COMMON QUESTIONS ON AUTONOMY.pdf

8/22/2019 COMMON QUESTIONS ON AUTONOMY.pdf

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TECHNICAL REVIEW

of the

RDC QUESTION & ANSWER


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Technical Reviewof the

RDC Frequently Asked Questions on Cordillera Regional Autonomy(lifted mainly from PIAs IEC for the General Public Q&A, with updates extracted from various IEC engagement, and

aligned to the major provisions of RDC Working Draft, adopted as HB 5595 and SB 3115 in the 15th Congress)

Check appropriateness, accuracy of responses Include other issues which may be critical but currently included in the FAQ

Remove irrelevant questions/responses

Understand and enrich context of issues/responses

Workshop groupings Relevant HB Articles Page

1. General Questions on RegionalAutonomy

Article I The Autonomous Region, Territory AndPeopleArticle III The Cordillera Autonomous Region

1

2. Autonomy for Cordillerans

Only?

Definition of Cordillerans 10

3. Issues Related to ARMMExperience

Article II Declaration of Principles and Policies 11

4. Principles of RegionalAutonomy

Article II Declaration of Principles and Policies 12

5. Regional Autonomy andNational Government Agencies

Article III-A. The Relationship of the RegionalAutonomous Government with the Regional LineAgencies

14

6. Regional Autonomy and Local

Government Units

Article III-B. The Relationship Of The RegionalAutonomous Government With The LocalGovernment Units

16

7. Elective Officials of theAutonomous Regional Government

Article IV Elective Officials of the AutonomousRegional Government-Their Qualifications, Termof Office, Vacancies And SuccessionArticle V Regional Executive DepartmentArticle VI Regional Vice-GovernorArticle VII Regional Legislative Assembly

17

8. Questions on Socio-EconomicDevelopment

Article VIII Patrimony, Economy andDevelopmentArticle X Agriculture, Agrarian Reform, TradeAnd Industry, Tourism and CooperativesArticle XI Education, Science and Technology,Language, Arts and Culture, SportsArticle XII Social, Justice and Welfare

Article XIII Peace and Order

20

9. On Revenues andExpenditures

Article IX Sources of Revenues and other FiscalMatters

23

10. Transitory, Amendments &General Provisions

Article XVI Transitory ProvisionsArticle XIV General Provisions

Article XV Amendments or Revision

Article XVII Effectivity

27

11. The RDC Agenda on RegionalAutonomy

30


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TECHNICAL REVIEW OF THERDCSFREQUENTLYASKEDQUESTIONS ONREGIONAL AUTONOMYV.1DRAFT AS OF 22JULY2013

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GENERAL QUESTIONS ON REGIONAL AUTONOMYArticle I The Autonomous Region, Territory And People (Sec 1-3)

Article III The Cordillera Autonomous Region (Sec 24-28)

QUESTION RESPONSE1. What is the rationale

behind the Constitutionalprovision in the creation ofregional autonomy forARMM and the Cordilleraregion? (as found in therespective ExplanatoryNotes of House Bill No.

5595and Senate Bill No.3115)

The reason behind the constitutional provision on the creation ofregional autonomy, as declared under Article X, Section 15, of the1987 Constitution, is that the development of the two regions hadbeen neglected and theres legal justification to allocate more fundsto speed up its socio-economic infrastructure development to catchup with the other regions of the country.

For this reason, this opportunity should be used to mandate thenational government, under this Autonomy law, to provide subsidyover and above the internal revenue allotment and other existingbenefits that are being enjoyed by the local government units.

2. What is the legal basis forthe establishment of aCordillera autonomousregion?

Sec. 15 of Article X of the Philippine Constitution which declaredthat: There shall be autonomous regions in Muslim Mindanao andthe Cordilleras

3. With the rejection of twoOrganic Acts for thecreation of the Cordillera

Autonomous Region, is theconstitutional provision stillbinding?

For as long as the 1987 Philippine Constitution is not changed oramended, particularly Article X, Section 15, the creation of anautonomous region in the Cordillera is still binding and remains as

a mandate.

Article X Section 15 states that: there shall be an autonomousregion for the Cordillera and Muslim Mindanao. The word shallmeans it is required or mandated to have the autonomous regionbe established.

While it is true that two Organic acts for the creation of theCordillera Autonomous Region were rejected, this should not be areason to stop or cite it as a legal obstacle for a new bid toestablish a Cordillera Autonomous Region or to declare that thesaid constitutional provision for an autonomous region is no longer

in effect.

Attention is brought to the case filed by former Cordillera ExecutiveBoard member Atty. Nestor Atitiw, et al. (G.R. No. 143374) againstthe Special Provisions of Republic Act 8760 or the 2000 GeneralAppropriations Act which directed that the appropriation for theCAR for that year should be spent to wind up the CAR bodiesactivities and pay the separation and retirement benefits of allaffected officials and employees. In this case, the Supreme Courtsaid that: It is hoped that Congress will pass another organic Actwhich is finally acceptable to the people of the Cordilleras.


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QUESTION RESPONSE

The SC pronouncement said that the constitutional mandate for anautonomous region remains despite the rejection of the organicacts for an autonomous region.

4. Why dont we just subjectthe last Organic Act to athird plebiscite?

Since the law was rejected by the people in a plebiscite, it would bedifficult to let it be approved by the people in another plebiscite. Inaddition, subjecting the previous Organic Act to another plebiscitewould run against the approach the RDC has conceived to be moreeffective after considering the reasons why the two previousorganic acts were rejected.

But the previous Organic Acts (RA 8438 and RA 6766), could serveas references for a new Organic Act.

5. What is regionalautonomy?

Regional autonomy is the establishment of a regional governmentthat will assume certain powers, functions and duties of thenational government to enable the autonomous region to formulateits own policies for development using its own resources.

6. Will it be just the samesetup where people willexercise their political,cultural, and social affairsthe way things are underthe present laws andpolitical structure?

No, it will be a different setup. Under an autonomous region, we willhave a regional government that would represent us to the nationalgovernment, initiate plans for the kind of development that wereally need, and pass laws that would reflect our needs as a region.(as found in House Bill No. 5595 Articles V, VI, VII and Senate BillNo. 3115 Articles V, VI, VII)

Let it be made clear that regional autonomy does not mean that theCordillera would be separated from the Philippines as anindependent country (as found in House Bill No. 5595 Article IIDeclaration of Principles and Policies Section 4and Senate Bill No.3115 Article II Declaration of Principles and Policies Section 4).The region would still be part of the country but it would be allowedto put up its regional government. Certain powers and duties of thenational government would be given to a regional government sothat it would be able to respond more effectively to the needs of theregion and initiate programs that really reflect the needs of theregion and its communities.

7. What is Cordillera regionalautonomy?

It is the establishment of a regional government for the Cordillerathat would allow the said government to exercise certain powersand functions of the national government in accordance with lawsand the Constitution.

By being autonomous, the territorial and cultural grouping of the sixCordillera provinces Mt. Province, Ifugao, Benguet, Abra,Apayao, Kalinga and Baguio City would be preserved.

The Philippine Constitution requires autonomy only for two regions the Cordillera and Muslim Mindanao an indication thatgovernment recognizes the unique and pure culture and heritage at


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QUESTION RESPONSEthe extreme locations of the country.

An autonomous region for the Cordillera would give its people thatenviable position to decide and select what policies and programsbest suit the Cordillera. Being autonomous would mean that thisrare and singular opportunity would enable us, as a people, tofinally take destiny in our hands and steer ourselves to aprogressive and socio-economically independent people/region.

8. What is an Organic Act? The Organic Act will serve as the fundamental law of the region.The Organic Act shall define the basic structure of government forthe region.

9. How would autonomymake the present politicalset-up different?

It is the devolution of certain government powers from the nationalgovernment to the regional government.

While just like in the other 15 regions, devolution means thatcertain government powers from the national are transferred to theregional government, we in the autonomous region are empoweredto select policies and programs most appropriate for our growthand development.

10. What is devolution? Devolution means that some powers of the national governmentwill be transferred to the local government units to make them moreindependent and to allow them to decide their programs ofdevelopment.

However, this does not mean that the Cordillera would separatefrom the Philippines and become an independent country. It meansthat the autonomous government would be able to exercisegovernment powers previously concentrated in the nationalgovernment. This is to allow the regional government independentin the formulation of policies, initiation of programs and plans, andthe wise use of the regions resources to ensure and enhance thesocio-economic development of its people.

11. Is regional autonomy thesame as secession?

No. Secession means a region would break away from the countryor state it belonged to form another independent state or country.

