Republic of the Philippines

HOUSE OF REPRESENTATIVES mn
Quezon City DATE 06 AUG 205. wt

— hy

TWENTIETH CONGRESS RS

First Regular Session

House Bill No._ 3299

Introduced by TUCP Partylist Representative
HON. RAYMOND DEMOCRITO C. MENDOZA, HON. MA. ALANA
SAMANTHA TALINO SANTOS, HON. EDWIN CRUZADO

AN ACT CREATING A PROVINCE CALLED MORO PROVINCE FOR THE
SPECIAL GEOGRAPHIC AREA, BANGSAMORO AUTONOMOUS REGION
IN MUSLIM MINDANAO, AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

The Special Geographic Area (SGA) is one of the major outcomes of the decades-
old peace negotiation between the Government of the Republic of the Philippines
(GPH) and the Moro Islamic Liberation Front (MILF) especially in light of the
Bangsamoro Organic Law (BOL). 63 barangays of the Cotabato province successfully
applied for inclusion in the Bangsamoro region in a plebiscite held on February 6, 2019.
Originally from the six (6) municipalities of Cotabato province, namely: Aleosan,
Carmen, Kabacan, Midsayap, Pigcawayan and Pikit, these barangays were clustered in
March 2020 into eight (8), namely: Carmen, Kabacan, Midsayap 1 & Il, Pigcawayan,
and Pikit I, I and III. On December 12, 2022, the bills consolidating the 63 barangays
into eight (8) municipalities were filed by the Government of the Day before the
Bangsamoro Parliament. Under these bills, the proposed municipalities include
Pahamuddin, Kadayangan, Nabalawag, Old Kaabakan, Kapalawan, Malidegao,
‘Tugunan and Ligawasan with Parliament Bills No. 129 to 136, in that order. Coded as
Bangsamoro Autonomy Acts No. 41 to 48, these bills were approved by the
Bangsamoro Parliament and signed into law by the Chief Minister Ahod B. Ebrahim
on August 17, 2023. On April 13, 2024, plebiscites were held in the SGA to ratify
Bangsamoro Acts No. 41 to 48. This event marked a historic milestone among the
residents when the overwhelming majority voted in favor of these Acts.

With the absence of a duly instituted provincial government of the SGA, they
have been deprived of electing their provincial governor, vice governor and members
of the Sangguniang Panlalawigan; their voice in the House of Representatives; and,
their municipal mayor, vice mayor and members of the Sanguniang Bayan since the
2022 national and local elections. They were only allowed to vote for the President,

RECEIVED \



Vice President, Senate and Party-list representative in the 2022 elections. Furthermore,
the lack of established line goverment agencies in the SGA and its municipalities has
hindered the effective delivery of basic services to its constituents.

To uphold the fundamental rights of SGA residents to suffrage and good
governance, the immediate passage of the proposed measure creating the Moro
Province is urgently needed. This new province will ensure better representation,
goyerntafice, and public servis
By the people of the SGA.

¢ delivery, addressing the long-standing challenges faced

In view of the foregoing, fhe passage of this bill is earnestly sought.

(NTHA TALINO EDWIN L. CRU: ), M.D
Representative, 1" Dist of Cotabato

‘0. C. MENDOZA
Deputy Speaker
Representative, TUCP Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

No. 3299

House

Introduced by TUCP Partylist Representative
HON. RAYMOND DEMOCRITO C. MENDOZA, HON. MA. ALANA
SAMANTHA TALINO SANTOS, HON. EDWIN CRUZADO

AN ACT CREATING A PROVINCE CALLED MORO PROVINCE FOR THE
SPECIAL GEOGRAPHIC AREA, BANGSAMORO AUTONOMOUS REGION
IN MUSLIM MINDANAO, AND APPROPRIATING FUNDS THEREFOR

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

ARTICLE
GENERAL PROVISIONS
SECTION 1. Title. - This Act shall be known as the "Charter of the Moro Province”.

SEC. 2. Creation — There is hereby established a new province for the Special
Geographic Area, Bangsamoro Autonomous Region in Muslim Mindanao, known to
be as the Moro province. Similarly, a congressional district is created on it.

SEC. 3. Composition. - The Moro Province shall be composed of the municipalities of
Pahamuddin, Kadayangan, Nabalawag, Old Kaabakan, Kapalawan, Malidegao,
Tugunan, and Ligawasan, which covered the sixty-three barangays in the Special
Geographic Area.

SEC. 4. Territorial Jurisdiction. - The territorial jurisdiction of the Moro Province
shall be within the present metes and bounds of all the municipalities comprising the
eight municipalities in the Special Geographic Area;

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 new province and adjoining local government units in case
there is any in the SGA: Provided that the territorial boundaries of the disputed area or
areas shall remain with the local government unit which has existing administrative
supervision over said area or areas until final resolution of the case.



SEC. 5. Capital Town and Seat of Government. - The capital town of the province
shall be the municipality of Pahamuddin of the Moro Province, and its seat of
government shall be in Barangay Libungan Torreta of the municipality of Pahamuddin,

SEC. 6. Corporate Powers of the Province. — The province constitutes a political body
corporate and, as such, is endowed with the attributes of perpetual succession and
possesses of the powers which pertain to a provincial corporation to be exercised in
conformity with the provisions of this Charter, the Bangsamoro Local Governance
Code, and, in suppletory, the Republic Act No. 7160, otherwise known as the “Local
Government Code of 1991,” as amended. The province shall have the following
corporate powers:

(a) To exercise continuous succession in its corporate name;
(b) To sue and be sued;

(c) To use a corporate seal;

(d) To acquire and convey real or personal property;

(e) To enter into contracts; and

(f) To exercise such other powers granted to corporations, subject to the limitations
provided under the Bangsamoro Local Governance Code and in suppletory, Local
Government Code of 1991, as amended, and other laws.

SEC. 7. General Powers. - The province shall have a common seal and may alter the
same at its pleasure: Provided that any change of corporate seal shall be registered with
the Ministry of Interior and Local Government (MILG) and/or the Department of the
Interior and Local Government (DILG). The province shall have the power to create its
sources of revenues and to levy taxes, fees, and charges; to take, purchase, receive,
hold, lease, convey, and dispose of real and personal property 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 to be sued; to prosecute and defend to 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 hereinafter granted, subject
to the provisions of the Local Government Code of 1991, as amended.

SEC. 8. Liability for Damages. - The province and its officials shall not be exempt
from liability for death or injury to persons or damage to property.

