Republic of the Philippines
HOUSE OF REPRESENTATIVES
QUEZON CITY
EIGHTEENTH CONGRESS

First Regular Session

House Bill No. 4840

INTRODUCED BY REPRESENTATIVE DATU ROONIE Q. SINSUAT, SR.
EXPLANATORY NOTE

This bill seeks to establish a new province separate from the present Province of
Maguindanao to address and to answer the call and will of the People of Maguindanao.

In 2006, the People of Maguindanao overwhelmingly ratified in a plebiscite by an
affirmative votes of 285,372 the creation of the Province of Shariff Kabunsuan by ARMM.
Regional Assembly through Muslim Mindanao Act (MMA) No. 201 pursuant to Republic
Act No. 9054 after complying with all the requirements under the law. The said province
provided opportunities and promoted better welfare to its constituents until its creation
was stricken down by the Supreme Court in 2008 in its decision in Sema v. Comelec'
declaring Section 19, Article VI of RA 9054 as unconstitutional in so far as it grants to the
ARMM Regional Assembly the power to create provinces.

Since then, the clamor of the People of Maguindanao to create a new province is
growing as shown and manifested by the resolutions of the 13 Municipalities seeking to
be created into a separate province. The said resolutions were further endorsed by the
Sangguniang Panlalawigan, and unanimously supported by the Municipal Mayors from
the second district of Maguindanao.

In response to public clamor, this Bill is introduced with provisions consistent with
the will of the people, and attuned to the changing times, and reflective of the aspirations
of the people of Maguindanao.

The new province introduced in this Bill shall be named as the Province of Western
Maguindanao to be composed of thirteen (13) municipalities vis: Barira, Buldon, Datu Blah
Sinsuat, Datu Odin Sinsuat, Kabuntalan, Matanog, Northern Kabuntalan, Parang, Upi
(North Upi,) Sultan Kudarat, Sultan Mastura, Talitay (Sultan Sumagka,) South Upi

This humble representation envisions for the people and constituency of the
proposed new province to fully enjoy the rights and opportunities provided for by the Local
Government Code, and the Organic Law for the Bangsamoro Autonomous Region in
Muslim Mindanao while committing to the obligations and aspirations of the National
Government under the Constitutionsjof the Republic of the Philippines.

DATUROONIE Q. SINSUA
Representative, First District of Maguindanao and Cotabato City

1 GR. No ISH Taly 16, 2008


Republic of the Philippines
HOUSE OF REPRESENTATIVES
QUEZON CITY

EIGHTEENTH CONGRESS

First Regular Session

4
House Bill No. ___

INTRODUCED BY REPRESENTATIVE DATU ROONIE Q. SINSUAT, SR.

AN ACT CREATING THE PROVINCE OF WESTERN MAGUINDANAO

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 Province of Western Maguindanao”.

Section 2. Province of Wester Maguindanao. — There is hereby created a new province
from the present Province of Maguindanao to be known as the Province of Western
Maguindanao, consisting of the municipalities of Barira, Buldon, Datu Blah Sinsuat, Datu
Odin Sinsuat, Kabuntalan, Matanog, Northern Kabuntalan, Parang, Upi (North Upi),
Sultan Kudarat, Sultan Mastura, Talitay (Sultan Sumagka), and South Upi. The territorial
jurisdiction of the Province of Western Maguindanao shall be within the present metes
and bounds of all the municipalities that comprise the Western Maguindanao

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 Western Maguindanao and adjoining local government units
(LGUs): Provided, That the territorial jurisdiction of the disputed area or areas shall
remain with the LGU, which has existing administrative supervision over said area or
areas until final resolution of the case.

Section 3. Capital Town and Seat of Government. —

The capital town and seat of government of the Western Maguindanao shall be the
Municipality of Datu Odin Sinsuat.


Section 4. Corporate Powers of the Province. —

The province constitutes a political body corporate and as such is endowed with the
attributes of perpetual succession and possessed of the powers which pertain to a
provincial corporation to be exercised in conformity with the provision of this Charter and
the 1991 Local Government Code, as amended. The province shall have the following
corporate powers:

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

(c) To have and use a corporate seal;

(d) To acquire, hold and convey real or personal Property;
(e) To enter into contracts and/or agreements; and

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

Section 5. 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
Department of the Interior and Local Government (DILG). It shall have the power to create
its sources of revenue and to levy taxes, fees and charges; to close and open roads,
streets, alleys, parks or squares; 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 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 1991
Local Government Code, as amended.