Regional autonomy is different from secession since the CordilleraAutonomous Government shall remain as integral part of thePhilippines. Regional autonomy is not independence but ratherpolitical integrity. It shall be established with due respect for theterritorial integrity of the Philippines and shall not impair thelegitimate interests and political unity of the entire Filipino people.The Cordillerans are also Filipinos and proud of it and there is noreason to secede.

12. Is regional autonomy the Regional autonomy and regionalization both recognize the need tounite the Cordillera people into one region on the basis of shared


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QUESTION RESPONSEsame as regionalization? geography, culture, problems, and aspirations.

Regionalization, however, simply means treating the Cordillera asone administrative region and streamlining the bureaucracy tofacilitate administration by the national government over theCordillera.

Today, the Cordillera is only an administrative region which is thesame as regionalization; does not enjoy the powers of anautonomous region.

Autonomy goes beyond regionalization. Being autonomous meansthere will be self-government by the people through the regionalautonomous government which can have its own executive,legislative, administrative, and judicial branches of government. Italso recognizes indigenous political systems that are still in practiceas viable forms of self-government at the local level. It allows thepeople to make policies for their own economic, social, and culturaldevelopment

13. Is an autonomous regionthe same as a federalstate?

No. Regional autonomy means that the Cordillera people will beone region with its own structures for self-government but remainsa part of the Philippines. A federal form of government means thata country is composed of several states.

Federalism is one made out of many states, meaning that severalterritorial communities have come together, not to merge as oneunified whole, but to remain as independent states under onefederal government. In federalism, there is the admission thatconflicting interests exist among component states.

The rights of indigenous people to self determination can beanswered by regional autonomy rather than by remaining within thepresent state of Philippine government.

14. How is autonomy differentfrom federalism?

Autonomy is the establishment of a regional government for peopleliving in areas who share a distinct culture, history, heritage andsocio economic conditions.

Federalism is a political system in which several states or regionsare grouped together to form a federal state due to geographiclocation.

While there exists some measures of self-government, the differentstate governments shall be under a federal government that wouldexercise power over them.

Federalism is more of a geographical grouping than grouping bycommon culture and history.


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QUESTION RESPONSE15. Can an autonomous region

exist in a federal form ofgovernment?

Yes. According to Senator Aquilino Pimentel Jr., an autonomousgovernment is still possible within a federal form of government.

16. Will there be a tendency inthe autonomy to changethe Philippine Constitution?

No, we cant change the constitution because it is the highest lawof the land.

17. What are the advantagesof regional autonomy?What benefits do we get ifwe become anautonomous region?

When we become autonomous, we can enjoy or have the followingadvantages or benefits:

1. The right to govern or manage our natural resources based onour own regional development objectives that were formulatedusing our own planning standards, needs, and financial and

institutional abilities. (as found in House Bill No. 5595 Article IIDeclaration of Principles and Policies Section 9and Senate BillNo. 3115 Article II Declaration of Principles and PoliciesSection 9)

2. The freedom to formulate our own policies, programs, andprojects that fit and are appropriate to the conditions, needs,and priorities of the Cordillera. (as found in House Bill No. 5595Article III The Cordillera Autonomous Region Sections 16, 8andSenate Bill No. 3115 Article III The Cordillera AutonomousRegion Section 16, 8)

3. The ability to pass measures to preserve our cultural heritagethrough various programs in education, tourism, agriculture,and environment. (as found in House Bill No. 5595 Articles VIII,X, XI Sections 95-99and Senate Bill No. 3115 Articles VIII, X, XISection 95-99)

4. The opportunity to formally unite the six provinces and cities ofthe Cordillera as one region and the recognition of theCordillera as one political or local government unit.

5. The chance to establish a regional government that would leadand approve development programs that are needed by the

people and the region. (as found in House Bill No. 5595 ArticlesIV-VII and Senate Bill No. 3115 Articles IV-VII)

6. The liberty to have a regional government that would initiateprograms to enhance the regions agriculture, economy,tourism, environment, culture, infrastructure, and industries. .(as found in House Bill No. 5595 Articles VIII, X, XI and SenateBill No. 3115 Articles VIII, X, XI)

7. The opportunity to become self-reliant and independent fromthe dictates of the national government in terms of developmentprojects. (as found in House Bill No. 5595 Article II Declaration

of Principles and Policies Section 12and Senate Bill No. 3115


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QUESTION RESPONSEArticle II Declaration of Principles and Policies Section 12)

18. Do we lose something if webecome an autonomousregion?

None. Instead, we will be able to face the challenge to demonstrateour ability to manage our own affairs properly and more effectively.

In this respect, we could become more vigilant and critical towardsgovernment decisions, policies, and programs.

Our initiative as a region would also be enhanced since we wouldnot be entirely dependent anymore on the national government.

19. Will an autonomous setupbe a fallback for retiringpoliticians?

It may be an alternative but the decision is up to the Cordilleracitizenry. Any qualified Cordilleran has equal opportunity andprivilege to run for an office as the others. Ultimately, it is thepeople of the region who have the right to chose their leaders, whowould still decide the leaders they elect to head the regionalgovernment.

Note that the leaders of the autonomous government are electedand not appointed. The elections we will have in an autonomousregion would be our best opportunity to select those who arecapable to administer and manage our region and insure goodgovernance, quality administration, and excellent service. (HouseBill No. 5595 Article IV Elective Officials of The Autonomous Their Qualifications, Terms of Office, Vacancies and Successionsand Senate Bill No. 3115 Article IV Elective Officials of TheAutonomous Their Qualifications,Terms of Office, Vacancies andSuccessions)

20. What is the scope ofauthority andresponsibility of theautonomous region?Which areas of governancecould the Cordilleraautonomous regionexercise?

The autonomous region of the Cordillera would be allowed toexercise the following powers: a) Administrative organization, b)Creation of sources of revenues, d) Ancestral domain and naturalresources, e) Personal, family, and property relations, f) Regionalurban and rural planning development, g) Economic, social, andtourism development, h) Educational policies, i) Preservation anddevelopment of the cultural heritage, k) Powers, functions, andresponsibilities now being exercised by the departments of thenational government, except those provided for by law. (House BillNo. 5595 Article III The Cordillera Autonomous Region Section 28and Senate Bill No. 3115 Article III The Cordillera AutonomousRegion Section 28)

21. What government powerscould not be exercised orassumed by anautonomous region?

The powers of an autonomous government are not absolute. Itcould not issue orders, enact laws or perform functions that areconnected to: a) Foreign Affairs, b) National defence and security,c) Postal service, d) Coinage, fiscal, and monetary policies, e)Quarantine, f) Customs and tariffs, g) Citizenship, h) Naturalization,immigration, and deportation, i) General auditing, civil service, andelections, and j) Foreign trade (House Bill No. 5595 Article III TheCordillera Autonomous Region Section 28 and Senate Bill No.


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QUESTION RESPONSE3115 Article III The Cordillera Autonomous Region Section 28)

22. What if CAR becomesautonomous, will theNational Government stillintervene if we encounterproblems?

It depends as to what kind of problems. An autonomous regionshall not become an independent nation within a nation. Problemson peace and order for instance cannot be taken lightly that thenational government can just close its eyes to it.

The President is still the head of the state. Being autonomous isnot diminished or reduced. Besides, the Constitution is veryspecific as to what powers are granted to an autonomous regionand what are not.

Take note that we are still under the supervision of the President.Because it is considered as a matter of necessity and importance,presidential attention/action is within the bounds of an autonomousset up. That is the same in all matters of grave importance. But ofcourse, the regional government takes the lead in dealing with theproblem. Same is true to any local government units.

23. What will happen to themembers of thecommunity?

It was not passed in the Congress and in the Senate yet. It did noteven pass the grassroot level yet. The Congress is still focusing onthe National Budget so let us not rush things. Whats important isto educate the people first.

24. What were the reasons forthe rejection of the twoorganic acts?

According to many studies and as validated by the autonomy pulsesurvey of the RDC, both Organic Acts (Republics Act 6477 and8438) were mainly rejected due to lack of understanding andappreciation of what autonomy was all about as contained andexplained in the two Organic Acts. Communities unfortunately,were not involved in the information campaign.

That is why the RDC has adopted a slow but sure approach toproperly inform, educate, and communicate the regionaldevelopment and autonomy agenda to all stakeholders, particularlythe communities in order to get their support and to participate inthe drafting of another Organic Act that would be acceptable tostakeholders, both Cordillerans, non-Cordillerans, and the nationalgovernment.

When we say stakeholders, we refer to all sectors in the region people in government, businessmen, laborers, private sector,women, youth, farmers, small scale miners, the religious sector,academe, media, professionals, elders, members of non-government organizations, students, indigenous communities,cause oriented groups, and others.

