Constitutional authority and declared purpose
- The Executive Order is issued pursuant to Section 1, Article X of the 1987 Constitution, which provides for an autonomous region in the Cordilleras.
- It is grounded on Section 15, Article X of the 1987 Constitution, describing the autonomous region’s composition and criteria.
- It reflects the constitutional mandate for the President to provide for regional development councils or similar bodies under Section 14, Article X of the 1987 Constitution.
- It also relies on the President’s constitutional authority to continue exercising legislative powers until the first Congress convenes under Section 6, Article XVIII of the 1987 Constitution.
- It is intended to reorganize and strengthen administrative arrangements in the Cordilleras immediately, while not pre-empting Congress’s duty to enact the organic act for a permanent autonomous regional government (preamble).
Cordillera Administrative Region established
- A Cordillera Administrative Region (CAR) is created, referred to as the CAR (Section 1).
- For purposes of the CAR, the region consists of the provinces of Abra, Benguet, Ifugao, Kalinga-Apayao, and Mt. Province, and the chartered city of Baguio (Section 2).
- Until otherwise provided by the Cordillera Executive Board (CEB), the seat of the CAR is Baguio City (Section 2).
- The National Government must provide appropriate offices for the CAR seat (Section 2).
CAR purposes and authority
- The CAR must administer government affairs in the region as defined in Sections 4 and 5 (Section 3(a)).
- The CAR must accelerate economic and social growth and development of the region’s units (Section 3(b)).
- The CAR must prepare for the establishment of the autonomous region in the Cordilleras (Section 3(c)).
- The CAR has authority and responsibility in the region over a defined range of governance and development areas (Section 4), including:
- Regional administrative system (Section 4(a))
- Economic, social, and cultural development (Section 4(b))
- Agricultural, commercial, and industrial development and promotion or tourism (Section 4(c))
- Infrastructure development (Section 4(d))
- Urban and rural development, protection of ancestral domain and land reform (Section 4(e))
- Regional educational system, including establishment and maintenance of educational institutions and formulation of educational policies to cultivate indigenous Cordillera cultures and inculcate traditional values (Section 4(f))
- Health, sports, welfare, and social services (Section 4(g))
- Development of indigenous laws and political institutions, including direct democracy and collective leadership, plus promotion of indigenous institutions and processes for conflict resolution and dispute settlement (Section 4(h))
- Preservation and enhancement of indigenous customs, traditions, languages, and cultures (Section 4(i))
- Strengthening of the bodong system of tribal unity and cooperation (Section 4(j))
- Protection and preservation of cultural identity, values, mores, and norms of ethno-linguistic groups (Section 4(k))
- Promotion of social justice and protection of human rights, including rights of women, children, the elderly, disadvantaged groups, and rights of people’s organizations (Section 4(l))
- Other matters authorized by law or delegated by the President for the general welfare (Section 4(m))
Powers, regional security framework
- The CAR must coordinate planning and implementation of programs and services in the areas enumerated in Section 4 (Section 5).
- The CAR must coordinate with LGUs and National Government executive departments for supervision of field offices and for identifying, planning, monitoring, and accepting projects and activities in the region (Section 5(a)).
- The CAR must appoint, supervise, control, and discipline personnel of the CAR and other offices funded by it (Section 5(b)).
- The CAR must manage and control funds, facilities, and equipment appropriated for it (Section 5(c)).
- The CAR must advise the National Government on matters affecting the Cordilleras (Section 5(d)).
- The CAR must undertake studies toward codifying customary laws of the tribes, including the pagtas of the bodong system (Section 5(e)).
- The CAR must promulgate and implement resolutions, rules, and regulations necessary to achieve its purposes and carry out its powers and functions (Section 5(f)).
Peace and regional security
- Peace and regional security are a major concern of the CAR within the framework of the Constitution and applicable laws (Section 6).
- A regional security force must be organized to assist in defense and security of the region (Section 6).
- Guidelines for the regional security force must be issued by the President after consultations with the CAR, other organizations, and appropriate Government agencies (Section 6).
- Defense and security of the region remain the responsibility of the National Government (Section 6).
CAR structure and governing bodies
- The CAR is governed through a Cordillera Regional Assembly and a Cordillera Executive Board (Section 7).
Cordillera Regional Assembly composition and role
- The Cordillera Regional Assembly is the policy-formulating body that articulates and harmonizes the interests and aspirations of the peoples of the Cordilleras (Section 8).
