Article XIX
TRANSITORY PROVISIONS
Section 1. (1) The existing Sangguniang Pampook and the Lupong Tagapagpaganap ng Pook of Regions IX and XII shall be deemed abolished and the Members thereof considered as having ceased in office upon the election and qualification of their successors as provided in this Act.
(2) All regular and permanent personnel of the Sangguniang Pampook and Lupong Tagapagpaganap ng Pook of Regions IX and XII shall continue to hold office unless they are replaced by the Regional Government within six (6) months from the organization thereof; otherwise, they shall be considered regular and permanent employees of the Regional Government.
Nothing in this Organic Act, however, shall derogate from any right or privilege enjoyed by any public official or employee under existing laws. Retiring employees shall be given full benefits under existing laws. Those who opt to transfer to another region shall be allowed, subject to the Civil Service laws and regulations.
(3) Properties and assets of the present Autonomous Governments in Regions IX and XII shall be turned over to the Regional Government. Those lands, buildings and other permanent structures located in the provinces or cities that do not vote favorably in the plebiscite for the ratification of this Organic Act may be acquired by the province or city concerned for value.
Sec. 2. All personnel of the National Government and of government-owned or controlled corporations who are absorbed by the Regional Government shall retain their seniority rights, compensation and other benefits.
Sec. 3. Within one (1) month from the organization of the Regional Government, an Oversight Committee composed of the Executive Secretary as Chairman, the Secretary of Budget and Management, the Secretary-General of the National Economic and Development Authority, the Regional Governor of the Autonomous Region, the Speaker of the Regional Assembly, two (2) Senators to be designated by the Senate President and two (2) Representatives to be designated by the Speaker of the House of Representatives, as Members, shall be organized for the purpose of supervising the transfer to the Autonomous Region of such powers and functions vested in it by this Organic Act and the appropriations of the offices or agencies, including the transfer of properties, assets and liabilities, and such personnel as may be necessary; and of identifying the other line agencies and government-owned or controlled corporations that may be absorbed by the Regional Government and, with respect to the latter, also the terms and conditions of their turnover.
Within six (6) months after its organization, the Oversight Committee shall submit its report and recommendations to the President of the Philippines who shall act on the report and recommendations within ninety (90) days after receipt thereof: Provided, however, That if the President fails to act within said period, the recommendations of the Oversight Committee shall be deemed approved.
Sec. 4. Upon the organization of the Autonomous Region, the line agencies and offices of the National Government dealing with local government, social services, science and technology, labor, natural resources, and tourism, including their personnel, equipment, properties and budgets, shall be immediately placed under the control and supervision of the Regional Government.
Other National Government offices and agencies in the Autonomous Region which are not excluded under paragraph (9), Section 2, Article V of this Organic Act, together with their personnel, equipment, properties and budgets, shall be placed under the control and supervision of the Regional Government pursuant to a schedule prescribed by the Oversight Committee mentioned in Section 3, Article XIX of this Organic Act: Provided, however, That the transfer of these offices and agencies and their personnel, equipment, properties and budgets shall be accomplished within six (6) years from the organization of the Regional Government.
The National Government shall continue such levels of expenditures as may be necessary to carry out the functions devolved under this Act: Provided, however, That the annual budgetary support shall, as soon as practicable, terminate as to the line agencies or offices devolved to the Regional Government.
Sec. 5. Notwithstanding the provisions of the preceding Section, the Government Service Insurance System, the Social Security System, the Pagtutulungan-Ikaw, Bangko, Industriya't Gobyernor (PAG-IBIG) and other funds of similar trust or fiduciary nature shall be exempt from the coverage of this Organic Act.
Sec. 6. Pending the enactment of a regional budgetary law, the budgeting process of the Regional Government shall be governed by pertinent rules and regulations prescribed by the Department of Budget and Management.
Sec. 7. The first regular elections of the Regional Governor, Vice-Governor and Members of the Regional Assembly under this Organic Act shall be held not earlier than sixty (60) days or later than ninety (90) days after the ratification of this Act. The Commission on Elections shall promulgate such rules and regulations as may be necessary for the conduct of said election.
Sec. 8. Within one (1) year from its organization, the Regional Assembly shall, by law, create a Code Commission on Muslim Laws and a Code Commission on Tribal Laws which shall riot exceed three (3) members per commission, and shall define their powers and functions.
The Code Commissions shall codify tribal laws and Islamic laws and jurisprudence within three (3) years from their creation and submit the same to the Regional Assembly for enactment into law.
Sec. 9. The sum of Fifteen million pesos (₱15,000, 000.00), which shall be charged against the Contingent Fund, is hereby appropriated for the initial organizational requirements of the Regional Government, and funding for any deficiency shall be taken from savings of the National Government: Provided, That Five million pesos (₱5,000,000.00) thereof shall be allotted to the Commission on Elections to undertake an information campaign on this Organic Act: Provided, further, That the Commission on Elections shall determine the manner of campaigning and the deputization of government agencies for the purpose: Provided, finally, That the Commission on Elections shall adopt measures that will ensure an impartial information campaign.
Sec. 10. The National Government shall, in addition to its regular annual allotment to the Autonomous Region, provide the Regional Government Two billion pesos (₱2,000,000,000.00) as annual assistance for five (5) years, to fund infrastructure projects duly identified, endorsed and approved by the Regional Planning and Development Board herein created: Provided, however, That the annual assistance herein mentioned shall be appropriated and disbursed through a Public Works Act duly enacted by the Regional Assembly: Provided, further, That this annual assistance may be adjusted proportionately in accordance with the number of provinces and cities joining the Autonomous Region: and Provided, finally, That the national programs and projects in the Autonomous Region shall continue to be financed out of national funds.
Sec. 11. The provisions of this Organic Act are hereby declared to be separate and in the event one or more of such provisions are held unconstitutional, the validity of other provisions shall not be affected thereby.
Sec. 12. All laws, decrees, orders, rules and regulations, and all other issuances, or parts thereof, which are inconsistent With this Organic Act are hereby repealed or modified accordingly.
Sec. 13. The creation of the Autonomous Region in Muslim Mindanao shall take effect when approved by a majority of the votes cast by the constituent units provided in paragraph (2) of Sec. 1 of Article II of this Act in a plebiscite which shall be held not earlier than ninety (90) days or later than one hundred twenty (120) days after the approval of this Act: Provided, That only the provinces and cities voting favorably in such plebiscite shall be included in the Autonomous Region in Muslim Mindanao. The provinces and cities which in the plebiscite do not vote for inclusion in the Autonomous Region shall remain in the existing administrative regions: Provided, however, That the President may, by administrative determination, merge the existing regions.
Sec. 14. This Act shall take effect after fifteen (15) days following its complete publication in at least two (2) national newspapers and one (1) local newspaper of general circulation in the Autonomous Region.
Approved, August 1, 1989
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