REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES S. No. 2129
Third Regular Session } H. No. 7883
REPUBLIC ACT NO. 9054
AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC
ACT FOR THE AUTONOMOUS REGION IN MUSLIM
MINDANAO, AMENDING FOR THE PURPOSE REPUBLIC
ACT NO. 6734, ENTITLED "AN ACT PROVIDING FOR THE
AUTONOMOUS REGION IN MUSLIM MINDANAO," AS
AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
PREAMBLE
The people of the Autonomous Region in Muslim Mindanao, imploring the aid of Almighty God, in order to develop a just and humane society and establish a Regional Autonomous Government
that is truly reflective of their ideals and aspirations within the framework of the Constitution and national sovereignty, as well as the territorial integrity of the Republic of the Philippines, and to secure to themselves and their posterity the blessings of
autonomy, democracy, peace, justice and equality, do ordain and promulgate this Organic Act through the Congress of the Philippines.
ARTICLE I
Name and Purpose
SECTION 1. The name of the Autonomous Region shall be the Autonomous Region in Muslim Mindanao unless provided otherwise by the Regional Assembly. The Autonomous Region in Muslim Mindanao shall be governed by the Regional Government.
ARTICLE II
THE AUTONOMOUS REGION
Area and Seat of Government
SECTION 1. Expanded Autonomous Region. –
(1) The Autonomous Region in Muslim Mindanao which, under the provisions of Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, is composed of the four provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi, is hereby expanded to include the provinces and cities, enumerated hereunder, which vote favorably to be included in the expanded area of the autonomous region and for other purposes, in a plebiscite called for that purpose in accordance with Section 18,
Article X of the Constitution.
The new area of autonomy shall then be determined by the provinces and cities that will vote/choose to join the said autonomy. It is understood that Congress may by law which shall be
consistent with the Constitution and in accordance with the provisions of Republic Act No. 7160, the Local Government Code of 1991, provide that clusters of contiguous-Muslim-dominated
municipalities voting in favor of autonomy be merged and constituted into a new province(s) which shall become part of the new Autonomous Region.
(2) Plebiscite Coverage. The plebiscite shall be conducted in the provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan, Sarangani, South
Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte, Zamboanga del Sur and the newly created Province of Zamboanga Sibugay, and (b) in the cities of Cotabato, Dapitan,
Dipolog, General Santos, Iligan, Kidapawan, Marawi, Pagadian, Puerto Princesa, Digos, Koronadal, Tacurong and Zamboanga.
(a) PLEBISCITE QUESTION FOR VOTERS OF THE FOUR ORIGINAL PROVINCES OF THE AUTONOMOUS
REGION. For the voters of the provinces of Maguindanao, Lanao del Sur, Sulu and Tawi-Tawi which are already members of the autonomous region under the provisions of Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, the question to be asked in the plebiscite of the voters therein shall be as follows: Do you vote in favor of the amendments to Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, as proposed under this Organic Act, which includes, among other things, the expansion of the area of the autonomous region?
(b) PLEBISCITE QUESTION FOR THE VOTERS OF THE PROVINCES AND CITIES PROPOSED FOR INCLUSION
IN THE EXPANDED AUTONOMOUS REGION. For the voters of the provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Palawan, Sarangani, South Cotabato, Sultan Kudarat, Zamboanga del Norte, Zamboanga del Sur, and the newly created Province of Zamboanga Sibugay, and the cities of Cotabato, Dapitan, Dipolog, Digos, Koronadal, Tacurong, General Santos, Iligan, Kidapawan, Marawi, Pagadian, Puerto Princesa, and Zamboanga, which compose the provinces and cities that are proposed for inclusion in the expanded area of the autonomous region, the question to be asked in the plebiscite of the voters therein shall be as follows: Do you vote in favor of the inclusion of your province or city in the Autonomous Region in Muslim Mindanao?
SEC. 2. Results of the Plebiscite. –
(a) In the four provinces. If the majority of the voters of the four provinces of Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi vote in favor of the abovementioned proposed amendments, the amendments are deemed ratified. Otherwise, the amendments are deemed rejected except as regards the inclusion of the provinces and cities that vote for their inclusion in the autonomous region as provided in this Organic Act, in which case, the said provinces and cities shall become members of the autonomous region.
(b) In the provinces or cities proposed for inclusion in the expanded area of the autonomous region. A majority of the votes cast in the plebiscite in every province or city in favor of the inclusion of the province or city as members of the expanded area of the autonomous region as provided in this Organic Act shall effect their membership in the autonomous region.
SEC. 3. Seat of Autonomous Government. – The regional legislative assembly, hereinafter referred to as the Regional Assembly, shall by law, fix the permanent seat of government of
the regional government in any province or city that is a member of the autonomous region, taking into consideration accessibility and efficiency in which its mandate may be carried out under this Organic Act.
Until the seat of the regional government is transferred as provided above, its provisional seat shall be in Cotabato City. The Regional Assembly elected after the plebiscite mentioned in this Organic Act, shall, within its term, identify the site of the permanent seat of the regional government. The central government which shall also mean the national government shall
appropriate funds for the transfer of the provisional seat to its permanent site as determined by the Regional Assembly.
ARTICLE III
Guiding Principles and Policies
SECTION 1. Integral Part of the Republic. – The Autonomous Region in Muslim Mindanao shall remain an integral and inseparable part of the national territory of the Republic as defined by the Constitution and existing laws. The autonomous region shall be governed and administered
in accordance with the laws enacted by the Regional Assembly and by this Organic Act.
SEC. 2. Peaceful Settlement of Conflicts. – The Regional Autonomous Government shall adopt the policy of settlement of conflicts by peaceful means, and renounce any form of lawless
violence as an instrument of redress.
SEC. 3. Devolution of Powers. – The regional government shall adopt a policy on local autonomy whereby regional powers shall be devolved to local government units particularly in areas
of education, health, human resource, science and technology and people empowerment. Until a law implementing this provision is enacted by the Regional Assembly, Republic Act No. 7160, the
Local Government Code of 1991, shall continue to apply to all the provinces, cities, municipalities, and barangay within the autonomous region.
The Regional Assembly may not pass any law to diminish, lessen, or reduce the powers, functions, and shares in the internal revenue taxes of the said local government units as provided by Republic Act No. 7160, the Local Government Code of 1991.
SEC. 4. Charters Govern Cities. – All chartered cities within the autonomous region shall continue to be governed by their charters. Nothing in this Organic Act shall be construed as to
diminish the powers and functions already enjoyed by these cities.
SEC. 5. Customs, Traditions, Religious Freedom Guaranteed. – The beliefs, customs, and traditions of the people in the autonomous region and the free exercise of their religions
as Muslims, Christians, Jews, Buddhists, or any other religious denomination in the said region are hereby recognized, protected and guaranteed.
The Regional Assembly shall adopt measures to ensure mutual respect for and protection of the distinct beliefs, customs, and traditions and the respective religions of the inhabitants thereof, be they Muslims, Christians, Jews, Buddhists, or any other religious denomination. The Regional Assembly, in consultation with the Supreme Court and consistent with the Constitution, may formulate a Shari'ah legal system including the criminal cases, which shall be applicable in the region, only to Muslims or those who profess the Islamic faith. The representation of the regional government in the various central government or national government bodies as provided for by Article V, Section 5 shall be effected upon approval of the measures herein provided.
The Shari'ah courts shall have jurisdiction over cases involving personal, family and property relations, and commercial transactions, in addition to their jurisdiction over criminal cases
involving Muslims.
The Regional Assembly shall, in consultation with the Supreme Court, determine the number and specify the details of the jurisdiction of these courts.
No person in the autonomous region shall be subjected to any form of discrimination on account of creed, religion, ethnic origin, parentage or sex.
The regional government shall ensure the development, protection, and well-being of all indigenous tribal communities.
Priority legislation in this regard shall be enacted for the benefit of those tribes that are in danger of extinction as determined by the Southern Philippines Cultural Commission.
SEC. 6. Filipino and Islamic Values In Educational
Policies. – The regional government shall adopt educational policies that shall perpetuate Filipino and Islamic values and ideals and the just aspirations of the Bangsa Moro with due respect to the beliefs, customs, traditions, and religions of the other non-Muslim inhabitants of the region be they Christians, Jews, Buddhists, or of any other religious denomination.
SEC. 7. Improving Status of the Marginalized. – The regional government shall devote its resources to the improvement of the well-being of all its constituents, particularly the
marginalized, deprived, disadvantaged, underprivileged, disabled, and the elderly.
SEC. 8. Regional Government Authority Over Natural Resources. – Subject to the provisions of the Constitution and this Organic Act, the Regional Government shall have the authority, power, and right to explore, develop and utilize the natural resources, including surface and sub-surface rights, inland and coastal waters, and renewable and non-renewable resources in the autonomous region. Muslims and the other indigenous cultural communities shall, however, have priority rights to explore, develop and utilize the said resources in the areas designated as parts of their respective ancestral domains.
SEC. 9. Preferential Rights of Inhabitants and Their Safeguards. – The autonomous region shall provide manpower training programs, create livelihood and job opportunities, allocate
equitable preferential rights to its inhabitants, and adopt laws that will safeguard the rights of workers.
SEC. 10. Protection of Women and Children. – The Regional Government shall uphold and protect the fundamental rights of women and children including the right of women to engage in lawful employment. Women and children, especially orphans of tender age, shall be protected from exploitation, abuse or discrimination.
SEC. 11. Enhancement of Quality of Life. – The Regional Government shall provide, maintain, and ensure the delivery of, among other things, basic and responsive health programs,
quality education, appropriate services, livelihood opportunities, affordable and progressive housing projects, and water resource development.
It shall maintain appropriate disaster-preparedness units for immediate and effective relief services to victims of natural and man-made calamities. It shall also ensure the rehabilitation
of calamity areas and victims of calamities.
SEC. 12. Progressive Tax System. – The Regional Assembly shall adopt an efficient and progressive system of taxation which, among other things, shall provide incentives for the prompt payment of taxes and penalize tax evasion and delinquency.
SEC. 13. Equitable Share In National Budget and Development Assistance. – The central government or national government shall provide the autonomous region a proportionate
and equitable share in the annual national budget and foreign assisted projects in addition to other financial assistance, support, and subsidies to accelerate its development. Whenever the
Commission on Audit finds that the internal controls set up in the region are inadequate, it may require pre-audit and shall likewise conduct seminars in the communities concerned
explaining the benefits and proper use of internal revenue allotments.
SEC. 14. Rights to Initiatives, Consultations, Referenda and Plebiscites. – Without prejudice to other rights guaranteed by the Constitution, the rights of the people of the autonomous
region to initiate measures for the passage, amendment or repeal of regional or local legislation; to be consulted on matters that affect their environment; to call for a referendum on important issues affecting their lives; and, to recall regional or local officials as provided by Republic Act No. 7160, the Local Government Code of 1991, are hereby recognized.
The Regional Assembly shall enact priority legislation to define such rights. Until such priority legislation is enacted, existing laws shall govern the exercise of the rights mentioned above.
SEC. 15. Fundamental Rights and Duties of People. – The fundamental rights and duties of the people in the autonomous region are those defined in the Constitution and this Organic
Act, the Geneva Convention, the United Nations Charter, the United Nations Declaration on the Rights of Indigenous Communities, the International Declaration on Human Rights, as well as those prescribed in all the laws, practices, and principlesbinding upon members of the community of nations.
SEC. 16. Human Rights Commission. – There is hereby created a Regional Human Rights Commission. The chair and two commissioners of the commission shall be appointed by the
President upon recommendation of the Regional Governor. The composition of the commission shall reflect the ethnic distribution of the population of the autonomous region. The chair shall be a lawyer and shall be a resident of the autonomous region. The two commissioners shall, preferably, be lawyers or, at least, holders of bachelor degrees from colleges or universities recognized by the Department of Education, Culture and Sports of the central
government or national government.
The Regional Human Rights Commission shall perform within the autonomous region, the functions of the commission on human rights of the central government or national government. Decisions of the commission may be appealed to the Court of Appeals on questions of law.
Initially, the Regional Assembly shall fix the salaries, perquisites and privileges of the chair and the commissioners of the Commission at a level not lower than those fixed for the chair and members of the National Labor Commission.
The Commission may provide additional functions to enhance and protect the human rights of all the people in the autonomous region.
Thereafter, subject to availability of funds, the Regional Assembly may raise the salaries, perquisites, and privileges of the chair and commissioners.
SEC. 17. Environmental Protection and Sustainable Development. – The protection, rehabilitation, and the sustainable development of forests, coastal, and marine resources, including the adoption of programs and projects to ensure the maintenance of ecological balance, shall be given priority.
ARTICLE IV
Powers of Government
SECTION 1. Powers and Functions. – Subject to the provisions of the Constitution, the Regional Government shall exercise those powers and functions expressly granted to it in this Organic Act, or necessary for or incidental to the proper governance and development of all the constituent units within the autonomous region consistent with the policy on regional and
local autonomy and decentralization.
The Regional Government may enact its own regional administrative code and regional local government code consistent with the Constitution. The powers and functions already vested
upon and the shares of the national taxes provided by Republic Act No. 7160, the Local Government Code of 1991, to provinces, cities, municipalities, and barangay in the autonomous region shall not be reduced.
SEC. 2. Corporate Entity. – The autonomous region is a corporate entity with jurisdiction over all matters devolved to it by the Constitution and this Organic Act.
SEC. 3. Scope of Regional Assembly Legislative Power; Exceptions. – The Regional Assembly may exercise legislative power in the autonomous region for the benefit of the people and for the development of the region except on the following matters:
(a) Foreign affairs;
(b) National defense and security;
(c) Postal service;
(d) Coinage and fiscal and monetary policies;
(e) Administration of justice. It may, however, legislate on matters covered by the Shari'ah. The Shari'ah shall apply only to Muslims. Its application shall be limited by pertinent
constitutional provisions, particularly by the prohibition against cruel and unusual punishment and by pertinent national legislation that promotes human rights and the universally
accepted legal principles and precepts;
(f) Quarantine;
(g) Customs and tariff;
(h) Citizenship;
(i) Naturalization, immigration and deportation;
(j) General auditing;
(k) National elections;
(l) Maritime, land and air transportation, and communications. The autonomous government shall, however, have the power to grant franchises, licenses and permits to land, sea and air transportation plying routes in the provinces or cities within the region, and communications facilities whose frequencies are confined to and whose main offices are located within the
autonomous region;
(m) Patents, trademarks, trade names, and copyrights; and
(n) Foreign trade.
SEC. 4. General Welfare Powers. – Notwithstanding the limitations on the powers of the Regional Assembly as stated above, it may enact laws that promote the general welfare of the people of the autonomous region.
SEC. 5. Representation in Central Government or National Government Departments, Offices. – As far as practicable, the autonomous region shall be represented in the departments, offices,
commissions, agencies, and bureaus of the central government or national government that implement and enforce policies, programs and projects of the central government or national
government in the region.
SEC. 6. Eminent Domain. – The Regional Government may exercise the power of eminent domain.
ARTICLE V
Inter-Governmental Relations
SECTION 1. General Supervision of the President Over the Regional Governor. – Consistent with the Constitution and basic policy on local autonomy, the President of the Republic shall
exercise general supervision over the Regional Governor to ensure that his or her acts are within the scope of his or her powers and functions.
The power of supervision of the President over the provincial governors and the mayors of the highly urbanized cities shall be exercised through the Regional Governor; over the mayors of the component cities and municipalities, through the provincial governor, and over the punong barangay, through the city or municipal mayor.
In addition to other acts which he or she may impose under the Constitution and this Organic Act, the President may suspend, reduce, or cancel the financial blocks or grants-in-aid, funds for infrastructure, and other forms of assistance intended for the autonomous region (1) if the regional government fails to account for the funds and financial assistance released to it by the central government or national government, within one month from the end of every quarter in which the funds and financial assistance had been released or (2) when measures for the protection and enhancement of the civil, human, political or religious rights of
the lumads, Christians and other minorities in the autonomous region ordained by the Constitution and this Organic Act, are not respected or are violated or are not implemented within one (1) year from its enactment.
The President may suspend the Regional Governor for a period not exceeding six (6) months for willful violation of the Constitution, this Organic Act or any existing law that applies to
the autonomous region.
SEC. 2. Cabinet Membership. – As far as practicable, it shall be the policy of the national government that there shall be at least one (1) member of the cabinet with a rank of a department secretary who is an inhabitant of the autonomous region to be recommended by the Regional Governor in consultation with elected officials and concerned sectors of the autonomous region.
SEC. 3. Shari'ah and Tribal Courts; Coordination With Central Government or National Government. – The Regional Government shall maintain close coordination with the central
government or national government for an effective administration of justice in the autonomous region.
SEC. 4. Representation of Autonomous Region in General in the Central Government or National Government. – Representation of the inhabitants of the autonomous region in the central government or national government may be done by appointment or election. Appointment of inhabitants of the autonomous region to positions in the central government or national government shall be subject to central government or national government standards and guidelines. Such appointment shall be made only upon recommendation by the Regional Governor after consultation with the Regional Assembly and the concerned sectors of the autonomous region.
Right of representation shall not be construed in such a way that applicants from the autonomous region, especially Muslims and cultural communities, for lower positions in the
above organs of the government cannot be appointed anymore thereto.
Election of legislators to represent the autonomous region in the Congress of the Republic shall be done pursuant to the rules of the Commission on Elections.
SEC. 5. Representatives in Executive Departments and Constitutional Bodies. – At least, one (1) qualified inhabitant of the autonomous region recommended by the Regional Governor
consultation with the Regional Assembly and concerned sectors of the autonomous region shall be appointed, as far as practicable, in each of the departments, offices or bureaus and constitutional bodies of the central government or national government that deal with the autonomous region, in primarily confidential, highly technical, or policy-determining positions.
SEC. 6. Ex Officio Member of the National Security Council. – The Regional Governor shall be an ex officio member of the National Security Council on matters concerning the autonomous region and such other matters as may be determined by the President.
SEC. 7. Representatives in Government-Owned or -Controlled Corporations. – The Regional Government shall be represented in the board of directors or in the policy-making bodies
of government-owned or -controlled corporations that operate businesses directly or through their subsidiaries in the autonomous region.
ARTICLE VI
The Legislative Department
SECTION 1. Regional Assembly. – The legislative power of the autonomous government shall be vested in the Regional Assembly except to the extent that it is reserved to the people by
provisions on initiative and referendum as provided by law.
SEC. 2. Election of Regional Assembly. – The Regional Assembly shall be composed of Members elected by popular vote, with three (3) members elected from each of the legislative
districts.
SEC. 3. Sectoral Representatives. – There shall be sectoral representatives in the Regional Assembly whose number shall not exceed fifteen percent (15%) of the total number of elected
members of the Regional Assembly coming from the agricultural, labor, urban poor, disabled, indigenous cultural communities, youth, and women sectors. The Regional Assembly may enact
legislation to provide for the representation of other sectors. The youth representative shall not be less than eighteen (18) years of age nor more than twenty-one (21) years of age at the time of his or her assumption to office.
The sectoral representatives shall be entitled to the same salary and allowances and rights and privileges enjoyed by the regularly elected members of the Regional Assembly. They shall
be elected on the same date as that fixed for the election of the members of the Regional Assembly.
SEC. 4. Term of Office. – The members of the Regional Assembly, including the sectoral representatives, shall have a term of three (3) years which shall begin, at noon on the 30th day of September next following the day of the election and shall end at noon of the same date three (3) years thereafter.
No member of the Regional Assembly shall serve 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.
SEC. 5. Filling of Vacancy. – In case of vacancy in the Regional 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. The member elected shall serve only for the unexpired term.
SEC. 6. Qualifications of Members of Regional Assembly. – No person shall be a member of the Regional Assembly unless he or she is:
(1) A natural-born citizen of the Philippines;
(2) At least twenty-one (21) years of age on the day of the election;
(3) Able to read and write;
(4) A registered voter of the district in which he or she shall be elected on the day he or she files his or her certificate of candidacy; and
(5) A resident thereof for a period of not less than five (5) years immediately preceding the day of the election.
SEC. 7. Oath of Office. – Every member of the Regional Assembly shall take an oath or affirmation of allegiance to the Republic, renounce the use of violence, and commit himself or
herself to democratic means in the pursuit of the ideals and aspirations of the people of the autonomous region before taking his or her seat.
SEC. 8. Salaries. – Unless otherwise provided by the Regional Assembly, a member of the Regional Assembly shall receive an annual salary of One hundred eighty thousand pesos
(P180,000) except the Speaker of the Regional Assembly who shall receive an annual salary of Two hundred thousand pesos (P200,000), subject to the Salary Standardization Law.
The annual compensation of the Speaker and Members of the Regional Assembly may be increased by the Regional Assembly in accordance with existing laws on position classification and
compensation of the central government or national government.
The increase shall, however, not take effect until after the expiration of the terms of office of the members of the assembly who had approved the increase. The increase shall be funded solely from revenue raised by the Regional Government. No funds or parts thereof provided by the central government or national government for the Regional Government shall be used for
salaries, honoraria, per diems or to increase the salaries, honoraria or per diems of the officials or employees of the Regional Government.
They shall not receive during their tenure other emoluments from the Regional Government or from the central government or national government.
SEC. 9. Forfeiture of Seat. – Any member of the Regional Assembly who accepts an appointment and qualifies for any position in the government, including government-owned or -controlled corporations or institutions and their subsidiaries, shall automatically forfeit his or her seat in the Regional Assembly.
SEC. 10. Disclosure of Financial or Business Interests. – All members of the Regional 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 upon the filing thereof.
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 Regional Assembly, without prejudice to his or
her other liabilities under pertinent legislation.
SEC. 11. Prohibited Acts for Members of the Regional Assembly. – No member of the Regional Assembly may personally appear as counsel before courts of justice or quasi-judicial and
other administrative bodies. Neither shall the member, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the central government or national government or by the regional government, or any subdivision, agency or instrumentality thereof, including any government-owned or -controlled corporation or its subsidiary, during his or her term of office. The member shall not intervene in any manner before any office of the government for his or her pecuniary benefit or where he or she may be called upon to act on account of his or her office.
SEC. 12. Parliamentary Immunity. – Any member of the Regional Assembly who commits offenses within the jurisdiction of the autonomous region punishable by not more than six (6) years imprisonment, shall be privileged from arrest while the Regional Assembly is in session. No member of the Regional Assembly shall be questioned or be held liable in any other place for any speech or debate in the assembly or in any of its committees.
SEC. 13. Rules of Procedure; Discipline of Members and Civil Service Rules. – The Regional Assembly shall adopt its own rules of procedure by a majority vote of all its members including
the selection of members of its standing committees and for the suspension or expulsion of its members. The Regional Assembly shall elect from among its members a speaker and such other officers as the rules may provide. The Speaker shall appoint the personnel of the Regional Assembly. All qualified applicants shall have equal opportunity for employment with the regional government. Inhabitants of the autonomous region shall, however, have preference for appointment to any position in the regional government without regard to ethnic origin, culture, sex, creed and religion. For a period not exceeding six (6) years from the date of the approval of this Organic Act, appointments to the various positions in the Regional Government shall be subject to the Civil Service law, rules, and regulations of the central government or national government. Thereafter, the Civil Service law, rules and regulations adopted by the Regional Government shall apply to all such appointments. If no Civil Service law, rules or regulations are adopted by the Regional Government, appointments to positions in the Regional Government shall continue to be governed by the Civil Service law, rules, and regulations of the central government or national government.
A majority of all the members of the Regional 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 a manner and under such penalties as the assembly may provide. The Regional Assembly or any of its committees may conduct inquiries or public consultations in aid of legislation in accordance with its rules. In connection therewith, it shall have the power to issue subpoena or subpoena duces tecum to compel the attendance of and the production of papers, documents, or things by witnesses or persons under investigation by the assembly, itself, or by any of its committees. It shall also have the right to cite witnesses or persons under investigation for contempt for refusal to testify before it or before any of its committees or to produce papers, documents or things required by the assembly or any of its committees. The rights of persons appearing in or affected by such inquiries shall be respected.
The Regional Assembly shall keep a journal of its proceedings and a record of its caucuses and meetings. The record and books of accounts of the assembly shall be preserved and open to public scrutiny.
The Commission on Audit of the Regional Government shall publish an annual report of the itemized list of expenditures incurred by the members of the Regional Assembly within sixty (60) days from the end of every regular session.
SEC. 14. Questioning Cabinet Members and Other Officials. – The Regional Assembly may, in aid of legislation and with the express consent of the Regional Governor, require the presence of the regional cabinet members or their deputies as its rules shall provide, for questioning on matters falling within the scope of their powers and functions.
The Regional Assembly may require any regional commission, office, or agency of the central government or national government with offices in the autonomous region to explain matters relating to the exercise of its powers and functions.
SEC. 15. Regular and Special Sessions. – Except as provided by its rules, the Regional Assembly shall meet in open session. Regular sessions shall commence on the 4th Monday of October and shall continue to be in session for such number of days as may be determined by the assembly until thirty (30) days before the opening of its next regular session exclusive of Saturdays, Sundays, and legal holidays.
The Regional Assembly may meet in special sessions at the request of one-third (1/3) of all its Members or by call of the Regional Governor. The special session shall have a specific agenda.
SEC. 16. Passage of Bills. – No bill shall become a law of regional application unless it has passed three (3) readings on separate days and printed copies thereof in its final form have been distributed to its members three (3) days before its passage, except when the Regional Governor certifies to the necessity of its immediate enactment to meet a public calamity or emergency.
SEC. 17. Approval of Bills and Overriding of Veto. – Every bill passed by the Regional Assembly, shall, before it becomes a law, be presented to the Regional Governor. If the Regional Governor approves the bill, he or she shall sign it; otherwise, he or she shall veto it on the ground that it is ultra-vires or it is against public policy and return it with his or her objections to the Regional Assembly. The Regional Assembly shall, thereafter, enter the objections at large in its journal and may proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of all the Members of the Regional Assembly shall agree to pass the bill, it shall become a law. In such cases, the vote shall be determined by yeas and nays, and the names of the members voting for or against shall be entered in the journal. The Regional Governor shall communicate his veto of any bill to the Regional Assembly within thirty (30) days after the date of its receipt; otherwise, it shall become a law as if he had signed it.
SEC. 18. Submittal of Bills to the President and Congress. – The Speaker of the Regional Assembly shall within ten (10) working days from their approval thereof, submit to the President and to both Houses of Congress a certified true copy of all laws and resolutions approved by the Regional Assembly.
SEC. 19. Creation, Division or Abolition of Provinces, Cities, Municipalities or Barangay. – The Regional Assembly may create, divide, merge, abolish, or substantially alter boundaries of provinces, cities, municipalities, or barangay in accordance with the criteria laid down by Republic Act No. 7160, the Local Government Code of 1991, subject to the approval by a majority of the votes cast in a plebiscite in the political units directly affected. The Regional Assembly may prescribe standards lower than those mandated by Republic Act No. 7160, the Local Government Code of 1991, in the creation, division, merger, abolition, or alteration of the boundaries of provinces, cities, municipalities, or barangay. Provinces, cities, municipalities, or barangay created, divided, merged, or whose boundaries are altered without observing the standards prescribed by Republic Act No. 7160, the Local Government Code of 1991, shall not be entitled to any share of the taxes that are allotted to the local government units under the provisions of the Code.
The financial requirements of the provinces, cities, municipalities, or barangay so created, divided, or merged shall be provided by the Regional Assembly out of the general funds of
the Regional Government.
The holding of a plebiscite to determine the will of the majority of the voters of the areas affected by the creation, division, merger, or whose boundaries are being altered as required by Republic Act No. 7160, the Local Government Code of 1991, shall, however, be observed.
The Regional Assembly may also change the names of local government units, public places and institutions, and declare regional holidays.
SEC. 20. Annual Budget and Infrastructure Funds. – The annual budget of the Regional Government shall be enacted by Regional Assembly. Funds for infrastructure in the autonomous
region allocated by the central government or national government shall be appropriated through a Regional Assembly Public Works Act.
Unless approved by the Regional Assembly, no public works funds allocated by the central government or national government for the Regional Government or allocated by the Regional
Government from its own revenues may be disbursed, distributed, realigned, or used in any manner.
ARTICLE VII
The Executive Department
SECTION 1. Executive Power. – The executive power shall
be vested in a Regional Governor. He shall be elected by the
qualified voters of the autonomous region.
SEC. 2. Regional Governor and Cabinet Members. – The
Regional Governor shall be the chief executive of the Regional
Government. He shall be assisted by a cabinet not exceeding ten
(10) members, at least six (6) of whom shall come from indigenous
cultural communities. The representatives of the indigenous
cultural communities in the cabinet shall 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 appointments.
The Regional Governor shall appoint the members of the
cabinet subject to confirmation by the Regional Assembly.
SEC. 3. Qualifications of Regional Governor and Regional
Vice Governor. – No person may be elected Regional Governor or
Regional Vice Governor of the autonomous region unless he or
she is a natural-born citizen of the Philippines, a registered voter
of the autonomous region, able to read and write, at least, thirtyfive
(35) years of age on the day of the election, and a resident of
the autonomous region for, at least, one (1) year immediately
preceding the election.
SEC. 4. Election of Regional Governor and Regional Vice
Governor. – The Regional Governor and the Regional Vice
Governor shall be elected as a team by the qualified voters of the
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autonomous region. A vote for a candidate for Regional Governor
shall be counted as a vote for his team mate for Regional Vice
Governor. A vote for a Regional Vice Governor shall be counted
as a vote for his teammate for Regional Governor. For purposes of
their election, the candidates for Regional Governor and Regional
Vice Governor shall belong to the same political party or coalition
of parties. The Commission on Elections shall promulgate the
necessary rule or rules to give effect to this provision of law.
SEC. 5. Regional Vice Governor Appointment to or
Removal from the Cabinet. – The Regional Vice Governor may
be appointed by the Regional Governor as a member of the regional
cabinet without need of confirmation by the Regional Assembly.
He may be removed from office in the same manner as the
Regional Governor.
SEC. 6. Executive Council; Deputy Regional Governors. –
The Regional Governor shall appoint three (3) deputies each
representing the Christians, indigenous cultural communities,
and the Muslims in the region. The Regional Governor, the
Regional Vice Governor, and the three (3) deputies shall comprise
the executive council of the autonomous government. The executive
council shall advise the Regional Governor on matters of
governance of the autonomous region. The three deputies shall
be ex officio members of the regional cabinet with or without
portfolio. The Regional Governor may assign powers and functions
to the executive council to promote the general welfare of the
people of the autonomous region subject to the laws enacted by
the Regional Assembly.