SEC. 9. Legislative District. - The province shall have its own legislative district
comprising of the municipalities enumerated under Section 3 of this Charter, which
shall take effect upon the election and qualification of its representative to be held in
the next local elections following the effectivity of this Act.

The incumbent Representative of the present Province of North Cotabato shall continue
to represent their respective legislative districts until the expiration of their terms of
office.

ARTICLE II

PROVINCIAL OFFICIALS IN GENERAL


SEC. 10. Officials of the Provincial Government. — (a) The Moro Province shall have
a provincial governor, a provincial vice governor, the regular members of
the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a
provincial treasurer, a provincial assessor, a provincial accountant, a provincial budget
officer, a provincial planning and development coordinator, a provincial engineer, a
provincial health officer, a provincial administrator, a provincial legal officer, a
provincial agriculturist, a provincial social welfare and development officer, a
provincial veterinarian, and a provincial general services officer.

(b) In addition, thereto, the provincial governor may appoint a provincial architect,
a provincial population officer, a provincial environment and natural resources officer,
a provincial cooperative officer, and a provincial information officer.

(c) Consolidate the functions of any office with those of another in the interest of
efficiency, economy, and public welfare.

Unless otherwise provided herein or under the Local Government Code of 1991, as
amended, the heads of departments and offices shall be appointed by the provincial
governor with the concurrence of a majority of all the sangguniang
panlalawigan members, subject to civil service law, rules, and regulations.
The sangguniang panlalawigan shall act on the appointments within fifteen (15) days
from the day of submission; otherwise, the same shall be deemed confirmed.

SEC. 11. Residences and Office. - The official residence and office of the provincial
governor, during the latter's incumbency, shall be in the 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 municipality
within the province for period of not more than seven (7) days for any given month.

Elective and appointive provincial officials shall receive such compensation,
allowance, and other emoluments as may be determined by law or ordinance, subject
to the budgetary limitations on personal services prescribed under Section 325 of the
Local Government Code of 1991, as amended: Provided, That no increase in
compensation shall take effect until after the expiration of the full term of all the elective
officials approving such increase.

ARTICLE

ELECTIVE PROVINCIAL OFFICIALS

SEC. 12. The Provincial Governor. -(a) The provincial governor, as the chief
executive of the provincial government, shall exercise such powers and perform such
duties and functions as provided under the Local Government Code of 1991, as
amended, 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, as amended, the provincial governor shall:


(1) Exercise general supervision and control over all programs, projects, services, and
activities of the provincial government and, in this connection, shall:

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

(ii) Direct the formulation of the provincial development plan with the assistance of the
provincial development council and, upon approval thereof by the sangguniang
panlalawigan, implement the same;

(ii) Present the program of government and propose policies and projects for the
consideration of the sangguniang panlalawigan 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;

(iv) Initiate and propose legislative measures to the sangguniang panlalawigan and, as
often as may be deemed necessary, provide such information and data needed or
requested in the performance of its legislative functions;

(v) 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 that the provincial governor may be authorized by law to
appoint;

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

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

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

(ix) Allocate and assign office space to the 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;

(x) Ensure all executive officials and employees of the province to faithfully discharge
their duties and functions as provided for by law and the Local Government Code of
1991, as amended, 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 official duties;

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


(xii) Furnish copies of executive orders issued by the governor to the Office of the
President within seventy-two (72) hours after their issuance;

(xiii) Visit municipalities and future component cities of the province at least once
every six (6) months to deepen the governor's understanding of problems and
conditions, listen and give appropriate counsel to local officials and inhabitants; inform
the officials and inhabitants of future component cities and municipalities of general
laws and ordinance which 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 inhabitants;

(xiv) Act on leave applications of officials and employees and the commutation of the
monetary value of their leave credits in accordance with law’

(xv) Authorize official trips of provincial officials and employees outside of the
province for a period not exceeding thirty (30) days;

(xvi) Call upon any national official or employee stationed in or assigned to the
province to advise on matters affecting the province and to make recommendations
thereon; coordinate with the 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 performance of official duties while stationed in or
assigned to the province;

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

(xviii) Represent the province in inter-provincial or regional sports councils or
committees and coordinate the efforts of municipalities or future component cities in
the regional or national palaro or sports development activities;

(xix) Conduct an annual palarong panlalawigan, which shall feature traditional sports
and disciplines included in national and international games in coordination with the
Department of Education (DepEd); and

(xx) 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
situations arise at any time during the year, particularly when man-made or natural
disasters or calamities affect the general welfare of the province, the region or the
country in general

(2) Enforce all laws and ordinances relative to the governance of the province and the
exercise of the appropriate corporate powers provided under Section 22 of the Local


Government Code of 1991, as amended, implement all approved policies, programs,
projects, services and activities of the province; and, in addition to the foregoing shall:

(i) Ensure that the acts of the future component cities and municipalities of the province
and ofits officials and employees are within the scope of their prescribed powers, duties
and functions;

(ii) Call conventions, conferences, seminars or meetings of elective and appointive
officials of the province and its future component cities and municipalities, including
national officials and employees stationed in or assigned to the province, at such time
and place and on such subject as may be deemed important for the promotion of the
general welfare of the province and its inhabitants;

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

(iv) Be entitled to carry the necessary firearm within the territorial jurisdiction of the
province;

(¥) In coordination with the mayors of future 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,
as amended, otherwise known as the "Department of the Interior and Local Government
Code of 1990"; and

(vi) Call upon the appropriate national law enforcement agencies to suppress disorder,
riot, lawless violence, rebellion or sedition or to apprehend violators of the law when
public interest so requires and when the police forces of the future component city or
municipality where the disorder or violation is happening are inadequate to cope with
the situation or the violators;

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

(iRequire each head of an office or department to prepare and submit an estimate of
appropriations for the ensuing calendar year, in accordance with the budget preparation
process under Title V, Book II of the Local Government Code of 1991, as amended;

(ii) Prepare and submit to the sangguniang panlalawigan for approval the executive
and supplemental 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, as amended;

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


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

(v) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest
and other resources of the province, in coordination with the mayors of future
component cities or municipalities;

(vi) Provide efficient and effective property and supply management in the province;
and safeguard the funds, accounts receivables, rights and other properties of the
province; and

(vii) Institute or cause to be instituted administrative or judicial proceedings for
violations of ordinances in the collection of taxes, fees or charges, and for the recovery
of funds and property, and cause the province to be defended against all suits to ensure
that its interests, resources and rights shall be adequately protected;

(4) Ensure the delivery of basic services and the provision of adequate facilities as
provided under Section 17 of the Local Government Code of 1991, as amended and, in
addition thereto, shall:

(i) 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
and in coordination with the construction and repair of the roads and bridges of the
province and of its future component cities and municipalities; and

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

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

The provincial governor shall receive a minimum monthly compensation as prescribed
under Republic Act No. 6758, otherwise known as the "Compensation and Position
Classification Act of 1989", as amended, and the implementing guidelines issued
pursuant thereto.

