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.

Law Summary

Declaration of Principles and Policies

  • CAR is integral to the Philippines and governed under the Constitution and this Organic Act.
  • Guarantees autonomy for ancestral domain, cultural heritage, economic development, and self-governance.
  • Recognizes indigenous customs and institutions.
  • Protects human rights and welfare.
  • Natural resource use must conserve ecological balance benefiting Cordillerans.
  • Promotes social justice, peace, equality, and democratic participation.
  • Encourages sustainable development and educational quality responsive to regional needs.
  • Prohibits weapons of mass destruction development.
  • Requires civilian supremacy, transparency, consultations, and devolution of powers.

Regional Autonomous Government

  • CAR consists of the regional government plus local government units (LGUs).
  • Powers include administration, ancestral domain, local legislation, cultural preservation, and economic development, excluding national defense, foreign affairs, currency, and key federal functions.
  • The President supervises the regional government.
  • CAR is a corporate entity with full jurisdiction over devolved matters.

Regional Legislative Assembly

  • Cordillera Assembly exercises regional legislative power.
  • Assembly members elected based on provincial districts and party-list system.
  • Terms last three years, with three consecutive terms limit.
  • Establishes legislative sessions, quorum, and procedures.
  • Members receive salaries comparable to national government aides.
  • Prohibits conflicts of interest and concurrent public employment.
  • Provides mechanisms for bill passage, veto, and appropriations.

Regional Executive Department

  • Executive power vested in an elected Regional Governor and Vice-Governor.
  • Officers must meet citizenship, residency, and age qualifications.
  • Governed by oath of office and term limits.
  • Salary and privileges are safeguarded during terms.
  • Vacancy rules ensure continuity of governance.
  • Restrictions on holding other offices or engaging in conflicting interests.
  • The Governor appoints Cabinet members with the Assembly's concurrence.

Local Government

  • Constituent LGUs (provinces, cities, municipalities, barangays) retain autonomy under the Local Government Code.
  • Regional government supervises LGUs; the President exercises general supervision.

Patrimony, Economy and Development

  • Regional government leads development planning and implementation.
  • Emphasizes watershed protection, indigenous development concepts, cooperative ownership, urban reform, sustainable technology, and equitable resource distribution.
  • Controls natural resource exploitation, except uranium, coal, petroleum.
  • Supports reforestation and community infrastructure.
  • Establishes Regional Planning and Development Board as coordinating body.
  • Facilitates small-scale mining, regional development bank, and infrastructure including roads and telecommunications.

Fiscal Powers and Revenues

  • CAR can create revenues and impose fees, excluding taxation powers.
  • Revenues include fees, national government appropriations, shares from national wealth, public utilities income, block grants, and foreign aid.
  • Promotes economic agreements, investment incentives, and tax exemptions subject to assembly approval.
  • Manages foreign and domestic loans according to national laws.

Agriculture, Trade, Industry, Tourism, and Cooperatives

  • Promotes agriculture, water resource conservation, fisheries, and price regulation.
  • Encourages small and medium-scale industries and safe industrial practices.
  • Prevents capital flight and monopolies.
  • Supports eco-tourism consistent with cultural and ecological preservation.
  • Fosters cooperatives for social empowerment.

Education, Science, Culture, and Sports

  • Exercises legislative authority over regional educational policies and institutions.
  • Protects private educational institutions.
  • Establishes scholarships and guarantees participatory rights of educational stakeholders.
  • Promotes curricula reflective of the region's cultural heritage.
  • Supports scientific research, intellectual property rights, and development of a common regional language.
  • Implements physical fitness and sports programs.

Social Justice and Welfare

  • Commits to creating opportunities for marginalized groups.
  • Supports equitable election access and democratized ownership.
  • Protects labor rights, wages, profit sharing, and safe working conditions.
  • Prioritizes health as a human right with accessible healthcare systems.
  • Supports vulnerable groups, reintegration of rebel returnees, social insurance, and housing.
  • Promotes gender equality and working women’s welfare.
  • Encourages people’s organizations participation and representation.

Peace and Order

  • Assembly enacts laws for peace, public safety, and security force creation.
  • Regional police formed under national framework but under regional governor’s supervision.
  • Defense remains a national government function with preference for local inhabitants in military assignments.
  • Indigenous peace structures recognized.

General Provisions

  • Official texts published in Filipino and English; English prevails in conflict.
  • Five-year residency required for regional office qualifications.
  • Regional name may be changed by Congress upon assembly recommendation.
  • Regional emblem and hymn established.

Amendments and Revisions

  • Amendments require majority vote in Congress and ratification via plebiscite within specified days.

Transitory Provisions

  • First regional officials elected May 1998.
  • Pre-existing regional bodies dissolved; assets and personnel transferred.
  • Interim regional seat in Baguio.
  • Personnel protections ensured during reorganization.
  • Oversight committee supervises transfer of powers and assets.
  • Line agencies under regional control upon organization.
  • GSIS, SSS, and similar funds excluded from regional governance.
  • National government provides financial support with specified allocations to regional and local infrastructure.
  • Local government shares released quarterly without liens.
  • Assembly may create offices as funds allow.
  • CAR creation contingent on plebiscite approval with appropriations made for implementation.
  • Invalid provisions do not affect remaining parts.
  • Supersedes inconsistent laws.

Effectivity

  • Effective 15 days after publication in national and local newspapers within the region.

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