bam (bicol) charter draft 3

8/4/2019 BAM (Bicol) Charter Draft 3

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THE CHARTER OF BICOL AUTONOMOUS REGION

Preamble

We, the Bicolanos, imploring the aid of Almighty God, in order to establish a

Bicol Autonomous Region that shall embody our ideals and aspirations within theframework of the Philippine Constitution; conserve and develop our economy,patrimony and natural resources, promote the general welfare, enrich our socio-culturalheritage, uphold human rights and dignity, maintain a just and humane society, andsecure to ourselves and our posterity the blessings of self-governance, do ordain and

promulgate this Charter.

ARTICLE IName and Purpose

Section 1. There is hereby created an autonomous region in Bicol to be known as the "BicolAutonomous Region."

Section 2. It is the purpose of this proposed Charter to establish the Bicol Autonomous Region,to provide its basic structure of government within the framework of the Constitution andnational sovereignty and the territorial integrity of the Republic of the Philippines, and to ensurethe equality, justice and peace before the law of all the inhabitants in the Bicol AutonomousRegion, maximize and expedite the development of the region through an autonomous set-up,and ensure proper and sustainable utilization of its natural endowments.

ARTICLE IIThe Bicol Autonomous Region

REGIONAL TERRITORY AND SEAT OF GOVERNMENT

Section 1. The Bicol Autonomous Region shall be composed of all provinces and cities withinthe geographical territory of the Bicol region, presently consisting of the provinces of Albay,Camarines Norte, Camarines Sur, Catanduanes, Masbate, and Sorsogon and the chartered cityof Naga.

Section 2. Upon the approval of this Charter, a Regional Legislative Assembly shall beestablished and hereinafter referred to as the Regional Assembly. It, by the authority of law,shall fix the permanent seat of government of the Bicol Autonomous Region, taking into

consideration geographical location, accessibility and efficiency in carrying out its mandateunder this Charter: Provided, that the regional seat of the Bicol Autonomous RegionalGovernment shall be in Legazpi City, Albay.

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ARTICLE IIIGUIDING PRINCIPLES AND POLICIES

Section 1. The area of the Bicol Autonomous Region shall remain an integral and inseparablepart of the national territory of the Republic of the Philippines as defined by the Constitution andexisting laws.

The inhabitants of the Bicol Autonomous Region shall uphold the Constitution as thefundamental law of the land and unequivocally owe allegiance and fidelity to the Republic of thePhilippines.

The Bicol Autonomous Region shall be governed and administered in accordance withthis Charter, the Constitution, and all the laws of the Republic of the Philippines, upon theapproval by the Congress of the Republic of the Philippines and ratification by the people.

Section 2. The Bicol Autonomous Regional Government shall adopt peaceful means of settlingconflicts and renounce any form of violence and any form of secessionism as an instrument ofredress.

Section 3. The Bicol Autonomous Regional Government shall adopt a policy on local autonomywhereby regional powers shall be devolved to local government units where appropriate:Provided, however, that until a regional law implementing this provision is enacted, the LocalGovernment Code shall be applicable.

Section 4. Highly urbanized cities1 within the Bicol Autonomous Region shall continue to begoverned by their charters. Nothing in this Charter shall be construed as to diminish the powersand functions already enjoyed by these cities.

Section 5. The Bicol Autonomous Regional Government shall adopt measures for the

democratic sharing of wealth, power and opportunities among the inhabitants of the Regionregardless of ethnic origin, creed, sex, language, political conviction, economic or social status.

Section 6. The Bicol Autonomous Regional Government shall ensure the right of itsinhabitants to participate and be equitably represented at appropriate levels of social, economic,political decision-making and in the formulation, implementation, and monitoring of local,regional, and national priorities, plans, and programs.

Section 7. The Bicol Autonomous Regional Government shall safeguard equal opportunities toall qualified inhabitants of the Region to run for public office; thereby prohibiting any form ofpolitical dynasty, in harmony with the policies stated in the Constitution and as defined in thisCharter.

Effective, efficient, and transparent elections shall be protected by the Bicol AutonomousRegional Government to maintain the integrity of the vote and the sanctity of suffrage.

Section 8. The Bicol Autonomous Regional Government shall adopt educational policies thatare responsive to and reflective of the special needs of its inhabitants, with due respect to thebeliefs, customs and traditions of the inhabitants of the Region.

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Section 9. The Bicol Autonomous Regional Government shall undertake measures to improvethe well-being of all its inhabitants, particularly the marginalized, deprived, disadvantaged,underprivileged, and the physically and mentally challenged.

Section 10. Subject to the provisions of the Constitution and of this Charter, and the nationaldevelopment policies and programs, the Bicol Autonomous Regional Government shall exercise

regulation and control in the exploration, development and utilization of its natural resources:Provided, that these natural resources are within the territorial jurisdiction of the BicolAutonomous Region. Provided, further that these natural resources be put to optimum andsustainable use primarily for the benefit of the inhabitants.

Section 11. The Bicol Autonomous Region shall provide manpower training programs, createlivelihood and job opportunities, allocate equitable rights to its inhabitants, and adopt laws thatwill safeguard the rights of workers.

Section 12. The Bicol Autonomous Regional Government shall safeguard the basic rights tolife, liberty, and property of all the inhabitants of the Region in accordance with the guaranteesof the Constitution.

Section 13. The Bicol Autonomous Regional Government shall provide, maintain, and ensurethe delivery of basic health, education and socialservices.

Section 14. The Bicol Autonomous Regional Government shall provide incentives for promptpayment of taxes.

Section 15. The Bicol Autonomous Regional Government shall, in accordance with theConstitution and existing laws, establish rules and guidelines for the development,management, and maintenance of all possible energy production, public transportation, andcommunication, with the aid of contemporary technologies.

Section 16. The Bicol Autonomous Regional Government, taking into consideration thegeographical location of the Region and its vulnerability to various natural calamities, shallpromote consciousness, initiate continuous studies and research, and maintain modernobservatories, as well as adequate equipage geared towards disaster preparedness andmitigation responses.

ARTICLE IVDevolution of Powers

The powers devolved to the Bicol Autonomous Region shall be exercised through the RegionalAssembly, the Regional Governor, and the special courts as provided in this Charter.

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ARTICLE VPowers of Government

Section 1. The Bicol Autonomous Regional Government shall exercise powers and functionsnecessary for the proper governance and development of all the constituent units within theBicol Autonomous Region consistent with the constitutional policy on regional and local

autonomy and decentralization: Provided, that nothing herein shall authorize the diminution ofpowers and functions already enjoyed by local government units.

Section 2. The Bicol Autonomous Region is a corporate entity with jurisdiction in all mattersdevolved to it by the Constitution and this Charter as herein enumerated:

1. Administrative organization;

2. Full management and creation of revenues such as collection and distribution;

3. Full management and development of ancestral domains and natural resources;4. Personal, family and property relations;

5. Full management and development of regional, urban and rural areas;

6. Full management and development of economic, social, and tourism potentials andresources;7. Full management and development of educational policies;8. Full management and development of social justice;

9. Preservation and development of culture and the arts;10. Powers, functions and responsibilities now being exercised by the departments of the

National Government except:1. Foreign affairs;2. National defense and security;3. Postal service;4. Coinage, and fiscal and monetary policies;5. Quarantine;

6. Customs and tariff;7. Citizenship;8. Foreign trade covered by international treaties;9. Naturalization, immigration and deportation;10. General auditing, civil service and elections;

11. Maritime, land and air transportation and communications that affect areasoutside the Bicol Autonomous Region;

12. Patents, trademarks, trade names, and copyrights; and

13. Education covered by international regulations and national policies.

Section 3. The Bicol Autonomous Regional Government may exercise all the inherent powersof government.