The RDC has also engaged the assistance of establishedinstitutions, government entities, and credible private individualsand community leaders who have often been talking, associating,and working with community people to elaborate what an


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QUESTION RESPONSEautonomous region is all about.

25. What will happen to CAR ifthe third Organic Act willagain be rejected?

We must understand the implication of this: EO 220 which createdCAR only provided for CAR as a temporary region pending thecreation of a regional autonomous region.

Three purposes of EO 220: 1).Administer the affairs of governmentin the region; 2).accelerate the economic and social growth anddevelopment of the units of the region; and 3).Prepare for theestablishment of the autonomous region in the Cordilleras

CAR at the moment is in an awkward position or status. All otherregions are regular except ARMM while CAR is purportedly aregion but also an administrative region without the special bodies(CEB, CRA, CBA). If and when two provinces ratify favorably aThird Organic Act, definitely we will now have an autonomousregion of two provinces. A single province voting favorably to anOrganic Act per decision of the Supreme Court cannot form aregion.

Provinces who ratified a Third Organic Act will become theCordillera Autonomous Region. Those who will reject the OrganicAct will be brought back to their original or mother regions. (Theygo back either to Region I or Region II).

All other things will follow, i.e. structures or regional offices andemployees will be affected. Again, the Cordillera will be divided.We will be less privileged and would be treated just like otherregions. We will not be the shape of our destiny as a region.

A third strike out will send the painful message to the nationalgovernment that the Cordillera does not have what it takes to beautonomous, that its people are so fragmented that this early, it issending a strong message that the region prefers to be treated justlike any other.

26. . I am satisfied now of thepresent structure of the

region. I hope our politicalleaders would focusinstead on making CARpermanent and not justtransitory. For us to betreated as a special regionand getting specialattention is very parochialand discriminatory to therest of the Filipinos.

The special attention is not to disadvantage the rest of the Filipinosbut for us to be at par with the rest of the Filipinos. Statistics showwe had been left out in terms of development like we have the leastpaved road. It is nice to have a permanent regional identity as aregular region but then why ignore privilege provided by theconstitution. If in the future there will be other regions who want tobecome autonomous then let us also support them because weknow it is the better option.


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AUTONOMY FOR CORDILLERANS ONLY?QUESTION RESPONSE

27. Who is a Cordilleran? The term Cordillerans shall apply to all Filipino citizens who aredomiciled within the territory of the Cordillera Administrative Region(based on HB 5595 Aritcle I Section 3).

This means that even if you are not a full blooded Cordilleranbecause you are an Ilocano, Pangasinense, Pampangeo orTagalog, for as long as you live in the Cordillera, you areconsidered a Cordilleran.

28. Will autonomy not open theopportunity for theindigenous peoples to geteven or lord over thosefrom the lowlands? Whatwill happen to the non-Cordillerans?

No. This is a farfetched and unfounded fear. In fact, the termCordilleran is not confined only to Igorots or members of theregions cultural communities.

One of the aims of autonomy is to protect culture. But this does notmean that the non-Igorots will be identified and segregated thensent home. Regarding employment in government offices, civilservice rules will still be applied. The rules and requirements forgovernment jobs would not be changed or altered to suit only theCordillerans (House Bill No. 5595 Article III-A The Relationship ofThe Regional Autonomous Government With The Regional LineAgencies Section 31 and Senate Bill No. 3115 Article III-A TheRelationship of The Regional Autonomous Government With TheRegional Line Agencies Section 31).

In the past, there may have existed a dividing line between thenative population and migrant non-natives or between those fromthe uplands and the lowlands. But such in real life has alreadybeen erased due to intermarriages and constant interaction in thefield of business and other endeavors.

29. How do we ensure thatevery Cordilleran will begiven a fair chance in beinghired in government?

Civil service rules still apply. And even under an autonomousregion, employed non-Cordillerans will remain employed. They willstill enjoy their security of tenure (House Bill No. 5595 Article III-AThe Relationship of The Regional Autonomous Government WithThe Regional Line Agencies Section 31 and Senate Bill No. 3115Article III-A The Relationship of The Regional AutonomousGovernment With The Regional Line Agencies Section 31).

There are many positions that will be created, new positions maybe created as needed but the regional government has also thepower to abolish redundant positions.

30. Under autonomy, is there arequirement that only bonafide Cordillerans can run aspolitician/ leaders of theAutonmous Government

Yes, as long as he/she doesnt have a criminal offense. EO 220stipulated that elective positions should preferably be held byCordillerans.


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ISSUES RELATED TO ARMM EXPERIENCE

QUESTION RESPONSE31. Can we learn something

from Autonomous Regionfor Muslim Mindanao(ARMM)?

Yes. While Muslim Mindanao is very different from CAR in terms ofculture, dominant religion, and political context, we could still learnfrom ARMM particularly in terms of how they made their OrganicAct, what policy pitfalls they encountered, and other issues theyencountered. Their experiences could be factored in the drafting ofthe third Organic Act.

If implementation of a policy is bad, it does not necessarily meanthe Organic Act was bad, rather, it could have been in theimplementation that may have erred.

According to ARMM deputy executive secretary Atty. IshakMastura, CAR is more viable as an autonomous region comparedto ARMM. The Cordillera, he said, is in a better position especiallyin terms of fiscal autonomy, peace and order situation, and socialpreparations.

32. What is the assurance thatif we become autonomousour region will develop,considering what ishappening in ARMM?

Article II on Declaration of Principles and Policies states that thesuccess of CAR rests on the people to unite and support what isenvisioned in the Organic Act.

Whatever failures or negative experiences of ARMM should serveas lessons to CAR to ensure that the same will not be repeated.Thus, Sec. 47 on anti-political dynasty was included. Also, ArticleXIII specifically mandates the PNP as the sole peace keeping forcein the region to ensure Peace and Order.

33. Why did the AutonomousRegion of MuslimMindanao failed?

34. ARMM has failed in itspolitical structure, what arethe safeguards with CAR?

In ARMM, their leader is like a little president with their own cabinetsecretaries; and apparently too much power, which wasmismanaged.

In our HB 5595, we have instituted mechanisms for bettergovernance: E.g., Political dynasty is prevented thru Section 47 onDisqualifications

Another consideration is that Mindanao has a different culture andreligion which is paternalistic, while the predominantly ChristianCordilleran have a culture where decision-making is throughconsensus.

We should also be very selective on our regional officials.

35. The ARMM, according toPresident Noynoy himselfis a failed experiment.Why would we repeat a

It is really good to study ARMM. What made it a failed experimentis something we should learn from


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QUESTION RESPONSEfailed experiment?


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PRINCIPLES OF REGIONAL AUTONOMY

Article II Declaration of Principles and Policies (Sec. 4-23)

QUESTION RESPONSE36. What are the five basic

principles of autonomy? Permanent regional identity

Continue benefits and powers

Nationally paid officials and employees to continue to be paidnationally

Subsidy from the national government

After the period of subsidy, the national government shall continue

to provide sufficient budgetary allocation to the region in order toensure its financial stability and sustenance.

37. What is the concept behindpermanent regionalidentity?

Sec. 3. Of EO 220 provides that ...The CAR shall have thefollowing purposes:(a) Administer the affairs of government in theregion as defined in Section 4 and 5 below; (b) Accelerate theeconomic and social growth and development of the units of theregion; and (c) Prepare for the establishment of the autonomousregion in the Cordilleras. Thus, CAR, whose component provinceswere culled from Regions I and II, is only legally temporary.

38. What is the extent of non-

diminution of existingbenefits and powers?

The powers and benefits of the region, including the different unitswithin it, shall not be diminished -- Cordillera Administrative Regionshall continue exercising such powers and shall continue enjoyingthe benefits provided for by law, to wit:

1. The local government units shall enjoy autonomy andcontinue to exercise the powers granted them under theLocal Government Code and other existing laws. (quotedfrom House Bill No. 5595 Article III-B The Relationship ofThe Autonomous Government With The Local GovernmentUnits Section 37 and Senate Bill No. 3115 Article III-B TheRelationship of The Autonomous Government With TheLocal Government Units Section 37)

2. The said local government units shall likewise continuereceiving their respective internal revenue allotment (IRA)(quoted from House Bill No. 5595 Article II Declaration ofPrinciples and Policies Section 5 and Senate Bill No. 3115Article II Declaration of Principles and Policies Section 5)

3. The budgetary needs of the regional agencies where theybelong shall continue to be provided by the nationalgovernment. (House Bill No. 5595 IX Sources of Revenuesand Other Fiscal Matters Section 106and Senate Bill No.3115 IX Sources of Revenues and Other Fiscal Matters


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QUESTION RESPONSESection 106)

4. The autonomous regional government is granted power tocreate its own sources of revenues (as found in House BillNo. 5595 Article IX Sources of Revenues and Other FiscalMatters Section 104andSenate Bill No. 3115 Article IXSources of Revenues and Other Fiscal Matters Section104)

In short, nothing in this act shall be construed in any manner as todiminish the powers and functions, as well as the benefits, alreadybeing exercised and enjoyed by the region and its localgovernment units; (as found in House Bill No. 5595 Article III TheCordillera Autonomous Region Section 25andSenate Bill No. 3115

Article III The Cordillera Autonomous Region Section 25)

39. I do not believe that we area poor region and thusdeserve better attention. Ithink we are even muchbetter than some of ourlowland brothers. In theregion, at least we do nothear people dying ofhunger.

