CORDILLERA

AUTONOMOUS

REGION

by: Mayor Mauricio G. Domogan Chairman, Regional Development Council - CAR

Prior to Colonization: Autonomy Experience

Other Political Indigenous System

ILI or village

(largest indigenous political unit)

COUNCIL OF ELDERS

(decision makers)

The Colonial Period: The resistance and struggle for Self-determination

Common factors that fueled the Cordillera struggle for self-determination during the Spanish colonial times:

• Historical alienation and oppressive laws (Regalian Doctrine)

• Neglect of Government to give more representation of the Cordilleras in its affairs, as well as provide the necessary funds for the social, infrastructure, and economic development prompting Cordillera leaders to assert their rights to self-governance.

For a very long period of years, the Cordillera was composed of only the Province known as

The Old Mountain Province

With four (4) sub-provinces as follows:

BENGUET

IFUGAO

BONTOC

KALINGA-APAYAO This situation contributed to our very limited

representation and allocation of funds from the

National Government.

Fortunately in 1966, RA 4695 known as the Division Law was passed making the four (4)

sub-provinces of The Old Mountain Province as regular and independent provinces:

BENGUET

IFUGAO

MOUNTAIN PROVINCE

KALINGA-APAYAO

ABRA was then lodged with Ilocos Sur.

BAGUIO CITY was then part of the Congressional District of the Province of Benguet.

R.A. 9645 has helped and improved us a

lot for it increased our representation

and budgetary allocation from the

National Government but it is still far

from what we are clamoring for.

Again, after the declaration of Martial Law

in 1972, Presidential Decree No. 1

known as the Regionalization Law

dividing the Philippines into 13 regions.

Unfortunately, CAR was not included.

Baguio City, Benguet and Mountain Province were then part of Region I.

Kalinga-Apayao and Ifugao were included in Region II.

Abra was originally with Region I. We were much prejudiced from the other 13 regions for we had no line agencies that represent us in the National Government with budgetary allocations.

• CAR people has to go to either Regions I (San

Fernando or Dagupan City) or Region II,

(Tuguegarao) even for small documentary

needs from National Line Agencies.

• Budgetary allocation always puts the

Cordillera provinces in a disadvantage with its

very small population and land area compared

to other areas in the country.

Because of this situation, the clamor for Autonomy and for more representation and budgetary allocations continued.

The CPLA even went underground to

clamor for it. This helped us in including a provision in 1987

Constitution which was overwhelmingly ratified, giving us the opportunity to become autonomous

region.

Section 15, Article X of the 1987 Constitution reads:

“There shall be created autonomous regions in

Muslim Mindanao and in the Cordilleras consisting

of provinces, cities, municipalities, and geographical areas sharing common and

distinctive historical and cultural heritage, economic and social structures, and other

relevant characteristics within the framework of this Constitution and the

national sovereignty as well as territorial integrity of the Republic of the Philippines.”

The need for regional autonomy is indeed more pressing in the case of the Filipino Muslims and the

CORDILLERA people who have been fighting for it.

Their political struggle highlights their unique cultures and the

unresponsiveness of the unitary system to their aspirations.

July 15, 1987

Fortunately, when President Corazon Cojuangco- Aquino was exercising both the

legislative and executive power under a Revolutionary Government, she issued

EXECUTIVE ORDER 220 creating Cordillera Administrative Region (CAR).

CORDILLERA ADMINISTRATIVE REGION composed of BAGUIO CITY, BENGUET,

MOUNTAIN PROVINCE, IFUGAO, KALINGA-APAYAO and ABRA.

The Three Purposes of Executive Order 220

1. Administer the affairs of government in the region;

2. Accelerate the economic and social growth and development of the units of the region; and

3. Prepare for the establishment of the autonomous region in the Cordilleras.

NATURE OF CAR UNDER EO 220

Lilia Yaranon, et. al. vs. Commission on Audit, et. al. GR No. 79956, January 29, 1990

“We can readily see that the CAR is in the same genre as the administrative regions created under the Reorganization Plan, albeit under EO 220 the

operation of the CAR requires the participation not only of the line departments and agencies of the

National Government but also the local governments, ethno-linguistic groups and non-

governmental organizations in bringing about the desired objectives and the appropriation of funds

solely for that purpose.” xxx

The Regional Consultative Committee was constituted and a draft was done but unfortunately, when it was submitted to Congress it was substantially changed as