ARTICLE VIRegional Service Departments and Regional Corporate Authorities

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Section 1. The President of the Republic of the Philippines shall exercise general supervisionover the Bicol Autonomous Regional Government through the Regional Governor to ensure thatnational and regional laws are faithfully executed.

Section 2. The Bicol Autonomous Regional Government shall exercise authority, power,control and supervision over the various social and technical service departments including the

following:

(1) Health;

(2) Finance;(3) Transportation and Communications;(4) Public Works and Highways;(5) Agriculture;(6) Environment and Natural Resources;(7) Social Welfare and Development;

(8) Basic, Technical, Vocational and Higher Education;(9) Labor and Employment;

(10) Science and Technology;(11) Budget;

(12) Tourism;(13) Justice;(14) Trade and Industry;

(15) Interior and Local Government;(16) Energy;(17) Public Information;

(18) Police Command; and(19) Economic Development Authority.

Section 3. The Bicol Autonomous Region shall also have the power to create commissions andcorporate authorities to include but not limited to the following:

(1) Commission on Culture and the Arts;(2) Commission on Indigenous Peoples Affair;(3) Securities and Exchange Commission;(4) Export Processing Authority;

(5) Bicol Ports Authority; and

(6) Public Estates Authority.

ARTICLE VIIThe Legislative Department

Section 1. The Legislative Assembly shall be composed of not more than seventy (70)members including the following:

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1. The respective provincial boards of each of the six (6) provinces as represented by: (a)the Senior Provincial Board Member, (b) the President of Association of BarangayCaptains (ABC), (c) the President of the Sangguniang Kabataan (SK) Federation, (d) thePresident of the Provincial Councilors League, and (e) the three (3) sectoralrepresentatives;

2. City Council of the chartered cities as represented by: (a) the Senior City Councilor, (b)the President of Association of Barangay Captains (ABC), (c) the President of theSangguniang Kabataan (SK) Federation, (d) the President of the City CouncilorsLeague, and (e) the three (3) sectoral representatives;

3. Two (2) representatives from the indigenous peoples of the Region; and4. One (1) representative each from the business, academe, transport, senior citizens and

other sectors as may be determined by the Legislative Assembly.

Immediately upon the first meeting of the regular legislative assembly, it shall formulateguidelines for federating and/or accrediting associations of said sectors and provide guidelinesas to the manner of selecting their representatives. All legislative power is vested therein,except to the extent reserved to the inhabitants by provisions on initiative and referendum asprovided by law.

Section 2. The Regional Assembly may create, divide, merge, abolish or substantially alterboundaries of any district or province in accordance with the criteria laid down by existing law,subject to the approval by the majority of the inhabitants who shall vote in a plebiscite in thepolitical units directly affected. It may also change the names of such local government units,public places and institutions.

Section 3. The Regional Assembly shall approve the budget of the Bicol Autonomous Regionfor each succeeding fiscal year before the end of the current fiscal year. Otherwise, the budgetof the immediately preceding fiscal year shall automatically be reenacted.

Section 4. The Members of the Regional Assembly shall hold office co-terminus with theirelection as Provincial Board Members or as City Councilors of chartered cities.

Voluntary renunciation of the office for which he / she was elected for any length of timeshall not be considered as an interruption in the continuity of his / her service for the full-term forwhich he / she was elected.

Section 5. The Member of the Regional Assembly shall receive an honorarium for each sessionfrom commencement to adjournment as attended, regular or special, which shall be fixed by theRegional Assembly.

Section 6. Any Member of the Regional Assembly who accepts an appointment and qualifies

for any position in the government, including government-owned and controlled corporations ortheir subsidiaries, shall automatically forfeit his / her seat in the Regional Assembly.

Section 7. All Members of the Regional Assembly shall, upon their assumption of office, make afull disclosure of their financial and business interests, including those of their spouse andunemancipated children. They shall notify the Regional Assembly of any potential conflict ofinterest that may arise from the filing of measures of which they are authors.

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Section 8. No Member of the Regional Assembly shall be questioned or be held liable in anyother place for any speech or debate in the Assembly or in any committee thereof.

Section 9. The Regional Assembly shall adopt its own rules of procedure by a majority vote ofall its Members including the selection of members of its standing committees and thesuspension or expulsion of its Members.

A majority of all the Members of the Assembly shall determine a viable quorum to dobusiness, but a smaller number may adjourn from day to day.

The Regional Assembly or any of its committees may conduct inquiries or publicconsultations in aid of legislation in accordance with its rules. The rights of persons appearing inor affected by such inquiries shall be respected.

The Regional Assembly shall keep a Journal of its proceedings and a record of itscaucuses and meetings. The records and books of accounts of the Assembly shall be preservedand be open to public scrutiny. The Commission on Audit shall publish an annual report of theitemized list of expenditures incurred by the Members of the Assembly within sixty (60) daysfrom the end of every regular session.

Section 10. The Regional Assembly may request the presence of the Regional Governor,Regional Secretaries or their deputies, as the rules shall provide, for questioning on mattersfalling within the scope of their responsibilities.

Subject to the rules of the Regional Assembly, the legislative power to inquire on mattersrelating to the exercise of administrative functions by an agency of government within the BicolAutonomous Region shall be in the form of a resolution or motion calling for an inquiry in aid oflegislation.

Section 11. Except as provided by its rules, the Regional Assembly shall meet in open session.Regular session shall commence on the 4 th Monday of August and shall henceforth meet everyother month thereafter on a schedule to be determined by the Regional Assembly.

The Regional Assembly may meet in special sessions at the request of one-third (1/3) ofall its Members or by call of the Regional Governor.

Section 12. No bill of a regional application shall be passed unless it has gone through three (3)readings on separate days, and printed copies thereof in its final form have been distributed tothe Members of the Regional Assembly three (3) days before its passage, except when theRegional Governor certifies to the necessity of its immediate enactment to meet a publiccalamity or emergency.

Section 13. Every bill passed by the Regional Assembly, shall, before it becomes a law, bepresented to the Regional Governor. If he / she approves the same, he / she shall sign it;otherwise, if he / she finds the bill objectionable on policyor on other grounds, he / she shallveto it and return it with the objections to the Regional Assembly, which shall enter theobjections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of all Members of the Regional Assembly shall agree to pass the bill, it shall becomea law. In all such cases, the vote shall be determined by yes or no, and the names of theMembers voting for or against shall be entered in the Journal. The Regional Governor shall

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communicate his / her veto of any bill to the Regional Assembly within thirty (30) days after thedate of receipt thereof; otherwise, it shall pass into law.

All bills after signing into law shall be published in at least two (2) newspapers of generalcirculation in the region at least fifteen (15) days before or prior to the effectivity date.

Section 14. The Chairman of the Regional Assembly shall, within ten (10) working days fromapproval thereof, submit to the President of the Republic of the Philippines and to both Housesof Congress a certified true copy of all laws and resolutions approved by the RegionalAssembly.

ARTICLE VIIIThe Executive Department

Section 1. The executive power shall be vested in the Regional Governor who shall be elected

at large by direct vote of the inhabitants of the Bicol Autonomous Region, who shall serve for 3years subject to re-election for two (2) more terms.

Section 2. The Regional Governor shall be assisted by the Regional Secretaries.

The Regional Secretaries must be registered voters and inhabitants of the Region for atleast three (3) years immediately preceding their appointment.

The Regional Governor shall appoint the Regional Secretaries subject to confirmation bythe Regional Assembly.

Section 3. No person may be elected Governor of the Bicol Autonomous Region unless he /

she is a natural-born citizen of the Philippines, a registered voter therein, at least a collegedegree holder, not less than thirty-five (35) years of age on the day of the election, and aresident of the Bicol Autonomous Region for at least three (3) years immediately preceding theelection, and must possess the qualifications and none of the disqualifications as provided inthis Charter.