Section 6. Liability for Damages. -

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

Section 7. Legislative District.— The Province of Western Maguindanao shall have its
own legislative district to commence in the next national and local elections after the
effectivity of this Charter. Henceforth, the municipalities of Barira, Buldon, Datu Blah
Sinsuat, Datu Odin Sinsuat, Kabuntalan, Matanog, Northern Kabuntalan, Parang, Upi
(North Upi), Sultan Kudarat, Sultan Mastura, Talitay (Sultan Sumagka), and South Upi
including Cotabato City shall comprise the lone Legislative District of the Province of
Western Maguindanao and Cotabato City while the municipalities of Ampatuan, Buluan,
Datu Abdullah Sangki, Datu Anggal Midtimbang, Datu Hofer Ampatuan, Datu Montawal.
Datu Paglas, Datu Piang, Datu Salibo, Datu Saudi Ampatuan, Datu Unsay, Gen. S.K
Pendatun, Guindulungan, Mamasapano, Mangudadatu, Pagalungan, Paglat, Pandag,
Rajah Buayan, Shariff Aguak, Shariff Saydona Mustapha, Sultan Sa Barongis, and
Talayan, shall comprise the Lone Legislative District of the Province of Maguindanao


The incumbent Representatives of the present Province of Maguindanao shall
continue to represent their respective legislative districts until the expiration of their term
of office.

ARTICLE I
PROVINCIAL OFFICIALS IN GENERAL

Section 8. Officials of the Provincial Goverment. —

(a) There shall be in the Province of Western Maguindanao: 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 cooperatives officer and a provincial information officer.

(©) The sangguniang panlalawigan may:
(1) Maintain existing offices mentioned in subsections (a) and (b) hereof;

(2) Create such other offices as may be necessary to carry out the purposes
of the provincial government; or

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

Unless otherwise provided herein or in the 1991 Local Government Code, 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 appointment within fifteen (15) days from the day of its
submission; otherwise, the same shall be deemed confirmed.

Section 9. Residence and Office. —

During the incumbency of the provincial governor, he or she shall have his or her official
residence and office 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 panialawigan, elective and appointive provincial officials may hold office
in any component city or municipality within the province for a period of not more than
seven (7) days for any given month.

Elective and appointive provincial officials shall receive such compensation,
allowances and other emoluments as may be determined by law or ordinance, subject to
the budgetary limitations on personal services prescribed under Title V, Book Il 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 Ill
ELECTIVE PROVINCIAL OFFICIALS

Section 10. 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 for in 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 panialawigan for the program of the 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;

(iii) 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 by said sangguniang
panlalawigan in the performance of its legislative functions;

(v) Appoint alll officials and employees whose salaries and wages are wholly
or mainly paid out of provincial funds and whose appointments are not
otherwise provided for in this Act as well as those he or she may be
authorized by law to appoint;

(vi) Represent the province in all its business transactions and sign in its
behalf all bonds, contracts and 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
ordinance;

(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 capitol and other buildings owned or leased by the provincial
government;


(x) Ensure that all executive officials and employees of the province
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 his or
her official duties;

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

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

(xiii) Visit component cities and municipalities of the province at least once
every six (6) months to deepen his or her understanding of problems and
conditions, listen and give appropriate counsel to local officials and
inhabitants, inform the officials and inhabitants of component cities and
municipalities of general laws and ordinances 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 appointed by him
or her 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 him or her on matters affecting the province and to
make recommendations thereon; coordinate with the said official or
employee in the formulation and implementation of plans, programs and
projects; and, when appropriate, initiate an administrative or judicial action
against a national government official or employee who may have
committed an offense in the performance of his or her 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 component cities or
municipalities 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

(x) 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 for in 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 component cities and municipalities of the
Province and of its officials and employees are within the scope of their
prescribed powers, duties and functions;

(ii) Call conventions, conferences, seminars or meetings of. any elective and
appointive officials of the province and its 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 he
or she may deem 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 his or her territorial
jurisdiction;

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

(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 the
police forces of the 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, program objectives and
priorities as provided for 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 and, relative thereto,
shall;

(i) Require 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 for under Title V, Book I! of the Local
Government Code of 1991, as amended;


(iii) Ensure that all taxes and other revenues of the province are collected,
and that provincial funds are applied to the payment of expenses and the
settlement of obligations of the province, 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 been
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 component cities or municipalities;

(vi) Provide efficient and effective property and supply management in the
province; and protect the funds, credits, 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 for 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 component cities
and municipalities; and

(ii) Coordinate the implementation of technical services by national offices
for the province and its component cities and municipalities, including public
works and infrastructure programs of the provincial government and its
component cities and municipalities; 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 corresponding
to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, as amended, and
the implementing guidelines issued pursuant thereto.