REPUBLIC ACT 6766 (First Organic Act)

WHEN PRESENTED FOR A PLEBISCITE ON JANUARY 30, 1990, ONLY THE PROVINCE OF IFUGAO

VOTED YES. __________________________________________________

After that, the Comelec issued a Resolution

Numbered 2259, the Secretary of Justice issued a

memorandum on Feb. 14, 1990, the Executive

Secretary issued Administrative Order No. 160

declaring Ifugao as an autonomous region. It is for

this reason that Alexander Ordillo, et.al filed a

petition in the Supreme Court which issued a

decision as follows:

“WHEREFORE, the petition is hereby GRANTED. Resolution No. 2259 of the Commission on Elections,

insofar as it upholds the creation of an autonomous region, the February 14, 1990 memorandum of the Secretary of

Justice, the February 5, 1990 memorandum of the Executive Secretary, Administrative Order No. 160, and Republic Act No. 6861 are declared null and void while Executive Order

No. 220 is declared to be still in force and effect until properly repealed or amended.”

Alexander P. Ordillo, et. al. vs. COMELEC, et. al. GR No. 93054, December 4, 1990

From the said decision, it is clear that only one (1) LGU can not comprise an Autonomous

Region.

After R.A. 6766 was not ratified, the 2nd Organic Act, Republic Act 8438 was passed by Congress. Unfortunately, the timetable was not realized for it was not passed in October 1997 so that IEC will be done in October 1997 to January 1998 but it was signed into law only on December 31, 1997.

No time to conduct the IEC before the Local and National Election of 1998 for when the IEC started, the election campaign likewise started and IEC was distracted by the campaigned so when presented for a plebiscite on March 07, 1998, only the Province of Apayao voted YES.

Again, the ruling in the Ordillo, et.al case was reiterated in the case of Atty. Nestor Atitiw, et.al. vs. Ronaldo Zamora et. al, G.R. No. 143374, September

30, 2005 when it said:

“It is hoped that Congress will pass another Organic Act which is

finally acceptable to the people of the Cordilleras.”

This clearly means that we can still pass

another Organic Act.

What is REGIONAL AUTONOMY in the first place that we are clamoring for?

It is the establishment of a regional government that has a legal personality with no diminution of our present powers and benefits that will assume certain powers, functions and duties of the national government to enable the region to formulate its own policies for development using its own resources with additional allocations and share from national taxes from the National Government which is not possible in a regular region.

Our Vision for Autonomy

WE, the people of the Cordilleras, proud of our culture

and heritage rooted in spirituality, shall have a truly

autonomous region of united, enlightened and

empowered citizenry who shall pursue sustainable

development where responsibilities and benefits are

equitably shared by all.

Our Mission as

The REGIONAL AUTONOMOUS GOVERNMENT is a legal primary institution to unify and coordinate all efforts toward the development of the region as:

bastion of rich indigenous culture and knowledge; champion of good governance physically integrated and accessible; watershed cradle; family-oriented eco-tourist destination; major energy producer; prime educational center; food basket; and agri and light-industry producer

for an improved quality of life for the people of the Cordilleras.

Learning from our failures in the two (2) plebiscites in the past and with our vision and mission, we want to achieve our Autonomy by seeing to it that it is an improvement of our present situation. No diminution of our powers and benefits.

Our present situation with powers and benefits are as follows:

We are LGUs which are autonomous and independent from each other with Congressional districts represented by elected representatives, same set of our LGU officials

exercising powers under existing laws and receiving from the National Government Internal Revenue Allotments.

Simply said, we will continue to exercise those powers and continue to receive those benefits even if we will become autonomous in status.

In order to insure that there will be no diminution of powers and benefits and it will be an improvement of our present situation there are:

5 BASIC PRINCIPLES that must be followed in Crafting the CAR

ORGANIC ACT or 5 SALIENT FEATURES OF CORDILLERA AUTONOMY

1. PERMANENT REGIONAL IDENTITY

2. NON-DIMINUTION OF EXISTING BENEFITS AND

POWERS

3. NATIONALLY PAID OFFICIALS AND

EMPLOYEES WILL CONTINUE TO BE

NATIONALLY PAID

4. OTHER SOURCES OF REVENUE AND SUBSIDY

FROM THE NATIONAL GOVERNMENT

5. SUSTAINABILITY OF THE REGION AFTER THE

PERIOD OF SUBSIDY

With the foregoing principles or salient features, H.B. No. 5343 is drafted, signed by all the seven (7) lawmakers of CAR and filed

in Congress.