Unless sooner removed by the Regional Governor, the term
of office of a deputy Regional Governor shall be co-terminus with
the term of office of the Regional Governor who appointed him or
her.
SEC. 7. Terms of Office of Elective Regional Officials. –
(1) Terms of Office. The terms of office of the Regional Governor,
Regional Vice Governor and members of the Regional Assembly
shall be for a period of three (3) years, which shall begin at noon
on the 30th day of September next following the day of the election
and shall end at noon of the same date three (3) years thereafter.
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The incumbent elective officials of the autonomous region shall
continue in effect until their successors are elected and qualified.
(2) Term limits. No Regional Governor, Regional Vice
Governor, or member of the Regional 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 an interruption in the continuity of the service for the
full term for which he or she was elected.
The term limits in Republic Act No. 7160, the Local
Government Code of 1991, shall apply to the governors of provinces
and mayors of cities, municipalities, and punong barangay in the
autonomous region.
SEC. 8. Oaths or Affirmations of Office of the Regional
Governor and Regional Vice Governor. – Before they enter on
the execution of their office, the Regional Governor and the Regional
Vice Governor shall take the following oath or affirmation: "I do
solemnly swear (or affirm) that I will faithfully and conscientiously
fulfil my duties as the Regional Governor (or the Regional Vice
Governor) of the Regional Government of the Autonomous Region
in Muslim Mindanao, preserve and defend the Constitution of the
Republic, this Organic Act, the national and regional laws, do
justice to every man, consecrate myself to the service of the
autonomous region and the nation, renounce the use of violence
and commit myself to democratic means in the pursuit of the
ideals and aspirations of the people of the autonomous region. So
help me God." (In case of affirmation, last sentence will be omitted.)
SEC. 9. Compensation of Regional Governor and Vice
Governor. – Unless otherwise provided by the Regional Assembly,
the annual compensation of the Regional Governor and Regional
Vice Governor shall be Two hundred fifty thousand pesos
(P250,000) and Two hundred thirty thousand pesos (P230,000),
respectively subject to the Salary Standardization Law. The
compensations may be increased or decreased by the Regional
Assembly subject to the existing laws on position classification
and compensation. The increase or decrease of their salaries
shall, however, not take effect until after their term of office during
which the increase or decrease was enacted by the Regional
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Assembly shall have ended. They shall not receive during their
tenure any other emoluments from the central government or
national government or Regional Government or from any central
or regional government-owned or -controlled corporations or firms.
No funds or parts thereof provided by the central
government or national government for the Regional Government
shall be used for salaries, honoraria, per diems, or to increase
the salaries, honoraria, or per diems of the Regional Governor,
Regional Vice Governor, members of the Regional Assembly, or
employees of the Regional Government.
SEC. 10. Regional Governor Housing and Travel
Allowances. – The Regional Governor shall be provided with a
reasonable housing allowance by the Regional Assembly. When
the Regional Governor travels outside the autonomous region, he
shall be provided with reasonable travel and accommodation
allowances at rates not less than what is granted to the members
of the cabinet of the central government or national government.
SEC. 11. Succession to Regional Governorship in Cases
of Permanent Vacancy. – In case of death, permanent disability,
removal from office, or resignation of the Regional Governor, the
Regional Vice Governor shall become the Regional Governor who
shall serve for the unexpired term of the former. In case of death,
permanent disability, removal from office, or the resignation of
both the Regional Governor and the Regional Vice Governor, the
Speaker of the Regional Assembly shall act as Regional Governor
until the Regional Governor and Regional Vice Governor are elected
and qualified in a special election called for the purpose.
Upon his assumption as acting Regional Governor, the
Speaker of the Regional Assembly shall temporarily vacate his
position as such and an interim speaker shall be elected. Upon
the election and assumption of office of a new Regional Governor,
the Speaker shall reassume his office.
No special election shall be called to fill a vacancy occurring
within one (1) year immediately preceding the next regular
election.
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SEC. 12. Succession to Regional Governorship in Cases
of Temporary Incapacity. – In case of temporary incapacity of
the Regional 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 Regional Vice Governor, or if there be none or in
case of his permanent or temporary incapacity or refusal to assume
office, the Speaker of the Regional Assembly shall exercise the
powers, duties and functions of the Regional Governor as prescribed
by law enacted by the Regional Assembly or in the absence,
thereof, by the pertinent provisions of Republic Act No. 7160, the
Local Government Code of 1991.
SEC. 13. Removal of Regional Governor or Regional Vice
Governor. – The Regional Governor or the Regional Vice Governor
may be removed from office for culpable violation of the
Constitution or 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 Regional
Assembly.
The proceedings of the Regional Assembly for the removal
of the Regional Governor or Regional Vice Governor shall be
presided over by the Presiding Justice of the Court of Appeals.
The Regional Assembly may initiate moves for the removal of the
Regional Governor or the Regional Vice Governor under this Section
by a majority vote of all its members. The Regional Assembly
shall promulgate the necessary rules to carry out the purposes of
this Section.
The Regional Governor may also be suspended or removed
by the President for culpable violation of the Constitution, treason,
bribery, graft and corruption, and other high crimes.
Notwithstanding the provisions of the immediately
preceding paragraphs, the Regional Governor or the Regional Vice
Governor may be charged criminally for any offense before the
proper regional trial court. The said court may order his or her
preventive suspension from office for not more than two (2) months
pending the termination of the criminal case or cases. The court
26
may also order the removal of the Regional Governor or Regional
Vice Governor from office as a part of its decision of conviction.
SEC. 14. Recall of Regional Governor, Regional Vice
Governor or Members of Regional Assembly. – The Regional
Governor, the Regional Vice Governor or members of the Regional
Assembly may be recalled only once during their respective terms
of office for loss of confidence.
The Regional Assembly shall provide the procedure and
system whereby such recall can be made.
No recall shall take place within one (1) year from the date
of the assumption of office of the official concerned or one (1) year
immediately preceding a regional election. In the absence of the
procedure and system of recall enacted by the Regional Assembly,
the procedure and system of such recalls shall be governed by the
provisions of Republic Act No. 7160, the Local Government Code
of 1991.
SEC. 15. Punishment for Disorderly Behavior. – Upon the
recommendation of the proper committee, the Regional Assembly
may punish its members for disorderly behavior. With the
concurrence of the majority of its members, the Regional Assembly
may admonish, reprimand, or censure an erring member. With
the concurrence of two-thirds (2/3) of all its members, it may
suspend or expel such erring member. The penalty of suspension
shall not exceed sixty (60) days.
SEC. 16. Prohibition Against Holding of Other Offices or
Conflict of Interests. – The Regional Governor, the Regional Vice
Governor, the members of the cabinet or their deputies shall not
hold any other office or employment during their tenure. They
shall not, during said tenure, directly or indirectly, practice any
other profession, participate in any business, or be financially
interested in any contract with, or in any franchise or special
privilege granted by the government or any subdivision, agency,
or instrumentality thereof, including government-owned or
-controlled corporations or their subsidiaries. They shall strictly
avoid conflicts of interest in the conduct of their office.
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The spouses and relatives by consanguinity or affinity
within the fourth civil degree respectively of the Regional Governor,
the Regional Vice Governor, the members of the cabinet, or their
deputies shall not, during their 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.
SEC. 17. Appointments by Acting Regional Governor. –
Appointments extended by the acting Regional Governor before
the assumption of office by the elected Regional Governor shall
remain effective, unless revoked by the elected Regional Governor
within ninety (90) days from his or her assumption of office.
SEC. 18. The Regional Governor shall not issue
appointments, remove personnel, or, unless authorized by the
Commission on Elections, undertake public works projects, within
the prohibited period before and after a regional election as provided
by law.
SEC. 19. Appointments by Regional Governor. – The
Regional Governor shall appoint, in addition to the members of
the cabinet and their deputies, the chairmen and members of the
commissions and the heads of bureaus of the Regional Government,
and those whom he may be authorized by this Organic Act, or by
regional law to appoint. The Regional Assembly may, by law,
vest the appointment of other officers or officials lower in rank on
the heads of departments, agencies, commissions, or boards.
The powers, functions, responsibilities, and structure of
the departments, agencies, bureaus, offices, and instrumentalities
of the Regional Government including the corporations owned or
controlled by the Regional Government shall be prescribed and
defined by the Regional Assembly.
SEC. 20. Power of Regional Governor Over Commissions,
Agencies, Boards, Bureaus and Offices. – Subject to the exceptions
provided for in this Organic Act, the Regional Governor shall
have control of all the regional executive commissions, agencies,
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boards, bureaus, and offices. He shall ensure that laws are
faithfully executed.
SEC. 21. Fiscal Year; Submission of Budget. – The fiscal
year of the autonomous region shall cover the period January 1 to
December 31 of every year.
(a) Regional Budget. The Regional Governor shall submit
to the Regional Assembly not later than two (2) months before
the beginning of every regular session, as the basis of the regional
appropriations bill, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue
measures.
(b) Regional Assembly Power Over Budget. The Regional
Assembly may not increase the appropriations recommended by
the Regional Governor for the operation of the autonomous
government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by law
enacted by the Regional Assembly. Pending the enactment of such
law, the budgeting process shall be governed by existing laws
and rules and regulations prescribed by the Department of Budget
and Management.
(c) Prohibition Against Riders. 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) Procedure for Approval. In approving appropriations
for its own operations, the Regional Assembly shall strictly follow
the procedure for approving the appropriations for the other
departments and agencies of the Regional Government.
(e) Specific Purpose and Availability of Funds. A special
appropriations bill shall specify the purpose for which it is intended
and shall be supported by funds actually available or to be raised
by a corresponding revenue proposal as certified to by the treasurer
of the Regional Government.
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(f) Transfer of Funds. No regional law shall be passed
authorizing any transfer of appropriations. The Regional
Governor, the Speaker of the assembly and the Presiding Justice
of the highest Shari'ah court may, however, be authorized by law
enacted by the Regional Assembly, to augment any item in the
Regional General Appropriations Law for their respective offices
from savings in other items of their respective appropriations.
(g) Discretionary Funds. Discretionary funds appropriated
for particular officials shall be disbursed only for public purposes
as evidenced by appropriate vouchers and subject to such
guidelines as prescribed by law enacted by the Regional Assembly.
SEC. 22. Budget Approval; Automatic Reenactment. – The
Regional Governor shall approve the budget of the autonomous
region within one (1) month from its passage by the Regional
Assembly. If, by the end of a fiscal year, the Regional Assembly
shall have failed to pass the regional appropriations bill for the
ensuing fiscal year, the Regional Appropriations Act for the
preceding fiscal year shall be deemed automatically reenacted
and shall remain in force and effect until the regional
appropriations bill is passed by the Regional Assembly.
SEC. 23. Veto Power of the Regional Governor; Votes to
Override. – The Regional 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. The Regional Assembly may override the veto by a
two-thirds (2/3) vote of all its members.
SEC. 24. (a) Law to Authorize Use of Money. – No money
shall be paid out of the regional treasury except in pursuance of
an appropriation made by regional law.
(b) Prohibitions Against Sectarian Purposes; Exception.
No public money or property shall be appropriated, applied, paid,
or employed, directly or indirectly, for the use, benefit, or support
of any sect, church, denomination, sectarian institution, or system
of religion or of any priest, imam, preacher, minister, or other
religious teacher or dignitary as such, except when such priest,
imam, preacher, minister, or dignitary is assigned to the regional
30
police force or to any penal institution, or government orphanage,
or leprosarium within the region.
(c) Special Fund. All money collected on any regional tax
levied for a special purpose shall be treated as a special fund and
paid out for such special purpose only. If the purpose for which
special fund was created has been fulfilled or abandoned, the
balance, if any, shall accrue to the general funds of the Regional
Government.
(d) Trust Funds. Trust funds shall only be paid out of the
regional treasury for the specific purpose for which said funds
were created or received.
(e) Authorization by Regional Governor or Representative.
No funds or resources shall be disbursed unless duly approved by
the Regional Governor or by his duly authorized representative.
ARTICLE VIII
Administration of Justice
SECTION 1. Exercise of Judicial Power. – The judicial
powers shall be vested in the Supreme Court and in such lower
courts as may be established by law including the Shari'ah Courts
in accordance with Section 5 hereof.
SEC. 2. Justices from Autonomous Region. – It shall be
the policy of the central government or national government that,
whenever feasible, at least one (1) justice in the Supreme Court
and two (2) justices in the Court of Appeals shall come from
qualified jurists of the autonomous region. For this purpose, the
Regional Governor may, after consultations with the Regional
Assembly and concerned sectors in the autonomous region, submit
the names of qualified persons to the Judicial and Bar Council for
its consideration. The appointments of those recommended by
the Regional Governor to the judicial positions mentioned above
are without prejudice to appointments that may be extended to
other qualified inhabitants of the autonomous region to other
positions in the Judiciary.
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SEC. 3. Consultant to the Judicial and Bar Council. – The
President shall appoint a qualified person as a consultant to the
Judicial and Bar Council recommended by the Regional Governor
in consultation with the concerned sectors of the autonomous
region. The person recommended by the Regional Governor shall
first be confirmed by the Regional Assembly. Once appointed by
the President, the consultant shall sit with the Judicial and Bar
Council only to advise and be consulted by the council on matters
of appointments to judicial positions in the autonomous region.
SEC. 4. Deputy Court Administrator. – The Office of the
Deputy Court Administrator for the autonomous region is hereby
created. The Deputy Court Administrator for the autonomous
region shall be appointed by the Chief Justice of the Supreme
Court from among three recommendees submitted by the Regional
Governor upon previous confirmation by the Regional Assembly
and after consultation with the concerned sectors of the
autonomous region.
SEC. 5. Shari'ah Courts. – The Regional Assembly of the
autonomous region shall provide for the establishment of Shari'ah
courts. Shari'ah courts existing as of the date of the approval of
this Organic Act shall continue to discharge their duties. The
judges, thereof, may, however, be reshuffled upon recommendation
of the Deputy Court Administrator of the autonomous region.
SEC. 6. Shari'ah Public Assistance Office. – There is
hereby created a Shari'ah Public Assistance Office. The Office
shall be staffed by a director and two (2) lawyers who are members
of the Philippine Shari'ah bar. They may be assisted by such
personnel as may be determined by the Regional Assembly.
Unless otherwise provided by regional law, the compensation of
the director and the Shari'ah lawyers shall be equivalent to the
salary grade of a Director III and a trial lawyer of the Public
Assistance Office, respectively.
The Shari'ah Public Assistance Office is hereby established
in each of the Shari'ah judicial districts to provide free legal
assistance to poor or indigent party litigants.
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SEC. 7. Shari'ah Appellate Court. – There is hereby created
a Shari'ah Appellate Court which shall have jurisdiction over
cases enumerated in Section 9 of this Article.
SEC. 8. Shari'ah Appellate Court Composition. – The
Shari'ah Appellate Court shall be composed of one (1) presiding
justice and two (2) associate justices. Any vacancy shall be filled
within ninety (90) days from the occurrence thereof.
SEC. 9. Jurisdiction of the Shari'ah Appellate Court. –
The Shari'ah Appellate Court shall:
(a) Exercise original jurisdiction over petitions for
certiorari, prohibition, mandamus, habeas corpus, and other
auxiliary writs and processes only in aid of its appellate
jurisdiction; and,
(b) Exercise exclusive appellate jurisdiction over all cases
tried in the Shari'ah district courts as established by law.
SEC. 10. Shari'ah Appellate Court Decisions. – The
decisions of the Shari'ah Appellate Court shall be final and
executory. Nothing herein contained shall, however, affect the
original and appellate jurisdiction of the Supreme Court, as
provided in the Constitution.
SEC. 11. Shari'ah Appellate Court Justices Qualifications
and Appointments. – The Justices of the Shari'ah Appellate Court
shall possess the same qualifications as those of the Justices of
the Court of Appeals and, in addition, shall also be learned in
Islamic law and jurisprudence.
The members of the Shari'ah Appellate Court shall be
appointed by the President from a list of at least three (3) nominees
prepared by the Judicial and Bar Council. The nominees shall be
chosen from a list of recommendees submitted by the Regional
Assembly. Such appointments need no confirmation.
SEC. 12. Shari'ah Appellate Court Justices Tenure of
Office. – The Presiding Justice and Associate Justices of the
33
Shari'ah Appellate Court shall serve until they reach the age of
seventy (70) years, unless sooner removed for cause in the same
manner as justices of the Court of Appeals or become incapacitated
to discharge the duties of their office.
SEC. 13. Shari'ah Appellate Court Justices Compensation.
– The Presiding Justice and Associate Justices of the Shari'ah
Appellate Court shall receive the same compensation and enjoy
the same privileges as the Presiding Justice and Associate Justices
of the Court of Appeals, respectively.
SEC. 14. Shari'ah Appellate Court Administrator and
Clerk of Court. – The Supreme Court shall, upon recommendation
of the Presiding Justice of the Shari'ah Appellate Court, appoint
the court administrator and clerk of court of the Appellate Court.
Such other personnel as may be necessary for the Shari'ah
Appellate Court shall be appointed by the Presiding Justice of
said court.
The pertinent provisions of existing law regarding the
qualifications, appointments, compensations, functions, duties,
and other matters relative to the personnel of the Court of Appeals
shall apply to those of the Shari'ah Appellate Court.
SEC. 15. Prohibition Against Holding of Other Offices. –
The Justices of the Shari'ah Appellate Court and the judges of
other Shari'ah courts shall not be appointed or designated to any
office or agency performing quasi-judicial or administrative
functions.
SEC. 16. Shari'ah Appellate Court Official Seat. – The
official seat of the Shari'ah Appellate Court shall unless the
Supreme Court decides otherwise, be in the province or city where
the seat of the Regional Government is located.
SEC. 17. Shari'ah Appellate Court Proceedings. –
Proceedings in the Shari'ah Appellate Court and in the Shari'ah
lower courts in the autonomous region shall be governed by such
special rules as the Supreme Court may promulgate.
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SEC. 18. Shari'ah Courts. – The Shari'ah district courts
and the Shari'ah circuit courts created under existing laws shall
continue to function as provided therein. The judges of the Shari'ah
courts shall have the same qualifications as the judges of the
regional trial courts, the metropolitan trial courts or the municipal
trial courts, as the case may be. In addition, they must be learned
in Islamic law and jurisprudence.
SEC. 19. Tribal Courts. – 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 and family and property
rights of members of the indigenous cultural community
concerned in accordance with the tribal codes of these
communities. These courts may also exercise exclusive jurisdiction
over crimes committed by members of indigenous cultural
communities where the imposable penalty as prescribed by the
Revised Penal Code or other pertinent law does not exceed
imprisonment of six (6) years or a fine not exceeding Fifty thousand
pesos (P50,000) or both such imprisonment and fine and where
the offended party or parties are also members of the indigenous
cultural community concerned.
The Regional Assembly shall define the composition and
jurisdiction of the said courts in accordance with the Constitution,
existing laws, and this Organic Act.
SEC. 20. Jurisconsult in Islamic Law. – The Regional
Assembly shall give priority consideration to the organization of
the office of jurisconsult in Islamic law as established under
existing law and provision for its facilities to enable the proper
functioning of the office.
SEC. 21. Customary Law. – The Regional Assembly shall
provide for the codification of indigenous laws and compilation of
customary laws of the Muslims and the indigenous cultural
communities in the autonomous region.
SEC. 22. Application and Interpretation of Laws. – The
provisions of the Muslim code and the tribal code shall be applicable
35
only to Muslims and other members of indigenous cultural
communities respectively and nothing herein shall be construed
to operate to the prejudice of the non-Muslims and non-members
of indigenous cultural communities.
In case of conflict between the Muslim code and the tribal
code, the national law shall apply.
In case of conflict between the Muslim code or the tribal
code on the one hand, and the national law on the other, the
latter shall prevail.
Except in cases of successional rights to property, the regular
courts shall acquire jurisdiction over controversies involving real
property located outside the area of autonomy. Muslims who sue
other Muslims or members of indigenous cultural communities
who sue other members of indigenous cultural communities over
matters covered respectively by Shari'ah or by tribal laws may
agree to litigate their grievances before the proper Shari'ah or
tribal court in the autonomous region. The procedure for this
recourse to the Shari'ah or tribal court shall be prescribed by the
Supreme Court.
SEC. 23. Bases for Interpretation of Islamic Law. – Subject
to the provisions of the Constitution, the Shari'ah courts shall
interpret Islamic law based on sources such as:
(a) Al-Qur'an (The Koran);
(b) Al-Sunnah (Prophetic traditions);
(c) Al-Qiyas (Analogy); and
(d) Al-Ijima (Consensus).
SEC. 24. Shari'ah Powers and Functions. – The powers
and functions of the Shari'ah courts and the Shari'ah Public
Assistance Office shall be defined by the Regional Assembly subject
to the provisions of the Constitution.
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ARTICLE IX
Fiscal Autonomy
SECTION 1. Revenue Source. – The Regional Government
shall have the power to create its own sources of revenues and to
levy taxes, fees, and charges, subject to the provisions of the
Constitution and this Organic Act.
SEC. 2. Fiscal Autonomy. – The Regional Government
shall enjoy fiscal autonomy in generating and budgeting its own
sources of revenue, its share of the internal revenue taxes and
block grants and subsidies remitted to it by the central government
or national government or any donor.
The utilization of its share of the internal revenue taxes
and block grants or subsidies from the central government or
national government shall be subject to a semi-annual and annual
audits by the Commission on Audit and to the rules and
regulations of the Department of Budget and Management. All
accountable officials of the Regional Government shall, upon
demand, furnish the Commission on Audit all documents, papers,
and effects necessary for the completion of the audit. Failure to
do so shall empower the President or the Secretary of Finance to
reduce, suspend, or cancel the release of funds intended for the
autonomous region to the extent of the amounts that cannot be
audited for reasons attributable to the officials of the autonomous
region or are unaccounted for after audit.
If more than half of the funds released to the autonomous
region by the central government or national government remain
unaccounted for six (6) months after the audit mentioned above,
the Secretary of Finance may also suspend or cancel the release
of any or all funds allocated by the central government or national
government for the autonomous region. Officials of the Regional
Government who fail to submit the documents, papers and effects
demanded by the Commission on Audit within the period specified
herein may be suspended or removed from office by the President
upon recommendation of the Secretary of Finance.
The utilization of the revenue generated by the Regional
Government and block grants or subsidies remitted to it by foreign
37
or domestic donors shall be subject to the rules and regulations of
the Regional Government Department of the Budget and
Management, if any, and to audit by regional government auditors.
In the absence of such rules and regulations, the audit of the said
funds, block grants or subsidies shall be done by the Commission
on Audit and the use thereof shall be in accordance with the rules
and regulations of the Department of the Budget and Management
of the central government or national government.
The results of the audit mentioned in this Section shall be
published in national newspapers of general circulation and in
newspapers of regional circulation. The results shall also be
announced over government-owned radio and television stations.
SEC. 3. Regional Tax Code. – The Regional Assembly may
enact a regional government tax code. Until the regional
government tax code is enacted, the pertinent provisions of
Republic Act No. 7160, the Local Government Code of 1991, shall
apply to tax ordinances of the provinces, cities, municipalities,
and barangay within the autonomous region.
SEC. 4. Regional Economic and Financial Programs. –
The Regional Government may formulate its own economic and
financial programs, subject to the provisions of the Constitution.
SEC. 5. Uniform, Equitable Taxation; Prohibition Against
Confiscatory Taxes, Fees. – In enacting revenue-raising
measures, the Regional Assembly shall observe the principles of
uniformity and equity in taxation and shall not impose confiscatory
taxes or fees of any kind. Until a regional tax code shall have
been enacted by it, the Regional Assembly may not revoke or
amend, directly or indirectly, any city or municipal ordinances
imposing taxes or fees on purely local businesses. Prior to the
revocation or amendment of such city or municipal ordinances,
the Regional Assembly shall consult with the city or municipal
government concerned.
SEC. 6. Payment of Taxes. – Corporations, partnerships,
or firms directly engaged in business in the autonomous region
shall pay their corresponding taxes, fees, and charges in the
38
province or city, where the corporation, partnership, or firm is
doing business.
Corporations, partnerships, or firms whose central, main,
or head offices are located outside the autonomous region but
which are doing business within its territorial jurisdiction, by
farming, developing, or utilizing the land, aquatic, or natural
resources therein, shall pay the income taxes corresponding to
the income realized from their business operations in the
autonomous region to the city, or municipality where their branch
offices or business operations or activities are located.
SEC. 7. Extent of Tax Powers; Exceptions. – Unless
otherwise provided herein, the taxing power of the regional
government and of the provinces, cities, municipalities, and
barangay located therein shall not extend to the following:
(a) Income tax, except when levied on banks and other
financial institutions;
(b) Documentary stamps tax;
(c) Taxes on estate, inheritance, gifts, legacies, and other
acquisitions mortis causa, except as otherwise provided by law;
(d) Customs duties, registration fees of vessel and wharfage
on wharves, tonnage dues, and all other kinds of custom fees,
charges, and dues except vessels which are registered by their
owners with the Regional Government and wharfage on wharves
constructed and maintained by the Regional Government or the
local government unit concerned;
(e) Taxes, fees, or charges and other impositions upon goods
carried into or out of, or passing through the territorial
jurisdictions of the provinces, cities, municipalities, or barangay
of the autonomous region in the guise of charges for wharfage,
tolls for bridges, or otherwise, or other taxes, fees, or charges in
any form whatsoever upon such goods or merchandise except tolls
on bridges or roads constructed and maintained by the provinces,
39
cities, municipalities, or barangay concerned or by the Regional
Government.
(f) Taxes, fees, or charges on agricultural and aquatic
products when sold by marginal farmers or fisherfolk;
(g) Taxes on business enterprises certified by the Board of
Investments or by the Regional Assembly as pioneer or nonpioneer
for a period of six (6) and four (4) years, respectively from
the date of registration;
(h) Excise taxes on articles enumerated under the national
internal revenue code, and taxes, fees, or charges on petroleum
products;
(i) Percentage or value-added tax (VAT) on sales, barters,
or exchanges or similar transactions on goods or services except
as otherwise provided by law;
(j) Taxes on the gross receipts of transportation contractors
and persons engaged in the transportation of passengers or freight
by hire and common carriers by air, land, or water except as
provided in this Organic Act;
(k) Taxes on premiums paid by way of reinsurance or
retrocession;
(l) Taxes, fees, or other charges on Philippine products
actually exported, except as otherwise provided by law enacted by
the Congress;
(m) Taxes, fees, or charges on countryside, barangay
business enterprises and cooperatives duly registered under
Republic Act No. 6810, the "Magna Carta for Countryside and
Barangay Business Enterprises" and Republic Act No. 6938, the
"Cooperatives Code of the Philippines," respectively; and
(n) Taxes, fees, or charges of any kind on the central
government or national government, its agencies and
instrumentalities, and local government units except on
40
government-owned or -controlled corporations or entities that are
primarily organized to do business.
SEC. 8. Sources of Regional Government Revenue. – The
sources of revenues of the Regional Government 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) Taxes, fees, or charges for the registration of motor
vehicles and for the issuances of all kinds of licenses or permits
for the driving thereof, except tricycles which shall be registered
with the city or municipality within whose territorial boundaries
they are operated;
(d) Shares and revenue generated from the operations of
public utilities within the autonomous region;
(e) Appropriations, shares in the internal revenue taxes,
block grants, and other budgetary allocations coming from the
central government or national government; and
(f) Block grants derived from economic agreements or
conventions entered into or authorized by the Regional Assembly,
donations, endowments, foreign assistance, and other forms of
aid, subject to the pertinent provisions of the Constitution.
SEC. 9. Sharing of Internal Revenue, Natural Resources
Taxes, Fees and Charges. – The collections of a province or city
from national internal revenue taxes, fees and charges, and taxes
imposed on natural resources, shall be distributed as follows:
(a) Thirty-five percent (35%) to the province or city;
(b) Thirty-five percent (35%) to the regional government;
and
41
(c) Thirty percent (30%) to the central government or
national government.
The share of the province shall be apportioned as follows:
forty-five percent (45%) to the province, thirty-five percent (35%)
to the municipality and twenty percent (20%) to the barangay.
The share of the city shall be distributed as follows: fifty
percent (50%) to the city and fifty percent (50%) to the barangay
concerned.
The province or city concerned shall automatically retain
its share and remit the shares of the Regional Government and
the central government or national government to their respective
treasurers who shall, after deducting the share of the Regional
Government as mentioned in paragraphs (b) and (c) of this Section,
remit the balance to the national government within the first
five (5) days of every month after the collections were made.
The remittance of the shares of the provinces, cities,
municipalities, and barangay in the internal revenue taxes, fees,
and charges and the taxes, fees, and charges on the use,
development, and operation of natural resources within the
autonomous region shall be governed by law enacted by the
Regional Assembly.
The remittances of the share of the central government or
national government of the internal revenue taxes, fees, and
charges and on the taxes, fees, and charges on the use,
development, and operation of the natural resources within the
autonomous region shall be governed by the rules and regulations
promulgated by the Department of Finance of the central
government or national government.
Officials who fail to remit the shares of the central
government or national government, the Regional Government
and the local government units concerned in the taxes, fees, and
charges mentioned above may be suspended or removed from office
by order of the Secretary of Finance in cases involving the share
of the central government or national government or by the
42
Regional Governor in cases involving the share of the Regional
Government and by the proper local government executive in
cases involving the share of local government.
SEC. 10. Treasury Bills, Notes and Other Debt Papers. –
The Regional Government may issue treasury bills, bonds,
promissory notes, and other debt papers or documents pursuant
to law enacted by the Regional Assembly.
SEC. 11. Economic Agreements. – Subject to the provisions
of the Constitution, the Regional Government shall evolve a system
of economic agreements and trade compacts to generate block
grants for regional investments and improvements of regional
economic structures which shall be authorized by law enacted by
the Regional Assembly. Pursuant to specific recommendations of
the Regional Economic and Development Planning Board, the
Regional Government may assist local government units in their
requirements for counterpart funds for foreign-assisted projects.
SEC. 12. Donations or Grants; Tax Deductible. – The
Regional Government may accept donations or grants for the
development and welfare of the people in the autonomous region.
Such donations or grants that are used exclusively to finance
projects for education, health, youth and culture, and economic
development, may be deducted in full from the taxable income of
the donor or grantor.
SEC. 13. Regional Tax Exemptions. – The Regional
Assembly, by a vote of absolute majority of all its members, may
grant exemptions from regional taxes.
