Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

[y Reckiven A
fe ae Fed 1 4

SEVENTEENTH CONGRESS
First Regular Session

5040

HOUSE BILL NO,

INTRODUCED BY REP. ISAGANI S. AMATONG

Zamboanga del Norte is predominantly an agricultural province bounded
by Zamboanga del Sur and Zamboanga Sibugay on the south, Misamis
Occidental to the east and the Sulu Sea to the west. Its land area of
7,301.00 square kilometers (2,818.93 square miles) is the largest in
Zamboanga Peninsula or in Region IX. It is comprised of twenty-five
municipalities and two cities of Dipolog and Dapitan. These are further
subdivided into 691 barangays, and clustered into three legislative
districts. Based on 2015 census, the population of Zamboanga del Norte
is already 1,011,393 people, with a density of 140 inhabitants per
square kilometer or 360 inhabitants per square mile.

Despite of being rich in natural resources, it is still considered one of the
poorest provinces, In fact, five municipalities of the third di
province are among the top 20 poorest in the country be
National Statistics and Coordination Board

This bill sought to divide the province of Zamboanga del Norte into two
provinces, namely; the province of Zamboanga del Norte and the creation
of a new province of Zamboanga Hermosa. The province of Zamboanga
del Norte shall now be comprised of fifteen (15) municipalities, namely:
Rizal, Sibutad, La Libertad, Mutia, Pifan, Polanco, Sergio Osmefa,
Dapitan City, Dipolog City, Katipunan, Manuel A. Roxas, Manukan, Jose
Dalman, Sindangan and Siayan. Whereas, the province of Zamboanga
Hermosa shall be composed of twelve (12) municipalities composed of
Leon B. Postigo, Salug, Godod, Liloy, Tampilisan, Kalawit, Labason,
Gutalac, Baliguian, Siocon, Sirawai and Sibuco. The total land area of
the proposed province of Zamboanga Hermosa is more than half of the
entire province of Zamboanga del Norte stretching about 267 kilometers
of national road network,



The seat of the provincial government of Zamboanga del Norte is located
in Dipolog City. About 260 kilometers separates the provincial capital to
the southernmost municipality of Sibuco attributed by its elongated
topographic area. As such, the influx of projects and programs from
national and local governments are inequitably concentrated only to
some accessible areas, resulting to low prod ivity and unequal
opportunity among the impoverished inhabitants of the province.

Furthermore, with the creation of a new Province of Zamboanga
Hermosa, it is anticipated that the perennial snail-paced prosecution of
infra-projects and the dismal delivery of ba
tracked. Easier access to government offices at
development. Likewise, a wide-range of prospects from our constituents
in uplifting their socio-economic status is attainable. In the pro
more responsive, accountable and accessible local government unit will
be established.

a

In view of the foregoing, the immediate passage of this bill is earnestly

sought.

/
PECAN . AMATONG



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
Hirst Regular Session

) y
HOUSE BILL NO, 5040

INTRODUCED BY REP. ISAGANI S. AMATONG

AN ACT
CREATING THE PROVINCE OF ZAMBOANGA HERMOSA FROM THE
PROVINCE OF ZAMBOANGA DEL NORTE AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

ARTICLE I

GENERAL PROVISIONS

Section 1. Title - This Act shall be known as the “Charter of the Province of
Zamboanga Hermosa.”

Section 2. Province of Zamboanga Hermosa- There is hereby created a new
province from the present province of Zamboanga de Norte to be known as the
Province of Zamboanga Hermosa. The municipalities of Rizal, Sibutad, La
Libertad, Mutia, Pinan, Polanco, Sergio Osmena, Katipunan, Manuel A. Roxas,
Manukan, Jose Dalman, Sindangan, Siayan, including the twin cities of
Dipolog and Dapitan shall comprise the Province of Zamboanga del Norte. ‘The
remaining municipalities of Leon B. Postigo, Salug, Godod, Liloy, Tampilisan,
Kalawit, Labason, Gutalac, Baliguian, Siocon, Sirawai and Sibuco shall now
cover the Province of Zamboanga Hermosa.

‘The foregoing provision shall be without prejudice to the resolution by the
appropriate agency or forum of existing boundary disputes or cases involving
questions of territorial jurisdiction between the Provinces of Zamboanga del
Sur, Zamboanga Sibugay and the adjoining local government units.

Section 3. Capital Town and Seat of Government ~ The capital town and

Seat of government of the new Province of Zamboanga Hermosa shall be the
Municipality of Liloy.

Section 4. Corporate Powers of the Province — The province constitute a
Political body corporate and as such is endowed with the attributes of

3


perpetual succession and possessed of the powers that pertain to a provincial
corporation to be exercised in conformity with the provisions of the Charter.
‘The province shall have the following corporate powers:

(a) To have a continuous suce

(b) To sue and be sued;

(c) To have and use a corporate seal;

(a) To acquire, hold and convey real and personal propert

{e) To enter into contracts and agreements, and;

(‘To exercise such other powers, prerogatives, or authority, subject to the
limitations provided for in this Act or other laws.

sion in its corporate name;

Section 5. General Powers ~ The province shall have a common seal and may
alter the same at its pleasure. It shall exercise the powers to levy taxes; to
close and open roads, streets, alleys, parks or squares; to take, purchase,
rec hold, lease, convey and dispose of real and personal properties for the
general interests of the province; to expropriate or condemn private property for
public use; to contract and to be contracted with; to sue and be sued; to
prosecute and defend final judgment and execution suits wherein the province
is involved or interested in; and to exercise all the powers as are granted to
corporations or as hereafter granted.

Section 6. Liability for Damages ~ The province and its officials shall not be
exempt from liability for death or injury to persons or damage to properties.

Section 7. Congressional District — Notwithstanding the ratification of this
Act by a majority of the votes cast in a plebiscite call for the purpose thereby
creating the new Province of Zamboanga Hermosa, the Representative of the
Third District of Zamboanga del Norte at the time of such ratification shall
continue to represent the municipalities covered by the said district in the May
6, 2019 elections, until June 30, 2019.

Thereafter, the component municipalities and cities, if any, covered by the new
Province of Zamboanga Hermosa shall constitute the known congressional
district of the Province of Zamboanga Hermosa subject to the increase in
number of congressional districts which may hereafter be provided in
accordance with law; and the Municipalities of Katipunan, Manuel A.
Manukan, Jose Dalman, §
comprise the 2

Roxas,
ayan, Sindangan and the City of Dipolog which shall
| Legislative District of the Province of Zamboanga del Nort
and the Municipalities of Rizal, Sibutad, La Libertad, Mutia, Pifian, Sergio
Osmeria and the City of Dapitan which shall also comprise the 1» Legislative
District of the province of Zamboanga del Norte, respectively, unless they are
hereafter divided into two or more congressional districts in accordance with
law.

Section 8. Jurisdiction of the Province - The jurisdiction of the Province of
Zamboanga Hermosa shall cover twelve (12) Municipalities which includes Leon

B. — Postigo, Salug, Godod, Liloy, Tampilisan, Kalawit, Labason, Gutalac,
Baliguian, Siocon, Sirawai, and Sibuco.

The Regional Trial Courts and other courts under the Supreme Court of
adjoining municipalities shall continue to try crimes and misdemeanors
committed within the mandated jurisdiction of the new province. The court


first taking jurisdiction of such offense shall thereafter retain exclusive
jurisdiction thereof.

ARTICLE Il

PROVINCIAL OFFICIALS IN GENERAL

Section 9. Officials of the Provincial Government ~

(A) There shall be in the Province of Zamboanga Hermosa, a Governor, a
Vice-Governor, members of the Sangguniang Panlalawigan, a Secretary
to the Sangguniang Panlalawigan, a Provincial Treasurer, a Provincial
Assessor, a Provincial Accountant, a Provincial Engineer, a Provincial
Budget Officer, a Provincial Planning and Development Coordinator, a
Provincial Legal Officer, a Provincial Administrator, a Provincial Health
Officer, a Provincial Civil Registrar, a Provincial Social Welfare and
Development Officer, a Provincial General Services Officer, a Provincial
Agriculturist, a Provincial Veterinarian, a Provincial Environment and
Natural Resources Officer, and a Provincial Cooperatives Officer.

(B) In addition thereto, the Governor may appoint a Provincial Archi
Provincial Population Officer and a Provincial Information Officer.

(C) The province shall establish a provincial fire station to be headed by a
Provincial Fire Marshall, a provincial jail to be headed by a Provincial
Jail Warden, and a provincial schools division to be headed by a
Provincial Schools Division Superintendent.

(D) The province may:

(1) Establish and maintain offices not mentioned in Subsectior
(B) hereof;

(2) Create such other offices as may be nec
purposes of the provincial government; or

{3} Consolidate the functions of any office with those of another in the
interest of efficiency and economy.

(A) and

‘ssary to carry out the

Unless otherwise provided herein, heads of departments and offices shall be
appointed by the provincial governor with the concurrence of a majority of the
sangguniang pantalawigan members, subject to civil service rules and

pgulations, The sangguniang panlalawigan shall act on the appointment
within the fifteen (15) days from the day of its submi
shall be deemed confirmed.

ion; otherwise, the same

Section 10. Residence and Office ~ During the incumbency of the governor,
he shall have his official residence and office in the designated capital of the
province, All elective and appointive provincial officials shall hold office in the
provincial capital: Provided, that, upon the resolution of the sangguniang
panlalawigan, elective and appointive provincial officials may hold office in any
component city or municipality within the province within the period of not
more than seven (7) days for any given month,



ARTICLE Ill
ELECTIVE PROVINCIAL OFFICIALS
Section 11. The Provincial Governor -
(A) The provincial governor, the chief executive of the provincial
government, shall exercise such powers and perform such duties and

functions as provided in the Local Government Code of 1991 and other
laws.