Good for us but that does not mean we should close our mind toRegional Autonomy.

40. My church, the EpiscopalChurch in the Philippines,when it was urging forautonomy from theEpiscopal Church of U.S.A.(ECUSA) said thatautonomy was the bestoption for us. Today thatECP is autonomous, it issuffering financially andhas to sell some of itsprime lots in Quezon City

and in Baguio.

I empathize with your church, but I believe there is somethinghonorable in cutting your umbilical cord from ECUSA. CAR is arich region, plus the support of National Government, we will notend up penniless.


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REGIONAL AUTONOMY AND REGIONAL LINE AGENCIES

Article III-A. The Relationship of the Regional Autonomous Government with the Regional Line Agencies

(Sec. 29-36)

QUESTION RESPONSE41. What is the role of the

President of the Philippinesover the autonomousregion?

The President shall exercise general supervision over autonomousregions to ensure that laws are faithfully executed just as he wouldfor the rest of the country (House Bill No. 5595 Article III TheCordillera Autonomous Region Section 26and Senate Bill No. 3115Article III The Cordillera Autonomous Region Section 26)

42. What would be therelationship of theautonomous government

with the nationalgovernment?

The relationship between the regional government and the nationalgovernment will be defined in terms of the authority granted to theautonomous region. Policies specific to the Cordillera shall be

worked out in the Cordillera autonomous government. Otherparticular policies, like dealing with the land problems, will have tobe worked out with the people concerned, considering the nature ofland ownership in the Cordillera. Legitimate rights of all residentswill be respected.

43. What happens to theregional offices when CARbecomes autonomous?

Existing regional offices shall continue to exist and be funded bythe national government and perform their regular mandates.However, the regional governor shall have direct administrativesupervision over these regional offices (House Bill No. 5595 ArticleIII-A The Relationship of The Regional Autonomous Governmentwith The Regional Line Agencies Section 29and Senate Bill No.

3115 Article III- A The Relationship of The Regional AutonomousGovernment with The Regional Line Agencies Section 29).

Upon the organization of the autonomous region, the line agenciesand offices of the national government devolved to the regionalgovernment including personnel, equipment, properties, andbudgets, shall be immediately placed under the control andsupervision of the regional government. (as found in House Bill No.5595 Article III-A The Relationship of the Regional AutonomousGovernment with the Regional Line Agencies Sections 29, 33 andSenate Bill No. 3115 Article III-A The Relationship of the RegionalAutonomous Government with the Regional Line Agencies

Sections 29, 33)

44. What will be the status ofthe nationally paid officialsand employees in aregional autonomousgovernment?

45. Should the activities if theRLAs be coordinated withtheir respective

Nationally paid officials and employees will continue to be paidnationally. (House Bill No. 5595 III-A The Relationship of TheRegional Autonomous Government with The Regional LineAgencies Section 29and Senate Bill No. 3115 III-A TheRelationship of The Regional Autonomous Government with TheRegional Line Agencies Section 29)

The budgetary needs of the regional agencies where they belongshall continue to be provided by the national government. (HouseBill No. 5595 IX Sources of Revenues and Other Fiscal Matters


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QUESTION RESPONSEdepartments? Section 106and Senate Bill No. 3115 IX Sources of Revenues and

Other Fiscal Matters Section 106)

However, they will have no department secretaries since they willbe under the direct control and supervision of the regional governorwho will perform the supervisory functions and authority of theirrespective department secretaries. (House Bill No. 5595 V TheRegional Executive Department Section 58and Senate Bill No.3115 V The Regional Executive Department Section 58)

Civil service employees shall not be laid off, dismissed, or removedas a result of any reorganization attendant to the establishment ofthe CAR, except for cause and after due process. (House Bill No.5595 III-A The Relationship of The Regional Autonomous

Government with The Regional Line Agencies Section 30andSenate Bill No. 3115 V The Relationship of The RegionalAutonomous Government with the Regional Line Agencies Section30)

All benefits of nationally paid employees shall not likewise bediminished or lessened by reason of the creation of a regionalautonomy. (House Bill No. 5595 III-A The Relationship of TheRegional Autonomous Government with The Regional LineAgencies Section 29and Senate Bill No. 3115 V The Relationshipof The Regional Autonomous Government with the Regional LineAgencies Section 29)

The executive power in the region shall be vested in the regionalgovernor;(House Bill No. 5595 V The Regional ExecutiveDepartment Section 57and Senate Bill No. 3115 V The RegionalExecutive Department Section 57)

The President of the Philippines shall exercise general and directsupervision over the Regional Autonomous Government and alllocal government units in the area of autonomy through theregional governor.(House Bill No. 5595 III-B The RegionalExecutive Department Section 38and Senate Bill No. 3115 V TheRegional Executive Department Section 38)


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REGIONAL AUTONOMY AND LOCAL GOVERNMENT UNITS

Article III-B. The Relationship of the Regional Autonomous Government with the Local Government Units

(Sec. 37-44)

QUESTION RESPONSE46. Will the regional

government be anadditional bureaucracylayer of government on topthe LGUs, which in thelong run will suck morepublic fund

No. Certain decisions will be devolved to the regional governmentinstead of the national government doing all the work. As a result,we expect government to act faster.

47. What will happen to the

powers of the localgovernment units shouldthe regional government beestablished?

The LGUs shall continue to enjoy local autonomy and continue to

exercise the powers granted them under the Local GovernmentCode (paraphrased from House Bill No. 5595 Article III-B TheRelationship of The Autonomous Government with the LocalGovernment Units Section 37 and Senate Bill No. 3115 Article III-BThe Relationship of The Autonomous Government Section 37Article III-B The Relationship of The Autonomous Government WithThe Local Government Units Section 37)

The said local government units shall likewise continue receivingtheir respective internal revenue allotment (IRA) (quoted fromHouse Bill No. 5595 Article II Declaration of Principles and PoliciesSection 5 and Senate Bill No. 3115 Article II Declaration of

Principles and Policies Section 5)

48. How will the Presidentexercise generalsupervision to localgovernment units?

The President shall exercise general supervision over localgovernment units to ensure that their acts are within the scope oftheir prescribed powers and functions (House Bill No. 5595 ArticleIII-B The Relationship of The Regional Autonomous Governmentwith The Local Government Units Section 38 and Senate Bill No.3115 Article II-B The Relationship of The Regional AutonomousGovernment with The Local Government Units Section 38).

The President shall exercise supervisory function directly overprovinces, highly urbanized cities and independent component

cities; through the province with respect to component cities andmunicipalities; and through the city and municipality with respect tothe barangays.

49. Will the IRA of LGUs beaffected once we have anautonomous region?

No. The IRA subsidized to LGUs which represent their share fromthe national wealth will not be touched, removed, decreased, or inany way diminished in the spirit of devolved local governance andautonomy. (found in House Bill No. 5595 Article III-B TheRelationship of The Regional Autonomous Government with TheLocal Government Units Section 40 and Senate Bill No. 3115Article III-B The Relationship of The Regional Autonomous


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QUESTION RESPONSEGovernment with The Local Government Units Section 40)


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ELECTIVE OFFICIALS OF THE AUTONOMOUS REGIONAL GOVERNMENT

Article IV Elective Officials of the Autonomous Regional Government-Their Qualifications, Term of Office,

Vacancies And Succession (Sec. 45-56)

Article V Regional Executive Department (Sec. 57-71)

Article VI Regional Vice-Governor (Sec. 72-74)

Article VII Regional Legislative Assembly (Sec. 75-90)

QUESTION RESPONSE50. What will be the structure

of CAR in an autonomousset-up?

An autonomous government set-up entails that a regionalgovernor, a deputy or vice-regional governor, and a legislativebody shall be elected at large (House Bill No. 5595 Article IVElective Officials of The Autonomous Regional Government TheirQualifications, Terms of Office, Vacancies and Succession Section45 and Senate Bill No. 3115 Article IV Elective Officials of TheAutonomous Regional Government Their Qualifications, Terms oOffice, Vacancies and Succession Section 45).