Section 11. The Provincial Vice Governor. —

(a) The provincial vice governor shall:
(1) Be the presiding officer of the sangguniang panlalawigan and sign all warrants
drawn on the provincial treasury for all expenditures appropriated for the operation
of the sangguniang panlalawigan;
(2) Subject to civil service law, rules and regulations, appoint all officials and

employees of the sangguniang panlalawigan, except those whose 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 for in Section 44, Book | 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 for in Section 46, Book | of the
Local Government Code of 1991, as amended: and

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

(©) The provincial vice governor shall receive a monthly compensation corresponding to
Salary Grade Twenty-eight (28) as prescribed under Republic Act No. 6758, as amended,
and the implementing guidelines issued pursuant thereto.

ARTICLE IV
THE SANGGUNIANG PANLALAWIGAN

Section 12. Composition. -

(a) The sangguniang panlalawigan, the legislative body of the province, shall be
composed of the provincial vice govemor 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 component cities and the three (3) sectoral representatives, as
members, who shall come from the following sectors: one (1) from indigenous people
and, as shall be determined by the sangguniang panialawigan within ninety (90) days
Prior to the holding of the local elections, one (1) from the agricultural or industrial workers
sector; and one (1) from the other sectors, including but limited to the urban poor,
Overseas Filipino Workers Sector, women sector, Senior Citizen, or persons with
disability.

(b) The regular members of the sangguniang panlalawigan and the sectoral
representatives shall be elected in the manner as provided for by law, and shall receive
a monthly compensation corresponding to Salary Grade Twenty-seven (27) as prescribed
under Republic Act No. 6758, as amended, and the implementing guidelines issued
pursuant thereto.

Section 13. Powers, Duties, Functions and Compensation. —

(a) The sangguniang panialawigan, 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 for 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 sSanggunians of 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, in 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 to
provide relief services and assistance for victims during and in the aftermath
of said disasters and calamities and their return to productive livelinood
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 addiction, 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 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 to 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 mechanism and the appropriate funds therefore 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 births, 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, program objectives and priorities of the province as provided
for 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 I! of the Local Government Code of
1991, as amended and applicable laws and, upon the majority vote of all
the members of the sangguniang panlalawigan, enact ordinances 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 and 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 and applicable laws and, upon the majority vote of all
the members of the sangguniang panlalawigan, enact ordinances
authorizing the floating of bonds or other instruments of indebtedness, for
the purpose of raising funds to finance development projects;

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

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

10


(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 in 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, 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 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;

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

(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 to support the programs and
projects for the elderly; and

1


(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

Section 14. intemal 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 for 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 shall not be limited to,
the committees on appropriations, women and family, human rights, youth and
sports development, environment protection, peace and order and traffic, 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 for disorderly behavior and absences without
justifiable cause for four (4) consecutive sessions for which they may be censured,
reprimanded or excluded from the session, suspended for not more than sixty (60)
days, or expelled: Provided, That the penalty of suspension or expulsion shall
require 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 as the sanggunian may adopt.

Section 15. Full Disclosure of Financial and Business Interests of Sangguniang
Panlalawigan Members. —

(a) Every sangguniang panlalawigan member shall, upon assumption to office, make a

full disclosure of his or her business and financial interests. He or she shall also disclose
any business financial, professional relationship or any relation by affinity or
consanguinity within the fourth civil degree, which he or she may have with any person,
firm or entity affected by any ordinance or resolution under consideration by the
‘sanggunian of which he or she 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 the ordinance or
resolution under consideration may affect.

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

(b) The 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 which he or she is a
member. The disclosure shall, in all cases, form part of the record of the proceedings 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 and 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.

Section 16. Sessions. —

(a) On the first day of session immediately following the election of its members, the
sangguniang panialawigan 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.

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

Section 17. 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
faised during the session, the presiding officer shall immediately proceed to call the roll
of the members and thereafter announce the results.

(b) Where there is no quorum, the presiding officer may declare a recess until such time
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

23


members of the police force assigned in the territorial jurisdiction of the province, to arrest
the absent member and present him or her at the session.