SEC. 14. Foreign or Domestic Loans. – The Regional
Governor may be authorized by the Regional Assembly to contract
foreign or domestic loans in accordance with the provisions of the
Constitution. The loans so contracted may take effect upon
approval by a majority of all the members of the Regional
Assembly.
SEC. 15. Collection and Sharing of Internal Revenue
Taxes. – The share of the central government or national
43
government of all current year collections of internal revenue
taxes, within the area of autonomy shall, for a period of five (5)
years be allotted for the Regional Government in the Annual
Appropriations Act.
The Bureau of Internal Revenue (BIR) or the duly authorized
treasurer of the city or municipality concerned, as the case may
be, shall continue to collect such taxes and remit the share to the
Regional Autonomous Government and the central government
or national government through duly accredited depository bank
within thirty (30) days from the end of each quarter of the current
year;
Fifty percent (50%) of the share of the central government
or national government of the yearly incremental revenue from
tax collections under Sections 106 (value-added tax on sales of
goods or properties), 108 (value-added tax on sale of services and
use or lease of properties) and 116 (tax on persons exempt from
value-added tax) of the National Internal Revenue Code (NIRC)
shall be shared by the Regional Government and the local
government units within the area of autonomy as follows:
(a) twenty percent (20%) shall accrue to the city or
municipality where such taxes are collected; and
(b) eighty percent (80%) shall accrue to the Regional
Government.
In all cases, the Regional Government shall remit to the
local government units their respective shares within sixty (60)
days from the end of each quarter of the current taxable year.
The provinces, cities, municipalities, and barangays within the
area of autonomy shall continue to receive their respective shares
in the Internal Revenue Allotment (IRA), as provided for in Section
284 of Republic Act No. 7160, the Local Government Code of 1991.
The five-year (5) period herein abovementioned may be extended
upon mutual agreement of the central government or national
government and the Regional Government.
44
ARTICLE X
Ancestral Domain, Ancestral Lands and Agrarian Reform
SECTION 1. Ancestral Domain; Lands of Indigenous
Cultural Communities. – Subject to the Constitution and existing
laws, the Regional Government shall undertake measures to
protect the ancestral domain and ancestral lands of indigenous
cultural communities.
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. Such ancestral domain shall
include pasture lands, worship areas, burial grounds, forests and
fields, mineral resources, except strategic minerals such as
uranium, coal, petroleum; and other fossil fuels, mineral oils,
and all sources of potential energy; lakes, rivers, and lagoons;
and national reserves and marine parks, as well as forest and
watershed reservations. Until laws are enacted that provide
otherwise, fifty percent (50%) of the revenues derived from the
utilization and development of such strategic materials shall
accrue to the Regional Government and the provinces, cities,
municipalities, and barangay in the autonomous region. The
sharing between the Regional Government and the local
government units in the revenues derived from the strategic
materials mentioned above shall be apportioned according to the
formula set out in Section 5, Article XIII of this Organic Act.
Lands in the actual, open, public, and uninterrupted
possession and occupation by an indigenous cultural community
for at least thirty (30) years are ancestral lands.
SEC. 2. The constructive or traditional possession of lands
and resources by an indigenous cultural community may also be
recognized subject to judicial affirmation, the petition for which
shall be instituted within a period of ten (10) years from the
effectivity of this Organic Act. The procedure for judicial
affirmation of imperfect titles under existing laws shall, as far as
practicable, apply to the judicial affirmation of titles to ancestral
lands.
45
The foregoing provisions notwithstanding, titles secured
under the Torrens System, and rights already vested under the
provisions of existing laws shall be respected.
SEC. 3. As used in this Organic Act, the phrase "indigenous
cultural community" refers to Filipino citizens residing in the
autonomous region who are:
(a) Tribal peoples. These are citizens whose social, cultural,
and economic conditions distinguish them from other sectors of
the national community; and
(b) Bangsa Moro people. These are citizens who are
believers in Islam and who have retained some or all of their own
social, economic, cultural, and political institutions.
SEC. 4. Cultural Communities. – The customary laws,
traditions, and practices of indigenous cultural communities on
land claims and ownership and settlement of land dispute shall
be implemented and enforced among the members of such
communities.
SEC. 5. Ecological Balance. – The proclamations issued by
the central government or national government declaring old
growth or natural forests and all watersheds within the
autonomous region as forest reserves are hereby reiterated. The
forest reserves shall not be subjected to logging operations of any
nature or kind.
Forest concessions, timber licenses, contracts, or
agreements of any kind or nature whatsoever granted by the
central government or national government or by the Regional
Government as of the date of the approval of this Organic Act,
are hereby cancelled, nullified and voided, and shall not be renewed
until thirty (30) years after the approval of this Organic Act.
If the said forest reserves are logged over or are mined by
authority or neglect of the Regional Government, the funds
provided by the central government or national government
including the internal revenue shares of the Regional Government
46
may be withheld, reduced, cancelled, or forfeited by order of the
President.
Ten percent (10%) of the shares of the internal revenue
taxes of the Regional Government and of the provinces, cities,
municipalities, and barangay of the autonomous region and all
allocations for the development of the autonomous region by the
central government or national government shall be devoted to
reforestation projects and other environmental activities to
enhance the protection and development of the environment in
the autonomous region.
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 to restore, enhance, and maintain such a balance.
SEC. 6. Unless authorized by the Regional Assembly, lands
of the ancestral domain titled to or owned by an indigenous cultural
community shall not be disposed of to non-members.
SEC. 7. No portion of the ancestral domain shall be open to
resettlement by non-members of the indigenous cultural
communities.
SEC. 8. Regional Land Reform. – Subject to the provisions
of the Constitution, the Regional Assembly may enact an agrarian
reform law suitable to the special circumstances prevailing in
the autonomous region.
ARTICLE XI
Urban and Rural Planning and Development
SECTION 1. Urban and Rural Development. – The
Regional Government shall promote and formulate comprehensive
and integrated regional urban and rural development policies,
plans, programs, and projects responsive to the needs, aspirations,
and values of the people in the autonomous region.
47
SEC. 2. Indigenous Development Plans. – The Regional
Government shall initiate, formulate, and implement special
development programs and projects, responsive to the particular
aspirations, needs, and values of the indigenous cultural
communities.
SEC. 3. Equitable Development. – The Regional Government
shall provide equitable opportunities for the development of every
province, city, municipality, and barangay within its jurisdiction
and shall strengthen their existing planning bodies to ensure
wider public participation.
SEC. 4. Urban Land, Land and Water Use. – Consistent
with the Constitution, this Organic Act, and subject to ecological
considerations, the Regional Government shall within one (1) year
from the approval of this Organic Act, adopt and implement a
comprehensive urban land reform and land and water use
program, to ensure the just utilization of lands and waters within
its jurisdiction.
ARTICLE XII
Economy and Patrimony
SECTION 1. Regional Economy and Conservation of
Patrimony. – Consistent with the Constitution and existing laws,
the Regional Assembly may enact laws pertaining to the regional
economy and patrimony that are responsive to the needs of the
region. The Regional Government may not lower the standards
required by the central government or national government for
the protection, conservation, and enhancement of the natural
resources.
SEC. 2. Economic Zones, Centers and Ports. – The Regional
Government shall encourage, promote, and support the
establishment of economic zones, industrial centers, ports in
strategic areas, and growth centers to attract local and foreign
investments and business enterprises.
SEC. 3. Incentives for Investors. – The Regional Assembly
may by law grant incentives to investors in the autonomous region.
The central government or national government may likewise
48
grant incentives to investors in the autonomous region in addition
to those provided by the Regional Government.
SEC. 4. Regional Economic Zone Authority; Freeports. –
The Regional Government may establish a regional economic zone
authority in the autonomous region. The Regional Economic Zone
Authority shall have similar powers as the Philippine Economic
Zone Authority and consistent with the Special Economic Zone
Act of 1995. The Regional Assembly may provide such additional
powers and functions to the Regional Economic Zone Authority
as may be necessary to meet the special circumstances of the
autonomous region.
Once the Regional Economic Zone Authority is created by
a Regional Assembly legislation, the Philippine Export Zone
Authority shall no longer authorize any other economic zone within
the autonomous region. Any corporation, firm, or entity established
within the autonomous region, by authority of the Philippine
Export Zone Authority, shall be placed under the jurisdiction of
the Regional Economic Zone Authority and shall continue to enjoy
the benefits granted to it by the Philippine Export Zone Authority.
SEC. 5. Use, Development of Mines, Minerals, and Other
Natural Resources; Revenue Sharing; Exceptions. – (a) Regional
Supervision and Control. The control and supervision over the
exploration, utilization, development, and protection of the mines
and minerals and other natural resources within the autonomous
region are hereby vested in the Regional Government in
accordance with the Constitution and the pertinent provisions of
this Organic Act except for the strategic minerals such as
uranium, petroleum, and other fossil fuels, mineral oils, all sources
of potential energy, as well as national reserves and aquatic parks,
forest and watershed reservations already delimited by authority
of the central government or national government and those that
may be defined by an Act of Congress within one (1) year from the
effectivity of this Organic Act.
(b) Sharing Between Central Government or National
Government and Regional Government in Strategic Minerals
Revenues, Taxes, or Fees. Fifty percent (50%) of the revenues,
taxes, or fees derived from the use and development of the strategic
49
minerals shall accrue and be remitted to the Regional Government
within thirty (30) days from the end of every quarter of every
year. The other fifty percent (50%) shall accrue to the central
government or national government.
(c) Sharing Between Regional Government and Local
Government Units in Strategic Minerals Revenues, Taxes, or
Fees. The share of the Regional Government mentioned above is
hereby apportioned as follows: thirty percent (30%) to the Regional
Government; twenty percent (20%) to all the provinces; fifteen
percent (15%) to all the cities; twenty percent (20%) to all the
municipalities; and fifteen percent (15%) to all the barangays. If
there are no cities in the autonomous region as of the date the
sharing above mentioned is done, the share of the cities shall be
divided equally by all the provinces, municipalities, and barangay
in the autonomous region.
(d) Regional Assembly Authority to Grant Franchises and
Concessions and Empower Regional Governor to Grant Leases,
Permits, and Licenses. The Regional Assembly shall by law have
the authority to grant franchises and concessions and may by
law empower the Regional Governor to grant leases, permits,
and licenses over agricultural, forest, or mineral lands. The said
leases, permits, franchises, or concessions shall, however, cover
areas not exceeding the limits allowed by the Constitution and
shall subsist for a period not exceeding twenty-five (25) years.
Except as provided in this Organic Act, existing leases, permits,
licenses, franchises, and concessions shall be respected until their
expiration unless legally terminated earlier as provided by law
enacted either by Congress or by the Regional Assembly.
(e) Consultations with Cultural Communities, Needed. The
permits, licenses, franchises, or concessions over the natural
resources located within the boundaries of an ancestral domain
shall be issued by the Regional Assembly only after consultations
are conducted with the cultural community concerned.
SEC. 6. Use and Development of Natural Resources Open
to Citizens. – The exploration, development, and utilization of
natural resources, except those referred to in the first paragraph
of Section 5 of this Article, shall be allowed to all citizens and to
50
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 citizens.
SEC. 7. Preferential Rights of Citizen-Inhabitants of
Autonomous Region. – Subject to the exceptions provided in this
Organic Act, citizens who are inhabitants of the autonomous
region shall have preferential rights over the exploration,
utilization, and development of natural resources of the
autonomous region. Existing rights over the exploration,
utilization, and development of natural resources shall be respected
subject to the exceptions specified in this Organic Act.
SEC. 8. Rules, Regulations and Fees. – The Regional
Assembly shall by law regulate the exploration, utilization,
development, and protection of the natural resources, including
the mines and minerals, except the strategic minerals as provided
in this Organic Act. The Regional Government shall, pursuant
to the said law, shall prescribe the rules and regulations and
impose regulatory fees in connection therewith. Upon the
enactment of the said law and the effectivity of such rules and
regulations, the fees imposed by the Regional Government shall
replace those that had been imposed by the central government
or national government.
SEC. 9. Regulation of Small-Scale Mining. – Small-scale
mining shall be regulated by the Regional Government to the end
that the ecological balance, safety and health, and the interests
of the indigenous cultural communities, the miners, and the people
of the place where such operations are conducted are duly protected
and safeguarded.
SEC. 10. Regional Economic and Development Planning
Board; Composition and Functions. – There is hereby created a
Regional Economic and Development Planning Board. The Board
shall be chaired by the Regional Governor. The members of the
Board shall be composed of all the provincial governors and the
city mayors of the provinces and cities within the autonomous
region; the Speaker, and two (2) members of the Regional Assembly
appointed by the Speaker, one (1) of whom shall be nominated by
51
the opposition; and, five (5) representatives elected by the private
sector as prescribed by the Regional Assembly.
The Board shall serve as the planning, monitoring, and
coordinating agency for all development plans, projects, and
programs intended for the autonomous region. It shall evaluate
and recommend for approval by the Regional Assembly, the annual
work programs and comprehensive development plans of the
autonomous region. Once approved, it shall be the duty of the
Regional Governor to ensure the proper implementation of the
said annual work programs and comprehensive development
plans.
The Board shall formulate a master plan for a systematic,
progressive, and total development of the region. The master plan
shall take into account the development plans of the province,
city, municipality, and barangay concerned as mandated by
Republic Act No. 7160, the Local Government Code of 1991.
After due notice in writing, the attendance at meetings of
the Board by one-third (1/3) of its members with the Regional
Governor or the Regional Vice Governor and three (3) of the
representatives of the private sector being present, shall be a
sufficient quorum for the board to transact business.
The Board shall adopt its own rules of procedure for the
conduct of its meetings.
SEC. 11. Pioneering Public Utilities and Cooperatives. –
The Regional Assembly may, in the interest of regional welfare
and security, establish and operate pioneering public utilities.
Upon payment of just compensation, it may cause the transfer of
the ownership of such utilities to cooperatives or other collective
organizations.
SEC. 12. Proclamation of State of Calamity: Operation of
Public Utilities. – (a) Temporary take-over of operations. The
Regional Government may, in times of regional calamity declared
by the Regional Governor, when the public interest so requires
and under such reasonable terms and safeguards as may be
52
prescribed by the Regional Assembly, temporarily take over or
direct operation of any privately-owned public utility or business
affected with public interest. The public utility or business
concerned may contest the take over of its operations by the
Regional Government by filing a proper case or petition with the
Court of Appeals.
(b) Proclamation of state of calamity. The Regional
Governor may proclaim a state of calamity over the region or
parts thereof whenever typhoons, flash floods, earthquakes,
tsunamis, or other natural calamities cause widespread damage
or destruction to life or property in the region. The state of
calamity proclaimed by the Regional Governor shall only be for
the purpose of maximizing the efforts to rescue imperiled persons
and property and the expeditious rehabilitation of the damaged
area. The state of calamity proclaimed shall in no way suspend
any provision of the Constitution or this Organic Act, as well as,
the pertinent laws promulgated by the central government or
national government or the Regional Government.
SEC. 13. Legislating Benefits, Compensation for Victims
of Mining and Mining Operations; Rehabilitation of Affected
Areas. – The Regional Assembly shall enact laws for the benefit
and welfare of the inhabitants injured, harmed or adversely affected
by the harnessing of natural and mineral resources in the
autonomous region. Such laws may include payment of just
compensation to and relocation of the people and rehabilitation of
the areas adversely affected by the harnessing of natural and
mineral resources mentioned above.
The Regional Assembly may by law require the persons,
natural or juridical, responsible for causing the harm or injury
mentioned above to bear the costs of compensation, relocation
and rehabilitation mentioned above wholly or partially.
SEC. 14. Reforestation; Support for Lumads or Tribal
Peoples. – 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 watershed areas,
53
strips of land along the edges of rivers and streams and shorelines
of lakes and the seas within or abutting the autonomous region.
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 specially the lumads or tribal peoples.
The Regional Government shall also adopt measures to
employ the people who may be displaced by the cancellation or
revocation of timber concessions, licenses, contracts, or agreements
mentioned in paragraph above.
SEC. 15. Prohibition Against Toxic or Hazardous
Substances. – The Regional Government shall prohibit the use,
importation, deposit, disposal, and dumping of toxic or hazardous
substances within the autonomous region.
SEC. 16. Business Ownership. – The Regional Government
shall adopt policies to promote profit sharing and broaden the
base of ownership of business enterprises.
SEC. 17. Incentives, Tax Rebates and Holidays. – The
Regional Assembly may by law, and with the approval of the
absolute majority of all its members, grant incentives, including
tax rebates and holidays, for investors in businesses that contribute
to the development of the autonomous region. It may provide
similar incentives to companies doing business in the autonomous
region which reinvest at least fifty percent (50%) of their net
profits therein, and to cooperatives which reinvest at least ten
percent (10%) of their surplus into socially-oriented projects in
the autonomous region.
SEC. 18. Transport and Communication Facilities,
Priority Projects. – The Regional Government shall give priority
to the establishment of transportation and communication
facilities to expedite the economic development of the autonomous
region.
54
SEC. 19. Power Services Priority. – In the delivery of
power services, priority shall be given to provinces and cities in
the autonomous region which need but do not have direct access
to such services.
SEC. 20. Pioneering Firms. – The Regional Assembly may
create pioneering firms and other business entities to boost
economic development in the autonomous region.
Agriculture, Fisheries and Aquatic Resources
SEC. 21. Farming and Fishing Cooperatives. – The
Regional Government shall recognize, promote, and protect the
rights and welfare of farmers, farm-workers, fisherfolk, and fishworkers,
as well as cooperatives and associations of farmers and
fish-workers.
SEC. 22. Agricultural Productivity; Organic Farming. –
The Regional Government shall encourage agricultural
productivity and promote diversified and organic farming.
SEC. 23. Soil and Water Conservation. – The Regional
Government shall give top priority to the conservation, protection,
utilization, and development of soil and water resources for
agricultural purposes.
SEC. 24. Aquatic and Fisheries Code. – The Regional
Assembly may enact an aquatic and fisheries code which shall
enhance, develop, conserve, and protect marine and aquatic
resources, and shall protect the rights of subsistence fisherfolk to
the preferential use of communal marine and fishing resources,
including seaweeds. This protection shall extend to offshore fishing
grounds, up to and including all waters fifteen (15) kilometers
from the coastline of the autonomous region but within the
territorial waters of the Republic, regardless of depth and the
seabed and the subsoil that are included between two (2) lines
drawn perpendicular to the general coastline from points where
the boundary lines of the autonomous region touch the sea at low
tide and a third line parallel to the general coastline.
55
The provinces and cities within the autonomous region shall
have priority rights to the utilization, development, conservation,
and protection of the aforementioned offshore fishing grounds.
The provinces and cities concerned shall provide support to
subsistence fisherfolk through appropriate technology and
research, adequate financial, production, marketing assistance,
and other services.
The Regional Assembly shall enact priority legislation to
ensure that fish-workers shall receive a just share from their
labor in the utilization, production, and development of marine
and fishing resources.
The Regional Assembly shall enact priority legislation to
develop science, technology, and other disciplines for the protection
and maintenance of aquatic and marine ecology.
SEC. 25. Agriculture and Fisheries Bureau. – The Regional
Assembly shall by law, create a Bureau on Agriculture and
Fisheries and define its composition, powers and functions.
Trade and Industry
SEC. 26. Private Sector. – The Regional Government
recognizes the private sector as the prime mover of trade,
commerce, and industry. It shall encourage and support the
building up of entrepreneurial capability in the autonomous region
and shall recognize, promote, and protect cooperatives.
SEC. 27. Cottage Industries. – The Regional Government
shall promote and protect cottage industries by providing
assistance such as marketing opportunities, financial support,
tax incentives, appropriate and alternative technology and
technical training to produce semi-finished and finished products.
Deserving small and medium-scale cottage industries may be
provided priority assistance.
SEC. 28. Banks and Financial Institutions. – The Regional
Government shall, subject to the supervision of the Bangko Sentral
56
ng Pilipinas, encourage the establishment in the autonomous
region of:
(a) Banks and financial institutions and their branches;
and
(b) Off-shore banking units of foreign banks.
SEC. 29. Islamic Banks. – The Bangko Sentral ng Pilipinas
shall establish an Islamic Bank and authorize the establishment
of its branches in the autonomous region.
The members of the board of directors or trustees of the
Islamic Bank shall be appointed by the President upon
recommendation of the Regional Governor. The persons
recommended by the Regional Governor shall possess educational
qualifications and sufficient experience in the management and
operation of Islamic banking and shall be subject to confirmation
by the Regional Assembly before they are recommended to the
President. The board of directors or trustees of the bank shall
elect from among their members the chair, the vice chair and the
president of the bank. Other bank officials and employees shall
be appointed by the president of the bank.
SEC. 30. Bangko Sentral Regional Bank. – The Bangko
Sentral ng Pilipinas shall establish a Bangko Sentral Regional
Bank with full banking services in the capital city or any suitable
municipality in the autonomous region within one (1) year from
the approval of this Organic Act. The Regional Governor shall
submit a list of qualified persons to the appropriate Bangko Sentral
authority from which the staff of the regional office may be chosen.
The rights of the Bangko Sentral personnel who are occupying
positions in the Bangko Sentral Regional Office as of the date of
the approval of this Organic Act to continue as such shall be
respected.
SEC. 31. Barter and Counter-Trade. – Subject to existing
laws, the Regional Government shall regulate traditional barter
trade and counter-trade with Indonesia, Malaysia, or Brunei. The
goods or items that are bartered or counter-traded with the said
57
countries shall not be sold elsewhere in the country without
payment of appropriate customs or import duties. The Department
of Finance shall, in consultation with the Regional Government,
promulgate the rules to govern barter and counter-trade within
six (6) months from the approval of this Organic Act.
SEC. 32. Consumer Education and Welfare. – The Regional
Government shall promote consumer education and protect the
rights, interests, and general welfare of the consumers.
SEC. 33. Local Labor and Goods. – The Regional
Government shall promote the preferential use of local labor and
locally produced goods and materials by adopting measures to
increase their competitiveness.
SEC. 34. Foreign Investments. – Subject to the provisions
of the Constitution, the Regional Government shall regulate and
exercise authority over foreign investments within its jurisdiction.
The central government or national government may intervene
in such matters only if national security is involved.
Tourism Development
SEC. 35. Regional Tourism. – The Regional Government
shall have primary jurisdiction in the promotion of tourism within
the autonomous region. In promoting tourism, the diverse cultural
heritage, and the moral and spiritual values of the people in the
autonomous region shall be upheld, respected, and maintained.
SEC. 36. Tourism Office. – The Regional Assembly may,
by law, create a regional tourism office, and define its composition,
powers and functions.
The Department of Tourism of the central government or
national government shall, whenever feasible, extend financial
and technical support to the tourism program of the Regional
Government.
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ARTICLE XIII
Public Order and Security
SECTION 1. Law and Order. – The Regional Government
shall give priority to the maintenance and preservation of law
and order for the establishment of peace and the protection of life,
liberty, and property of the people in the autonomous region, in
consonance with the provisions of the Constitution and this
Organic Act.
SEC. 2. Regional Security Force. – There is hereby created
a Philippine National Police Regional Command for the
autonomous region, hereafter called the Special Regional Security
Force (SRSF) or Regional Police Force, in short.
SEC. 3. Law Governing Regional Police Force. – The
Regional Assembly shall enact laws to govern the Regional Police
Force consistent with the pertinent provisions of the Constitution
and this Organic Act.
The members of the Moro National Liberation Front who
are integrated into the Regional Police Force may be deployed in
the autonomous region or elsewhere in the Republic as may be
determined by the proper police authorities.
SEC. 4. Regional Police Force Composition. – The PNP
Regional Command for the autonomous region/SRSF shall be
composed of the existing PNP units therein, the MNLF elements,
and other residents of the area who may later on be recruited into
the SRSF.
SEC. 5. Powers and Functions of Regional Police Force. –
The Regional Police Force shall exercise within the autonomous
region the following powers and functions:
(a) Enforce laws enacted by the Congress and by the
Regional Assembly relative to the protection of lives and properties
of the people;
(b) Maintain law and order and ensure public safety;
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(c) Investigate and prevent crimes, arrest criminal
offenders, bring criminal suspects to justice, and assist in their
prosecution;
(d) Effect other arrests, searches, and seizures in
accordance with the Constitution and pertinent laws;
(e) Detain persons for a period not exceeding what is
prescribed by law, inform the person so detained of all his or her
rights under the Constitution, and observe the human rights of
all people in the autonomous region;
(f) Process applications for the licensing of firearms for
approval by the proper official of the Philippine National Police;
(g) Initiate drives for the licensing or surrender of
unlicensed firearms; confiscate unlicensed firearms after such
drives are over; prosecute or recommend to the President the
grant of amnesty or pardon to possessors of unlicensed firearms
who surrender them; and
(h) Perform such other duties and exercise all other
functions as may be provided by law enacted by Congress or by
the Regional Assembly.
SEC. 6. Observance of Constitution and Laws. – The
Regional Police Force shall be charged with the preservation of
peace, the maintenance of law and order, and the protection of
life, liberty, and property in the autonomous region in consonance
with the Constitution and pertinent legislation.
The Regional Police Force shall be run professionally and
free from partisan political control. The discharge of its functions
shall be done impartially and with professional integrity. It shall
be constrained by and accountable to the law.
SEC. 7. Regional Police Framework and Organization. –
The philosophical framework and structural organization of the
Regional Police Force shall be as follows:
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(a) It shall be civilian in nature and character;
(b) The scope of its operations shall be regional. The
Regional Police Force, its units or personnel may be deployed
elsewhere in the Republic as directed by the National Police
Commission or when needed to suppress lawless violence, pursue,
and arrest criminal offenders or maintain law and order. In such
circumstances, the order to deploy must be signed by the chairman
of the National Police Commission and approved by the President.
The President may also order the said deployment on his own
authority;
(c) It shall be headed by a regional director who shall be
assisted by two deputies, one for administration and one for
operations. The regional director and the two deputies shall come
from the ranks of the professional police force, preferably from
any province, city, or municipality of the autonomous region;
(d) It shall have regional, provincial, and city or municipal
offices;
(e) At the provincial level, there shall be a provincial office
headed by a provincial director, who shall be a professional police
officer with the rank of police superintendent, at least; and
(f) At the city or municipal level, there shall be an office
or station which shall be headed by a Chief of Police, who shall be
a professional police officer with the rank of police superintendent
for the city and police inspector for the municipality.
SEC. 8. Power of Regional Governor Over Regional Police
Force. – The Regional Governor shall have the following powers
over the Regional Police Force:
(a) To act as the deputy of the National Police Commission
in the region and as the ex officio chair of the Regional Police
Commission;
(b) To exercise operational control and general supervision
and disciplinary powers over the Regional Police Force;
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(c) To employ or deploy the elements of and assign or
reassign the Regional Police Force through the regional director.
The Regional Director may not countermand the order of the
Regional Governor unless it is in violation of the Constitution
and the law;
(d) To recommend to the President the appointment of the
regional director and his two deputies;
(e) To oversee the preparation and implementation of the
Integrated Regional Public Safety Plan;
(f) To impose, after due notice and summary hearings of
the citizen's complaints, administrative penalties on personnel of
the Regional Police Force except those who are appointed by the
President; and
(g) Do everything necessary to promote widespread support
by the various communities making up the autonomous region
for the Regional Police Force.
SEC. 9. Regional Police Directors. – The selection,
assignment, and appointment of the Provincial and City Directors
of the Regional Police Force and the assignment of Moro National
Liberation Front integrees shall be done pursuant to Republic
Act No. 6975, the Philippine National Police Law and Republic
Act No. 8551, the Philippine National Police Reform and
Reorganization Act of 1998.
SEC. 10. Regional Police Commission. – There is hereby
created a regional police commission which shall perform the
functions of the National Police Commission in the autonomous
region. The Regional Police Commission shall be under the
administration and control of the National Police Commission.
The chairman and the members, thereof, shall be appointed by
the Regional Governor subject to confirmation by the Regional
Assembly. The chairman shall be an ex officio commissioner of
the National Police Commission on matters dealing with the
Regional Police Force.
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The Regional Police Commission shall have the power to
investigate complaints against the Regional Police Force. Appeals
from its decisions may be lodged with the National Police
Commission. Pending resolution of the appeal, its decisions may
be executed. The rules and regulations governing the investigation
of members of the Philippine National Police shall be followed by
the Regional Police Commission in the absence of rules and
regulations enacted by the Regional Assembly.
SEC. 11. Regional Defense and Security. – The defense
and security of the autonomous region shall be the responsibility
of the central government or 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 central government or national government shall have
the authority to station and deploy in the autonomous region
such elements of the Armed Forces as may be necessary to carry
out that responsibility. Qualified inhabitants of the autonomous
region shall be given preference for assignments in the said
regional command.
SEC. 12. Calling Upon the Armed Forces. – The provisions
of the preceding sections notwithstanding, the Regional Governor
may request the President to call upon the Armed Forces of the
Philippines:
(1) To prevent or suppress lawless violence, invasion, or
rebellion, when the public safety so requires, in the autonomous
region in accordance with the provisions of the Constitution;
(2) To suppress the danger to or breach of peace in the
autonomous region, when the Regional Police Force is not able to
do so; or,
(3) To avert any imminent danger to public order and
security in the area of autonomy.
The President may on his own accord send the Armed Forces
of the Philippines into the autonomous region to attain the above
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objectives if the Regional Governor does not act within fifteen (15)
days after the occurrence of the events mentioned above that need
to be suppressed, prevented, or suppressed.
SEC. 13. Indigenous Structures. – The Regional
Government shall recognize indigenous structures or systems
which promote peace, law, and order.
ARTICLE XIV
Education, Science and Technology, Arts, and Sports
SECTION 1. Quality Education, A Top Priority. – The
Regional Government shall establish, maintain, and support as
a top priority a complete and integrated system of quality education
and adopt an educational framework that is meaningful, relevant,
and responsive to the needs, ideals, and aspirations of the people
in the region.
The schools, colleges, and universities existing in the
autonomous region as of the date of the approval of this Organic
Act and such other schools and institutions that may be established
in the region shall be deemed integral components of the
educational system of the Regional Government.
The educational system of the Regional Government shall
be deemed a subsystem of the national educational system. The
regional educational subsystem shall enjoy fiscal autonomy and
academic freedom.
