Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

5881,

HOUSE BILL NO. __

Introduced by HON. Fl.ORENCIO C. GARAY

EXPLANATORY NOTE

The Local Government Code of 1991 (Republic Act No. 7160) assures
local government units of genuine and meaningful autonomy to enable them to
attain fullest development as self-reliant communities and make them more
effective partners in the attainment of national goals. Towards this end, the State
is mandated to provide for a more responsive and accountable local government
structure instituted through a system of decentralization whereby local
government units shall be given more powers, authority, responsibilities and
resources.

Pursuant to this mandate, this bill seeks to create the Province of Surigao
del Oriente, to be composed of the component city and municipalities of the
present Second District of Surigao del Sur, namely Bislig City, Barobo, Hinatuan,
Lingig and Tagbina. Thus, while retaining the land area, population and income
of the original Second District of Surigao del Sur, its formation into the new
Province of Surigao del Oriente will provide for a more effective coordination
among the comprising local government units, establish a more efficient
mechanism that will meet the priority needs and service requirement of the
communities and actively participate in the implementation of national programs
and policies.

Finally, the creation of the Province of Surigao del Oriente will encourage
political independence, facilitate the effective governance of the local government
units within its jurisdiction, and further the economic development of the
proposed province and its mother province of Surigao.

In view of its national and loca! importance, the approval of this bill is
earnestly sought. is

0 ~ be —
FLORENCIO G’GARAY



l

lt cael

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

5881

HOUSE BILL NO.

Introduced by HON. FLORENCIO C, GARAY

AN ACT
CREATING THE PROVINCE OF SURIGAO DEL ORIENTE

Be it enacted by the Senate and the 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 Surigao del Oriente”.

SECTION 2. Province of Surigao del Oriente. - There is hereby created
the new Province of Surigao del Oriente to be composed of the four (4)
municipalities and city of the present Surigao del Sur: the City of Bislig, the
Municipality of Barobo, the Municipality of Hinatuan, the Municipality of Lingig
and the Municipality of Tagbina.

SECTION 3. Capital Town and Seat of Government. - The capital town
and seat of government of the new Province of Surigao del Oriente shall be the
City of Bislig.

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 pertains to a
provincial corporation to be exercised in conformity with the provision of this
Charter. The province shall have the following corporate powers:

(a) To have 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)  Toenter into contracts and agreements; and

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

SECTION 5. General Powers. - The province shall have an independent
and common seal and may alter the same at its pleasure. It shall exercise the
powers to levy taxes, to close and open roads, streets, alleys, parks or squares;
to take, purchase, 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 execute contracts, to sue and be sued; to
prosecute, defend and execute suits wherein the province is involved or
interested in; and to exercise all the powers granted to corporations or those
granted hereafter.

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 Surigao del Oriente
shall constitute one separate legislative district to commence in the next national
election after the effectivity of this Act.

ARTICLE II
Provincial Officials in General

SECTION 8. Officials of the Provincial Government. - (A) There shall be,
in the Province of Surigao del Oriente, a governor, a vice-governor, members of
the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a
provincial treasurer, a provincial assessor, a provincial budget officer, a provincial
accountant, a provincial planning and development coordinator, a provincial
eer, a provincial health officer, a provincial civil registrar, a provincial
administrator, a provincial legal officer, a provincial agriculturist, a provincial
social welfare and development officer, a provincial environment and natural
resources officer, a provincial veterinarian, a provincial general services officer
and a provincial cooperatives officer.

(B) In addition thereto, the governor may appoint a provincial architect, a
provincial population officer and a provincial information officer.

(C) The sangguniang panlatawigan may:

1. Maintain existing offices not 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 and economy.

Unless otherwise provided, heads of departments and offices shall be
appointed by the provincial governor with the concurrence of a majority of 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 date

SECTION 9. Residence and Office. - During the incumbency of the
governor, he shall have his official residence and office in the designated capital
of the province, All elective and appointive provincial officials shall hold office in
the provincial capital; Provided, That upon the resolution of the sangguniang
panlalawigan, elective and appointive provincial officials may hold office in any
component city of municipality within the province for a period of not more than
seven days for any given month

ARTICLE III.
Elective Provincial Officials

SECTION 10. The Provincial Governor. - (A) The provincial governor, as
the chief executive of the provincial government, shall exercise, shall exercise
such powers and perform such duties and functions as provided for in the Local
Government Code of 1991 and other laws.