Let us now show that H.B. No. 5343 complies with the said principles or salient features.

First Principle

Area Of Autonomous Region Of Cordillera

• Article II: Section 3

The area of the Autonomous Region of the

Cordillera shall consist of the city and

provinces that shall vote favorably in the

plebiscite called for the ratification of this

Organic Act pursuant to Sec. 18, Article X

of the Constitution among the provinces of

Abra, Apayao, Benguet, Ifugao, Kalinga,

Mountain Province, and the chartered City

of Baguio.

Our battle cry is “One for All, All for One.”

Cordilleran Identity

• Article II: Section 4

The term Cordilleran shall apply to all

citizens of the Philippines who were and

are domiciled within the territory of the

Autonomous Region of the Cordillera

PERMANENT REGIONAL IDENTITY

• Our autonomy will give us permanent legal identity with authority to preserve our culture and tradition worth preserving, that will allow us to get subsidy and shares from some of the taxes collected by the National Government and which devolved to some powers now exercised by the national government which is not possible in a regular region.

The powers right now exercised by the National Government to be devolved to the Autonomous Region are as follows:

1. Article IV: Section 25

(1) Administrative organization such as but not limited to declaration of holidays, public administration and bureaucracy for the region.

(2) Creation of sources of revenues such as but not limited to (2b) Imposition of taxes to which are not already taxed by the national and local government

(3) The Regional Governor shall grant leases, permits and licenses over agricultural, forest, or mineral lands covering areas not exceeding the limits allowed by the Constitution and shall subsist for a period not exceeding 25 years. Existing ones shall be respected until their expiration unless legally terminated earlier as provided by law, enacted by Congress or the Regional Assembly.

(4) Personal, family and property relations shall be governed by but not limited to customary justice and laws;

(5) Regional urban and rural planning development such as but not limited to:

a. adoption of a comprehensive urban land reform and land use program

b. Land management and distribution, and agricultural land use reclassification, and

c. Authority to conduct cadastral survey

(6) Economic, social and tourism development

(7) Educational policies such as but not limited to education & skills training, research councils and scholarships

(8) Preservation & development of the cultural heritage such as but not limited to establishment of its own libraries & museums, and declaration of historical & cultural sites; and cultural & language

(9) Patents, trademark, trade names & copyrights; and such other matters for the promotion of the general welfare of the people of the region

2. Article IX: Section 90

The Regional Government shall have control and supervision over natural resources in accordance to this Organic Act.

3. Article III: Section 19

The Regional Government shall formulate plans & programs for the youth that empowers them by guaranteeing their effective participation & representation in all aspects of public affairs. Further, laws shall be enacted & measures adopted to protect children against all forms of neglect, cruelty & exploitation which are harmful to their moral, physical, or mental health.

4. Article XII: Section 121

The Regional Government shall have jurisdiction over the formulation of regional educational policies and on the preservation, safeguarding and development of cultural heritage. It shall have the following plans and programs.

(b) The development of curricular programs relevant to the preservation and development of cultural heritage and responsive tot he social, economic, political and moral needs of the Cordillerans.

5. Article XVI

Section 157. Settlement of dispute, civil or criminal, done in accordance with customary practices shall be recognized

6. Article VI: Section 58

The Regional Governor shall represent the Autonomous Region of the Cordillera, including the absorbed regional line agencies and offices and the local government units within the autonomous region in Cabinet meetings called by the President and other affairs involving the region

7. Article IV: Section 37

Consistent with the basic policy on local

autonomy, the President through the

Regional Governor shall exercise

direct supervision over regional line

agencies, provinces and highly

urbanized cities in the autonomous

region to ensure that their acts are

within the scope of their prescribed

powers and functions.

Development of Lands 18

Above in Slope

8. Article IX: Section 93

The Regional Government in partnership with the

communities, especially the indigenous peoples

or indigenous cultural communities, and their

government units, and support of the national

government shall adopt measures for the

development of communities occupying lands

eighteen degrees in slope or over, by providing

the necessary infrastructure, financial and

technical support.