51. Under autonomy, is there arequirement that only bonafide Cordillerans can run aspolitician/ leaders of theAutonomous Government

Yes, as long as he/she doesnt have a criminal offense. EO 220stipulated that elective positions should preferably be held byCordillerans.

52. Why do we need aCongressman in anautonomous region?

We need a representative in the Congress to ensure that Cordilleraissues and concerns will be addressed at national level, Note thatthere are governance functions that will still be under the Nationalgovernment (e.g., immigration, national defence, etc..)

53. If ever autonomy will pushthrough, will the authoritybe solely given to thepoliticians?

No. The authority of the politicians will be constrained, as they arealso governed by the law. Anything done out of the law is acriminal offense.

54. In any form of government,there is usually animpeachment for dislikedleaders; is thereimpeachment for a corruptleader in HB 5595?

Even in the Local Government Code (LGC), an impeachment for acorrupt leader is not stated. However, the disliked leader can besubject to a recall as stated in the LGC.

55. In terms of leadership,three (3) years is too shortfor a good leader and three(3) terms is too long for a

With HB 5995, Cordillera will still need to abide with the PhilippineConstitution.


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QUESTION RESPONSEbad leader. What can theCordilleran in cases like

this in the HB 5995?

56. The qualification of aRegional Governor andVice-Governor is minimalto being able to read andwrite, in HB 5995, can wechange it to at least ahigher level of education?

The qualification of a Regional Governor and Vice-Governor isbased on provisions of the Philippine Constitution.

57. Who is the RegionalGovernor?

58. What is the role of theRegional Governor?

The Regional Governor shall head the regional government. Heserves/functions like the secretary representing the autonomous

region in the national government. He controls/supervises thewhole region, i.e. Regional Line Agencies, Local Government Unitsand all other government offices seeing to it that laws are beingfollowed and complied with. The functions/qualifications of electiveofficials are provided for in Article IV

59. Would the regional politicalleaders exercise absolutepolitical power over thepeople who may result topolitical chaos?

No.

60. If the autonomous regionhas its own regionalassembly, will it haverepresentation in theHouse of Representatives?

Yes. Each province will continue to have their own CongressionalRepresentatives to Congress

61. Regarding the number ofrepresentatives, how comethat Kalinga will have two(2) representatives andone (1) representative fromtheir component city whileBenguet will only have two(2) representativesconsidering their biggerpopulation and larger landarea compared to otherprovinces?

Cordillera does not need more legislators because we have plentyof laws to implement. What people need is the execution andimplementation of existing laws. Hence, it was decided that perprovince will only have 2 representatives

The proposal to allocate the number of representatives based on

land area and population could be referred to the Congress..

62. If in case autonomy willprosper, is there a requisitethat the politician/leaderthat will run should be abona fide Cordilleran?

Yes, as long as he/she doesnt have a criminal offense. It states inEO 220 that he/she should preferably be a Cordilleran. We aregoverned by Civil Service, so in case no Cordilleran qualifies, wewill entertain others.


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QUESTION RESPONSE63. How will you assure us that

there will be no corruption

if we will becomeautonomous?

64. How can HB 5595 ensurethat the next politicians willnot corrupt the moneygiven to the natives of CARfor their livelihood?

65. What is the guarantee thatthis will solve the problemof corruption?

66. Could regional autonomystop or prevent corruption?

67. The Cordillera Autonomous

government provides so

much promise, how can we

protect it from bad

governance, especially

from traditional politicians?

Let us properly choose our leaders, based on their proven trackrecord, and program of governance .

It would be ideal to say that regional autonomy will ultimately stopor prevent corruption however, resolving the issue of corruptionwould be faster and quicker since we will now have a regionalgovernment to provide us the opportunity to check the performanceof local officials.

In fact, when we are autonomous, we shall be dealing between andamong ourselves whom we know personally and or are almostrelated not only by consanguinity but affinity.

Besides, we shall be dealing with the problem within a smaller

territory where almost everyone knows everybody. In a society thatis tradition-defined and culture bound, will definitely be powerful

deterrents of corruption.

68. How will you assure us that

mismanagement of fundswill not occur?

Bad governance can be protected through stronger vigilance andactive participation of the people in government affairs.

Under an autonomous government, the people would have greateropportunity to monitor and observe the performance of theirleaders

69. In a society where theconcept of public fund isnot very strong, a largesum of money does notnecessarily mean good forthe people. It could be an

opportunity for corruptionfor our political leaders andpublic sector executives.

A lot of our problems in the region like corruption and lack of publicparticipation in governance will not be solved by RegionalAutonomy. But Regional Autonomy presupposes democracy, andtherefore strengthens peoples participation in governance. Buteven empowering people takes a long process and this is hastenedby a more developed region where there is better education if ourpeople are more educated, they would not follow blindly theirleaders and there would be less opportunity for corruption.


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QUESTIONS ON SOCIO-ECONOMIC DEVELOPMENTArticle VIII Patrimony, Economy and Development (Sec. 91-102)Article X Agriculture, Agrarian Reform, Trade And Industry, Tourism and Cooperatives (Sec 114-122)

Article XI Education, Science and Technology, Language, Arts and Culture, Sports (Sec 123-137)Article XII Social, Justice and Welfare (Sec.138-149)Article XIII Peace and Order (Sec. 150-155)

QUESTION RESPONSE70. What are the advantages

of autonomy when it comesto economy?

Consonant with the principle of decentralization, the power andauthority to manage local affairs is bestowed upon the autonomousregion. When it comes to the economic aspect, the regionalpriorities shall be given emphasis taking into consideration thephysical and topographical landscape of the Cordillera, etc.

71. What lies ahead in theexercise of powers,

functions, andresponsibilities of theregional government?

The exploitation, exploration, development, enjoyment, andutilization of natural resources found in CAR shall be under the

control, permission, and supervision of the regional governmentupon due consultation, except with respect to uranium, coal, andpetroleum which shall be under the control and supervision of thenational government. (quoted from House Bill No. 5595 Article VIIIPatrimony, Economy and Development Section 95, Senate Bill No.3115 Article VIII Patrimony, Economy and Development Section95)

72. Regarding Managementand Natural Resourceshow will the sharing ofrevenues be especially

here in Benguet whereincomes in miningcorporations are higher?

It states in Section 105 that the total of all the revenues will beshared by the autonomous region and a Regional Treasury of theautonomous region will be created.

73. Will boundary conflicts besettled if there is regionalautonomy?

Yes. It would seem a lot easier to settle boundary conflicts betweenand among concerned areas through the utilization of indigenouscultural knowledge and practices (House Bill No. 5595 Article IIDeclaration of Principles and Policies Section 17 and Senate BillNo.3115 Article II Declaration of Principles and Policies Section17).

74. Would the people

especially from thegrassroots level benefitfrom the autonomy?

75. How can HB 5595 ensurethe natives of CAR thatthey will have a livelihoodand how will it lessen therate of poverty?

Yes. We can now design and implement programs and projects

that are best suited to our environment, culture and special needsbecause National government shall be devolving program projectdesign and implementation to the autonomous government.

76. In case the minerals ofCAR will be all be

lost/consumed, where will

Cordillerans are very protective of their natural resources. This willnot happen


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QUESTION RESPONSEwe get our resources?

77. Was there a feasibility thatcan show that if underautonomy theres will be abetter economic gain?

Yes, the RDC prepared a study to estimate the expenditures of theregional government, and the funds that the autonomousgovernment will be generating from its identified sources ofrevenues.

78. With the present economicstatus of CAR, can theregion stand as anindependent region?

Having Regional Autonomy does not mean being separated fromthe Philippines. It simply means that decision-making powers andfunds shall be devolved from National Government to theAutonomous Region, so that appropriate programs and projectsthat are could be identified and implemented.

79. Will it boost the economy

of the Cordillera or will itfocus only to Baguio?

80. How sure are we that wewill attain economicsustainability?

The fact that the autonomous region will be implementing projects

that it identified itself, and with sufficient subsidy (for ten years) ontop of regular development funds should impact significantly to therural countryside.

81. Doesnt the IndigenousPeoples Rights Act (IPRA)already address issues onthe preservation of culturalheritage and ancestral land

issues?

82. How will the culture ofevery tribe be preserved?

The role of IPRA only provides for the recognition and promotion ofthe rights of the indigenous peoples but within the framework ofnational unity and development, thus limiting its capacity to includea wider definition that would push for the development of IPs. Thismeans that the IPRA will still have to operate within a political

system that is centralized where policies and programs set at thatlevel would still be the ones to be applied and recognizednationwide.