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

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

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

(b) Direct the formulation of the provincial development plan with
the assistance of the provincial development council and,


(c)

(a)

(e)

(fy

(9)

(i)

i)

upon approval thereof by the sangguniang panlalawigan,
implement the same;

Present the program of the 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 deemed necessary for the general welfare of the
inhabitants and the needs the provincial government may
require;

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

Represent the province in all its business transactions and
sign on its behalf all bonds, contracts and obligations, and
other documents upon authority of the sannguniang
panlalawigan or pursuant to law and ordinances;

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

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

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

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,
and cause to be instituted administrative or judicial
proceedings against any official or employee of the province
who may have committed an offense in the performance of
his official duties;

Examine the books, records and other documents of all
offices, officials, agents or employees of the province and, in
aid of his executive powers and authority, require all national
officials and employees stationed in the province to make


(k)

()

(m)

(n)

(0)

(p)

available to him such books, records and documents in their
custody, except those classified by law as confidential;

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

Visit component cities and municipalities of the province at
least once every six months to deepen his 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;

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

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

Call upon any national official or employee stationed in or
assigned to the province and advise him on matters affecting
the province and to make recommendations thereon;
coordinate with said officials 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 duties
while stationed in or assigned to the province;

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’ availability of funds;

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;


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

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

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

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

(b) Call conventions, conferences, seminars or meetings of
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
may deem important for the promotion of the general welfare
of the province and its inhabitants;

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

i (d) Be entitled to carry the necessary firearm within his territorial
jurisdiction;

(e) In coordination with the mayors of component cities and
municipalities and the national police commission, formulate
the peace and order plan of the province and, upon its
approval, implement the same in accordance with Republic

a


act No, 6975, otherwise known as the Philippine National
Police law; and

(f) 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

i city and municipality when the former are unable to cope with
the situation or the violators;

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

(a) 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 1! of the Local Government Code of 1991;

(b) 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 Il of the Local Government Code of
1991;

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

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

(e) 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 and
municipalities;

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



(g) Institute or cause to be instituted administrative or judicial
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 are
adequately protected.

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

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

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

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

(C) The provincial governor shall receive a minimum monthly
compensation corresponding to Salary Grade Thirty (30) prescribed under
republic Act No. 6758, otherwise known as the Salary Standardization Law and
its implementing guidelines.

SECTION 11. The Vice Governor, - (A) The vice governor shall:

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

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


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

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

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

(B) The vice governor shall receive a monthly compensation
corresponding to Salary Grade Twenty Eight (28) as prescribed under Republic
‘Act No. 6758 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
governor as presiding officer, the regular sangguniang panlalawigan members,
the president of the provincial chapter of the liga ng mga barangay, the president
of the panlalawigang pederasyon ng mga sangguniang kabataan, the president
of the provincial federation of sangguniang members of component cities and
municipalities and the sectoral representatives, as members.

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

(C) 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 and its
implementing guidelines;

SECTION 13. Powers and Functions. - (A) The sangguniang
panlalawigan, as the legislative body of the province, shall enact ordinances,
approve resolutions and appropriate funds for the general welfare of the province
and its inhabitants pursuant to Section 16 of the Local Government Code of 1991
and in the proper exercise of the corporate powers of the province as provided
for under Section 22 of the Local Government Code of 1991, and shall


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

(a) Review all ordinances approved by the sanggunians 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;

(b) 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;

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

(d) 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 to victims during and

i in the aftermath of said disasters or calamities and their return to

i productive livelihood following said events;

{ (e) Enact ordinances intended to prevent, suppress and impose
appropriate penalties for habitual drunkenness in public places,
vagrancy,  mendicancy, prostitution, establishment and
maintenance of houses of ill repute, gambling and other prohibited
games of chance, fraudulent means and devices employed 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 publications,
and such other activities inimical to the welfare and morals of the
inhabitants of the province;

(f) Protect the environment and impose appropriate penalties for acts

which endanger the environment, such as dynamite fishing and
i other forms of destructive fishing, illegal logging and smuggling of
i logs, smuggling of environmental 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 the disruption of our ecological balance;



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

(h) Consistent with the Salary Standardization Law, 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;

Authorize the payment of compensation to a qualified person not in
the government service, who fills up 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;

(i

Provide the mechanism and the appropriate funds needed 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;

Ss

(k) 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;

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

k

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

{ (2) Generate and maximize the use of resources and revenues for
the development plans, program objectives and priorities of the

12

f


province as provided for under Section 18 of the Local
Government Code of 1991, with particular attention to agro-
industrial development and country-wide growth and progress
and relative thereto, shall:

(a) 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;

(b) Subject to the provisions of Book II of the Local Government Code
of 1991 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;

