Republic Act No. 8438/Article IV

by Congress of the Philippines

Layout 2

Article—IV

The Regional Legislative Assembly

Section 1. The regional legislative power shall be vested in the Cordillera Assembly, except to the extent reserved by the Constitution and this Organic Act on initiative and referendum.

Sec. 2. Unless all the component provinces and the City of Baguio shall have been divided into districts for the election of the members of the sangguniang panlalawigan and the sangguniang panlungsod, respectively, and for purposes of the first election of the members of the assembly, the provinces of Abra, Benguet, Ifugao and Mt. Province shall each elect two (2) members per district, and the provinces of Apayao and Kalinga and the City of Baguio shall elect four (4) members at large.

There shall be party-list representatives which shall constitute twenty percentum (20%) of the total number of representatives including those under the party-list for three (3) consecutive terms after the ratification of this Organic Act, one-half (1/2) of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from such other sectors as may be provided by the Regional Assembly, except the religious sector.

Sec. 3. (a) The members of the Legislative Assembly shall have a term of three (3) years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

(b) No member of the Legislative Assembly shall serve for more than three (3) consecutive terms. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Sec. 4. (a) Unless otherwise provided by law, the regular election of the members of the Legislative Assembly shall be held on the second Monday of May.

(b) In case of vacancy in the Cordillera Assembly occurring at least one (1) year before the expiration of the term of office, a special election shall be called to fill the vacancy in the manner prescribed by regional law: Provided, That the member elected shall serve only for the unexpired term.

(c) In case of permanent vacancy in the assembly, 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 assembly and none of the disqualifications provided for in other laws, and: Provided, further, That he comes from the same district represented by the member who caused the vacancy.

Sec. 5. The Legislative 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, it may be called to a special session at any time by the Cordillera governor. In case of special sessions, a written notice shall be sent to the members' 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.

Sec. 6. (a) A majority of all the members of the Legislative 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 Legislative Assembly may provide.

(b) On the first regular session following the election of its members, and within ninety (90) days thereafter, the 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, the 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 sessions, the preparation and publication of its journals, the determination of quorum, and the necessary votes to pass any measure, and recall proceedings in accordance with the Local Government Code.

Sec. 7. Unless otherwise provided by regional ordinance, a member of the assembly shall receive an annual salary not lower than that of an assistant secretary in the executive department 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 the members of the assembly approving the same.

Sec. 8. No member of the 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 his term without forfeiting his seat. Neither shall he be appointed to any office which has been created or the emoluments whereof increased by the assembly during the term for which he was elected.

Sec. 9. No member of the Legislative Assembly shall personally appear as counsel before any court of justice or before the Electoral Commission or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with or in any other franchise or special privilege granted by the national or regional government, or subdivision, agency or instrumentality thereof, including government-owned or controlled corporation or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Regional Autonomous Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Sec. 10. (a) There shall be a question hour as often as may be necessary and as the rules of the assembly may provide, which shall be included in its agenda, during which any official of the regional executive department may be invited to appear and answer questions and interpellations by members of the assembly.

(b) The Cordillera Assembly or any of its committees may conduct inquiries, in aid of legislation, in accordance with its duly published rules or procedures. The rights of persons appearing in or affected by such inquiries shall be respected.

Sec. 11. The regional governor shall submit to the assembly a budget of expenditures and sources of funds within thirty (30) days from the opening of every regular session, as the basis of the regional appropriations ordinance. The form, content and manner of preparation of the regional budget shall be as prescribed by law.

(a) 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.

(b) The procedure in approving appropriations for the assembly shall strictly follow the same procedure for approving appropriations for the regional executive department. 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.

(c) 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.

If, by the end of any fiscal year, the assembly shall have failed to pass the general appropriation ordinance for the ensuing fiscal year, the general appropriations ordinance for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the proposed general appropriations ordinance is passed by the assembly.

Sec. 12. (a) No money shall be paid out of the treasury except in pursuance of an appropriation made by law.

(b) 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.

Sec. 13. (a) Every bill shall embrace only one (1) subject which shall be expressed in the title thereof.

(b) No bill 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. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

(c) Every bill passed by the Legislative Assembly shall, before it becomes a law, be presented to the regional governor. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the Legislative 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 assembly shall agree to pass the bill, it shall become a law. The regional governor shall communicate his veto of any bill to the assembly within thirty (30) days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.

(d) 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 does not object.

Sec. 14. The regional governor shall submit to the Legislative Assembly within thirty (30) days from the opening of every regular session, as the basis of the regional appropriations bill, budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures: Provided, That when regional revenues are insufficient, the difference shall be funded by the national government.