Educational Policies
SEC. 2. Policies and Principles. – Consistent with the basic
state policy on education, the Regional Government shall adopt
the following educational policies and principles:
(a) Perpetuation of Filipino and Islamic values. The
regional educational subsystem shall perpetuate Filipino and
Islamic values and ideals, aspirations, and orientations. It shall
develop the total spiritual, intellectual, social, cultural, scientific,
and physical aspects of the people of the autonomous region to
make them god-fearing, productive, patriotic citizens, and
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conscious of their Filipino and Islamic values and cultural
heritage;
(b) Inculcation of values of peaceful settlement of disputes.
The regional educational subsystem shall prioritize the inculcation
among the citizenry and students of their commitment to the
peaceful settlement of disputes and grievances and the avoidance
of the use of lawless violence.
To this end, emphasis shall be placed on the desirability
and practicality of relying upon democratic and legal processes
rather than on the use of guns or resort to violence to settle
personal, familial, or tribal problems. The Regional Assembly
may, by law, establish a program for the surrender of firearms
with payment of compensation provided by the Regional
Government. The program may also be supported from the funds
of the Philippine National Police.
(c) Optional religious instruction. Religious instruction in
public schools shall be optional, with the written consent of the
parent or guardian, and taught by the authorities of the religion
to which the student belongs. The teaching of religion shall not
involve additional costs to the government in accordance with
national policies;
(d) Inculcation of patriotism and nationalism. To develop,
promote, and enhance unity in diversity, all schools in the
autonomous region shall inculcate into the minds of their students
the values of patriotism and nationalism, appreciation of the role
of national and regional heroes in the historical development of
the country and region, foster love of humanity, respect for human
rights, and teach the rights and duties of citizenship, and the
cultures of the Muslims, Christians, and tribal peoples in the
region;
(e) Vocational and special education. The thrusts,
programs, and administration of vocational, non-formal, and
special education shall be supported and made relevant to the
manpower needs of the region;
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(f) Scholarships, student loans and scholarships. A system
of scholarship programs, grants, student loans, subsidies, and
other incentives shall be made available to all poor but deserving
students;
(g) Funding for local education programs. Funding for
local educational programs shall be the responsibility of the
Regional Government;
(h) Community participation in education. The active
participation of the home, community, religious organizations,
and other sectors in the total educative process of the child shall
be encouraged and supported;
(i) Development of regional language. A regional language
may be evolved and developed from the different dialects in the
region;
(j) Media of instruction in schools. Filipino and English
shall be the media of instruction in all schools in the autonomous
region. Arabic shall be an auxiliary medium of instruction;
(k) Teaching of Arabic as subject. Arabic shall be taught
as a subject in all grade levels as required for Muslims under
existing laws and optional, for non-Muslims;
(l) Auxiliary official languages. Regional languages may
be used as auxiliary official languages in the region as well as
auxiliary media of instruction and communication;
(m) Develop ethnic identity. Education in the autonomous
region shall develop consciousness and appreciation of one's ethnic
identity and shall provide a better understanding of another
person's cultural heritage for the attainment of national unity
and harmony;
(n) The Regional Government shall recognize the
participation of private institutions of learning, including the
Madaris (Arabic schools), in providing quality education to the
people of the region; and
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(o) (1) Basic education structure. The elementary level
shall follow the basic national structure and shall provide basic
education, the secondary level will correspond to four (4) years of
high school, and the tertiary level shall be one year to three (3)
years for non-degree courses and four (4) to eight (8) years for
degree courses, as the case may be, in accordance with existing
laws.
(2) Social studies subjects contents. Filipino and Islamic
values shall be incorporated in the social studies subjects or their
equivalent in appropriate grade levels and subject to agreed norms,
academic freedom, and legal limitations. These values shall be
taught also as a part of appropriate subjects in the secondary and
tertiary levels of education.
(3) Textbook preparation, writing, revision and printing.
The preparation, writing, revision, and printing of textbooks for
the use of the schools in the autonomous region shall be the joint
responsibility of the Regional Government and the central
government or national government. Subject to agreed norms,
academic freedom, and relevant legal limits, the preparation,
writing, revision, and printing of the textbooks shall emphasize
Filipino and Islamic values. The said values shall include those
of Muslims, Christians, and indigenous peoples, human rights,
modern sciences and technology, as well as, the latest advances
in education that are relevant to the ideals of the autonomous
region and to the Republic.
(4) Accreditation for transfer to other schools. After they
shall have passed the core curriculum prescribed by the central
government or national government, the students and graduates
of the education system of the autonomous region shall be fully
accredited for transfer to the corresponding grade levels in the
schools outside the autonomous region.
(5) Period for integration of Islamic values. The integration
of Islamic values in the curriculum of the regional educational
subsystem shall be done over a period of six (6) years from the
approval of this Organic Act after appropriate researches and
studies shall have been conducted, evaluated, and approved by
the regional education authorities.
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(6) Primary responsibility for learning aids and
instructional materials. The Regional Government shall have
the primary responsibility to provide learning aids and
instructional materials to the schools in the autonomous region
in addition to those already prescribed by the central government
or national government.
(7) Responsibility for selection, recruitment, appointment,
promotion, and civil service protection of teachers and nonteaching
personnel. (a) The selection, recruitment, appointment,
and promotion of teaching and non-teaching personnel of the
regional educational subsystem shall be the responsibility of the
Regional Government. The teaching and non-teaching personnel
of the regional educational subsystem who have appropriate civil
service eligibility may not be replaced, removed, or dismissed
without just cause.
(b) The Regional Government may impose its regionallydefined
standards for the employment of teaching and nonteaching
personnel in its school system which, however, shall
not be lower than the standards of the Department of Education,
Culture and Sports.
(c) In the selection, recruitment, appointment, and
promotion of elementary, secondary, and tertiary education
teaching and non-teaching personnel, the minimum requirements
and standards prescribed by the Department of Education, Culture
and Sports, the Commission on Higher Education, and the
Technical Education and Skills Development Authority shall be
observed by the regional educational subsystem.
(8) Preservation of culture, mores, customs, and
traditions. The culture, mores, customs, and traditions of the
Muslim people and those of the Christians and indigenous people,
shall be preserved, respected, enhanced, and developed.
(9) Schools to preserve, enhance, and develop cultures,
mores, customs, and traditions. The regular public and Madaris
schools in the autonomous region shall be the primary vehicles
for the preservation, enhancement, and development of the said
cultures, mores, customs, and traditions.
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SEC. 3. Regional Educational Curricula. – The Regional
Department of Education, Culture and Sports shall develop
curricula that are relevant to the economic, social, political,
cultural, moral, and spiritual needs of the people in the autonomous
region.
SEC. 4. Education, Management, and Control of Education.
– The management, control, and supervision of the regional
educational subsystem shall be the primary concern of the
Regional Government.
The Department of Education, Culture and Sports, the
Commission on Higher Education, and the Technical Education
and Skills Development Authority, and other appropriate
educational bodies of the central government or national
government shall monitor compliance by the regional educational
subsystem with national educational policies, standards, and
regulations. The Department of Education, Culture and Sports,
the Commission on Higher Education, and the Technical Education
and Skills Development Authority of the Regional Government
shall participate in policy and decision-making activities of their
counterparts of the central government or national government
in matters that affect the regional educational subsystem.
Educational Structure
SEC. 5. The Regional Assembly may, by law, create,
support, and maintain a regional Department of Education,
Culture and Sports, and shall define its powers, functions and
composition.
SEC. 6. Private Schools Supervision. – (a) The Regional
Department of Education, Culture and Sports shall be responsible
for the supervision and regulation of private schools.
(b) Private schools, including sectarian and non-sectarian
institutions of learning of whatever level, may organize themselves
and shall have the right to participate and be represented by
three (3) representatives in the deliberations of the Regional
Department of Education, Culture and Sports on matters dealing
with private schools.
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(c) The representatives of the private schools to the
Regional Department of Education, Culture and Sports shall act
for the sectarian Christian schools, non-sectarian schools, and
the schools of the lumads, if any.
(d) The right of sectarian educational institutions to
propagate their religious beliefs shall be not be curtailed. The
regional educational subsystem shall not discriminate against
the sectarian educational institutions in any manner or form.
SEC. 7. Educational Subsystem Structure. – The
organizational structure of the regional educational subsystem
shall follow the basic structure of the educational system of the
central government or national government. The Regional
Assembly may, however, create its own structures. It shall
prescribe the same curricular years as those prescribed nationally.
SEC. 8. Academic Freedom and Fiscal Autonomy. – State
colleges and universities shall be part of the regional educational
subsystem within the autonomous region and shall enjoy academic
freedom and fiscal autonomy and shall continue to be governed
by their respective charters. The provisions of existing laws to
the contrary notwithstanding, the Regional Government shall be
represented in the board of state universities and colleges in the
region by the Chair of the Committee on Education, Culture and
Sports of the Regional Assembly either as co-chair or co-vice chair.
SEC. 9. Education Centers. – All state colleges and
universities in the autonomous region shall serve as regional
centers for tertiary and post graduate education in their respective
areas of competence.
SEC. 10. Tribal University System. – The Regional
Assembly may create a tribal university system within the
autonomous region to address the higher educational needs of the
indigenous cultural communities in the region.
Madrasah Education
SEC. 11. Supervision of Madaris Schools. – Accredited
madaris in the autonomous region shall be supervised by the
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Department of Education, Culture and Sports in accordance with
the principles of the Constitution and this Organic Act. The
educational policies should also take into consideration the
teaching of the Koran that an educational system should inculcate
respect by individuals for duly constituted authority. A periodic
review and supervision of the 'Madaris' educational system shall
be conducted by the Department of Education, Culture and Sports
and a monthly report shall be submitted by the Department to
Congress through the Senate President, the Speaker and the
Chairs of respective education committees of both Houses of
Congress or the corresponding committees of the Regional
Assembly of the autonomous region in Muslim Mindanao, if there
are such committees in the said Assembly.
SEC. 12. Madrasah Educational System; Arabic as
Medium of Instruction. – The Regional Assembly shall enact
legislation for the strengthening and development of the Madrasah
Educational System in the autonomous region.
Arabic is hereby recognized as a medium of instruction in
madaris (schools) and other Islamic institutions.
SEC. 13. Madaris. – Existing madaris and madaris ulya
are deemed parts of the regional educational subsystem.
SEC. 14. Madaris Teachers Qualifying Examinations;
Compensation. – The Regional Department of Education, Culture
and Sports shall, in coordination with the Regional Commission
on Higher Education, conduct periodic competitive qualifying
examinations of madaris teachers for permanent appointments
to the regional educational subsystem.
The compensation of madaris teachers employed in the
public schools of the autonomous region shall be taken from the
funds of the Regional Government.
Science and Technology
SEC. 15. Science and Technology. – Science and
Technology are recognized as essential to national and regional
progress and development.
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SEC. 16. Priority Legislation. – The Regional Assembly
shall enact laws that shall:
(a) Give priority to science, research, inventions,
technology, education, and their development and utilization;
(b) Provide incentives, including tax deduction and funding
assistance, and encourage the participation of the private sector
in basic and applied scientific researches;
(c) Regulate the transfer and promote the adoption of
technology from all sources for regional benefit;
(d) Secure and protect the exclusive rights of scientists,
inventors, scholars, writers, artists, and other gifted citizens to
their intellectual properties; and
(e) Ensure the full and effective participation of all sectors
in the planning, programming, coordination, and implementation
of scientific and technological researches and the acquisition,
adoption, innovation, and application of science and technology
for development.
SEC. 17. Environmental Changes. – The regional
educational subsystem shall endeavor to respond positively and
effectively to the climatic changes affecting the environment. It
shall monitor and evaluate ecological developments affecting the
region and develop appropriate plans to meet ecological situations.
To this end, it may establish linkages with appropriate domestic
and international institutions.
SEC. 18. Non-Formal Education. – The Regional
Department of Education, Culture and Sports shall institutionalize
non-formal education in scope and methodology, to include literacy,
numeracy, and intensive skills training of the youth and adults.
Scholarship Grants and Assistance
SEC. 19. Donations to Universities, Colleges and Schools.
– Public or private universities, colleges, and schools in the
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autonomous region may seek and receive local or foreign donations
for educational purposes. Donors to public or private universities,
colleges, and schools may deduct the amount of the donation from
their taxable income due to the Regional Government.
SEC. 20. Scholarship Programs. – The Regional
Government shall provide scholarships to qualified poor but
deserving students in all levels of education. To this end, the
Regional Government shall devote, at least, fifteen percent (15%)
of its regular budget for education to support scholarships and
shall endeavor to augment the funds for scholarships from other
sources of revenue, public or private.
The Regional Government shall administer the scholarship
programs of the Commission on Higher Education and the
Technical Education and Skills Development Authority
scholarship programs, both local and foreign within the region.
The administrative and other details of this transfer of authority
to administer the scholarship programs shall be done within six
(6) months from the approval of this Organic Act.
SEC. 21. Financial Assistance for Disadvantaged,
Deserving Students. – The Regional Government shall provide
financial assistance to disadvantaged but deserving students from
any funds including those provided by the central government or
national government for that purpose.
Funds for Education
SEC. 22. Release of Education Funds. – Educational funds
for the Regional Government allocated by the central government
or national government in the General Appropriations Act shall
be released directly to the treasurer of the Regional Government.
Physical Education and Sports Development
SEC. 23. Physical Education and Sports Development. –
The regional educational subsystem shall develop and maintain
an integrated and comprehensive physical education program. It
shall develop healthy, disciplined, creative, innovative, and
productive individuals, and promote the spirit of sportsmanship,
cooperation, teamwork, goodwill, and understanding.
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SEC. 24. Sports Programs. – The regional educational
subsystem shall encourage and support sports programs, league
competitions, indigenous games, martial arts, and amateur sports,
including training for regional, national and international
competitions.
Cultural Heritage
SEC. 25. Cultural Heritage. – The cultural heritage of the
people of the autonomous region shall be an integral component
of regional development.
SEC. 26. Protection and Promotion of Culture. – The
Regional Government shall recognize, respect, protect, preserve,
revive, develop, promote, and enhance the culture, customs,
traditions, beliefs, and practices of the people of the autonomous
region. It shall encourage and undertake the recovery, collection,
collation, and restoration of historical and cultural properties for
posterity.
SEC. 27. Bureau of Cultural Heritage. – The Regional
Assembly may, by law, create a bureau on cultural heritage. The
Bureau shall plan, initiate, implement, and monitor cultural
programs, projects, and activities that preserve and enhance the
positive elements of the indigenous culture of the inhabitants of
the autonomous region. It shall coordinate with other concerned
agencies engaged in similar and related activities.
ARTICLE XV
Social Justice, Services, Institutions, and Other Concerns
SECTION 1. Promotion of Social Justice. – The promotion
of social justice shall include the commitment to create social,
political, and economic opportunities based on freedom of initiative,
resourcefulness, and self-reliance.
SEC. 2. (a) Social Services. The Regional Assembly shall,
consistent with the provisions of the Constitution and existing
national laws, enact measures to provide and promote social
services.
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(b) Food and Drug Regulation. The Regional Assembly
shall, by law, establish and maintain an effective food and drug
regulatory system. The rational use of drugs through an essential
drugs list and the use of generic medicines or drugs, as well as
the use of herbal medicines and indigenous health resources,
whenever appropriate, shall be encouraged and promoted.
(c) Other Legislation. The Regional Assembly shall also
enact legislation on the following:
(1) Child health and development, including the support of
the physically challenged and other disadvantaged persons in need
of welfare services;
(2) Protection and development of the rights of women and
of indigenous population;
(3) Registration of births, marriages and deaths; and
(4) Fixing of regional public holidays.
SEC. 3. Housing Program. – The Regional Government,
in cooperation with the private sector, shall evolve its own housing
program that will provide adequate, low-cost, and decent housing
facilities, and other basic services to the residents of the region,
especially the underprivileged.
SEC. 4. The Regional Assembly shall, within one year from
its organization, enact measures embodying re-integration
programs responsive to the needs of former rebels who return to
the fold of the law. A rehabilitation program shall be provided for
displaced persons or communities that are victims of man-made
or natural calamities.
SEC. 5. Family as Nation's Foundation. – The Regional
Government recognizes the Filipino family as the foundation of
the nation. It shall strengthen its solidarity and actively promote
its total development.
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SEC. 6. Women's Rights. – The Regional Government
recognizes the role of women in nation building and regional
development. It shall promote their well-being and ensure their
fundamental rights and equality with men.
The Regional Government shall take appropriate measures
against all forms of exploitation of and discrimination against
women.
It shall ensure the representation of women in appropriate
decision and policy-making bodies.
SEC. 7. Youth. – The Regional Government recognizes the
vital role of the youth in nation building.
The Regional Assembly may, by law, create the Office of
Youth Affairs and define its powers, functions, and composition.
SEC. 8. People's Organization. – The Regional Government
shall protect and promote the rights of people's organizations.
SEC. 9. Protection of Labor. – The Regional Government
recognizes labor as a primary social economic force for
development. It shall afford full protection to labor, promote full
employment, ensure equal work opportunities regardless of sex,
race, or creed, and regulate the relations between workers and
employers.
The Regional Government shall ensure the right of labor
to its just share in the fruits of production, and the right of
enterprise to reasonable returns on investments and to expansion
and growth.
ARTICLE XVI
General Provisions
SECTION 1. The Regional Assembly is hereby empowered
to pass a law adopting an official regional emblem, seal, and hymn.
The regional emblem and seal shall be displayed along with the
national emblem and seal. The regional hymn shall be sung in
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after the national anthem in official proceedings at the discretion
of the government officials in the autonomous region.
SEC. 2. Disciplinary Authority Over Officials and
Employees. – The Regional Government shall have primary
disciplinary authority over officials and employees of the Regional
Government. In the exercise of that authority, the Regional
Government shall apply the Civil Service Law, rules and
regulations of the central government or national government
until the Regional Assembly shall have enacted a Regional Civil
Service Law.
The Regional Civil Service Law shall govern the conduct of
the civil servants, the qualifications for non-elective positions,
and the protection of civil service eligibles in various government
positions in the autonomous region. The Regional Civil Service
Law shall be consistent with the provisions of Article IX (B) of the
Constitution.
SEC. 3. Oath of Office. – All public officers and employees,
as well as members of the Regional Police Force and the military
establishment, shall be required to take an oath of allegiance to
the Republic of the Philippines, to support and defend the
Constitution and this Organic Act, renounce the use of violence,
and commit themselves to democratic means in the pursuit of
their ideals and aspirations.
SEC. 4. Civil Service Eligibility. – Until the Regional
Assembly shall have enacted a civil service law, the civil service
eligibilities required by the central government or national
government for appointments to public positions shall likewise
be required for appointments to government positions in the
Regional Government. As may be necessary, the Civil Service
Commission shall hold special civil service examinations in the
autonomous region. For a period not longer more than six (6)
years from the approval of this Organic Act, the central
government or national government shall endeavor to provide
appropriate civil service eligibility to applicants coming from the
autonomous region for government positions therein. The
minimum qualifications prescribed by law shall, however, be met.
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SEC. 5. Prohibition Against Employment of Military
Personnel in Civil Service. – No member of the Armed Forces of
the Philippines in the active service shall, at any time, be
appointed or designated in any capacity to a civilian position in
the Regional Government, including government-owned or
-controlled corporations, or in any of their subsidiaries or
instrumentalities within the autonomous region.
SEC. 6. Promulgation and Translation of Organic Act. –
This Organic Act shall be officially promulgated in Filipino,
English, and Arabic and translated into the dialects widely spoken
in the autonomous region. In case of conflict, the English text
shall prevail.
ARTICLE XVII
Amendments or Provisions
SECTION 1. Consistent with the provisions of the
Constitution, this Organic Act may be reamended or revised by
the Congress of the Philippines upon a vote of two-thirds (2/3) of
the Members of the House of Representatives and of the Senate
voting separately.
SEC. 2. The Regional Assembly shall have the power to
initiate proposals for amendment to or revisions 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 by a
vote of two-thirds (2/3) of the Members of the House of
Representatives and of the Senate voting separately.
SEC. 3. Any amendment to or revision of this Organic Act
shall become effective only when approved by a majority of the
vote 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 amendment or revision.
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ARTICLE XVIII
Transitory Provisions
SECTION 1. Disposition of Certain Real Properties of the
Autonomous Region. The land and permanent buildings or
structures owned, controlled, administered, or in the possession
of the Regional Government of the Autonomous Region in Muslim
Mindanao, including those formerly owned, held, administered,
or controlled by the defunct autonomous governments in Regions
IX and XII located in provinces and cities which do not vote
favorably for the inclusion of their respective areas in the
Autonomous Region in Muslim Mindanao as provided by this
Organic Act shall be purchased by the central government or
national government at a price to be determined by the Oversight
Committee as provided for in Section 3 of this Article, within
three (3) months from the holding of the said plebiscite. Any dispute
on the price as determined by the Oversight Committee may be
appealed to the President of the Philippines, who shall decide on
said price with finality within three (3) months from the receipt
of the appeal. The proceeds of the purchase shall be remitted to
the Regional Government of the Autonomous Region in Muslim
Mindanao.
The national government or central government shall
within three (3) months from its acquisition of said land and
permanent buildings or structures sell, transfer, and convey the
said properties in favor of the local government unit having
territorial jurisdiction thereover and willing to purchase the said
land and buildings or structures, or portions thereof, at the price
agreed upon by the central government or national government
with the local government concerned.
SEC. 2. Personnel Absorbed by Regional Government. –
All personnel of the central government or national government
and of government-owned or -controlled corporations who are
absorbed by the Regional Government shall retain their seniority
rights, compensation levels, and other benefits.
SEC. 3. Oversight Committee. – Within one (1) month from
the approval of this Organic Act, an oversight committee composed
of: (a) the Executive Secretary as Chairman, (b) the Secretary of
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Budget and Management, (c) the Regional Governor of the
autonomous region, (d) the Speaker of the Regional Assembly, (e)
the Chair of the Senate Committee on Local Government, (f) one
(1) other Senator designated by the Senate President, (g) the Chair
of the House Committee on Local Government, and (h) one (1)
other representative representing a congressional district in the
Autonomous Region in Muslim Mindanao 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 as ordained by
this Organic Act, 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 receiving it. If the President fails to act within said
period, the recommendations of the oversight committee shall be
deemed approved.
SEC. 4. Agencies and Offices Transferred to the
Autonomous Region. – Upon the election of the officials of the
Regional Government, as mandated by this Organic Act, the line
agencies and offices of the central government or national
government dealing with local government, social services, 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 central government or national government offices
and agencies in the autonomous region which are not excluded
under Section 3, Article IV of this Organic Act, together with
their personnel, equipment, properties, and budgets, shall be
placed under the control and supervision of the Regional
80
Government pursuant to a schedule prescribed by the oversight
committee mentioned in Section 3 of this Article. The transfer of
these offices and agencies and their personnel, equipment,
properties, and budgets shall be accomplished within six (6) years
from the re-organization of the Regional Government.
The central government or national government shall
continue to provide such levels of expenditures as may be necessary
to enable the Regional Government to carry out the functions
devolved under this Organic Act. The annual budgetary support
shall, as soon as practicable, terminate for the line agencies or
offices devolved to the Regional Government.
SEC. 5. Notwithstanding the provisions of the preceding
section, the Government Service Insurance System (GSIS), the
Social Security System (SSS), 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.
SEC. 6. Budgetary Law, Rules, and Regulations. – Pending
the enactment of a regional budgetary law, the budgeting process
of the Regional Government shall be governed by pertinent rules
and regulations prescribed by the Department of Budget and
Management.
SEC. 7. First Regular Elections. – The first regular
elections of the Regional Governor, Regional Vice Governor and
members of the regional legislative assembly under this Organic
Act shall be held on the second Monday of September 2001. The
Commission on Elections shall promulgate rules and regulations
as may be necessary for the conduct of said election.
The election of the Regional Governor, Regional Vice
Governor, and members of the Regional Legislative Assembly of
the Autonomous Region In Muslim Mindanao (ARMM) set forth
in Republic Act No. 8953 is hereby reset accordingly.
81
The funds for the holding of the ARMM elections shall be
taken from the savings of the national government or shall be
provided in the General Appropriations Act (GAA).
SEC. 8. The incumbent Regional Governor, Regional Vice
Governor, and members of the Regional Legislative Assembly of
the Autonomous Region in Muslim Mindanao shall continue in
office pursuant to existing laws and until their successors shall
have been duly elected and qualified.
SEC. 9. Within one (1) year from its organization, the
Regional Assembly shall, by law, create a code commission on
Muslim and a code commission on tribal laws. Each code
commission shall have three (3) members. The code commissions
shall codify tribal laws and Islamic laws and jurisprudence within
three (3) years from their creation and submit the same to the
Regional Assembly for enactment into law.
The Chairs and Commissioners of the code commissions
shall be entitled to reasonable per diems for the work.
SEC. 10. Initial Funds for the Regional Government. –
The sum of Fifteen million pesos (P15,000,000), which shall be
charged against the Contingent Fund of the President, is hereby
appropriated for the initial organizational requirements of the
Regional Government. Any deficiency shall be taken from savings
of the central government or national government. An amount
not exceeding Ten million pesos (P10,000,000) thereof shall be
allotted to the Commission on Elections to undertake an
information campaign on this Organic Act. The Commission on
Elections shall determine the manner of campaigning and the
deputization of government agencies for the purpose. The
Commission on Elections shall adopt measures to ensure the
dissemination of the said impartial information campaign.
SEC. 11. Annual Assistance. – In addition to the regular
annual allotment to fund the regular operations of the Regional
Government, such amounts as may be needed to fund the
infrastructure projects duly identified, endorsed, and approved
by the Regional Economic and Development Planning Board as
created herein shall be provided by the central government or
82
national government as annual assistance for six (6) years after
the approval of this Organic Act, and shall be included in the
annual General Appropriations Act (GAA). The annual assistance
herein mentioned shall be appropriated and disbursed through a
Public Works Act duly enacted by the Regional Assembly. The
national programs and projects in the autonomous region shall
continue to be financed by central government or national
government funds.
SEC. 12. Sectoral Representatives. – The sectoral
representatives mentioned in Section 3, Article VI of this Organic
Act, shall be chosen by the sectoral groups concerned at sectoral
conventions called for the purpose by the Commission on Elections.
The sectoral conventions shall be held within three (3) months
after the date of the holding of the simultaneous plebiscites
mandated by this Organic Act.
The Commission on Elections (COMELEC) shall formulate
the rules and regulations to ensure equitable sectoral
representations in the Regional Assembly. It shall identify and
accredit the sectoral organizations, which shall be entitled to
sectoral representation in the Regional Assembly.
The Regional Assembly shall enact a law for the election of
marginalized and under-represented sectors, following the
principle of proportional representation, within its first term
following the approval of this Organic Act.
SEC. 13. Plebiscite and Effectivity of this Organic Act. –
This Organic Act shall take effect when approved by a majority
of the votes cast in the four (4) provinces constituting the present
Autonomous Region in Muslim Mindanao pursuant to Republic
Act No. 6734, the Organic Act for the Autonomous Region in
Muslim Mindanao.
A separate plebiscite shall be held simultaneously with the
plebiscite mentioned in the preceding paragraph in the Provinces
of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Palawan,
Sarangani, South Cotabato, Sultan Kudarat, Zamboanga del
Norte, Zamboanga del Sur and the newly created Province of
Zamboanga Sibugay, and the cities of Cotabato, Dapitan, Dipolog,
83
General Santos, Iligan, Marawi, Pagadian, Puerto Princesa,
Zamboanga, Digos, Koronadal, Tacurong, and Kidapawan to
determine by majority vote cast in every province and city whether
or not the voters approve the inclusion of their respective provinces
or cities in the autonomous region. Only provinces and cities
voting favorably in such plebiscite shall be included in the
Autonomous Region in Muslim Mindanao.
If the majority of the votes cast in the said plebiscite in the
four (4) provinces favor the amendments to Republic Act 6734,
the amendments will be deemed ratified.
SEC. 14. Plebiscite Information Campaign. – The
Commission on Elections shall conduct an information campaign
on the plebiscite in every municipality, city, and province where
the plebiscite is held. Public conferences, assemblies, or meetings
on dates before the plebiscite day, itself, shall be held to inform
the residents thereof regarding the significance and meaning of
the plebiscite and to help them to cast their votes intelligently.
Free, full, and constructive discussion and exchange of views on
the issues shall be encouraged. For this purpose, the assistance
of persons of known probity and knowledge may be enlisted by
the Commission on Elections, the Regional Government, the local
government units or interested parties to act as speakers or
resource persons.
SEC. 15. Promulgation of Rules; Appropriations for
Simultaneous Plebiscites. – The Commission on Elections shall
within fifteen (15) days from the approval of this Organic Act,
promulgate such rules and regulations as may be necessary to
govern the conduct of the plebiscites.
The amount necessary for the conduct of the plebiscites
shall be charged against any savings of the appropriations of the
Commission on Elections and any deficiency thereof, shall be
augmented from the contingent fund.
SEC. 16. Zone of Peace and Development. – The Special
Zone of Peace and Development in the Southern Philippines, the
Southern Philippines Council for Peace and Development, and
the Consultative Assembly created under Executive Order No.
84
371 dated October 2, 1996, are deemed abolished and shall cease
to exist as of the date of the approval of this Organic Act in the
said plebiscites. If this Organic Act is rejected in the said
plebiscites, the aforementioned bodies shall continue to exist only
in the four (4) provinces constituting the present ARMM and in
the provinces and cities that opt to join the expanded autonomous
region until abolished by law.
SEC. 17. Separability Clause. – The provisions of this
Organic Act are hereby declared to be separate and in the event
one or more of such provisions are held unconstitutional, the
validity of other provisions shall not be affected thereby.
SEC. 18. Repealing Clause. – All laws, decrees, orders,
rules and regulations, and other issuances or parts thereof, which
are inconsistent with this Organic Act, are hereby repealed or
modified accordingly.
SEC. 19. Effectivity Clause. – This Organic Act shall take
effect after fifteen (15) days following its complete publication in
at least two (2) national newspapers of general circulation and
one (1) local newspaper of general circulation in the autonomous
region.
Lapsed into law on March 31, 2001 without the President's
signature, pursuant to Sec. 27(1), Article VI of the Constitution.
ARTICLE II
THE AUTONOMOUS REGION
Area and Seat of Government
SECTION 1. Expanded Autonomous Region. – (1) The
Autonomous Region in Muslim Mindanao which, under the
provisions of Republic Act No. 6734, the Organic Act for the
Autonomous Region in Muslim Mindanao, is composed of the four
provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi,
is hereby expanded to include the provinces and cities, enumerated
hereunder, which vote favorably to be included in the expanded
area of the autonomous region and for other purposes, in a
plebiscite called for that purpose in accordance with Section 18,
Article X of the Constitution.