Section 4. The Regional Vice-Governor shall be the Presiding Officer of the Regional Assemblyof the Bicol Autonomous Region who shall have the same qualifications and term of office andbe elected with and in the same manner as the Regional Governor. The Regional Vice-Governor shall succeed the Regional Governor in case of the latters permanent incapacity,resignation, death or removal from office: Provided, that if the incapacity or the absence istemporary, the Regional Vice-Governor assumes office in an acting capacity.

Section 5. Term of office of the Regional Governor and the Regional Vice-Governor of the BicolAutonomous Regional Government shall be as follows:

(1) The term of office of the Regional Governor and Regional Vice-Governor shall be fora period of three (3) years which shall begin at noon on the 1st day of July following the day ofthe election and shall end at noon of the same date three (3) years thereafter.

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(2) No Regional Governor or Regional Vice-Governor shall serve for more than three (3)consecutive terms. Voluntary renunciation of or removal from office for any length of time shallnot be considered an interruption in the continuity of the service for the full term for which he /she was elected.

Section 6. Before they enter on the execution of their office, the Regional Governor and theVice-Governor shall take the following oath or affirmation: "I do solemnly swear (or affirm) that Iwill faithfully and conscientiously fulfill my duties as Governor (or Vice-Governor) of the BicolAutonomous Regional Government, preserve and defend the Constitution of the Republic, theCharter of Bicol Autonomous Region, and the national and regional laws, do justice to everyman, and consecrate myself to the service of the Bicol Autonomous Region and the nation. Sohelp me God."

Section 7. Unless otherwise provided by Congress, the annual compensation of the RegionalGovernor and Regional Vice-Governor shall be determined by the Regional Assembly. Theyshall not receive during their tenure any other emoluments from the Government.

Section 8. The Regional Governor shall be provided with reasonable living arrangements andallowances to be determined by the Regional Assembly.

Section 9. In case of death, permanent disability, removal from office or the resignation of boththe Regional Governor and the Regional Vice-Governor, a special election shall be called forthe purpose: Provided, that the remaining term shall not be less than one year. Within forty-eight (48) hours of such vacancies, the Regional Assembly shall convene without need of noticeto elect from among the members an Acting Governor who shall serve as caretaker of the BicolAutonomous Regional Government until such time as the Regional Governor and RegionalVice-Governor are elected and qualified. Provided, further, that such period should not exceedninety (90) days. However, in the event that a special election cannot be held, the caretakershall remain in office until the next regular election. Said special election shall be administeredby the Commission on Elections.

Section 10. The Regional Governor or the Regional Vice-Governor may be removed from officein accordance with existing laws.

Section 11. The Regional Governor or the Regional Vice-Governor may be recalled onceduring his / her term of office for loss of confidence.

The Regional Assembly shall provide the procedure and system whereby such recallcan be made: Provided, that no recall shall take place within one year from the date of theofficial's assumption of office or one year immediately preceding a regional election.

Section 12. The Regional Governor and Regional Vice-Governor and the Regional Secretariesshall not, during their tenure, directly or indirectly, practice any other profession, participate inany business, or be financially interested in any contract with, or in any franchise, or specialprivilege granted by the Government or any subdivision, agency, or instrumentality thereof,including government-owned and controlled corporations or their subsidiaries. They shallstrictly avoid conflicts of interest in the conduct of their office.

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The spouse and relatives by consanguinity or affinity within the 4th civil degree of theRegional Governor, the Regional Vice-Governor, and the Regional Secretaries, and theirdeputies shall not, during their tenure, be appointed chairmen of regional commissions, orheads of bureaus or offices, including government-owned and controlled corporations or theirsubsidiaries located in the Bicol Autonomous Region.

Section 13. The Acting Governor shall not issue any appointment during the ninety (90) daysperiod. Provided that, if no special election is held, any necessary appointments certified by theRegional Assembly issued by the Acting Governor within the periods allowed by law shall be inan ad interim capacity, until either revoked or affirmed by the duly elected Regional Governorafter assumption to office.

Section 14. The Regional Governor shall not issue appointments, remove personnel, or unlessauthorized by the Commission on Elections, undertake public works projects, within theprohibited period before and after a regional election as provided by law.

Section 15. The Regional Governor shall appoint, in addition to the Regional Secretaries, theirdeputies, the chairmen and members of the commissions and the heads of bureaus of the BicolAutonomous Regional Government, and those whom he / she may be authorized by regionallaw to appoint. The Regional Assembly may, by law, vest the appointment of other officers orofficials lower in rank in the heads of departments, agencies, commissions, or boards.

Section 16. Subject to the exceptions provided for in this Charter, the Regional Governor shallhave control of all the regional executive commissions, boards, bureaus, and offices. He / sheshall ensure that the laws be faithfully executed. The Regional Governor shall coordinate withthe local government units within the Bicol Autonomous Region: Provided, however, thatnothing herein shall authorize the diminution of powers and functions already enjoyed by localgovernment units.

Section 17. Submission of Detailed Statements of Income and Expenditures:

(1) The Regional Governor shall submit to the Regional Assembly not later than two (2)months before the beginning of every regular session, as the basis of the regionalappropriations bill, a budget of expenditures and sources of financing, including receiptsfrom existing and proposed revenue measures.

The fiscal year of the Bicol Autonomous Region shall cover the period July 1 toJune 30.

(2) The Regional Assembly shall not increase the appropriations recommended by theRegional Governor for the operation of the Autonomous Government as specified in the

budget. The form, content and manner of preparation of the budget shall be prescribedby regional law.

(3) No provision or enactment shall be embraced in the regional appropriations billunless it relates specifically to some particular appropriation therein. Any such provisionor enactment shall be limited in its operation to the appropriation to which it relates.

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(4) The procedure in approving appropriations for the Regional Assembly shall strictlyfollow the procedure for approving appropriations for other departments and agencies ofthe Bicol Autonomous Regional Government.

(5) A special appropriations bill shall specify the purpose for which it is intended, andshall be supported by funds actually available as certified by the Regional Treasurer, or

to be raised by a corresponding revenue proposal therein.

(6) The Regional Governor, by authority of the regional assembly, may augment or re-align the appropriations of any item of his / her budget for his / her office from savingswithin the same expense classification of the current fiscal year.

(7) Discretionary funds appropriated for particular officials shall be disbursed only forpublic purposes to be supported by appropriate vouchers and subject to such guidelinesas may be prescribed by the regional law.

Section 18. If, by the end of the fiscal year, the Regional Assembly shall have failed to pass theregional appropriations bill for the ensuing fiscal year, the Regional Appropriations Act for theimmediately preceding fiscal year shall be deemed automatically reenacted and shall remain inforce and in effect until the regional appropriations bill is passed by the Regional Assembly.

Section 19. The Regional Governor shall have the power to veto any particular item or items inan appropriation or revenue bill, but the veto shall not affect the item or items to which he / shedoes not object. The veto may be overridden by the Regional Assembly by a vote of two-thirds(2/3) of all its Members.

Section 20. Remittance, safekeeping, and disposition of funds:

(1) No money shall be paid out of the Regional Treasury except in pursuance of an

appropriation made by regional law.

(2) All money collected on any regional tax levied for a special purpose shall be treatedas a special fund and paid out for such special purpose only. If the purpose for which aspecial fund was created has been fulfilled or abandoned, the balance, if any, shallaccrue to the general funds of the Bicol Autonomous Regional Government.

(3) No funds or resources shall be disbursed unless duly approved by the RegionalGovernor or by his / her duly authorized representative.

(4) Trust funds shall only be paid out of the Regional Treasury upon fulfillment of thespecific purpose for which said funds were created or received.

Section 21. The Regional Governor shall inform the Regional Assembly every quarter on theconduct of regional affairs and the state of regional finances.