Second Principle

Non-diminution of Existing Benefits & Powers

1. Article IV: Section 36

The LGUs shall continue to be independent from each other and shall have the same set of local officials and employees and shall enjoy autonomy and continue to exercise the powers granted them under the Local Government Code shall apply to all provinces, cities, municipalities and barangays in the autonomous region until the regional Assembly shall enact a regional Local Government Code. Nothing herein provided shall be construed in any matter as to diminish the powers and functions as well as benefits & privileges already being enjoyed by the local government units.

PROVINCES Annual Budget MUNICIPALITIES

IRA 2017

Abra 885,527,065 1,003,541,593.15 1,682,593,125 2,568,120,190

Apayao 800,502,791 803,188,610 962,719,038 1,763,221,829

Benguet 915,335,437 1,013,987,571 1,373,114,105 2,288,449,542

Ifugao 731,036,376 826,090,174 957,433,458 1,688,469,834

Kalinga 793,619,300 1,025,259,300 690,949,283 1,484,568,583

Mt. Province 653,299,085 722,696,149 803,278,582 1,456,577,667

Subtotal: 4,779,320,054 5,394,763,397.15 6,470,087,591 11,249,407,645

Baguio City 1,776,213,147 700,548,147

Tabuk City 838,965,098

Total: Cities 1,539,513,245

TOTAL: CAR 12,788,920,890

2017 - IRA of CAR Provinces, Municipalities and Cities

2. ARTICLE IX: Section 88

(a) The national government shall continue to provide financial support & assistance to the Autonomous Region of the Cordillera by appropriating such sums as may be necessary to accelerate the development of the autonomous region, on top of and aside from the IRA provided therewith & the LGUs as well as the allocations already provided through the regional line agencies.

3. ARTICLE IV: Section 41

City Charters

(a) Any chartered city within the autonomous region shall be governed primarily by its Charter.

Revenues and Taxes accruing to LGUs

Article IV: Section 38

(b) Revenues, taxes, fees and charges generated by the LGUs and the regional government from their respective local tax ordinances shall exclusively accrue to them.

Article IV: Section 39

(c) The LGUs in the autonomous region, including the regional Government, shall have a just share in the national taxes & applicable revenues which shall be automatically released to them.

Situs of Taxation

4. Article X: Section 103

All corporations, partnerships and entities, including government agencies, government-owned and controlled corporations directly engaged in business in the region shall pay their corresponding taxes, fees, and charges to the province, city, municipality or barangays where such establishments are conducting their business operations irrespective of the location of their principal or main offices.

Third Principle

NO DIMINUTION OF BENEFITS AND POWERS TO THE DEVOLVED LINE AGENCIES AND

NATIONALLY PAID EMPLOYEES

• All benefits of nationally paid employees shall

not be diminished or lessened by reason of

the creation of a regional autonomy.

• The budgetary needs of the regional agencies where they belong shall continue to be provided by the National Government.

• No government employee will be dismissed or removed by reason of re-organization of CAR.

These are provided and guaranteed

by the provisions, as follows:

1. Article IV: Section 28

The Regional Line Agencies whose functions are covered by Sec. 25 shall continue to exist without diminution of their mandated authority and perform their functions.

2. Article IV: Section 29

(b) Regional Line Agency officials and employees shall continue to be paid in accordance with Sec. 33. There shall be no diminution of their compensation and other benefits due to its officials and employees.

Budget Preparation

Article IV: Section 33

Regional line and agencies and offices whose functions are devolved to the regional government under Sec.25 shall prepare their respective budgets separate and distinct from the budget of the Regional Government.

Fourth Principle

Other Sources of Revenue and Subsidy from the National Government

ARTICLE X: Section 101 Share from the National Revenues (a) Two and a half percent (2.5%) of the national Internal

Revenue (b) Forty Percent (40%) Share of the National Wealth Tax. LGUs shall have a share of one and one-half percent (1.5%) of the gross sales or receipts or fifty percent (50%) of the gross collection, whichever is higher, derived from renewable energy taxes, mining taxes, royalties, forestry, etc.

(c) Two percent (2%) share out of the Economic Zones Tax

(d) Twenty percent (20%) share of Excess in Value Added Tax from the immediately preceding year

(e) Fifteen percent (15%) share of Total Excise Tax. LGUs shall have a separate 15% share from total excise tax collection on locally manufactured Virginia-type cigarettes for the second year preceding the year of distribution.