The new area of autonomy shall then be determined by the
provinces and cities that will vote/choose to join the said autonomy.
It is understood that Congress may by law which shall be
consistent with the Constitution and in accordance with the
provisions of Republic Act No. 7160, the Local Government Code
of 1991, provide that clusters of contiguous-Muslim-dominated
municipalities voting in favor of autonomy be merged and
constituted into a new province(s) which shall become part of the
new Autonomous Region.
(2) Plebiscite Coverage. The plebiscite shall be conducted
in the provinces of Basilan, Cotabato, Davao del Sur, Lanao del
Norte, Lanao del Sur, Maguindanao, Palawan, Sarangani, South
Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del
Norte, Zamboanga del Sur and the newly created Province of
Zamboanga Sibugay, and (b) in the cities of Cotabato, Dapitan,
Dipolog, General Santos, Iligan, Kidapawan, Marawi, Pagadian,
Puerto Princesa, Digos, Koronadal, Tacurong and Zamboanga.
(a) PLEBISCITE QUESTION FOR VOTERS OF THE
FOUR ORIGINAL PROVINCES OF THE AUTONOMOUS
REGION. For the voters of the provinces of Maguindanao, Lanao
del Sur, Sulu and Tawi-Tawi which are already members of the
autonomous region under the provisions of Republic Act No. 6734,
the Organic Act for the Autonomous Region in Muslim Mindanao,
the question to be asked in the plebiscite of the voters therein
3
shall be as follows: Do you vote in favor of the amendments to
Republic Act No. 6734, the Organic Act for the Autonomous Region
in Muslim Mindanao, as proposed under this Organic Act, which
includes, among other things, the expansion of the area of the
autonomous region?
(b) PLEBISCITE QUESTION FOR THE VOTERS OF
THE PROVINCES AND CITIES PROPOSED FOR INCLUSION
IN THE EXPANDED AUTONOMOUS REGION. For the voters
of the provinces of Basilan, Cotabato, Davao del Sur, Lanao del
Norte, Palawan, Sarangani, South Cotabato, Sultan Kudarat,
Zamboanga del Norte, Zamboanga del Sur, and the newly created
Province of Zamboanga Sibugay, and the cities of Cotabato,
Dapitan, Dipolog, Digos, Koronadal, Tacurong, General Santos,
Iligan, Kidapawan, Marawi, Pagadian, Puerto Princesa, and
Zamboanga, which compose the provinces and cities that are
proposed for inclusion in the expanded area of the autonomous
region, the question to be asked in the plebiscite of the voters
therein shall be as follows: Do you vote in favor of the inclusion of
your province or city in the Autonomous Region in Muslim
Mindanao?
SEC. 2. Results of the Plebiscite. – (a) In the four provinces.
If the majority of the voters of the four provinces of Lanao del
Sur, Maguindanao, Sulu, and Tawi-Tawi vote in favor of the abovementioned
proposed amendments, the amendments are deemed
ratified. Otherwise, the amendments are deemed rejected except
as regards the inclusion of the provinces and cities that vote for
their inclusion in the autonomous region as provided in this
Organic Act, in which case, the said provinces and cities shall
become members of the autonomous region.
(b) In the provinces or cities proposed for inclusion in the
expanded area of the autonomous region. A majority of the votes
cast in the plebiscite in every province or city in favor of the
inclusion of the province or city as members of the expanded area
of the autonomous region as provided in this Organic Act shall
effect their membership in the autonomous region.
SEC. 3. Seat of Autonomous Government. – The regional
legislative assembly, hereinafter referred to as the Regional
4
Assembly, shall by law, fix the permanent seat of government of
the regional government in any province or city that is a member
of the autonomous region, taking into consideration accessibility
and efficiency in which its mandate may be carried out under
this Organic Act.
Until the seat of the regional government is transferred as
provided above, its provisional seat shall be in Cotabato City. The
Regional Assembly elected after the plebiscite mentioned in this
Organic Act, shall, within its term, identify the site of the
permanent seat of the regional government. The central
government which shall also mean the national government shall
appropriate funds for the transfer of the provisional seat to its
permanent site as determined by the Regional Assembly.
ARTICLE III
Guiding Principles and Policies
SECTION 1. Integral Part of the Republic. – The
Autonomous Region in Muslim Mindanao shall remain an
integral and inseparable part of the national territory of the
Republic as defined by the Constitution and existing laws.
The autonomous region shall be governed and administered
in accordance with the laws enacted by the Regional Assembly
and by this Organic Act.
SEC. 2. Peaceful Settlement of Conflicts. – The Regional
Autonomous Government shall adopt the policy of settlement of
conflicts by peaceful means, and renounce any form of lawless
violence as an instrument of redress.
SEC. 3. Devolution of Powers. – The regional government
shall adopt a policy on local autonomy whereby regional powers
shall be devolved to local government units particularly in areas
of education, health, human resource, science and technology and
people empowerment. Until a law implementing this provision is
enacted by the Regional Assembly, Republic Act No. 7160, the
Local Government Code of 1991, shall continue to apply to all the
provinces, cities, municipalities, and barangay within the
autonomous region.
5
The Regional Assembly may not pass any law to diminish,
lessen, or reduce the powers, functions, and shares in the internal
revenue taxes of the said local government units as provided by
Republic Act No. 7160, the Local Government Code of 1991.
SEC. 4. Charters Govern Cities. – All chartered cities within
the autonomous region shall continue to be governed by their
charters. Nothing in this Organic Act shall be construed as to
diminish the powers and functions already enjoyed by these cities.
SEC. 5. Customs, Traditions, Religious Freedom
Guaranteed. – The beliefs, customs, and traditions of the people
in the autonomous region and the free exercise of their religions
as Muslims, Christians, Jews, Buddhists, or any other religious
denomination in the said region are hereby recognized, protected
and guaranteed.
The Regional Assembly shall adopt measures to ensure
mutual respect for and protection of the distinct beliefs, customs,
and traditions and the respective religions of the inhabitants
thereof, be they Muslims, Christians, Jews, Buddhists, or any
other religious denomination. The Regional Assembly, in
consultation with the Supreme Court and consistent with the
Constitution, may formulate a Shari'ah legal system including
the criminal cases, which shall be applicable in the region, only
to Muslims or those who profess the Islamic faith. The
representation of the regional government in the various central
government or national government bodies as provided for by
Article V, Section 5 shall be effected upon approval of the measures
herein provided.
The Shari'ah courts shall have jurisdiction over cases
involving personal, family and property relations, and commercial
transactions, in addition to their jurisdiction over criminal cases
involving Muslims.
The Regional Assembly shall, in consultation with the
Supreme Court, determine the number and specify the details of
the jurisdiction of these courts.
6
No person in the autonomous region shall be subjected to
any form of discrimination on account of creed, religion, ethnic
origin, parentage or sex.
The regional government shall ensure the development,
protection, and well-being of all indigenous tribal communities.
Priority legislation in this regard shall be enacted for the benefit
of those tribes that are in danger of extinction as determined by
the Southern Philippines Cultural Commission.
SEC. 6. Filipino and Islamic Values In Educational
Policies. – The regional government shall adopt educational
policies that shall perpetuate Filipino and Islamic values and
ideals and the just aspirations of the Bangsa Moro with due respect
to the beliefs, customs, traditions, and religions of the other non-
Muslim inhabitants of the region be they Christians, Jews,
Buddhists, or of any other religious denomination.
SEC. 7. Improving Status of the Marginalized. – The
regional government shall devote its resources to the improvement
of the well-being of all its constituents, particularly the
marginalized, deprived, disadvantaged, underprivileged, disabled,
and the elderly.
SEC. 8. Regional Government Authority Over Natural
Resources. – Subject to the provisions of the Constitution and
this Organic Act, the Regional Government shall have the
authority, power, and right to explore, develop and utilize the
natural resources, including surface and sub-surface rights, inland
and coastal waters, and renewable and non-renewable
resources in the autonomous region. Muslims and the other
indigenous cultural communities shall, however, have priority
rights to explore, develop and utilize the said resources in the
areas designated as parts of their respective ancestral domains.
SEC. 9. Preferential Rights of Inhabitants and Their
Safeguards. – The autonomous region shall provide manpower
training programs, create livelihood and job opportunities, allocate
equitable preferential rights to its inhabitants, and adopt laws
that will safeguard the rights of workers.
7
SEC. 10. Protection of Women and Children. – The
Regional Government shall uphold and protect the fundamental
rights of women and children including the right of women to
engage in lawful employment. Women and children, especially
orphans of tender age, shall be protected from exploitation, abuse
or discrimination.
SEC. 11. Enhancement of Quality of Life. – The Regional
Government shall provide, maintain, and ensure the delivery of,
among other things, basic and responsive health programs,
quality education, appropriate services, livelihood opportunities,
affordable and progressive housing projects, and water resource
development.
It shall maintain appropriate disaster-preparedness units
for immediate and effective relief services to victims of natural
and man-made calamities. It shall also ensure the rehabilitation
of calamity areas and victims of calamities.
SEC. 12. Progressive Tax System. – The Regional Assembly
shall adopt an efficient and progressive system of taxation which,
among other things, shall provide incentives for the prompt
payment of taxes and penalize tax evasion and delinquency.
SEC. 13. Equitable Share In National Budget and
Development Assistance. – The central government or national
government shall provide the autonomous region a proportionate
and equitable share in the annual national budget and foreign
assisted projects in addition to other financial assistance, support,
and subsidies to accelerate its development. Whenever the
Commission on Audit finds that the internal controls set up in
the region are inadequate, it may require pre-audit and shall
likewise conduct seminars in the communities concerned
explaining the benefits and proper use of internal revenue
allotments.
SEC. 14. Rights to Initiatives, Consultations, Referenda
and Plebiscites. – Without prejudice to other rights guaranteed
by the Constitution, the rights of the people of the autonomous
region to initiate measures for the passage, amendment or repeal
of regional or local legislation; to be consulted on matters that
8
affect their environment; to call for a referendum on important
issues affecting their lives; and, to recall regional or local officials
as provided by Republic Act No. 7160, the Local Government
Code of 1991, are hereby recognized.
The Regional Assembly shall enact priority legislation to
define such rights. Until such priority legislation is enacted,
existing laws shall govern the exercise of the rights mentioned
above.
SEC. 15. Fundamental Rights and Duties of People. – The
fundamental rights and duties of the people in the autonomous
region are those defined in the Constitution and this Organic
Act, the Geneva Convention, the United Nations Charter, the
United Nations Declaration on the Rights of Indigenous
Communities, the International Declaration on Human Rights,
as well as those prescribed in all the laws, practices, and principles
binding upon members of the community of nations.
SEC. 16. Human Rights Commission. – There is hereby
created a Regional Human Rights Commission. The chair and
two commissioners of the commission shall be appointed by the
President upon recommendation of the Regional Governor. The
composition of the commission shall reflect the ethnic distribution
of the population of the autonomous region. The chair shall be a
lawyer and shall be a resident of the autonomous region. The two
commissioners shall, preferably, be lawyers or, at least, holders
of bachelor degrees from colleges or universities recognized by
the Department of Education, Culture and Sports of the central
government or national government.
The Regional Human Rights Commission shall perform
within the autonomous region, the functions of the commission
on human rights of the central government or national
government. Decisions of the commission may be appealed to the
Court of Appeals on questions of law.
Initially, the Regional Assembly shall fix the salaries,
perquisites and privileges of the chair and the commissioners of
the Commission at a level not lower than those fixed for the chair
and members of the National Labor Commission. The Commission
9
may provide additional functions to enhance and protect the
human rights of all the people in the autonomous region.
Thereafter, subject to availability of funds, the Regional Assembly
may raise the salaries, perquisites, and privileges of the chair
and commissioners.
SEC. 17. Environmental Protection and Sustainable
Development. – The protection, rehabilitation, and the sustainable
development of forests, coastal, and marine resources, including
the adoption of programs and projects to ensure the maintenance
of ecological balance, shall be given priority.
ARTICLE IV
Powers of Government
SECTION 1. Powers and Functions. – Subject to the
provisions of the Constitution, the Regional Government shall
exercise those powers and functions expressly granted to it in
this Organic Act, or necessary for or incidental to the proper
governance and development of all the constituent units within
the autonomous region consistent with the policy on regional and
local autonomy and decentralization.
The Regional Government may enact its own regional
administrative code and regional local government code consistent
with the Constitution. The powers and functions already vested
upon and the shares of the national taxes provided by Republic
Act No. 7160, the Local Government Code of 1991, to provinces,
cities, municipalities, and barangay in the autonomous region
shall not be reduced.
SEC. 2. Corporate Entity. – The autonomous region is a
corporate entity with jurisdiction over all matters devolved to it
by the Constitution and this Organic Act.
SEC. 3. Scope of Regional Assembly Legislative Power;
Exceptions. – The Regional Assembly may exercise legislative
power in the autonomous region for the benefit of the people and
for the development of the region except on the following matters:
10
(a) Foreign affairs;
(b) National defense and security;
(c) Postal service;
(d) Coinage and fiscal and monetary policies;
(e) Administration of justice. It may, however, legislate
on matters covered by the Shari'ah. The Shari'ah shall apply
only to Muslims. Its application shall be limited by pertinent
constitutional provisions, particularly by the prohibition against
cruel and unusual punishment and by pertinent national
legislation that promotes human rights and the universally
accepted legal principles and precepts;
(f) Quarantine;
(g) Customs and tariff;
(h) Citizenship;
(i) Naturalization, immigration and deportation;
(j) General auditing;
(k) National elections;
(l) Maritime, land and air transportation, and
communications. The autonomous government shall, however,
have the power to grant franchises, licenses and permits to land,
sea and air transportation plying routes in the provinces or cities
within the region, and communications facilities whose frequencies
are confined to and whose main offices are located within the
autonomous region;
(m) Patents, trademarks, trade names, and copyrights; and
(n) Foreign trade.
11
SEC. 4. General Welfare Powers. – Notwithstanding the
limitations on the powers of the Regional Assembly as stated above,
it may enact laws that promote the general welfare of the people
of the autonomous region.
SEC. 5. Representation in Central Government or National
Government Departments, Offices. – As far as practicable, the
autonomous region shall be represented in the departments, offices,
commissions, agencies, and bureaus of the central government
or national government that implement and enforce policies,
programs and projects of the central government or national
government in the region.
SEC. 6. Eminent Domain. – The Regional Government
may exercise the power of eminent domain.
ARTICLE V
Inter-Governmental Relations
SECTION 1. General Supervision of the President Over
the Regional Governor. – Consistent with the Constitution and
basic policy on local autonomy, the President of the Republic shall
exercise general supervision over the Regional Governor to ensure
that his or her acts are within the scope of his or her powers and
functions.
The power of supervision of the President over the provincial
governors and the mayors of the highly urbanized cities shall be
exercised through the Regional Governor; over the mayors of the
component cities and municipalities, through the provincial
governor, and over the punong barangay, through the city or
municipal mayor.
In addition to other acts which he or she may impose under
the Constitution and this Organic Act, the President may suspend,
reduce, or cancel the financial blocks or grants-in-aid, funds for
infrastructure, and other forms of assistance intended for the
autonomous region (1) if the regional government fails to account
for the funds and financial assistance released to it by the central
government or national government, within one month from the
end of every quarter in which the funds and financial assistance
12
had been released or (2) when measures for the protection and
enhancement of the civil, human, political or religious rights of
the lumads, Christians and other minorities in the autonomous
region ordained by the Constitution and this Organic Act, are not
respected or are violated or are not implemented within one (1)
year from its enactment.
The President may suspend the Regional Governor for a
period not exceeding six (6) months for willful violation of the
Constitution, this Organic Act or any existing law that applies to
the autonomous region.
SEC. 2. Cabinet Membership. – As far as practicable, it
shall be the policy of the national government that there shall be
at least one (1) member of the cabinet with a rank of a department
secretary who is an inhabitant of the autonomous region to be
recommended by the Regional Governor in consultation with
elected officials and concerned sectors of the autonomous region.
SEC. 3. Shari'ah and Tribal Courts; Coordination With
Central Government or National Government. – The Regional
Government shall maintain close coordination with the central
government or national government for an effective administration
of justice in the autonomous region.
SEC. 4. Representation of Autonomous Region in General
in the Central Government or National Government. –
Representation of the inhabitants of the autonomous region in
the central government or national government may be done by
appointment or election.
Appointment of inhabitants of the autonomous region to
positions in the central government or national government shall
be subject to central government or national government
standards and guidelines. Such appointment shall be made only
upon recommendation by the Regional Governor after consultation
with the Regional Assembly and the concerned sectors of the
autonomous region.
13
Right of representation shall not be construed in such a
way that applicants from the autonomous region, especially
Muslims and cultural communities, for lower positions in the
above organs of the government cannot be appointed anymore
thereto.
Election of legislators to represent the autonomous region
in the Congress of the Republic shall be done pursuant to the
rules of the Commission on Elections.
SEC. 5. Representatives in Executive Departments and
Constitutional Bodies. – At least, one (1) qualified inhabitant of
the autonomous region recommended by the Regional Governor
consultation with the Regional Assembly and concerned sectors
of the autonomous region shall be appointed, as far as practicable,
in each of the departments, offices or bureaus and constitutional
bodies of the central government or national government that
deal with the autonomous region, in primarily confidential, highly
technical, or policy-determining positions.
SEC. 6. Ex Officio Member of the National Security
Council. – The Regional Governor shall be an ex officio member
of the National Security Council on matters concerning the
autonomous region and such other matters as may be determined
by the President.
SEC. 7. Representatives in Government-Owned or
-Controlled Corporations. – The Regional Government shall be
represented in the board of directors or in the policy-making bodies
of government-owned or -controlled corporations that operate
businesses directly or through their subsidiaries in the
autonomous region.
ARTICLE VI
The Legislative Department
SECTION 1. Regional Assembly. – The legislative power
of the autonomous government shall be vested in the Regional
Assembly except to the extent that it is reserved to the people by
provisions on initiative and referendum as provided by law.
14
SEC. 2. Election of Regional Assembly. – The Regional
Assembly shall be composed of Members elected by popular vote,
with three (3) members elected from each of the legislative
districts.
SEC. 3. Sectoral Representatives. – There shall be sectoral
representatives in the Regional Assembly whose number shall
not exceed fifteen percent (15%) of the total number of elected
members of the Regional Assembly coming from the agricultural,
labor, urban poor, disabled, indigenous cultural communities,
youth, and women sectors. The Regional Assembly may enact
legislation to provide for the representation of other sectors. The
youth representative shall not be less than eighteen (18) years of
age nor more than twenty-one (21) years of age at the time of his
or her assumption to office.
The sectoral representatives shall be entitled to the same
salary and allowances and rights and privileges enjoyed by the
regularly elected members of the Regional Assembly. They shall
be elected on the same date as that fixed for the election of the
members of the Regional Assembly.
SEC. 4. Term of Office. – The members of the Regional
Assembly, including the sectoral representatives, shall have a
term of three (3) years which shall begin, at noon on the 30th day
of September next following the day of the election and shall end
at noon of the same date three (3) years thereafter.
No member of the Regional Assembly shall serve 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.
SEC. 5. Filling of Vacancy. – In case of vacancy in the
Regional 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. The
member elected shall serve only for the unexpired term.
15
SEC. 6. Qualifications of Members of Regional Assembly. –
No person shall be a member of the Regional Assembly unless he
or she is:
(1) A natural-born citizen of the Philippines;
(2) At least twenty-one (21) years of age on the day of the
election;
(3) Able to read and write;
(4) A registered voter of the district in which he or she
shall be elected on the day he or she files his or her certificate of
candidacy; and
(5) A resident thereof for a period of not less than five (5)
years immediately preceding the day of the election.
SEC. 7. Oath of Office. – Every member of the Regional
Assembly shall take an oath or affirmation of allegiance to the
Republic, renounce the use of violence, and commit himself or
herself to democratic means in the pursuit of the ideals and
aspirations of the people of the autonomous region before taking
his or her seat.
SEC. 8. Salaries. – Unless otherwise provided by the
Regional Assembly, a member of the Regional Assembly shall
receive an annual salary of One hundred eighty thousand pesos
(P180,000) except the Speaker of the Regional Assembly who shall
receive an annual salary of Two hundred thousand pesos
(P200,000), subject to the Salary Standardization Law.
The annual compensation of the Speaker and Members of
the Regional Assembly may be increased by the Regional Assembly
in accordance with existing laws on position classification and
compensation of the central government or national government.
The increase shall, however, not take effect until after the
expiration of the terms of office of the members of the assembly
who had approved the increase. The increase shall be funded solely
from revenue raised by the Regional Government. No funds or
16
parts thereof provided by the central government or national
government for the Regional Government shall be used for
salaries, honoraria, per diems or to increase the salaries,
honoraria or per diems of the officials or employees of the Regional
Government.
They shall not receive during their tenure other
emoluments from the Regional Government or from the central
government or national government.
SEC. 9. Forfeiture of Seat. – Any member of the Regional
Assembly who accepts an appointment and qualifies for any
position in the government, including government-owned or
-controlled corporations or institutions and their subsidiaries, shall
automatically forfeit his or her seat in the Regional Assembly.
SEC. 10. Disclosure of Financial or Business Interests. –
All members of the Regional 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
upon the filing thereof.
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 Regional Assembly, without prejudice to his or
her other liabilities under pertinent legislation.
SEC. 11. Prohibited Acts for Members of the Regional
Assembly. – No member of the Regional Assembly may personally
appear as counsel before courts of justice or quasi-judicial and
other administrative bodies. Neither shall the member, directly
or indirectly, be interested financially in any contract with, or in
any franchise or special privilege granted by the central
government or national government or by the regional
government, or any subdivision, agency or instrumentality thereof,
including any government-owned or -controlled corporation or its
subsidiary, during his or her term of office. The member shall
not intervene in any manner before any office of the government
17
for his or her pecuniary benefit or where he or she may be called
upon to act on account of his or her office.
SEC. 12. Parliamentary Immunity. – Any member of the
Regional Assembly who commits offenses within the jurisdiction
of the autonomous region punishable by not more than six (6)
years imprisonment, shall be privileged from arrest while the
Regional Assembly is in session.
No member of the Regional Assembly shall be questioned
or be held liable in any other place for any speech or debate in the
assembly or in any of its committees.
SEC. 13. Rules of Procedure; Discipline of Members and
Civil Service Rules. – The Regional Assembly shall adopt its own
rules of procedure by a majority vote of all its members including
the selection of members of its standing committees and for the
suspension or expulsion of its members.
The Regional Assembly shall elect from among its members
a speaker and such other officers as the rules may provide. The
Speaker shall appoint the personnel of the Regional Assembly.
All qualified applicants shall have equal opportunity for
employment with the regional government. Inhabitants of the
autonomous region shall, however, have preference for
appointment to any position in the regional government without
regard to ethnic origin, culture, sex, creed and religion.
For a period not exceeding six (6) years from the date of the
approval of this Organic Act, appointments to the various positions
in the Regional Government shall be subject to the Civil Service
law, rules, and regulations of the central government or national
government. Thereafter, the Civil Service law, rules and
regulations adopted by the Regional Government shall apply to
all such appointments. If no Civil Service law, rules or regulations
are adopted by the Regional Government, appointments to
positions in the Regional Government shall continue to be
governed by the Civil Service law, rules, and regulations of the
central government or national government.
18
A majority of all the members of the Regional 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 a manner and under such penalties as
the assembly may provide.
The Regional Assembly or any of its committees may
conduct inquiries or public consultations in aid of legislation in
accordance with its rules. In connection therewith, it shall have
the power to issue subpoena or subpoena duces tecum to compel
the attendance of and the production of papers, documents, or
things by witnesses or persons under investigation by the
assembly, itself, or by any of its committees. It shall also have
the right to cite witnesses or persons under investigation for
contempt for refusal to testify before it or before any of its
committees or to produce papers, documents or things required
by the assembly or any of its committees. The rights of persons
appearing in or affected by such inquiries shall be respected.
The Regional Assembly shall keep a journal of its
proceedings and a record of its caucuses and meetings. The record
and books of accounts of the assembly shall be preserved and
open to public scrutiny.
The Commission on Audit of the Regional Government shall
publish an annual report of the itemized list of expenditures
incurred by the members of the Regional Assembly within sixty
(60) days from the end of every regular session.
SEC. 14. Questioning Cabinet Members and Other
Officials. – The Regional Assembly may, in aid of legislation and
with the express consent of the Regional Governor, require the
presence of the regional cabinet members or their deputies as its
rules shall provide, for questioning on matters falling within the
scope of their powers and functions.
The Regional Assembly may require any regional
commission, office, or agency of the central government or national
government with offices in the autonomous region to explain
matters relating to the exercise of its powers and functions.
19
SEC. 15. Regular and Special Sessions. – Except as
provided by its rules, the Regional Assembly shall meet in open
session. Regular sessions shall commence on the 4th Monday of
October and shall continue to be in session for such number of
days as may be determined by the assembly until thirty (30) days
before the opening of its next regular session exclusive of Saturdays,
Sundays, and legal holidays.
The Regional Assembly may meet in special sessions at
the request of one-third (1/3) of all its Members or by call of the
Regional Governor. The special session shall have a specific agenda.
SEC. 16. Passage of Bills. – No bill shall become a law of
regional application unless it has passed three (3) readings on
separate days and printed copies thereof in its final form have
been distributed to its members three (3) days before its passage,
except when the Regional Governor certifies to the necessity of its
immediate enactment to meet a public calamity or emergency.
SEC. 17. Approval of Bills and Overriding of Veto. – Every
bill passed by the Regional Assembly, shall, before it becomes a
law, be presented to the Regional Governor. If the Regional
Governor approves the bill, he or she shall sign it; otherwise, he
or she shall veto it on the ground that it is ultra-vires or it is
against public policy and return it with his or her objections to
the Regional Assembly. The Regional Assembly shall, thereafter,
enter the objections at large in its journal and may proceed to
reconsider it. If, after such reconsideration, two-thirds (2/3) of all
the Members of the Regional Assembly shall agree to pass the
bill, it shall become a law. In such cases, the vote shall be
determined by yeas and nays, and the names of the members
voting for or against shall be entered in the journal. The Regional
Governor shall communicate his veto of any bill to the Regional
Assembly within thirty (30) days after the date of its receipt;
otherwise, it shall become a law as if he had signed it.
SEC. 18. Submittal of Bills to the President and Congress.
– The Speaker of the Regional Assembly shall within ten (10)
working days from their approval thereof, submit to the President
and to both Houses of Congress a certified true copy of all laws
and resolutions approved by the Regional Assembly.
20
SEC. 19. Creation, Division or Abolition of Provinces,
Cities, Municipalities or Barangay. – The Regional Assembly may
create, divide, merge, abolish, or substantially alter boundaries
of provinces, cities, municipalities, or barangay in accordance
with the criteria laid down by Republic Act No. 7160, the Local
Government Code of 1991, subject to the approval by a majority
of the votes cast in a plebiscite in the political units directly
affected. The Regional Assembly may prescribe standards lower
than those mandated by Republic Act No. 7160, the Local
Government Code of 1991, in the creation, division, merger,
abolition, or alteration of the boundaries of provinces, cities,
municipalities, or barangay. Provinces, cities, municipalities, or
barangay created, divided, merged, or whose boundaries are altered
without observing the standards prescribed by Republic Act No.
7160, the Local Government Code of 1991, shall not be entitled to
any share of the taxes that are allotted to the local government
units under the provisions of the Code.
The financial requirements of the provinces, cities,
municipalities, or barangay so created, divided, or merged shall
be provided by the Regional Assembly out of the general funds of
the Regional Government.
The holding of a plebiscite to determine the will of the
majority of the voters of the areas affected by the creation, division,
merger, or whose boundaries are being altered as required by
Republic Act No. 7160, the Local Government Code of 1991, shall,
however, be observed.
The Regional Assembly may also change the names of local
government units, public places and institutions, and declare
regional holidays.
SEC. 20. Annual Budget and Infrastructure Funds. – The
annual budget of the Regional Government shall be enacted by
Regional Assembly. Funds for infrastructure in the autonomous
region allocated by the central government or national government
shall be appropriated through a Regional Assembly Public Works
Act.
21
Unless approved by the Regional Assembly, no public works
funds allocated by the central government or national government
for the Regional Government or allocated by the Regional
Government from its own revenues may be disbursed, distributed,
realigned, or used in any manner.
ARTICLE VII
The Executive Department
SECTION 1. Executive Power. – The executive power shall
be vested in a Regional Governor. He shall be elected by the
qualified voters of the autonomous region.
SEC. 2. Regional Governor and Cabinet Members. – The
Regional Governor shall be the chief executive of the Regional
Government. He shall be assisted by a cabinet not exceeding ten
(10) members, at least six (6) of whom shall come from indigenous
cultural communities. The representatives of the indigenous
cultural communities in the cabinet shall 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 appointments.
The Regional Governor shall appoint the members of the
cabinet subject to confirmation by the Regional Assembly.
SEC. 3. Qualifications of Regional Governor and Regional
Vice Governor. – No person may be elected Regional Governor or
Regional Vice Governor of the autonomous region unless he or
she is a natural-born citizen of the Philippines, a registered voter
of the autonomous region, able to read and write, at least, thirtyfive
(35) years of age on the day of the election, and a resident of
the autonomous region for, at least, one (1) year immediately
preceding the election.
SEC. 4. Election of Regional Governor and Regional Vice
Governor. – The Regional Governor and the Regional Vice
Governor shall be elected as a team by the qualified voters of the
22
autonomous region. A vote for a candidate for Regional Governor
shall be counted as a vote for his team mate for Regional Vice
Governor. A vote for a Regional Vice Governor shall be counted
as a vote for his teammate for Regional Governor. For purposes of
their election, the candidates for Regional Governor and Regional
Vice Governor shall belong to the same political party or coalition
of parties. The Commission on Elections shall promulgate the
necessary rule or rules to give effect to this provision of law.
SEC. 5. Regional Vice Governor Appointment to or
Removal from the Cabinet. – The Regional Vice Governor may
be appointed by the Regional Governor as a member of the regional
cabinet without need of confirmation by the Regional Assembly.
He may be removed from office in the same manner as the
Regional Governor.