(c) 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 then declare the session adjourned for lack
of quorum.

Section 18. Approval of Ordinances. —

(a) Every ordinance enacted by the sangguniang panlalawigan shall be presented to the
provincial governor. If the provincial governor approves the same, he or she shall affix his
or her signature on each and every page thereof, otherwise, he or she shall veto it and
return the same with his or her objections to the sanggunian, which may proceed to
reconsider the same. 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 governor to the sangguniang
panlalawigan within fifteen (15) days; otherwise, the ordinance shall be deemed approved
as if he or she had signed it.

Section 19. Veto Power of the Provincial Govemor. —

(a) The provincial governor may veto any ordinance of the sangguniang panlalawigan on
the ground that it is prejudicial to the public welfare, stating his or her reasons thereof in
writing.

(b) The provincial governor shall have the power to veto any particular item or items of an
appropriation ordinance, an ordinance or resolution adopting a local development plan
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 may 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

Section 20. Permanent Vacancy in the Office of the Provincial Governor. —

(a) If a permanent vacancy occurs m the office of the provincial governor, the provincial
vice governor shall become the provincial governor or in case of his or her 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 his or her permanent incapacity, the highest ranking sangguniang panlalawigan
member shall become the provincial vice governor. Subsequent vacancies shall be filled
automatically by other sanggunian members according to their ranking as defined herein:

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

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

(3) For purposes 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 office, voluntarily resigns or is otherwise permanently incapacitated
to discharge the functions of his or her office; 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.

Section 21. Permanent Vacancies in the Sangguniang Panlalawigan. —

(a) Permanent vacancies in the sangguniang panlalawigan where automatic
succession as provided does not apply shall be filled 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 elected 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 concerned 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 official next-in-rank of
the organization concerned.

Section 22. Temporary Vacancy in the Office of the Provincial Governor. -

(a) When the provincial governor is temporarily incapacitated to perform his or her
duties for physical or legal reasons such as, but not limited to, 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 only 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 that he or she has
reported back to office. In case where the temporary incapacity is due to legal cause, the

15


provincial governor shall also submit necessary documents showing that the said legal
cause no longer exists.

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

(d) 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 above, the provincial governor shall, in no case, authorize
any local official to assume the powers, duties and functions of the office other than the
provincial vice governor.

ARTICLE Vil
APPOINTIVE PROVINCIAL OFFICIALS:
THEIR QUALIFICATIONS, POWERS, AND DUTIES

Section 23. The Secretary to the Sangguniang Panlalawigan. —

(a) There shall be a secretary to the sangguniang panlalawigan who shall be a career
Official with the rank and salary equal to a head of a department or office.

(b) No person shall be appointed secretary to the sanggunian unless he or she is 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

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

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

(2) Keep the seal of the LGU and affix the same with his or her signature to all
ordinances, resolutions and other official acts of the sanggunian and present the
same to the presiding officer for his or her signature;

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

16


(7) Keep his or her 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 for under the Local
Government Code of 1991, as amended; and

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

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

Section 24. 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.

(b) The provincial treasurer shall be under the administrative supervision of the provincial
governor, to whom he or she shall report regularly on the tax collection efforts in the LGU.

(c) No person shall be appointed provincial treasurer unless he or she is 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, and a first grade civil service eligible or its equivalent. He or she must have
acquired experience in treasury or accounting service for at least five (5) years.

The appointment of the provincial treasurer shall be mandatory.

(d) He or she shall take charge of the treasury office, and perform the duties as. provided
for under Book I! 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 LGU
concerned;

(3) Take charge of the disbursement of all local government funds and such other
funds, the custody of which may be entrusted to him or her 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 LGU; and

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

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

17


Section 25. The Provincial Assessor. —

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

The appointment of the provincial assessor shall he mandatory.

(b) The provincial assessor shall take charge of the assessor's office and perform the
duties as provided for 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
property subject to assessment and gather all data conceming 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 value for the different classes of real
properties in accordance with Title 2, Book I! 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; and

(11) 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 municipal assessor.

18


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

Section 26. The Provincial Accountant. —

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

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

Section 27. The Provincial Budget Officer. —
(a) No person shall be appointed provincial budget officer unless he or she is'a citizen of

the Philippines, a resident of the province, of good moral character, a holder of a college
degree preferably in accounting, economics, public administration or any related course

19


from a recognized college or university, and a first grade civil service eligible or its
equivalent. He or she must have acquired experience in government budgeting or in any
related field for at least five (5) years.