(B) For efficient, effective, and economical governance, the purpose of which
is the general welfare of the province and its inhabitants pursuant to
Section 16 of the Local Government Code of 1991, the provincial
governor shall:

(a) Determine the guidelines of provincial policies and be responsible to
the sangguniang panlalawigan for the program of the government;

tb)

t the formulation of the provincial development plan, with the
jstance of the provincial government council, and, upon approval
thereof by the sangguniang panlalawigan, implement the same;

(c) Present the program of government and propose policies and projects
for the consideration of the sangguniang panialawigan at the opening
of the regular session of the sangguniang panlalawigan every
calendar year and as often as may be deemed necessary as the
general welfare of the inhabitants and the needs of the provincial
government may require;

(4) Appoint all officials and employees whose salaries and wages are
wholly or mainly paid out of provincial funds and whose
appointments are not otherwise provided for in this Act as well as
those he may be authorized by law to appoint except those who are to
be appointed by the vice-governor as provided in Section 12 hereof;

(c) Represent the province in all its business transactions and sign on
its behalf all bonds, contracts, and obligations, and such other
documents upon authority of the sangguniang panlalawigan or
pursuant to law or ordinance;

() Carry out such emergency measures as may be necessary during and
in the aftermath of man-made and natural disasters or calamities;


(g) Determine the time, manner, and place of payment of salaries or
wages of provincial officials and employees, in accordance with law or
ordinance;

(h) Allocate and assign office space to provincial and other officials and
employees who, by law or ordinance, are entitled to such space in the
provincial capital and other buildings owned or leased by the
provincial government;

(i) Ensure that all executive officials and employees of the province
faithfully discharge their duties and functions as provided by law and
the Local Government Code of 1991, and cause to be instituted
administrative or judicial proceedings against any official or employee
of the province who may have committed an offense in the
performance of his official duties;

() Examine the books, records, and other documents of all officers,
officials, agents, or employees of the province, and, in aid of his
executive powers and authority require all national officials and
employees stationed in the province to make available to him such
books, records, and other documents in their custody, except those
classified by law as confidential;

(k) Furnish the Office of the President copies of executive order
by him within seventy-two (72) hours after their i

ssuance;

() Visit component cities and municipalities of the province at least
once every six (6) months to deepen his understanding of problems
and conditions, listen and give appropriate counsel
and inhabitants, inform the officials and inhabitants of component
cities and municipalities of general laws and ordinances that
especially concern them and otherwise conduct visits and inspections
to ensure that the governance of the province will improve the quality
of life of the inhabitant:

(m) Act on leave applications of officials and employees appointed by him
and the commutation of the monetary value of their leave credits in
accordance with law;

(n) Authorize official t
the provine

s of provincial officials and employees outside of
for a period not exceeding thirty (30) day:

(0) Call upon any national official or employee stationed in or assigned to
the province to advise him on matters affecting the province and to
make recommendations thereon; coordinate with said official or
employee in the formulation and implementation of plans, programs,
and projects; and, when appropriate, initiate an administrative or
judicial action against a national government official or employee who


may have committed an offense in the government. official or
employee who may have committed an offense in the performance of
his duties while stationed in or assigned to the province;

(p) Authorize payments for medical care, necessary twansportation,
subsistence, hospital, or medical fees or provincial officials and
employees who are injured while in the performance of their official
duties and functions, subject to the availability of funds;

(q) Represent the province in inter-provineial or regional sports counci
or committees, and coordinate the efforts of component cities or
municipalities in the regional or national palaro or sports
development activities;

(r) Conduct an annual palarong p

nlalawigan, which shall feature
traditional sports and disciplines included in national and
international games, in coordination with the Department of
Education; and

(s) Submit to the Office of the President the following reports: an annual
report containing a summary of all matters pertinent to the
management, administration and development of the province and all
information and data relative to its political, social, and economic
conditions, and supplemental reports when unexpected events and
tuations arise at any given time during the year, particularly when
man-made or natural disasters or calamities affect the general
welfare of the province, region, or country.

(2) Enforce all laws and ordinances relative to the governance of the province
and the exercise of the appropriate corporate powers provided for in Section 22
of the Local Government Code of 1991; implement all approved policies,
programs, projects, services and activities of the province, and in addition to
the foregoing, shall

(a) Ensure that the acts of the component cities and municipalities of
the province and of its officials and employees are within the scope of
their prescribed powers, duties, and functions

{b) Call conventions, conferences, seminars, or meetings of electiv
appointive officials of the province and its component citi
municipalities, including national officials and employces stationed
in or assigned to the province, at such time and place and on such
subject as he may deem important for the promotion of the general

fare of the inhabitants;

and
es and

(c) Issue such executive orders for the faithful and appropriate
enforcement and execution of laws and ordinances;


(d) Be entitled to carry the nec
jurisdiction;

ry firearm within his territorial

(e) In coordination with the mayors of component cities and
municipalities and the National Police Commission, formulate the
peace and order plan of the province and, upon its approval,
implement the same in accordance with Republic Act No. 6975; and

(f) Call upon the appropriate national law enforcement agencies to
uppress disorder, riot, lawless violence, rebellion, or sedition or to

apprehend violators of the law when public interest so requires and

the police forces of the component cities and municipalities where the

disorder or violence is happening are inadequate to cope with the
uation.

Initiate and maximize the generation of resources and reveriues, and
apply the same to the implementation of development plans, programs,
objectives, and priorities as provided for under Section 18 of the Local
Government Code of 1991, particularly those resources and revenues
programmed for agro-industrial development and country-wide growth
and progress and, relative thereto, shall:

) Require each head of an office or department to prepare and submit
an estimate of appropriations for the ensuing calendar year, in
aceordance with the budget preparation process under Title V, Book
II of the Local Government Code of 199;

(b) Prepare and submit to the sangguniang panlalawigan for approval
the executive and supplement budgets of the province for the ensuing
calendar year in the manner provided under Title V, Book II of the
Local Government Code of 1991;

(c) Ensure that all the taxes and other revenues of the province are
collected, and that provincial funds are applied to the payment of
expenses and settlement of obligations of the province, in accordance
with law or ordinance;

(d) Issue licenses and permits and suspend or revoke the same for any
violation of the conditions upon which said licenses or permits have
been issued, pursuant to law or ordinance;

(ce) Adopt adequate measures to safeguard and conserve land, mineral,
marine, forest, and other resources of the province, in coordination

with the mayors of component cities or municipalities;

(f) Provide efficient and effective property and supply management in
the province, and protect the funds, credits, rights, and other
properties of the province; and


(g) Institute or cause to be instituted administrative or judicial
proceeding for violators of ordinances in the collection of taxes, fees,
or charges, and for the recovery of funds and properties, and cause
the province to be defended against all suits to ensure that the
interests, resources, and rights are adequately protected.

(4) Ensure the delivery of basic services and the provision of adequate

facilities as provided for under Section 17 of the Local Government Code
of 1991 and, in addition thereto, shall;

(a) Ensure that the construction and repair of roads and highways
funded by the national government shall be, as far as practicable,
carried out in a spatially contiguous manner in coordination with the
construction and repair of the roads and bridges of the province and
its component cities and municipalities; and

(b) Coordinate the implementation of technical services by national
offices for the province and its component cities and municipalities,
including public works and infrastructure programs of the provincial
government and its component cities and municipalities.

(5) Exercise such powers and performs such other duties and functions as
may be prescribed by law or ordinances.

(C) The provincial governor shall receive a minimum monthly compensation
corresponding to Salary Grade (30) prescribed under Republic Act No. 6758
and its implementing guidelines.

Section 12. The Vice-Governor ~

(A) The Vice-Governor shall:

(1) Be the presiding officer of the sangguniang panlalawigan and sign all
warrants drawn on the provincial treasury for all the expenditures
appropriated for the operation of the sangguniang panlalawigan;

(2) Subject to the civil service law, rules and regulations, appoint all
officials and employees including the secretary to the sagguniang
panlalawigan and such employees of the individual members of the
sangguniang panlalawigan, except those whose manner of
appointment is specifically provided for under existing laws;

(3) Assume the office of the governor for the unexpired term of the latter
in the event of permanent vacancy, as provided in Section 44, Book 1
of the Local Government Code of 1991; and

(4) Exercise the powers and perform the duties and functions of the
governor in cases of temporary vacancy, as provided for in Section
46, Book 1 of the Local Government Code of 1991; and

10


(5) Exercise such other powers ‘and perform such other duties and
functions as may be prescribed by law or ordinance.

(B) The Vice-Governor shall receive a monthly compensation corresponding
to Salary Grade Twenty-Hight (28) under Republic Act No. 6758 and the
implementing guidelines issued pursuant thereto,

ARTICLE IV

THE SANGGUNIANG PANLALAWIGAN

Section 13. The Sangguniang Panlalawigan —

(A)

(B)

(¢)

‘The sangguniang panlalawigan, the legislative body of the province shall be
composed of the provincial vice-governor as presiding officer, the regular
sangguniang panlalawigan members, the president of the provincial chapter
of the liga ng mga barangay, the president of the panlalawigang pederasyon
ng mga sangguniang kabataan, the president of the provincial federation of
sangguniang members of component cities and municipalit and the
sectoral representatives, as member.

In addition thereto, there shall be sectoral representatives: one (1} from the
women; and shall be determined by the sangguniang concerned within
ninety (90) days prior to the holding of the local elections, one (1) from the
agricultural or industrial workers; and one (1) from the other sectors,
including the urban poor, indigenous cultural communities, or disabled
persons.

The regular members of the sagguniang panlalawigan and the sectoral

representatives shall be elected in the manner provided for by law, and shall

receive a monthly compensation corresponding to Salary Grade Twenty ~

Seven (27) as prescribed under Republic Act No. 6758 and its implementing
want thereto

Section 14. The Provincial Legislative Function ~

(a)

‘The sangguniang panlalawigan, as the legislative body of the province, shall
enact ordinances, approve resolutions, and appropriate funds for the
general welfare of the province and its inhabitants pursuant to Section 16 of
the Local Government Code of 1991 and in the proper exercise of the
corporate powers of the province as provided for under Section 22 of the
Local Government Code of 1991, and shall:

(1) Approve all ordinances and pass resolutions necessary for an efficient
and effective provincial government, and in this connection, shall:

(a) Review all ordinances and pass resolutions necessary for an efficient
and effective provincial government;

wn


(b) Maintain peace and order by enacting measures to prevent or
suppress lawlessness, riot, violence, rebellion or sedition and impose
penalties for the violation of said ordinances;

(©) Approve ordinances imposing a fine not exceeding Five Thousand
(P5,000.00) Pesos or imprisonment not exceeding one (1) year, or
both, in the discretion of the court, for the violation of a provincial
ordinance;

(a) Adopt measures to protect the inhabitants of the province f
harmful effects of man-made or natural disasters and calamities, and
to provide relief services and assistance for victims during and in the
aftermath of said disasters or calamities and their return to
productive livelihood following said events

om the

(e) Enact ordinances intended to prevent, suppress, and impose
appropriate penalties for habitual drunkenness in public places,
vagrancy, mendicancy and prostitutions, establishment and
maintenance of houses of ill repute, gambling and other prohibited
games of chance, fraudulent devices and ways to obtain money or
property, drug addiction, maintenance of drug dens, drag pushing,
juvenile delinquency, the printing distribution, and exhibition of
obscene or pornographic materials or publications and such other
activities inimical to the welfare and morals of the inhabitants of the
provinces

() Protect th
percent of its development funds for the purpose of maintaining or
enhancing the ecological balance of the province. It may also impose
appropriate penalties for acts that endanger the environment, such
as dynamite fishing and other forms of destructive fishing, illegal
logging and smuggling of logs, smuggling of natural resources,
products and of endangered species of flora and fauna, slash and
burn farming, and such other activities that result in pollution,
acceleration of eutrophication of rivers and lakes, or of ecological
balance;

environment. To this end, it may set aside at least ten

3) Subject to the provisions of the Local Government Code of 1991, and
(a i p s t
pertinent laws, determine the powers and duties of officials. and
employees of the province;