Given the Cordillera regions history, geography, and ethnic andcultural background, the only way to have a vehicle that would beresponsive to the clamor to become a developed region is tobecome an autonomous region

83. Will this not lead to reverseminority rule?

84. Will the lowlanders bediscriminated because thefocus of the bill is for theCordilleran?

No

85. How is culture beingfactored in regionalautonomy? (House Bill No.5595 Article II Declarationof Principles and PoliciesSection 19 and Senate BillNo. 3115 Article IIDeclaration of Principles

An autonomous region allows each culture to flourish unhamperedby the dominance of another culture and thereby contribute moreeffectively to national progress.

It will also provide possible solution to the regional conflicts thathave arisen partly from cultural diversity.

The Indigenous Peoples Rights Act and other laws have


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QUESTION RESPONSEand Policies Section 19)

86. How will the creation of anautonomous region impacton culture?

recognized the importance and effectivity of indigenous culturalknowledge and practices in settling personal and family relations,

hence, special considerations may be infused in the Organic Actwhile those not applicable could be modified and improved.

87. Doesnt the IndigenousPeoples Rights Act (IPRA)already address issues onthe preservation of culturalheritage and ancestral landissues?

The role of IPRA only provides for the recognition and promotion ofthe rights of the indigenous peoples but within the framework ofnational unity and development, thus limiting its capacity to includea wider definition that would push for the development of IPs. Thismeans that the IPRA will still have to operate within a politicalsystem that is centralized where policies and programs set at thatlevel would still be the ones to be applied and recognizednationwide.

Given the Cordillera regions history, geography, and ethnic andcultural background, the only way to have a vehicle that would beresponsive to the clamor to become a developed region is tobecome an autonomous region

88. Article XII which is SocialJustice, why are there noprovisions on HumanRights?

We will have to improve the Organic Act through amendments,more finances and resources.


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ON REVENUES AND EXPENDITURESArticle IX Sources of Revenues and other Fiscal Matters (Sec. 103-113)

QUESTION RESPONSE

89. Will there be additionaltaxes that we have to pay ifwe are an autonomousregion?

90. What about a regional tax?Is this a new tax on top ofcurrent taxes paid andcollected from the peoplein CAR?

No. The law provides that the autonomous regional government isnot allowed to impose additional taxes on the local population.

However, the Organic Act could empower the levy of taxes, fees,and charges through the regional legislative body.(House Bill No.5595 Article IX Sources of Revenue and Other Fiscal MattersSection 104 and Senate Bill No. 3115 Article IX Sources ofRevenue and Other Fiscal Matters Section 104)

91. If Cordillera becomes

autonomous, will Benguetand Baguio, being therichest LGUs in the CAR,end up financiallysupporting the entireregion?

No. This is a misconception about autonomy. The regional

government will not have the power to direct Baguio City andBenguet to share their taxes to the other provinces. Neither can theregional government pass a law to reapportion the IRA shares ofLGUs or require rich LGUs to finance projects or share theirincome to the other LGUs within the autonomous region. Thenational government will continue to provide IRA to all provincesand municipalities using its standard criteria.

All local government units will continue receiving their shares fromthe national wealth. The Local Government Code provides forlawful partitions. In no case will Baguio City or Benguet subsidizethe other Cordillera provinces.(found in House Bill No. 5595 Article

III-B The Relationship of The Regional Autonomous Governmentwith The Local Government Units Sections 39, 40, 41and SenateBill No. 3115 Article III-B The Relationship of The RegionalAutonomous Government with The Local Government UnitsSections 39, 40, 41)

92. Is there a projection on thesources of revenue andhow the region cangenerate income?

93. Can we sustain theautonomous regionalgovernment?

Detailed studies by RDC's Third Autonomy Drafting Committee(TAADC) indicate that Cordillera can generate higher revenues(from tax payment alone) compared to how much it receives as anadministrative region. RDC were confident enough that evenwithout the subsidy Cordillera can survive.

The subsidy of ten years is over and above the IRA. Under theregional autonomy, the 3 programs which will be fully devolved are:Social Services, Health, Agriculture

The 10B subsidy fund is for the transition support for the start ofthe autonomous region. In terms of the charges and sources orrevenue, the bill provides the Internal Revenue Allotment (IRA).The bill is not permanent and is open for amendments.

Aside from being provided with annual subsidy, the autonomousregional government is granted power to create its own sources ofrevenues shall remain which is inclusive of, but not limited to the

following: (as found in House Bill No. 5595 Article IX Sources of


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QUESTION RESPONSERevenues and Other Fiscal Matters Section 104andSenate Bill No.3115 Article IX Sources of Revenues and Other Fiscal Matters

Section 104)

a) fees and charges imposed by the regional government;

b) appropriations and other budgetary aids from the nationalgovernment;

c) shares in the proceeds from the development and use of thenational wealth within the region; and

d) shares in the revenues generated from the operation of publicutilities within the region.

94. What is the extent of non-diminution of existingbenefits and powers?

The powers and benefits of the region, including the different unitswithin it, shall not be diminished -- Cordillera Administrative Regionshall continue exercising such powers and shall continue enjoyingthe benefits provided for by law, to wit:

The local government units shall enjoy autonomy and continue toexercise the powers granted them under the Local GovernmentCode and other existing laws. (quoted from House Bill No. 5595Article III-B The Relationship of The Autonomous Government WithThe Local Government Units Section 37 and Senate Bill No. 3115Article III-B The Relationship of The Autonomous Government WithThe Local Government Units Section 37)

The said local government units shall likewise continue receivingtheir respective internal revenue allotment (IRA) (quoted fromHouse Bill No. 5595 Article II Declaration of Principles and PoliciesSection 5 and Senate Bill No. 3115 Article II Declaration ofPrinciples and Policies Section 5)

The power to create its own sources of revenues shall remainwhich is inclusive of, but not limited to the following: (as found inHouse Bill No. 5595 Article IX Sources of Revenues and OtherFiscal Matters Section 104andSenate Bill No. 3115 Article IXSources of Revenues and Other Fiscal Matters Section 104)

a) fees and charges imposed by the regional government;

b) appropriations and other budgetary aids from the nationalgovernment;

c) shares in the proceeds from the development and use of thenational wealth within the region; and

d) shares in the revenues generated from the operation of publicutilities within the region.


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QUESTION RESPONSEIn short, nothing in this act shall be construed in any manner as todiminish the powers and functions, as well as the benefits, already

being exercised and enjoyed by the region and its localgovernment units; (as found in House Bill No. 5595 Article III TheCordillera Autonomous Region Section 25andSenate Bill No. 3115Article III The Cordillera Autonomous Region Section 25)

95. Regarding Managementand Natural Resources,how will the sharing ofrevenues be especiallyhere in Benguet whereincomes in miningcorporations are higher?

It states in Section 105 that the total of all the revenues will beshared by the autonomous region and a Regional Treasury of theautonomous region will be created.

96. Regarding collections, willthe revenues of all thecities and provincesconsisting the autonomousregion be collective?

Yes, everything will be appropriated. Appropriate sharing toaccelerate economic growth.

97. With regional autonomy,the mining companies willpay their taxes to BenguetProvince; will the Regionalgovernment share from the

tax?

Yes, the Regional Government will have a share of the tax.

98. Is the regional governmentempowered to generateother sources of revenues?

The regional government shall have the power to create its ownsources of revenues and to levy fees and charges except thepower to impose taxes, subject to such guidelines and limitationsas the Constitution and whatever the Organic Act may provide,consistent with the basic policy of local autonomy (based on RA8438).

99. Where will CAR get itsfunding if it were anautonomous region? Whatare the sources ofrevenues of theautonomousregion? (House Bill No.5595 Article IX Sources ofRevenues and Other FiscalMatters Section 103 andSenate Bill No. 3115 ArticleIX Sources of Revenuesand Other Fiscal MattersSection 103)

The national government will still continue its annual allotment tothe regional government and devolved regional line agencies, andin addition, provide the autonomous government annual assistance

(as per RA 8438).

LGUs will still be receiving its IRA allotments and shares from thedevelopment of its national wealth as provided for by various laws.

As provided for in the two Organic Acts, the national governmentshall continue to provide appropriations and other budgetary aidsto the autonomous region on top of the regular budgets allocated toline agencies operating in the region (House Bill No. 5595 Article IIDeclaration of Principles and Policies Section 5 and Senate Bill No.3115 Article II Declaration of Principles and Policies Section 5).