SEC. 13. The Provincial Vice Governor. - (a) The provincial vice governor shall:

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

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


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

(4) Exercise the powers and perform the duties and functions of the provincial governor
in case of temporary vacancy as provided under Section 46, Book I of the Local
Government Code of 1991, as amended; and

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

(b) The provincial vice governor shall receive a monthly compensation as prescribed
under the Compensation and Position Classification Act of 1989, as amended, and the
implementing guidelines issued pursuant thereto.

ARTICLE IV
THE SANGGUNIANG PANLALAWIGAN

SEC. 14. Composition. - (a) The sangguniang panlalawigan, the legislative body of
the province, shall be composed of the provincial vice governor as the 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 sanggunian members of municipalities and future component cities, and the sectoral
representatives, as members.

(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the
women's sector; one (1) from the agricultural or industrial worker sector; and one (1)
from other sectors, including the urban poor, indigenous cultural communities, or
persons with disability.

(©) The regular members of the sangguniang panlalawigan and the sectoral
representatives shall be elected in the manner provided by law, and shall receive a
monthly compensation as prescribed under the Compensation and Position
Classification Act of 1989, as amended, and the implementing guidelines issued
pursuant thereto.

SEC. 15. Powers, Duties, Functions and Compensation. -(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, as amended,
and in the proper exercise of the corporate powers of the province as provided under
Section 22 of the Local Government Code of 1991, as amended, and shall:

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


(i) Review all ordinances approved by the sanggunians of future component cities and
municipalities and executive orders issued by the mayors of said component units to
determine whether these are within the scope of the prescribed powers of
the sanggunian and of the mayor;

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

(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos
(P5,000.00) or an imprisonment not exceeding one (1) year, or both, at the discretion
of the court, for the violation of a provincial ordinance;

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

(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for
habitual drunkenness in public places, vagrancy, mendicancy, prostitution, the
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
addition, maintenance of drug dens, drug pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or pornographic materials or publication, and such
other activities inimical to the welfare and morals of the inhabitants of the province;
(vi) Protect the environment, and impose appropriate penalties for acts which 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, irresponsible disposal
of waste, and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological imbalance;

(vii) Subject to the provisions of the Local Government Code of 1991, as amended, and
other pertinent laws, determine the powers and duties of officials and employees of the
province;

(viii) Determine the positions and salaries, wages, allowances and other emoluments
and 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 provincial government;

(ix) Authorize the payment of compensation to a qualified person not in the government
service who fills in a temporary vacancy or grant honorarium to any qualified official
or employee designated to fill a temporary vacancy in a concurrent capacity at the rate
authorized by law;

(x) Provide a mechanism and the 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, deaths,
assessments, taxation, accounts, business permits, and such other records and


documents of public interest in the offices and departments of the provincial
government; and

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

(2) Generate and maximize the use of resources and revenues for the development
plans, programs, objectives and priorities of the province as provided under Section 18
of the Local Government Code of 1991, as amended, with particular attention to agro-
industrial development and countrywide growth and progress and, relative thereto,
shall:

(i) Enact the annual and supplemental appropriations 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;

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

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

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

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

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

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

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


(3) Subject to the provision of Book II of the Local Government Code of 1991, as
amended, grant franchises, approve the issuance of permits or licenses, or enact
ordinance 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 its legislative authority, shall;

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

(ii) Regulate and fix the license fees for such activities as provided for under the Local
Government Code of 1991, as amended;

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

(i) Adopt measures and safeguards against pollution and for the preservation of the
natural ecosystem in the province, including the proper collection and disposal of waste,
in consonance with approved standards on human settlements and environmental
sanitation;

(ii) Subject to applicable laws, facilitate or provide for the establishment and
maintenance of a waterworks system or district waterworks for supplying water to
inhabitants of future component cities and municipalities;

(iii) 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
similar post-secondary institutions and, with the approval of the DepEd and subject to
existing laws on tuition fees, fix reasonable tuition fees and other school charges in
educational institutions supported by the provincial government;

(iv) Establish a scholarship fund for the poor but deserving students in schools located
within its jurisdiction or of students residing within the province;

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

(vi) 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 families below the poverty threshold,
the disadvantaged and the exploited;

(vii) 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 in the province;


(viii) Establish a provincial council whose purpose is the promotion of culture and the
arts, coordinate with government agencies and nongovernmental organizations and,
subject to the availability of funds, appropriate funds for the support and development
of the same; and

(ix) Establish a provincial council for the elderly which shall formulate policies and
adopt measures mutually beneficial to the elderly and to the province, subject to the
availability of funds, appropriate funds to support programs and projects for the elderly;
and provide incentives for nongovernmental agencies and entities that shall implement
programs and projects for the elderly; and

(5) Exercise such other powers and perform such other duties and functions as provided
for under the Local Government Code of 1991, as amended, and as may be prescribed
by law or ordinance.

ARTICLE V
PROCESS OF LEGISLATION

SEC. 16. Internal Rules of Procedure. - (a) On the first regular session following the
election of its members and within ninety (90) days thereafter, the sangguniang
panlalawigan shall adopt or update its existing rules of procedure.

(b) The rules of procedure shall provide the following:

(1) The organization of the sanggunian and the election of its officers as well as the
creation of standing committees which shall include, but may not be limited to
appropriations, women and family, human rights, youth and sports development,
environmental protection, peace and order, and cooperatives; the general jurisdiction of
each committee; and the election of the chairman and members of each committee;

(2) The order and calendar of business for each session;
(3) The legislative process;

(4) The parliamentary procedures which include the conduct of members during
sessions;

(5) The discipline of members on account of disorderly behavior and absences without
justifiable cause for four (4) consecutive sessions for which they may be censured,
reprimanded or excluded from the session, or suspended for not more than sixty (60)
days, or expelled: Provided, That the penalty of suspension or expulsion shall require
the concurrence of at least two-thirds (2/3) of all the sanggunian members: Provided,
(further, That a 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 of the sanggunian may adopt.


