Republic Act No. 8438/Article V

by Congress of the Philippines

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Article—V

The Regional Executive Department

Section 1. The executive power in the region shall be vested in a regional governor who shall be elected at large by direct vote of the registered voters of the CAR.

Sec. 2. (a) No person shall be elected regional governor unless he is a natural born citizen of the Philippines, and on the day of election is at least thirty-five (35) years of age, able to read and write, a registered voter in the region and an actual resident thereof for a period of not less than five (5) years immediately preceding the day of election.

(b) The regional governor shall be assisted by a Cabinet: Provided, That the members shall as far as practicable come from various provinces and city or cities within the CAR.

Sec. 3. There shall be a regional vice-governor who shall have the same qualifications and term of office and shall be elected in the same manner as the regional governor. The regional vice-governor shall be the presiding chairman of the Legislative Assembly.

Sec. 4. The regional governor and the regional vice-governor shall be elected by direct vote of the people of the autonomous region for a term of three (3) years which shall begin at noon on the thirtieth (30th) day of June next following the day of election and shall end at noon of the same date three (3) years thereafter.

No regional governor 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 shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

The regular election for the regional governor and regional vice-governor shall be held on the second (2nd) Monday of May.

Sec. 5. The regional governor and the vice-governor on assuming office shall take the following oath or affirmation.

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

Sec. 6. Unless otherwise provided by law or ordinance, the regional governor and regional vice-governor shall receive an annual salary equivalent to that of a department secretary and undersecretary respectively of the executive department of the national government which shall not be decreased during their tenure. No increase in the salary of the regional governor and regional vice-governor shall take effect until after the expiration of the term of the regional governor and regional vice-governor approving the same. They shall not receive during their tenure any other emoluments from the government or any other source.

Sec. 7. The regional governor shall be provided with an official residence by the Regional Assembly.

Sec. 8. If the regional governor-elect fails to qualify, the regional vice-governor-elect shall act as regional governor until a regional governor shall have been chosen and qualified.

If at the beginning of the term of the regional governor, the regional governor-elect shall have died or shall have been permanently disabled, the regional vice-governor-elect shall become the regional governor.

Where no regional governor and/or regional vice-governor shall have qualified, or where both have died or become permanently disabled, the majority floor leader and the next-in-rank officer of the Assembly shall act as regional governor and regional vice-governor respectively until such shall have been elected in a special election called for the purpose.

Sec. 9. For purposes of this article, a permanent vacancy arises when an incumbent elective regional official fills up a higher vacant office; refuses to assume office; fails to qualify, dies; is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office.

(a) If a permanent vacancy occurs in the office of the regional governor, the regional vice-governor shall become the regional governor;

(b) If a permanent vacancy occurs in the office of the regional vice-governor, the majority floor leader of the Assembly shall become the regional vice-governor;

(c) If a permanent vacancy occurs in both the offices of the governor and vice-governor, the majority floor leader and the next-in-rank officer of the Assembly shall act as governor and vice-governor, respectively; and

(d) The successors as defined herein shall serve only the unexpired terms of their predecessors.

Sec. 10. The regional governor shall not, during his tenure, hold any other office or employment except as otherwise provided in this Act. He shall not engage in the practice of any profession, or participate directly or indirectly in any contract with or in any franchise or special privilege granted by the regional government or any subdivision, agency or instrumentality thereof, including any government-owned or -controlled corporations or in any of their subsidiaries. The spouse and other relatives by consanguinity or affinity within the fourth civil degree of the regional governor shall not, during his tenure, be appointed officers or employees of the regional government except as members of their confidential staff.

Sec. 11. The regional vice-governor and the members of the cabinet and their assistants shall not, during their tenure, hold any other office except as otherwise provided in this Organic Act, practice any profession, or participate directly or indirectly in any contract with or in any franchise or special privilege granted by the regional government or any subdivision, agency or instrumentality thereof, including any national or regional government-owned or -controlled corporation.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the regional vice-governor shall not, during his tenure, be appointed members of the regional cabinet or chairmen of regional commissions, or heads of bureaus or offices, including government-owned or -controlled corporations and their subsidiaries located in the autonomous region.

Sec. 12. The regional governor shall appoint members of the cabinet who shall serve at the pleasure of the appointing authority. Such appointments shall be with concurrence of the members of the Legislative Assembly. The Legislative Assembly may by law, vest in the members of the cabinet, special courts, heads of agencies, commissions and boards, the power to appoint subordinate officers.

Sec. 13. The regional governor shall address the Legislative Assembly at the opening of its regular session. He may also appear before it at any time. The Legislative Assembly may invite the President and other government officials to address it.