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

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

(e) Appropriate’ funds for the construction 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;

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

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


{
|

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

(

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

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

i)

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

(I) Subject to the provisions of Book II of the Local Government code
of 1991, grant the exclusive privilege of constructing fish corrals
or fish pens, or the taking or catching of bangus fry, prawn fry or
kawag-kawag, or fry of any species of fish within the provincial
water

(m

With the concureence of at least two-thirds (2/3) of all the
members of the sangguniang panlalawigan, grant tax exemptions,
incentives or relief to entities engaged in community growth-
inducing Industries, subject to the provisions of the Local
Government code of 1991;

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

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

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


|
|
|
|
\
{

(3) Subject to the provision of the Local Government code of 1991, grant
franchises, approve the issuance ci permits or licenses, or enact
ordinances levying taxes, fees and charges upon such conditions and

for

such purpose intended to promote the general welfare of the

inhabitants of the province, and pursuant to the legislative authority,
shall:

(a)

(b)

(c)

(d)

(e)

(fy

(g)

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

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

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

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

Any law to the contrary notwithstanding, authorize and license the
establishment, operation and maintenance of cockpits, and
regulate cockfighting and commercial breeding of gamecocks.
Existing rights should not be prejudiced;

Subject to the guidelines prescribed by the Department of
Transportation and Communications, regulate the operation of
tricycles and franchises for the operation thereof within the
territorial jurisdiction of the province; and

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


(4) Regulate activities relative to the use of land, buildings and structures
within the province in order to promote the general welfare and, for
said purpose, shall

(a) Declare, prevent or abate nuisance;

(b) With the concurrence of a majority of the members of the
sangguniang panlalawigan, a quorum being present, deny the
entry of legalized gambling by ordinance into any part of the
province or regulate its location in the province;

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

(d) Regulate the disposal of clinical and other wastes from hospitals,
clinics and other similar establishments;

(e) Regulate the establishment, operation and maintenance of cafes,
bars, restaurants, beer, wine and liquor stores, hotels, motels, inns,
pension houses, dorms and lodging houses, and other similar
establishments, including tourist guides and transportation services;

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

(g) Regulate the establishment and provide for the inspection of steam
boilers or any heating device in buildings and structures, and the
storage of inflammable and highly combustible materials within the
province;

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

16


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

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

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

(a) 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;

(b) Provide for the establishment, maintenance, protection and
conservation of communal forests and watersheds, tree parks,
greenbelts, mangroves and other similar forest development
projects;

(c) Establish markets, slaughterhouses or animal corrals and authorize
the operation thereof by the provincial government; and regulate
the construction and operation of private markets, talipapas or other
similar buildings and structures;

(d) Authorize the establishment, maintenance and operation by the
provincial government of ferries, wharves and other structures
intended to accelerate productivity related to marine and seashore
or offshore activities;

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

(f) Regulate the use of streets, avenues, alleys, sidewalks, bridges,
parks and other public places and approve the construction,
improvement, repair and maintenance of the same; establish bus
and vehicles stops and terminals or regulate the use of the same by
privately-owned vehicles which serve the public; regulate garages
and operation of conveyances for hire; designate stands to be
occupied by public vehicles when not in use; regulate the putting up

17


L
4

of signs, signposts, awnings and awning posts on the streets; and
provide for the lighting, cleaning and sprinkling of streets and pubic
places;

(g) Regulate traffic on all streets and bridges; prohibit encroachments
or obstacles thereon and, when necessary in the interest of public
welfare, authorize the removal of encroachments and illegal
settlement structures and constructions in public lands and areas;

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

(

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

i

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

(k) 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 Department of Education;

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

SEC. 15, Full Disclosure of Financial and Business Interests of
Sangguniang Panlalawigan Members. - (A) Every sangguniang panlalawigan
members shall, upon assumption to office, make a full disclosure of his business
and financial interest. He shall, upon assumption to office, make a full disclosure
of his business and financial interest. He shall also disclose any business and
financial, professional relationship, or any relation by affinity or consanguinity

18


within the fourth civil degree which he may have with any person, firm or entity
affected by any ordinance or resolution under consideration by the sanggunian of
which he is a member, which relationship may result in conflict of interest. Such
relationship shall include:

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

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

In the absence of a specific constitutional or statutory provision 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 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 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 when a member takes a position or makes
a privilege speech on a matter that may affect the business interest,
financial connection or professional relationship described herein.