Section 22. The financial accounts of revenues and expenditures of the Bicol AutonomousRegion shall be audited by no less than three (3) private accounting firms which are accreditedwith the Commission on Audit and determined by the Regional Assembly. If the findings of thethree (3) corroborate each other, the findings are conclusive, but if there are differences

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between or among them, the report shall be submitted to the Commission on Audit for finaldetermination.

The financial accounts of the Bicol Autonomous Region, including all payments from thereserve fund, shall be submitted by the Regional Governor to the Regional Assembly, togetherwith the statement of audit prepared by the Commission on Audit within ten (10) working days

from receipt thereof.

Section 23. The Regional Governor shall address the Regional Assembly at the opening of itsregular session. He / she may also appear before it at any time. The Regional Assembly mayinvite the President of the Republic of the Philippines and other government officials to addressit.

ARTICLE IXAdministration of Justice

Section 1. The Supreme Court, the Court of Appeals, and other courts established by law shallcontinue to exercise their judicial powers as provided by the Constitution and national laws.

Section 2. There is hereby created a Regional Appellate Court which shall have jurisdictionover all cases within the territory of the Bicol Autonomous Region.

Section 3. The Regional Appellate Court shall be composed of one (1) Presiding Justice andsix (6) Associate Justices. Any vacancy shall be filled within ninety (90) days from theoccurrence thereof.

Section 4. Justices and members of the Regional Appellate Court:

(1) The Justices of the Regional Appellate Court shall possess the same qualification asthose of the Justices of the Court of Appeals and who shall exercise their authoritiessubject to the provisions of the Constitution.

(2) The members of the Regional Appellate Court shall be appointed by the President ofthe Republic of the Philippines from a list of at least three (3) nominees prepared by theJudicial and Bar Council. The nominees shall be chosen from a list of recommendeessubmitted by the Regional Assembly. Such appointments need no confirmation.

Section 5. The Regional Appellate Court shall have the following powers:

(1) Exercise concurrent original jurisdiction with the Court of Appeals over petitions forcertiorari, prohibition, mandamus, habeas corpus, and other auxiliary writs andprocesses in aid of its appellate jurisdiction; and

(2) Exercise exclusive appellate jurisdiction over all cases tried in the lower courts withinthe Bicol Autonomous Region.

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Section 6. The decisions of the Regional Appellate Court may be raised on a motion forreconsideration to the Court of Appeals en banc; thereafter the same may be raised on petitionfor certiorari or appeal to the Supreme Court. However, nothing herein contained shall affect theoriginal and appellate jurisdiction of the Supreme Court as provided in the Constitution.

Section 7. The Presiding Justice and Associate Justices of the Regional Appellate Court shall

serve until they reach the age of seventy (70), unless sooner removed for cause in the samemanner as Justices of the Court of Appeals or they become incapacitated to discharge theduties of their office.

Section 8. The Presiding Justice and Associate Justices of the Regional Appellate Court shallreceive the same compensation and enjoy the same privileges as the Presiding Justice andAssociate Justices of the Court of Appeals, respectively.

Section 9. Appointments to the Regional Appellate Court:

(1) The Supreme Court shall, upon recommendation of the Presiding Justice of theRegional Appellate Court, appoint the court administrator and clerk of court of saidAppellate Court. Such other personnel as may be necessary for the Regional AppellateCourt shall be appointed by the Presiding Justice of said court.

(2) The pertinent provisions of existing law regarding the qualifications, appointment,compensation, functions, duties and other matters relative to the personnel of the Courtof Appeals shall apply to those of the Regional Appellate Court.

Section 10. The Members of the Regional Appellate Court established by law shall not bedesignated to any agency performing quasi-judicial or administrative functions.

Section 11. The official seat of the Regional Appellate Court shall, unless the Supreme Court

decides otherwise, be located in the seat of the Bicol Autonomous Regional Government.

Section 12. Proceedings in the Regional Appellate Court and in the lower courts as establishedin the Bicol Autonomous Region shall be governed by the Rules of Court or such special rulesas the Supreme Court may promulgate.

Section 13. The Regional Trial Courts, Metropolitan Trial Courts in cities, Municipal TrialCourts, and Municipal Circuit Trial Courts created under existing laws shall continue to functionas provided therein.

Section 14. There shall be a special small claims court to adjudicate controversies involvingmoney claims of not more than Five Thousand pesos (Php 5,000.00) or misdemeanors

punishable by imprisonment of not more than thirty (30) days.

Said small claims court shall be presided over by a judge appointed by the SupremeCourt who shall be assisted by a jury of inhabitants of the territory under the jurisdiction of thesaid court.

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The Supreme Court shall prescribe the rules of proceedings in said courts and themanner of selection of the members of the jury. The members of the jury shall receiveremuneration on a per session basis to be determined by the Supreme Court.

ARTICLE XRegional Elections

Section 1.Other than thequalifications specified for elective regional officials, the following arethe grounds for the disqualification of candidates for Regional Governor and Regional Vice-Governor:

(1) Related to an incumbent or immediately past national and local elective official withinthe 4th civil degree of consanguinity or affinity; or

(2) Is formally charged in tribunal or court of law for any election related and / orpolitically motivated violence: Provided, that candidates may be qualified to run for

these positions after the judicial dismissal of all criminal charges; or(3) Is incapable of personally discharging the duties of his / her office in the seat of theBicol Autonomous Regional Government by reason of conviction for a non-bailableoffense by a lower court even if the same is pending review by the Supreme Court:Provided, that if the Supreme Court reverses such conviction, the candidate shall bequalified to run in the next regional elections.

Section 2. The regular regional elections shall be synchronized with the local and nationalelections.

Section 3. Political Dynasty

(1) Definition The concentration, consolidation or perpetuation in public office andpolitical power of persons related to one another.

(2) Political Dynasty Relationship exists when a person who is the spouse of or arelative within the 4th civil degree of consanguinity or affinity of an incumbent elective officialholds or runs for an elective office simultaneously with the incumbent elective official whethernational or within the political territory of the Bicol Autonomous Region and/or occupies thesame office immediately after the term of office of the incumbent elective official. A politicaldynasty shall also be deemed to exist where two (2) or more persons who are spouses or whoare related to each other within the 4th civil degree of consanguinity or affinity run simultaneouslyfor elective public office within the same political territory, even if neither is so related to an

incumbent elective official.

A dynastic relation also exists when an incumbent or a candidate lives with another ashusband and wife without the benefit of a valid marriage, the existence of which, for the purposeof determining dynastic relation, shall be ascertained by the Commission on Elections in asummary proceeding.

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ARTICLE XIFiscal Autonomy

Section 1. The Bicol Autonomous Region shall have the power to create its own sources ofrevenues, subject to such guidelines and limitations as the Constitution and this Charter mayprovide, consistent with the basic policy of local autonomy. It shall have a right to retain eighty

percent (80%) of all national taxes imposed in the Bicol Autonomous Region. Moreover, it shallalso have a right retain eighty percent (80%) of the total income derived from the utilization ofnatural resources located in the Bicol Autonomous Region. Such revenues shall accrue to thegeneral fund of the Bicol Autonomous Regional Government.

Section 2. In enacting revenue-raising measures, the Regional Assembly shall observe theprinciple of equity, shall not impose excessive and confiscatory taxes, fees and charges andshall ensure that such measures have uniform application.

The Regional Assembly shall not revoke or amend, directly or indirectly, any city ormunicipal ordinance imposing taxes or fees on purely local businesses.

No tax imposition or assessment shall be levied or charged upon goods or merchandisecoming into, going out of, or passing through the Bicol Autonomous Region to other places ofthe Philippines, and vice versa.

Section 3. All corporations, partnerships, and other business entities, or any branch thereof,directly engaged in business in the Bicol Autonomous Region shall pay through the BicolAutonomous Regional Government that portion of their annual income tax corresponding to thenet income generated from businesses operating within the Bicol Autonomous Region, incometax payments from which, shall be deductible from their total corporate income tax liabilities.

