XV. LAW ON LOCAL GOVERNMENTS

C. Autonomous Regions and their Relation to the National Government

1. Constitutional Basis for Autonomous Regions

The establishment of autonomous regions in the Philippines is grounded in the 1987 Philippine Constitution, specifically in Article X, Sections 15 to 21. These provisions mandate the creation of autonomous regions in Muslim Mindanao and the Cordilleras to allow for self-governance within the framework of national sovereignty and territorial integrity.

Article X, Section 15: Recognizes the necessity of forming autonomous regions in Muslim Mindanao and the Cordilleras.
Article X, Section 16: Grants autonomous regions their own organic act, which serves as the constitution of the region, defining its political structure and scope of powers.
Article X, Section 17: Establishes the legislative powers of the regional legislative assembly, which includes the authority to legislate on matters not covered by national law, as long as such legislation is consistent with the Constitution and national laws.
Article X, Section 18: Provides for the creation of regional executive departments, agencies, and other instrumentalities. The heads of these entities must come from the autonomous regions themselves, with supervision from the President of the Philippines as required by law.
Article X, Section 19: Emphasizes the equitable share of the autonomous regions in the national taxes, ensuring that local government units (LGUs) within these regions receive their due Internal Revenue Allotment (IRA) and other funds from the National Government.
Article X, Section 20: Grants the autonomous regions powers over matters of internal governance, economic planning, and development, but reserves to the National Government essential functions such as defense, foreign affairs, and postal services.

2. Autonomous Regions: Muslim Mindanao and Cordillera

The Philippines has two constitutionally recognized autonomous regions: the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) and a still-to-be-formed autonomous region in the Cordilleras.

A. Bangsamoro Autonomous Region in Muslim Mindanao (BARMM)

Legal Framework: Republic Act No. 11054, or the "Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao" (Bangsamoro Organic Law), enacted pursuant to Article X of the 1987 Constitution, serves as the BARMM's governing law.
Powers of the BARMM: The Bangsamoro Organic Law grants BARMM both exclusive and concurrent powers. Exclusive powers include legislation on Shariah law (for Muslims), ancestral domain, customary law, and natural resources, among others. Concurrent powers are shared with the national government in areas such as social security, education, and health.
Government Structure: BARMM has a parliamentary form of government, unique within the Philippines. The Bangsamoro Parliament enacts laws and oversees an executive body led by a Chief Minister. This is distinct from the more common presidential form of government used in the rest of the country.
Fiscal Autonomy: BARMM enjoys fiscal autonomy, meaning it has a block grant equivalent to 5% of the net internal revenue collection of the Bureau of Internal Revenue and the Bureau of Customs. This ensures stable financial support from the National Government, in addition to its own locally generated revenues and share in the utilization of natural resources within its jurisdiction.

B. Cordillera Administrative Region (CAR)

The Cordilleras, despite multiple attempts, has yet to establish a fully autonomous region. The 1987 Constitution envisions an autonomous region in the Cordilleras, but no organic law establishing autonomy has passed the required plebiscites. The current administrative structure, the Cordillera Administrative Region (CAR), is an interim arrangement pending the creation of a formal autonomous government through an enabling law.

3. Relationship Between Autonomous Regions and the National Government

The relationship between autonomous regions and the National Government is characterized by autonomy in local governance but within the limits set by national sovereignty and law. This involves the following dynamics:

A. Supervision by the President

While autonomous regions have extensive powers over local governance, the President of the Philippines retains supervisory authority to ensure that laws and policies comply with the Constitution. This supervisory power allows the President to intervene in cases where actions or laws of the autonomous regions contravene national interests, but such intervention is limited to ensuring compliance with constitutional provisions and does not extend to day-to-day governance.

B. Reserved Powers of the National Government

Autonomous regions have no jurisdiction over certain powers that remain with the National Government. These include:

Defense and national security: The national government maintains control over military defense, internal and external security.
Foreign relations: The autonomous regions cannot engage in foreign diplomacy or enter into treaties or international agreements independently of the national government.
Monetary and fiscal policy: Autonomous regions cannot establish their own currency or central banks, and they remain part of the national economic system.

C. National Laws and Local Legislation

Legislation enacted by the regional legislative bodies must comply with the Constitution and national laws. The Supreme Court may review regional legislation to ensure constitutionality, and any conflict between regional laws and national laws is resolved in favor of the latter.

D. Judicial System

While autonomous regions may establish their own courts for matters within their jurisdiction (e.g., Shariah courts in BARMM for Muslim family and personal law), the Philippine judiciary retains ultimate authority, particularly in constitutional interpretation and matters affecting national law.

E. Public Order and Safety

Autonomous regions have the power to maintain public order and safety within their jurisdictions through their local police forces. However, these forces are subject to supervision and coordination with the national police and the Department of the Interior and Local Government (DILG).

4. Autonomy vs. Local Government Units

Autonomous regions are distinct from ordinary local government units (LGUs) in the Philippines. While LGUs (provinces, cities, municipalities, and barangays) enjoy a certain degree of local autonomy under the Local Government Code (Republic Act No. 7160), autonomous regions have significantly broader powers. They are empowered by their organic laws to govern independently in areas such as education, health, and ancestral domains, subject to the limitations imposed by the national government and the Constitution.

5. Challenges in the Implementation of Autonomy

Despite constitutional guarantees, the practical implementation of autonomy has faced challenges, including:

Inconsistent funding: Although autonomous regions are entitled to a block grant, delays in fund disbursement and coordination issues with national agencies can hamper regional development.
Conflicts between regional and national laws: Disputes occasionally arise over whether regional laws encroach on national government functions or violate the Constitution.
Security and peacekeeping: In regions like Muslim Mindanao, peacekeeping efforts remain a challenge due to the long history of insurgency and conflict.

6. Conclusion

Autonomous regions in the Philippines, such as BARMM, play a critical role in recognizing the unique cultural, historical, and political contexts of certain areas while balancing the country's national unity and sovereignty. Their relationship with the National Government is founded on constitutional principles that aim to empower local governance while safeguarding national interests.