SEC. 16. Sessions. — (A) On the first day of session immediately following
the election of its members, the sangguniang panlalawigan shall, by resolution,
fix the day, time and place of its regular sessions. The minimum number of
regular sessions of the sangguniang panlalawigan shall be once a week.

(8) 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 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 sessions except those stated in the notice

SEC. 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 raised during the session, the
presiding officer shall immediately proceed to call the roll of the members and
thereafter announce the results.

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

SEC. 18. Approval of Ordinances. - (A) Every ordinance enacted by the
sangguniang panlalawigan shall be presented to the provincial governor. If the
governor approves the same, he shall affix his signature on each and every page
thereof; otherwise, he shall veto it and return the same with his objections to the
sanggunian, which may proceed to reconsider the same. The sanggunian may
override the veto of the governor by two-thirds (2/3) vote of all its members,
thereby making the ordinance or resolution effective for all legal intents and
purposes.

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

SEC. 19. Veto Power of the Governor. - (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 reasons thereof in writing.

(B) The governor shall have the power to veto any particular item ort
items of an appropriations ordinance, an ordinance or resolution adopting a local
development plan, a public investment program, or an ordinance directing the
payment of money or creating liability. In such case, the veto shall not affect the
item or items which are not objected to. The vetoed item or items shall not take
effect unless the sangguniang panlalawigan overrides the veto in the manner

20


4

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

ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS

Sec. 20. Permanent Vacancy in the Office of the Provincial Governor. -
(A) Ifa permanent vacancy occurs in the office of the governor, the vice governor
shall become the governor. If the vice governor refuses to assume the position of
governor, the highest ranking sangguniang panlalawigan member shall become
the governor. If a permanent vacancy occurs in the office of the vice governor,
the highest ranking sangguniang panlalawigan member or, in case of his
permanent incapacity, the second highest ranking sangguniang panlalawigan
member shall become the provincial governor or vice governor, as the case may
be. Subsequent vacancies in said offices shall be filled automatically by the other
sanggunian members according to their ranking as defined herein

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

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

(3) For purposes of this Act, a permanent vacancy arises when an
elective local 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 office; and

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

SEC. 21. Permanent Vacancies in the Sanggunian. - (A) Permanent
vacancies in the sangguniang panlalawigan where automatic succession as
provided as provided above does not apply shall be filled by appointments in the
following manner:

21


(1) The president, through the Executive Secretary shall make the
aforesaid appointments;

(2) Only the nominee of the political party under which the sanggunian
member concerned had been elected shall be appointed in the manner herein
provided. The appointee shall come from the 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 therefore;

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

(4) 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 ashall be filled autom,atically by the
official next in rank of the organization concerned.

SEC. 22. Temporary Vacancy in the Office of the Provincial Governor, —
(A) When the governor is temporarily incapacitated to perform his duties for
physical or legal reasons such as, but not limited to, eave of absence, travel
abroad and suspension from office, the vice governor shall automatically
exercise the powers and perform the duties and functions of the governor, except
the power to appoint, suspend or dismiss employees which can only be
exercised if the period of temporary incapacity exceeds thirty (30) working days.

ARTICLE Vil

APPOINTIVE PROVINCIAL OFFICIALS:
THEIR QUALIFICATIONS, POWERS AND DUTIES

SEC, 23. The Secretary to the Sangguniang Panlalawigan. — (A) There
shall be a secretary to the sangguniang pantalawigan who shall be a career
official, with the rank and salary equal to a head of department or office.

(B) No person shall be appointed secretary to the sanggunian unless he is

a citizen of the Philippines, a resident of the local government unit concerned, of
good moral character, a holder of a degree preferably in law, commence or

22


public administration from a recognized college or university, and a first grade
civil service eligible or its equivalent

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

(1)

(2)

(4)

(5)

(6)

(7)

(8)

(9)

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

Keep the seal of the local government unit and affix the same
with his signature to all ordinances, resolutions and other
official acts of the sanggunian, and present the same to the
presiding officer for his signatures;

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

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

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

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;

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

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; and

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 the law or ordinance relative to his position.

SEC. 24 The Provincial Treasurer. ~ (A) The treasurer shall be appointed
by the Secretary of Finance from the list of at least three ranking eligible
recommendees of the governor, subject to civil service law, rules and
regulations.

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

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

The appointment of the provincial treasurer shall be mandatory

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

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

(2) Take custody and exercise proper management of the funds of the
local government unit concerned;

(3) Take charge of the disbursement of all local government funds and
such other funds the custody of which may be entrusted to him 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 of Book Il of the Local
Government Code of 1991;

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

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


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

SEC. 25. The Provincial Assessor. ~ (A) No person shall be appointed
assessor unless he is a citizen of the Philippines, a resident of the province, of
good moral character, a holder of a college degree preferably in civil or
mechanical engineering, commerce or any other related course from a
recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in real property assessment work
or in any related field for at least five years.

