ARTICLE IV

ELECTIVE OFFICIALS OF THE AUTONOMOUS REGIONAL GOVERNMENT – THEIR QUALIFICATIONS,
TERMS OF OFFICE, VACANCIES AND SUCCESSION

 

Section 45. The elective officials of the Cordillera Autonomous Region are the (a) Regional Governor, (b) Regional Vice-Governor, and (c) Members of the Regional Assembly.

Section 46. Qualifications.

  1. Candidates for Regional Governor and Vice-Governor positions must be a citizen of the Philippines and a Cordilleran, at least twenty-five (25) years of age on election day, a registered voter in the region and domiciled thereof for a period of five (5) years immediately preceding the day of election, able to read and write Filipino or any other local language or dialect in the region.

  2. Candidates for the position of Member of the Regional Assembly must be a citizen of the Philippines and a Cordilleran, at least twenty-five (25) years of age on election day, a registered voter in the region and domiciled thereof for a period of two (2) years immediately preceding the day of election, able to read and write Filipino or any other local language or dialect in the region.

Section 47. Disqualifications.

In addition to the disqualifications provided under Book I, Title Two, Chapter 1, Section 40 of the Local Government Code, candidates for Regional Governor, Vice-Governor and members of the Regional Assembly must not be related to the incumbent Regional Governor within the 4th degree of consanguinity or affinity.

Section 48. Manner of Election.

  1. The Regional Governor and Vice-Governor shall be elected at large by direct vote of the registered voters of the Cordillera Autonomous Region.

  2. Each province and city shall elect their own representatives to the Regional Assembly. Any chartered city in the autonomous region is entitled to two (2) representatives to the Regional Assembly. Any component city shall be entitled to one (1) representative. Each province shall be entitled to a maximum of two (2) representatives, one (1) per district. Provided, that any political subdivision created after the effectivity of this Organic Act shall be entitled to representation to the Regional Assembly as may be provided by law.

  3. Unless otherwise provided, the regular election of the Regional Governor, Vice-Governor, and members of the Regional Assembly shall be held on the second Monday of May.

Section 49. Term of Office

  1. The term of office of all elective regional officials elected after the effectivity of this Organic Act shall be three (3) years which shall begin at noon on the thirtieth (30th) day of June next following the day of election and shall end at noon of the same date three (3) years thereafter. No Regional Governor, Vice-Governor, or Member of the Regional Assembly shall serve for more than three (3) consecutive terms.

  2. Voluntary renunciation of, or removal from, office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which officials were elected.

Section 50. Oath of Office. The Regional Governor, Vice-Governor and Members of the Regional Assembly on assuming office shall take the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as Governor/Vice-Governor/Member of the Regional Assembly of the Cordillera Autonomous Region, preserve and defend the Constitution of the Republic of the Philippines and the Organic Act of the Cordillera Autonomous Region, execute these laws, do justice to all and consecrate myself to the service of the nation and the Cordillera Autonomous Region. So help me God." (In case of affirmation, the last sentence will be omitted.)

Section 51. Prohibition

  1. The Regional Governor and Vice-Governor shall not, during their tenure, engage in the practice of any profession or hold any other office or employment, except as otherwise provided in this Act.

  2. The spouse and other relatives by consanguinity or affinity within the fourth civil degree of the Regional Governor and the Regional Vice-Governor shall not, during their tenure, be appointed officers or employees of the Regional Government, except as members of their confidential staff.

  3. No members of the Regional Assembly may hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, or their subsidiaries, during their term without forfeiting their seat. Neither shall he/she be appointed to any office which has been created or the emoluments whereof increased by the Regional Assembly during the term for which he/she was elected.

  4. The Regional Governor, and Regional Vice-Governor, and members of the Regional Assembly shall not personally appear as counsel before any court of justice or before the Electoral Commission or quasi-judicial and other administrative bodies.

  5. The Regional Governor, Regional Vice-Governor, and members of the Regional Assembly shall not participate directly or indirectly in any contract with or in any franchise or special privilege granted by the Regional Government or any subdivision, agency or instrumentality thereof, including any government-owned or–controlled corporations or in any of their subsidiaries. They shall not intervene in any matter before any office of the Cordillera Autonomous Region for their pecuniary benefit or where they may be called upon to act on account of their office.

