ARTICLE VII

THE REGIONAL LEGISLATIVE ASSEMBLY

 

Section 75. The legislative power of the Regional Government in the Cordillera Autonomous Region shall be vested in the Regional Assembly, except the extent reserved by the Constitution and this Organic Act on initiative and referendum. Within its territorial jurisdiction and subject to the provisions of the Constitution and national laws, the Regional Assembly of the Cordillera Autonomous Region shall have legislative powers over those functions enumerated under Section 28.

Section 76. The Regional Assembly shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the region and its inhabitants as well as for the efficient and effective operation of the Regional Government.

Section 77. The Regional Assembly shall have an administrative and support staff. Each member shall have at least three (3) confidential Legislative Assistants whose qualifications, rank and salary grade level shall be equivalent to regional executive assistants. Their term of service shall however be coterminous with their overseer.

Section 78. The Regional Assembly shall start its regular session on the first Monday of July, and by resolution fix the day, time and place of its regular sessions, which shall be held at least once a week. However, the Assembly may be called to a special session by the Chairperson or the Regional Governor whenever necessary and a notice of meeting shall be sent to the member's place of residence at least twenty-four (24) hours before the special session is held. Unless otherwise concurred in by two-thirds (2/3) votes of the members, there being a quorum, no other matters may be considered at a special session except those stated in the notice. The Regional Assembly may invite the President and other government officials to address it.

Section 79. Sessions and Quorum.

1. A majority of all the members of the Regional Assembly shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties as the Assembly may provide.

2. On the first regular session following the election of its members, and within ninety (90) days thereafter, the Regional Assembly shall adopt or update its rules of proceedings which shall include, among other things, the organization of the Assembly and the election of its officers, creation of standing committees, the time, place and manner of convening its regular and special sessions, the conduct and discipline of its members, the conduct and discipline of every person present during its session, the preparation and publication of its journal, the determination of quorum, and the necessary votes to pass any measure, and recall proceedings in accordance with the Local Government Code.

Section 80. Ordinance

1. Every ordinance shall embrace only one (1) subject which shall be expressed in the title thereof.

2. No ordinance shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to the members three (3) days before its passage, except when the Governor certifies to the necessity of its immediate enactment to meet a public calamity or emergency affecting the region, or the component provinces, cities, municipalities or barangays.

3. Upon the last reading of an ordinance, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

4. Every ordinance passed by the Regional Assembly shall, before it becomes a law, be presented to the Regional Governor. If he/she approves the same, he/she shall sign it. otherwise, he/she shall veto it and return the same with his objections to the Regional Assembly, which shall enter the objections in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of all the members of the Regional Assembly shall agree to pass the ordinance, it shall become a law. The Regional Governor shall communicate his veto of any ordinance to the Regional Assembly within ten (10) days from receipt thereof otherwise, it shall become a law as if he/she had signed it.

5. The Regional Governor shall have the power to veto any particular item or items in an appropriation or revenue, but the veto shall not affect the item or items to which he/she does not object.

Section 81. People's Question Hour

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

2. The Regional Assembly or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights and dignity of persons appearing in or affected by such inquiries shall be respected.

Section 82. No member shall be questioned or be held liable in any other place for any speech or debate in the Regional Assembly or in any committee thereof.

Section 83. The Regional Assembly shall pass an appropriations ordinance for the ensuing year at or before the end of each year, based on the budget of expenditures and sources of funds submitted to it by the Regional Governor.

1. No provision or enactment shall be embraced in the regional appropriations ordinance, unless it relates specifically to some particular appropriations therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

2. The procedure in approving appropriations for the Regional Assembly shall strictly follow the same procedure for approving appropriations for the regional executive department.

3. A special appropriations ordinance shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the Regional Treasurer or to be raised by a corresponding revenue proposal therein.

4. No ordinance shall be passed authorizing any transfer of appropriations. however, the Regional Governor and the presiding officer of the Assembly may, by ordinance, be authorized to augment any item in the general appropriations ordinance for their respective departments from savings in other items of their respective appropriations.

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

Section 84. Expenditure of Public Funds

1. No money shall be paid out of the regional treasury except in pursuance of an appropriation made by regional law.

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

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

Section 85. The Regional Assembly shall, within ten (10) working days from approval thereof, submit to the President and to both Houses of Congress a certified true copy of all ordinances and resolutions it passed.

Section 86. The Regional Assembly may create such other offices and positions as may be necessary to carry out the purpose of the regional government subject to availability of funds.

Section 87. There shall be a Secretary to the Regional Assembly with a rank, status and salary grade level equivalent to a head of a regional department. He must be a citizen of the Philippines and a Cordilleran, of good moral character, and a holder of a college degree preferably in law, commerce, public administration, or any other related course from a recognized college or university. He must have at least three (3) years of relevant experience.

The Secretary to the Regional Assembly shall:

1. Take charge of the office of the secretary to the Regional Assembly;

2. Attend meetings of the Regional Assembly, and keep a journal of its proceedings;

3. Keep the seal of the Regional Government and affix the same with his/her signature to all ordinances, resolutions, and other official acts of the Regional Assembly and present the same to the presiding officer for his/her signature;

4. Forward to the Regional Governor for approval copies of ordinance enacted by the Regional Assembly and duly certified by the presiding officer;

5. Forward to the Regional Assembly copies of duly approved ordinances;

6. Furnish, upon request of any interested party, certified copies of records of public character in his/her custody upon payment to the Regional Treasurer of such fees as maybe prescribed by ordinance;

7. Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the Regional Assembly, with the dates of passage and publication thereof;

8. Keep his/her office in all non-confidential records therein open to the public during the usual business hours;

9. Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval, and cause the publication of the same together with the original version;

10. Take custody of the local archives and, where applicable, the local library in annual account for the same; and

11. Exercise such other powers and perform such other duties and functions as maybe prescribed by law or ordinance relative to his/her position.

Section 88. Subject to national laws and, sound public administration principles, exercising the corporate powers of the Regional Government under the Constitution and RA 7160 of 1991, the Regional Assembly shall evolve a program for generating development financing to accelerate social and economic development in the region and implement the same, and after conducting public consultation. Provided, that when regional revenues are insufficient, the difference shall be funded by the national government.

Section 89. Following the provisions of and the timetable for planning the Local Government Code, the Regional Assembly shall approve by ordinance the recommended physical framework plan, the local development plan, the local development investment program, the annual investment plan and annual budget.

Section 90. When the need arises, the Regional Assembly shall enact ordinances and necessary legislative measures that shall strengthen and supplement the implementation of national laws, devolved functions and address conflicting laws.