All corporations, partnerships or business entities directly engaged in business in the

Bicol Autonomous Region shall pay their corresponding taxes, fees, and charges in theprovince, city, or municipality where the establishment is doing business.

The Bicol Regional Assembly shall enact a local tax code.

Section 4. The sources of revenues of the Bicol Autonomous Region shall include, but are notlimited to, the following:

(1) Taxes imposed by the Bicol Autonomous Regional Government;

(2) Fees and charges imposed by the Bicol Autonomous Regional Government;

(3) Appropriations, internal revenue allotments and other budgetary allotments from theNational Government;

(4) Taxes, fees or charges for the registration of motor vehicles, and for the issuance ofall kinds of licenses, or permits for the driving thereof, except tricycles which shall beregistered with the municipality, or the city within whose territorial boundaries theyoperate;

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(5) Shares in revenues generated from the operations of public utilities within the BicolAutonomous Region; and

(6) Block grants derived from economic agreements or conventions authorized by theBicol Autonomous Region, donations, endowments, foreign assistance, and other formsof aid, subject to the Constitution and national policies.

Section 5. The total collection of a province or city from national internal revenue taxes, feesand charges, and taxes imposed on natural resources, shall be distributed as follows:

(a) Forty percent (40%) to the Local Government Units to be shared as follows: 23% tothe cities, 23% to the province, 34% to the municipalities, and 20% to the barangays

(b) Forty percent (40%) to the Bicol Autonomous RegiUonal Government; and

(c) Twenty percent (20%) to the National Government.

Section 6. Subject to the Constitution and national policies, the Bicol Autonomous RegionalGovernment shall evolve a system on economic agreements and trade compacts to generateblock grants for regional investments and improvements of regional economic structures. Theseeconomic agreements shall be authorized by regional legislation or by executive agreement.Pursuant to specific recommendations from the Regional Planning and Development Board, theBicol Autonomous Regional Government shall assist local government units in theirrequirements for counterpart funds for foreign assisted projects.

Section 7. Donations or grants to the Bicol Autonomous Regional Government exclusively tofinance, to provide for, or to be used in undertaking projects in education, health, youth, cultureand the arts, and in economic development, shall be tax deductible in full in determining theincome tax liabilities of the donor or grantor.

Section 8. The Regional Assembly may grant exemptions from regional taxes, only with theconcurrence of a majority of all the Members of the Regional Assembly.

Section 9. The Bicol Autonomous Regional Government shall have the power to contractforeign and domestic loans subject to the approval of the Regional Assembly. Foreign loanscontracted shall be without need of sovereign guarantee.

ARTICLE XIIAncestral Domain, Ancestral Lands and Agrarian Reform

Section 1. Subject to the Constitution and national policies, the Bicol Autonomous RegionalGovernment shall undertake measures to protect the ancestral domain and the ancestral landsof indigenous cultural communities.

All lands and natural resources in the Bicol Autonomous Region that have beenpossessed or occupied by indigenous cultural communities since time immemorial, except whenprevented by war, force majeure, or other forms of forcible usurpation, shall form part of the

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ancestral domain. Such ancestral domain shall include pasture lands, worship areas, burialgrounds, forests and fields, mineral resources, except those lands of the public domainspecifically mentioned in the Constitution.

Section 2. The constructive or traditional possession of lands and resources by an indigenouscultural community may also be recognized subject to judicial affirmation, the petition for which

shall be instituted within a period of ten (10) years from the affectivity of this Charter. Theprocedure for judicial affirmation of imperfect titles under existing laws shall, as far aspracticable, apply to the judicial affirmation of titles to ancestral lands.

The foregoing provisions notwithstanding titles secured under the Torrens system, andrights already vested under the provisions of existing laws shall be respected.

Section 3. As used in this Charter, the phrase "indigenous cultural community" refers to Filipinocitizens residing in the Bicol Autonomous Region who are tribal peoples whose social, culturaland economic conditions distinguish them from other sectors of the national community andwhose status is regulated wholly or partially by their own customs or traditions or by speciallaws or regulations.

Section 4. The customary laws, traditions, and practices of indigenous cultural communities onland claims and ownership and settlement of land disputes shall be implemented and enforcedamong the members of such community.

Section 5. The Bicol Autonomous Regional Government shall require corporations, companiesand other entities within the ancestral domain of the indigenous cultural communities whoseoperations adversely affect the ecological balance and indigenous peoples rights to take thenecessary preventive measures and safeguards in order to maintain such a balance.

Section 6. Unless authorized by the Regional Assembly, lands of the ancestral domain titled to

or owned by an indigenous cultural community shall not be disposed of to nonmembers.

Section 7. No portion of the ancestral domain shall be open to resettlement by nonmembers ofthe indigenous cultural communities.

Section 8. Subject to the Constitution and national policies, the Regional Assembly shall enactan Agrarian Reform Law suitable to the special circumstances prevailing in the BicolAutonomous Region.

Section 9. The Bicol Autonomous Regional Government shall promote and protect thedevelopment and utilization of indigenous knowledge system (IKS).

ARTICLE XIIIUrban and Rural Planning and Development

Section 1. The Bicol Autonomous Regional Government shall promote and formulatecomprehensive and integrated regional urban and rural development policies, plans, programsand projects responsive to the needs, aspirations and values of the inhabitants of the Region.

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Section 2. Immediately after its organization, the Bicol Autonomous Regional Government shallinitiate, formulate and implement special development programs and projects, responsive to theparticular aspirations, needs and values of the indigenous cultural communities.

Section 3. The Bicol Autonomous Regional Government shall provide equitable opportunitiesfor the development of every province, city, municipality and barangaywithin its jurisdiction and

shall strengthen their existing planning bodies to ensure wider public participation.

Section 4. Consistent with the Constitution and national policies, and subject to ecologicalconsiderations, the Bicol Regional Government shall adopt and implement a comprehensiveurban land reform and land use program, to ensure the just, efficient and sustainable utilizationof lands within its jurisdiction.

Section 5. There is hereby created a Regional Planning and Development Board which shall bechaired by the Regional Governor. It shall be composed of Provincial Governors, Mayors ofCharted cities, two (2) members of the Bicol Regional Assembly to be designated by theRegional Governor, and such other members as may be prescribed by the Regional Assemblywho shall be chosen from among the members of the following sectors:

(1) business and industry;(2) farming;

(3) fisher folks;

(4) transportation;(5) religious;(6) youth;

(7) women;(8) senior citizens;(9) professionals;(10) academe; and

(11) other marginalized sectors

The Board shall serve as the planning, monitoring and coordinating agency for theBicol Autonomous Region. It shall identify, evaluate, and recommend to the Regional Assemblythe annual work programs and comprehensive development plans of the Bicol AutonomousRegion, to ensure their proper implementation.

The Board shall formulate a Magna Carta to serve as the master plan for a systematic,progressive, sustainable and total development of the Bicol Autonomous Region.

ARTICLE XIVEconomy and Patrimony

Section 1. Consistent with the Constitution and national policies, the Bicol AutonomousRegional Government may enact regional laws pertaining to the national economy andpatrimony applicable and responsive to the needs of the Region. However, nothing herein shallbe construed as to authorize the Bicol Autonomous Regional Government to require lesser

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standards respecting the protection, conservation and enhancement of the natural resourcesthan those required by the National Government.

Section 2. The full control, regulation and supervision over the exploration, utilization anddevelopment of the natural resources in the Bicol Autonomous Region is hereby delegated tothe Bicol Autonomous Regional Government. The appropriate share of the local government

and community shall be determined by the Regional Assembly.

The Regional Assembly shall formulate policies for the grant of franchises and concessions.

Section 3. The exploration, development and utilization of natural resources shall be allowed toall Filipinos and to private enterprises, including corporations, associations, cooperatives, andsuch other similar collective organizations.