(h) Determine the positions and salaries, wages, allowances, and other
emoluments or benefits of officials and employees paid wholly or
mainly from provincial funds, and provide for expenditures necessary
for the proper conduct of programs, projects, services, and activities
of the national government}

(i) Authorize payment of compensation to a qualified person not in the
government service who fills up a temporary vacancy, or grant

12


(2)

honorarium to any qualified official or employee designated to fill a
temporary vacancy in concurrent capacity, at the rate of authorized
by law;

(i) Provide mechanism and appropriate funds therefor to ensure the
safety and protection of all provincial government property, public
documents or records, such as those relating to property inventory,
land ownership, records of birth, marriages, death, assessments,
taxation, accounts, business permits, and such other records and
documents of public interest in the offices and departments of the
provincial government;

(kt) When the finances of the provincial government allow, provide for
addition allowances and other benefits to judges, prosecutors, public
clementary and high school teachers, and other national government
officials stationed or assigned to the province;

(| Provide legal assistance to provincial and municipal officials
including the members of the provincial police, who, in the
performance of their official duties or on the occasion thereof, have to
initiate judicial proceedings or defend themselves against legal
actions. The sangguniang panlalawigan may authorize the provincial
governor to engage the services of a private counsel for this purpose;
and

(m)Provide for group insurance coverage for all officials, including
members of barangay tanod brigades and other service units, with
public or private insurance companies, when the finances of the
provincial government allow said coverage.

Generate and maximize the use of resources and revenues for the
development plans, program of objectives and priorities of the province
as provided for under Section 18 of the Local Government Code of 1991,
with particular mention of the agro-industrial development and country-
wide growth and progress and relative thereto, shall:

(a) Enact the annual supplemental appropriation of the provincial
government and appropriate funds for specific programs, projects,
services and activities of the province or for other purposes not
contrary to law in order to promote the general welfare of the
province and its inhabitants;

(b) Subject to the provisions of Book II of the Local Government Code of
1991 and other applicable laws, and upon the majority vote of all the
members of the sangguniang panlalawigan, enact ordinances levying
taxes, fees, and other charges, prescribing the rates thereof for
general and specific purposes, and granting tax exemptions,
incentives, or reliefs;

13


() Subject to the provisions of Book II of the Local Government Code of
1991 and other applicable laws, and upon the majority vote of all the
members of the sangguniang panlalawigan, authorize the governor to
negotiate and contract loans and other forms of indebtedness;

(d) Subject to the provisions of Book II of the Local Government Code of
1991 and other applicable laws, and upon the majority vote of all the
members of the sangguniang panlalawigan, enact ordinances
authorizing the floating of bonds or other instruments of
indebtedness, for the purpose of raising funds to finance
development projects;

(e) Appropriate funds for the construction or maintenance or the rental
of building for the use of the province; and upon the majority vote of
all the members of the sagguniang panlalawigan, authorize the
provincial governor to lease to private parties such public buildings
held in proprietary capacity, subject to existing laws rules and
regulations;

() Prescribe reasonable limits and restraints on the use of property
within the jurisdiction of the province;

(g) Review the comprehensive land use plans and zoning ordinances of
component cities and municipalities and adopt a comprehensive
provincial land use plan, subject to existing laws;

(h) Reclassify lands within the jurisdiction of the province subject to the
pertinent provisions of the Local Government Code of 1991;

(i) Adopt measures to enhance the full implementation of the national
agrarian reform program in coordination with the Department of
Agrarian Reform

() Enact integrated zoning ordinances
comprehensive provincial land use plan, subject to existing laws,
rules and regulations; establish fire limits or zones, particularly in
populous centers, and regulate the construction, repair or
modification of buildings within said fire limits or zones in
accordance with the provisions of the Fire Code;

in consonance with the approved

(i) Subject to national law, process and approve subdivision plans for
residential, commercial or industrial purposes and other
development purposes, and collect processing fees and other charges,
the proceeds of which shall accrue entirely to the province: Provided,
however, that where approval of a national agency is required by law,
said approval shall not be withheld for more than thirty (30) days
from receipt of the application. Failure to act on the application

14


(3)

within the aforementioned prescribed period shall be deemed as
approval thereof;

() Subject to the provisions of Book Il of the Local Government Code of
1991 and other applicable laws, grant the exclusive privilege of
constructing fish corrals or fish pens in the province;

(m)With the concurrence of at least two-thirds (2/3) of all the members
of the sangguniang panlalawigan, grant tax exemptions, incentives,
or to entities engaged in community growth ‘including
industries, subject to the provisions of the Local Government Code of
1991;

(n) Grant loans or provide grants to other local government units or to
national, provincial, municipal charitable, benevolent, or educational
institutions operated and maintained within the province;

(0) Regulate the numbering of residential, commercial, and other
buildings; and

(p) Regulate the inspection, weighing, and measuring of articles of
commerc

Subject to the provisions of the Local Government Code of 1991, grant
franchises, approve the issuances of permits or licenses, or enact
ordinances levying taxes, fees, and charges upon such conditions and
for such purposes intended to promote the general welfare of the
inhabitants of the province, and pursuant to the legislative authority,
shall:

(a) Fix and impose reasonable fees and charges for all services rendered
by the provincial government to private persons or entities;

(b) Regulate and fix license fees for any business or practice of
profession within the province and the conditions under which the
license for said business or practice of profession may be revoked
and enact ordinances levying taxes thereon;

(c) Provide for and set the terms and conditions under which public
utilities owned by the province shall be operated by the provincial
government, and prescribe the conditions under which the same may
be leased to private persons or entities, preferably cooperatives;

(a) Regulate the display of and fix the license fees for signs, signboards,
or billboards at the place or places where the profession or business
is advertised thereby is, in whole or in part, conducted;

(e) Any law to the contrary notwithstanding, authorize and license the
establishment, operation, and maintenance of cockpits, and regulate

15


cockfighting and comm:
should not be prejudiced;

ial breeding of gamecocks. Existing rights

(f) Subject to the guidelines set by the Department of Transportation
and Communications, regulate the operation of tricycles and grant
franchises for the operation thereof within the territorial jurisdiction
of the province; and

(g) Upon approval by a majority vote of all the members of the
sangguniang panlalawigan, grant a franchise to any person,
partnership, corporation, or cooperative to do business within the
province; establish, construct, operate, and maintain ferries,
wharves, markets, or slaughterhouses; or undertake such other
activities within the province as may be allowed by existing law.

Regulate activities relative to the use of the land, buildings, and
structures within the province to promote the general welfare and for
said purpose shall:

{a) Declare, prevent, or abate nuisance;
(b) With the concurrence of a majority vote of all the members of the
angguniang panlalawigan, a quorum being present, deny the entry
of legalized gambling by ordinance into any part of the province or
egulate its location in the province;

(c) Require the buildings and the premises thereof and any land within
the province be kept and maintained in a sanitary condition, impose
penalties for any violations thereof; or upon failure to comply with
such requirements, have the work done at the expense of the owner,
administrator, or tenant concerned, and require the filling up of any
land or premises to a grade necessary for proper implementation;

of clinical and other wast
jar establishment

(a) Regulate the di
clinics ad oth

s from hospitals,

(e) Regulate the establishment, operation and maintenance of cafes,

ars, restaurants, beer, wine and liquor stores, hotels, motels, inns,
pension houses, dorms, and other similar establishments, including
tourist guides and transportation services;

(f) Regulate the sale, giving away, dispensing of intoxicating malt, vino,
or mixed or fermented liquors at any provincial retail outl

(g) Regulate the establishment and provide for the inspection of steam
boilers or any heating device on any building or structures, and the
storage of inflammation and other highly combustible materials
within the province;

16


(h) Regulate the establishment, operation and maintenance of any
entertainment or amusement facilities, including the theatrical and
stage performances, circuses, billiard pools, public dancing halls,
computer gaming cafes and bars, health and fitness spas, sauna
baths, massage parlors, and other places for entertainment or
amusement; regulate such other events or activities for amusement
or entertainment, particularly those which tend to disturb the
community or annoy the inhabitants, or require the suspension or
suppression of the same; or prohibit certain forms of amusement or
entertainment in order to protect the social and moral welfare of the
community;

’) Regulate the establishment, operation and maintenance of funeral
B
parlors and the burial or cremation of the dead, subject to existing
laws, rules and regulations;

() Regulate the establishment, operation and maintenance of gyms,
sport centers, health and fitness spas, and similar centers and
parlors, subject to existing laws, rules and regulations; and

(i) Provide for the impounding of stray animals; regulate the keeping of
animals inside homes or as part of a business, and the slaughter,
sale or disposition of the same; and adopt measures to prevent and
penalize cruelty to animals.

(5) Approve ordinances which shall ensure the efficient and effective delivery
of basic services and facilities as provided is Section 17 of the Local
Government Code of 1991 and, in addition to said services and facilities,
shall:

(a) Provide for the establishment, maintenance and protection of
communal forests and watersheds, tree parks, greenbelts,
mangroves, and other similar forest development project:

(b) Establish markets, slaughterhouses, or animal corrals and authoriz
the operation thereof by the provincial government; and regulate the
construction and operation of public markets, talipatas, or other
similar buildings or structures;

(c) Authorize the establishment, maintenanc
provincial government of ferries, wharves, and other structures
intended to accelerate productivity related to marine and seashore
and offshore activities;

and operation by the

(d) Regulate the preparation and sale of meat, poultry, fish, vegetables,
fruits, fresh dairy products, and other food stuff for public
consumption;

| a7



(c) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks
and other public places and approve the construction, improvement,
repair, and maintenance of the same; establish bus and vehicle stops
and terminals and regulate the use of the same by privately owned
vehicles which serve the public; regulate garages and operation of
conveyances for hire; designate stands to be occupied by public
vehicles when not in use; regulate the putting up of signs, signposts,
awnings and awning post on the streets; and provide for lighting,
cleaning and sprinkling of streets and public places;

(1) Regulate traffic on all, streets and bridges, prohibit encroachment or
obstacles thereon and, when necessary in the interest of public
welfare, authorize the removal of encroachments and_ illegal

settlement structures and constructions in public lands and areas;

(g) Subject to existing laws, establish and provide for the maintenance,
repair, and operation of efficient waterworks system to supply water
for the inhabitants and to purify the source of the water supply;
regulate the construction, maintenance, repair and use of hydrants,
pumps, cisterns and reservoirs; and protect the purity and quantity
of the water supply of the province;