SEC. 6. Executive Council; Deputy Regional Governors. –
The Regional Governor shall appoint three (3) deputies each
representing the Christians, indigenous cultural communities,
and the Muslims in the region. The Regional Governor, the
Regional Vice Governor, and the three (3) deputies shall comprise
the executive council of the autonomous government. The executive
council shall advise the Regional Governor on matters of
governance of the autonomous region. The three deputies shall
be ex officio members of the regional cabinet with or without
portfolio. The Regional Governor may assign powers and functions
to the executive council to promote the general welfare of the
people of the autonomous region subject to the laws enacted by
the Regional Assembly.
Unless sooner removed by the Regional Governor, the term
of office of a deputy Regional Governor shall be co-terminus with
the term of office of the Regional Governor who appointed him or
her.
SEC. 7. Terms of Office of Elective Regional Officials. –
(1) Terms of Office. The terms of office of the Regional Governor,
Regional Vice Governor and members of the Regional Assembly
shall be for a period of three (3) years, which shall begin at noon
on the 30th day of September next following the day of the election
and shall end at noon of the same date three (3) years thereafter.
23
The incumbent elective officials of the autonomous region shall
continue in effect until their successors are elected and qualified.
(2) Term limits. No Regional Governor, Regional Vice
Governor, or member of the Regional 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 an interruption in the continuity of the service for the
full term for which he or she was elected.
The term limits in Republic Act No. 7160, the Local
Government Code of 1991, shall apply to the governors of provinces
and mayors of cities, municipalities, and punong barangay in the
autonomous region.
SEC. 8. Oaths or Affirmations of Office of the Regional
Governor and Regional Vice Governor. – Before they enter on
the execution of their office, the Regional Governor and the Regional
Vice Governor shall take the following oath or affirmation: "I do
solemnly swear (or affirm) that I will faithfully and conscientiously
fulfil my duties as the Regional Governor (or the Regional Vice
Governor) of the Regional Government of the Autonomous Region
in Muslim Mindanao, preserve and defend the Constitution of the
Republic, this Organic Act, the national and regional laws, do
justice to every man, consecrate myself to the service of the
autonomous region and the nation, renounce the use of violence
and commit myself to democratic means in the pursuit of the
ideals and aspirations of the people of the autonomous region. So
help me God." (In case of affirmation, last sentence will be omitted.)
SEC. 9. Compensation of Regional Governor and Vice
Governor. – Unless otherwise provided by the Regional Assembly,
the annual compensation of the Regional Governor and Regional
Vice Governor shall be Two hundred fifty thousand pesos
(P250,000) and Two hundred thirty thousand pesos (P230,000),
respectively subject to the Salary Standardization Law. The
compensations may be increased or decreased by the Regional
Assembly subject to the existing laws on position classification
and compensation. The increase or decrease of their salaries
shall, however, not take effect until after their term of office during
which the increase or decrease was enacted by the Regional
24
Assembly shall have ended. They shall not receive during their
tenure any other emoluments from the central government or
national government or Regional Government or from any central
or regional government-owned or -controlled corporations or firms.
No funds or parts thereof provided by the central
government or national government for the Regional Government
shall be used for salaries, honoraria, per diems, or to increase
the salaries, honoraria, or per diems of the Regional Governor,
Regional Vice Governor, members of the Regional Assembly, or
employees of the Regional Government.
SEC. 10. Regional Governor Housing and Travel
Allowances. – The Regional Governor shall be provided with a
reasonable housing allowance by the Regional Assembly. When
the Regional Governor travels outside the autonomous region, he
shall be provided with reasonable travel and accommodation
allowances at rates not less than what is granted to the members
of the cabinet of the central government or national government.
SEC. 11. Succession to Regional Governorship in Cases
of Permanent Vacancy. – In case of death, permanent disability,
removal from office, or resignation of the Regional Governor, the
Regional Vice Governor shall become the Regional Governor who
shall serve for the unexpired term of the former. In case of death,
permanent disability, removal from office, or the resignation of
both the Regional Governor and the Regional Vice Governor, the
Speaker of the Regional Assembly shall act as Regional Governor
until the Regional Governor and Regional Vice Governor are elected
and qualified in a special election called for the purpose.
Upon his assumption as acting Regional Governor, the
Speaker of the Regional Assembly shall temporarily vacate his
position as such and an interim speaker shall be elected. Upon
the election and assumption of office of a new Regional Governor,
the Speaker shall reassume his office.
No special election shall be called to fill a vacancy occurring
within one (1) year immediately preceding the next regular
election.
25
SEC. 12. Succession to Regional Governorship in Cases
of Temporary Incapacity. – In case of temporary incapacity of
the Regional 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 Regional Vice Governor, or if there be none or in
case of his permanent or temporary incapacity or refusal to assume
office, the Speaker of the Regional Assembly shall exercise the
powers, duties and functions of the Regional Governor as prescribed
by law enacted by the Regional Assembly or in the absence,
thereof, by the pertinent provisions of Republic Act No. 7160, the
Local Government Code of 1991.
SEC. 13. Removal of Regional Governor or Regional Vice
Governor. – The Regional Governor or the Regional Vice Governor
may be removed from office for culpable violation of the
Constitution or 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 Regional
Assembly.
The proceedings of the Regional Assembly for the removal
of the Regional Governor or Regional Vice Governor shall be
presided over by the Presiding Justice of the Court of Appeals.
The Regional Assembly may initiate moves for the removal of the
Regional Governor or the Regional Vice Governor under this Section
by a majority vote of all its members. The Regional Assembly
shall promulgate the necessary rules to carry out the purposes of
this Section.
The Regional Governor may also be suspended or removed
by the President for culpable violation of the Constitution, treason,
bribery, graft and corruption, and other high crimes.
Notwithstanding the provisions of the immediately
preceding paragraphs, the Regional Governor or the Regional Vice
Governor may be charged criminally for any offense before the
proper regional trial court. The said court may order his or her
preventive suspension from office for not more than two (2) months
pending the termination of the criminal case or cases. The court
26
may also order the removal of the Regional Governor or Regional
Vice Governor from office as a part of its decision of conviction.
SEC. 14. Recall of Regional Governor, Regional Vice
Governor or Members of Regional Assembly. – The Regional
Governor, the Regional Vice Governor or members of the Regional
Assembly may be recalled only once during their respective terms
of office for loss of confidence.
The Regional Assembly shall provide the procedure and
system whereby such recall can be made.
No recall shall take place within one (1) year from the date
of the assumption of office of the official concerned or one (1) year
immediately preceding a regional election. In the absence of the
procedure and system of recall enacted by the Regional Assembly,
the procedure and system of such recalls shall be governed by the
provisions of Republic Act No. 7160, the Local Government Code
of 1991.
SEC. 15. Punishment for Disorderly Behavior. – Upon the
recommendation of the proper committee, the Regional Assembly
may punish its members for disorderly behavior. With the
concurrence of the majority of its members, the Regional Assembly
may admonish, reprimand, or censure an erring member. With
the concurrence of two-thirds (2/3) of all its members, it may
suspend or expel such erring member. The penalty of suspension
shall not exceed sixty (60) days.
SEC. 16. Prohibition Against Holding of Other Offices or
Conflict of Interests. – The Regional Governor, the Regional Vice
Governor, the members of the cabinet or their deputies shall not
hold any other office or employment during their tenure. They
shall not, during said tenure, directly or indirectly, practice any
other profession, participate in any business, or be financially
interested in any contract with, or in any franchise or special
privilege granted by the government or any subdivision, agency,
or instrumentality thereof, including government-owned or
-controlled corporations or their subsidiaries. They shall strictly
avoid conflicts of interest in the conduct of their office.
27
The spouses and relatives by consanguinity or affinity
within the fourth civil degree respectively of the Regional Governor,
the Regional Vice Governor, the members of the cabinet, or their
deputies shall not, during their 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.
SEC. 17. Appointments by Acting Regional Governor. –
Appointments extended by the acting Regional Governor before
the assumption of office by the elected Regional Governor shall
remain effective, unless revoked by the elected Regional Governor
within ninety (90) days from his or her assumption of office.
SEC. 18. The Regional Governor shall not issue
appointments, remove personnel, or, unless authorized by the
Commission on Elections, undertake public works projects, within
the prohibited period before and after a regional election as provided
by law.
SEC. 19. Appointments by Regional Governor. – The
Regional Governor shall appoint, in addition to the members of
the cabinet and their deputies, the chairmen and members of the
commissions and the heads of bureaus of the Regional Government,
and those whom he may be authorized by this Organic Act, or by
regional law to appoint. The Regional Assembly may, by law,
vest the appointment of other officers or officials lower in rank on
the heads of departments, agencies, commissions, or boards.
The powers, functions, responsibilities, and structure of
the departments, agencies, bureaus, offices, and instrumentalities
of the Regional Government including the corporations owned or
controlled by the Regional Government shall be prescribed and
defined by the Regional Assembly.
SEC. 20. Power of Regional Governor Over Commissions,
Agencies, Boards, Bureaus and Offices. – Subject to the exceptions
provided for in this Organic Act, the Regional Governor shall
have control of all the regional executive commissions, agencies,
28
boards, bureaus, and offices. He shall ensure that laws are
faithfully executed.
SEC. 21. Fiscal Year; Submission of Budget. – The fiscal
year of the autonomous region shall cover the period January 1 to
December 31 of every year.
(a) Regional Budget. The Regional Governor shall submit
to the Regional Assembly not later than two (2) months before
the beginning of every regular session, as the basis of the regional
appropriations bill, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue
measures.
(b) Regional Assembly Power Over Budget. The Regional
Assembly may not increase the appropriations recommended by
the Regional Governor for the operation of the autonomous
government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by law
enacted by the Regional Assembly. Pending the enactment of such
law, the budgeting process shall be governed by existing laws
and rules and regulations prescribed by the Department of Budget
and Management.
(c) Prohibition Against Riders. 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) Procedure for Approval. In approving appropriations
for its own operations, the Regional Assembly shall strictly follow
the procedure for approving the appropriations for the other
departments and agencies of the Regional Government.
(e) Specific Purpose and Availability of Funds. A special
appropriations bill shall specify the purpose for which it is intended
and shall be supported by funds actually available or to be raised
by a corresponding revenue proposal as certified to by the treasurer
of the Regional Government.
29
(f) Transfer of Funds. No regional law shall be passed
authorizing any transfer of appropriations. The Regional
Governor, the Speaker of the assembly and the Presiding Justice
of the highest Shari'ah court may, however, be authorized by law
enacted by the Regional Assembly, to augment any item in the
Regional General Appropriations Law for their respective offices
from savings in other items of their respective appropriations.
(g) Discretionary Funds. Discretionary funds appropriated
for particular officials shall be disbursed only for public purposes
as evidenced by appropriate vouchers and subject to such
guidelines as prescribed by law enacted by the Regional Assembly.
SEC. 22. Budget Approval; Automatic Reenactment. – The
Regional Governor shall approve the budget of the autonomous
region within one (1) month from its passage by the Regional
Assembly. If, by the end of a fiscal year, the Regional Assembly
shall have failed to pass the regional appropriations bill for the
ensuing fiscal year, the Regional Appropriations Act for the
preceding fiscal year shall be deemed automatically reenacted
and shall remain in force and effect until the regional
appropriations bill is passed by the Regional Assembly.
SEC. 23. Veto Power of the Regional Governor; Votes to
Override. – The Regional 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. The Regional Assembly may override the veto by a
two-thirds (2/3) vote of all its members.
SEC. 24. (a) Law to Authorize Use of Money. – No money
shall be paid out of the regional treasury except in pursuance of
an appropriation made by regional law.
(b) Prohibitions Against Sectarian Purposes; Exception.
No public money or property shall be appropriated, applied, paid,
or employed, directly or indirectly, for the use, benefit, or support
of any sect, church, denomination, sectarian institution, or system
of religion or of any priest, imam, preacher, minister, or other
religious teacher or dignitary as such, except when such priest,
imam, preacher, minister, or dignitary is assigned to the regional
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police force or to any penal institution, or government orphanage,
or leprosarium within the region.
(c) Special Fund. All money collected on any regional tax
levied for a special purpose shall be treated as a special fund and
paid out for such special purpose only. If the purpose for which
special fund was created has been fulfilled or abandoned, the
balance, if any, shall accrue to the general funds of the Regional
Government.
(d) Trust Funds. Trust funds shall only be paid out of the
regional treasury for the specific purpose for which said funds
were created or received.
(e) Authorization by Regional Governor or Representative.
No funds or resources shall be disbursed unless duly approved by
the Regional Governor or by his duly authorized representative.
ARTICLE VIII
Administration of Justice
SECTION 1. Exercise of Judicial Power. – The judicial
powers shall be vested in the Supreme Court and in such lower
courts as may be established by law including the Shari'ah Courts
in accordance with Section 5 hereof.
SEC. 2. Justices from Autonomous Region. – It shall be
the policy of the central government or national government that,
whenever feasible, at least one (1) justice in the Supreme Court
and two (2) justices in the Court of Appeals shall come from
qualified jurists of the autonomous region. For this purpose, the
Regional Governor may, after consultations with the Regional
Assembly and concerned sectors in the autonomous region, submit
the names of qualified persons to the Judicial and Bar Council for
its consideration. The appointments of those recommended by
the Regional Governor to the judicial positions mentioned above
are without prejudice to appointments that may be extended to
other qualified inhabitants of the autonomous region to other
positions in the Judiciary.
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SEC. 3. Consultant to the Judicial and Bar Council. – The
President shall appoint a qualified person as a consultant to the
Judicial and Bar Council recommended by the Regional Governor
in consultation with the concerned sectors of the autonomous
region. The person recommended by the Regional Governor shall
first be confirmed by the Regional Assembly. Once appointed by
the President, the consultant shall sit with the Judicial and Bar
Council only to advise and be consulted by the council on matters
of appointments to judicial positions in the autonomous region.
SEC. 4. Deputy Court Administrator. – The Office of the
Deputy Court Administrator for the autonomous region is hereby
created. The Deputy Court Administrator for the autonomous
region shall be appointed by the Chief Justice of the Supreme
Court from among three recommendees submitted by the Regional
Governor upon previous confirmation by the Regional Assembly
and after consultation with the concerned sectors of the
autonomous region.
SEC. 5. Shari'ah Courts. – The Regional Assembly of the
autonomous region shall provide for the establishment of Shari'ah
courts. Shari'ah courts existing as of the date of the approval of
this Organic Act shall continue to discharge their duties. The
judges, thereof, may, however, be reshuffled upon recommendation
of the Deputy Court Administrator of the autonomous region.
SEC. 6. Shari'ah Public Assistance Office. – There is
hereby created a Shari'ah Public Assistance Office. The Office
shall be staffed by a director and two (2) lawyers who are members
of the Philippine Shari'ah bar. They may be assisted by such
personnel as may be determined by the Regional Assembly.
Unless otherwise provided by regional law, the compensation of
the director and the Shari'ah lawyers shall be equivalent to the
salary grade of a Director III and a trial lawyer of the Public
Assistance Office, respectively.
The Shari'ah Public Assistance Office is hereby established
in each of the Shari'ah judicial districts to provide free legal
assistance to poor or indigent party litigants.
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SEC. 7. Shari'ah Appellate Court. – There is hereby created
a Shari'ah Appellate Court which shall have jurisdiction over
cases enumerated in Section 9 of this Article.
SEC. 8. Shari'ah Appellate Court Composition. – The
Shari'ah Appellate Court shall be composed of one (1) presiding
justice and two (2) associate justices. Any vacancy shall be filled
within ninety (90) days from the occurrence thereof.
SEC. 9. Jurisdiction of the Shari'ah Appellate Court. –
The Shari'ah Appellate Court shall:
(a) Exercise original jurisdiction over petitions for
certiorari, prohibition, mandamus, habeas corpus, and other
auxiliary writs and processes only in aid of its appellate
jurisdiction; and,
(b) Exercise exclusive appellate jurisdiction over all cases
tried in the Shari'ah district courts as established by law.
SEC. 10. Shari'ah Appellate Court Decisions. – The
decisions of the Shari'ah Appellate Court shall be final and
executory. Nothing herein contained shall, however, affect the
original and appellate jurisdiction of the Supreme Court, as
provided in the Constitution.
SEC. 11. Shari'ah Appellate Court Justices Qualifications
and Appointments. – The Justices of the Shari'ah Appellate Court
shall possess the same qualifications as those of the Justices of
the Court of Appeals and, in addition, shall also be learned in
Islamic law and jurisprudence.
The members of the Shari'ah Appellate Court shall be
appointed by the President from a list of at least three (3) nominees
prepared by the Judicial and Bar Council. The nominees shall be
chosen from a list of recommendees submitted by the Regional
Assembly. Such appointments need no confirmation.
SEC. 12. Shari'ah Appellate Court Justices Tenure of
Office. – The Presiding Justice and Associate Justices of the
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Shari'ah Appellate Court shall serve until they reach the age of
seventy (70) years, unless sooner removed for cause in the same
manner as justices of the Court of Appeals or become incapacitated
to discharge the duties of their office.
SEC. 13. Shari'ah Appellate Court Justices Compensation.
– The Presiding Justice and Associate Justices of the Shari'ah
Appellate Court shall receive the same compensation and enjoy
the same privileges as the Presiding Justice and Associate Justices
of the Court of Appeals, respectively.
SEC. 14. Shari'ah Appellate Court Administrator and
Clerk of Court. – The Supreme Court shall, upon recommendation
of the Presiding Justice of the Shari'ah Appellate Court, appoint
the court administrator and clerk of court of the Appellate Court.
Such other personnel as may be necessary for the Shari'ah
Appellate Court shall be appointed by the Presiding Justice of
said court.
The pertinent provisions of existing law regarding the
qualifications, appointments, compensations, functions, duties,
and other matters relative to the personnel of the Court of Appeals
shall apply to those of the Shari'ah Appellate Court.
SEC. 15. Prohibition Against Holding of Other Offices. –
The Justices of the Shari'ah Appellate Court and the judges of
other Shari'ah courts shall not be appointed or designated to any
office or agency performing quasi-judicial or administrative
functions.
SEC. 16. Shari'ah Appellate Court Official Seat. – The
official seat of the Shari'ah Appellate Court shall unless the
Supreme Court decides otherwise, be in the province or city where
the seat of the Regional Government is located.
SEC. 17. Shari'ah Appellate Court Proceedings. –
Proceedings in the Shari'ah Appellate Court and in the Shari'ah
lower courts in the autonomous region shall be governed by such
special rules as the Supreme Court may promulgate.
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SEC. 18. Shari'ah Courts. – The Shari'ah district courts
and the Shari'ah circuit courts created under existing laws shall
continue to function as provided therein. The judges of the Shari'ah
courts shall have the same qualifications as the judges of the
regional trial courts, the metropolitan trial courts or the municipal
trial courts, as the case may be. In addition, they must be learned
in Islamic law and jurisprudence.
SEC. 19. Tribal Courts. – 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 and family and property
rights of members of the indigenous cultural community
concerned in accordance with the tribal codes of these
communities. These courts may also exercise exclusive jurisdiction
over crimes committed by members of indigenous cultural
communities where the imposable penalty as prescribed by the
Revised Penal Code or other pertinent law does not exceed
imprisonment of six (6) years or a fine not exceeding Fifty thousand
pesos (P50,000) or both such imprisonment and fine and where
the offended party or parties are also members of the indigenous
cultural community concerned.
The Regional Assembly shall define the composition and
jurisdiction of the said courts in accordance with the Constitution,
existing laws, and this Organic Act.
SEC. 20. Jurisconsult in Islamic Law. – The Regional
Assembly shall give priority consideration to the organization of
the office of jurisconsult in Islamic law as established under
existing law and provision for its facilities to enable the proper
functioning of the office.
SEC. 21. Customary Law. – The Regional Assembly shall
provide for the codification of indigenous laws and compilation of
customary laws of the Muslims and the indigenous cultural
communities in the autonomous region.
SEC. 22. Application and Interpretation of Laws. – The
provisions of the Muslim code and the tribal code shall be applicable
35
only to Muslims and other members of indigenous cultural
communities respectively and nothing herein shall be construed
to operate to the prejudice of the non-Muslims and non-members
of indigenous cultural communities.
In case of conflict between the Muslim code and the tribal
code, the national law shall apply.
In case of conflict between the Muslim code or the tribal
code on the one hand, and the national law on the other, the
latter shall prevail.
Except in cases of successional rights to property, the regular
courts shall acquire jurisdiction over controversies involving real
property located outside the area of autonomy. Muslims who sue
other Muslims or members of indigenous cultural communities
who sue other members of indigenous cultural communities over
matters covered respectively by Shari'ah or by tribal laws may
agree to litigate their grievances before the proper Shari'ah or
tribal court in the autonomous region. The procedure for this
recourse to the Shari'ah or tribal court shall be prescribed by the
Supreme Court.
SEC. 23. Bases for Interpretation of Islamic Law. – Subject
to the provisions of the Constitution, the Shari'ah courts shall
interpret Islamic law based on sources such as:
(a) Al-Qur'an (The Koran);
(b) Al-Sunnah (Prophetic traditions);
(c) Al-Qiyas (Analogy); and
(d) Al-Ijima (Consensus).
SEC. 24. Shari'ah Powers and Functions. – The powers
and functions of the Shari'ah courts and the Shari'ah Public
Assistance Office shall be defined by the Regional Assembly subject
to the provisions of the Constitution.
36
ARTICLE IX
Fiscal Autonomy
SECTION 1. Revenue Source. – The Regional Government
shall have the power to create its own sources of revenues and to
levy taxes, fees, and charges, subject to the provisions of the
Constitution and this Organic Act.
SEC. 2. Fiscal Autonomy. – The Regional Government
shall enjoy fiscal autonomy in generating and budgeting its own
sources of revenue, its share of the internal revenue taxes and
block grants and subsidies remitted to it by the central government
or national government or any donor.
The utilization of its share of the internal revenue taxes
and block grants or subsidies from the central government or
national government shall be subject to a semi-annual and annual
audits by the Commission on Audit and to the rules and
regulations of the Department of Budget and Management. All
accountable officials of the Regional Government shall, upon
demand, furnish the Commission on Audit all documents, papers,
and effects necessary for the completion of the audit. Failure to
do so shall empower the President or the Secretary of Finance to
reduce, suspend, or cancel the release of funds intended for the
autonomous region to the extent of the amounts that cannot be
audited for reasons attributable to the officials of the autonomous
region or are unaccounted for after audit.
If more than half of the funds released to the autonomous
region by the central government or national government remain
unaccounted for six (6) months after the audit mentioned above,
the Secretary of Finance may also suspend or cancel the release
of any or all funds allocated by the central government or national
government for the autonomous region. Officials of the Regional
Government who fail to submit the documents, papers and effects
demanded by the Commission on Audit within the period specified
herein may be suspended or removed from office by the President
upon recommendation of the Secretary of Finance.
The utilization of the revenue generated by the Regional
Government and block grants or subsidies remitted to it by foreign
37
or domestic donors shall be subject to the rules and regulations of
the Regional Government Department of the Budget and
Management, if any, and to audit by regional government auditors.
In the absence of such rules and regulations, the audit of the said
funds, block grants or subsidies shall be done by the Commission
on Audit and the use thereof shall be in accordance with the rules
and regulations of the Department of the Budget and Management
of the central government or national government.
The results of the audit mentioned in this Section shall be
published in national newspapers of general circulation and in
newspapers of regional circulation. The results shall also be
announced over government-owned radio and television stations.
SEC. 3. Regional Tax Code. – The Regional Assembly may
enact a regional government tax code. Until the regional
government tax code is enacted, the pertinent provisions of
Republic Act No. 7160, the Local Government Code of 1991, shall
apply to tax ordinances of the provinces, cities, municipalities,
and barangay within the autonomous region.
SEC. 4. Regional Economic and Financial Programs. –
The Regional Government may formulate its own economic and
financial programs, subject to the provisions of the Constitution.
SEC. 5. Uniform, Equitable Taxation; Prohibition Against
Confiscatory Taxes, Fees. – In enacting revenue-raising
measures, the Regional Assembly shall observe the principles of
uniformity and equity in taxation and shall not impose confiscatory
taxes or fees of any kind. Until a regional tax code shall have
been enacted by it, the Regional Assembly may not revoke or
amend, directly or indirectly, any city or municipal ordinances
imposing taxes or fees on purely local businesses. Prior to the
revocation or amendment of such city or municipal ordinances,
the Regional Assembly shall consult with the city or municipal
government concerned.
SEC. 6. Payment of Taxes. – Corporations, partnerships,
or firms directly engaged in business in the autonomous region
shall pay their corresponding taxes, fees, and charges in the
38
province or city, where the corporation, partnership, or firm is
doing business.
Corporations, partnerships, or firms whose central, main,
or head offices are located outside the autonomous region but
which are doing business within its territorial jurisdiction, by
farming, developing, or utilizing the land, aquatic, or natural
resources therein, shall pay the income taxes corresponding to
the income realized from their business operations in the
autonomous region to the city, or municipality where their branch
offices or business operations or activities are located.
SEC. 7. Extent of Tax Powers; Exceptions. – Unless
otherwise provided herein, the taxing power of the regional
government and of the provinces, cities, municipalities, and
barangay located therein shall not extend to the following:
(a) Income tax, except when levied on banks and other
financial institutions;
(b) Documentary stamps tax;
(c) Taxes on estate, inheritance, gifts, legacies, and other
acquisitions mortis causa, except as otherwise provided by law;
(d) Customs duties, registration fees of vessel and wharfage
on wharves, tonnage dues, and all other kinds of custom fees,
charges, and dues except vessels which are registered by their
owners with the Regional Government and wharfage on wharves
constructed and maintained by the Regional Government or the
local government unit concerned;
(e) Taxes, fees, or charges and other impositions upon goods
carried into or out of, or passing through the territorial
jurisdictions of the provinces, cities, municipalities, or barangay
of the autonomous region in the guise of charges for wharfage,
tolls for bridges, or otherwise, or other taxes, fees, or charges in
any form whatsoever upon such goods or merchandise except tolls
on bridges or roads constructed and maintained by the provinces,
39
cities, municipalities, or barangay concerned or by the Regional
Government.
(f) Taxes, fees, or charges on agricultural and aquatic
products when sold by marginal farmers or fisherfolk;
(g) Taxes on business enterprises certified by the Board of
Investments or by the Regional Assembly as pioneer or nonpioneer
for a period of six (6) and four (4) years, respectively from
the date of registration;
(h) Excise taxes on articles enumerated under the national
internal revenue code, and taxes, fees, or charges on petroleum
products;
(i) Percentage or value-added tax (VAT) on sales, barters,
or exchanges or similar transactions on goods or services except
as otherwise provided by law;
(j) Taxes on the gross receipts of transportation contractors
and persons engaged in the transportation of passengers or freight
by hire and common carriers by air, land, or water except as
provided in this Organic Act;
(k) Taxes on premiums paid by way of reinsurance or
retrocession;
(l) Taxes, fees, or other charges on Philippine products
actually exported, except as otherwise provided by law enacted by
the Congress;
(m) Taxes, fees, or charges on countryside, barangay
business enterprises and cooperatives duly registered under
Republic Act No. 6810, the "Magna Carta for Countryside and
Barangay Business Enterprises" and Republic Act No. 6938, the
"Cooperatives Code of the Philippines," respectively; and
(n) Taxes, fees, or charges of any kind on the central
government or national government, its agencies and
instrumentalities, and local government units except on
40
government-owned or -controlled corporations or entities that are
primarily organized to do business.
SEC. 8. Sources of Regional Government Revenue. – The
sources of revenues of the Regional Government 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) Taxes, fees, or charges for the registration of motor
vehicles and for the issuances of all kinds of licenses or permits
for the driving thereof, except tricycles which shall be registered
with the city or municipality within whose territorial boundaries
they are operated;
(d) Shares and revenue generated from the operations of
public utilities within the autonomous region;
(e) Appropriations, shares in the internal revenue taxes,
block grants, and other budgetary allocations coming from the
central government or national government; and
(f) Block grants derived from economic agreements or
conventions entered into or authorized by the Regional Assembly,
donations, endowments, foreign assistance, and other forms of
aid, subject to the pertinent provisions of the Constitution.
SEC. 9. Sharing of Internal Revenue, Natural Resources
Taxes, Fees and Charges. – The collections of a province or city
from national internal revenue taxes, fees and charges, and taxes
imposed on natural resources, shall be distributed as follows:
(a) Thirty-five percent (35%) to the province or city;
(b) Thirty-five percent (35%) to the regional government;
and
41
(c) Thirty percent (30%) to the central government or
national government.
The share of the province shall be apportioned as follows:
forty-five percent (45%) to the province, thirty-five percent (35%)
to the municipality and twenty percent (20%) to the barangay.
The share of the city shall be distributed as follows: fifty
percent (50%) to the city and fifty percent (50%) to the barangay
concerned.
The province or city concerned shall automatically retain
its share and remit the shares of the Regional Government and
the central government or national government to their respective
treasurers who shall, after deducting the share of the Regional
Government as mentioned in paragraphs (b) and (c) of this Section,
remit the balance to the national government within the first
five (5) days of every month after the collections were made.
The remittance of the shares of the provinces, cities,
municipalities, and barangay in the internal revenue taxes, fees,
and charges and the taxes, fees, and charges on the use,
development, and operation of natural resources within the
autonomous region shall be governed by law enacted by the
Regional Assembly.
The remittances of the share of the central government or
national government of the internal revenue taxes, fees, and
charges and on the taxes, fees, and charges on the use,
development, and operation of the natural resources within the
autonomous region shall be governed by the rules and regulations
promulgated by the Department of Finance of the central
government or national government.
Officials who fail to remit the shares of the central
government or national government, the Regional Government
and the local government units concerned in the taxes, fees, and
charges mentioned above may be suspended or removed from office
by order of the Secretary of Finance in cases involving the share
of the central government or national government or by the
42
Regional Governor in cases involving the share of the Regional
Government and by the proper local government executive in
cases involving the share of local government.
SEC. 10. Treasury Bills, Notes and Other Debt Papers. –
The Regional Government may issue treasury bills, bonds,
promissory notes, and other debt papers or documents pursuant
to law enacted by the Regional Assembly.
SEC. 11. Economic Agreements. – Subject to the provisions
of the Constitution, the Regional Government shall evolve a system
of economic agreements and trade compacts to generate block
grants for regional investments and improvements of regional
economic structures which shall be authorized by law enacted by
the Regional Assembly. Pursuant to specific recommendations of
the Regional Economic and Development Planning Board, the
Regional Government may assist local government units in their
requirements for counterpart funds for foreign-assisted projects.