SEC. 17. 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 business and financial interests. The
member shall also disclose any business, financial, professional relationship or any
relation by affinity or consanguinity within the fourth civil degree, with any person,
firm or entity affected by any ordinance or resolution under consideration by
the sanggunian of which one 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 agreement with any person or entity which ordinance or resolution
under consideration may affect.

In the absence of a specific constitutional or statutory provision applicable to this
situation, "conflict of interest" refers in general to a situation where it may be
reasonably deduced that a member of a sangguniang panlalawigan may not be able to
act in the public interest due to some private, pecuniary or other personal considerations
that tend to affect the member's judgment to the prejudice of the service of the pul

(b) The above disclosure required under this Act shall be made in writing and submitted
to the secretary of the sanggunian or the secretary of the committee of membership of
the sanggunian member. The disclosure shall, in all cases, form part of the record of
the proceedings of the meetings and shall be made in the following manner:

(1) Disclosure shall be made before the member participates in the deliberations on 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 or third readings; and

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

SEC. 18. 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 week.

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


(d) In the case of special sessions of the sanggunian, a written notice to the members
shall be served personally at the members’ usual place of residence at least twenty-four
(24) hours before the special session is held.

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

(@) The sanggunian shall keep a journal and a record of its proceedings which may be
published upon resolution of the sangguniang panlalawigan.

SEC. 19. Quorum. - (a) A majority of all 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) Whether there in no quorum, the presiding officer may declare a recess until such
time a quorum is constituted, or a majority of the members present may adjourn from
day to day and may compel the immediate attendance of any member absent without
justifiable cause by designating a member of the sanggunian, to be assisted by a
member or members of the police force assigned in the territorial jurisdiction of the
province, to arrest the absent member and present the same at the session.

(©) If there is still no quorum despite the enforcement of the immediately preceding
subsection, no business shall be transacted. The presiding officer, upon proper motion
duly approved by the members present, shall ten declare the session adjourned for lack
of quorum.

SEC. 20. Approval of Ordinances. - (a) Every ordinance enacted by the sangguniang
panlalawigan shall be presented to the provincial governor. The provincial governor
shall sign each and every page of the ordinance to signify approval of the same;
otherwise, the provincial governor shall veto it and return the same, stating therein the
reasons for such objection. Thereafter, the sanggunian may override the veto of the
provincial governor by two-thirds (2/3) vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and purposes.

(b) The veto shall be communicated by the provincial govemors to the sangguniang
panlalawigan within fifteen (15) days from receipt of the ordinance; otherwise, the
ordinance shall be deemed approved as if the provincial governor had signed it.

SEC. 21. Veto Power of the Provincial Governor. - (a) The provincial governor may
veto any ordinance of the sangguniang panlalawigan on the ground that it is prejudicial
to the public welfare, and return the same, stating therein the reasons for the
disapproval.

(b) The provincial governor shalll have the power to veto particular item or items of an
appropriation ordinance, an ordinance or resolution adopting a local development plan
and 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 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 reenacted.

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

ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS

SEC. 22. Permanent Vacancy in the Office of the Provincial Governor. - (a) If a
permanent vacancy occurs in the office of the provincial governor, the provincial vice
governor shall become the provincial governor or, in case of permanent inability, the
highest ranking sanggunian member shall become the provincial governor. If
a permanent vacancy occurs in the office of the provincial vice governor, the highest
ranking sangguniang panlalawigan member shall become the provincial vice governor
or, in case of permanent inability, the highest ranking sangguniang
panlalawigan member shall become the provincial vice governor. Subsequent
vacancies shall be filled automatically by the sanggunian members according to their
ranking as defined herein:

(1) For purpose of this Act, a permanent vacancy arises when an elective official fills a
higher vacant office, refuses to assume office, fails to qualify, dies, is removed from
the office, voluntarily regins or otherwise permanently incapacitated to discharge the
functions of the office;

(2) A tie between or among the highest ranking sangguniang panlalawigan members
shall be resolved by drawing of lots;

(3) The successors as defined herein shall serve only the unexpired terms of the
predecessors; and

(4) For purposes of succession as provided for in this Act, ranking in the sangguniang
panlalawigan shall be determined on the basis of the proportion of votes obtained by
each winning candidate to the total number of registered voters in the province in the
immediately preceding local elections.

SEC. 23. Permanent Vacancies in the Sangguniang Panlalawigan. - (a) Permanent
vacancies in the sangguniang panlalawigan where automatic succession as provided
for in this Act does not apply shall be filed by appointment by the President, through
the Executive Secretary.

(b) Only the nominee of the political party under which the sanggunian member
concerned had been clected and whose elevation to the position next higher in rank
created the last vacancy in the sanggunian shall be appointed in the manner herein
provided. The appointee shall come from the same political party as that of


the sanggunian member who caused the vacancy and shall serve the unexpired term of
the vacant office.

In the appointment herein mentioned, a nomination and a certificate of membership of
the appointee from the highest official of the political party concemed are
conditions sine qua non, and any appointment without such nomination and
certification shall be null and void ab initio and shall be a ground for administrative
action against the official responsible therefor.

(c) In case the permanent vacancy is caused by a sanggunian member who does not
belong to any political party, the provincial governor shall, upon recommendation of
the sangguniang panlalawigan, appoint a qualified person to fill in the vacancy.

(d) In case of vacancy in the representation of the sangguniang
kabataan, the sangguniang barangay and the provincial league of councilors in
the sangguniang panlalawigan, said vacancy shall be filled in automatically by the
next-in-rank official of the organization concerned.

SEC. 24. Temporary Vacancy in the Office of the Provincial Governor. -

(a) When the provincial governor is temporarily incapacitated to perform the duties for
physical or legal reasons such as leave of absence, travel abroad and suspension from
office, the provincial vice governor shall automatically exercise the powers and perform
the duties and functions of the provincial governor, except the power to appoint,
suspend or dismiss employees which can onlt be exercised if the period of temporary
incapacity exceeds thirty (30) working days.

(b) Said temporary incapacity shall terminate upon submission to the sangguniang
panlalawigan of a written declaration by the provincial governor of having reported
back to office, In case where the temporary incapacity is due to legal cause, the
provincial governor shall also submit the necessary documents showing that the legal
cause no longer exists.