The appointment of the provincial assessor shall be mandatory.

(B) The assessor shall take charge of the assessor's office, perform the
duties provided for under Book II of the Local Government Code of 1991, and
shall:

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

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

(3) _ Establish a systematic method of real property assessment:

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

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

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

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

(8) Prepare a schedule of the fair market value for the different

classes of real properties, in accordance with Title 2, Book I!
of the Local Government Code of 1991;

25


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

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

(11) Exercise technical supervision and visitorial functions over
all component city and municipal assessors, coordinate with
component city or 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 assistagce therefore: Provided, however,
That upon full provisién by the component city or
municipality concerned 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.

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

SEC. 26 The Provincial Accountant. — (A) No person shall be appointed
accountant unless he is a citizen of the Phillipine, a resident of the province of
good moral character and a certified public accountant. He must have acquired
experience in the treasury or accounting service for at least five years

The appointment of a provincial accountant is mandatory.

(B) The 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 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 to which expenditures
and obligations may be properly charged;

26


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

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

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

(8) Post individual disbursements to the subsidiary ledger 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
keep all records and reports related thereto; and

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

(C ) Exercise such other powers and perform such other duties and

functions as may be provided by law or ordinance.

SEC. 27. The Provincial Budget Officer. - (A) no person shall be

appointed budget officer unless he is a citizen of the Philippines, a resident of the
province, of good moral character, a holder of a college degree preferably in
accounting, economics, public administration or any related course from a
recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in government budgeting or in any
related field for at least five years.

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

budgetary and appropriation matters for the signature of the
governor,


4

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

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

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

(6) Submit periodic budgetary reports to the Department of Budget

and Management,

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

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

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

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

SEC. 28. The Provincial Planning and Development Coordinator. — (A) No
person shall be appointed planning and development coordinator unless he is
citizen of the Philippines, a resident of the province, of good moral character, a
holder of a college degree preferably in urban planning, development studies,
economics, public administration or any related course from a recognized college
or university, and a first grade civil service eligible or its equivalent, He must
have acquired experience in development planning or any related field for at
least five years.

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

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

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


4

=

(2

(3)

(4

(5

6

(7

(8)

Conduct continuing studies, researchers and training programs
necessary to evolve plans and programs for implementation;

Integrate and coordinate all sectoral plans and studies
undertaken by the different development programs, projects
and activities in the province in accordance with the approved
development plans;

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

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

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

Promote people participation in development planning within
province; and

Exercise supervision and control over the secretariat of the
provincial development council

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

SEC. 29. The Provincial Engineer. — (A) No person shall be appointed
engineer unless he is a citizen of the Philippines, a resident of the province, of
good moral character and a licensed civil engineer, He must have acquired
experience in the practice of his profession for at least five years.

The appointment of the provincial engineer shall be mandatory.

(B) The engineer shall take charge of the engineering office, and shall;

(2)

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;

Advice the governor on infrastructure, public works and
other engineering matters;

29


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

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

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

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

SEC. 30. The Provincial Health Officer. — (A) No person shall be
appointed health officer unless he is a citizen of the Philippines, a resident of the
province, of good moral character and a licensed medical practitioner. He must
have acquired experience in the practice of his profession for at least five years

The appointment of a provincial health officer shall be mandatory

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

' (1) Supervise the personnel and staff of said office,
formulate program implementation guidelines and rules
1 and regulations for the operation of the said office for
the approval of the governor, in order to assist him in the
efficient, effective and economical implementation of
health services programs geared towards 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 governor in carrying out
t activities to ensure the delivery of basic services and
provision of adequate facilities relative to health services
| provided for under Section 17 of the Local Government
Code of 1991;

(3) Develop plans and strategies and, upon approval
thereof by the governor, implement the same,
particularly those which have to do with health programs

30



(4)

(5)

and projects which the governor is empowered to
implement and which the sanggunian is empowered to
provide for under the Local Government Code of 1991;

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

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

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

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

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

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

(f) 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.

(g) Conduct health information campaigns and render
health intelligence service;

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

(i) Exercise general supervision over health offices of
component cities and municipalities.

Be in frontline of the delivery of health services,

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

31


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

SEC. 31. The Provincial Civil Registrar. - (A) No person shall be
appointed civil registrar unless he is a citizen of the Philippines, a resident of the
province, of good moral character, a holder of a college degree from a
recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in civil registry work for at least
five years.