Section 4. The exploration, development, and maintenance of all energy generating facilitieswithin the Region, shall be within the direct control of the Bicol Autonomous RegionalGovernment.

Considering the principle of territoriality, the Bicol Autonomous Regional Governmentshall ensure that communities affected by these energy generating facilities shall enjoy greaterbenefits in terms of lower cost and socio-economic benefits.

Section 5. Mining shall be regulated by the Bicol Autonomous Regional Government inaccordance with the Regional Mining Law to be enacted by the Bicol Autonomous RegionalAssembly.

Section 6. The Bicol Autonomous Regional Government may, in the interest of regional welfareand security, establish and operate pioneering utilities. Upon payment of just compensation, itmay transfer the ownership of such utilities to cooperatives or other collective organizations.

Section 7. The Regional Assembly shall enact laws for the just compensation, rehabilitation,relocation, and other similar measures of inhabitants adversely affected in the harnessing ofnatural and mineral resources in the Region.

The Regional Assembly shall likewise provide for the rehabilitation of the areas affectedby said harnessing of natural and mineral resources in the Region.

Section 8. The Bicol Autonomous Regional Government shall actively and immediately pursuereforestation measures for environmental protection and sustainability.

Section 9. The Bicol Autonomous Regional Government shall prohibit the dumping of

hazardous waste coming from outside the region.

Section 10. The Bicol Autonomous Regional Government shall provide incentives, including taxholidays, for investors in businesses that will contribute to the development of the Region.

Section 11. The Bicol Autonomous Regional government shall encourage and promote socialentrepreneurship and corporate social responsibility.

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Section 12. The Bicol Autonomous Regional Government shall prioritize the establishment oftransportation and communications facilities for the economic development of the Regionspecifically the modernization of railways connecting all the provinces of the Region to the restof Luzon.

Section 13. The Bicol Autonomous Regional Government shall ensure the total electrification of

the Region.

Section 14. The Bicol Autonomous Regional Government is hereby encouraged to createSpecial Economic Zones (SEZ) for pioneering firms and other business entities needed to boosteconomic development in the Region.

Agriculture, Fisheries and Aquatic Resources

Section 15. The Bicol Autonomous Regional Government shall recognize, promote and protectthe rights and welfare of farmers, farm workers, fishermen, fisher folks and fishery-relatedworkers, and their cooperatives and associations.

Section 16. The Bicol Autonomous Regional Government shall encourage agriculturalproductivity and promote a diversified and organic farming system.

Section 17. The Bicol Autonomous Regional Government shall give top priority to theconservation, protection, utilization and development of soil and water resources for agriculturalpurposes.

Section 18. The Regional Assembly shall enact a Regional Aquatic and Fisheries Code whichshall provide for the enhancement, development, conservation and protection of marine andaquatic resources, and shall ensure the protection of the rights of marginalized fishermen to thepreferential use of communal marine and fishing resources, including seaweeds. This protection

shall extend to offshore fishing grounds, up to and including all waters twelve (12) nautical milesfrom the coastline of the Bicol Autonomous Region but within the territorial waters of thePhilippines, regardless of depth, the seabed and the subsoil that are included between two (2)lines drawn perpendicular to the general coastline from points where the boundary lines of theBicol Autonomous Region touch the sea at low tide and a third line parallel to the generalcoastline.

Further, it shall provide support to marginalized fishermen through appropriatetechnology and research, adequate financial, production and marketing assistance and otherservices.

Fish workers shall also receive a just share for their labor in the utilization of marine and

fishing resources.

Science, technology and other disciplines shall be developed and employed to protectand maintain aquatic and marine ecology.

Trade and Industry

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Section 19. The Bicol Autonomous Regional Government recognizes the private sector as theprime mover of trade, commerce and industry. It shall encourage and support entrepreneurialcapability in the Region and shall recognize, promote and protect cooperatives.

Section 20. The Bicol Autonomous Regional Government shall promote and protect small andmedium-scale cottage industries by providing assistance such as marketing opportunities,

financial support, tax incentives, appropriate and alternative technology and technical training toproduce semi-finished and finished products.

Identify, support, develop, and promote thelocal products of each province of the BicolAutonomous Region, thereby strengthening the Regional economy.

Section 21. The Bicol Autonomous Regional Government shall give support andencouragement to the establishment of banks under the supervision of the central monetaryauthority of the National Government.

Section 22. Subject to national policies, the Bicol Autonomous Regional Government shallregulate traditional barter trade and counter trade with neighboring countries.

Section 23. The Bicol Autonomous Regional Government shall encourage, promote, undertakeand support the establishment of economic zones, industrial centers and ports in strategic areasand growth centers of the Region to attract local and foreign investments and businessenterprises.

Section 24. The Bicol Autonomous Regional Government shall undertake measures to promoteconsumer education and to ensure that the rights, interests and welfare of the consumers areprotected.

Section 25. The Bicol Autonomous Regional Government shall promote the preferential use of

labor and locally produced goods and materials by adopting measures to increase theircompetitiveness.

Section 26. Subject to the Constitution and national policies, the Bicol Autonomous RegionalGovernment shall regulate and exercise authority over foreign investments within its jurisdictionin accordance with its goals and priorities.

Tourism Development

Section 27. The Bicol Autonomous Regional Government shall, with the assistance of theNational Government and the participation of the private sector, develop tourism as a positiveinstrument towards accelerated regional development. Tourism development shall promote

greater pride in and commitment to the nation: Provided, that the diverse cultural heritage, andmoral and spiritual values of the people in the Bicol Autonomous Region shall be primarilyconsidered and respected.

ARTICLE XVPublic Order and Security

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Section 1. The Bicol Autonomous Regional Government shall give priority to the maintenanceand preservation of peace and order and the protection of life, liberty and property in the BicolAutonomous Region, in consonance with the provisions of the Constitution.

Section 2. The Regional Assembly shall, by law, create a Bicol Regional Police as an integralpart of the Philippine National Police under the administration and control of the National Police

Commission. It shall be headed by a Regional Police Director with two Deputy Directors, whoshall all be inhabitants of the Bicol Autonomous Region.

Section 3. The defense and security of the Bicol Autonomous Region shall be the responsibilityof the National Government.

Section 4. The provisions of the preceding sections notwithstanding, the Regional Governormay request the President of the Philippines to call upon the Armed Forces of the Philippines:

(1) To prevent or suppress lawless violence, invasion or rebellion, when the public safetyso requires, in accordance with the provisions of the Constitution;

(2) To suppress the danger to or breach of peace in the area of autonomy, when thepolice forces of the Bicol Autonomous Region are not able to do so; or

(3) To avert any imminent danger to public order and security in the area of autonomy.

Section 5. The Bicol Autonomous Regional Government shall recognize indigenous structuresor systems which promote peace and order.

ARTICLE XVI

Education, Science and Technology, Arts and Sports

Section 1. The Bicol Autonomous Region shall establish, maintain and support a complete andintegrated system of quality education and adopt an educational framework that is meaningful,relevant and responsive to the needs, ideals and aspirations of the inhabitants of the Region.

Educational Policies

Section 2. Consistent with the basic state policy on education, the Bicol Autonomous Regionshall adopt the following educational policies and principles:

(1) Education in the Bicol Autonomous Region shall be committed to the total spiritual,

intellectual, social, cultural, scientific and physical development of man.

