Title
Supreme Court
Establishment of Cordillera Autonomous Region
Law
Republic Act No. 8438
Decision Date
Dec 22, 1997
Republic Act No. 8438 establishes the Cordillera Autonomous Region in the Philippines, granting autonomy to the Cordillerans and promoting peace, development, and the protection of human rights within the region.

Q&A (Republic Act No. 8438)

The official name is the Cordillera Autonomous Region (CAR).

The territory includes the provinces of Benguet, Mountain Province, Ifugao, Abra, Kalinga, Apayao, and the chartered City of Baguio, subject to plebiscite ratification.

Cordillerans refer to all Filipino citizens who are domiciled within the territory of the Cordillera Autonomous Region.

The people exercise their fundamental and constitutional right to self-determination.

The President of the Republic of the Philippines exercises general supervision over the regional autonomous government and all local government units within the CAR.

Reserved powers include foreign affairs, national defense and security, postal service, coinage and fiscal policies, administration of justice, quarantine, customs and tariffs, citizenship, naturalization and immigration, general auditing, civil service and elections, foreign trade, patents, trademarks, trade names, and copyrights.

Initially, provinces of Abra, Benguet, Ifugao, and Mountain Province each elect two members per district, while Apayao, Kalinga, and the City of Baguio elect four members at large, with party-list representatives constituting 20% of the total number of representatives.

Members serve for a term of three (3) years and may not serve more than three (3) consecutive terms.

The Regional Vice-Governor serves as the presiding chairman of the Legislative Assembly.

Members of the Assembly and the Regional Governor cannot hold any other government office or employment during their terms. The Regional Governor and the Vice-Governor also cannot engage in the practice of any profession or partake in contracts with the regional government during their tenure.

The exploitation, exploration, development, enjoyment, and utilization of natural resources shall be under the control and supervision of the regional government, except for uranium, coal, and petroleum, which remain under national control.

Local indigenous customs, traditions, practices, and institutions are recognized and may be availed of by appropriate parties wherever applicable and without contravening morals and public policy.

The Assembly has the power to grant tax incentives or exemptions on taxes it is empowered to impose, but a tax exemption law requires the concurrence of a majority of all Assembly members.

Special elections shall be called if vacancy occurs at least one year before term expiration. Otherwise, the regional governor appoints a nominee from the same political party and district as the member who caused the vacancy.

Bills must pass three readings on separate days, with final copies distributed three days before passage unless urgent. The governor may approve, veto, or veto items of appropriations bills, with the Assembly able to override vetoes by two-thirds vote.

No, except under a state of emergency, active military personnel cannot be appointed or designated to civilian public positions in the region.

They have the right to participate and be equitably represented in social, economic, and political decision-making and in the formulation, implementation, and monitoring of local, regional, and national priorities and programs.

The development, storage, use, or transport of nuclear, biological, or chemical weapons is prohibited within the region.

The Regional Security Force is created by the Cordillera Assembly and the regional police are part of the Philippine National Police under the administration of the National Police Commission but are supervised operationally by city and municipal mayors and generally supervised by the Cordillera Governor.


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