The appointment of a provincial civil registrar shall be mandatory.

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

The civil registrar shall take charge of the office of the civil registry, and
shall

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

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

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

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

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

(a) Transmit to the office of the civil registrar-general, within
the prescribed period, duplicate copies of registered
documents required by law;

(e) Issue certified transcripts or copies of any certificate or

registered documents upon payment of the prescribed
fees to the treasurer by law;

32


ft
t
i

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

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

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

SEC. 32. The Provincial Administrator, — (A) No person shall be appointed
administrator unless he is a citizen of the Philippines, a resident of the province,
of good moral character, a holder of a college degree preferably in public
administration, law or any related course from a recognized college or university,
and a first grade civil service eligible or its equivalent. He must have acquired
experience in management and administration work for at least five years.

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

The appointment of a provincial administrator shall be, mandatory.

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

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

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

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

33


ssamaneiiiiniea dibs

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

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

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

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

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

SEC. 33. The Provincial Legal Officer. - (A) No person shall be appointed
legal officer unless he is a citizen of the Philippines, a resident of the province, of
good moral character and a member of the Philippine Bar. He must have
practiced his profession for at least five (5) years.

The term of the legal officer shall be coterminous with that of his
appointing authority,

The appointment of a provincial legal officer shall be mandatory.

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

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

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

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


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

(b) When required by the 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 instruments already drawn;

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

(d) Investigate or cause to be investigated any provincial official or
employee for administrative neglect or misconduct in office al1d
recommend appropriate action to the provincial governor or the
sangguniang panlalawigan;

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

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

(g) Review and submit recommendations on ordinances approved
and executive orders Issued by component 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;

(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 or calamities; and

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


Sec. 34. The Provincial Agriculturist. - (A) No person shall be appointed
provincial agriculturist unless he is a citizen of the Philippines, a resident of the
province, of good moral character, a holder of a college degree in agriculture or
any related course from a recognized college or university and a first grade civil
service eligible or its equivalent. He must have acquired experience in a related
field for at least five years.

The appointment of a 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:

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

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

(a) Ensure the 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;

(b) 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, prevention and control of plant diseases and
pests and other agricultural matters which will maximize
productivity;

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

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


(e) Coordinate with government agencies and NGOs which promote
agricultural productivity through appropriate technology compatible
with environmental integrity;

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

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

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

SEC. 35. The Provincial Social Welfare and Development Officer. - (A)
No person shall be appointed social welfare and development officer unless he is
citizen of the Philippines, a resident of the province, of good moral character, a
duly licensed social worker and a holder of a college degree preferably in
sociology or any related course from a recognized college or university, and a
first grade civil service eligible or its equivalent. He must have acquired
experience in the practice of social work for at least five years

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

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

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

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

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


(a)

(b)

(c)

(d)

(e)

(f)

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;

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

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

Facilitate the implementation of welfare programs for the
disabled, the elderly, the 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;

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

Coordinate with government agencies and nongovernmental
organizations which have for their purpose the promotion and
the protection of all 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 immediate relief during and assistance in the aftermath of
man-made and natural disasters and calamities; and

(5) Recommend to the sangguian and advise the 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.

SEC. 36. The Provincial Environment and Natural Resources Officer. -
(A) No person shall be appointed environment and natural resources officer
unless he is a citizen of the Philippines, a resident of the province, of good moral
character, a holder of a college degree preferably from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must


Se USERS |

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i

acquired experience in environmental and natural resources management,
conservation and utilization for at least five years.

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

(B) The 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 governor in carrying out
measures to ensure the delivery of basic services and provision of adequate
facilities relative to environment and natural resources services as provided for
under Section 17 of the Local Government Code of 1991;

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

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

(a) Ensure the 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;

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

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

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

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


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

(g) 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.

(4) Be in the frontline of the delivery of basic 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 and calamities; and

(6) Recommend to the sanggunian and advise the governor on all matters
related to the protection, conservation, maximum utilization,
application of appropriate technology and other matters related to 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.

SEC. 37. The Provincial Veterinarian. — (A) No person shall be appointed
veterinarian unless he is a citizen of the Philippines, a resident of the provicen, of
good moral character and a licensed doctor of veterinary medicine. He must
have practiced his profession for at least three years.

The appointment of a provincial veterinarian shall be mandatory.