(c) When the provincial governor is traveling within the country but outside the
territorial jurisdiction for a period not exceeding three (3) consecutive days, the same
may designate in writing the officer-in-charge of the office. Such authorization shall
specify the powers and functions that the local officials concerned shall exercise in the
absence of the provincial governor, except the power to appoint, suspend or dismiss
employees.

(4) In the event, however, that the provincial governor fails or refuses to issue such
authorization, the provincial vice governor shall have the right to assume the powers,
duties and functions of the said office on the fourth (4th) day of absence of the
provincial governor, subject to the limitations provided for in subsection (c) hereof.

(e) Except as provided for in subsection (c) hereof, the provincial governor shall, in no
case, authorize any local officials to assume the powers, duties and functions of the
office other than the provincial vice governor.

ARTICLE VII


APPOINTIVE PROVINCIAL OFFICIALS:
THEIR QUALIFICATIONS, POWERS AND DUTIES

SEC. 25. The Secretary to the Sangguniang Panlalawigan. - (a) There shall be a
secretary to the sangguniang panlalawigan with the rank and salary equal to a head of
a department or office.

(b) The secretary to the sanggunian must be a citizen of the Philippines, a resident of
the province, of good moral character, a holder of a college degree preferably in law,
‘commerce or public administration from a recognized college or university, and a first
grade civil service eligible or its equivalent.

‘The appointment of the secretary to the sanggunian is mandatory.

(c) The secretary to the sanggunian shall take charge of the office of the sangguniang
panlalawigan, and pursuant thereto, perform the following:

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

(2) Keep the seal of the province and affix the same on all ordinances, resolutions and
other official papers of the sanggunian, duly signing them before presenting the same
to the presiding officer for the latter's signature;

(3) Forward to the provincial governor, for approval, copies of ordinances enacted by
the sanggunian and duly certified by the presiding officer, in the manner provided
under Section 54 of the Local Government Code of 1991, as amended;

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

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

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

(7) Keep the office and all nonconfidential records therein open to the public during
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, as amended;

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


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

SEC. 26. The Provincial Treasurer. - (a) The provincial treasurer shall be appointed
by the Secretary of Finance from a list of at least three (3) ranking eligible
recommendees of the provincial governor, subject to civil service law, rules and
regulations.

The appointment of the provincial treasurer is mandatory.

(b) The provincial treasurer must be a citizen of the Philippines, a resident of the
province, of good moral character, a holder of a college degree preferably in commerce,
public administration or law from a recognized college or university, a first grade civil
service eligible or its equivalent and must have acquired at least five (5) years
experience in treasury or accounting service.

(©) The provincial treasurer shall be under the administrative supervision of the
provincial governor and shall regularly report to the provincial governor on the tax
collection efforts in the province.

(d) The provincial treasurer shall take charge of the treasury office, and perform the
duties as provided under Book II of the Local Government Code of 1991, as amended,
and shall:

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

(2) Take custody of and exercise proper management of the funds of the local
government 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 by law or other competent 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 under Book II of the Local Government Code of 1991, as amended;

(5) Maintain and update the tax information system of the local government unit;

(6) Exercise technical supervision over all treasury offices of component cities and
municipalities; and

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

SEC. 27. The Provincial Assessor. - (a) The provincial assessor must be 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, a duly registered and licensed real estate


service practitioner as provided under Section 30 of Republic Act No. 9646, otherwise
known as the "Real Estate Service Act of the Philippines", a first grade civil service
eligible or its equivalent and must have acquired at least five (5) years of experience in
real property assessment work or in any related field.

The appointment of the provincial assessor is mandatory.
(b) The provincial assessor shall take charge of the assessor's office and perform the
duties provided under Book II of the Local Government Code of 1991, as amended,
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 accounting system;

(5) Prepare, install and maintain a system of tax mapping, showing graphically all
properties subject to assessment and gather all data concerning the same;

(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 real properties in the province;

(8) Prepare a schedule of the fair market for the different classes of real properties in
accordance with Title II, Book II of the Local Government Code of 1991, as amended;

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

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

(1) Exercise technical supervision and visitorial functions over all component city 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 by the
component city or municipality concemed to its assessor's office of the minimum.
personnel, equipment and funding requirements as may be prescribed by the Secretary
of Finance, such functions shall be delegated to the said city or municipal assessor; and



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

SEC. 28. The Provincial Accountant. - (a) The provincial accountant must be a citizen
of the Philippines, a resident of the province, of good moral character, a certified public
accountant and must have acquired at least five (5) years experience in the treasury or
accounting service.

The appointment of a provincial accountant is mandatory.

(b) The provincial accountant shall take charge of both the accounting and internal audit
services of the province, and shall:

(1) Install and maintain an internal audit system in the province;

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

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

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

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

(6) Prepare statements of cash advances, liquidations, salaries, allowances,
reimbursements and remittances pertaining to the provincial government;

(7) Prepare statements of journal vouchers and liquidations of the same and other
adjustments related thereto;

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

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

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

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

(12) Prepare journals and the analysis of obligations and maintain and keep all records
and reports related thereto; and

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


SEC. 29. The Provincial Budget Officer. - (a) The provincial budget officer must be 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, a first grade civil service eligible
or its equivalent and must have acquired at least five (5) years experience in government
budgeting or in any related field.

The appointment of the provincial budget officer is mandatory.

(b) The provincial budget officer shall take charge of the budget office, and pursuant
thereto, perform the following:

(1) Prepare forms, orders and circulars embodying instructions on budgetary and
appropriation matters for the signature of the provincial governor;

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

(3) Assist the provincial 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
(DBM);

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

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

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

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

(c) The appropriations for personal services of the provincial budget officer provided
under the DBM shall, upon the effectivity of this Charter, be transferred to the new
province. Thereafter, the appropriations for personal services of the budget officer shall
be provided in full in the budget of the local government unit,

SEC. 30. The Provincial Planning and Development Coordinator. (a) The provincial
planning and development coordinator must be a citizen of the Philippines, a resident
of the province, of good oral character, a holder of a degree preferably in urban
planning, development studies, economics, public administration, ot any related course
from a recognized college or university, a duly registered and licensed environmental
planner, as provided under Section 34 of Republic Act No. 10587, or the


‘vironmental Planning Act of 2013," a first grade civil service eligible or its
equivalent, and must have acquired at least five (5) years experience in development
planning or in any related field.

The appointment of a provincial planning and development coordinator is mandatory.