The appointment of the provincial budget officer shall be mandatory.
(b) The provincial budget officer shall take charge of the budget office, and shall:

(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; and

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

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

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

Section 28. The Provincial Planning and Development Coordinator. —

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

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

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

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

20


(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;
and

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

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

Section 29. The Provincial Engineer. —

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

The appointment of the provincial engineer shall be mandatory.

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

(1) Initiate, review and recommend changes in policies and objectives, plans and
Programs, techniques, procedures and 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, engineering designs, feasibility studies and project management; and

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

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

21


Section 30. The Provincial Health Officer. —

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

The appointment of a provincial health officer shall be mandatory.

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

(1) 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 him or her in the
efficient, effective and economical implementation of health services program
geared to the implementation of health-related projects and activities;

(2) Formulate measures for the consideration of the sangguniang panlalawigan
and provide technical assistance and support to the provincial governor in carrying
out activities to ensure the delivery of basic services and the provision of adequate
facilities relative to health services provided for under 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 health
programs and projects which the provincial governor is empowered to implement
and which the sanggunian is empowered to provide for under the Local
Government Code of 1991, as amended;

(4) In addition to the foregoing duties and functions, the provincial health officer
shall:

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

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

(iii) Execute and enforce all laws, ordinances and regulations relating to
public health;

(iv) 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;

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

(vi) 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;

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

22


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

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

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

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

Section 31. The Provincial Administrator. —

(a) No person shall be appointed provincial administrator unless he or she is 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; and a first grade civil service eligible or its equivalent. He or she
must have acquired experience in management and administration work for at least five
(5) years.

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

The appointment of the provincial administrator shall be mandatory.

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

(1) Develop plans and strategies 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 for under the Local Government Code of 1991, as
amended;

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

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

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

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

(3) Be in the frontline of the delivery of administrative support services, particularly

those related to the situations during and in the aftermath of man-made and natural
disasters and calamities;

23


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

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

Section 32. The Provincial Legal Officer. —

(a) No person shall be appointed provincial legal officer unless he or she is a citizen of
the Philippines, a resident of the province, of good moral character and a member of the
Philippine Bar. He or she must have practiced his or her profession for at least five (5)
years.

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

The appointment of the provincial legal officer shall be mandatory

(b) The provincial legal officer, the chief legal counsel of the province, shall take charge
of the office for legal services, and shall:

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

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

(i) Represent the province in all civil actions and special proceedings
wherein the province or any official thereof, in his or her 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;

(i) 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;

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

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

(v) Investigate or cause to be investigated any person, firm or corporation
holding any franchise or exercising any public privilege for failure to comply

24


with any term or condition in the grant of such franchise or privilege, and
recommend appropriate action to the provincial governor or the
sanggunian;

(vi) 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; and

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

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

(5) 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.

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

Section 33. The Provincial Agriculturist. —

(a) No person shall be appointed provincial agriculturist unless he or she is 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, and
a first grade civil service eligible or its equivalent. He or she must have practiced his or
her profession in agriculture or acquired experience in a related field for at least five (5)
years.

The appointment of the provincial agriculturist shall be mandatory.

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

(1) Formulate measures for the approval of the sanggunian and provide technical
assistance and support to the 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 for 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
agricultural programs and projects which the provincial governor is empowered to
implement and which the sanggunian is empowered to provide for under the Local
Government Code of 1991, as amended;

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

(i) 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;

25


(ii) 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;

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

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

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

(4) Be in the frontline of 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; and

(5) 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.

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

Section 34. The Provincial Social Welfare and Development Officer. —

(a) No person shall be appointed provincial social welfare and development officer unless
he or she is 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, and a first
grade civil service eligible or its equivalent. He or she must have acquired experience in
the practice of social work for at least five (5) years.

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

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

(1) Formulate measures for the approval of the 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 for 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 social
welfare programs and projects which the provincial governor is empowered to
implement and which the sanggunian is empowered to provide for under the Local
Government Code of 1991, as amended;

(3) In addition to the foregoing duties, the provincial social welfare and
development officer shall:

26


(i) 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;

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

(iii) 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;

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

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

(vi) Coordinate with government agencies and nongovernmental
organizations which have for their purpose the promotion and the 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;

(4) 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; and

(5) 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.

