacancy in the manner prescribed by regional law: Provided, That the member elected shall serve only for the unexpired term.

(c) In case of permanent vacancy in the assembly, the regional governor shall appoint to the position so vacated the nominee of the political party to which the member who caused the vacancy belonged at the time of his election: Provided, however, That the appointee has all the qualifications required by this Organic Act of a member of the assembly and none of the disqualifications provided for in other laws, and: Provided, further, That he comes from the same district represented by the member who caused the vacancy.

Section 5. The Legislative Assembly shall start its regular session on the first Monday of July, and by resolution fix the day, time and place of its regular sessions, which shall be held at least once a week. However, it may be called to a special session at any time by the Cordillera governor. In case of special sessions, a written notice shall be sent to the members’ place of residence at least twenty-four (24) hours before the special session is held unless otherwise concurred in by two-thirds (2/3) votes of the members, there being a quorum. No other matters may be considered at a special session except those stated in the notice.

Section 6. (a) A majority of all the members of the Legislative Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties as the Legislative Assembly may provide.

(b) On the first regular session following the election of its members, and within ninety (90) days thereafter, the assembly shall adopt or update its rules of proceedings which shall include, among other things, the organization of the assembly and the election of its officers, the creation of standing committees, the time, place and manner of convening its regular and special sessions, the conduct and discipline of its members, the conduct and discipline of every person present during its sessions, the preparation and publication of its journals, the determination of quorum, and the necessary votes to pass any measure, and recall proceedings in accordance with the Local Government Code.

Section 7. Unless otherwise provided by regional ordinance, a member of the assembly shall receive an annual salary not lower than that of an assistant secretary in the executive department of the national government. No increase in salary provided for by ordinance shall take effect until after the expiration of the term of office of all the members of the assembly approving the same.

Section 8. No member of the assembly may hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or -controlled corporations, or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which has been created or the emoluments whereof increased by the assembly during the term for which he was elected.

Section 9. No member of the Legislative Assembly shall personally appear as counsel before any court of justice or before the Electoral Commission or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with or in any other franchise or special privilege granted by the national or regional government, or subdivision, agency or instrumentality thereof, including government-owned or -controlled corporation or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Regional Autonomous Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Section 10. (a) There shall be a question hour as often as may be necessary and as the rules of the assembly may provide, which shall be included in its agenda, during which any official of the regional executive department may be invited to appear and answer questions and interpellations by members of the assembly.

(b) The Cordillera Assembly or any of its committees may conduct inquiries, in aid of legislation, in accordance with its duly published rules or procedures. The rights of persons appearing in or affected by such inquiries shall be respected.

Section 11. The regional governor shall submit to the assembly a budget of expenditures and sources of funds within thirty (30) days from the opening of every regular session, as the basis of the regional appropriations ordinance. The form, content and manner of preparation of the regional budget shall be as prescribed by law.

(a) No provision or enactment shall be embraced in the regional appropriations ordinance, unless it relates specifically to some particular appropriations therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

(b) The procedure in approving appropriations for the assembly shall strictly follow the same procedure for approving appropriations for the regional executive department. A special appropriations ordinance shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the regional treasurer.

(c) No ordinance shall be passed authorizing any transfer of appropriations; however, the regional governor and the presiding officer of the assembly may, by ordinance, be authorized to augment any item in the general appropriations ordinance for their respective departments from savings in other items of their respective appropriations.

If, by the end of any fiscal year, the assembly shall have failed to pass the general appropriation ordinance for the ensuing fiscal year, the general appropriations ordinance for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the proposed general appropriations ordinance is passed by the assembly.

Section 12. (a) No money shall be paid out of the treasury except in pursuance of an appropriation made by law.

(b) No money or property shall be appropriated, applied, paid or used, directly or indirectly, for the use, benefit or support of any sect, church, denomination, sectarian institution, or system of religion or for the use, benefit or support of any priest, preacher, minister or other religious teacher or dignitary as such, except when such priest, preacher, minister or dignitary is assigned to the regional police or government orphanage and rehabilitation centers or similar institutions.

Section 13. (a) Every bill shall embrace only one (1) subject which shall be expressed in the title thereof.

(b) No bill shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to the members three (3) days before its passage, except when the governor certifies to the necessity of its immediate enactment to meet a public calamity or emergency affecting the region, or the component provinces, cities, municipalities or barangays. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

(c) Every bill passed by the Legislative Assembly shall, before it becomes a law, be presented to the regional governor. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the Legislative Assembly, which shall enter the objections in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of all the members of the assembly shall agree to pass the bill, it shall become a law. The regional governor shall communicate his veto of any bill to the assembly within thirty (30) days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.

