QuestionsQuestions (Republic Act No. 6766)
RA 6766 creates an autonomous region in the Cordilleras known as the Cordillera Autonomous Region. Its initial area consists of the city and provinces that vote favorably in the plebiscite. The plebiscite area includes the provinces of Benguet, Mountain Province, Ifugao, Abra, and Kalinga-Apayao, and the chartered City of Baguio.
It states that the Cordillera Autonomous Region is an integral and inseparable part of the territory of the Republic of the Philippines. People uphold the Constitution and owe allegiance to the Republic, while autonomy is exercised within the framework of the Constitution and national sovereignty.
Key principles include: democratic participation and consent; protection of basic rights; aspiration for peace founded on justice and renunciation of lawless violence; equal access to resources and services with minimization of disparities; equitable participation of voluntary organizations; people-oriented development; respect for indigenous culture and sustainable balanced growth; civilian authority supremacy; and various anti-corruption, human rights, and equality policies.
It adopts devolution of powers appropriate to lower levels of government, but until a regional law implementing devolution is enacted, the Local Government Code shall be applicable.
The regional jurisdiction covers, where appropriate: administrative organization; sources of revenues; ancestral domain and natural resources; personal/family/property/tribal relations; urban and rural planning; economic/social/tourism development; educational policies; cultural heritage preservation and development; and powers/functions exercised by national departments—except reserved matters such as foreign affairs; national defense and security; postal service; coinage and fiscal/monetary policies; administration of justice; quarantine; customs and tariffs; citizenship/naturalization/immigration/deportation; general auditing/civil service/elections; foreign trade; and transport/communications affecting areas outside the region; and IP matters like patents/trademarks/copyrights.
The Cordillera Regional Government may exercise the power of eminent domain.
The President exercises general supervision over the Regional Government (including local government units) to ensure faithful execution of national and regional laws, directly or through the Cordillera Governor.
Legislative power is vested in the Cordillera Assembly. It exercises regional legislative authority subject to constitutional and Organic Act limits, including approving the regional budget and enacting regional laws.
It may create, divide, merge, abolish, or substantially alter boundaries of provinces/cities/municipalities/barangay or ili, and may change names—subject to approval by a majority of the votes cast in a plebiscite in the directly affected political units.
Members are elected from regional assembly districts apportioned by regional law using inhabitants and criteria considering geography and ethnolinguistic characteristics; each province/city has at least one member. Eligibility includes being a natural-born citizen, at least 21 years old, able to read/write, a registered voter in the subdivision, actual resident of the subdivision for at least one year and of the Cordilleras for at least five years immediately preceding election.
Members serve a three-year term and may not serve more than three consecutive terms.
Bills are presented to the Cordillera Governor. If approved, he signs; if vetoed due to ultra vires provisions or policy objections (or both), he returns with objections. The Assembly reconsideres, and if two-thirds of all Members agree to pass the bill, it becomes law. The Governor must communicate veto within 30 days; otherwise, it becomes law as if signed.
It reviews and confirms certain regional appointments (including cabinet-rank appointments, assistants, regional directors, heads of agencies/commissions). It is composed of the Speaker as Chairman and six members from different provinces/cities elected from among Assembly Members. The Chairman votes only in case of tie, and it acts within 30 session days.
It is a session at least once a month (or as the Assembly rules provide) where any member of the Cabinet, with consent of the Cordillera Governor, appears upon initiative (or upon request of the Assembly) to answer questions/interpellations relating to his department.
RA 6766 creates a system of tribal courts for indigenous cultural communities, possibly including a Tribal Appellate Court. They decide controversies and enforce decisions involving personal, family, and property rights in accordance with tribal codes. Their composition and jurisdiction are defined by the Cordillera Assembly in consultation with the Supreme Court.
Customary laws affecting personal, family, tribal and property relations are recognized among indigenous community members. Marriages solemnized under indigenous customary law are valid, and dissolution under those laws is recognized. Peaceful settlement of family disputes under customary practices is recognized. Acquisition/disposition/encumbrance of property under customary laws (subject to Constitution and national policies) is also protected.
Ancestral domain includes all lands and natural resources in the region possessed/occupied since time immemorial, except where prevented by war, force majeure, or forcible usurpation. Ancestral lands are lands under communal/tribal ownership, including lands in actual, open, notorious, uninterrupted possession/occupation by the indigenous community for at least 30 years.
Unless authorized by the Cordillera Assembly, lands of the ancestral domain titled to or owned by an indigenous cultural community shall not be disposed of to non-members.
The regional government may create sources of revenue and levy taxes, fees, and charges subject to constitutional limits; such revenues accrue exclusively to the region. It limits the region by stating that income taxation is solely the concern and prerogative of the National Government.