SEC. 12. Donations or Grants; Tax Deductible. – The
Regional Government may accept donations or grants for the
development and welfare of the people in the autonomous region.
Such donations or grants that are used exclusively to finance
projects for education, health, youth and culture, and economic
development, may be deducted in full from the taxable income of
the donor or grantor.
SEC. 13. Regional Tax Exemptions. – The Regional
Assembly, by a vote of absolute majority of all its members, may
grant exemptions from regional taxes.
SEC. 14. Foreign or Domestic Loans. – The Regional
Governor may be authorized by the Regional Assembly to contract
foreign or domestic loans in accordance with the provisions of the
Constitution. The loans so contracted may take effect upon
approval by a majority of all the members of the Regional
Assembly.
SEC. 15. Collection and Sharing of Internal Revenue
Taxes. – The share of the central government or national
43
government of all current year collections of internal revenue
taxes, within the area of autonomy shall, for a period of five (5)
years be allotted for the Regional Government in the Annual
Appropriations Act.
The Bureau of Internal Revenue (BIR) or the duly authorized
treasurer of the city or municipality concerned, as the case may
be, shall continue to collect such taxes and remit the share to the
Regional Autonomous Government and the central government
or national government through duly accredited depository bank
within thirty (30) days from the end of each quarter of the current
year;
Fifty percent (50%) of the share of the central government
or national government of the yearly incremental revenue from
tax collections under Sections 106 (value-added tax on sales of
goods or properties), 108 (value-added tax on sale of services and
use or lease of properties) and 116 (tax on persons exempt from
value-added tax) of the National Internal Revenue Code (NIRC)
shall be shared by the Regional Government and the local
government units within the area of autonomy as follows:
(a) twenty percent (20%) shall accrue to the city or
municipality where such taxes are collected; and
(b) eighty percent (80%) shall accrue to the Regional
Government.
In all cases, the Regional Government shall remit to the
local government units their respective shares within sixty (60)
days from the end of each quarter of the current taxable year.
The provinces, cities, municipalities, and barangays within the
area of autonomy shall continue to receive their respective shares
in the Internal Revenue Allotment (IRA), as provided for in Section
284 of Republic Act No. 7160, the Local Government Code of 1991.
The five-year (5) period herein abovementioned may be extended
upon mutual agreement of the central government or national
government and the Regional Government.
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ARTICLE X
Ancestral Domain, Ancestral Lands and Agrarian Reform
SECTION 1. Ancestral Domain; Lands of Indigenous
Cultural Communities. – Subject to the Constitution and existing
laws, the Regional Government shall undertake measures to
protect the ancestral domain and ancestral lands of indigenous
cultural communities.
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. Such ancestral domain shall
include pasture lands, worship areas, burial grounds, forests and
fields, mineral resources, except strategic minerals such as
uranium, coal, petroleum; and other fossil fuels, mineral oils,
and all sources of potential energy; lakes, rivers, and lagoons;
and national reserves and marine parks, as well as forest and
watershed reservations. Until laws are enacted that provide
otherwise, fifty percent (50%) of the revenues derived from the
utilization and development of such strategic materials shall
accrue to the Regional Government and the provinces, cities,
municipalities, and barangay in the autonomous region. The
sharing between the Regional Government and the local
government units in the revenues derived from the strategic
materials mentioned above shall be apportioned according to the
formula set out in Section 5, Article XIII of this Organic Act.
Lands in the actual, open, public, and uninterrupted
possession and occupation by an indigenous cultural community
for at least thirty (30) years are ancestral lands.
SEC. 2. The constructive or traditional possession of lands
and resources by an indigenous cultural community may also be
recognized subject to judicial affirmation, the petition for which
shall be instituted within a period of ten (10) years from the
effectivity of this Organic Act. The procedure for judicial
affirmation of imperfect titles under existing laws shall, as far as
practicable, apply to the judicial affirmation of titles to ancestral
lands.
45
The foregoing provisions notwithstanding, titles secured
under the Torrens System, and rights already vested under the
provisions of existing laws shall be respected.
SEC. 3. As used in this Organic Act, the phrase "indigenous
cultural community" refers to Filipino citizens residing in the
autonomous region who are:
(a) Tribal peoples. These are citizens whose social, cultural,
and economic conditions distinguish them from other sectors of
the national community; and
(b) Bangsa Moro people. These are citizens who are
believers in Islam and who have retained some or all of their own
social, economic, cultural, and political institutions.
SEC. 4. Cultural Communities. – The customary laws,
traditions, and practices of indigenous cultural communities on
land claims and ownership and settlement of land dispute shall
be implemented and enforced among the members of such
communities.
SEC. 5. Ecological Balance. – The proclamations issued by
the central government or national government declaring old
growth or natural forests and all watersheds within the
autonomous region as forest reserves are hereby reiterated. The
forest reserves shall not be subjected to logging operations of any
nature or kind.
Forest concessions, timber licenses, contracts, or
agreements of any kind or nature whatsoever granted by the
central government or national government or by the Regional
Government as of the date of the approval of this Organic Act,
are hereby cancelled, nullified and voided, and shall not be renewed
until thirty (30) years after the approval of this Organic Act.
If the said forest reserves are logged over or are mined by
authority or neglect of the Regional Government, the funds
provided by the central government or national government
including the internal revenue shares of the Regional Government
46
may be withheld, reduced, cancelled, or forfeited by order of the
President.
Ten percent (10%) of the shares of the internal revenue
taxes of the Regional Government and of the provinces, cities,
municipalities, and barangay of the autonomous region and all
allocations for the development of the autonomous region by the
central government or national government shall be devoted to
reforestation projects and other environmental activities to
enhance the protection and development of the environment in
the autonomous region.
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 to restore, enhance, and maintain such a balance.
SEC. 6. Unless authorized by the Regional Assembly, lands
of the ancestral domain titled to or owned by an indigenous cultural
community shall not be disposed of to non-members.
SEC. 7. No portion of the ancestral domain shall be open to
resettlement by non-members of the indigenous cultural
communities.
SEC. 8. Regional Land Reform. – Subject to the provisions
of the Constitution, the Regional Assembly may enact an agrarian
reform law suitable to the special circumstances prevailing in
the autonomous region.
ARTICLE XI
Urban and Rural Planning and Development
SECTION 1. Urban and Rural Development. – The
Regional Government shall promote and formulate comprehensive
and integrated regional urban and rural development policies,
plans, programs, and projects responsive to the needs, aspirations,
and values of the people in the autonomous region.
47
SEC. 2. Indigenous Development Plans. – The Regional
Government shall initiate, formulate, and implement special
development programs and projects, responsive to the particular
aspirations, needs, and values of the indigenous cultural
communities.
SEC. 3. Equitable Development. – The Regional Government
shall provide equitable opportunities for the development of every
province, city, municipality, and barangay within its jurisdiction
and shall strengthen their existing planning bodies to ensure
wider public participation.
SEC. 4. Urban Land, Land and Water Use. – Consistent
with the Constitution, this Organic Act, and subject to ecological
considerations, the Regional Government shall within one (1) year
from the approval of this Organic Act, adopt and implement a
comprehensive urban land reform and land and water use
program, to ensure the just utilization of lands and waters within
its jurisdiction.
ARTICLE XII
Economy and Patrimony
SECTION 1. Regional Economy and Conservation of
Patrimony. – Consistent with the Constitution and existing laws,
the Regional Assembly may enact laws pertaining to the regional
economy and patrimony that are responsive to the needs of the
region. The Regional Government may not lower the standards
required by the central government or national government for
the protection, conservation, and enhancement of the natural
resources.
SEC. 2. Economic Zones, Centers and Ports. – The Regional
Government shall encourage, promote, and support the
establishment of economic zones, industrial centers, ports in
strategic areas, and growth centers to attract local and foreign
investments and business enterprises.
SEC. 3. Incentives for Investors. – The Regional Assembly
may by law grant incentives to investors in the autonomous region.
The central government or national government may likewise
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grant incentives to investors in the autonomous region in addition
to those provided by the Regional Government.
SEC. 4. Regional Economic Zone Authority; Freeports. –
The Regional Government may establish a regional economic zone
authority in the autonomous region. The Regional Economic Zone
Authority shall have similar powers as the Philippine Economic
Zone Authority and consistent with the Special Economic Zone
Act of 1995. The Regional Assembly may provide such additional
powers and functions to the Regional Economic Zone Authority
as may be necessary to meet the special circumstances of the
autonomous region.
Once the Regional Economic Zone Authority is created by
a Regional Assembly legislation, the Philippine Export Zone
Authority shall no longer authorize any other economic zone within
the autonomous region. Any corporation, firm, or entity established
within the autonomous region, by authority of the Philippine
Export Zone Authority, shall be placed under the jurisdiction of
the Regional Economic Zone Authority and shall continue to enjoy
the benefits granted to it by the Philippine Export Zone Authority.
SEC. 5. Use, Development of Mines, Minerals, and Other
Natural Resources; Revenue Sharing; Exceptions. – (a) Regional
Supervision and Control. The control and supervision over the
exploration, utilization, development, and protection of the mines
and minerals and other natural resources within the autonomous
region are hereby vested in the Regional Government in
accordance with the Constitution and the pertinent provisions of
this Organic Act except for the strategic minerals such as
uranium, petroleum, and other fossil fuels, mineral oils, all sources
of potential energy, as well as national reserves and aquatic parks,
forest and watershed reservations already delimited by authority
of the central government or national government and those that
may be defined by an Act of Congress within one (1) year from the
effectivity of this Organic Act.
(b) Sharing Between Central Government or National
Government and Regional Government in Strategic Minerals
Revenues, Taxes, or Fees. Fifty percent (50%) of the revenues,
taxes, or fees derived from the use and development of the strategic
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minerals shall accrue and be remitted to the Regional Government
within thirty (30) days from the end of every quarter of every
year. The other fifty percent (50%) shall accrue to the central
government or national government.
(c) Sharing Between Regional Government and Local
Government Units in Strategic Minerals Revenues, Taxes, or
Fees. The share of the Regional Government mentioned above is
hereby apportioned as follows: thirty percent (30%) to the Regional
Government; twenty percent (20%) to all the provinces; fifteen
percent (15%) to all the cities; twenty percent (20%) to all the
municipalities; and fifteen percent (15%) to all the barangays. If
there are no cities in the autonomous region as of the date the
sharing above mentioned is done, the share of the cities shall be
divided equally by all the provinces, municipalities, and barangay
in the autonomous region.
(d) Regional Assembly Authority to Grant Franchises and
Concessions and Empower Regional Governor to Grant Leases,
Permits, and Licenses. The Regional Assembly shall by law have
the authority to grant franchises and concessions and may by
law empower the Regional Governor to grant leases, permits,
and licenses over agricultural, forest, or mineral lands. The said
leases, permits, franchises, or concessions shall, however, cover
areas not exceeding the limits allowed by the Constitution and
shall subsist for a period not exceeding twenty-five (25) years.
Except as provided in this Organic Act, existing leases, permits,
licenses, franchises, and concessions shall be respected until their
expiration unless legally terminated earlier as provided by law
enacted either by Congress or by the Regional Assembly.
(e) Consultations with Cultural Communities, Needed. The
permits, licenses, franchises, or concessions over the natural
resources located within the boundaries of an ancestral domain
shall be issued by the Regional Assembly only after consultations
are conducted with the cultural community concerned.
SEC. 6. Use and Development of Natural Resources Open
to Citizens. – The exploration, development, and utilization of
natural resources, except those referred to in the first paragraph
of Section 5 of this Article, shall be allowed to all citizens and to
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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 citizens.
SEC. 7. Preferential Rights of Citizen-Inhabitants of
Autonomous Region. – Subject to the exceptions provided in this
Organic Act, citizens who are inhabitants of the autonomous
region shall have preferential rights over the exploration,
utilization, and development of natural resources of the
autonomous region. Existing rights over the exploration,
utilization, and development of natural resources shall be respected
subject to the exceptions specified in this Organic Act.
SEC. 8. Rules, Regulations and Fees. – The Regional
Assembly shall by law regulate the exploration, utilization,
development, and protection of the natural resources, including
the mines and minerals, except the strategic minerals as provided
in this Organic Act. The Regional Government shall, pursuant
to the said law, shall prescribe the rules and regulations and
impose regulatory fees in connection therewith. Upon the
enactment of the said law and the effectivity of such rules and
regulations, the fees imposed by the Regional Government shall
replace those that had been imposed by the central government
or national government.
SEC. 9. Regulation of Small-Scale Mining. – Small-scale
mining shall be regulated by the Regional Government to the end
that the ecological balance, safety and health, and the interests
of the indigenous cultural communities, the miners, and the people
of the place where such operations are conducted are duly protected
and safeguarded.
SEC. 10. Regional Economic and Development Planning
Board; Composition and Functions. – There is hereby created a
Regional Economic and Development Planning Board. The Board
shall be chaired by the Regional Governor. The members of the
Board shall be composed of all the provincial governors and the
city mayors of the provinces and cities within the autonomous
region; the Speaker, and two (2) members of the Regional Assembly
appointed by the Speaker, one (1) of whom shall be nominated by
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the opposition; and, five (5) representatives elected by the private
sector as prescribed by the Regional Assembly.
The Board shall serve as the planning, monitoring, and
coordinating agency for all development plans, projects, and
programs intended for the autonomous region. It shall evaluate
and recommend for approval by the Regional Assembly, the annual
work programs and comprehensive development plans of the
autonomous region. Once approved, it shall be the duty of the
Regional Governor to ensure the proper implementation of the
said annual work programs and comprehensive development
plans.
The Board shall formulate a master plan for a systematic,
progressive, and total development of the region. The master plan
shall take into account the development plans of the province,
city, municipality, and barangay concerned as mandated by
Republic Act No. 7160, the Local Government Code of 1991.
After due notice in writing, the attendance at meetings of
the Board by one-third (1/3) of its members with the Regional
Governor or the Regional Vice Governor and three (3) of the
representatives of the private sector being present, shall be a
sufficient quorum for the board to transact business.
The Board shall adopt its own rules of procedure for the
conduct of its meetings.
SEC. 11. Pioneering Public Utilities and Cooperatives. –
The Regional Assembly may, in the interest of regional welfare
and security, establish and operate pioneering public utilities.
Upon payment of just compensation, it may cause the transfer of
the ownership of such utilities to cooperatives or other collective
organizations.
SEC. 12. Proclamation of State of Calamity: Operation of
Public Utilities. – (a) Temporary take-over of operations. The
Regional Government may, in times of regional calamity declared
by the Regional Governor, when the public interest so requires
and under such reasonable terms and safeguards as may be
52
prescribed by the Regional Assembly, temporarily take over or
direct operation of any privately-owned public utility or business
affected with public interest. The public utility or business
concerned may contest the take over of its operations by the
Regional Government by filing a proper case or petition with the
Court of Appeals.
(b) Proclamation of state of calamity. The Regional
Governor may proclaim a state of calamity over the region or
parts thereof whenever typhoons, flash floods, earthquakes,
tsunamis, or other natural calamities cause widespread damage
or destruction to life or property in the region. The state of
calamity proclaimed by the Regional Governor shall only be for
the purpose of maximizing the efforts to rescue imperiled persons
and property and the expeditious rehabilitation of the damaged
area. The state of calamity proclaimed shall in no way suspend
any provision of the Constitution or this Organic Act, as well as,
the pertinent laws promulgated by the central government or
national government or the Regional Government.
SEC. 13. Legislating Benefits, Compensation for Victims
of Mining and Mining Operations; Rehabilitation of Affected
Areas. – The Regional Assembly shall enact laws for the benefit
and welfare of the inhabitants injured, harmed or adversely affected
by the harnessing of natural and mineral resources in the
autonomous region. Such laws may include payment of just
compensation to and relocation of the people and rehabilitation of
the areas adversely affected by the harnessing of natural and
mineral resources mentioned above.
The Regional Assembly may by law require the persons,
natural or juridical, responsible for causing the harm or injury
mentioned above to bear the costs of compensation, relocation
and rehabilitation mentioned above wholly or partially.
SEC. 14. Reforestation; Support for Lumads or Tribal
Peoples. – 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 watershed areas,
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strips of land along the edges of rivers and streams and shorelines
of lakes and the seas within or abutting the autonomous region.
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 specially the lumads or tribal peoples.
The Regional Government shall also adopt measures to
employ the people who may be displaced by the cancellation or
revocation of timber concessions, licenses, contracts, or agreements
mentioned in paragraph above.
SEC. 15. Prohibition Against Toxic or Hazardous
Substances. – The Regional Government shall prohibit the use,
importation, deposit, disposal, and dumping of toxic or hazardous
substances within the autonomous region.
SEC. 16. Business Ownership. – The Regional Government
shall adopt policies to promote profit sharing and broaden the
base of ownership of business enterprises.
SEC. 17. Incentives, Tax Rebates and Holidays. – The
Regional Assembly may by law, and with the approval of the
absolute majority of all its members, grant incentives, including
tax rebates and holidays, for investors in businesses that contribute
to the development of the autonomous region. It may provide
similar incentives to companies doing business in the autonomous
region which reinvest at least fifty percent (50%) of their net
profits therein, and to cooperatives which reinvest at least ten
percent (10%) of their surplus into socially-oriented projects in
the autonomous region.
SEC. 18. Transport and Communication Facilities,
Priority Projects. – The Regional Government shall give priority
to the establishment of transportation and communication
facilities to expedite the economic development of the autonomous
region.
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SEC. 19. Power Services Priority. – In the delivery of
power services, priority shall be given to provinces and cities in
the autonomous region which need but do not have direct access
to such services.
SEC. 20. Pioneering Firms. – The Regional Assembly may
create pioneering firms and other business entities to boost
economic development in the autonomous region.
Agriculture, Fisheries and Aquatic Resources
SEC. 21. Farming and Fishing Cooperatives. – The
Regional Government shall recognize, promote, and protect the
rights and welfare of farmers, farm-workers, fisherfolk, and fishworkers,
as well as cooperatives and associations of farmers and
fish-workers.
SEC. 22. Agricultural Productivity; Organic Farming. –
The Regional Government shall encourage agricultural
productivity and promote diversified and organic farming.
SEC. 23. Soil and Water Conservation. – The Regional
Government shall give top priority to the conservation, protection,
utilization, and development of soil and water resources for
agricultural purposes.
SEC. 24. Aquatic and Fisheries Code. – The Regional
Assembly may enact an aquatic and fisheries code which shall
enhance, develop, conserve, and protect marine and aquatic
resources, and shall protect the rights of subsistence fisherfolk to
the preferential use of communal marine and fishing resources,
including seaweeds. This protection shall extend to offshore fishing
grounds, up to and including all waters fifteen (15) kilometers
from the coastline of the autonomous region but within the
territorial waters of the Republic, regardless of depth and the
seabed and the subsoil that are included between two (2) lines
drawn perpendicular to the general coastline from points where
the boundary lines of the autonomous region touch the sea at low
tide and a third line parallel to the general coastline.
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The provinces and cities within the autonomous region shall
have priority rights to the utilization, development, conservation,
and protection of the aforementioned offshore fishing grounds.
The provinces and cities concerned shall provide support to
subsistence fisherfolk through appropriate technology and
research, adequate financial, production, marketing assistance,
and other services.
The Regional Assembly shall enact priority legislation to
ensure that fish-workers shall receive a just share from their
labor in the utilization, production, and development of marine
and fishing resources.
The Regional Assembly shall enact priority legislation to
develop science, technology, and other disciplines for the protection
and maintenance of aquatic and marine ecology.
SEC. 25. Agriculture and Fisheries Bureau. – The Regional
Assembly shall by law, create a Bureau on Agriculture and
Fisheries and define its composition, powers and functions.
Trade and Industry
SEC. 26. Private Sector. – The Regional Government
recognizes the private sector as the prime mover of trade,
commerce, and industry. It shall encourage and support the
building up of entrepreneurial capability in the autonomous region
and shall recognize, promote, and protect cooperatives.
SEC. 27. Cottage Industries. – The Regional Government
shall promote and protect cottage industries by providing
assistance such as marketing opportunities, financial support,
tax incentives, appropriate and alternative technology and
technical training to produce semi-finished and finished products.
Deserving small and medium-scale cottage industries may be
provided priority assistance.
SEC. 28. Banks and Financial Institutions. – The Regional
Government shall, subject to the supervision of the Bangko Sentral
56
ng Pilipinas, encourage the establishment in the autonomous
region of:
(a) Banks and financial institutions and their branches;
and
(b) Off-shore banking units of foreign banks.
SEC. 29. Islamic Banks. – The Bangko Sentral ng Pilipinas
shall establish an Islamic Bank and authorize the establishment
of its branches in the autonomous region.
The members of the board of directors or trustees of the
Islamic Bank shall be appointed by the President upon
recommendation of the Regional Governor. The persons
recommended by the Regional Governor shall possess educational
qualifications and sufficient experience in the management and
operation of Islamic banking and shall be subject to confirmation
by the Regional Assembly before they are recommended to the
President. The board of directors or trustees of the bank shall
elect from among their members the chair, the vice chair and the
president of the bank. Other bank officials and employees shall
be appointed by the president of the bank.
SEC. 30. Bangko Sentral Regional Bank. – The Bangko
Sentral ng Pilipinas shall establish a Bangko Sentral Regional
Bank with full banking services in the capital city or any suitable
municipality in the autonomous region within one (1) year from
the approval of this Organic Act. The Regional Governor shall
submit a list of qualified persons to the appropriate Bangko Sentral
authority from which the staff of the regional office may be chosen.
The rights of the Bangko Sentral personnel who are occupying
positions in the Bangko Sentral Regional Office as of the date of
the approval of this Organic Act to continue as such shall be
respected.
SEC. 31. Barter and Counter-Trade. – Subject to existing
laws, the Regional Government shall regulate traditional barter
trade and counter-trade with Indonesia, Malaysia, or Brunei. The
goods or items that are bartered or counter-traded with the said
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countries shall not be sold elsewhere in the country without
payment of appropriate customs or import duties. The Department
of Finance shall, in consultation with the Regional Government,
promulgate the rules to govern barter and counter-trade within
six (6) months from the approval of this Organic Act.
SEC. 32. Consumer Education and Welfare. – The Regional
Government shall promote consumer education and protect the
rights, interests, and general welfare of the consumers.
SEC. 33. Local Labor and Goods. – The Regional
Government shall promote the preferential use of local labor and
locally produced goods and materials by adopting measures to
increase their competitiveness.
SEC. 34. Foreign Investments. – Subject to the provisions
of the Constitution, the Regional Government shall regulate and
exercise authority over foreign investments within its jurisdiction.
The central government or national government may intervene
in such matters only if national security is involved.
Tourism Development
SEC. 35. Regional Tourism. – The Regional Government
shall have primary jurisdiction in the promotion of tourism within
the autonomous region. In promoting tourism, the diverse cultural
heritage, and the moral and spiritual values of the people in the
autonomous region shall be upheld, respected, and maintained.
SEC. 36. Tourism Office. – The Regional Assembly may,
by law, create a regional tourism office, and define its composition,
powers and functions.
The Department of Tourism of the central government or
national government shall, whenever feasible, extend financial
and technical support to the tourism program of the Regional
Government.
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ARTICLE XIII
Public Order and Security
SECTION 1. Law and Order. – The Regional Government
shall give priority to the maintenance and preservation of law
and order for the establishment of peace and the protection of life,
liberty, and property of the people in the autonomous region, in
consonance with the provisions of the Constitution and this
Organic Act.
SEC. 2. Regional Security Force. – There is hereby created
a Philippine National Police Regional Command for the
autonomous region, hereafter called the Special Regional Security
Force (SRSF) or Regional Police Force, in short.
SEC. 3. Law Governing Regional Police Force. – The
Regional Assembly shall enact laws to govern the Regional Police
Force consistent with the pertinent provisions of the Constitution
and this Organic Act.
The members of the Moro National Liberation Front who
are integrated into the Regional Police Force may be deployed in
the autonomous region or elsewhere in the Republic as may be
determined by the proper police authorities.
SEC. 4. Regional Police Force Composition. – The PNP
Regional Command for the autonomous region/SRSF shall be
composed of the existing PNP units therein, the MNLF elements,
and other residents of the area who may later on be recruited into
the SRSF.
SEC. 5. Powers and Functions of Regional Police Force. –
The Regional Police Force shall exercise within the autonomous
region the following powers and functions:
(a) Enforce laws enacted by the Congress and by the
Regional Assembly relative to the protection of lives and properties
of the people;
(b) Maintain law and order and ensure public safety;
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(c) Investigate and prevent crimes, arrest criminal
offenders, bring criminal suspects to justice, and assist in their
prosecution;
(d) Effect other arrests, searches, and seizures in
accordance with the Constitution and pertinent laws;
(e) Detain persons for a period not exceeding what is
prescribed by law, inform the person so detained of all his or her
rights under the Constitution, and observe the human rights of
all people in the autonomous region;
(f) Process applications for the licensing of firearms for
approval by the proper official of the Philippine National Police;
(g) Initiate drives for the licensing or surrender of
unlicensed firearms; confiscate unlicensed firearms after such
drives are over; prosecute or recommend to the President the
grant of amnesty or pardon to possessors of unlicensed firearms
who surrender them; and
(h) Perform such other duties and exercise all other
functions as may be provided by law enacted by Congress or by
the Regional Assembly.
SEC. 6. Observance of Constitution and Laws. – The
Regional Police Force shall be charged with the preservation of
peace, the maintenance of law and order, and the protection of
life, liberty, and property in the autonomous region in consonance
with the Constitution and pertinent legislation.
The Regional Police Force shall be run professionally and
free from partisan political control. The discharge of its functions
shall be done impartially and with professional integrity. It shall
be constrained by and accountable to the law.
SEC. 7. Regional Police Framework and Organization. –
The philosophical framework and structural organization of the
Regional Police Force shall be as follows:
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(a) It shall be civilian in nature and character;
(b) The scope of its operations shall be regional. The
Regional Police Force, its units or personnel may be deployed
elsewhere in the Republic as directed by the National Police
Commission or when needed to suppress lawless violence, pursue,
and arrest criminal offenders or maintain law and order. In such
circumstances, the order to deploy must be signed by the chairman
of the National Police Commission and approved by the President.
The President may also order the said deployment on his own
authority;
(c) It shall be headed by a regional director who shall be
assisted by two deputies, one for administration and one for
operations. The regional director and the two deputies shall come
from the ranks of the professional police force, preferably from
any province, city, or municipality of the autonomous region;
(d) It shall have regional, provincial, and city or municipal
offices;
(e) At the provincial level, there shall be a provincial office
headed by a provincial director, who shall be a professional police
officer with the rank of police superintendent, at least; and
(f) At the city or municipal level, there shall be an office
or station which shall be headed by a Chief of Police, who shall be
a professional police officer with the rank of police superintendent
for the city and police inspector for the municipality.
SEC. 8. Power of Regional Governor Over Regional Police
Force. – The Regional Governor shall have the following powers
over the Regional Police Force:
(a) To act as the deputy of the National Police Commission
in the region and as the ex officio chair of the Regional Police
Commission;
(b) To exercise operational control and general supervision
and disciplinary powers over the Regional Police Force;
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(c) To employ or deploy the elements of and assign or
reassign the Regional Police Force through the regional director.
The Regional Director may not countermand the order of the
Regional Governor unless it is in violation of the Constitution
and the law;
(d) To recommend to the President the appointment of the
regional director and his two deputies;
(e) To oversee the preparation and implementation of the
Integrated Regional Public Safety Plan;
(f) To impose, after due notice and summary hearings of
the citizen's complaints, administrative penalties on personnel of
the Regional Police Force except those who are appointed by the
President; and
(g) Do everything necessary to promote widespread support
by the various communities making up the autonomous region
for the Regional Police Force.
SEC. 9. Regional Police Directors. – The selection,
assignment, and appointment of the Provincial and City Directors
of the Regional Police Force and the assignment of Moro National
Liberation Front integrees shall be done pursuant to Republic
Act No. 6975, the Philippine National Police Law and Republic
Act No. 8551, the Philippine National Police Reform and
Reorganization Act of 1998.
SEC. 10. Regional Police Commission. – There is hereby
created a regional police commission which shall perform the
functions of the National Police Commission in the autonomous
region. The Regional Police Commission shall be under the
administration and control of the National Police Commission.
The chairman and the members, thereof, shall be appointed by
the Regional Governor subject to confirmation by the Regional
Assembly. The chairman shall be an ex officio commissioner of
the National Police Commission on matters dealing with the
Regional Police Force.
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The Regional Police Commission shall have the power to
investigate complaints against the Regional Police Force. Appeals
from its decisions may be lodged with the National Police
Commission. Pending resolution of the appeal, its decisions may
be executed. The rules and regulations governing the investigation
of members of the Philippine National Police shall be followed by
the Regional Police Commission in the absence of rules and
regulations enacted by the Regional Assembly.
SEC. 11. Regional Defense and Security. – The defense
and security of the autonomous region shall be the responsibility
of the central government or 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 central government or national government shall have
the authority to station and deploy in the autonomous region
such elements of the Armed Forces as may be necessary to carry
out that responsibility. Qualified inhabitants of the autonomous
region shall be given preference for assignments in the said
regional command.
SEC. 12. Calling Upon the Armed Forces. – The provisions
of the preceding sections notwithstanding, the Regional Governor
may request the President to call upon the Armed Forces of the
Philippines:
(1) To prevent or suppress lawless violence, invasion, or
rebellion, when the public safety so requires, in the autonomous
region in accordance with the provisions of the Constitution;
(2) To suppress the danger to or breach of peace in the
autonomous region, when the Regional Police Force is not able to
do so; or,
(3) To avert any imminent danger to public order and
security in the area of autonomy.
The President may on his own accord send the Armed Forces
of the Philippines into the autonomous region to attain the above
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objectives if the Regional Governor does not act within fifteen (15)
days after the occurrence of the events mentioned above that need
to be suppressed, prevented, or suppressed.
SEC. 13. Indigenous Structures. – The Regional
Government shall recognize indigenous structures or systems
which promote peace, law, and order.
ARTICLE XIV
Education, Science and Technology, Arts, and Sports
SECTION 1. Quality Education, A Top Priority. – The
Regional Government shall establish, maintain, and support as
a top priority a complete and integrated system of quality education
and adopt an educational framework that is meaningful, relevant,
and responsive to the needs, ideals, and aspirations of the people
in the region.
The schools, colleges, and universities existing in the
autonomous region as of the date of the approval of this Organic
Act and such other schools and institutions that may be established
in the region shall be deemed integral components of the
educational system of the Regional Government.