Section 52. Vacancies and Succession

  1. In the event that the position of the Regional Governor becomes permanently vacant, the Regional Vice-Governor shall automatically become the Regional Governor.

  2. If the position of the Regional Vice-Governor becomes permanently vacant, the member of the assembly garnering the highest percentage of votes in the district represented shall become the vice-governor or in case of his/her permanent disability, the next higher shall assume said position.

  3. In case of permanent vacancy in the Regional Assembly occurring not less than (1) year before the expiration of the term of office, a special election in which the concerned elective official was elected shall be called to fill the vacancy: Provided, that the member elected shall serve only for the unexpired term.

  4. In case of a permanent vacancy in the assembly where automatic succession does not apply, the Regional Governor shall appoint to the position so vacated the nominee of the political party to which the member who caused the vacancy belonged at the time of his election. Provided, however, that the appointee has all the qualifications required by this Organic Act of a member of the Regional Assembly and none of the disqualifications provided for in other laws, and: Provided, further, that he/she comes from the same district represented by the member who caused the vacancy.

  5. For purposes of this article, a permanent vacancy arises when the incumbent elective official concerned dies, voluntarily resigns, is removed from office, fills up a higher vacant office, refuses to assume office, fails to qualify, or is otherwise permanently incapacitated to exercise the powers and discharge the functions of his office.

Section 53. Temporary Vacancies

  1. When the Regional Governor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the regional vice governor shall automatically exercise the powers and perform the duties and functions of the former except the power to appoint, suspend or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.

  2. Said temporary incapacity shall terminate upon submission to the Regional Assembly of a written declaration by the Regional Governor that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the regional official concerned shall also submit necessary documents showing that said legal causes no longer exist.

  3. When the incumbent Regional Governor is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing, the officer-in-charge of the said office. Such authorization shall specify the powers and functions that the regional official concerned shall exercise except the power to appoint, suspend or dismiss employees.

  4. In the event, however, that the Regional Governor concerned fails or refuses to issue such authorization, the Regional Vice-Governor shall have the right to assume the powers, duties and functions of the said office on the fourth (4th) day of absence of the Regional Governor, subject to the limitations provided in subsection c, hereof.

  5. Except as provided above, the Regional Governor shall in no case authorize any regional official to assume the powers, duties and functions of the office, other than the Regional Vice-Governor or the highest ranking Member of the Regional Assembly, as the case may be.

Section 54. Approval of Leaves of Absence. Leaves of absence of elective officials of the Cordillera Autonomous Region shall be approved as follows:

  1. Leaves of absence of regional officials, provincial governor, mayor of a highly urbanized city or an independent component city shall be approved by the Regional Governor or his duly authorized representative;

  2. Applications for leaves of absence of other officials and employees other than those enumerated above shall follow those stipulated in the Local Government Code;

  3. Application for leave of the Regional Governor shall be approved by the President

Section 55. Compensation.

  1. Unless otherwise provided by law or regional ordinance, the Regional Governor and Regional Vice-Governor shall receive an annual salary equivalent to that of a department secretary and undersecretary, respectively, of the national government, which shall not be decreased during their tenure. No increase in the salary of the Regional Governor and Regional Vice-Governor shall take effect until after the expiration of the term of the Regional Governor and Regional Vice-Governor approving the same.

  2. Unless otherwise provided by a regional ordinance, a member of the Regional Assembly shall receive an annual salary not lower than that of an assistant secretary of the national government. No increase in salary provided for by ordinance shall take effect until after the expiration of the term of office of all members of the Regional Assembly approving the same.

  3. They shall not receive during their tenure any other emoluments from the government or any other sources.

Section 56. Disclosure. All regional officials shall, upon their assumption of office, make a full disclosure of their financial and business interests, including those of their spouses and unmarried children under eighteen (18) years of age living in their households. Members of the Regional Assembly shall notify the Regional Assembly of any potential conflict of interest that may arise from the filing of measures of which they are authors. Any member found guilty of non-disclosure as required under this section may be expelled by a vote of two-thirds (2/3) of all the members of the Regional Assembly, without prejudice to other liabilities under pertinent laws.