Republic Act No. 6766/Article V

by Congress of the Philippines

Layout 2

Article V

THE LEGISLATIVE DEPARTMENT

Section 1. The regional legislative power shall be vested in the Cordillera Assembly, except to the extent reserved by the Constitution and this Organic Act on initiative and referendum.

Sec. 2. Provisions of existing laws to the contrary notwithstanding, the Cordillera Assembly may create, divide, merge, abolish or substantially alter boundaries of any province, city, municipality or barangay or ili subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. It may also change the names of such local government units, public places and institutions.

Sec. 3. The Cordillera Assembly shall approve the budget of the Autonomous Region.

Sec. 4. Unless otherwise provided by national law, the Cordillera Assembly shall be composed of not more than thirty-two (32) Members who shall be elected from regional assembly districts apportioned by regional law among the provinces and cities in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, taking into account geography and ethnolinguistic characteristics: Provided, That each province or city shall have at least one (1) Member. Each district shall comprise a compact and contiguous territory. The Members shall be elected by the qualified voters of their respective regional assembly districts.

Within two (2) years after the return of every census, a reapportionment of the regional assembly districts shall be made by the Cordillera Assembly in accordance with the criteria hereinabove established.

Sec. 5. (A) The Members of the Cordillera Assembly shall have a term of three (3) years which shall begin, unless otherwise provided by national law, at noon on the thirty-first day of March next following their election and shall end at noon of the same date three (3) years thereafter.

(B) No Member of the Cordillera Assembly shall serve for more than three (3) consecutive terms. Voluntary renunciation of, or removal from, office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Sec. 6. (A) Unless otherwise provided by national law, the regular election of the Members of the Cordillera Assembly shall be held on the second Monday of February.

(B) In case of vacancy in the Cordillera Assembly occurring at least one (1) year before the expiration of the term of office, a special election shall be called to fill the vacancy in the manner prescribed by regional law: Provided, That the Member elected shall serve only for the unexpired term.

Sec. 7. No person shall be a Member of the Cordillera Assembly unless she is a natural-born citizen of the Philippines, at least twenty-one (21) years of age on the day of the election, able to read and write, a registered voter in the political subdivision in which he shall be elected, and an actual resident thereof for a period of not less than one (1) year and of the Cordilleras for at least five (5) years immediately preceding the day of the election.

Sec. 8. The Cordillera Assembly shall elect its Speaker, who shall be its presiding officer, by a majority vote of all its Members. It shall choose such other officers as the rules of the Assembly may require.

Sec. 9. The Cordillera Assembly shall convene once every year on the fourth Monday of April for its regular session, unless a different date is fixed by national law, and shall continue to be in session for such number of days as it may determine until thirty (30) days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays. However, it may be called to a special session at any time by the Cordillera Governor.

Sec. 10. (A) A majority of all the Members of the Cordillera Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties as the Cordillera Assembly may provide.

(B) The Cordillera Assembly may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds (2/3) of all its Members, suspend or expel a Member: Provided, That the period of suspension shall not exceed sixty (60) days.

(C) The Cordillera Assembly shall keep a Journal of its proceedings, and from time to time publish the same, and the yeas and nays on any question shall, at the request of one-fifth (1/5) of the Members present, be entered in the Journal.

Sec. 11. (A) Unless otherwise provided by Congress, each Member of the Cordillera Assembly shall receive an annual salary of One hundred twenty thousand pesos (₱120,000.00), except the Speaker who shall receive a salary of One hundred forty-four thousand pesos (₱144,000.00) per annum. They shall not receive during their tenure any other emolument from the Government.

(B) The records and books of accounts of the Cordillera Assembly shall be open to the public in accordance with law. Such books shall be audited by the Commission on Audit which shall publish annually the itemized expenditures of each Member.

Sec. 12. No Member shall be questioned or be held liable in any other place for any speech or debate in the Cordillera Assembly or in any committee thereof.

Sec. 13. No Member of the Cordillera Assembly shall hold any other office or employment in the Government or any of its subdivision, agency or instrumentality, including government-owned or controlled corporations or their subsidiaries, during his tenure.

Sec. 14. No Member of the Cordillera Assembly shall personally appear as counsel before courts of justice or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any other franchise or special privilege granted by the Government or any subdivision, agency or instrumentality, including any government-owned or controlled corporation or its subsidiary, during his tenure. He shall not intervene in any matter before any office of the Cordillera Autonomous Region for his pecuniary benefit or where he may be called upon to act on account of his office.

Sec. 15. All Members of the Cordillera Assembly shall, upon their assumption of office, make a full disclosure of their financial and business interests, including those of their spouses and unmarried children under eighteen (18) years of age living in their households. They shall notify the Assembly of any potential conflict of interest that may arise from the filing of measures of which they are authors.

Any Member found guilty of non-disclosure as required under this section may be expelled by a two-thirds (2/3) vote of all the Members of the Cordillera Assembly, without prejudice to his other liabilities under pertinent legislation.