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

Section 35. The Provincial Environment and Natural Resources Officer. —

(a) No person shall be appointed provincial environment and natural resources officer
unless he or she is 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, and a first grade civil service
eligible or its equivalent. He or she must have acquired experience in environmental and
natural resources management, conservation and utilization for at least five (5) years.

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

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

(1) 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 for
under Section 17 of the Local Government Code of 1991, as amended;

27


(2) 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 for under the Local Government Code of 1991, as amended;

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

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

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

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

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

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

(vi) 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);

(4) 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; and

(5) 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.

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

Section 36. The Provincial Veterinarian. —

(a) No person shall be appointed provincial veterinarian unless he or she is a citizen of
the Philippines, a resident of the province, of good moral character and a licensed doctor
of veterinary medicine. He or she must have practiced his or her profession for at least
three (3) years.

The appointment of a provincial veterinarian shall be mandatory.

(b) The provincial veterinarian shall take charge of the office for veterinary services, and

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the provincial governor in carrying out

28


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;

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

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

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

(ji) Regulate the keeping of domestic animals;

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

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

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

(4) Be in the frontline of veterinary-related activities, such as in 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; and

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

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

Section 37. The Provincial General Services Officer. —

(a) No person shall be appointed provincial general services officer unless he or she is

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 and management
from a recognized college or university, and a first grade civil service eligible or its
equivalent. He or she must have acquired experience in general services, including the
management of supply, property, solid waste disposal and general sanitation for at least
five (5) years.

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

(b) The provincial general services officer shall take charge of the office of general
services, and shall:

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the provincial governor in carrying out

29


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;

(2) Develop plans and strategies and, upon approval thereof by the provincial
governor, implement the same, particularly those which have to do with 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
for under the Local Government Code of 1991, as amended;

(3) In addition to the foregoing duties and functions, the provincial general services
officer shall:

(i) 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 counterpart of joint projects;

(ii) 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;

(iii) 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;

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

(v) 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;

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

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

(viii) 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;

(4) 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; and

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

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

30


Section 38. The Provincial Cooperatives Officer. —

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

The appointment of a provincial cooperatives officer shall be optional.

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

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

(2) 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 cooperatives principles and methods in programs which the
provincial governor is empowered to implement and which the sanggunian is
empowered to provide for under the Local Government Code of 1991, as
amended;

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

(i) Assist in the organization of cooperatives;

(ii) Provide technical and the forms of assistance to existing cooperatives to
enhance their viability as an economic enterprise and social organization;
and

(iii) 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 activities;

(4) 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; and

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

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

Section 39. The Provincial Architect. —

31


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

The appointment of a provincial architect shall be optional.

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

(1) 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 for 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
architectural planning and design programs and projects which the provincial
governor is empowered to implement and which the sanggunian is empowered to
provide for under the Local Government Code of 1991, as amended;

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

(i) 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 blighted areas, land reclamation activities, the
greening of land and the appropriate planning of marine and foreshore
areas;

(ii) 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; and

(iii) 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 with
environmental integrity and ecological balance;

(4) Be in the frontline of the delivery of basic services involving architectural
planning and design, particularly those related to the redesigning of spatial
distribution of basic facilities and physical structures during and in the aftermath of
man-made and natural calamities or disasters; and

(5) 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.

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

Section 40. The Provincial Population Officer. — (
a) No person shall be appointed provincial population officer unless he or she is 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, and a first grade civil service eligible or its equivalent. He or she must have

32


experience in the implementation of programs on population development or responsible
parenthood for at least five (5) years.

The appointment of a provincial population officer shall be optional.

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

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the 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;

(2) 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 for under the Local Government Code of
1991, as amended; and

(3) In addition to the foregoing duties and functions, the provincial population
Officer shall:

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

(ii) 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; and

(iii) Implement appropriate training programs responsive to the cultural
heritage of the inhabitants.

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

Section 41. The Provincial Information Officer. —

(a) No person shall be appointed provincial information officer unless he or she is a citizen
of the Philippines, a resident of the province, of good moral character, a holder of a college
degree preferably in journalism, mass communication or any related course from a
recognized college or university, and a first grade civil service eligible or its equivalent.
He or she must have acquired experience in writing articles and research papers, or in
writing for print, television or broadcast media for at least three (3) years.

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

The appointment of a provincial information officer shall be optional.

