Republic Act No. 9054/Article IV

by Congress of the Philippines

Layout 2

Article IV

Powers of Government

Section 1. Powers and Functions.—Subject to the provisions of the Constitution, the Regional Government shall exercise those powers and functions expressly granted to it in this Organic Act, or necessary for or incidental to the proper governance and development of all the constituent units within the autonomous region consistent with the policy on regional and local autonomy and decentralization.

The Regional Government may enact its own regional administrative code and regional local government code consistent with the Constitution. The powers and functions already vested upon and the shares of the national taxes provided by Republic Act No. 7160, the Local Government Code of 1991, to provinces, cities, municipalities, and barangay in the autonomous region shall not be reduced.

Sec. 2. Corporate Entity.—The autonomous region is a corporate entity with jurisdiction over all matters devolved to it by the Constitution and this Organic Act.

Sec. 3. Scope of Regional Assembly Legislative Power; Exceptions.—The Regional Assembly may exercise legislative power in the autonomous region for the benefit of the people and for the development of the region except on the following matters:

(a) Foreign affairs;

(b) National defense and security;

(c) Postal service;

(d) Coinage and fiscal and monetary policies;

(e) Administration of justice; It may, however, legislate on matters covered by the Shari'ah. The Shari'ah shall apply only to Muslims. Its application shall be limited by pertinent constitutional provisions, particularly by the prohibition against cruel and unusual punishment and by pertinent national legislation that promotes human rights and the universally accepted legal principles and precepts;

(f) Quarantine;

(g) Customs and tariff;

(h) Citizenship;

(i) Naturalization, immigration and deportation;

(j) General auditing;

(k) National elections;

(l) Maritime, land and air transportation, and communications; The autonomous government shall, however, have the power to grant franchises, licenses and permits to land, sea and air transportation plying routes in the provinces or cities within the region, and communications facilities whose frequencies are confined to and whose main offices are located within the autonomous region;

(m) Patents, trademarks, trade names, and copyrights; and

(n) Foreign trade.

Sec. 4. General Welfare Powers.—Notwithstanding the limitations on the powers of the Regional Assembly as stated above, it may enact laws that promote the general welfare of the people of the autonomous region.

Sec. 5. Representation in Central Government or national government Departments, Offices.—As far as practicable, the autonomous region shall be represented in the departments, offices, commissions, agencies, and bureaus of the central government or national government that implement and enforce policies, programs and projects of the central government or national government in the region.

Sec. 6. Eminent Domain.—The Regional Government may exercise the power of eminent domain.