Among the sources of revenues that an autonomous government


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QUESTION RESPONSEcould avail of (as per RA 8438) are the following:

o

Appropriations and other budgetary aids from the nationalgovernment (House Bill No. 5595 Article IX Sources ofRevenues and Other Fiscal Matters Section 106 andSenate Bill No. 3115 Article IX Sources of Revenues andOther Fiscal Matters Section 106);

o shares from the proceeds in the development and utilizationof the national wealth within the region; (House Bill No.5595 Article IX Sources of Revenues and Other FiscalMatters Section 103 and Senate Bill No. 3115 Article IXSources of Revenues and Other Fiscal Matters Section103)

o shares from revenues generated from the operation ofpublic utilities within the region as may be determined bylaw (House Bill No. 5595 Article IX Sources of Revenuesand Other Fiscal Matters Section 104 and Senate Bill No.3115 Article IX Sources of Revenues and Other FiscalMatters Section 104);

o grants derived from economic agreements or conventionsauthorized by the regional government, donations,endowments, foreign assistance, and other forms of aid,subject to the Constitution and national laws (House Bill No.5595 Article IX Sources of Revenues and Other FiscalMatters Section 104 and Senate Bill No. 3115 Article IXSources of Revenues and Other Fiscal Matters Section104);

o fees and charges that may be imposed by the regionalgovernment (House Bill No. 5595 Article IX Sources ofRevenues and Other Fiscal Matters Section 104 andSenate Bill No. 3115 Article IX Sources of Revenues andOther Fiscal Matters Section 104);.

100. How will be thedivision of budget to the

provinces?

The Regional Assembly shall be coming out with a scheme forallocating its development funds across geographic and sectoralconstituents.


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TRANSITORY, AMENDMENTS & GENERAL PROVISIONS

Article XVI Transitory Provisions (Sec. 162-172)

Article XIV General Provisions (Sec. 156-158)

Article XV Amendments or Revision (Sec. 160-161)

Article XVII Effectivity (Sec. 173)

QUESTION RESPONSE

101. Section 163b ofHouse Bill 5595 states that,The provinces or citywhich vote unfavorably inthe plebiscite shall revert totheir mother region prior tothe establishment of theCordillera AdministrativeRegion. What if theprovince/city opted not to

join the autonomy, can itfile another bill to make it aregular region?

CAR was created by EO 220 to prepare the region to becomeautonomous. EO 220 will be automatically abolished the momentan autonomous region is established. Hence, it is understood thatprovinces opting not to join the autonomous regions will bereverted back to their mother region.

It is unlikely that a new region will be formed for those provincesopting out of the autonomous region since current administration isstreamlining government operations tio reduce cost. Establishanother region is very costly.

102. If in case Benguetvoted yes for autonomy butBaguio City voted no, what

will happen to Baguio?

Baguio City is a highly urbanized and independednt city with itsown charter, and not under the political jurisdiction of the provinceof Benguet. Hence, Baguio City will revert back to Region I if it optsout of the autonomous region.

103. Will Baguio Cityremain a component city ofBenguet?

Baguio City is not a component city of Benguet but then it willremain as a chartered city.

104. What is the remedyfor the province that didntvote for autonomy?

They have to ask for inclusion and include a provision that securesthem in the event that they like to join the autonomy.

105. If in case everybodyvoted yes for autonomy,

where will the CentralOffice be?

106. Where will thecenter of the governmentof the Regional Autonomy?

107. Where would thegovernment seat of theregional governor?

Temporarily, the regional center will continue to be in Baguio Cityuntil such time that the regional autonomous government willdecide on where will be the center of its government.

108. How much will be The National Government shall provide the autonomous


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QUESTION RESPONSEthe proposed annualsubsidy to run the

autonomous government?(as found in House Bill No.5595 Article XVI TransitoryProvisions Section 167andSenate Bill No. 3115 ArticleXVI Transitory ProvisionsSection 167)

government annual assistance of a) P10 billion per year for thefirst five years and b) another P5 billion per year for the next five

years. Or a total of P75 billion for a period of 10 years.

109. How will thesubsidy be distributed?(asfound in House Bill No.5595 Article XVI Transitory

Provisions Section 167andSenate Bill No. 3115 ArticleXVI Transitory ProvisionsSection 167)

The autonomy law shall likewise provide the mode of distribution ofthe subsidy to the regional government, provinces, cities,municipalities, and barangays so that the regional governor shallhave no discretion and authority to delay the distribution of funds or

deprive any of the said units the share they are entitled to receivefrom the said subsidy.

All distributions shall be made in accordance with law.

110. In Section 167, itstates that each Barangaywill take their share fromthe City Governmentregardless of its populationand size? Pleaseelaborate.

Yes, for Baguio City, the 128 barangays will get their share fromthe City Government. For the size and population of the barangay,that will be for further discussion once the HB 5595 is approved.

111. After the 10-yearsubsidy, how will theregional government besustained?

After the period of subsidy, the national government shouldcontinue to provide sufficient budgetary allocation to the region inorder to ensure its financial stability and sustenance.

The national government shall continue to provide sufficientbudgetary allocation to the region in order to ensure its financialstability and sustenance (as found in House Bill No. 5595 Article IIDeclaration of Principles and Policies Section 5and Senate Bill No.3115 Article II Declaration of Principles and Policies Section 5)

112. Is HB 5595 still

subject to change?

HB5595 is not yet final, the Congress (House, Senate, Bi-Cameral)

can make revisions before this will make a plebiscite first and thenit will be forwarded to the committees and then last will be thePresidents approval.

113. Is there a signaturecampaign about theOrganic Act?

114. Is there a resolutionthat will push the Congressand Senate to approve theRegional Autonomy?

Yes, we have the Manifesto.


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QUESTION RESPONSE115. When is the

plebiscite for Regional

Autonomy?

In Section 170 of the HB5595, it states that, The creation of theCordillera Autonomous Region shall take effect when approved by

a majority of the votes cast by the constituent units provided inSection 2, Articles 1 of this Act, in a plebiscite which shall be heldnot earlier than two (2) months but not later than nine (9) monthsafter this Act takes effect: provided that only the provinces andcities voting favorably in such shall be included in the CAR.

116. What will happen toCAR if the third OrganicAct will again be rejected?

We must understand the implication of this: EO 220 which createdCAR only provided for CAR as a temporary region pending thecreation of a regional autonomous region.

Three purposes of EO 220: 1).Administer the affairs of governmentin the region; 2).accelerate the economic and social growth and

development of the units of the region; and 3).Prepare for theestablishment of the autonomous region in the Cordilleras

CAR at the moment is in an awkward position or status. All otherregions are regular except ARMM while CAR is purportedly aregion but also an administrative region without the special bodies(CEB, CRA, CBA). If and when two provinces ratify favorably aThird Organic Act, definitely we will now have an autonomousregion of two provinces. A single province voting favorably to anOrganic Act per decision of the Supreme Court cannot form aregion.

Provinces who ratified a Third Organic Act will become theCordillera Autonomous Region. Those who will reject the OrganicAct will be brought back to their original or mother regions. (Theygo back either to Region I or Region II).

All other things will follow, i.e. structures or regional offices andemployees will be affected. Again, the Cordillera will be divided.We will be less privileged and would be treated just like otherregions. We will not be the shape of our destiny as a region.

A third strike out will send the painful message to the nationalgovernment that the Cordillera does not have what it takes to be

autonomous, that its people are so fragmented that this early, it issending a strong message that the region prefers to be treated justlike any other.


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THE RDC AGENDA ON REGIONAL AUTONOMY

QUESTION RESPONSE

117. Why is the RegionalDevelopment Councilpushing for autonomyagain?

The Regional Development Council (RDC) is pushing for autonomyagain because it believes that autonomy would still be the best forthe Cordillera region and its people. It believes that an autonomousset up would speed up CARs development given its unique anddistinct yet varied culture and the environmental characteristics ofthe region.

The present set up does not favor the Cordillera region. Today,most programs of line agencies are planned and prescribed bycentral offices. These often conform to planning standardsformulated by the national offices. Standards had not consideredthe very unique geographic location of the Cordillera and also its

unique people. The result is that these programs do not work forCordillera Region because of its mountainous terrain andpopulation dominated by and large by indigenouspeople. Moreover, the Cordillera has always been getting thesmallest budget from the national government compared to otherregions when it should be getting a bigger budget in considerationof its problems that continuously beset a region sitting atop amountain.

This is why the Cordillera suffers from slow pace of development.Convinced that socio-economic development in CAR could besubstantially facilitated and accelerated to catch up with the more

advanced neighboring regions if CAR agencies had greater leewayand less restricted by national government rules in managing theirresources, the RDC during its 2006 Strategic Planning Workshopat Mt. Data Hotel, Bauko, Mt. Province decided again to pursueCordillera regional autonomy.

118. What is the legalbasis for the CordilleraRegional DevelopmentCouncil to coordinateefforts in pursuing regionalautonomy?

With the de-activation of the Cordillera bodies in 2001,theCordillera Regional Development Council was created by virtue ofExecutive Order 30 issued in July 2001 which shall be the primaryinstitution for setting the direction of economic and socialdevelopment in CAR and through which regional developmentefforts shall be coordinated.

