The autonomous government shall, however, have the power to grant franchises, licenses and permits to land, sea and air transportation plying routes in the provinces or cities within the region, and communications facilities whose frequencies are confined to and whose main offices are located within the autonomous region; m Patents, trademarks, trade names, and copyrights; and n Foreign trade.
The power of supervision of the President over the provincial governors and the mayors of the highly urbanized cities shall be exercised through the Regional Governor; over the mayors of the component cities and municipalities, through the provincial governor, and over the punong barangay, through the city or municipal mayor.
In addition to other acts which he or she may impose under the Constitution and this Organic Act, the President may suspend, reduce, or cancel the financial blocks or grants-in-aid, funds for infrastructure, and other forms of assistance intended for the autonomous region 1 if the regional government fails to account for the funds and financial assistance released to it by the central government or national government, within one month from the end of every quarter in which the funds and financial assistance had been released or 2 when measures for the protection and enhancement of the civil, human, political or religious rights of the lumads, Christians and other minorities in the autonomous region ordained by the Constitution and this Organic Act, are not respected or are violated or are not implemented within one 1 year from its enactment.
The President may suspend the Regional Governor for a period not exceeding six 6 months for willful violation of the Constitution, this Organic Act or any existing law that applies to the autonomous region. Appointment of inhabitants of the autonomous region to positions in the central government or national government shall be subject to central government or national government standards and guidelines.
Such appointment shall be made only upon recommendation by the Regional Governor after consultation with the Regional Assembly and the concerned sectors of the autonomous region. Right of representation shall not be construed in such a way that applicants from the autonomous region, especially Muslims and cultural communities, for lower positions in the above organs of the government cannot be appointed anymore thereto.
Election of legislators to represent the autonomous region in the Congress of the Republic shall be done pursuant to the rules of the Commission on Elections. Representatives in Executive Departments and Constitutional Bodies.
Representatives in Government-Owned or -Controlled Corporations. Election of Regional Assembly. The Regional Assembly may enact legislation to provide for the representation of other sectors. The youth representative shall not be less than eighteen 18 years of age nor more than twenty-one 21 years of age at the time of his or her assumption to office.
The sectoral representatives shall be entitled to the same salary and allowances and rights and privileges enjoyed by the regularly elected members of the Regional Assembly. They shall be elected on the same date as that fixed for the election of the members of the Regional Assembly. No member of the Regional Assembly shall serve 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.
The member elected shall serve only for the unexpired term. Qualifications of Members of Regional Assembly. The annual compensation of the Speaker and Members of the Regional Assembly may be increased by the Regional Assembly in accordance with existing laws on position classification and compensation of the central government or national government.
The increase shall, however, not take effect until after the expiration of the terms of office of the members of the assembly who had approved the increase. The increase shall be funded solely from revenue raised by the Regional Government. No funds or parts thereof provided by the central government or national government for the Regional Government shall be used for salaries, honoraria, per diems or to increase the salaries, honoraria or per diems of the officials or employees of the Regional Government.
They shall not receive during their tenure other emoluments from the Regional Government or from the central government or national government. Disclosure of Financial or Business Interests.
They shall notify the assembly of any potential conflict of interest that may arise from the filing of measures of which they are authors upon the filing thereof. Prohibited Acts for Members of the Regional Assembly.
Neither shall the member, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the central government or national government or by the regional government, or any subdivision, agency or instrumentality thereof, including any government-owned or -controlled corporation or its subsidiary, during his or her term of office.
The member shall not intervene in any manner before any office of the government for his or her pecuniary benefit or where he or she may be called upon to act on account of his or her office.
No member of the Regional Assembly shall be questioned or be held liable in any other place for any speech or debate in the assembly or in any of its committees.
The Regional Assembly shall elect from among its members a speaker and such other officers as the rules may provide. The Speaker shall appoint the personnel of the Regional Assembly. All qualified applicants shall have equal opportunity for employment with the regional government. Inhabitants of the autonomous region shall, however, have preference for appointment to any position in the regional government without regard to ethnic origin, culture, sex, creed and religion.
For a period not exceeding six 6 years from the date of the approval of this Organic Act, appointments to the various positions in the Regional Government shall be subject to the Civil Service law, rules, and regulations of the central government or national government.
Thereafter, the Civil Service law, rules and regulations adopted by the Regional Government shall apply to all such appointments. If no Civil Service law, rules or regulations are adopted by the Regional Government, appointments to positions in the Regional Government shall continue to be governed by the Civil Service law, rules, and regulations of the central government or national government.
A majority of all the members of the Regional 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 a manner and under such penalties as the assembly may provide.
The Regional Assembly or any of its committees may conduct inquiries or public consultations in aid of legislation in accordance with its rules. In connection therewith, it shall have the power to issue subpoena or subpoena duces tecum to compel the attendance of and the production of papers, documents, or things by witnesses or persons under investigation by the assembly, itself, or by any of its committees. It shall also have the right to cite witnesses or persons under investigation for contempt for refusal to testify before it or before any of its committees or to produce papers, documents or things required by the assembly or any of its committees.
The rights of persons appearing in or affected by such inquiries shall be respected. The Regional Assembly shall keep a journal of its proceedings and a record of its caucuses and meetings. The record and books of accounts of the assembly shall be preserved and open to public scrutiny. The Commission on Audit of the Regional Government shall publish an annual report of the itemized list of expenditures incurred by the members of the Regional Assembly within sixty 60 days from the end of every regular session.