(2) All schools in the Bicol Autonomous Region shall inculcate patriotism andnationalism, appreciation of the role of national and regional heroes in the historicaldevelopment of the country and region, foster love of humanity, respect for humanrights, programs in values formation, and shall teach the rights and duties of citizenship,among the inhabitants of the Region in order to promote, develop and enhance unity indiversity;

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(3) The thrust, programs and administration of formal, non-formal, vocational andtechnical, and special education shall be supported and made relevant to the manpowerneeds of the Region;

(4) In view of the above cited provisions, the Bicol Autonomous Regional Governmentshall provide for an effective means of recruitment of teachers based on merit, ranking

system that would cut across culture, sex, and age;

(5) A sustained system of continuous educational program shall be established forteachers that will provide them with all the opportunities and support for their academicand professional upgrading;

(6) A system of scholarship programs, grants, student loans, subsidies and otherincentives shall be made available to all poor but deserving students;

(7) The active participation of home, community, religious organizations and othersectors in the total educative process of the child shall be encouraged and supported;

(8) The Bicol Autonomous Regional Government considering the cultural and lingualidentity of its inhabitants shall undertake the following:

(a) Establish a Regional Language which shall be known as the Bicol Language,which shall be chosen from among the different dialects in the Region based onpopular use and territorial coverage;

(b) Make use of Filipino and English as media of instruction in all schools in theRegion, while Bicol Language shall be made an auxiliary medium of instructionwithout prejudice to other Bicol dialects;

(c) Make the Bicol Language a compulsory subject in all curricula for all students inall schools in the Region;

(d) Encourage the publication of textbooks and reference materials in the BicolLanguage in all year levels. Diglot presentations may be given special preference;

(e) Use of the Bicol Language in national examinations to be conducted in the BicolAutonomous Region particularly in, but not limited to, Civil Service, NationalSecondary Assessment Test (NSAT), National Career Assessment Examination(NCAE).

(9) The Bicol Autonomous Regional Government shall recognize the participation of

private institutions both sectarian and nonsectarian institutions of learning, in providingquality education to the inhabitants of the Region.

(10) Unless otherwise provided by regional law, the Bicol Autonomous RegionalGovernment may implement a four-year primary and a two-year intermediate education;four-year secondary education and a four-year or more college education as establishedby the Regional Basic, Technical, Vocational and Higher Education Department.

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(11) The Bicol Autonomous Regional Government shall provide free basic educationand socialized tuition fee scheme for all state colleges and universities in the Region andfurthermore provide subsidies and loans for poor but deserving students enrolled inprivate higher education institutions as well as in vocational and technical courses.

Section 3. The regional educational system shall develop curricula that are relevant to the

economic, social, political, cultural, moral and spiritual needs of the inhabitants of the Region.

Educational Structure

Section 4. The Regional Assembly may, by law, create, support and maintain a RegionalDepartment of Basic, Technical, Vocational and Higher Education, and shall define its powers,functions and composition.

Section 5. State colleges and universities within the Bicol Autonomous Region shall enjoyacademic freedom and fiscal autonomy and shall continue to be governed by their respectivecharters: Provided, that the Regional Secretary of the Department and/or his/her representativeshall be a member of the governing boards of state colleges and universities in the BicolAutonomous Region.

Section 6. All state colleges and universities in the Bicol Autonomous Region shall assist andsupport the full development of the people and shall serve as regional centers for tertiary andpost graduate education in their respective areas of competence.

Section 7. The Regional Assembly may support all the existing state university systems subjectto its rules within the Bicol Autonomous Region.

Section 8. The Regional Assembly shall ensure that adequate educational facilities andstructures are amply provided for the effective implementation of its educational policies.

Science and Technology

Section 9. Science and technology are recognized as essential to national and regionalprogress and development.

Section 10. The Regional Assembly shall enact laws that shall:

(1) Give priority to culture and the arts, science, research, inventions, technology,education, and their development and utilization;

(2) Provide incentives, including tax deductions and funding assistance, and encourage

private participation in basic and applied scientific researches;

(3) Regulate the transfer and promote the adoption of technology from all sources fornational and regional benefit;

(4) Secure and protect the exclusive rights of scientists, inventors, scholars, writers,artists and other gifted citizens to their intellectual properties; and

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(5) Introduce the full and effective participation of all sectors in planning, programming,coordination and implementation of scientific and technological researches and theacquisition, adoption, innovation and application of science and technology fordevelopment.

Physical Education and Sports Development

Section 11. The educational system shall develop and maintain an integrated andcomprehensive physical education program. It shall develop healthy, disciplined, creative,innovative, productive individuals, and promote the spirit of sportsmanship, cooperation,teamwork, goodwill and understanding.

Section 12. The system shall encourage and support sports programs, league competitions,indigenous games, martial arts and amateur sports, including training for regional, national andinternational competitions.

Regional Cultural Heritage

Section 13. The cultural heritage of the people of the Bicol Autonomous Region shall be anintegral component of the regional development.

Section 14. The Bicol Autonomous Regional Government shall recognize, respect, protect,preserve, revive, develop, promote and enhance the culture, customs, traditions, beliefs andpractices of the inhabitants of the area of autonomy. It shall encourage and undertake therecovery, collection, collation and restoration of historical and cultural properties for posterity.

Section 15. A Regional Commission on Culture and the Arts shall be created to plan, initiate,implement and monitor cultural programs, projects and activities that shall institutionalize thepreservation and enhancement of the positive elements of the indigenous culture of the

inhabitants of the Bicol Autonomous Region. It shall coordinate with other concerned agenciesengaged in similar and related activities.

Section 16. The Regional Commission on Culture and the Arts shall:

(1) Promote the use, study and preservation of the Bicol Language throughcurriculum development in all levels of education, and its implementation;(2) Integrate literary patrimony of the Bicol Culture such as music, poetry, storiesand epics in academic lessons in all levels;

(3) Encourage the use of the Bicol Language in all forms of literary arts, publication,and music as an alternative medium for writers and artists; and

(4) Establish and maintain a Regional Archive / Library which shall serve as the

repository of all forms of Bicol literary materials, publications, and research worksrelated to Bicol Culture and Language;

ARTICLE XVIISocial Justice, Services, Institutions, and Other Concerns

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Section 1. The promotion of social justice shall include the commitment to create social,political and economic opportunities based on freedom of initiative, resourcefulness and self-reliance.

The Bicol Autonomous Regional Government shall undertake measures to uphold all thefreedoms guaranteed by the Constitution giving special emphasis to the protection of media

practitioners from undue harassment and extra-judicial killings.

Section 2. Policies on health and other services:

(1) The Regional Assembly shall, consistent with the provisions of the Constitution andnational policies, enact measures to provide and expand health and welfare services.

(2) The Bicol Autonomous Regional Government shall establish and maintain aneffective food and drug regulatory system. It shall encourage the rational use of drugsthrough an essential drugs list and the use of generic medicines or drugs, as well aspromote the use of alternative medicines and indigenous health resources wheneverappropriate.

Section 3. The Bicol Autonomous Regional Government, in cooperation with the private sector,shall evolve its own housing program that will provide adequate, low-cost, and decent housingfacilities and other basic services to the residents of the Region, especially the underprivileged.

Section 4. The Bicol Autonomous Regional Government shall provide for a sustainedrehabilitation program for displaced persons or communities and victims of man-made or naturalcalamities.

Section 5. The Bicol Autonomous Regional Government, recognizing the vital role being playedby legitimate private and / or non-government organizations shall protect their rights and ensure

their proper representation as provided for in this Charter.

ARTICLE XVIIIGeneral Provisions

Section 1. The Regional Assembly is hereby empowered to pass a law adopting an officialregional emblem, seal and hymn, flag and motto.

Section 2. All public officers and employees, as well as the members of the regional policeforce and the military establishment, shall be required to take an oath of allegiance to the

Republic of the Philippines and to support and defend the Constitution and this Charter.

Section 3. No member of the Armed Forces of the Philippines in the active service shall, at anytime, be appointed or designated in any capacity to a civilian position in the Bicol AutonomousRegional Government, including government-owned and controlled corporations, or in any of itssubsidiaries or instrumentalities within the Bicol Autonomous Region.