- The Assembly’s membership is not more than two hundred fifty (250) representatives, appointed under specified guidelines (Section 8).
- Each municipality has one (1) representative (Section 8(a)).
- Baguio City has ten (10) representatives (Section 8(b)).
- Non-governmental organizations are entitled to a total of eighteen (18) representatives:
- twelve (12) from major NGOs in the region determined according to membership size, and
- six (6) from province-based NGOs (Section 8(c)).
- Each tribe sends one (1) representative to the Assembly (Section 8(d)).
- Tribal representatives must be chosen consonant with the Constitution and in harmony with indigenous decision-making processes (Section 8).
- The Assembly is headed by a Chairman, appointed by the President from among its members; the Chairman is the titular head of the CAR (Section 8).
- The President appoints members from non-governmental organizations and representatives of municipalities and Baguio City upon nominations by their respective municipal and city councils (Section 8).
Assembly sessions and powers during sessions
- The Assembly convenes once every year for a five-day regular session starting on the 24th day of April, and a regular session must be held in 1987 (Section 9).
- The Chairman may call a special session as necessary (Section 9).
- A special session may also be convened on the initiative of the majority of all Assembly members (Section 9).
- During the regular session, the Assembly must:
- Discuss the Executive Board’s annual report and the proposed budget (Section 9(a))
- Initiate plans and programs for the Cordilleras (Section 9(b))
- Discuss and resolve inter-tribal issues and conflicts (Section 9(c))
- Formulate policies affecting the Cordilleras consistent with national and local laws (Section 9(d))
- Identify priority projects and development program for the region (Section 9(e))
- Assembly decisions are implemented by the Cordillera Executive Board (Section 9).
Cordillera Executive Board composition and role
- The Cordillera Executive Board is the development body and implementing arm of the CAR (Section 10).
- The President appoints twenty-nine (29) regular members to the Executive Board (Section 10), as follows:
- Mayor of Baguio City and the five (5) Governors of the provinces enumerated in Section 2 (Section 10(a))
- six (6) representatives from the Cordillera as its chief executive (Section 10(b))
- twelve (12) representatives from different ethno-linguistic groups in the Cordilleras (Section 10(c))
- five (5) representatives from non-governmental organizations (Section 10(d))
- Regional directors of the line departments of the National Government are non-voting ex-officio members of the Executive Board (Section 10).
Executive Director and executive committees
- The Executive Board is headed by a full-time Executive Director, appointed by the President from among its regular members (Section 11).
- The Executive Director must:
- Act on behalf of the President as Chief Executive Officer of the CAR (Section 11(a))
- Preside over Executive Board meetings (Section 11(b))
- Initiate the proposed budget and annual report for approval by the Executive Board (Section 11(c))
- Supervise, control, and discipline personnel of the Executive Board and other offices funded by it (Section 11(d))
- Coordinate and supervise the Executive Committees and the Cordillera Bodong Administration (Section 11(e))
- Perform all other functions assigned by law, the President, the Assembly, or the Executive Board (Section 11(f))
- The Executive Board may create executive committees to assist implementation; each committee must be headed by a member of the Executive Board (Section 12).
Cordillera Bodong Administration (CBA) powers
- The Cordillera Bodong Administration is incorporated into the CAR as a commission, referred to as the CBA (Section 13).
- In territorial units where it is effective, the CBA must have the following powers and responsibilities (Section 13):
- Promote respect for customs and usages of the concerned tribes (Section 13(a))
- Foster unity among communities in the Cordilleras and promote regional confederation (Section 13(b))
- Observe the traditional practice of direct democracy and collective leadership within the context of, and in harmony with, national administrative mechanisms (Section 13(c))
- Preserve and develop communal social order and economic system (Section 13(d))
- Perform all functions of the Executive committees referred to in Section 12 (Section 13(e))
- Perform other functions determined by the Executive Board (Section 13(f))
- The territorial units of the CBA must be identified and defined, then submitted to and confirmed by the Executive Board and adopted by the Assembly (Section 13).
- The CBA must be supervised by, and is responsible to, the Cordillera Executive Board (Section 13).
- The CAR, through the Executive Board, must allocate part of its budget for CBA operations (Section 14).
Compensation, civil service, rules, and projects
- Allowances and per diems for the Chairman and members of the Assembly, and the Executive Director and Executive Board members must be determined by the President in accordance with existing laws and regulations (Section 15).