(b) The provincial planning and development coordinator shall take charge of the
planning and development office, and pursuant thereto, perform the following:

(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 plans and studies undertaken by the different
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 the consideration of the finance committee of the province as
provided under Title V, Book II of the Local Government Code of 1991, as amended;

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

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

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

SEC. 31. The Provincial Engineer. - (a) The provincial engineer must be a citizen of
the Philippines, a resident of the province, of good moral character, a licensed civil
engineer and must have acquired at least five (5) years experience in the practice of the
civil engineering profession.

‘The appointment of the provincial engineer is mandatory

(b) The provincial engineer shall take charge of the engineering office, and pursuant
thereto, perform the following:


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

(2) Advise the provincial 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 investigations and surveys,
engincering designs, feasibility studies and project management;

(5) Exercise technical supervision over all engineering offices of the component cities
and municipalities; and

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

SEC. 32. The Provincial Health Officer. - (a) The provincial health officer must be a
citizen of the Philippines, a resident of the province, of good moral character, a licensed
medical practitioner and must have acquired at least five (5) years experience in the
practice of the medical profession.

‘The appointment of a provincial health officer is mandatory,

(b) The provincial health officer shall perform the following duties and functions:

(1) Formulate and implement policies, plans, programs and projects to promote the
health of the people of the province;

(2) Advise the provincial governor and the sanggunian on matters pertaining to health;
(3) Execute and enforce all laws, ordinances and regulations relating to public health;

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

(5) Recommend the prosecution of any violation of sanitary laws, ordinances and
regulations;

(6) 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 of the Philippines;

(7) Conduct health information campaigns and render health intelligence services;

(8) Coordinate with other government agencies and nongovernmental organizations
involved in the promotion and delivery of health services;


(9) Exercise general supervision over health offices of the component cities and
municipalities;

(10) Be in the frontline of the delivery of health services, particularly during and in the
aftermath of man-made and natural disasters or calamities;

(11) The provincial health officer shall take charge of the office on health services, and
shall:

(i) Supervise the personnel and staff of the said office, formulate program
implementation guidelines and rules and regulations for the operation of the said office
for the approval of the provincial governor in order to assist the latter in the efficient,
effective and economical implementation of health services and programs geared to the
implementation of health-related projects and activities;

(ii) Formulate measures for the consideration of the sanggunian and provide technical
assistance and support to the provincial governor in carrying out the activities of
adequate facilities relative to health services as provided under Section 17 of the Local
Government Code of 1991, as amended; and

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

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

SEC. 33. The Provincial Administrator. - (a) The provincial administrator must be a
citizen of the Philippines, a resident of the province, of good moral character, a holder
of a college degree preferably in public administration, law or any related course from
a recognized college or university, a first grade civil service eligible or its equivalent
and must have acquired at least five (5) years experience in management and
administration work.

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

The appointment of the provincial administrator is mandatory.

(b) The provincial administrator shall charge of the office of the administrator, and
pursuant thereto, perform the following:

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


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

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

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

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

(6) Recommend to the sanggunian and advise the provincial governor on all other
matters relative to the management and administration of the province; and

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

SEC. 34. The Provincial Legal Officer. - (a) The provincial legal officer must be a
citizen of the Philippines, a resident of the province, of good moral character, a member
of the Philippine Bar and must have practiced for at least five (5) years the law
profession.

The term of the provincial legal officer shall be coterminous with that of the appointing
authority.

The appointment of the provincial legal officer is mandatory.

(b) The provincial legal officer, as the chief legal counsel of the province, shall take
charge of the office of the legal services, and pursuant thereto, perform the following:

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

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

(3) Represent the province in all civil actions and special proceedings wherein the
province or any official thereof, in their 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;


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

(5) Render an opinion in writing on any question of law when requested to do so by the
provincial governor or the sanggunian;

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

(7) 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 provincial governor or the sanggunian;

(8) When directed by the provincial governor or the 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 thereof,

(9) Review and submit recommendations on ordinances approved and executive orders
issued by the component cities and municipalities;

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

(11) Be in the frontline of protecting human rights and prosecuting any violation,
thereof, particularly those which occur during and in the aftermath of man-made or
natural disasters and calamities; and

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

SEC. 35. The Provincial Agriculturist. - (a) The provincial agriculturist must be a
citizen of the Philippines, a resident of the province, of good moral character, a holder
of a college degree in agriculture or in any related course from a recognized college or
university, a first grade civil service eligible or its equivalent and must have practiced
for at Icast five (5) years the agriculturist profession or acquired experience in the
related field.

The appointment of the provincial agriculturist is mandatory.
(b) The provincial agriculturist shall:

(1) Take charge of the office of agricultural services, and pursuant thereto, perform the
following:

Formulate measures for the approval of the sangeunian and provide technical
assistance and support to the provincial governor in carrying out said measures to
ensure the delivery of basic services and the provision of adequate facilities relative to



agricultural services as provided under Section 17 of the Local Government Code of
1991, as amended;

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

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

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

(4) Assist the provincial governor in the establishment and extension services of
demonstration farms on aquaculture and marine products;

(5) Enforce rules and regulations relating to agriculture and aquaculture;

(6) Coordinate with government agencies and nongovernmental organizations which
promote agricultural productivity through appropriate technology compatible with
environmental integrity;

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

(8) Recommend to the sanggunian and advise the provincial governor on all matters
related to agriculture and aquaculture which will improve the livelihood and living
conditions of the inhabitants; and

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

SEC. 36. The Provincial Social Welfare and Development Officer. -(a) The
provincial social welfare and development officer must a citizen of the Philippines, a
resident of the province, of good moral character, a duly licensed social worker, or a
holder of a college degree preferably in sociology or in any related course from a
recognized college or university, a first-grade civil service eligible or its equivalent and
must have acquired experience for at least five (5) years in the practice of social work.

The appointment of a provincial social welfare and development officer is mandatory.

(b) The provincial social welfare and development officer take charge of the office for
social welfare and development services, and shall perform the following functions:


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

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

(3) 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;

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

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

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

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

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

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

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

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

SEC. 37. The Provincial Veterinarian. -(a) The provincial veterinarian must be a
citizen of the Philippines, a resident of the province, of good moral character, a licensed
doctor of veterinary medicine and must have practiced for at least three (3) years the
veterinary profession.