(h) Regulate the drilling and excavation of the ground for water source,
laying of water, gas, sewer, and other pipes, and the conservation,
repair, and maintenance of public drains, sewers, cesspools, tunnels
and similar structures; regulate the placing of poles and the use of
crosswalks, curbs and gutters, adopt measures to ensure public
safety against open canals, manholes, livewires, and other similar
hazards to life and property, and regulate the construction and use of
private water closets, privies, and other similar structures. in
buildings and hom

(i) Regulate the placing, stringing, attaching, installing, repair and
construction of all gas mains, electric telegraph and electric wires
and cables, conduits, meters, support structures, and other similar
apparatus and provide for the correction, condemnation, removal of
the same when found to be dangerous to the welfare of the
inhabitants;

(i) Subject to the availability of funds and to existing laws, rules and
regulations, provide for the establishment and operation of vocational
and technical schools and other post-secondary educational
institutions; and, with the approval of the Department of Education,
and subject to the existing laws on the regulation of tuition fees, fix
reasonable tuition fees and other school charges in educational
institutions supported by the provincial government;

18



(k) Establish an education and training scholarship fund for the poor
but deserving constituents in schools located within its jurisdiction
or of students residing within the provine

()) Approve measures and adopt quarantine regulations to prevent the
introduction and spread of distress within its territorial jurisdiction;

(m)Provide for the care of paupers, the aged, the sick, persons of
unsound mind, abandoned minors, abused children, disabled
persons, juvenile delinquents, drug dependents and other needy and
disadvantaged persons, particularly children and youth below
eighteen (18) years of age; subject to the availability of funds,
establish and support the operation of centers and facilities for said
needy and disadvantaged persons and facilitate the efforts to promote
the welfare of the families below the poverty threshold, the
disadvantaged, and the exploited;

(n) Establish and provide for the maintenance and improvement of jails
and detention centers, institute a sound jail management program,
and appropriate funds for the subsistence of detainees and convicted
prisoners of the province;

(0) Establish a provincial council whose purpose is the promotion of
culiure and the arts, coordinate with government agencies and non-
governmental organizations and subject to the availability of funds
appropriate funds for the support and development of the same; and

(p) Establish a provincial council for the elderly veterans that shall
formulate policies and adopt measures mutually beneficial to the
elderly and the province; and subject to the availability of funds,
appropriate funds to support programs and projects for the elderly:
and provide incentives for non-governmental agencies and entities to
support the program and projects of the elderly.

cise such other powers and perform such other duties and
functions as provided for under the Local Government Code of 1991 and
as may be prescribed by law or ordinance.

ARTICLE V
PROCESS OF LEGISLATION
Section 15. Internal Rules of Procedures ~
(4) On the first regular session following the election of its members and

within ninety (90) days thereafter, the sangguniang panlalawigan shall
adopt its own rules of procedure.

19



(B) The rules of procedure shall provide for the following:

(1) The organization of the sanggunian and the election of its officers as

well as the creation of standing committe which shall include, but
shall not be limited to, the committees on appropriations, revenues,
engineering and public works, education and health, women and
family, human rights, youth and sports development, environmental
protection, peace and order and traffic, and cooperatives; the general
jurisdiction of each committee; and the election of the chairman and
the members of each committee;

for each se

(2) The order and calendar of busine:

(3) The legislative process;

(4) The parliamentary procedures that include the conduct of members
during the session:

(5) The discipline of members for disorderly behaviors and absences
without justifiable cause for four (4) consecutive sessions for which
they may be censured, reprimanded, or excluded from the session.

suspended for not more than sixty (60) days, or expelled: Provided,

that the penalty of suspension or expulsion shall require at least two-
thirds vote of all the saggunian members; Provided, further, that the
member convicted by final judgment to imprisonment of at least one

(1) year for any crime involving moral turpitude shall be

automatically expelled from the sanggunian; and

(6) Such other rules as the sanggunian may adopt.

Section 16, Full Disclosure of Financial and Business Interests of
Sangguniang Panlalawigan Members ~

(A) Every Sangguniang Panlalawigan member shall, upon assumption to
office, make a full disclosure of his business and financial interests. He
shall also disclose any business and financial, professional relationship,
or any relation by affinity or consanguinity within fourth civil degree
which he may have with any person, firm, or entity affected by any
ordinance or resolution under consideration by the sanggunian of which
he is a member, which relationship may result in conflict of interest.
Such relationship shall include:

(1) Ownership of stocks or capital, or investment in the entity or firm to
which the ordinance or resolution may apply; and

(2) Contracts or agreements with any person or entity which the
ordinance or resolution under consideration may affect.

20



In the absence of a specific constitutional or statutory provisions
applicable to this situation, “conflict of interest” refers in general to
one where it may be reasonably deduced that a member of the
sangguniang panlalawigan may not act in the public interest due to
some private, pecuniary, or other personal considerations that may
tend to affect his judgment to the prejudice of public service.

(B) The disclosure required under this Ac shall be made in writing and
submitted to the secretary of the sanggunian or the secretary of the
committee of which he is a member. ‘The disclosure shall, in all cases,
form part of the record of the proceedings and shall be made in the
following manr

(1) Disclosure shall be made before the member participates in the
deliberations of the ordinance or resolution under consideration:
Provided, that if the member did not participate during the
deliberations, the disclosure shall be made before voting on the
ordinance or resolution on second and third readings; and

(2) Disclosure shall be made when a member takes a position or makes
a privileged speech on a matter that may affect the business interest
financial connection, or professional relationship described hereir

Section 17. Sessions ~

(A) On the first day of session immediately following the election of its
members, the sangguniang panlalawigan shall, by resolution, fix the
day, time, and place of its regular sessions. ‘The minimum number of
regular sessions of the sangguniang panlalawigan shall be once a weel

(B) When the public interest so demands, special sessions may be called by
the provincial governor or by a majority of the members of the
sanggunian;

(C) All sanggunian session shall be open to public unless a closed-door
session is ordered by the affirmative vote of a majority of the members
present, there being a quorum, in the public interest or for re
public security, decency, or morality. No two (2) sessions, regul
special, may be held in a single day; and

(D) In the case of special sessions of the sanggunian, a write
members shall be served personally at the membe
reside st twenty-four (24) hours before the
held.

notice to the
usual place of
special session is

Unless otherwise concurred in by two-thirds (2/3) vote of the members
present, there being a quorum, no other matters may be considered at a
special session except those stated in the notice.

21



(E) The sanggunian shall kept a record and a journal of its proceeding
which may be published upon resolution of the sanggunian
panlalawigan.

Section 18. Quorum ~

(A) A majority of the members of the sanggunian who have been elected and
qualified shall constitute a quorum to transact official business. Should
a question of quorum be raised during the session, the presiding officer
shall immediately proceed to call the roll of the members and thereafter
announce the results;

(B) Where there is no quorum, the presiding officer may declare a recess
until such time that a quorum is constituted, or a majority of members
present may adjourn from day to day to compel the immediate
attendance of any member absent without justifiable cause by
designating a member of the sanggunian, to be assisted by a member of
the police force assigned in the territorial jurisdiction of the province, to
arrest the absent member and present at the session; and

(C) If there is still no quorum despite the enforcement of the provisions of
the immediate preceding subsection, no business shall be transacted,
‘The presiding officer, upon proper motion duly approved by the membe:
present, shall then declare the session adjourned for lack of quorum.

Section 19. Approval of Ordinances -

(A) Every ordinance enacted by the sangguniang panlalawigan shall be
presented to the governor. If the governor approves the same, he shall
affix his signature on each and every page thereof; otherwise, he shall
veto it and return the same with his objections to the sanggunian, which
may proceed to reconsider the same. The sanggunian may override the
veto of the governor by two-thirds (2/3) vote of all its members, thereby
making the ordinance or resolution effective for all intents and
purposes; and

(B) The veto shall be communicated by the governor to the sangguniang
panlalawigan within fifteen (15) days; otherwise, the ordinance shall be
deemed approved as if he had signed it.

Section 20. Veto power of the Governor ~

(A) The provincial governor may veto any ordinance or resolution of the
sanggunian panlalawigan on the ground that it is prejudicial to publi
weliare, stating his reasons thereof in writing;

(B) The governor shall have the power to veto any particular item or items of
an appropriation ordinance, an ordinance or resolution adopting a local
development plan, a public investment program, or an ordinance
directing the payment of money or creating liability. In such case, the
veto shall not affect the item or items which are not objected to. The

22



vetoed item or items shall not take effect unless the sangguniang
panlalawigan overrides the veto in the manner herein provided;
otherwise, the item or items in the appropriations ordinance of the

previous year corresponding to those vetoed, if any, shall be deemed re-
enacted.

(C) The governor may veto an ordinance or resolution only once. The
sanggunian may override the veto by the governor by two-thirds (2/3)
vote of all its members, thereby making the ordinance or resolution
effective even without the approval of the provincial governor.

ARTICLE VI

DISQUALIFICATION AND SUCCESSION FOR
ELECIVE PROVINCIAL OFFICIALS

Section 21. Disqualifications - The following persons are not qualified from
running for any elective position in the province:
(A) Those sentenced by final judgment for an offense involving mor
turpitude or an offense punishable by one (1) year or more imprisonment
within two (2) years after serving the sentence;

removed from olfice as a re:

(B) Thos

ult of an administrative case;

(C) Those convicted by final judgment for violating the oath of allegiance to
the republic;

(D) Those with dual citizenship;
(E) Fugitives from justice in criminal or non-political cases here or abroad;

(F) Permanent residents in a foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right after the
effectivity of the Local Government Code of 1991; and

(G) The insane or feeble-minded.

Section 22. Permanent Vacancy in the Office of the Provincial Governor —

(A) When the governor is temporarily incapacitated to perform his duties for
physical or legal reasons such as, but not limited to, leave of absence,
travel abroad, and suspension from office, the vice-governor shall
automatically exercise the powers and perform the duties and functions
of the governor, except to appoint, suspend, or dismiss employees which
can only be exercise if the period of temporary incapacity exceeds thirty
(30) working days.

23


{B) Said temporary incapacity shall terminate upon submission to the
sangguniang panlalawigan of a written declaration by the governor that
he has reported back to office. In case where the temporary incapacity
is due to legal cause, the governor shall also submit necessary
documents showing that the said legal cause no longer exist.

(©) When the provincial governor is travelling within the country but outside
the territorial jurisdiction of the province for a period not exceeding three
(3) consecutive days, he may designate in writing the office-in-charge off
his office. Such authorization shall specify the powers and functions
that the local official concerned shall exercise in the absence of the
governor except the power to appoint, suspend, or dismiss employe

(D) In the event however, that the governor fails or refuses to issue such
authorization, the vice-governor shall have the right to assume the
powers, duties and functions of the said office on the fourth day of
absence of the governor, subject to the limitations provided in
subsection (c} hereof.