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Section 4. This Charter shall be officially promulgated in Filipino, English and Bicol andtranslated into the dialects widely spoken in the Bicol Autonomous Region. In case of conflict,the English text shall prevail.

ARTICLE XIXAmendments or Revisions

Section 1. Consistent with the provisions of the Constitution, this Charter may be amended orrevised by the Congress of the Republic of the Philippines upon a majority vote of the House ofRepresentatives and of the Senate voting separately.

Section 2. The Regional Assembly shall have the power to initiate proposals for anyamendment to or revisions of this Charter by a vote of three-fourths (3/4) of all its Members or itmay call for a Regional Consultative Commission to propose the amendment or revision. In anycase, the amendment or revision shall require the approval of the Congress of the Republic ofthe Philippines.

Section 3. Any amendment to or revision of this Charter shall become effective only whenapproved by a majority of the votes cast in a plebiscite called for the purpose, which shall beheld not earlier than sixty (60) days or later than ninety (90) days after the approval of suchamendment or revision.

ARTICLE XXTransitory Provisions

Section 1. Plebiscite Coverage

The plebiscite shall be conducted in the provinces of Albay, Camarines Norte,Camarines Sur, Catanduanes, Masbate, and Sorsogon, and the chartered city of Naga.

Section 2. Plebiscite Question

The question to be asked in the plebiscite of the voters therein will be: Are you in favorof the Charter of the Bicol Autonomous Region?

Yes

No

Explanatory Note:

A vote of Yes, signifies ratification of this Charter, and favoring inclusion to the BicolAutonomous Region.

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A vote of No, signifies non-ratification of this Charter, and non-inclusion to the BicolAutonomous Region.

Section 3. Appropriation for the plebiscite

An appropriate amount shall be appropriated and allotted by Congress for theCommission on Elections to undertake the information campaign on this Charter: Provided, thatthe Commission on Elections shall determine the manner of campaigning and deputizing ofgovernment agencies for the purpose in partnership with civil society organizations: Provided,further, that the Commission on Elections shall adopt measures that will ensure an impartialinformation campaign.

Section 4. Appropriation for interim Regional Government

A sum shall be appropriated chargeable against the Contingent Fund of the NationalGovernment, for the initial organizational requirements of the Bicol Autonomous RegionalGovernment, and funding for any deficiency shall be taken from savings of the NationalGovernment.

Section 5. Within one (1) month after the ratification of this Charter and before a regularlyelected Regional Governor and Regional Vice-Governor are elected and qualified, the Presidentof the Republic of the Philippines shall appoint an interim Regional Governor and an interimRegional Vice-Governor to carry out the functions, power and authority of the said offices, whichappointees shall possess all the qualifications and none of the disqualifications for these officesas provided in this Charter. These Interim Officials shall forthwith organize the Interim BicolAutonomous Regional Government to effect the turnover of functions and responsibilities ofNational Government agencies to the Bicol Autonomous Region. The Interim Regional Vice-Governor shall call and convene the Bicol Regional Assembly.

Section 6. On its 1

st

session, the Regional Assembly shall adopt its internal rules andprocedures and create committees.

Section 7. After the appointment of the interim Regional Governor and interim Regional Vice-Governor, a Transition Committee shall be created by executive order of the President of theRepublic of the Philippines which shall be composed of the Executive Secretary as Chairman,the Secretary of Budget and Management, the Secretary of the Interior and Local Government,the Court Administrator as the representative of the Supreme Court, the Secretary-General ofthe National Economic and Development Authority, the interim Regional Governor and interimRegional Vice-Governor of the Bicol Autonomous Region, two (2) Senators to be designated bythe Senate President and two (2) Representatives to be designated by the Speaker of theHouse of Representatives. The Transition Committee shall supervise the transfer to the Bicol

Autonomous Region of such powers and functions vested in it by this Charter and theappropriations of the offices or agencies, including the transfer of properties, assets andliabilities, and such personnel as may be necessary, and of identifying the other line agenciesand government-owned and controlled corporations that may be absorbed by the BicolAutonomous Regional Government and, with respect to the latter, also the terms and conditionsof their turnover.

Within six (6) months after its organization, the Transition Committee shall submit itsreport and recommendations to the President of the Republic of the Philippines who shall act on

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the report and recommendations within sixty (60) days after receipt thereof: Provided, however,that if the President fails to act within the said period, the recommendations of the TransitionCommittee shall be deemed approved.

Section 8. Nothing in this Charter shall derogate any right or privilege enjoyed by any publicofficial or employee under existing laws. Retiring employees shall be given full benefits under

existing laws.

All personnel of the National Government and of government-owned and controlledcorporations who are absorbed by the Bicol Autonomous Regional Government shall retain theirseniority rights, compensation, and benefits.

Section 9. Upon the organization of the Bicol Autonomous Regional Government, the lineagencies 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 andsupervision of the Bicol Autonomous Regional Government.

The National Government shall continue such levels of expenditures as may benecessary to carry out the functions devolved under this Charter: Provided, however, that theannual budgetary support shall, as soon as practicable, terminate as to the line agencies oroffices devolved to the Bicol Autonomous Regional Government.

Section 10. Notwithstanding the provisions of the preceding Section, the Government ServiceInsurance System, the Social Security System, and other funds of similar trust or fiduciarynature shall be exempt from the coverage of this Charter.

Section 11. Pending the enactment of a regional budgetary law, the budgeting process of theBicol Autonomous Regional Government shall be governed by pertinent rules and regulations

prescribed by the Department of Budget and Management.

Section 12. The first regular elections of the Regional Governor, Regional Vice-Governor andMembers of the Regional Assembly under this Charter shall be held not earlier than ninety (90)days and not later than one hundred twenty (120) days after the ratification of this Charter. TheCommission on Elections shall promulgate such rules and regulations as may be necessary forthe conduct of the said election.

Section 13. The National Government, in addition to its regular annual allotment to the BicolAutonomous Region, shall provide the Bicol Autonomous Regional Government an appropriateamount per year, as assistance for five (5) succeeding years from the establishment of the BicolAutonomous Region, to fund projects as determined by the Regional Assembly.

Section 14. The creation of the Bicol Autonomous Region shall take effect when approved by amajority of the votes cast by the constituent units provided in Sec. 1 of Article II of this Charter ina plebiscite which shall be held not earlier than ninety (90) days and not later than one hundredtwenty (120) days after the approval of this Charter: Provided, that only the provinces and thechartered cities voting favorably in such plebiscite shall be included in the Bicol AutonomousRegion. The provinces and chartered cities which in the plebiscite do not vote for inclusion inthe Bicol Autonomous Region shall remain in the existing administrative regions. Provided

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further, that said provinces which failed to acquire majority approval in the plebiscite may stillelect to join the Bicol Autonomous Region at a later time.

ARTICLE XXIFinal Provisions

Section 1. Separability Clause

The provisions of this Charter are hereby declared to be separate and in the event oneor more of such provisions are held unconstitutional, the validity of other provisions shall not beaffected thereby.

Section 2. Repealing Clause

All laws, decrees, orders, rules and regulations, and all other issuances, or parts thereof,

which are inconsistent with this Charter are hereby repealed or modified accordingly.

Section 3. Suppletory Clause

All provisions of the Constitution, existing laws, orders, issuances, and the Rules ofCourt shall be deemed suppletory to this Charter.

Section 4. Effectivity Clause

This Charter shall be submitted for ratification and shall take effect after fifteen (15) daysfollowing its complete publication in at least two (2) national newspapers and one (1) localnewspaper of general circulation in the Bicol Autonomous Region.

Approved: __________________ (date of approval)

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Speaker of the HouseSenate President

President of the Republic of the Philippines


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1Local Government Code of the Philippines of 1991

Title Three The City / Chapter 1 / Section 452 / p. 202

bam (bicol) charter draft 3

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