EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
^ e u a t£
o( tl)< ftpcrfUrp
20 
JAN 20 P2 ;46
S E N A T E
S. No. 1274
RECE!'.'.DB>':
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT CREATING THE PROVINCE OF WESTERN MAGUINDANAO
EXPLANATORY NOTE
The people of Maguindanao have expressed their desire for the creation of a 
new province since 2006 as they overwhelmingly ratified in a plebiscite the creation of 
the Province of Sheriff Kabunsuan by ARMM through the Muslim Mindanao Act No. 
201. The realization of their dream, however, was short-lived when the Supreme Court 
struck down the power of ARMM Regional Assembly to create province as 
unconstitutional.
Since then, the clamor of the Maguindanaons to create a new province has 
grown and intensified as manifested by the resolutions of thirteen (13) municipalities. 
These resolutions are also endorsed by the Sangguniang Panlalawigan, and 
unanimously supported by the Municipal Mayors from the Second District of 
Maguindanao.
In response to the public clamor, this measure is being filed consistent with the 
will of the people and reflective of the aspirations of the people of Maguindanao with 
the end in view of inspiring and hastening greater development and progress in the 
area.
The new province proposed in this Bill shall be named Province of Western 
Maguindanao to be composed of thirteen (13) municipalities -  Barira, Buldon, Datu 
Blah Sinsuat, Datu Odin Sinsuat, Kabuntalan, Matanog, Northern Kabuntalan, Parang, 
Upi (North Upi), Sultan Kudarat, Sultan Mastura, and Talitay (Sultan Sumagka) South 
Upi.
Considering the foregoing, immediate passage of this Bill is earnestly sought.
RAMON BONG REVILLA, JR.


BGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
S E N A T E
s. No. 1274
Senate
^ 
W u f of 
cr»t« rp
20 JAN 20 P2 ^6
RECLlVrD BY;
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT CREATING THE PROVINCE OF WESTERN MAGUINDANAO
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
ARTICLE I
GENERAL PROVISIONS
1 
Section 1. Title. -  This Act shall be known as the "Charter of the Province of
2 
Western Maguindanao."
3 
Sec. 2. Province o f Western Maguindanao. -  There is hereby created a new
4 
province from the present Province of Maguindanao to be known as the Province of
5 
Western Maguindanao, consisting of the Municipalities of Barira, Buldon, Datu Blah
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Sinsuat, Datu Odin Sinsuat, Kabuntalan, Matanog, Northern Kabuntalan, Parang, Upi
7 
(North Upi), Sultan Kudarat, Sultan Mastura, Talitay (Sultan Sumagka), and South Upi.
8 
The territorial jurisdiction of the Province of Western Maguindanao shall be within the
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present metes and bounds of all the municipalities that comprise the Western
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Maguindanao.
11 
The foregoing provision shall be without prejudice to the resolution by the
12 
appropriate agency or forum of existing boundary disputes or cases involving
13 
questions of territorial jurisdiction between the Western Maguindanao and adjoining
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local government units (LGUs): Provided, That the territorial jurisdiction of the
15 
disputed area or areas shall remain with the LGU, which has existing administrative
16 
supervision over said area or areas until final resolution of the case.