(f) Fifteen percent (15%) share of Incremental Excise Tax on Burley and Native Tobacco Products. LGUs shall have a separate 15% share of the excise tax collected on Burley and native tobacco products.

(g) Forty percent (40%) share of Renewable and other energy. The Regional Government shall have a separate 40% of the special privilege tax on Renewable and other energy resources developed for the maintenance of watersheds and social & economic development of the upstream host communities. LGU share from renewable & other energy resources tax shall be based on the computation provided under the Local Government Code.

(h) Three percent (3%) of net income of Philippine Amusement and Gaming Corporation (PAGCOR) and Philippine Charity Sweepstakes Office (PCSO) for construction and maintenance of school buildings, hospitals and related structures and services.

ARTICLE X: Section 105

Eighty percent (80%) share of national fees and charges collected within the region (e.g. DOTr, NBI, NSO, BID, PEZA, DFA, DOH, DPWH, DENR, PRC, DOT, DICT, and other collecting agencies) shall be directly remitted to the regional treasury and fifty percent (50%) of this share shall be automatically retained by the collecting agencies to augment their regular operating expenses.

The National Government shall likewise provide the Autonomous Government annual assistance over and above the Internal Revenue Allotment (IRA)

which is proposed as:

ARTICLE XVIII: Section 168 (a) Ten Billion pesos (P10,000,000,000.00) per year for the first five (5) years; and (b) Another Five Billion pesos (P5,000,000,000.00) per year for the next five (5) years.

OR

A total of SEVENTY FIVE BILLION PESOS

(P 75,000,000,000) for a period of ten years.

Breakdown of funds to be distributed annually:

20% for REGIONAL GOVERNMENT

6% shall remain with the Regional

Government as Trust Fund.

74% for LOCAL GOVERNMENT UNITS

Breakdown of the 74% earmarked for LGUs:

23% for PROVINCES AND

HIGHLY URBANIZED CITIES

35% for MUNICIPALITIES

2% for COMPONENT CITY

40% for ALL BARANGAYS IN THE REGION

for infrastructure, livelihood and revenue generating projects

Fifth Principle

With the continuing revenues that the Region will get from the National Government as already been shown, the Autonomous Government will also get Two billion five hundred million (P2,500,000,000) for the construction of the Regional Government Center.

Regional Line Agencies & Regional Structure

Article X: Section 104

(a)The national government shall continue to provide appropriations for the regular operations and programs of line agencies in the region. In addition, each national government agency shall appropriate not less than five (5) percent of its annual budget to fund priority programs in the region.

(b) The national government shall continue to provide appropriations for the mandatory organizational structure and positions of the Regional Government.

TRANSPARENCY & ACCOUNTABILITY Accountability of Public Officers

1. Article III: Section 12

The Regional Government, to meet the priority needs and service requirements of its constituents shall adopt the principles of integrity, transparency and accountability in order to ensure an accountable, efficient and dynamic organizational structure.

Disclosure 2. Article V: Section 55 All regional offices shall, upon their assumption of

office, make full disclosure of their financial and business interests, including those of their spouses and unmarried children under 18 years of age living in their households. Members of the regional assembly shall notify the Regional Assembly of any potential conflict of interest that may arise from the filing of measures of which they are authors. This section shall be governed by RA 6713 or the Code of conduct and ethical standards for public officials and employees

Disclosure and Transparency

3. Article XVIII: Section 169

Funds shall be available exclusively for the specific purpose for which they have been appropriated. Any officer of the Autonomous Region of the Cordillera whose duty permits or requires the possession, custody and disbursement of the funds shall be accountable and responsible thereof. Financial records shall be kept, audited and made public annually or as often as maybe necessary.

Article XVIII: Section 171

The creation of the Autonomous Region of the Cordillera shall take effect when approved by a majority of the votes cast by the constituent units provided by a majority of the votes cast by the constituent units provided in Section 3, Article II of this Act, in a plebiscite which shall be held not earlier than three (3) months but not later than six (6) months after this Act takes effect: Provided that only the provinces and cities voting favourably in such plebiscite shall be included in the ARC.

It is very clear that the region is stable and continue to be sustainable.

Our Battle Cry,

ONE FOR ALL

ALL FOR ONE GO FOR AUTONOMY,

THIS IS THE HOPE OF THE CORDILLERAS

Thank you!