The educational system of the Regional Government shall
be deemed a subsystem of the national educational system. The
regional educational subsystem shall enjoy fiscal autonomy and
academic freedom.
Educational Policies
SEC. 2. Policies and Principles. – Consistent with the basic
state policy on education, the Regional Government shall adopt
the following educational policies and principles:
(a) Perpetuation of Filipino and Islamic values. The
regional educational subsystem shall perpetuate Filipino and
Islamic values and ideals, aspirations, and orientations. It shall
develop the total spiritual, intellectual, social, cultural, scientific,
and physical aspects of the people of the autonomous region to
make them god-fearing, productive, patriotic citizens, and
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conscious of their Filipino and Islamic values and cultural
heritage;
(b) Inculcation of values of peaceful settlement of disputes.
The regional educational subsystem shall prioritize the inculcation
among the citizenry and students of their commitment to the
peaceful settlement of disputes and grievances and the avoidance
of the use of lawless violence.
To this end, emphasis shall be placed on the desirability
and practicality of relying upon democratic and legal processes
rather than on the use of guns or resort to violence to settle
personal, familial, or tribal problems. The Regional Assembly
may, by law, establish a program for the surrender of firearms
with payment of compensation provided by the Regional
Government. The program may also be supported from the funds
of the Philippine National Police.
(c) Optional religious instruction. Religious instruction in
public schools shall be optional, with the written consent of the
parent or guardian, and taught by the authorities of the religion
to which the student belongs. The teaching of religion shall not
involve additional costs to the government in accordance with
national policies;
(d) Inculcation of patriotism and nationalism. To develop,
promote, and enhance unity in diversity, all schools in the
autonomous region shall inculcate into the minds of their students
the values of patriotism and nationalism, appreciation of the role
of national and regional heroes in the historical development of
the country and region, foster love of humanity, respect for human
rights, and teach the rights and duties of citizenship, and the
cultures of the Muslims, Christians, and tribal peoples in the
region;
(e) Vocational and special education. The thrusts,
programs, and administration of vocational, non-formal, and
special education shall be supported and made relevant to the
manpower needs of the region;
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(f) Scholarships, student loans and scholarships. A system
of scholarship programs, grants, student loans, subsidies, and
other incentives shall be made available to all poor but deserving
students;
(g) Funding for local education programs. Funding for
local educational programs shall be the responsibility of the
Regional Government;
(h) Community participation in education. The active
participation of the home, community, religious organizations,
and other sectors in the total educative process of the child shall
be encouraged and supported;
(i) Development of regional language. A regional language
may be evolved and developed from the different dialects in the
region;
(j) Media of instruction in schools. Filipino and English
shall be the media of instruction in all schools in the autonomous
region. Arabic shall be an auxiliary medium of instruction;
(k) Teaching of Arabic as subject. Arabic shall be taught
as a subject in all grade levels as required for Muslims under
existing laws and optional, for non-Muslims;
(l) Auxiliary official languages. Regional languages may
be used as auxiliary official languages in the region as well as
auxiliary media of instruction and communication;
(m) Develop ethnic identity. Education in the autonomous
region shall develop consciousness and appreciation of one's ethnic
identity and shall provide a better understanding of another
person's cultural heritage for the attainment of national unity
and harmony;
(n) The Regional Government shall recognize the
participation of private institutions of learning, including the
Madaris (Arabic schools), in providing quality education to the
people of the region; and
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(o) (1) Basic education structure. The elementary level
shall follow the basic national structure and shall provide basic
education, the secondary level will correspond to four (4) years of
high school, and the tertiary level shall be one year to three (3)
years for non-degree courses and four (4) to eight (8) years for
degree courses, as the case may be, in accordance with existing
laws.
(2) Social studies subjects contents. Filipino and Islamic
values shall be incorporated in the social studies subjects or their
equivalent in appropriate grade levels and subject to agreed norms,
academic freedom, and legal limitations. These values shall be
taught also as a part of appropriate subjects in the secondary and
tertiary levels of education.
(3) Textbook preparation, writing, revision and printing.
The preparation, writing, revision, and printing of textbooks for
the use of the schools in the autonomous region shall be the joint
responsibility of the Regional Government and the central
government or national government. Subject to agreed norms,
academic freedom, and relevant legal limits, the preparation,
writing, revision, and printing of the textbooks shall emphasize
Filipino and Islamic values. The said values shall include those
of Muslims, Christians, and indigenous peoples, human rights,
modern sciences and technology, as well as, the latest advances
in education that are relevant to the ideals of the autonomous
region and to the Republic.
(4) Accreditation for transfer to other schools. After they
shall have passed the core curriculum prescribed by the central
government or national government, the students and graduates
of the education system of the autonomous region shall be fully
accredited for transfer to the corresponding grade levels in the
schools outside the autonomous region.
(5) Period for integration of Islamic values. The integration
of Islamic values in the curriculum of the regional educational
subsystem shall be done over a period of six (6) years from the
approval of this Organic Act after appropriate researches and
studies shall have been conducted, evaluated, and approved by
the regional education authorities.
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(6) Primary responsibility for learning aids and
instructional materials. The Regional Government shall have
the primary responsibility to provide learning aids and
instructional materials to the schools in the autonomous region
in addition to those already prescribed by the central government
or national government.
(7) Responsibility for selection, recruitment, appointment,
promotion, and civil service protection of teachers and nonteaching
personnel. (a) The selection, recruitment, appointment,
and promotion of teaching and non-teaching personnel of the
regional educational subsystem shall be the responsibility of the
Regional Government. The teaching and non-teaching personnel
of the regional educational subsystem who have appropriate civil
service eligibility may not be replaced, removed, or dismissed
without just cause.
(b) The Regional Government may impose its regionallydefined
standards for the employment of teaching and nonteaching
personnel in its school system which, however, shall
not be lower than the standards of the Department of Education,
Culture and Sports.
(c) In the selection, recruitment, appointment, and
promotion of elementary, secondary, and tertiary education
teaching and non-teaching personnel, the minimum requirements
and standards prescribed by the Department of Education, Culture
and Sports, the Commission on Higher Education, and the
Technical Education and Skills Development Authority shall be
observed by the regional educational subsystem.
(8) Preservation of culture, mores, customs, and
traditions. The culture, mores, customs, and traditions of the
Muslim people and those of the Christians and indigenous people,
shall be preserved, respected, enhanced, and developed.
(9) Schools to preserve, enhance, and develop cultures,
mores, customs, and traditions. The regular public and Madaris
schools in the autonomous region shall be the primary vehicles
for the preservation, enhancement, and development of the said
cultures, mores, customs, and traditions.
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SEC. 3. Regional Educational Curricula. – The Regional
Department of Education, Culture and Sports shall develop
curricula that are relevant to the economic, social, political,
cultural, moral, and spiritual needs of the people in the autonomous
region.
SEC. 4. Education, Management, and Control of Education.
– The management, control, and supervision of the regional
educational subsystem shall be the primary concern of the
Regional Government.
The Department of Education, Culture and Sports, the
Commission on Higher Education, and the Technical Education
and Skills Development Authority, and other appropriate
educational bodies of the central government or national
government shall monitor compliance by the regional educational
subsystem with national educational policies, standards, and
regulations. The Department of Education, Culture and Sports,
the Commission on Higher Education, and the Technical Education
and Skills Development Authority of the Regional Government
shall participate in policy and decision-making activities of their
counterparts of the central government or national government
in matters that affect the regional educational subsystem.
Educational Structure
SEC. 5. The Regional Assembly may, by law, create,
support, and maintain a regional Department of Education,
Culture and Sports, and shall define its powers, functions and
composition.
SEC. 6. Private Schools Supervision. – (a) The Regional
Department of Education, Culture and Sports shall be responsible
for the supervision and regulation of private schools.
(b) Private schools, including sectarian and non-sectarian
institutions of learning of whatever level, may organize themselves
and shall have the right to participate and be represented by
three (3) representatives in the deliberations of the Regional
Department of Education, Culture and Sports on matters dealing
with private schools.
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(c) The representatives of the private schools to the
Regional Department of Education, Culture and Sports shall act
for the sectarian Christian schools, non-sectarian schools, and
the schools of the lumads, if any.
(d) The right of sectarian educational institutions to
propagate their religious beliefs shall be not be curtailed. The
regional educational subsystem shall not discriminate against
the sectarian educational institutions in any manner or form.
SEC. 7. Educational Subsystem Structure. – The
organizational structure of the regional educational subsystem
shall follow the basic structure of the educational system of the
central government or national government. The Regional
Assembly may, however, create its own structures. It shall
prescribe the same curricular years as those prescribed nationally.
SEC. 8. Academic Freedom and Fiscal Autonomy. – State
colleges and universities shall be part of the regional educational
subsystem within the autonomous region and shall enjoy academic
freedom and fiscal autonomy and shall continue to be governed
by their respective charters. The provisions of existing laws to
the contrary notwithstanding, the Regional Government shall be
represented in the board of state universities and colleges in the
region by the Chair of the Committee on Education, Culture and
Sports of the Regional Assembly either as co-chair or co-vice chair.
SEC. 9. Education Centers. – All state colleges and
universities in the autonomous region shall serve as regional
centers for tertiary and post graduate education in their respective
areas of competence.
SEC. 10. Tribal University System. – The Regional
Assembly may create a tribal university system within the
autonomous region to address the higher educational needs of the
indigenous cultural communities in the region.
Madrasah Education
SEC. 11. Supervision of Madaris Schools. – Accredited
madaris in the autonomous region shall be supervised by the
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Department of Education, Culture and Sports in accordance with
the principles of the Constitution and this Organic Act. The
educational policies should also take into consideration the
teaching of the Koran that an educational system should inculcate
respect by individuals for duly constituted authority. A periodic
review and supervision of the 'Madaris' educational system shall
be conducted by the Department of Education, Culture and Sports
and a monthly report shall be submitted by the Department to
Congress through the Senate President, the Speaker and the
Chairs of respective education committees of both Houses of
Congress or the corresponding committees of the Regional
Assembly of the autonomous region in Muslim Mindanao, if there
are such committees in the said Assembly.
SEC. 12. Madrasah Educational System; Arabic as
Medium of Instruction. – The Regional Assembly shall enact
legislation for the strengthening and development of the Madrasah
Educational System in the autonomous region.
Arabic is hereby recognized as a medium of instruction in
madaris (schools) and other Islamic institutions.
SEC. 13. Madaris. – Existing madaris and madaris ulya
are deemed parts of the regional educational subsystem.
SEC. 14. Madaris Teachers Qualifying Examinations;
Compensation. – The Regional Department of Education, Culture
and Sports shall, in coordination with the Regional Commission
on Higher Education, conduct periodic competitive qualifying
examinations of madaris teachers for permanent appointments
to the regional educational subsystem.
The compensation of madaris teachers employed in the
public schools of the autonomous region shall be taken from the
funds of the Regional Government.
Science and Technology
SEC. 15. Science and Technology. – Science and
Technology are recognized as essential to national and regional
progress and development.
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SEC. 16. Priority Legislation. – The Regional Assembly
shall enact laws that shall:
(a) Give priority to science, research, inventions,
technology, education, and their development and utilization;
(b) Provide incentives, including tax deduction and funding
assistance, and encourage the participation of the private sector
in basic and applied scientific researches;
(c) Regulate the transfer and promote the adoption of
technology from all sources for regional benefit;
(d) Secure and protect the exclusive rights of scientists,
inventors, scholars, writers, artists, and other gifted citizens to
their intellectual properties; and
(e) Ensure the full and effective participation of all sectors
in the planning, programming, coordination, and implementation
of scientific and technological researches and the acquisition,
adoption, innovation, and application of science and technology
for development.
SEC. 17. Environmental Changes. – The regional
educational subsystem shall endeavor to respond positively and
effectively to the climatic changes affecting the environment. It
shall monitor and evaluate ecological developments affecting the
region and develop appropriate plans to meet ecological situations.
To this end, it may establish linkages with appropriate domestic
and international institutions.
SEC. 18. Non-Formal Education. – The Regional
Department of Education, Culture and Sports shall institutionalize
non-formal education in scope and methodology, to include literacy,
numeracy, and intensive skills training of the youth and adults.
Scholarship Grants and Assistance
SEC. 19. Donations to Universities, Colleges and Schools.
– Public or private universities, colleges, and schools in the
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autonomous region may seek and receive local or foreign donations
for educational purposes. Donors to public or private universities,
colleges, and schools may deduct the amount of the donation from
their taxable income due to the Regional Government.
SEC. 20. Scholarship Programs. – The Regional
Government shall provide scholarships to qualified poor but
deserving students in all levels of education. To this end, the
Regional Government shall devote, at least, fifteen percent (15%)
of its regular budget for education to support scholarships and
shall endeavor to augment the funds for scholarships from other
sources of revenue, public or private.
The Regional Government shall administer the scholarship
programs of the Commission on Higher Education and the
Technical Education and Skills Development Authority
scholarship programs, both local and foreign within the region.
The administrative and other details of this transfer of authority
to administer the scholarship programs shall be done within six
(6) months from the approval of this Organic Act.
SEC. 21. Financial Assistance for Disadvantaged,
Deserving Students. – The Regional Government shall provide
financial assistance to disadvantaged but deserving students from
any funds including those provided by the central government or
national government for that purpose.
Funds for Education
SEC. 22. Release of Education Funds. – Educational funds
for the Regional Government allocated by the central government
or national government in the General Appropriations Act shall
be released directly to the treasurer of the Regional Government.
Physical Education and Sports Development
SEC. 23. Physical Education and Sports Development. –
The regional educational subsystem shall develop and maintain
an integrated and comprehensive physical education program. It
shall develop healthy, disciplined, creative, innovative, and
productive individuals, and promote the spirit of sportsmanship,
cooperation, teamwork, goodwill, and understanding.
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SEC. 24. Sports Programs. – The regional educational
subsystem shall encourage and support sports programs, league
competitions, indigenous games, martial arts, and amateur sports,
including training for regional, national and international
competitions.
Cultural Heritage
SEC. 25. Cultural Heritage. – The cultural heritage of the
people of the autonomous region shall be an integral component
of regional development.
SEC. 26. Protection and Promotion of Culture. – The
Regional Government shall recognize, respect, protect, preserve,
revive, develop, promote, and enhance the culture, customs,
traditions, beliefs, and practices of the people of the autonomous
region. It shall encourage and undertake the recovery, collection,
collation, and restoration of historical and cultural properties for
posterity.
SEC. 27. Bureau of Cultural Heritage. – The Regional
Assembly may, by law, create a bureau on cultural heritage. The
Bureau shall plan, initiate, implement, and monitor cultural
programs, projects, and activities that preserve and enhance the
positive elements of the indigenous culture of the inhabitants of
the autonomous region. It shall coordinate with other concerned
agencies engaged in similar and related activities.
ARTICLE XV
Social Justice, Services, Institutions, and Other Concerns
SECTION 1. Promotion of Social Justice. – The promotion
of social justice shall include the commitment to create social,
political, and economic opportunities based on freedom of initiative,
resourcefulness, and self-reliance.
SEC. 2. (a) Social Services. The Regional Assembly shall,
consistent with the provisions of the Constitution and existing
national laws, enact measures to provide and promote social
services.
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(b) Food and Drug Regulation. The Regional Assembly
shall, by law, establish and maintain an effective food and drug
regulatory system. The rational use of drugs through an essential
drugs list and the use of generic medicines or drugs, as well as
the use of herbal medicines and indigenous health resources,
whenever appropriate, shall be encouraged and promoted.
(c) Other Legislation. The Regional Assembly shall also
enact legislation on the following:
(1) Child health and development, including the support of
the physically challenged and other disadvantaged persons in need
of welfare services;
(2) Protection and development of the rights of women and
of indigenous population;
(3) Registration of births, marriages and deaths; and
(4) Fixing of regional public holidays.
SEC. 3. Housing Program. – The Regional Government,
in cooperation with the private sector, shall evolve its own housing
program that will provide adequate, low-cost, and decent housing
facilities, and other basic services to the residents of the region,
especially the underprivileged.
SEC. 4. The Regional Assembly shall, within one year from
its organization, enact measures embodying re-integration
programs responsive to the needs of former rebels who return to
the fold of the law. A rehabilitation program shall be provided for
displaced persons or communities that are victims of man-made
or natural calamities.
SEC. 5. Family as Nation's Foundation. – The Regional
Government recognizes the Filipino family as the foundation of
the nation. It shall strengthen its solidarity and actively promote
its total development.
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SEC. 6. Women's Rights. – The Regional Government
recognizes the role of women in nation building and regional
development. It shall promote their well-being and ensure their
fundamental rights and equality with men.
The Regional Government shall take appropriate measures
against all forms of exploitation of and discrimination against
women.
It shall ensure the representation of women in appropriate
decision and policy-making bodies.
SEC. 7. Youth. – The Regional Government recognizes the
vital role of the youth in nation building.
The Regional Assembly may, by law, create the Office of
Youth Affairs and define its powers, functions, and composition.
SEC. 8. People's Organization. – The Regional Government
shall protect and promote the rights of people's organizations.
SEC. 9. Protection of Labor. – The Regional Government
recognizes labor as a primary social economic force for
development. It shall afford full protection to labor, promote full
employment, ensure equal work opportunities regardless of sex,
race, or creed, and regulate the relations between workers and
employers.
The Regional Government shall ensure the right of labor
to its just share in the fruits of production, and the right of
enterprise to reasonable returns on investments and to expansion
and growth.
ARTICLE XVI
General Provisions
SECTION 1. The Regional Assembly is hereby empowered
to pass a law adopting an official regional emblem, seal, and hymn.
The regional emblem and seal shall be displayed along with the
national emblem and seal. The regional hymn shall be sung in
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after the national anthem in official proceedings at the discretion
of the government officials in the autonomous region.
SEC. 2. Disciplinary Authority Over Officials and
Employees. – The Regional Government shall have primary
disciplinary authority over officials and employees of the Regional
Government. In the exercise of that authority, the Regional
Government shall apply the Civil Service Law, rules and
regulations of the central government or national government
until the Regional Assembly shall have enacted a Regional Civil
Service Law.
The Regional Civil Service Law shall govern the conduct of
the civil servants, the qualifications for non-elective positions,
and the protection of civil service eligibles in various government
positions in the autonomous region. The Regional Civil Service
Law shall be consistent with the provisions of Article IX (B) of the
Constitution.
SEC. 3. Oath of Office. – All public officers and employees,
as well as members of the Regional Police Force and the military
establishment, shall be required to take an oath of allegiance to
the Republic of the Philippines, to support and defend the
Constitution and this Organic Act, renounce the use of violence,
and commit themselves to democratic means in the pursuit of
their ideals and aspirations.
SEC. 4. Civil Service Eligibility. – Until the Regional
Assembly shall have enacted a civil service law, the civil service
eligibilities required by the central government or national
government for appointments to public positions shall likewise
be required for appointments to government positions in the
Regional Government. As may be necessary, the Civil Service
Commission shall hold special civil service examinations in the
autonomous region. For a period not longer more than six (6)
years from the approval of this Organic Act, the central
government or national government shall endeavor to provide
appropriate civil service eligibility to applicants coming from the
autonomous region for government positions therein. The
minimum qualifications prescribed by law shall, however, be met.
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SEC. 5. Prohibition Against Employment of Military
Personnel in Civil Service. – No member of the Armed Forces of
the Philippines in the active service shall, at any time, be
appointed or designated in any capacity to a civilian position in
the Regional Government, including government-owned or
-controlled corporations, or in any of their subsidiaries or
instrumentalities within the autonomous region.
SEC. 6. Promulgation and Translation of Organic Act. –
This Organic Act shall be officially promulgated in Filipino,
English, and Arabic and translated into the dialects widely spoken
in the autonomous region. In case of conflict, the English text
shall prevail.
ARTICLE XVII
Amendments or Provisions
SECTION 1. Consistent with the provisions of the
Constitution, this Organic Act may be reamended or revised by
the Congress of the Philippines upon a vote of two-thirds (2/3) of
the Members of the House of Representatives and of the Senate
voting separately.
SEC. 2. The Regional Assembly shall have the power to
initiate proposals for amendment to or revisions 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 by a
vote of two-thirds (2/3) of the Members of the House of
Representatives and of the Senate voting separately.
SEC. 3. Any amendment to or revision of this Organic Act
shall become effective only when approved by a majority of the
vote 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 amendment or revision.
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ARTICLE XVIII
Transitory Provisions
SECTION 1. Disposition of Certain Real Properties of the
Autonomous Region. The land and permanent buildings or
structures owned, controlled, administered, or in the possession
of the Regional Government of the Autonomous Region in Muslim
Mindanao, including those formerly owned, held, administered,
or controlled by the defunct autonomous governments in Regions
IX and XII located in provinces and cities which do not vote
favorably for the inclusion of their respective areas in the
Autonomous Region in Muslim Mindanao as provided by this
Organic Act shall be purchased by the central government or
national government at a price to be determined by the Oversight
Committee as provided for in Section 3 of this Article, within
three (3) months from the holding of the said plebiscite. Any dispute
on the price as determined by the Oversight Committee may be
appealed to the President of the Philippines, who shall decide on
said price with finality within three (3) months from the receipt
of the appeal. The proceeds of the purchase shall be remitted to
the Regional Government of the Autonomous Region in Muslim
Mindanao.
The national government or central government shall
within three (3) months from its acquisition of said land and
permanent buildings or structures sell, transfer, and convey the
said properties in favor of the local government unit having
territorial jurisdiction thereover and willing to purchase the said
land and buildings or structures, or portions thereof, at the price
agreed upon by the central government or national government
with the local government concerned.
SEC. 2. Personnel Absorbed by Regional Government. –
All personnel of the central government or national government
and of government-owned or -controlled corporations who are
absorbed by the Regional Government shall retain their seniority
rights, compensation levels, and other benefits.
SEC. 3. Oversight Committee. – Within one (1) month from
the approval of this Organic Act, an oversight committee composed
of: (a) the Executive Secretary as Chairman, (b) the Secretary of
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Budget and Management, (c) the Regional Governor of the
autonomous region, (d) the Speaker of the Regional Assembly, (e)
the Chair of the Senate Committee on Local Government, (f) one
(1) other Senator designated by the Senate President, (g) the Chair
of the House Committee on Local Government, and (h) one (1)
other representative representing a congressional district in the
Autonomous Region in Muslim Mindanao 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 as ordained by
this Organic Act, 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 receiving it. If the President fails to act within said
period, the recommendations of the oversight committee shall be
deemed approved.
SEC. 4. Agencies and Offices Transferred to the
Autonomous Region. – Upon the election of the officials of the
Regional Government, as mandated by this Organic Act, the line
agencies and offices of the central government or national
government dealing with local government, social services, 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 central government or national government offices
and agencies in the autonomous region which are not excluded
under Section 3, Article IV of this Organic Act, together with
their personnel, equipment, properties, and budgets, shall be
placed under the control and supervision of the Regional
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Government pursuant to a schedule prescribed by the oversight
committee mentioned in Section 3 of this Article. The transfer of
these offices and agencies and their personnel, equipment,
properties, and budgets shall be accomplished within six (6) years
from the re-organization of the Regional Government.
The central government or national government shall
continue to provide such levels of expenditures as may be necessary
to enable the Regional Government to carry out the functions
devolved under this Organic Act. The annual budgetary support
shall, as soon as practicable, terminate for the line agencies or
offices devolved to the Regional Government.
SEC. 5. Notwithstanding the provisions of the preceding
section, the Government Service Insurance System (GSIS), the
Social Security System (SSS), 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.
SEC. 6. Budgetary Law, Rules, and Regulations. – Pending
the enactment of a regional budgetary law, the budgeting process
of the Regional Government shall be governed by pertinent rules
and regulations prescribed by the Department of Budget and
Management.
SEC. 7. First Regular Elections. – The first regular
elections of the Regional Governor, Regional Vice Governor and
members of the regional legislative assembly under this Organic
Act shall be held on the second Monday of September 2001. The
Commission on Elections shall promulgate rules and regulations
as may be necessary for the conduct of said election.
The election of the Regional Governor, Regional Vice
Governor, and members of the Regional Legislative Assembly of
the Autonomous Region In Muslim Mindanao (ARMM) set forth
in Republic Act No. 8953 is hereby reset accordingly.
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The funds for the holding of the ARMM elections shall be
taken from the savings of the national government or shall be
provided in the General Appropriations Act (GAA).
SEC. 8. The incumbent Regional Governor, Regional Vice
Governor, and members of the Regional Legislative Assembly of
the Autonomous Region in Muslim Mindanao shall continue in
office pursuant to existing laws and until their successors shall
have been duly elected and qualified.
SEC. 9. Within one (1) year from its organization, the
Regional Assembly shall, by law, create a code commission on
Muslim and a code commission on tribal laws. Each code
commission shall have three (3) members. The code commissions
shall codify tribal laws and Islamic laws and jurisprudence within
three (3) years from their creation and submit the same to the
Regional Assembly for enactment into law.
The Chairs and Commissioners of the code commissions
shall be entitled to reasonable per diems for the work.
SEC. 10. Initial Funds for the Regional Government. –
The sum of Fifteen million pesos (P15,000,000), which shall be
charged against the Contingent Fund of the President, is hereby
appropriated for the initial organizational requirements of the
Regional Government. Any deficiency shall be taken from savings
of the central government or national government. An amount
not exceeding Ten million pesos (P10,000,000) thereof shall be
allotted to the Commission on Elections to undertake an
information campaign on this Organic Act. The Commission on
Elections shall determine the manner of campaigning and the
deputization of government agencies for the purpose. The
Commission on Elections shall adopt measures to ensure the
dissemination of the said impartial information campaign.
SEC. 11. Annual Assistance. – In addition to the regular
annual allotment to fund the regular operations of the Regional
Government, such amounts as may be needed to fund the
infrastructure projects duly identified, endorsed, and approved
by the Regional Economic and Development Planning Board as
created herein shall be provided by the central government or
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national government as annual assistance for six (6) years after
the approval of this Organic Act, and shall be included in the
annual General Appropriations Act (GAA). The annual assistance
herein mentioned shall be appropriated and disbursed through a
Public Works Act duly enacted by the Regional Assembly. The
national programs and projects in the autonomous region shall
continue to be financed by central government or national
government funds.
SEC. 12. Sectoral Representatives. – The sectoral
representatives mentioned in Section 3, Article VI of this Organic
Act, shall be chosen by the sectoral groups concerned at sectoral
conventions called for the purpose by the Commission on Elections.
The sectoral conventions shall be held within three (3) months
after the date of the holding of the simultaneous plebiscites
mandated by this Organic Act.
The Commission on Elections (COMELEC) shall formulate
the rules and regulations to ensure equitable sectoral
representations in the Regional Assembly. It shall identify and
accredit the sectoral organizations, which shall be entitled to
sectoral representation in the Regional Assembly.
The Regional Assembly shall enact a law for the election of
marginalized and under-represented sectors, following the
principle of proportional representation, within its first term
following the approval of this Organic Act.
SEC. 13. Plebiscite and Effectivity of this Organic Act. –
This Organic Act shall take effect when approved by a majority
of the votes cast in the four (4) provinces constituting the present
Autonomous Region in Muslim Mindanao pursuant to Republic
Act No. 6734, the Organic Act for the Autonomous Region in
Muslim Mindanao.
A separate plebiscite shall be held simultaneously with the
plebiscite mentioned in the preceding paragraph in the Provinces
of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Palawan,
Sarangani, South Cotabato, Sultan Kudarat, Zamboanga del
Norte, Zamboanga del Sur and the newly created Province of
Zamboanga Sibugay, and the cities of Cotabato, Dapitan, Dipolog,
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General Santos, Iligan, Marawi, Pagadian, Puerto Princesa,
Zamboanga, Digos, Koronadal, Tacurong, and Kidapawan to
determine by majority vote cast in every province and city whether
or not the voters approve the inclusion of their respective provinces
or cities in the autonomous region. Only provinces and cities
voting favorably in such plebiscite shall be included in the
Autonomous Region in Muslim Mindanao.
If the majority of the votes cast in the said plebiscite in the
four (4) provinces favor the amendments to Republic Act 6734,
the amendments will be deemed ratified.
SEC. 14. Plebiscite Information Campaign. – The
Commission on Elections shall conduct an information campaign
on the plebiscite in every municipality, city, and province where
the plebiscite is held. Public conferences, assemblies, or meetings
on dates before the plebiscite day, itself, shall be held to inform
the residents thereof regarding the significance and meaning of
the plebiscite and to help them to cast their votes intelligently.
Free, full, and constructive discussion and exchange of views on
the issues shall be encouraged. For this purpose, the assistance
of persons of known probity and knowledge may be enlisted by
the Commission on Elections, the Regional Government, the local
government units or interested parties to act as speakers or
resource persons.
SEC. 15. Promulgation of Rules; Appropriations for
Simultaneous Plebiscites. – The Commission on Elections shall
within fifteen (15) days from the approval of this Organic Act,
promulgate such rules and regulations as may be necessary to
govern the conduct of the plebiscites.
The amount necessary for the conduct of the plebiscites
shall be charged against any savings of the appropriations of the
Commission on Elections and any deficiency thereof, shall be
augmented from the contingent fund.
SEC. 16. Zone of Peace and Development. – The Special
Zone of Peace and Development in the Southern Philippines, the
Southern Philippines Council for Peace and Development, and
the Consultative Assembly created under Executive Order No.
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371 dated October 2, 1996, are deemed abolished and shall cease
to exist as of the date of the approval of this Organic Act in the
said plebiscites. If this Organic Act is rejected in the said
plebiscites, the aforementioned bodies shall continue to exist only
in the four (4) provinces constituting the present ARMM and in
the provinces and cities that opt to join the expanded autonomous
region until abolished by law.
SEC. 17. Separability Clause. – The provisions of this
Organic Act are hereby declared to be separate and in the event
one or more of such provisions are held unconstitutional, the
validity of other provisions shall not be affected thereby.
SEC. 18. Repealing Clause. – All laws, decrees, orders,
rules and regulations, and other issuances or parts thereof, which
are inconsistent with this Organic Act, are hereby repealed or
modified accordingly.
SEC. 19. Effectivity Clause. – This Organic Act shall take
effect after fifteen (15) days following its complete publication in
at least two (2) national newspapers of general circulation and
one (1) local newspaper of general circulation in the autonomous
region.
Lapsed into law on March 31, 2001 without the President's
signature, pursuant to Sec. 27(1), Article VI of the Constitution.