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Sec. 3. Capital Town and Seat o f Government -  The capital town and seat of
2 
government of the Western Maguindanao shall be the Municipality of Datu Odin
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Sinsuat.
4 
Sec. 4. Corporate Powers o f the Province. -  The province constitutes a political
5 
body corporate and as such is endowed with the attributes of perpetual succession
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and possessed of the powers which pertain to a provincial corporation to be exercised
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in conformity with the provision of this Charter and the Local Government Code of
8 
1991, as amended. The province shall have the following corporate powers:
9 
a) To have a continuous succession in its corporate name;
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b) To sue and be sued;
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c) To have and use a corporate seal;
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d) To acquire, hold and convey real or personal property;
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e) To enter into contracts and/or agreements; and
14 
f) To exercise such other powers, prerogatives or authority subject to the
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limitations provided in this Act or other laws.
16 
Sec. 5. General Powers. -  The province shall have a common seal and may
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alter the same at its pleasure: Provided, That any change of corporate seal shall be
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registered with the Department of the Interior and Local Government (DILG). It shall
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have the power to create its sources of revenue and to levy taxes, fees and charges;
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to close and open roads, streets, alleys, parks or squares; to take, purchase, receive,
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hold, lease, convey and dispose of real and personal property for the general interests
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of the province; to expropriate or condemn private property for public use; to contract
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and to be contracted with; to sue and be sued; to prosecute and defend by final
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judgment and execution suits wherein the province is involved or interested in and to
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exercise all the powers as are granted to corporations or as hereinafter granted,
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subject to the provisions of the Local Government Code of 1991, as amended.
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Sec. 6. Liability for Damages. — The province and its officials shall not be
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exempt from liability for death or injury to persons or damage to property.
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Sec. 7. Legislative District. —The Province of Western Maguindanao shall have
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its own legislative district to commence in the next national and local elections after
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the effectivity of this Charter. Henceforth, the Municipalities of Barira, Buldon, Datu


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Blah Sinsuat, Datu Odin Sinsuat, Kabuntulan, Matanog, Northern Kabuntulan, Parang,
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Dpi (North Upi), Sultan Kudarat, Sultan Mastura, Talitay (Sultan Sumagka), and South
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Upi including Cotabato City shall comprise the lone Legislative District of the Province
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of Western Maguindanao and Cotabato City while the Municipalities of Ampatuan,
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Buluan, Datu Abdullah Sangki, Datu Anggal Midtimbang, Datu Hofer Ampatuan, Datu
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Montawal, Datu Paglas, Datu Piang, Datu Saibo Datu Saudi Ampatuan, Datu Unsay,
7 
GYen, S.K. Pendatun, Guindulungan, Mamasapano, Mangundadatu, Pagalungan,
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Paglat, Pandag, Rajah Buayan, Shariff Aguak, Shariff Saydona Mustapha, Sultan Sa
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Barongis and Talayan, shall comprise the Lone Legislative District of the Province of
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Maguindanao.
11 
The incumbent Representatives of the present Province of Maguindanao shall
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continue to represent their respective legislative districts until the expiration of their
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term of office.
14 
ARTICLE I I
15 
PROVINCIAL OFFICIALS IN GENERAL
16
17 
Sec. 8. Officials o f the Provincial Government —
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a.) There shall be in the Province of Western Maguindanao: a provincial
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governor, a provincial vice governor, the regular members of the
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sangguniangpaniaiawigan, a secretary to the sangguniangpaniaiawigan, a
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provincial treasurer, a provincial assessor, a provincial accountant, a
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provincial 
budget 
officer, 
a 
provincial 
planning 
and 
development
23 
coordinator, a provincial engineer, a provincial health officer, a provincial
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administrator, a provincial legal officer, a provincial agriculturist, a provincial
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social welfare and development officer, a provincial environment and
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natural resources officer, a provincial veterinarian, and a provincial general
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services officer.
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b.)In  addition thereto, the provincial governor may appoint a provincial
29 
architect, a provincial population officer, a provincial cooperatives officer
30 
and a provincial information officer.
31 
c.) The sangguniang paniaiawigan may:


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1.) Maintain existing offices mentioned in subsections (a) and (b) hereof;
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2.) Create such other offices as may be necessary to carry out the purposes
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of the provincial government; or
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3.) Consolidate the functions of any office with those of another in the
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interest of efficiency, economy, and public welfare.
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Unless otherwise provided herein or in the 1991 Local Government Code, as
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amended, the heads of departments and offices shall be appointed by the provincial
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governor with the concurrence of a majority of all the sangguniang panlalawigan
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members, subject to civil service law, rules and regulations. 
The sangguniang
10 
panlalawigan shall act on the appointment within fifteen (15) days from the day of its
11 
submission; otherwise, the same shall be deemed confirmed.
12 
Sec. 9. Residence and Office. — During the incumbency of the provincial
13 
governor, he or she shall have his or her official residence and office in the capital of
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the province. All elective and appointive provincial officials shall hold office in the
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provincial capital: 
Provided, That, 
upon the resolution of the sangguniang
16 
panlalawigan, elective and appointive provincial officials may hold office in any
17 
component city or municipality within the province for a period of not more than seven
18 
(7) days for any given month.
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Elective and appointive provincial officials shall receive such compensation,
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allowances and other emoluments as may be determined by law or ordinance, subject
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to the budgetary limitations on personal services prescribed under Title V, Book II of
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the Local Government Code of 1991, as amended: Provided, That, no increase in
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compensation shall take effect until after the expiration of the full term of all the
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elective officials approving such increase.
25 
Sec. 10. The Provincial Governor.—
26 
a.) The provincial governor, as the chief executive of the provincial
27 
government, shall exercise such powers and perform such duties and
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functions as provided for in the Local Government Code of 1991, as
29 
amended, and other laws.
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b.) For efficient, effective and economical governance, the purpose of which is
31 
the general welfare of the province and its inhabitants pursuant to Section


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16 of the Local Government Code of 1991, as amended, the provincial 
governor shall:
1.) Exercise general supervision and control over all programs, projects,
services and activities of the provincial government and, in this
connection, shall:
(i) 
Determine the guidelines of provincial policies and be responsible 
to the sangguniang panlalawigan for the program of the 
government;
(ii) 
Direct the formulation of the provincial development plan, with 
the assistance of the provincial development council and upon 
approval thereof by the sangguniang panlalawigan, implement 
the same;
(Hi) 
Present the program of government and propose policies and 
projects for the consideration of the sangguniang panlalawigan at 
the opening of the regular session 
of the sangguniang 
panlalawigan every calendar year and as often as may be deemed 
necessary as the general welfare of the inhabitants and the needs 
of the provincial government may require;
(iv) 
Initiate and propose legislative measures to the sangguniang 
panlalawigan and as often as may be deemed necessary, provide 
such information and data needed or requested by said 
sangguniang panlalawigan in the performance of its legislative 
functions;
(v) 
Appoint 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 or she may be authorized by law to appoint;
(vi) 
Represent the province in all its business transactions and sign in 
its behalf all bonds, contracts and obligations, and such other 
documents upon the authority of the sangguniang panlalawigan 
or pursuant to law or ordinance;


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(vii) 
Carry out such emergency measures as may be necessary during 
and in the aftermath of man-made and natural disasters and 
calamities;
(viii) 
Determine the time, manner and place of payment of salaries or 
wages of the provincial officials and employees, in accordance 
with law or ordinance;
(ix) 
Allocate and assign office space to the provincial and other 
officials and employees who, by law or ordinance, are entitled to 
such space in the provincial capitol and other buildings owned or 
leased by the provincial government;
(x) 
Ensure that all executive officials and employees of the province 
faithfully discharge their duties and functions as provided for by 
law and the Local Government Code of 1991, as amended, and 
cause to be instituted administrative or judicial proceedings 
against any official or employee of the province who may have 
committed an offense in the performance of his or her official 
duties;
(xi) 
Examine the books, records and other documents of all offices, 
officials, agents or employees of the province and, in aid of his or 
her executive powers and authority, require all national officials 
and employees stationed in the province to make available to him 
or her such books, records and other documents in their custody, 
except those classified by law as confidential;
(xii) 
Furnish copies of executive orders issued by him or her to the 
Office of the President within seventy-two (72) hours after their 
issuance;
(xiii) 
Visit component cities and municipalities of the province at least 
once every six (6) months to deepen his or her understanding of 
problems and conditions, listen and give appropriate counsel to 
local officials and inhabitants, inform the officials and inhabitants 
of component cities and municipalities of general laws and