(B) The veterinarian shall take charge of the office for veterinary services,
and shall:

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

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

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

40


§

(a) Advise the governor on all matters pertaining to the slaughter of
animals for human consumption and regulation of slaughterhouses:
(b) Regulate the keeping of domestic animals;

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

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

(e) 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 human consumption, particularly those
arising from and in the aftermath of man-made and natural disasters and
calamities; and

(5) Recommend to the sanggunian and advise the 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 human consumption.

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

SEC. 38. The Provincial General Services Officer. (A) No person shall be
appointed general services officer unless he is a citizen of the Philippines, a
resident of the province, of good moral character, a holder of a college degree in
public administration, business administration or management from a recognized
college or university, and a first grade civil service eligible or its equivalent, He
must have acquired experience in general services, including management of
supply, property, solid waste disposal and general sanitation for at least five
years.

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

(B) The 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 governor in carrying out
Measures to ensure the delivery of basic services and provision of adequate
facilities pursuant to Section 17 of the Local Government Code of 1991, and
those which require general services expertise and technical support services:

41


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

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

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

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

(c ) Recommend to the governor 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;

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

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

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

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

(h) Perform other functions pertaining to supply and property
management heretofore performed by the local government treasurer,
and 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,

42


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

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

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

SEC. 39. The Provincial Cooperatives Officer. - (A) No person shall be
appointed cooperatives officer unless he is a citizen of the Philippines, a resident
of the province, of good moral character, a holder of a college degree preferably
in 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 must have acquired experience in
cooperatives organization and management for at least five years.

The appointment of a provincial cooperatives officer shall be mandatory

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

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

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

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

(a) Assist in the organization of cooperatives;
(b) Provide technical and other forms of assistance to existing

cooperatives to enhance their viability as economic enterprise and
social organization; and


(c) 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 and calamities, to aid in their survival and, if necessary,
subsequent rehabilitation; and

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

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

SEC. 40. The Provincial Architect. - (A) No person shall be appointed
architect unless he is a citizen of the Philippines, a resident of the province, of
good moral character and a duly licensed architect. He must have practiced his
profession for at least five years.

The appointment of a provincial architect shall be optional

(B) The 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 governor in carrying out
measures to ensure the delivery of basic services and provision of adequate
facilities relative to architectural planning and design as provided for under
Section 17 of the Local Government Code of 1991;

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

(4) In addition to the foregoing duties and functions, the architect
shall:

(a) 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 appropriate planning of marine and foreshore areas;

44


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4

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

(c) 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 and disasters; and

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

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

SEC. 41. The Provincial Population Officer. — (A) No person shall be
appointed population officer unless he 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 must have
acquired experience in the implementation of programs on population
development or responsible parenthood for at least five years

‘The appointment of a provincial population officer shall be optional

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

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

(2) Develop plans and strategies and, upon approval thereof by the
governor, implement the same, particularly those which have to do with the
integration of population development principles and methods in programs and
projects which the governor is empowered to implement and which the

45


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

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

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

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

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

SEC. 42. The Provincial Information Officer. — (A) No person shall be
appointed information officer unless he is a citizen of the Philippines, a resident
of the province, of good moral character, a holder of a college degree preferably
in journalism, mass communications or any related course from a recognized
college or university, and a first grade civil service eligible or its equivalent. He
must have acquired experience in writing articles and research papers, or in
writing for print, television or broadcast media for at least three years:

The appointment of a provincial information officer shall be optional.

(B) The 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 govemor in providing the
information and research data required for the delivery of basic services and
provision of adequate facilities so that the public becomes aware of said services
and may fully avail of the same;

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

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

46


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

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

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

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

(5) Recommend to the sanggunian and advise the governor on all other
matters relative to public information and research data as it relates to 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 SCHOOL DIVISION, THE PROVINCIAL.
PROSECUTION SERVICE AND THE PROVINCIAL
ENGINEERING DISTRICT

SEC. 43. The Provincial Fire Station Service. — (A) There shall be
established in the Province of Surigao del Oriente at least five fire stations with
adequate personnel, fire fighting facilities and equipment, by the Department of
the Interior and Local Government (DILG) within two months upon the
commencement of the corporate existence of the new province.

The provincial government shall provide the necessary land or sites of the
provincial fire stations.

47


(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. 6975, otherwise known as the Philippine National Police Law.

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

SEC. 44. The Provincial Jail Service. — (A) There shall be established and
maintained in the Province of del Oriente, within two months from the
commencement of the corporate existence of the 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
who must be a graduate of a four year course in psychology, psychiatry,
sociology, nursing, social work or criminology who shall assist in the immediate
rehabilitation of individuals or detention of prisoners. Great care must be
exercised so that human rights of these prisoners are respected and protected,
and their spiritual and physical well-being are properly and promptly attended to

SEC. 45. The Surigao del Oriente Provincial School Division. (A) The
Department of Education shall, within two months from the commencement of
the corporate existence of the province herein created, establish and maintain a
separate school division in the Province of Surigao del Oriente whose jurisdiction
shall cover the municipalities under the lone legislative district of the province.