(8) Except as provided above, the governor shall in no case authorize any
local official to assume the powers, duties, and functions of the office,
other than the vice-governor.

ARTICLE VIL

APPOINTIVE PROVINCIAL OFFICIALS: THEIR QUALIFICATIONS,
POWERS AND DUTIES

Section 25. The Secretary to the Sangguniang Panlalawigan —
(A) There shall be a secretary to the sangguniang panlalawigan who shall be

a career official, with the rank and salary equal to a head of department
or office;

(B) No person shall be appointed secre to the sanggunian unless he i
citizen of the Philippine lent of the local government unit
concerned, of good moral character, a holder of a master’s degree
preferably law, commerce, or public administration from a recognized
college or university, and a first grade civil service eligible or its
equivalent.

a resi

(C) Secretary to the sanggunian shall take charge of the office of the
sangguniang panlalawigan, and shall:

(1) Attend meetings of the sanggunian and keep journal of its
proceedings; f

(2) Keep the seal of the local government unit and affix the same with his
signature to all ordinances, resolutions, and other official acts of the

24



sanggunian, and present the same to the presiding officer for his
signature;

(3) Forward to the governor, for approval, copies of ordinances enacted
by the sanggunian and duly certified by the presiding officer, in the

manner provided for in Section 54 of the Local Government Code of
1991;

(4) Forward to the sangguniang bayan or sangguniang panlungsod, as
the case may be, copies of duly approved ordinances, in the manner
provided in Sections 56 and 57 of the Local Government Code of
1991;

(5) Furnish, upon the request of any interested party, certified copies of
records of public character in his custody, upon payment to the
such fees as may be prescribed by ordinance;

(6) Record in a book for the purpose, all ordinances and resolutions
enacted or adopted by the sanggunian, with the dates of passage and
publication thereof;

(7) Keep his office and all non-confidential records therein open to the
public during the usual business hours;

(8) Translate into the dialect, used by the majority of the inhabitants all
ordinances and resolutions immediately after their approval, and
cause the publication of the same together with the original version
in the manner provided under the Local Government Code of 1991;
and

(9) Take custody of the local archives and, where applicable, the local
library and annually account for the same.

(D) Exercise such powers, and perform such other duties and functions as
may be prescribed by law or ordinance relative to his position.

Section 26. The Provincial Treasurer ~

(A) The treasurer shall be appointed by the Secretary of Finance from the
list of at least three (3) ranking eligible recommendees of the governor,
subject to civil service law, rules and regulations;

(B) The treasurer shall be under the direct supervision of the governor to
whom he shall report regularly on the tax collection efforts in the local
government unit.

28


(C) No person shall be appointed treasurer unless he is a citizen of the
Philippines, a resident of the local government unit, of good moral
character, a holder of a college degree preferably in commerce, public
administration, or law from a recognized college or university, and a firs
grade civil service eligible or the equivalent. He must have acquired
experience in treasury or accounting service for at least five (5) years.

‘The appointment of the treasurer shall be mandatory.

(D) He shall take charge of the treasury office, perform the duties provided
for under Book Il of the Local Government Code of 1991, and shall;

(1) Advise the governor, or the sanggunian, as the case may be, and
other national or local officials concerned regarding the disposition of
the local government funds and on such other matters relative to
public finance

(2) Take custody and exerci
local gov

proper management of the funds of the
mment unit concerned;

(3) Take charge of the disbursement of all local government funds and
such other funds the custody of which may be entrusted to him by
law or other component authority;

(4) Inspect private commercial and industrial establishments within the
jurisdiction of the province in relation to the implementation of tax
ordinances, pursuant ‘to the provisions of Book II of the Local
Government Code of 1991;

) Maintenance and update the tax information system of the local
government unit; and

(6) Exercise technical supervision over all trea:
cities and municipaliti

sury offices of component

(8) Exercise such other powers and perform such other functions and
duties as may be preseribed by law o ordinance,

Section 27. The Provincial Assessor ~

{A) No person shall be appointed assessor unless he is a citizen of the
Philippines, a resident of the province, of good moral character, a holder
of a college degree preferably in civil or mechanical engineering,
commerce, or any other related course from a recognized college or
university, and a first grade civil service eligibility or its equivalent. He
must have experience in real property assessment work or in any related
field for at least five (5) years.

‘The appointment of the provincial assessor shall be mandatory.

26


(B) The assessor shall take charge of the as

essor’s office, perform the
duties provided for under Book Il of the Local Government Code of 1991,
and shall:

(1) Ensure that all laws and policies governing the appraisal and
assessment of real properties for taxation purposes are properly
executed;

(2) Initiate, review, and recommend changes in policies and objectives,
plans and programs, techniques, procedures, and practices in the
valuation and assessment of real properties for taxation purposes;

(3) Establish a systematic method of real property assessment;

(4) Install and maintain a real property identification and a
system;

counting

(5) Prepare, install, and maintain a sys
graphically all properti
concerning the sam:

em of tax mapping, showing
subject to assessment and gather all data

(6) Conduct frequent physical surveys to verify and determine whether
all, real properties within the province are properly listed in the
assessment rolls;

(7) Exercise the functions of appraisal and assessment primarily for
taxation purposes of all properties in the province;

(8) Prepare the schedule of the market value for the different classes of

real properties, in accordance with Title II, Book II, of the Local
Government Code of 1991;

(9) Issue, upon request of any interested party, certified copies of
assessment records of real property and all other records relative to
its assessment, upon payment of a service charge or fee to the
treasurer;

(10) Submit every semester a report of all assessment, as well as
cancellations and modifications of assessments to the governor and
the sangguniang panlalawigan; and

(11) Exercise technical supervision and visitorial functions over all
component cities and municipal assessors, coordinate with
component city or municipal assessors in the conduct of tax mapping
operations and all other assessment activities, and provide all forms
of assistance therefor; Provided, however, that, upon full provision of
the component city or municipality concerned to its assessor's office

a


of the minimum personnel, equipment, and funding requirements as
may be prescribed by the Secretary of Finance, such functions shall
be delegated to the municipal assessor.

(C) Exercise such other powers and perform such other duties and
functions as may be described by law or ordinance.

Section 28. The Provincial Accountant ~

(A) No person shall be appointed accountant unless he is a citizen of the
Philippines, a resident of the province, of good moral character, and a
certified public accountant. He must have acquired experience in the
treasury or accounting service for at least five (5) years.

‘The appointment of a provincial accountant shall be mandatory.

(B) The accountant shall take charge of both the accounting and internal
audit service of the province, and shal

(1) Install and maintain an internal audit

stem in the province;

(2) Prepare and submit financial statements to the governor and to the
sangguniang panlalawigan;

(3) Apprise the sanggunian and other local government officials on the
financial condition and operation of the provincial government;

(4) Certify to the availability of budgetary allotment — to which
expenditures and obligations may be properly charged;

(5) Review supporting documents before preparation of vouchers to
determine completeness of requirements;

(6) Prepare statements of
allowances, reimbui
provincial government;

ash advances, liquidation, — salaries,
ments, and remittances pertaining to. the

(7) Prepare statement of journal vouch:
and other adjustments related thereto;

s and liquidation of the same

(8) Post individual disbursements to the subsidiary ledger and index
cards;

(9) Maintain individual ledgers for officials and employees of the
provincial government pertaining payrolls and deductions;

28


(10) Record and post in index cards details of purchased furniture,
fixtures and equipment, including disposal thereof, if any.

(11) Account for alll issued requests for obligations and maintain and
keep all records and reports related thereto; and

(12) Prepare journals and the analys
keep all r

of obligatio:
cords and reports related thereto,

and maintain and

(C) Exercise such other powers and perform such other functions and
duties as may be provided by law or ordinance

Section 29, The Provincial Budget Officer —

(A) No person shall be appointed budget officer unless he is a citizen of the
Philippines, a resident of the province, of good moral character, a holder
of a college degree preferably in accounting, economics, public
administration, or any related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He

have acquired experience in government budgeting or in any
related field for at least five.(5) years.

The appointment of a provincial budget officer shall be mandatory.
(B) The budget officer shall take charge of the budget office, and shall :
(1) Prepare forms, orders, and circulars, embodying instruction on

budgetary and appropriation matters for the signature of the
governor;

(2) Review and consolidate the budget proposals of different departments
and offices of the province;

(3) Assist the governor in the preparation of the budget and during the
budget hearings;

(4) Study and evaluate budgetary implications of proposed legislation
and submit comments and recommendations thereon;

(5) Submit periodic budgetary reports to the Department of Budget and
Management;

(6) Coordinate with the treasurer, the accountant, and the planning and
development coordinator for the purpose of budgeting;

29



(7) Assist the sangguniang panlalawigan in reviewing the approved
budgets of component cities and municipalities; and

(8) Coordinate with the planning and development coordinator in the
formulation of the provincial development plan.

(C) Exercise such other powers and perform such other duties and
functions as may be prescribed by law of ordinance,

(D) The appropriations for personal services of the budget officer shall be
provided for in full in the annual budget of the provincial government,

Section 30, The Provincial Planning and Development Coordinator —

(A) No person shall be appointed planning and development coordinator
unless he is a citizen of the Philippines, a resident of the province, of
good moral character, a holder of a college degree preferably in urban
planning, development studies, economics, public administration, or any
related course from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have acquired experience
in the development planning or any related field for at least five (5) years.

‘The appointment of a planning and development coordinator shall be
mandatory to the provincial government.

(B) The planning and development coordinator shall take charge of the
planning and development office, and shall

(1) Formulate integrated, economic, social, physical, and other
development plans and policies for consideration of the local
government development council;

(2) Conduct continuing: studies, researches, and training programs
necessary to evolve plans and programs for implementation;

(3) Integrate and coordinate all sectoral plang
by the diffe:

s and studies undertaken
ent functional groups and agencies;

(4) Monitor and evaluate the implementation of the different
development programs, projects and activities in the province in
accordance with the approved development plan;

(5) Prepare comprehensive plans and other development planning
documents for the consideration of the provincial development
council;

(6) Analyze the income and expenditure patterns, and formulate and
recommend fiscal plans and policies for consideration of the finance
committee of the province;

30


(7) Promote people participation in development planning within the
province; and

(8) Exercise supervision and control over the secretariat of the provincial
development council.

(C) Exercise such other powers and perform such other functions and
duties as may be prescribed by law or ordinance.

Section 31. The Provincial Engineer —

(A) No person shall be appointed as provincial engineer unless he is a
citizen of the Philippines, a resident of the province, of good moral
character, and a licensed civil engineer. He must have acquired
experience in the practice of his profession for at least five (5) years.

‘The appointment of the Provincial Engineer shall be mandatory.

