Autonomy in Regions IX and XII Organization

Law Summary

Territorial Coverage of Autonomous Regions

Region IX includes Basilan, Sulu, Tawi-Tawi, Zamboanga del Norte (with Dipolog and Dapitan), and Zamboanga del Sur (with Pagadian and Zamboanga City).
Region XII comprises Lanao del Norte (including Iligan), Lanao del Sur (including Marawi), Maguindanao (including Cotabato City), North Cotabato, and Sultan Kudarat.

Internal Autonomy and Scope

Autonomous Regions enjoy internal autonomy within the framework of national sovereignty.
Legislative and executive machinery established to exercise powers per Constitution and laws.
Autonomy includes internal administrative matters but excludes national functions such as:
1. National defense and security
2. Foreign relations and trade
3. Monetary matters and banking
4. Natural resource disposition
5. Air and sea transport
6. Postal services and telecommunications
7. Customs, quarantine, immigration, citizenship
8. National planning and auditing

Security and Police Control

Security and police forces within Autonomous Regions are organized and supervised by the National Government under applicable laws.

Sangguniang Pampook Composition

Comprised of 21 members; 17 elected from provinces and cities per region, plus sectoral representatives from youth, agricultural workers, non-agricultural workers, and professionals.
President can appoint 5 additional members to ensure sectoral representation.

Powers of the Sangguniang Pampook

Holds legislative powers over regional affairs aligned with national plans.
Areas of jurisdiction include:
- Regional administrative system
- Economic, social, cultural development
- Agricultural, commercial, industrial programs
- Infrastructure
- Urban and rural planning
- Taxation and revenue-raising measures
- Regional educational institutions
- Health, welfare, and social services
- Preservation of indigenous culture
Must comply with national legislation and policies.
Maintains liaison with the Batasang Pambansa.

Staff Support and Proceedings

Supported by a secretariat assisting the presiding officer.
Adopts rules of proceeding by majority vote; Batasang Pambansa rules apply pending adoption.

Compensation and Terms

Members receive an annual salary of PHP 24,000.
Term is three years until successors are qualified.
Members may engage in businesses or professions except if conflicts arise or if concurrently part of the Lupong.

Establishment of Educational Institutions

Autonomous Region may establish and manage schools, colleges, universities under the national educational framework.
State colleges/universities cooperate for regional development; Lupon Chairman may appoint representatives to governing boards.

Lupong Tagapagpaganap ng Pook Composition

Composed of a Chairman and four members appointed by the President on Sangguniang Pampook's recommendation.
Elective officials appointed as Lupon Chairman or members must vacate elective office except Sangguniang Pampook membership.

Staff Support and Budget Organization

Lupong maintains staff support including Policy and Planning, Financial and Management, Administrative Services, Local Governments Branch, and Regional Offices Branch.
Lupon Chairman appoints personnel.

Terms, Salaries, and Removal

Term same as Sangguniang Pampook members (3 years).
Lupon Chairman salary is PHP 50,000; members PHP 45,000 annually.
Removal by President for cause upon three-fourths Sangguniang Pampook vote.

Powers and Functions of Lupong Tagapagpaganap ng Pook

Acts as the region's executive unit executing policies and laws.
Lupon Chairman approves or vetoes legislative acts within 30 days; veto subject to override by two-thirds vote.

Duties and Relationship of Lupon Chairman and Lupong

Chairman manages day-to-day administration.
Lupong formulates policy and approves budget.
Members may be assigned specific responsibilities.

Reporting and Coordination

Lupon reports to the President and Sangguniang Pampook on administration and development.
Presents annual program and legislative recommendations.

Sources of Income for Autonomous Regions

Taxes, fees, charges
National Government appropriations and grants
Income from region-owned projects and utilities
Contributions from local governments
Percentage of income from mines/mineral resources
Transfers of proceeds from national/local taxes
Donations, endowments

Taxing Powers

Sangguniang Pampook may impose regional taxes following Minister of Finance guidelines.

Annual Appropriations

At least 1/13 of 1% of total national internal revenue tax collections allocated annually for each Autonomous Region’s operating expenses.
Separate from the 20% local government tax allotment under PD No. 144.

Budgeting and Accounting Procedures

Projects funded by region-derived income subject to Ministry of the Budget guidelines.
Lupong prepares budget detailing income and appropriations; submitted to Sangguniang Pampook for enactment and Ministry processing.
Budget includes estimates of income and current operating and capital expenditures.
Lupong issues rules for the budgetary system in coordination with Ministry of the Budget.

Fund Release and Audit

Budgetary aid releases for regional projects managed by Lupong, subject to Ministry guidelines.
National government projects funds released directly to regional offices with copies to Lupong.
Regional budget hearings coordinated with Lupong.
Public funds governed by laws applicable to local and national transactions.
Commission on Audit audits accounts of Autonomous Regions.
Releases to local government projects require Lupong's recommendation and routing.

Relationship with National Government

National laws trump regional laws.
President supervises and controls Autonomous Regions.
Ministry of Local Government assists President, particularly on administration and local government relations.
Lupong reports regularly to President and recommends actions to speed regional development.

Oversight of Regional Directors and Government-Owned Corporations

Lupong supervises implementation of development projects funded by the region.
Oversees regional directors of key ministries to ensure project conformity with approved plans.
May coordinate, investigate obstacles, recommend corrective measures, and seek Presidential intervention.
Regional directors’ appointments done in consultation with Lupong; Lupong may recommend transfers out.
Government-owned/controlled corporations maintain coordinative relations with Lupong.
Regional boundaries of national agencies adjusted to conform to Autonomous Regions.

Relationship with Regional Development Councils

Lupon Chairman serves as ex-officio Chairman of Regional Development Council.
Sangguniang Pampook sets goals and objectives.
Regional Development Council formulates development plans with technical assistance from NEDA.
Plan submitted through Lupong for adoption, then to President for national integration.
Interim regional plans may be adopted pending national plans.
Lupong reviews programs for consistency, sets priorities, administers regional development funds.

Relationships with Service-Wide Agencies

Ministries of Budget, Finance, Civil Service, Audit, etc., adjust regulations to support regional autonomy and development.

Relationship with Local Governments

Lupong assumes certain regulatory and supervisory powers delegated from Ministry of Local Government:
- Performance audits of local officials
- Investigating complaints against local officials
- Approving certain travel and allowances
- Authorizing exemptions and recommendations on contracts, bids and benefits
Authority to disburse funds allocated to Autonomous Regions for local assistance and projects.
Powers delegated under Letter of Instructions No. 231 and 290 implemented through Lupong.

Abolition and Transfer of Offices and Personnel

Southern Philippines Provisional Government abolished; powers and assets divided between Sangguniang Pampook Regions IX and XII.
Office of Regional Commissioner abolished; powers and assets transferred to Lupong.
Positions of Presidential Regional Officer for Development and Presidential Regional Action Officer abolished; functions transferred to Lupong.
Personnel affected entitled to benefits under existing laws.

Foreign-Assisted Projects

Lupong's authority does not extend to foreign-assisted national government projects except those initiated by Autonomous Regions.

Establishment of Tanodbayan Regional Offices

Tanodbayan may create regional offices upon formal organization of Autonomous Regions.

Separability Clause

Decree provisions are separable; invalidity of any provision does not affect others.

Repealing Clause

Laws and regulations inconsistent with this Decree are repealed or amended.

Effectivity

Decree takes effect immediately upon signing.