Sec. 16. (A) There shall be created a Regional Commission on Appointments to be composed of the Speaker as Chairman, and six (6) Members coming from different provinces and cities in the Autonomous Region, who shall be elected from among the Members of the Cordillera Assembly.

(B) The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty (30) session days of the Cordillera Assembly from their submission. The Commission shall decide by a majority vote of all the Members thereof.

(C) All original and promotional appointments to positions created by the Cordillera Assembly with the rank of Cabinet members and their assistants, regional directors, heads of agencies, or commissions shall be subject to review and confirmation by the Regional Commission on Appointments.

(D) The Regional Commission on Appointments shall be constituted within thirty (30) days after the election of the Speaker of the Cordillera Assembly. The Regional Commission on Appointments shall meet only while the Cordillera Assembly is in session, at the call of its Chairman or a majority of all its Members, to discharge its powers and functions.

Sec. 17. (A) There shall be a people's hour at least once a month or as often as the rules of the Cordillera Assembly may provide, which shall be included in the Order of Business, during which any member of the Cabinet may, upon his own initiative, with the consent of the Cordillera Governor, or upon the request of the Cordillera Assembly, appear and answer questions and interpellations by Members of the Assembly on any matter pertaining to his department.

(B) The Cordillera Assembly or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

Sec. 18. (A) The Cordillera Governor shall submit to the Cordillera Assembly not later than two (2) months before the beginning of every regular session, to serve as the basis of the regional appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

The fiscal year of the Cordillera Autonomous Region shall cover the period April 1 to March 31 of the succeeding year.

(B) The Cordillera Assembly may not increase the appropriations recommended by the Cordillera Governor for the operation of the Regional Government as specified in the budget. The form, content and manner of preparation of the budget shall be prescribed by regional law: Provided, however, That pending the enactment of such a regional law, the budgeting process of the Regional Government shall be governed by existing national laws and rules and regulations prescribed by the Department of Budget and Management.

(C) No provision or enactment shall be embraced in the regional appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

(D) The procedure in approving appropriations for the Cordillera Assembly shall strictly follow the procedure for approving appropriations for other departments and agencies of the Regional Government.

(E) A special regional appropriation bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the Regional Treasurer, or to be raised by a corresponding revenue proposal therein.

(F) No law shall be passed authorizing any transfer of appropriations; however, the Cordillera Governor and the Speaker of the Cordillera Assembly may, by regional law, be authorized to augment any item in the regional appropriations law for their respective offices from savings in other items of their respective appropriations.

(G) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by regional law.

(H) If, by the end of any fiscal year, the Cordillera Assembly shall have failed to pass the regional appropriations bill for the ensuing fiscal year, the Regional Appropriations Law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the regional appropriations bill is passed by the Cordillera Assembly.

(I) The Cordillera Governor shall have the power to veto any particular item or items in an appropriation or revenue bill, but the veto shall not affect the item or items to which he does not object.

Sec. 19. (A) The rule of taxation shall be uniform and equitable. The Cordillera Assembly shall evolve a progressive system of taxation.

(B) Charitable institutions, churches, parsonages or convents appurtenant thereto, mosques and temples, non-profit cemeteries, and all lands, buildings and improvements actually, directly and exclusively used for religious or charitable purposes shall be exempt from taxation.

Sec. 20. (A) No money shall be paid out of the Regional Treasury except in pursuance of an appropriation made by regional law.

(B) No public money or property shall be appropriated, applied, paid or used directly or indirectly for the use, benefit or support of any sect, church, denomination, sectarian institution, or system of religion or for the use, benefit or support of any priest, preacher, minister, imam or other religious teacher or dignitary as such, except when such priest, preacher, minister, imam or dignitary is assigned to the regional police or government orphanage and rehabilitation centers or similar institutions.

(C) All money collected on any regional tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general fund of the Regional Government.

Sec. 21. (A) Every bill shall embrace only one (1) subject which shall be expressed in the title thereof.

(B) No bill shall become a law unless it has passed three (3) readings on separate days, and printed copies thereof in its final form have been distributed to the Members three (3) days before its passage, except when the Cordillera Governor certifies to the necessity of its immediate enactment to meet a public calamity or emergency affecting the region or any of its component provinces, cities, municipalities or barangay or ili. Upon the last reading of a bill, no amendment thereto shall be allowed and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

Sec. 22. Every bill passed by the Cordillera Assembly shall, before it becomes a law, be presented to the Cordillera Governor. If he approves the same, he shall sign it; otherwise, if the bill contains ultra vires provisions, or if he finds it objectionable on policy grounds, or both, he shall veto it and return it with his objections to the Cordillera Assembly, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of all the Members of the Assembly shall agree to pass the bill, it shall become a law. In all such cases, the vote shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in the Journal. The Cordillera Governor shall communicate his veto of any bill to the Assembly within thirty (30) days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.

Sec. 23. The Speaker of the Cordillera Assembly shall, within ten (10) working days from approval thereof, submit to the President and to both Houses of Congress a certified true copy of all laws and resolutions passed by the Cordillera Assembly.