(b) The provincial information officer shall take charge of the office on public information,
and shall:

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the provincial governor in providing the

33


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;

(2) 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 for under the Local Government Code of 1991, as
amended;

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

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

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

(iii) 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;

(4) 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; and

(5) 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.

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

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

Section 42. The Provincial Fire Station Service. -

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

(b) The provincial fire station service shall be headed by a provincial fire marshal whose
qualifications shall be as those provided for 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 be responsible for the protection of various emergency
services such as the rescue and evacuation of injured people at fire-related incidents and,

34


in general, fire prevention and suppression measures to secure the safety of life and
property of the citizenry.

Section 43. The Provincial Jail Service. —

(a) There shall be established and maintained in the province, within two (2) months upon
the commencement of the corporate existence of the new province by the DILG, 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, and/or violent mentally ill
person who endangers himself or the safety of others, duly certified as such by the proper
medical health officer, pending the transfer to a mental institution.

(b) The provincial jail service shall be headed by a provincial jail warden whose
qualifications shall be as those provided for 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". He or she 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.

Section 44, The Provincial Schools Division. —

(a) The DepED shall, within two (2) months upon 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.

Section 45. The Provincial Prosecution Service. —

(a) There shall be established and maintained a prosecution service by the Department
of Justice (DOJ), within two (2) months upon the commencement of the corporate
existence of the province herein created, who shall be headed by a provincial prosecutor
and such number of assistant prosecutors as may be necessary, who shall be
organizationally part of the DOJ, and under the supervision and control, of the Secretary
of the DOJ, and whose qualifications, manner of appointment, rank, salary and benefits
shall be governed by existing laws covering prosecutors in the DOJ.

(b) The provincial prosecutor shall handle the criminal prosecution 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

Section 46. Plebiscite. —
The Province of Western Maguindanao shall be created, as provided for in this Charter,
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 sixty (60) days from the date of the effectivity of this Charter.

35


The amount necessary for the conduct of the plebiscite shall be borne by the Province of
Maguindanao.

Section 47. Commencement of Corporate Existence. —

The Province of Western Maguindanao shall commence corporate existence upon the
composition, qualification and assumption of the provincial governor, provincial vice
governor and majority of the members of the sangguniang panlalawigan.

Section 48. Officials of the Province of Westem Maguindanao. —

The elective officials of the Province of Western Maguindanao shall be elected in the
next national and local elections following the effectivity of this charter.

However, if this charter is ratified more than six (6) months prior to the next national and
'ocal elections following its approval and effectivity, the highest ranking elective provincial
Official of the Province of Maguindanao who is a resident of the new province shall
assume as its acting provincial governor, and shall continue in office until his or her
successor shall have been elected and qualified.

a) The Vice Governor and other members of the Sanguniang Panlalawigan shall be
appointed by the President of the Republic of the Philippines from among the qualified
residents of the new province at the recommendation of the Provincial Governor;
Provided, that the incumbent elected members of the Sanguniang Panlalawigan from the
First Legislative District of Maguindanao shall be entitled to retain their respective
Positions and finish their terms of office in the new province of the Western Maguindanao
without need of appointment;

b) All vacant elective provincial positions in the present Province of Maguindanao arising
as the consequence of the approval of this charter shall be filled up through appointments
by the President of the Republic of the Philippines from among its qualified residents upon
the recommendation of the Provincial Governor. They shall continue in office until their
successors shall have been elected and qualified.

Section 49. Organization of the Provincial Government. -

All provincial appointive positions in the Province of Western Maguindanao shall be filled
within sixty (60) days upon commencement of its corporate existence.

Section 50. 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 the
Period of five (5) years from its acquisition of corporate existence.

Section 51. Present Provincial Properties. —
Upon the effectivity of this Act, the ownership of real properties and infrastructure projects

of each LGU situated in the present Province of Maguindanao shall belong to the province
where it is situated.

36


Section 52. Applicability of Laws. -

The provisions of Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, as amended, Republic Act 11054, otherwise known as the Organic Law
for the Bangsamoro Autonomous Region in Muslim Mindanao, and other laws as are

applicable to provinces shall govern the herein created province insofar as they are not
inconsistent with the provisions of this Act.

Section 53. Separability Clause. —

If any part of this Act is declared invalid or unconstitutional, the other parts or provisions
thereof shall remain valid and effective.

Section 54. Effectivity. - This Act shall take effect fifteen (15) days upon its publication
in at least two (2) newspapers of general and local circulation.

Approved.

37