(d) The regional governor shall have the power to veto any particular item or items in an appropriation or revenue, but the veto shall not affect the item or items to which he does not object.

Section 14. The regional governor shall submit to the Legislative Assembly within thirty (30) days from the opening of every regular session, as the basis of the regional appropriations bill, budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures: Provided, That when regional revenues are insufficient, the difference shall be funded by the national government.

ARTICLE V


THE REGIONAL EXECUTIVE DEPARTMENT

Section 1. The executive power in the region shall be vested in a regional governor who shall be elected at large by direct vote of the registered voters of the CAR.

Section 2. (a) No person shall be elected regional governor unless he is a natural born citizen of the Philippines, and on the day of election is at least thirty-five (35) years of age, able to read and write, a registered voter in the region and an actual resident thereof for a period of not less than five (5) years immediately preceding the day of election.

(b) The regional governor shall be assisted by a Cabinet: Provided, That the members shall as far as practicable come from various provinces and city or cities within the CAR.

Section 3. There shall be a regional vice-governor who shall have the same qualifications and term of office and shall be elected in the same manner as the regional governor. The regional vice-governor shall be the presiding chairman of the Legislative Assembly.

Section 4. The regional governor and the regional vice-governor shall be elected by direct vote of the people of the autonomous region for a term of three (3) years which shall begin at noon on the thirtieth (30th) day of June next following the day of election and shall end at noon of the same date three (3) years thereafter.

No regional governor or regional vice-governor shall serve for more than three (3) consecutive terms. Voluntary renunciation of, or removal from, office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

The regular election for the regional governor and regional vice-governor shall be held on the second (2nd) Monday of May.

Section 5. The regional governor and the vice-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 Governor/Vice-governor of the Cordillera Autonomous Region, preserve and defend the Constitution of the Republic of the Philippines and the Organic Act of Cordillera Autonomous Region, execute its laws, do justice to all and consecrate myself to the service of the Cordillera. So help me God.”

(In case of affirmation, the last sentence will be omitted.)

Section 6. Unless otherwise provided by law or ordinance, the regional governor and regional vice-governor shall receive an annual salary equivalent to that of a department secretary and undersecretary respectively of the executive department of the national government which shall not be decreased during their tenure. No increase in the salary of the regional governor and regional vice-governor shall take effect until after the expiration of the term of the regional governor and regional vice-governor approving the same. They shall not receive during their tenure any other emoluments from the government or any other source.

Section 7. The regional governor shall be provided with an official residence by the Regional Assembly.

Section 8. If the regional governor-elect fails to qualify, the regional vice-governor-elect shall act as regional governor until a regional governor shall have been chosen and qualified.

If at the beginning of the term of the regional governor, the regional governor-elect shall have died or shall have been permanently disabled, the regional vice-governor-elect shall become the regional governor.

Where no regional governor and/or regional vice-governor shall have qualified, or where both have died or become permanently disabled, the majority floor leader and the next-in-rank officer of the Assembly shall act as regional governor and regional vice-governor respectively until such shall have been elected in a special election called for the purpose.

Section 9. For purposes of this article, a permanent vacancy arises when an incumbent elective regional official fills up a higher vacant office; refuses to assume office; fails to qualify, dies; is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office.

(a) If a permanent vacancy occurs in the office of the regional governor, the regional vice-governor shall become the regional governor;

(b) If a permanent vacancy occurs in the office of the regional vice-governor, the majority floor leader of the Assembly shall become the regional vice-governor;

(c) If a permanent vacancy occurs in both the offices of the governor and vice-governor, the majority floor leader and the next-in-rank officer of the Assembly shall act as governor and vice-governor, respectively; and

(d) The successors as defined herein shall serve only the unexpired terms of their predecessors.

Section 10. The regional governor shall not, during his tenure, hold any other office or employment except as otherwise provided in this Act. He shall not engage in the practice of any profession, or participate directly or indirectly in any contract with or in any franchise or special privilege granted by the regional government or any subdivision, agency or instrumentality thereof, including any government-owned or -controlled corporations or in any of their subsidiaries. The spouse and other relatives by consanguinity or affinity within the fourth civil degree of the regional governor shall not, during his tenure, be app