(B) The provincial school division shall be headed by a division
superintendent who must possess the necessary qualifications required by the
Department of Education

SEC. 46. The Provincial Prosecution Service. - (A) There shall be
established and maintained in the Province of Surigao del Oriente a prosecution
service by the Department of Justice (DOJ), within two months from the
commencement of the corporate existence of the province herein created, which
shall be headed by a’ provincial prosecutor and such number of assistant
prosecutors as may be necessary, who shall be organizationally part of the 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 and covering prosecutors in the DOJ.

48


i

(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 province, and shall render to and
for the province such other service as are required by law or regulation of the
DOV.

The regional trial courts and other courts under the DOJ of adjoining
municipalities shall continue to try crimes and misdemeanors committed within
the jurisdiction of the new province. The court first taking jurisdiction of such
offense shall thereafter retain exclusive jurisdiction thereof.

SEC. 47. The Surigao de! Oriente Provincial Engineering District. - There
shall be established and maintained by the Department of Public Works and
Highways (DPWH) a separate and independent highway engineering district for
the Province of Surigao del Oriente, within two months from the commencement
of the corporate existence of the province herein created, which shall be headed
by a district engineer and such number of assistant district engineers as may be
necessary, who shall be organizationally part of the DPWH, and under the
supervision and control of the Secretary of the DPWH, and whose qualifications,
manner of appointment, rank, salary and benefits shall be governed by existing
laws.

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

SEC. 48. Plebiscite. - The Province of Surigao del Oriente shall be
created, as provided for in this Act, upon approval by a majority of the votes cast
by the voters of the Province of Surigao del Sur in a plebiscite to be conducted
and supervised by the Commission on elections within thirty (30) days from the
date of effectivity of this Act

The amount necessary for the conduct of the plebiscite shall be charged
to the appropriation of the Province of Surigao del Sur and the city and four (4)
municipalities being proposed to comprise the Province of Surigao del Oriente.

SEC. 49. Commencement of Corporate Existence. — The province of
Surigao del Oriente shall commence its corporate existence upon the election
and qualification of the governor, vice governor and majority of the members of
the sangguniang panlalawigan.

SEC. 50. Officials of the Province of Surigao del Oriente, - (A) The first

set of elective officials of the Province of Surigao del Oriente shall be elected in
the next local elections following the effectivity of this Act.

49


i

The President of the Philippines shall appoint an interim governor, vice
governor and members of the sangguniang panlalawigan, who shall serve only
until a new set of provincial officials have been elected and qualified.

(B) The incumbent congressional representatives of the present Province
of Surigao del Sur shall continue to represent their respective legislative districts
until the expiration of their term of office.

SEC. 51. Organization of the Provincial Government. — All provincial
appointive positions in the Province of Surigao del Oriente as enumerated in
Section 8 hereof be filled within sixty (60) days after the commencement of
corporate existence of the province, as provided for in Section 49 hereof. This
shall be done without prejudice to the officials and employees of the present
Province of Surigao del Sur, who may wish to serve in the Province of Surigao
del Oriente.

SEC. 52. Suspension of Increase in Rates of Local Taxes. - No increase
in the rates of local taxes shall be imposed by the province within the period of
five years from it's acquisition of corporate existence. Notwithstanding any
existing law or ordinance to the contrary, real property tax in the locality shall not
be increased within five years upon its creation into a new province

SEC. 53. Proportionate Division. - Upon the commencement of corporate
existence if the new province, the obligations, funds, assets and other properties
of the present Province of Surigao del Sur shall be divided proportionately
between the Province of Surigao del Sur and the Province of Surigao del Oriente
by the President of the Philippines upon the recommendation of the Commission
on Audit.

SEC. 54, Applicability of Laws. - The provisions of Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and other laws as are
applicable to provinces shall govern the Province of Surigao del Oriente insofar
as they are not inconsistent with the provisions of this Act

SEC. 55. Separability Clause. — If any parts of this Act is declared invalid
or unconstitutional, the other parts or provisions hereof shall remain valid and
effective.

SEC. 56. Effectivity. - This Act shall effect fifteen (15) days upon its
publication in at least two newspapers of general circulation and local circulation

Approved,

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