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Republic Acts

AN ACT TO ESTABLISH THE CORDILLERA AUTONOMOUS REGION

Republic Act No. 8438

Republic of the Philippines
Congress of the Philippines

Metro Manila

Tenth Congress


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...

PREAMBLE
The preamble declares the intent of the people of the Cordillera to establish an autonomous regional government to secure their rights, human development, and participation in national affairs.

TERRITORY AND PEOPLE
- The Cordillera Autonomous Region (CAR) is created, consisting of provinces and the city that vote favorably in a plebiscite (Sections 1-2).
- The term "Cordillerans" applies to Filipino citizens domiciled within the CAR territory (Section 3).

DECLARATION OF PRINCIPLES AND POLICIES
- The CAR is an integral part of the Philippines, governed by this Organic Act (Sections 1-2).
- Autonomy ensures the right to ancestral domain, economic development, cultural heritage, and self-governance (Section 2).
- Indigenous customs, traditions, and institutions are recognized (Section 3).
- The regional government shall ensure rights, welfare, and equitable sharing of resources (Sections 4-10).
- The regional government shall promote peace, development, education, youth, civilian authority, and transparency (Sections 11-17).
- The regional government shall adopt measures against poverty, monopolies, and harmful practices (Sections 18-23).

THE CORDILLERA AUTONOMOUS REGION
- The CAR is a territorial and political subdivision administered by the Regional Autonomous Government (Section 1).
- The regional government exercises powers and functions for governance and development (Section 2).
- The President exercises general supervision over the regional government (Section 3).
- The regional government is a corporate entity with jurisdiction over enumerated matters (Section 5).
- Cities within the CAR are governed primarily by their charters (Section 6).

THE REGIONAL LEGISLATIVE ASSEMBLY
- The legislative power is vested in the Cordillera Assembly (Section 1).
- The assembly's composition, election, and term limits are specified (Sections 2-4).
- Provisions for regular and special sessions, quorum, rules, and compensation are outlined (Sections 5-8).
- Restrictions on members' outside activities and conflicts of interest are established (Section 9).
- The assembly may conduct inquiries and must approve the regional budget (Sections 10-14).

THE REGIONAL EXECUTIVE DEPARTMENT
- The executive power is vested in an elected regional governor and vice-governor (Sections 1-4).
- Qualifications, oath, salary, residence, and succession provisions are specified (Sections 5-9).
- Restrictions on outside activities and conflicts of interest for officials are established (Sections 10-11).
- The governor appoints cabinet members and addresses the assembly (Sections 12-13).

LOCAL GOVERNMENT
- The territorial subdivisions are provinces, cities, municipalities, and barangays (Section 1).
- Local government units retain their autonomy and powers under the Local Government Code (Section 2).
- The regional government has general supervision over local governments (Section 3).

PATRIMONY, ECONOMY AND DEVELOPMENT
- The regional government shall initiate and facilitate development (Section 1).
- The regional development plan shall incorporate local priorities and environmental concerns (Sections 2-3).
- Provisions for natural resource management, reforestation, and community development (Sections 4-7).
- A Regional Planning and Development Board is established (Section 8).
- Provisions for small-scale mining, a regional development bank, infrastructure, and urban land reform (Sections 9-12).

SOURCES OF REVENUES AND OTHER FISCAL MATTERS
- The regional government can create sources of revenue and levy fees and charges (Section 1).
- Corporations pay taxes where they operate (Section 2).
- Sources of revenue include fees, national appropriations, natural resource shares, and grants (Section 3).
- The regional government can evolve economic agreements and trade compacts (Section 4).
- Donations for development projects are tax-deductible (Sections 5-6).
- The assembly can grant tax incentives or exemptions (Section 7).
- Provisions for foreign and domestic loans (Section 8).

AGRICULTURE, TRADE AND INDUSTRY, TOURISM AND COOPERATIVES
- The regional government shall promote agriculture, fisheries, and agricultural research (Sections 1-4).
- Provisions for micro, small, and medium industries, waste management, and capital flight prevention (Sections 5-7).
- The regional government may operate public utilities and prevent monopolies (Section 8).
- Measures against harmful inputs and for industrialization are mandated (Sections 9-10).
- Eco-tourism, economic zones, foreign investments, and cooperatives shall be promoted (Sections 11-15).

EDUCATION, SCIENCE AND TECHNOLOGY, LANGUAGE, ARTS AND CULTURE, AND SPORTS
- The regional government has legislative powers over educational policies and cultural matters (Section 1).
- Private educational institutions shall be protected and supported (Section 2).
- A scholarship program, teacher compensation, and indigenous education shall be established (Sections 3-7).
- Provisions for scientific research, intellectual property rights, regional language, and sports (Sections 8-12).

SOCIAL JUSTICE AND WELFARE
- The regional government commits to social justice and uplifting marginalized communities (Section 1).
- Provisions for worker rights, profit-sharing, health care, and persons with disabilities (Sections 2-5).
- Reintegration programs for rebel returnees, social security, and housing shall be enacted (Sections 6-8).
- Women's rights, participation, and support services shall be promoted (Sections 9-11).
- People's organizations shall be supported and accredited (Section 12).

PEACE AND ORDER
- The assembly shall enact measures to promote peace and order (Section 1).
- A Cordillera Regional Security Force and Regional Police Force shall be created (Sections 1-3).
- A Regional Command of the Armed Forces shall be established (Section 4).
- The governor may request the Armed Forces for law enforcement (Section 5).
- Indigenous structures for peace and order shall be recognized (Section 6).

GENERAL PROVISIONS
- The Act shall be promulgated in Filipino, English, and regional languages (Section 1).
- Residency requirements for public office are specified (Section 2).
- The region's name and symbols shall be adopted (Sections 3-4).

AMENDMENTS OR REVISIONS
- Amendments or revisions shall be proposed by Congress and ratified by plebiscite (Sections 1-2).

TRANSITORY PROVISIONS
- Provisions for the first election, transition, and oversight committee (Sections 1-7).
- The national government shall provide annual assistance for infrastructure and projects (Sections 8-9).
- Provisions for creating offices, plebiscite appropriations, and repealing inconsistent laws (Sections 10-13).

EFFECTIVITY
- The Act shall take effect 15 days after publication in national and local newspapers (Section 1).

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