Republic Act No. 9054/Article V

by Congress of the Philippines

Layout 2

Article V

Inter-Governmental Relations

Section 1. General Supervision of the President Over the Regional Governor.—Consistent with the Constitution and basic policy on local autonomy, the President of the Republic shall exercise general supervision over the Regional Governor to ensure that his or her acts are within the scope of his or her powers and functions.

The power of supervision of the President over the provincial governors and the mayors of the highly urbanized cities shall be exercised through the Regional Governor; over the mayors of the component cities and municipalities, through the provincial governor and over the punong barangay, through the city or municipal mayor.

In addition to other acts which he or she may impose under the Constitution and this Organic Act, the President may suspend, reduce, or cancel the financial blocks or grants-in-aid, funds for infrastructure, and other forms of assistance intended for the autonomous region (1) if the regional government fails to account for the funds and financial assistance released to it by the central government or national government, within one month from the end of every quarter in which the funds and financial assistance had been released or (2) when measures for the protection and enhancement of the civil, human, political or religious rights of the lumads, Christians and other minorities in the autonomous region ordained by the Constitution and this Organic Act, are not respected or are violated or are not implemented within one (1) year from its enactment.

The President may suspend the Regional Governor for a period not exceeding six (6) months for willful violation of the Constitution, this Organic Act or any existing law that applies to the autonomous region.

Sec. 2. Cabinet Membership.—As far as practicable, it shall be the policy of the national government that there shall be at least one (1) member of the cabinet with a rank of a department secretary who is an inhabitant of the autonomous region to be recommended by the Regional Governor in consultation with elected officials and concerned sectors of the autonomous region.

Sec. 3. Shari'ah and Tribal Courts; Coordination With Central Government or National Government.—The Regional Government shall maintain close coordination with the central government or national government for an effective administration of justice in the autonomous region.

Sec. 4. Representation of Autonomous Region in General in the Central Government or National Government.—Representation of the inhabitants of the autonomous region in the central government or national government may be done by appointment or election.

Appointment of inhabitants of the autonomous region to positions in the central government or national government shall be subject to central government or national government standards and guidelines. Such appointment shall be made only upon recommendation by the Regional Governor after consultation with the Regional Assembly and the concerned sectors of the autonomous region.

Right of representation shall not be construed in such a way that applicants from the autonomous region, especially Muslims and cultural communities, for lower positions in the above organs of the government cannot be appointed anymore thereto.

Election of legislators to represent the autonomous region in the Congress of the Republic shall be done pursuant to the rules of the Commission on Elections.

Sec. 5. Representatives In Executive Departments and Constitutional Bodies.—At least, one (1) qualified inhabitant of the autonomous region recommended by the Regional Governor in consultation with the Regional Assembly and concerned sectors of the autonomous region shall be appointed, as far as practicable, in each of the departments, offices or bureaus and constitutional bodies of the central government or national government that deal with the autonomous region, in primarily confidential, highly technical, or policy-determining positions.

Sec. 6. Ex Officio Member of the National Security Council.—The Regional Governor shall be an ex officio member of the National Security Council on matters concerning the autonomous region and such other matters as may be determined by the President.

Sec. 7. Representatives in Government-Owned or -Controlled Corporations.—The Regional Government shall be represented in the board of directors or in the policy-making bodies of government-owned-and-controlled corporations that operate businesses directly or through their subsidiaries in the autonomous region.