{B) The provincial engineer shall take charge of the engineering office, and
shall:

(1) Initiate, review, and recommend changes in policies and objectives,
plans, and programs, techniques, procedures, and practice in
infrastructure development and public works in general of the
province;

(2) Advise the governor on infrastructure, public works, and other
engineering matters;

(3) Administer, coordinate, supervise, and control the construction,
maintenance, improvement, and repair of roads, bridges, and other
engineering and public works projects of the province;

(4) Provide engineering services to the province, including investigation
and survey, engineering designs, feasibility studies, and project
management; and

(5) Exercise technical supervision over all engineering offic
component cities and municipalities.

of

(©) Exercise such other powers and perform such other functions as may be
prescribed by law or ordinance

Section 32. Provincial Health Officer ~

(A) No person shall be appointed health officer unless he is a citizen of the
Philippines, of good moral character and a licensed medical practitioner.
He must have acquired experience in the practice of his profession for at
least five (5) years.



The appointment of a provincial health officer

hall be mandatory,

(B) The provincial health officer shall take charge of the office on health

services, and shall:

()

(2)

(3)

(4)

Supervise the personnel and staff of said office, formulate program
implementation guidelines and rules and regulations for the
operation of the said office for the approval of the governor, in order
to assist him in the efficient, effective, and economical
implementation of health services program geared towards the
implementation of health related projects and ac

Formulate measures for the consideration of the sangguniang
panlalawigan and provide technical assistance and support to th
governor in. carrying out activities to ensure the delivery of basic
services and provision of adequate facilities relative to health services
provided for under Section 17 of the Local Government Code of 1991;

Develop plan and_ strat and, upon approval thereof by the
governor, implement the same particularly those that have to do with
health programs and projects that the governor is empowered to
implement and which the sanggunian is empowered to provide under
the Local Government Code of 1991;

In addition to the foregoing duties and functions, the health officer
shall:

(a) Formulate and implement policies, plans, programs, and projects

to promote the health of the people of the province;

(b) Advise the governor and the sanggunian on matters pertaining to
health;

(c) Execute and enforce all laws, ordinance:
to public health;

and regulations relating

(4) Recommend to the sanggunian, through the provincial he
board, the passage of such ordinances as he may deem neces:
for the preservation of public health;

Ith
ary

(e) Recommend the prosecution of any violation of s
ordinances, and regulation:

anitary laws,

()) Direct the sanitary inspection of all business establishments
selling food items or providing accommodations such as hotels,
motels, lodging houses, pension houses, and the like, in
accordance with the Sanitation Code.

32


(g) Conduct health information campaign and render health
intelligence servic

(h) Coordinate with other government agencies and non-
governmental organizations involved in the promotion and
delivery of health services; and

(i) Exercise general supervision over health offices of component
cities and municipalities.
5) Be in the frontline of the delivery of health services, particularly
y P

during and in the aftermath of man-made and natural disasters and
calamities.

(C) Exercise such other powers and perform such other functions as may be
preseribed by law or ordinance.

Section 33. The Provincial Civil Registrar —

(A) No person shall be appointed civil registrar unless he is a citizen of the
Philippines, of good moral character, a resident of the province, a holder
of a college degree from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in civil registry work for at least five (5) years,

The appointment of a provincial civil registrar shall be mandatory.

(B) The civil registrar shall be responsible for the civil registration program
in the province, pursuant to the Civil Registry Law, the Civil Code, and
other pertinent laws, and rules and regulations issued to implement
them.

‘The civil registrar shall tak
shal

charge of the office of the civil registry, and

(1) Develop plans and strategies and upon approval by the governor,
implement the same, particularly those that have to do with the civil
registry programs and projects that the governor and the sanggunian
is empowered to provide under the Local Government Code of 199 Ls:

(2) In addition to the foregoing functions, the Civil Registrar shall:

(a) Accept all registrable documents and judicial decrees affecting the
civil status of persons;

(b) File, keep, and preserve in a secure place the books required by
law;

33


(c) Transcribe and enter immediately upon receipt all registrable
documents and judicial decrees affecting the civil status of the
persons in the appropriate civil registry books;

{d) Transmit to the Office of the Civil Registrar-General, within the
prescribed period, duplicate copies of +
quired by law;

egistered documents

(c) Issuc certified transcripts or copies of any certificate or registered
documents upon payment of the prescribed fees to the treasurer;

(| Receive applications for the issuance of a marriage license and
after determining that the requirements and supporting
certificates and publication thereof for the prescribed period have
been complied with issue the license upon payment of the
authorized fee to the treasurer; and

(2) Coordinate with the National Statistics Office in conducting
educational campaigns for vital registration and assist in the
preparation of demographic and other statistics for the province,

(C) Exercise such other powers and perform such other functions and
duties as may be prescribed by law or ordinance.

Section 34. The Provincial Administrator —

(A) No person shall be appointed administrator unless he is a citizen of the
Philippines, a resident of the province, of god moral character, a holder
of a college degree preferably in public administration, law or any related
course from a recognized college or university, and a first grade civil
service cligible or its equivalent. He must have acquired experience in
management and administration work for at least five (5) yeai

‘The term of the administrator is coterminous with that of his appointing
authority.

The appointment of an administrator shall be mandatory,

(8) The administrator shall take charge of the office of the administrator,
and shall:

(1) Develop plans and strategies and, upon approval thereof by the
governor, implement the same, particularly those which have to do
with the management and administration-related programs and
projects which the governor is empowered to implement and whic
the sanggunian is empowered to provide for under the Local
Government Code of 1991,

(2) In addition to the foregoing duties and functions, the administrator
shall:

34


(a) Assist in the coordination of the work of all the officials of the
province, under the supervision, direction, and control of the
governor, and for this purpose, he may convene the chiefs of
offices and other officials or the province;

(b) Establish and maintain a sound personnel program for the
province designed to promote career development and uphold the
merit principle in the province; and

(c) Conduct a continuing organizational development of the province
with the end in view of instituting effective administrative reforms.

(3) Be in the frontline of the delivery of administrative support services,
particularly those related to those situations during and in the
aftermath of man-made and natural disasters and calamities; and

(4) Recommend to the sanggunian and advise the governor on all other
matters relative to the management and administration of the
province.

(C) Exercise such other powers and perform such other duties and
functions as may be prescribed by the law or ordinance.
Section 35. The Provincial Legal Officer ~
{A) No person shall be appointed legal officer unless he is a citizen of the
Philippines, a resident of the province, of good moral character and a
member of the Philippine Bar. He must have practiced his profession for

at least five (5) years.

The term of the legal office shall be coterminous of that of his appointing
authority.

The appointment of a legal officer shall be mandatory.

(B) The legal officer, the chief legal counsel of the province, shall take care of
the office for legal services, and shall:

(1) Formulate measures for the consideration of the sanggunian and
provide legal assistance and support to the governor in carrying out
the delivery of the basic services and services of adequate facilities as
provided for under Section 17 of the Local Government Code of 1991;

(2) Develop plans and strategies and, upon approval thereof by the
governor, implement the same, particularly those which have to do
with programs and projects related to legal services which the
governor is empowered to implement and which the sanggunian is
empowered to provide for under Local Government Code of 1991;

35



(3) In addition to the foregoing duties and functions, the legal officer
shall:

(a) Represent the province in all civil actions and special proceedings
wherein the province or any official thereof, in his official capacity
is a party: Provided, that, actions or proceedings where a
component city or municipality is a party adverse to the provincial
government or to another component city or municipality, a
special legal officer may be employed to represent the adverse
party;

(b) When required by the governor or the sanggunian, draft
ordinances, contracts, bonds, leases, or other instruments,
involving any interest of the province; and provide comments and
recommendations on any instruments already drawn;

(c) Render his opinion in writing on any question of law when
requested to do by the governor or the sanggunian;

(d) Investigate or cause to be investigated any provincial officer or
employee for administrative neglect or misconduct in office and
recommend appropriate action to the governor or sangguniang
panlalawigan;

(ce) Investigate or cause to be investigated any person, firm or
corporation holding any franchise or exercising any public
privilege for failure to comply with any term or condition in the
grant of such franchise or privilege and recommend appropriate
action to the governor or the sanggunian;

() When directed by the governor or sanggunian, initiate and
prosecute, in the interest of the province, any civil action on any
bond, lease, or other’ contract upon any breach or violation

(g) Review and submit recommendation on ordinances approved and
executive orders issued by component municipalities.

(4) Recommend measures to the sangguniang panlalawigan and advise
the governor on all other matters related to the upholding of th
of law; and

ule

(5) Be in the front line of protecting human rights and prosecuting any
violations thereof, particularly those which occur during and in the
aftermath of man-made or natural disasters and calamities.

(C) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

36


Section 36. The Provincial Agriculturist -

(A) No person shall be appointed agriculturist unless he is a citizen of the
Philippines, a resident of the province, of good moral character, a holder
of a college degree in agriculture or any related course from a recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in a related field for at
least five (5) years,

‘The appointment of a provincial agriculturist shall be man

ory.

(B) The agriculturist shall take charge of the office for agricultural services,
and shall:

(1) Formulate measures for the approval of the sanggunian and provide
technical assistance and support to the governor in carrying out said
measures and to ensure delivery of basic services as provided for
under Section 17 of the Local Government Code of 1991;

(2) Develop plans and strategies and, upon approval thereof by the
governor, implement the same, particularly those which have to do
with agricultural programs and projects which the governor is
empowered to implement and which the sanggunian is empowered to
provide under the Local Government Code of 1991;

(3) In addition to the foregoing duties and functions, the agriculturist

(a) Ensure that maximum assistance and access to resources in the
production, processing, and marketing of agricultural and aqua-
cultural and marine products are extended to farmers, fishermen
and local entrepreneurs;

(b) Conduct or cause to be conducted located-specific agricultural
researches and assist in making available the appropriate
technology arising out of and disseminating information. on bas
research on crops, prevention and control of plant diseases and
pests, and other agricultural matters which will maximize
productivity;

(c) Assist the governor in the establishment and extension services of
demonstration farms or aqua-culture and marine products

(a) Enforce rules and regulations relating agriculture and
aquaculture; and

(c) Coordinate with government agencies and non-government
organizations that promote agricultural productivity through
appropriate technology compatible with environmental integrity.

37


(4) Be in the frontline in the delivery of basic agricultural services,
particularly those needed for survival of the inhabitants during and
in the aftermath of man-made and natural disasters and calamities;
and

(5) Recommend to the sanggunian and advise the governor on all
matters related to agriculture and aquaculture that will improve the
livelihood ancl living conditions of the inhabitants.

(C) Bxercise such other powers and per

form such other functions as may be
prescribed by law or any ordinance.

Section 37, The Provincial Social Welfare and Development Officer —

(A) No person shall be appointed social welfare and development officer
unless he is a citizen of the Philippines, a resident of the province, of
good moral character, a holder of a college degree in agriculture or any
related course from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have acquired in a related
field for at least five (5) years.

‘The appointment of a provincial social development officer shall be
mandatory.