The appointment of a provincial veterinarian is mandatory.
(b) The provincial veterinarian shall perform the following duties and functions:

(1) Take charge of the office of the veterinary services, and pursuant thereto, perform
the following:

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

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

(4) Advise the provincial governor on all matters pertaining to the slaughter of animals
for human consumption and the regulation of slaughterhouses;

(5) Regulate the keeping of domestic animals;
(6) Regulate and inspect poultry, milk and dairy products for public consumption;
(7) Enforce all laws and regulations for the prevention of cruelty to animals;

(8) Take the necessary measures to eradicate, prevent or cure all forms of animal
diseases;

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

(10) Recommend to the sanggunian and advise the provincial governor on all other
matters relative to veterinary service which will increase the number and improve the
quality of livestock, poultry and other domestic animals used for work or for human
consumption; and

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

SEC. 38. The Provincial General Services Officer. -(a) The provincial general
services officer must be a citizen of the Philippines, a resident of the province, of good
moral character, a holder of a college degree in public administration, business
administration or management from a recognized college or university, a first grade
civil service eligible or its equivalent and must have acquired at least five (5) years


experience in general services, including the management of supply, property, solid
waste disposal and general sanitation.

The appointment of a provincial general services officer is mandatory.

(b) The provincial general services officer shall perform the following duties and
functions:

(1) Take charge of the office of general services, and pursuant thereto, perform the
following:

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

(ii) Develop plans and strategies and, upon approval thereof by the provincial governor,
implement the same, particularly those which have to do with the general services
supportive to the welfare of the inhabitants which the provincial governor is empowered
to implement and which the sanggunian is empowered to provide under the Local
Government Code of 1991, as amended;

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

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

(4) Recommend to the provincial governor, the reasonable rental rates for local
government properties, whether real or personal, which will be leased to public or
private entities by the provincial government;

(5) Recommend to the provincial governor, the reasonable rental rates of private
properties which may be leased for the official use of the provincial government;

(6) Maintain and supervise janitorial, security, landscaping, and other related services
on all local government public buildings and other real property, whether owned or
leased by the provincial government;

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

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

(9) Perform all other functions pertaining to supply and property management
heretofore performed by the local government treasurer and to enforce policies on
records creation, maintenance and disposal;


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

(11) Recommend to the sanggunian and advise the provincial governor on all matters
relative to the general services; and

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

SEC. 39. The Provincial Architect. - (a) The provincial architect must be a citizen of
the Philippines, a resident of the province, of good moral character, a duly licensed
architect and must have practices the architectural profession for at least five (5) years.

The appointment of a provincial architect is optional.
(b) The provincial architect shall perform the following duties and functions:

(1) Take charge of the office for architectural planning and design, and pursuant thereto,
perform the following:

(i) Formulate measures for the consideration of the sanggunian and provide technical
assistance and support to the provincial governor in carrying out measures to ensure the
delivery of basic services and the provision of adequate facilities relative to
architectural planning and design as provided under Section 17 of the Local
Government Code of 1991, as amended; and

(ii) Develop plans and strategies and, upon approval thereof by the provincial governor,
implement the same, particularly those which have to do with architectural planning
and design programs and projects which the provincial governor is empowered to
implement and which the sanggunian is empowered to provide under the Local
Government Code of 1991, as amended.

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

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

(4) Coordinate with government agencies and nongovernmental entities and individuals
involved in the aesthetics and the maximum utilization of the land and water within the
jurisdiction of the province, compatible wit environmental integrity and ecological
balance;


(5) 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 in the aftermath of man-made and natural
disasters and calamities;

(6) Recommend to the sanggunian and advise the provincial governor on all other
matters related to the architectural planning and design as it relates to the total
socioeconomic development of the province; and

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

SEC. 40. The Provincial Population Officer. - (a) The provincial population officer
must be a citizen of the Philippines, a resident of the province, of good moral character,
a holder of a college degree with specialized training in population development from
a recognized college or university, a first grade civil service eligible or its equivalent
and must have acquired at least five (5) years experience in the implementation of
programs on population development or responsible parenthood.

‘The appointment of a provincial population officer is optional.
(b) The provincial population officer shall perform the following duties and functions:

(1) Take charge of the office for population development and pursuant thereto,
perform the following:

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

(ii) Develop plans and strategies and, upon approval thereof by the provincial 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
provincial governor is empowered to implement and which the sanggunian is
‘empowered to provide under the Local Government Code of 1991, as amended;

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

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

(4) Implement appropriate training programs responsive to the cultural heritage of the
inhabitants; and

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


SEC. 41. The Provincial Environment and Natural Resources Officer. - (a) The
provincial environment and natural resources officer must a citizen of the Philippines,
a resident of the province, of good moral character, a holder of a college degree
preferably in environment, forestry, agriculture or any related course from a recognized
college or university, a first grade civil service eligible or its equivalent and must have
acquired at least five (5) years experience in environmental and natural resources
management, conservation and utilization.

The appointment of a provincial environment and natural resources officer is optional.

(b) The provincial environment and natural resources officer shall perform the
following duties and functions:

(1) Take charge of the office for environment and natural resources, and pursuant
thereto, perform the following:

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

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

(2) Establish, maintain, protect and preserve communal forests, watersheds, tree parks,
mangroves, greenbelts, commercial forests and similar forests projects like industrial
tree farms and agro-forestry projects;

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

(4) Manage and maintain seed banks and produce seedlings for forests and tree parks;

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

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

(7) Coordinate with government agencies and nongovernmental organizations in the
implementation of measures to prevent and control land, air and water pollution with
the assistance of the Department of Environment and Natural Resources (DENR);


(8) Be in the frontline of the delivery of services concerning the environment and
natural resources, particularly in the renewal and rehabilitation of the environment
during and in the aftermath of man-made and natural disasters or calamities;

(9) Recommend to the sanggunian and advise the provincial governor on all matters
relative to the protection, conservation, maximum utilization, application of appropriate
technology and other matters related to the environment and natural resources; and

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

SEC. 42. The Provincial Cooperatives Officer. -(a) The provincial cooperatives
officer must be a citizen of the Philippines, a resident of the province, of good moral
character, a holder of a college degree preferably in business administration with special
training in cooperatives or any related course from a recognized college or university,
a first grade civil service eligible or its equivalent and must have acquired at least five
(5) years experience in cooperatives organization and management.