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ordinances which especially concern them, and otherwise conduct 
visits and inspections to ensure that the governance of the 
province will improve quality of life of the inhabitants;
(xiv) 
Act on leave applications of officials and employees appointed by 
him or her and the commutation of the monetary value of their 
leave credits in accordance with law;
(xv) 
Authorize official trips of provincial officials and employees 
outside of the province for a period not exceeding thirty (30) 
days;
(xvi) 
Call upon any national official and employee stationed in or 
assigned to the province to advise him or her on matters affecting 
the province and to make recommendations thereon; coordinate 
with the said official or employee in the formulation and 
implementation of plans, programs and projects; and, when 
appropriate, initiate an administrative or judicial action against a 
national government official or employee who may have 
committed an offense in the performance of his or her duties 
while stationed in or assigned to the province;
(xvii) Authorize payment for medical care, necessary transportation, 
subsistence, hospital or medical fees of provincial officials and 
employees who are injured while in the performance of their 
official duties and functions, subject to the availability of funds;
(xviii) Represent the province in inter-provincial or regional sports 
councils or committees, and coordinate the efforts of component 
cities or municipalities in the regional or national pataro or sports 
development activities;
(xix) 
Conduct an annual palarong panlalawigan, which shall feature 
traditional sports and disciplines included in national and 
international games in coordination with the Department of 
Education (DepEd); and


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(xx) 
Submit to the Office of the President the following reports: an 
annual report containing a summary of all matters pertinent to 
the management, administration and development of the 
province and all information and data relative to its political, social 
and economic conditions; and supplemental reports when 
unexpected events and situations arise at any time during the 
year, particularly when man-made or natural disasters or 
calamities affect the general welfare of the province, the region 
or the country in general;
(2) Enforce all laws and ordinances relative to the governance of the 
province and the exercise of the appropriate corporate powers 
provided for in Section 22 of the Local Government Code of 1991, as 
amended; implement all approved policies, programs, projects, 
services and activities of the province; and, in addition to the 
foregoing; shall:
(i) 
Ensure that the acts of the component cities and 
municipalities of the province and of its officials and 
employees are within the scope of their prescribed powers, 
duties and functions;
(ii) 
Call conventions, conferences, seminars or meetings of 
any elective and appointive officials of the province and its 
component cities and municipalities, including national 
officials and employees stationed in or assigned to the 
province, at such time and place and on such subject as 
he or she may deem important for the promotion of the 
general welfare of the province and its inhabitants;
(iii) 
Issue such executive order for the faithful and appropriate 
enforcement and execution of laws and ordinances;
(iv) 
Be entitled to carry the necessary firearm within his or her 
territorial jurisdiction;


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(V)
In coordination with the mayors of component cities and
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municipalities 
and 
the 
National 
Police Commission,
3
formulate the peace and order plan of the province and
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upon its approval, implement the same in accordance with
5
Republic Act No. 6975; and
6
(V i)
Call upon the appropriate national law enforcement
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agencies to suppress disorder, riot, lawless violence.
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rebellion or sedition or to apprehend violators of the law
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when public interest so requires and the police forces of
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the component city or municipality where the disorder or
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violation is happening are inadequate to cope with the
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situation or the violators;
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(3) Initiate and maximize the generation of resources and revenues, and
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apply the same to the implementation of development plans,
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program objectives and priorities as provided for under Section 18 of
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the Local Government Code of 1991, as amended, particularly those
17
resources 
and 
revenues 
programmed 
for 
agro-industrial
18
development and countrywide growth and progress and, relative
19
thereto, shall;
20
(0
Require each head of an office or department to prepare
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and submit an estimate of appropriations for the ensuing
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calendar year, in accordance with the budget preparation
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process under Tittle V, Book II of the Local Government
24
Code of 1991, as amended;
25
(ii)
Prepare and submit to the sangguniang panlalawigan for
26
approval the executive and supplemental budgets of the
27
province for the ensuing calendar year in the manner
28
provided for under Title V, Book II of the Local Government
29
Code of 1991, as amended;
30
(Hi)
Ensure that all taxes and other revenues of the province
31
are collected, and that provincial funds are applied to the 
9