- The city mayor and governors serving as Board members receive additional emoluments as allowed by law (Section 15).
- The Chairman of the Assembly receives additional allowances necessary to perform the functions of office (Section 15).
- The Executive Director and heads of Executive Committees receive annual compensation determined by the Executive Board (Section 15).
- Exemptions from Civil Service rules and regulations for purposes of the CAR may be provided by the Civil Service Commission (Section 16).
- The Assembly and Executive Board must each adopt by majority vote:
- their own rules of procedure,
- rules and regulations on discipline and privileges,
- rules and regulations on internal organization, sessions, meetings, and quorum (Section 19).
- The CAR, through its Executive Board, must monitor implementation of all ongoing national and local government projects in the region within the purview of Section 5(a) (Section 20).
Appropriations, taxes, and funding rules
- An appropriation from available funds of the National Treasury is made in the amount of five (5) million pesos for fiscal year 1987 for the operation of the CAR (Section 21).
- After fiscal year 1987, an annual appropriation for the CAR must be included in the General Appropriations Act (Section 21).
- The President and appropriate national departments and agencies must make available sources of funds for priority physical, social, and economic development programs and projects recommended by the CAR (Section 21).
- Collection, custody, use, and disbursement of public funds in the CAR must be governed by resolutions, rules, and regulations of the Executive Board consistent with national laws, rules, and regulations (Section 21).
Taxes and equitable revenue sharing
- The CAR receives an equitable share of taxes and other government revenues generated within the CAR territorial coverage (Section 22).
- The equitable sharing is implemented through BIR allotment in the region, with the CAR and the local government units within the Cordillera Administrative Region territorial coverage having at least fifty percent (50%) share of such taxes and other government revenues (Section 22).
- The fifty percent (50%) share must be distributed as follows (Section 22):
- ten percent (10%) to barangays
- ten percent (10%) to municipalities
- fifteen percent (15%) to provinces or cities
- fifteen percent (15%) to the CAR
- The President must direct the Department of Finance and appropriate national departments and agencies to coordinate with the CAR to ensure proper implementation of equitable sharing (Section 22).
Grants, donations, gifts
- The CAR is authorized to receive grants, donations, or gifts within the framework of pertinent laws and regulations (Section 23).
- Such grants, donations, and gifts must be administered, obligated, and disbursed in accordance with their terms; where terms are absent, a majority of the Executive Board must determine the manner of administration, obligation, and disbursement (Section 23).
Relationship with the National Government
- The President has power of general supervision over the CAR and the local government units within the region and must issue appropriate guidelines (Section 24).
- The President may call on appropriate National Government executive departments and agencies to assist the CAR when necessary (Section 24).
- The Executive Director must submit a semi-annual report to the President (Section 24).
Existence, terms, transitory arrangements, and governing continuity
- The CAR, and its Assembly and Executive Board, exist until the autonomous regional government is established and organized under an organic act passed by Congress in accordance with Section 18, Article X of the Constitution (Section 17).
- The term of office of Assembly and Executive Board members and officers is coterminous with the period of existence of the CAR (Section 18).
- The city mayor, governors, and regional directors hold office in the Executive Board only during the term for which they were elected and/or appointed (Section 18).
Transitory provisions
- The Executive Board must conduct a study on the territorial coverage of the Cordillera autonomous region to be established by Congress under Sections 15 and 18, Article X of the Constitution, and that coverage may include provinces, cities, municipalities, and contiguous geographic areas to the territory defined under Section 2 (Section 25(1)).
- The President may call upon the Assembly to assist in constituting the Cordillera Regional Consultative Commission (Section 25(2)).
- The CAR must contribute meaningfully and appropriately to the work of the Cordillera Regional Consultative Commission and the preparation of the organic act by Congress, consistent with Section 3(c) (Section 25(2)).
- The main offices of the CAR must be located at the Cordillera House in Baguio City until otherwise determined by the Cordillera Executive Board (Section 25(3)).
Separability, repealing, and effectivity rules
- If any provision of the Executive Order is held unconstitutional, the remaining provisions remain valid under the separability rule (Section 26).
- For the duration of the CAR’s existence, all laws, acts, presidential decrees, executive orders, proclamations, and/or administrative regulations inconsistent with the Executive Order are repealed, amended, or modified accordingly (Section 27).
- The Executive Order’s effectivity is immediate upon signing and publication as required by law (Section 28).