(B) The social welfare and development officer shall take charge of the office
‘on social welfare and development services, and shall:

(1) Formulate measures for the approval of the
technical assistance and support to the governor in carrying out
measures to ensure the delivery of basic services and provision of
adequate facilities relative to social welfare and development services
as provided under Section 17 of the Local Government Code of 1991;

anggunian and provide

(2) Develop plans and strategies and, upon approval thereof by the
governor, implement the same particularly those which have to do
with social welfare programs and projects which the governor is
empowered to implement and which the sanggunian is empowered to
provide under the Local Government Code of 1991;

(3) In addition to the foregoing dut
development officer shall:

s, the provincial social welfare and

(a) Identify the basic needs of the needy, the disadvantaged and the
impoverished and develop and implement appropriate measures
to alleviate their problems and improve their living conditions;

(b) Provide relief and appropriate crisis intervention for victims of
abuse and exploitation and recommend appropriate measures to
deter further abuse and exploitation;

38


(c) Assist the governor in implementing the barangay level program
for the total development and protection of children up to six (6)
years of age;

(d) Facilitate the implementation of welfare programs for the
disabled, the elderly, and victims of drug addiction, the
rehabilitation of prisoners and parolees, the prevention of juvenile
delinquency, and such other activities which would eliminate or
minimize the ill effects of poverty;

(e) Initiate and support welfare programs that will enhance the role of
the youth in nation building; and

(f) Coordinate with government agencies and non-governmental
organizations that have for their purpose the promotion and
protection of all the needy, disadvantaged, underprivileged and
impoverished groups or individuals, particularly those identified
to be vulnerable and high-risk to exploitation, abuse and neglect;

(4) Be in the frontline of service delivery, particularly those that have to
do with immediate relief during and assistance in the aftermath of
man-made and natural disasters and calamities; and

(5) Recommend to the sanggunian and advise the governor on all
matters related to social welfare and development service which will
improve the livelihood and living conditions of the inhabitants.

(C) Exercise such other powers and perform such other functions
duties as may be prescribed by law or ordinance.

and

Section 38. The Provincial Environment and Natural Resources Officer —

(A) No person shall be appointed provincial environment and natural
resources officer unless he is a citizen of the Philippines, a resident of
the province, of good moral character, a holder of college degree
preferably in environment, forestry, agriculture, or any related course
from a recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in
environment and natur management, protection,
conservation and ut past five (5) years.

‘The appointment of a provincial environment and natural resources officer
shall be mandatory.

(B) The provincial environment and natural resources officer shall take
charge of the office of the environment and natural resources, and shall:

39


(1) Formulate measures for the consideration of the sanggunian and
provide technical assistance and support to the governor in carrying
out measures to ensure the delivery of basic services and provision of
adequate facilities relative to environment and natural resources
services as provided for under Section 17 of the Local Government
Code of 1991;

(2) Develop plans and strategies and, upon approval thereof by the
governor, implement the same, particularly those that have to do
with environment and natural resources programs and_ projects
which the governor is empowered to implement and which. the
sanggunian is empowered to provide under the Local Government
Code of 1991;

(3) In addition to the foregoing duties and functions, the environm
and natural resources officer shall:

(a) Ensure the maximum assistance and access to resources in the
production, processing and marketing of agricultural and aqua-
cultural and marine products are extended to farmers, fishermen
and entrepreneurs;

(b) Establish, maintain, protect and preserve communal forests,
watersheds, tree parks, mangroves, greenbelts, commercial
.forests, and other similar forest projects like industrial tree farms
and agro-forestry projec

(c) Provide extension services to beneficiaries of forest development
projects and technical, financial and infrastructural assistance;

(d) Manage and maintain si
forests and tree parks;

d banks and produce seedlings for

(ec) Provide extension services to beneficiaries of forest development
projects and render assistance for natural resources-relate
conservation and utilization activities consistent with ecolog
balance;

() Promote small-scale mining and utilization of mineral resources,
particularly mining gold; and

(g) Coordinate with government agencies and non-governmental
organization in the implementation of measures to p and
control land, air, and water pollution with the assistance of the
Department of Environment and Natural Resources.

(4) Be in the frontline of the delivery of basic services concerning
environment and natural resources, particularly in the renewal and

40


(C) Exercise such other powers and per

{5) Recommend to the sanggunian and advise the governor on all
matters related to the protection, conservation, maximum utilization,
application of appropriate technology, and other matters-related to
environment and natural resources.

n such other functions and
duties as may be prescribed by law or ordinance.

Section 39. The Provincial Veterinarian ~

{A) No person shall be appointed provincial veterinarian unle:

he is a
citizen of the Philippines, a resident of the province, of good moral
character, a licensed doctor or veterinary medicine, and a first grade civil
service eligible or its equivalent. He must have practiced his profession
for at least five (5) years.

The appointment of a provincial veterinarian shall be mandatory.

(B) The provincial veterinarian shall take charge of the office of the

veterinary services, and shall:

(1) Formulate measures for the consideration of the sanggunian and
provide technical assistance and support to the governor in carrying
out measures to ensure the delivery of basic services and provision of
adequate facilities pursuant to Section 17 of the Local Government
Code of 1991;

(2) Develop plans and strategies and, upon approval thereof by the
governor, implement the same, particularly those that have to do
with veterinary-related activities which the governor is empowered to
implement and which the sanggunian is empowered to provide under
the Local Government Code of 1991;

(3) In addition to the foregoing duties and functions, the provincial
veterinarian shall

(a) Advise the governor on all matters pertaining to the slaughter of
nimals for human consumption and regulation of slaughter
house:

(b) Regulate the keeping of domest

(c) Regulate and inspect poultry, milk, and dairy products for public
consumption;

(d) Enforce all laws and regulations for the prevention of cruelty to
animals; and

41


(c) Take the necessary measur
forms of animal diseases,

s to eradicate, prevent, or cure all

(4) Be in the frontline of veterinary-related activities, such as in the
outbreak of highly contagious and deadly diseases and in the
situations resulting in the depletion of animals for work and human
consumption, particularly those arising from and in the aitermath of
man-made and natural disasters and calamities; and

. (5) Recommend to the sanggunian and advise the governor on all
matters related to veterinary services that will increase the number
and improve the quality of livestock, poultry, and other domestic
animals used for work or human consumption.

Section 40. The Provincial General Services Officer —

(A) No person shall be appointed general services officer unless
citizen of the Philippines, a resident of the province, of good moral
character, a holder of college degree preferably in public
administration, business administration, management, or any related
course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience
in general services, including management of supply, property, solid
waste disposal, and general sanitation for at least five (5) years.

‘The appointment of a provincial general services officer shall be mandatory.

(B) The provincial general servic
general services, and shall:

officer shall take charge of the office of

(1) Formulate measures for the consideration of the sanggunian and
provide technical assistance, and support to the governor in
carrying out measures to ensure the delivery of basic services and
provision of adequate facilities pursuant to Section 17 of the Local
Government Code of 1991, and those that require general services
expertise and technical support services;

(2) Develop plan and strategies and, upon approval thereof by the
governor, implement the same, particularly those that have to do
with general services supportive to the welfare of the inhabitants
which the governor is empowered to implement and which the

anggunian is empowered to provide under the Local Government
Code of 1991;

(3) In addition to the foregoing duties and functions, the general
services officer sha

(a) Take custody of and be accountable for all properties, real and
personal, owned by the provincial government and those
granted to him in the form of donation, reparation, assistance
and counterpart of joint projects;

42


(b) With the approval of the governor, assign building or land
space to provincial officials or other public officials, who by law
are entitled to such space;

(c) Recommend to the governor reasonable r
government properties whether real or per
leased to public of private
government;

ntal rates for local
‘sonal which will be
by the provincial

(4) Recommend to the governor the reasonable rental rate of
private properties that may be leased for the official use of the
provincial government;

(e) Maintain and s

pervise janitorial, security, landscaping, and
other related services in all local government public buildings
and other real property, whether owned or leased by the
provincial government;

() Collate and disseminate information regarding _ prices,
shipping, and other costs of supplies and other items
commonly used by the provincial government;

{g) Perform archival and record management with respect to
records of offices and departments of the province; and

(h) Perform all other functions pertaining to supply and property
management heretofore performed by the local government's
treasurer and enforces policies on records creation,
maintenance, and disposal.

(4) Be in the frontline of general services-related activities, such as
the possible or imminent destruction or damage to records
supplies, properties, and structure and the orderly and sanitary
clearing up of waste materials or debris particularly those arising
from and in the aftermath of man-made and natural disasters and
calamities; and

(5) Recommend to the sanggunian and advis.
matters related to general services

the governor on all

(C) Exercise such other powers and perform such other
duties as may be prescribed by law or ordinance.

functions,

Section 41. The Provincial Cooperatives Officer —

(A) No person shall be appointed provincial cooperatives officer unless he is
a citizen of the Philippines, a resident of the province, of good moral

43


character, a holder of college degree preferably in business
administration course with special training on cooperatives or any
related course from a recognized college or university, and a first grade
civil service eligibility or its equivalent. He must have experience in
cooperatives organization and management for at least five (5) years.

‘The appointment of a provincial cooperatives officer shall be mandatory.

(B) The cooperatives officer shall take charge of the office for the
development of cooperatives, and shall:

(1) Formulate measures for the consideration of the sanggunian and
provide technical assistance and support to the governor in carrying
out measures to ensure the delivery of basic services and provision of
adequate facilities through the development of cooperatives, and in
providing access to such services and facilities;

(2) Develop plans and_ strategi nd, upon approval thereof by the
governor, implement the same, particularly those that have to do
with integration of cooperatives principles and methods in program
where the governor is empowered to implement and which the
sanggunian is empowered to provide under the Local Government
Code of 1991;

(3) In addition to the foregoing duties and functions, the cooperatives

officer shall:

(a) Assist in the organization of cooperative:

(b) Provide technical and other form of assistance to existing
cooperatives to enhance their viability as an economic enterprise
and social organization; and

(c] Assist cooperatives in establishing linkages with government
agencies and non-governmental organization involved in the
promotion and integration of the concept of cooperatives in the
livelihood of the people and other community activities.

(4) Be in the frontline of cooperatives organization, rehabilitation, or
viability enhancement, particularly during and those arising from
and in the aftermath of man-made and natural disasters and
calamities, to aid in their survival and, if necessary, subsequent
rehabilitation; and

(5) Recommend to the sanggunian and advise the governor on all
matters relative. to cooperatives development and viability
enhancement which will improve the livelihood and quality of life of
the inhabitants.

(C) Exercise such other powers and perform such other functions and
duties as may be prescribed by law or ordinance.

44



Section 42. The Provincial Architect ~

(A) No person shall be appointed architect unless he is a citizen of the
Philippines, a resident of the province, of good moral character, and a
duly licensed architect. He must have practiced his profession for at
least five (5) years. .

