The Organic Act for the Autonomous Region in Muslim Mindanao (RA 9054), Article XII on Trade and Industry stipulated that:
- Sec. 2. Economic Zones, Centers and Ports. – The Regional Government shall encourage, promote, and support the establishment of economic zones, industrial centers, ports in strategic areas, and growth centers to attract local and foreign investments and business enterprises.
- Sec. 26. Private Sector. – The Regional Government recognizes the private sector as the prime mover of trade, commerce and industry. It shall encourage and support the building-up of entrepreneurial capability in the Autonomous Region and shall recognize, promote and protect cooperatives.
- Sec. 27. Cottage Industries. – The Regional government shall promote and protect cottage industries by providing assistance such as marketing opportunities, financial support, tax incentives, appropriate and alternative technology and technical training to produce semi-finished and finished products.
- Sec. 32. Consumer Education and Welfare. – The Regional Government shall promote consumer education and protect the rights, interests, and general welfare of consumers.
- Sec.34. Foreign Investments. – Subject to the provisions of the Constitution, the Regional Government shall regulate and exercise authority over foreign investments within its jurisdiction. The central government may intervene in such matters only if national security is involved.
Executive Order No. 481, Series of 1991 devolving to the Autonomous Regional Government of the ARMM certain powers and function of the Department of Trade and Industry, among others, viz:
- Plan, implement and coordinate activities of the government related to trade, industry and investments within the Autonomous Region in Muslim Mindanao;
- Promote, initiate or conduct the annual trade and industry development conference between the government and the private sector which would be held at the beginning of the third quarter of the budget year or as programmed by the Autonomous Regional Government;
- Formulate plans and programs that shall encourage projects which affect dispersal of industries to the rural areas, promote manufactured goods for export, and develop small and medium scale industries;
- Implement rules and regulation and the laws, policies and plans, programs and projects of the Regional Department;
Republic Act No. 6734 AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
The people of the Autonomous Region in Muslim Mindanao, imploring the aid of Almighty God, in order to develop a just and humane society and establish an Autonomous Regional Government that is truly reflective of their ideals and aspirations within the framework of the Constitution and national sovereignty, as well as the territorial integrity of the Republic of the Philippines, and to secure to themselves and their posterity the blessings of autonomy, democracy, peace, justice and equality, do ordain and promulgate this Organic Act through the Congress of the Philippines.
Name and Purpose
- Section 1. The name of the Autonomous Region shall be the Autonomous Region in Muslim Mindanao unless provided otherwise by Congress upon the recommendation of the Regional Legislative Assembly.
- Section 2. It is the purpose of this Organic Act to establish the Autonomous Region in Muslim Mindanao, to provide its basic structure of government within the framework of the Constitution and national sovereignty and the territorial integrity of the Republic of the Philippines, and to ensure the peace and equality before the law of all people in the Autonomous Region.
The Autonomous Region
AREA AND SEAT OF GOVERNMENT
- Section 1. (1) There is hereby created the Autonomous Region in Muslim Mindanao, to be composed of provinces and cities voting favorably in the plebiscite called for the purpose, in accordance with Section 18, Article X of the Constitution.
(2) The plebiscite shall be conducted in the provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan, South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte, and Zamboanga del Sur, and the cities of Cotabato, Dapitan, Dipolog, General Santos, Iligan, Marawi, Pagadian, Puerto Princesa, and Zamboanga.
- Section 2. The Regional Legislative Assembly, hereinafter referred to as the Regional Assembly, shall fix by law the permanent seat of government for the Autonomous Region in Muslim Mindanao, taking into consideration accessibility and efficiency in carrying out its mandate under this Act: Provided, That the provisional seat of the Regional Government shall be in Cotabato City.
Guiding Principles And Policies
- Section 1. The area of the Autonomous Region in Muslim Mindanao shall remain an integral and inseparable part of the national territory of the Republic of the Philippines as defined by the Constitution and existing laws.
The people of the Autonomous Region shall uphold the Constitution as the fundamental law of the land and unequivocally owe allegiance and fidelity to the Republic of the Philippines.
The Autonomous Region shall be governed and administered in accordance with this Organic Act.
- Section 2. The Regional Government shall adopt the policy of settlement of conflicts by peaceful means, and renounce any form of lawless violence as an instrument of redress.
- Section 3. The Regional Government shall adopt a policy on local autonomy whereby regional powers shall be devolved to local government units where appropriate: Provided, however, That until a regional law implementing this provision is enacted, the local Government Code shall be applicable.
- Section 4. Highly urbanized cities within the Autonomous Region shall continue to be governed by their charters. Nothing in this Act shall be construed as to diminish the powers and functions already enjoyed by these cities.
- Section 5. The Regional Government shall adopt measures to ensure mutual respect for and protection of the distinct beliefs, customs, and traditions among its inhabitants in the spirit of unity in diversity and peaceful co-existence: Provided, That no person in the Autonomous Region shall, on the basis of creed, religion, ethnic origin, parentage or sex, be subjected to any form of discrimination.