Questioning Cabinet Members and Other Officials. The Regional Assembly may require any regional commission, office, or agency of the central government or national government with offices in the autonomous region to explain matters relating to the exercise of its powers and functions. Regular and Special Sessions. Regular sessions shall commence on the 4th Monday of October and shall continue to be in session for such number of days as may be determined by the assembly until thirty 30 days before the opening of its next regular session exclusive of Saturdays, Sundays, and legal holidays.
The special session shall have a specific agenda. Approval of Bills and Overriding of Veto. If the Regional Governor approves the bill, he or she shall sign it; otherwise, he or she shall veto it on the ground that it is ultra-vires or it is against public policy and return it with his or her objections to the Regional Assembly.
The Regional Assembly shall, thereafter, enter the objections at large in its journal and may proceed to reconsider it. In such cases, the vote shall be determined by yeas and nays, and the names of the members voting for or against shall be entered in the journal.
The Regional Governor shall communicate his veto of any bill to the Regional Assembly within thirty 30 days after the date of its receipt; otherwise, it shall become a law as if he had signed it. Submittal of Bills to the President and Congress.
Provinces, cities, municipalities, or barangay created, divided, merged, or whose boundaries are altered without observing the standards prescribed by Republic Act No. The financial requirements of the provinces, cities, municipalities, or barangay so created, divided, or merged shall be provided by the Regional Assembly out of the general funds of the Regional Government.
The holding of a plebiscite to determine the will of the majority of the voters of the areas affected by the creation, division, merger, or whose boundaries are being altered as required by Republic Act No. The Regional Assembly may also change the names of local government units, public places and institutions, and declare regional holidays. Annual Budget and Infrastructure Funds.
Funds for infrastructure in the autonomous region allocated by the central government or national government shall be appropriated through a Regional Assembly Public Works Act. Unless approved by the Regional Assembly, no public works funds allocated by the central government or national government for the Regional Government or allocated by the Regional Government from its own revenues may be disbursed, distributed, realigned, or used in any manner.
He shall be elected by the qualified voters of the autonomous region. Regional Governor and Cabinet Members. He shall be assisted by a cabinet not exceeding ten 10 members, at least six 6 of whom shall come from indigenous cultural communities. The representatives of the indigenous cultural communities in the cabinet shall come from various provinces and cities within the autonomous region.
The members of the cabinet must be registered voters and residents of the region for at least five 5 years immediately preceding their appointments. The Regional Governor shall appoint the members of the cabinet subject to confirmation by the Regional Assembly.
A vote for a candidate for Regional Governor shall be counted as a vote for his team mate for Regional Vice Governor. A vote for a Regional Vice Governor shall be counted as a vote for his teammate for Regional Governor.
For purposes of their election, the candidates for Regional Governor and Regional Vice Governor shall belong to the same political party or coalition of parties.
The Commission on Elections shall promulgate the necessary rule or rules to give effect to this provision of law. He may be removed from office in the same manner as the Regional Governor. Executive Council; Deputy Regional Governors. The Regional Governor, the Regional Vice Governor, and the three 3 deputies shall comprise the executive council of the autonomous government.
The executive council shall advise the Regional Governor on matters of governance of the autonomous region. The three deputies shall be ex officio members of the regional cabinet with or without portfolio. The Regional Governor may assign powers and functions to the executive council to promote the general welfare of the people of the autonomous region subject to the laws enacted by the Regional Assembly.
Unless sooner removed by the Regional Governor, the term of office of a deputy Regional Governor shall be co-terminus with the term of office of the Regional Governor who appointed him or her. Terms of Office of Elective Regional Officials.
The terms of office of the Regional Governor, Regional Vice Governor and members of the Regional Assembly shall be for a period of three 3 years, which shall begin at noon on the 30th day of September next following the day of the election and shall end at noon of the same date three 3 years thereafter.
The incumbent elective officials of the autonomous region shall continue in effect until their successors are elected and qualified. Voluntary renunciation of or removal from office for any length of time shall not be considered an interruption in the continuity of the service for the full term for which he or she was elected. The term limits in Republic Act No. So help me God. Compensation of Regional Governor and Vice Governor.
The compensations may be increased or decreased by the Regional Assembly subject to the existing laws on position classification and compensation.
The increase or decrease of their salaries shall, however, not take effect until after their term of office during which the increase or decrease was enacted by the Regional Assembly shall have ended. They shall not receive during their tenure any other emoluments from the central government or national government or Regional Government or from any central or regional government-owned or -controlled corporations or firms.
No funds or parts thereof provided by the central government or national government for the Regional Government shall be used for salaries, honoraria, per diems, or to increase the salaries, honoraria, or per diems of the Regional Governor, Regional Vice Governor, members of the Regional Assembly, or employees of the Regional Government. Regional Governor Housing and Travel Allowances.
When the Regional Governor travels outside the autonomous region, he shall be provided with reasonable travel and accommodation allowances at rates not less than what is granted to the members of the cabinet of the central government or national government. In case of death, permanent disability, removal from office, or the resignation of both the Regional Governor and the Regional Vice Governor, the Speaker of the Regional Assembly shall act as Regional Governor until the Regional Governor and Regional Vice Governor are elected and qualified in a special election called for the purpose.
Upon his assumption as acting Regional Governor, the Speaker of the Regional Assembly shall temporarily vacate his position as such and an interim speaker shall be elected. Upon the election and assumption of office of a new Regional Governor, the Speaker shall reassume his office. No special election shall be called to fill a vacancy occurring within one 1 year immediately preceding the next regular election. The Regional Assembly may initiate moves for the removal of the Regional Governor or the Regional Vice Governor under this Section by a majority vote of all its members.
The Regional Assembly shall promulgate the necessary rules to carry out the purposes of this Section.