The RDC-CAR, in reinventing itself to pursue autonomy, got apolicy and budgetary support from the Office of the President andthe to undertake social preparation for autonomy.

119. How will the RDCpursue Cordillera RegionalAutonomy?

In 2007, the RDC commissioned a baseline survey to re assess theawareness of Cordillerans on the issue of autonomy, gauge thereadiness of the people for regional autonomy, and gather inputson how to proceed in pursuing the autonomy agenda.

The results showed the following: (a) 64 percent of therespondents are unaware on the constitutional provision for the

creation of an autonomous region in the Cordillera; (b) 40 percent


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QUESTION RESPONSEdo not know if the region is ready to assume responsibilities of anautonomous region, while 30 percent said the region is not ready;

(c) 66 percent are undecided should a plebiscite on a 3rd Cordilleraautonomy organic act is to be held tomorrow; and (d) 44 percentsaid that a flexible program can be worked out to gradually developCARs capability to become autonomous.

Based on the results of the baseline survey, the RDC, in itsRevised Agenda on Cordillera Regional Autonomy 2008-2010decided to proceed using three strategies: A) Information,Education and Communication (IEC); B) Capability Building; andC) Alliance Building, Program Management.

120. What is the

Core Message of the IEC?

The Constitution provides an opportunity for the Cordilleras to

become an autonomous region. Cordillerans must be informed ofthis opportunity for regional autonomy and must take steps to atleast consider this opportunity, and subsequently avail of it or rejectit, in continuing efforts to accelerate socio-economic developmentof the Cordillera Region for the general welfare of the Cordillerans.

121. How will capabilitybuilding on 8+ areas ofregional governance becarried out?

The enabling component seeks to develop and strengthen thecapacities of the RDC and its partners in the regional line agencies,local government units, state universities and colleges, and theprivate sector making them ready to assume the 8+ areas ofgovernance that would be devolved to an autonomousgovernment.

The RDC has started to prepare its partners in advocating,formulating, and implementing regional programs/projects alongthe 10 Key Focus Areas of the CAR Regional Development Plannamely; Good Governance, Social Development, IndigenousCulture and Knowledge, Physical Integration, Watershed Cradleand Balanced Ecosystem Model, Major Energy Producer,Ecotourist Destination, Greens and Ornamental Grocers, PrimeEducation Center, Knowledge-Based Industries, and Agri-IndustrialActivities and the special concern on poverty alleviation.

122. What is Alliance

Building and ProgramManagement about?

This component aims to broaden, deepen and strengthen the

baseline situational analysis by benchmarking the capacity of theCordillera region in the 8+ areas of regional governance. It alsosets up the monitoring and evaluation system to track the progressof the region as well as assess the effectiveness of RDCinterventions. Furthermore, this component capacitates the RDC tomanage better its subsequent actions in advancing regionalautonomy and development.

123. What had the RDC-CAR done about regionalautonomy?

From 2007 to the present, the RDC-CAR has been implementing aCordillera agenda on Regional Development and Autonomy withseveral programs, projects, and activities geared towardsincreasing awareness and understanding of the Cordillerans on the

autonomy issues as well as in gradually preparing line agencies


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QUESTION RESPONSEand local government units in becoming regionally autonomous.

In 2010, the RDC-CAR started to prepare a working draft on theautonomy, with the participation of representatives from the localgovernment units, line agencies, the private sector, NGOs and theacademe. Various consultation were held to gather inputs fromtheir people for study and possible inclusion in the draft of a thirdorganic act.

The RDC working draft was later adopted and filed by ourCordillera Congressional Representatives as House Bill 5595 in2011 which passed the House Committee Level on LocalGovernment.

The RDC used the working draft as its key IEC material.

In 2012, it also assessed its completed and on-going IEC andcapability building projects, which later became the basis for RDCsRoadmap on attaining regional autonomy by 2016.

124. What is the statusof the Organic Act in theCongress?

HB 5595 reached the Committee on Appropriations of the 15thCongress. Our Cordillera Congressional Representatives will haveto refile this in the 16th Congress.

125. Is the nationalgovernment really support

RDC-CARs pursuit ofregional autonomy?

The National government recognizes this RDC initiative byproviding policy and budgetary support for preparing the Cordillera

Regional Autonomy. In fact it provided an average of P15M peryear for RDCs in the GAA since 2007 to prepare the region forregional autonomy.

126. What strategies arebeing adopted by the RDCto effectively inform andeducate the people onautonomy?

Previously, the lECs were conducted directly by calling andorganizing many fora to advocate for autonomy. These werespearheaded basically by the COMELEC and politicians within avery limited time. The approach was then direct a group ofspeakers was organized and sent in various fora and assemblies tospeak about autonomy.

Based on the baseline survey conducted by the RDC in 2008, the

results showed that the people did not still understand whatautonomy was all about. Thats why the RDC decided to approachthe campaign for autonomy differently this time to avoid repeatingthe failure of the two previous campaigns that resulted to therejection of the two previous Organic Acts.

Thus, the IEC of the RDC on regional development and autonomywere coursed through:

o general public (kapihan, presscons, reversed pressconference with regionwide hook-ups, essay writing, radiointerviews, etc.),


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QUESTION RESPONSEo website (news/views blogs, email lists, RDC webmail

facility, networking with Cordi sites, moderated discussion

lists, etc.),

o alternative mechanisms (Inclusion of the autonomy agendaduring tribal conferences, established communityaggrupations, professional conventions and activities, etc.),

o inclusion of Cordillera cultures and regional autonomy in thecurriculum; production of learning materials,

o e) IEC for government officials and employees especiallyregional line agencies which should be the very firststakeholders who should support regional autonomy.

127. What are the rolesof the local governmentunits and the NGOs inundertaking the IEC?

Provincial and city governments are directly involved in undertakingIECs at the grassroots level. For this purpose, each province andthe Baguio City government were allocated IEC funds to conductand spearhead extensive consultations down to the municipaland/or barangay levels. They are also expected to providecounterpart funds.

NGOs participated actively in the city and provincial consultations.

128. How will theCordillera region manageto have Php 10 billion ayear if it cannot evenmanage a P88M budget?

The RDC has been continually streamlining its operations toproperly manage its SPCAR funds within the accounting, budgeting

and auditing rules and regulations.

129. What if RDC justallocate instead the P15Mto priority infrastructureprojects of the LGUs?

The amount cannot be used for other purposes since the GeneralAppropriations Act has specifically identified which expenditure themoney would be used. Using this fund for other purposes istechnical malversation.

130. If IEC has nobearing to the grassrootslevel, then it means that allthe efforts are wasted?

It is up to the RDC, during the plebiscite, people will decide. Butthere are times that the people are just following what their leadersare saying.

131. What happens tothe RDC agenda onregional development andautonomy if it has nofunding from the nationalgovernment?

The RDC decision to renew the pursuit of regional developmentand autonomy as the over-arching theme of its regionaldevelopment in 2006 was not anchored on the condition thatnational government has to provide operational funds.

Without funding, the RDCs regional development and autonomyagenda will still proceed as usual but downscaled and in a slowerpace. We can advocate for autonomy even without or with limitedresources.

Also, partner agencies and LGUs are being requested to contribute


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QUESTION RESPONSEto the agenda.

While the availability of budget could affect the IEC for autonomy,the constitutional mandate for the establishment of an autonomousregion for the Cordillera oblige national government to providefunds for the IEC.

To claim that the autonomy bid of the RDC was only meant togenerate funds or to seek funds would be unfair and unjust. This isone misconception the IEC could clarify.

132. Is the RDCsposition on autonomy thesame with other groups or

organizations clamoring forthe establishment of anautonomous government inthe Cordillera?

Yes. The RDC joins the clamor of other groups or sectors forautonomy. The approach in the dissemination of autonomy maybedifferent. The RDC has devised its own approach. The RDC

welcomes the inputs of other sectors but it cannot delegate itsfunction to lead the IEC on autonomy.

The RDC adopted a renewed pursuit on autonomy because itbelieves that the region could speed up its development pace andachieve more in an autonomous set-up.

At this point in time, RDC is conducting an IEC focused on HouseBill 5595 while at the same time, developing the capacities ofregional agencies, local government units, and developmentpartners on regional development and autonomy.

133. We can helpadvocate the AutonomyAct but we lack on budget.Can we avail of the fund ofthe RDC?

Agencies, LGUs and the private sector can partner with the RDC inadvocating regional autonomy. The RDC has recently preparedpolicy guidelines in accessing SPCAR funds.

Documents

COMMON QUESTIONS ON AUTONOMY.pdf