‘The appointment of a provincial architect shall be mandatory.

(B) The provincial architect shall take charge of the office on architectural
P
planning and design, and shall:

Q)

(2)

Formulate measures for the consideration of the sanggunian and
provide technical assistance and support to the governor in carrying
out measures to ensure the delivery of basic services and provision of
adequate facilities relative to architecture planning and design as
provide for under the Local Government Code of 1991;

Develop plans and strategies and, upon approval thereof by the
governor, implement the same, particularly those that have to do
with architectural planning and design programs and projects which
the governor is empowered to implement and which the sanggunian
is empowered to provide under the Local Government Code of 1991;

In addition to the foregoing duties and functions, the provincial
architect shall:

(a) Prepare and recommend for consideration to the sanggunian the
architectural plan and design for the province or part thereof,
including the renewal of slums and blighted areas, land
reclamation activities, the greening of land, and appropriate
planning of marine and foreshore areas;

(b) Review and recommend for appropriate action of the sanggunian
and the governor, the architectural design and plan submitted by
governmental or non-governmental entities or individuals,
particularly those for the undeveloped; underdeveloped and
poorly-designed areas; and

() Coordinate with government agencies and non-governmental
entities and individuals involved in the aesthetics and the
maximum utilization of the land and water within the jurisdiction
of the province, compatible with environmental integrity and
ecological balance.

(4) Be in the frontline of the delivery of basic services involving

architectural planning and design particularly those related to the
redesigning of spatial distribution of basic facilities and physical
structures during and those arising from and in the aftermath of
man-made and natural disasters and calamities; and

45


(5) Recommend to the sanggunian and advise the governor on all
matters related to the architectural planning and design as it relates
to the total socio-economic development of the province.

(©) Exercise such other powers and perform such other functions and
duties as may be prescribed by law or ordinance.

Section 43. The Provincial Population Office -

(A) No person shall be appointed provincial population officer unless he is a
citizen of the Philippines, a resident of the province, of good moral
character, a holder of college degree preferably in business
administration course with special training on cooperatives or any
related course from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have experience in the
implementation of programs on population development or responsible
parenthood for at least five (5) years.

The appointment of a provincial population officer shall be optional.

(B) The population officer shall take charge of the office on population
development, and shall:

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the governor in carrying out
measures to ensure the delivery of basic services and provision of
adequate facilities relative to the integration of the population
development principles and in providing access to said services and

facilitie

(2) Develop plans and strategies and, upon approval thereof by the
governor, implement the same, particularly those which have to do with
the integration of population development principles and methods in
programs and projects which the governor is empowered to’ implement
and which the sanggunian is empowered to provide under the Local
Government Code of 1991;

(3) In addition to the foregoing dutie
shall:

and functions, the population officer

(a) Assist the governor in the implementation of the constitutional
provisions relative to population development and the promotion of
responsible parenthood;

(b) Establish and maintain an updated data bank for program
operations, development planning and an educational program to
ensure the people's participation in and understanding of population
development; and

46


() Implement appropriate training programs responsive to the cultur:
heritage of the inhabitants.

(C) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

Section 44. The Provincial Information Officer —

{A) No person shall be appointed provincial information officer unless he is a
citizen of the Philippines, a resident of the province, of good moral
character, a holder of college degree preferably in journalism, mass
communications, or any related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He
must have experience in writing articles and research papers, or in
writing for print, television, or broadcast media for at least five (5) y

‘The appointment of a provincial information officer shall be optional.

of the offic

(B) The information officer shall take charge
information, and shall:

on public

(1) Formulate measures for the consideration of the sanggunian and
provide technical assistance and support to the governor in providing
the information and research data required for the delivery of basic
services and provision of adequate facilities so that the public
becomes aware of said service and may fully avail of the same;

8

Develop plans and strategies and, upon approval thereof by the
governor, implement the same, particularly those which have to do
with public information and research data to support programs and
projects which the governor is empowered to implement and which
the sanggunian is empowered to provide under the Local Government
Code of 1991;

(3)

In addition to the foregoing duties and functions, the information
officer shall:

(a) Provide relevant, adequate, and timely information to the
provincial government and its residents;

(b) Maintain effective liaison with the various sectors of the
community on matters and issues that affect the livelihood and
the quality of life of the inhabitants and encourage support for
programs of the local and national government;

(c) Assist the governor in the establishment, maintenance, and
promotions of local area tourism programs and projects; and

() Furnish information and data on the province to government
agencies or offices as may be required by law or ordinance and

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non-governmental organization to be furnished to said agencies
and organizations.

(4) Be in the frontline in providing information during and in the
aftermath of man-made and natural disasters and calamities, with
special attention to the victims thereof, to help minimize injuries and
casualties during and after emergency, and accelerate relief and
rehabilitation; and

(5) Recommend to the sanggunian and advise the governor on all other
matters relative to public information and research data as it relates
to total socio-economic development of the province,

(C) Bxercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

ARTICLE VIIL
THE PROVINCIAL FIRE STATION, THE PROVINCIAL JAIL,

THE PROVINCIAL SCHOOL DIVISION AND THE
PROVINCIAL PROSECUTION SERVICE

Section 45. The Provincial Fire Station Service ~

(A) There shail be established ‘in the province at least five (5) fire stations
with adequate personnel, firefighting facilities, and equipment, by the
Department of the Interior and Local Government (DILG), within two (2)
months upon the commencement of the corporate existence of the new
province. The provincial government shall provide the necessary land or
site of the provincial fire stations.

(B) The provincial fire station service shall be headed by a provincial fire
marshall whose qualifications shall be as those provided for under
Republic Act No. 6975, otherwise known as the “Department of the
Interior and Local Government Act of 1990”.

(C) The provincial fire stations shall be responsible for the protection and
various emergency services such as rescue and evacuation or injured
people at fire-related incidents and, in general, fire prevention, and
suppression measures to secure the safety of life and property of the
citizenry.

Section 46. The Provincial Jail Service ~

(A) There shall be established and maintained in the province, within two (2)
months from the commencement of the corporate existence of the
province, by the Department of Interior and Local Government a
secured, clean, adequately equipped, and sanitary jail facility for the

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custody and safekeeping or prisoners, any fugitive from justice, or
person detained awaiting investigation or trial and/or transfer to the
national penitentiary, and or violent mentally ill person who endangers
himself or the safety of others, duly certified as such by the proper
medical health officer, pending the transler to a mental institution.

(B) The provincial jail service shall be headed by a provincial jail warden
who must be a graduate of four (4) year course in psychology,
psychiatry, sociology, nursing, social work, or criminology who shall
assist in the immediate rehabilitation of individuals or detention of
prisoners. Great care must be exercised so that human rights of these
prisoners are respected and protected, and their spiritual and physical
well-being is properly and promptly attended to.

Section 47. The Provincial School Division ~

(A) The Department of Education shall, within two (2) months from the
commencement of the corporate existence of the province herein created,
establish and maintain a separate school division in the province whose
jurisdiction shall cove the municipalities under the lone legis

of the province.

ative

(B) The provincial school division shall be headed by a division
superintendent who must possess the neces:
by the Department of Education.

ary qualification required

Section 48. The Provincial Prosecution Service -

{A) There shall be established and maintain a prosecution service by the
Department of Justice, within two (2) months from the cominencement
of the corporate existence of the province herein created, which shall be
headed by a provincial. prosecutor and such number of assistant
prosecutors as may be necessary, who shall be organizationally part of
the Department of Justice, and under the supervision of the S
the Department of Justice, and whose
appointment, rank, salary, and benefits
laws covering pros

cretary of

qualifications, manner of
hall be governed by existing
cutors in the Department of Justice.

(B) The provincial prosecutor shall handle the criminal prosecution in the
municipal trial courts for criminal cases originating in the territory of the
province, and shall render to and for the province such other services as
are required by law or regulation of the Department of Justice.

ARTICLE IX

TRANSITORY AND FINAL PROVISIONS
Section 49. Plebiscite - The Province of Zamboanga Hermosa shall be created,

as provided for in this Act, upon approval by a majority of the votes cast by the
voters of the affected areas in the plebiscite to be conducted and supervised by

49


the Commission on Election within sixty (60) days from the date of effectivity of
this Act.

Section 50, Commencement of Corporate Existence - The Province of
Zamboanga Hermosa shall commence its corporate existence upon the election
and qualification of the governor, vice-governor, and majority of the members of
the sangguniang panlalawigan.

Section 51. Officials of the Province of Zamboanga Hermosa-

(A) All elective and non-elective provincial and local government officials and
employees of the present Province of Zamboanga del Norte shall continue
to serve their term of office, perform their duties and functions in the
province, until the commencement of the corporate existence of the new
province, as provided for in Section 9 of this Act.

(B) The three (3) incumbent Congressional Representatives of the present
Province of Zamboanga del Norte shall continue to represent the three
(3) existing legislative districts of the province until the expiration of
their term of office.

Section 52. Organization of the Provincial Government ~ all provincial
appointive positions in the Province of Zamboanga Hermosa shall be filled
within sixty (60) days pursuant to Section 9 of this Act. This shall be done
without prejudice to the officials and employees of the present Province of
Zamboanga ‘del Norte, who may wish to serve in the Province of Zamboanga
Hermosa.

Upon the effectivity of this Act, there shall be reorganization in the
employment of employees employed at the Provincial Capitol and all other
provincial and municipal government offices in light of the separation,
Redundant positions therefore that may exist after the separation shall be
removed through Retrenchment.

Section 53. Suspension of Increase in Rates of Local Taxes - No increase in
the rates of local taxes shall be imposed by the province within the period of
five (5) years from its acquisition of corporate existence. Notwithstanding any
existing law or ordinance to the contrary, real property tax in the locality shail
be increased within five (5) years upon its creation into a new province.

Section 54, Present Provincial Properties - Upon the effectivity of this Act,
ownership of real properties and infrastructure projects of each local
government units situated in the present Province of Zamboanga del Norte,
shall belong to the province where it is situated.

Section 55. Applicability of Laws ~ The provisions of Republic Act No. 7160
otherwise known as the Local Government Code of 1991, and other laws as are
applicable to provinces shall govern the herein created province insofar as they
are not inconsistent with the provisions of this Act.

Section 56. Appropriations - An amount of Thirty Million Pesos
(Php30,000,000.00) shall be appropriated to the COMELEC from the Annual

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General Appropriations Act for the conduct of the plebiscite with augmentation
fund from the National Treasury and concerned local government units.

Section 57. Separability - If any part of this Act is declared invalid or
unconstitutional, the other parts or provisions hereof shall remain valid and
effective,

Section 58. Effectivity - This Act shall take effect fifteen (15) days upon

publication in at least two (2) newspapers of general circulation and local
circulation.

Approved.

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