- Section 6. The Regional Government shall adopt educational policies that are responsive to and reflective of the special needs of the people, with due respect to the beliefs, customs and traditions of the inhabitants of the Region.
- Section 7. The Regional Government shall endeavor to improve the well-being of all its constituents, particularly the marginalized, deprived, disadvantaged, underprivileged and disabled.
- Section 8. Subject to the provisions of the Constitution and this Organic Act, and national development policies and programs, the Regional Government shall have authority, power and right in the exploration, development and utilization of its natural resources: Provided, That the indigenous cultural communities shall have priority rights in the areas designated parts of the ancestral domain.
- Section 9. The Autonomous Region shall provide manpower training programs, create livelihood and job opportunities, allocate equitable preferential rights to its inhabitants, and adopt laws that will safeguard the rights of workers.
- Section 10. The Regional Government shall uphold and protect the fundamental rights of women and children. In no case shall women and children be exploited, abused or discriminated against.
- Section 11. The Regional Government shall provide, maintain, and ensure the delivery of basic health education and services.
- Section 12. The Regional Government shall provide incentives for prompt payment of taxes.
- Section 13. The National Government shall provide financial assistance to the Autonomous Region by appropriating such sums as may be necessary to accelerate the development of the Region.
Devolution of Powers
- Section 1. The fundamental rights and duties of the people in the Autonomous Region are those established in the Constitution and this Organic Act.
- Section 2. The powers devolved to the Autonomous Region shall be exercised through the Regional Assembly, the Regional Governor, and the special courts as provided in this Act.
Powers of Government
- Section 1. The Regional Government shall exercise powers and functions necessary for the proper governance and development of all the constituent units within the Autonomous Region consistent with the constitutional policy on regional and local autonomy and decentralization: Provided, That nothing herein shall authorize the diminution of the powers and functions already enjoyed by local government units.
- Section 2. The Autonomous Region is a corporate entity with jurisdiction in all matters devolved to it by the Constitution and this Organic Act as herein enumerated:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family and property relations;
(5) Regional, urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage;
(9) Powers, functions and responsibilities now being exercised by the departments of the National Government except:
(a) Foreign affairs;
(b) National defense and security;
(c) Postal service;
(d) Coinage, and fiscal and monetary policies;
(e) Administration of justice;
(g) Customs and tariff;
(i) Naturalization, immigration and deportation;
(j) General auditing, civil service and elections;
(k) Foreign trade;
(l) Maritime, land and air transportation and communications that affect areas outside the Autonomous Region; and
(m) Patents, trademarks, trade names, and copyrights; and
(10) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the Region.
- Section 3. The Regional Government may exercise the power of eminent domain.
Trade Regulations and Consumer Protection Division
- Formulate and monitor the implementation of programs for the effective enforcement of laws, correct interpretation and adoption of policies on monopolies and restraint of trade, mislabeling, product misrepresentation and other unfair trade practices;
- Monitor the registration of business names and the licensing and accreditation of establishments and practitioners;
- Protect and safeguard the interest of consumers and the public, particularly the health and safety implications of intrinsic products features, product representation, and the like;
- and establish the basis for evaluating consumer complaints and product utility failures.
- Facilitate and coordinate relevant functions of the Bureau of Product Standards.
- Review the products contained in the critical imports list in accordance with established national standards or relevant international standards and buyer-seller specifications;
- Study and carry out research on the various reference materials to be used as basis for the start of whatever analysis or evaluation is demanded by the products under examination or investigation;
- Participate actively in international activities on standardization, quality control and metrology;
- Ensure the manufacture, production, and distribution of quality products for the protection of consumers;
- Facilitate testing and analysis of standardized and unstandardized products for purposes of product standard formulation and certification;
- Extend technical assistance to producers to improve the quality of their products;
- check length, mass and volume measuring instruments; and maintain consultative liaison with the DTI National Office and other standards organizations, both local and foreign.
Enterprise and Trade Development Division
- Facilitate, formulate and monitor development programs for private institutions involved in assisting the trade and industry sector, delivery mechanisms and linkages for marketing, financial and subcontracting services, and development programs for livelihood and micro, small and medium enterprises;
- Prepare and monitor the implementation of plans and programs directed at the promotion and development of domestic trade, particularly in the area of efficiency, fairness and balance in the distribution of essential products and services and in the strengthening of the domestic base for export activities;
- Conceptualize, monitor, and evaluate programs, plans and projects intended to create awareness of domestic marketing opportunities for new projects, new technologies and investments;
- Provide product identification, research, and development services to the private sector; conduct seminars and workshops on product design and development
- Set up design exhibitions; and
- Publish product design related materials;
Industry Development and Investment Promotion Division.
- Plans, coordinate the preparation of short, medium and long-term industry plans as well as promote investments in the region in accordance with national policies and priorities, in coordination with relevant offices and agencies.
- Strengthening of business sector, chamber of commerce and industries and facilitate the holding of annual business congresses.
- Prepare industry profiles, resource mapping and conduct research on priority industries of the regional government.