The appointment of a provincial cooperatives officer is optional.
(b) The provincial cooperatives officer shall perform the following duties and functions:

(1) Take charge of the office for the development of cooperatives, and pursuant thereto,
perform the following:

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

(ii) Develop plans and strategies and, upon approval thercof by the provincial governor,
implement the same, particularly those which have to do with the integration of
cooperatives principles and methods in programs which the provincial governor is
empowered to implement and which the sanggunian is empowered to provide under
the Local Government Code of 1991, as amended;

(2) Assist in the organization of cooperatives;

(3) Provide technical and other forms of assistance to existing cooperatives to enhance
their viability as an economic enterprise and social organizations;

(4) Assist cooperatives in establishing linkages with government agencies and
nongovernmental organizations involved in the promotion and integration of the
concept of cooperatives in the livelihood of the people and other community services;
(5) Be in the frontline of cooperatives organization, rehabilitation or viability
enhancement, particularly during and in the aftermath of man-made and natural
disasters or calamities, to aid in their survival and, if necessary subsequent
rehabilitation;



(6) Recommend to the sanggunian and advise the provincial governor on all other
matters relative to cooperatives development and viability enhancement which improve
the livelihood and the quality of life of the inhabitants; and

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

SEC. 43. The Provincial Information Officer. - (a) The provincial information officer
must be a citizen of the Philippines, a resident of the province, of good moral character,
a holder of college degree preferably in journalism, mass communication or any related
course from a recognized college or university, a first grade civil service eligible or its
equivalent and mush have acquired at least three (3) years experience in writing articles
and research papers, or in writing for print, television or broadcast media.

The term of the provincial information officer is coterminous with that of the appointing
authority.

The appointment of the provincial information officer is optional.
(b) The provincial information officer shall perform the following duties and functions:

(1) Take charge of the office for public information, and pursuant thereto, perform the
following:

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

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

(2) Provide relevant, adequate and timely information to the provincial government and
its inhabitants;

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

(4) Furnish information and data on the province to government agencies or offices as
may be required by law or ordinance and nongovernmental organizations to be
furnished to said agencies and organizations;

(5) Be in the frontline of providing information during and in the aftermath of man-
made and natural disasters or calamities, with special attention to the victims thereof,


to help minimize injuries and casualties during and after emergency, and accelerate
relief and rehabilitation;

(6) Recommend to the sanggunian and advise the provincial governor on all other
matters relative to public information and research data as it relates to the total
socioeconomic development of the province; and

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

ARTICLE VII

THE PROVINCIAL FIRE STATION, THE PROVINCIAL JAIL,
THE PROVINCIAL SCHOOLS DIVISION AND THE
PROVINCIAL PROSECUTION SERVICE

SEC. 44, The Provincial Fire Station. - (a) There shall be established in the province
at least four (4) fire stations with adequate personnel, firefighting facilities and
equipment by the DILG, at least five (5) months upon the commencement of the
corporate existence of the new province. The provincial government shall provide the
site where the provincial fire station shall be located.

(b) The provincial fire station service shall be headed by a provincial fire marshal whose
qualifications shall be as those provided under Republic Act No. 9263, as amended,
otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004".

(c) The provincial fire stations shall provide various emergency services such as the
rescue and evacuation of 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.

SEC. 45. The Provincial Jail Service. - (a) The DILG shall, at least five (5) months
from the commencement of the corporate existence of the new province, establish and
maintain a secured, clean, adequately equipped and sanitary jail facility for the custody
and safekeeping of prisoners, any fugitive from justice, or person detained awaiting
investigation or trial and/or transfer to the national penitentiary, or a violent mentally
ill person who may endanger oneself or the safety of others, as duly certified by the
proper medical health officer, prior to the transfer of such person to a mental institution.

(b) The provincial jail service shall be headed by a provincial jail warden whose
qualifications shall be as those provided under Republic Act No. 9263, otherwise
known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004". The provincial jail warden 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 are properly and promptly attended to.

SEC. 46. The Provincial Schools Division. - (a) The DepEd shall, within two (2)
months from the commencement of the corporate existence of the province herein


created, establish and maintain a separate schools division in the province whose
jurisdiction shall cover all the municipalities of the new province.

(b) The provincial schools division shall be headed by a division superintendent who
must possess the necessary qualifications required by the DepEd.

SEC. 47. The Provincial Prosecution Service. - (a) The Department of Justice (DOJ)
shall, within two (2) months from the commencement of the corporate existence of the
province herein created, establish and maintain a prosecution service. It shall be headed
by a provincial prosecutor who shall be assisted by such number of assistant prosecutors
as may be necessary, and whose qualifications, manner of appointment, rank, salary
and benefits shall be governed by existing laws covering prosecutors in the DOJ. The
Provincial Prosecution Service shall be organizationally part of the DOJ, and under the
supervision and control of the Secretary of the DOJ.

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

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

SEC. 48, Plebiscite. - (a) The Moro Province shall be created as provided for in this
Chapter upon approval by the majority of the votes cast by the voters of the affected
areas in a plebiscite to be conducted and supervised by the Commission on Elections
(COMELEC) within ninety (90) days from the date of the effectivity of this Act.

The expenses for the conduct of the plebiscite shall be borne by appropriate agency in
the BARMM.

SEC. 49. Commencement of Corporate Existence. - The corporate existence of the
Moro Province shall commence upon the composition, qualification and assumption of
the provincial governors, provincial vice governors and majority of the members of
the sangguniang panlalawigan.

SEC. 50. Officials of the Newly Created Provinces. - (a) The clective officials of the
newly created province shall be elected in the next local elections following the
effectivity of this Act.

SEC. 51. Organization of the Provincial Government. - All provincial appointive
positions in the newly created provinces shall be filled within sixty (60) days upon
commencement of its corporate existence.

SEC. 52. Suspension of Increase in the Rates of Local Taxes. - No increase in the
rates of local taxes shall be imposed by the new province within a period of five (5)
years from its acquisition of corporate existence.


SEC. 53. Laws Applicable to the Congressional District- All laws pertinent to the
congressional district shall be governed by the Constitution, the Local Government
Code of 1991, as amended and related congressional laws.

SEC. 54. Applicability of Laws. - The provisions of the Local Government Code of
1991, as amended, the Organic Law for the Bangsamoro Autonomous Region in
Muslim Mindanao, and other laws are applicable to provinces shall govern the herein
created province insofar as they are not inconsistent with the provisions of this Act.

SEC. 55. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the other parts or provisions not affected thereby shall remain valid
and effective.

SEC. 56. Effectivity. - This Act shall take effect after fifteen (15) days from its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,