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payment of expenses and the settlement of obligations of 
the province, in accordance with law or ordinance;
(iv) 
Issue licenses and permits and suspend or revoke the same 
for any violation of the conditions upon which said licenses 
or permits had been issued, pursuant to law or ordinance;
(v) 
Adopt adequate measures to safeguard and conserve land, 
mineral, marine, forestand other recourses of the province, 
in coordination with the mayors of component cities or 
municipalities;
(vi) 
Provide efficient and effective property and 
supply 
management in the province; and protect the funds, 
credits, rights and other properties of the province; and
(vii) 
Institute or cause to be instituted administrative or judicial 
proceedings for violations of ordinances in the collection of 
taxes, fees or charges, and for the recovery of funds and 
property, and cause the province to be defended against 
all suits to ensure that its interests, resources and rights 
shall be adequately protected;
(4) Ensure the delivery of basic services and the provision of adequate 
facilities as provided for under Section 17 of the Local Government 
Code of 1991, as amended and, in addition thereto, shall:
(I) 
Ensure that the construction and repair of roads and 
highways funded by the national government shall be, as 
far as practicable, carried out in a spatially contiguous 
manner and in coordination with the construction and 
repair of the roads and bridges of the province and of its 
component cities and municipalities; and
(ii) 
Coordinate the implementation of technical services by 
national offices for the province and its component cities 
and 
municipalities, 
including 
public 
works 
and
10


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infrastructure programs of the provincial government and
2 
its component cities and municipalities; and
3 
(5) Exercise such other powers and perform such other duties and
4 
functions as may be prescribed by law or ordinance.
5 
The provincial governor shall receive a minimum monthly compensation
6 
corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758,
7 
as amended, and the implementing guidelines issued pursuant thereto.
8 
Sec. 11. V ie Provincial Vice Governor-
9 
(a)The provincial vice governor shall:
10 
(1) Be the presiding officer of the sangguniang panlalawigan and sign
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all warrants drawn on the provincial treasury for all expenditures
12 
appropriated for the operation of the sangguniang panlalawigan]
13 
(2) Subject to civil service law, rules and regulations, appoint all officials
14 
and employees of the sangguniang panlalawigan, except those
15 
whose manner of appointment is specially provided for under existing
16 
laws;
17 
(3) Assume the office of the provincial governor for the unexpired term
18 
of the latter in the event of permanent vacancy as provided for in
19 
Section 44, 
Book I of the Local Government 
Code of 1991, as
20 
amended;
21 
(4) Exercise the powers and perform the duties and functions of the
22 
provincial governor in case of temporary vacancy as provided for in
23 
Section 46, Book I of the Local Government 
Code of 1991, as
24 
amended; and
25 
(5) Exercise such other powers and perform such other duties and
26 
functions as may be prescribed by law or ordinance.
27 
(b)The 
provincial 
vice 
governor shall 
receive 
a 
monthly compensation
28 
corresponding to Salary Grade Twenty-eight (28) as prescribed under Republic
29 
Act No. 6758, as amended, and the implementing guidelines issued pursuant
30 
thereto.
31
11


1 
ARTICLE IV
2 
THE SANGGUNIANG PANLALAWIGAN
3 
Sec. 12. Composition. -
4 
(a)Tlie sangguniang paniaiawigan, the legislative body of the province, shall be
5 
composed of the provincial vice governor as the presiding officer, the regular
6 
sangguaning paniaiawigan members, the president of the provincial chapter of
7 
the liga ng mga barangay, the president of the paniaiawigang pederasyon ng
8 
mga sangguniang kabataan, the president of the provincial federation of
9 
sanggunian m em bersm unicipalities and component cities and the three (3)
10 
sectoral representatives, as members, who shall come from the following
11 
sectors: one (1) from indigenous people and, as shall be determined by the
12 
sangguniang paniaiawigan within ninety (90) days prior to the holding of the
13 
local elections, one (1) from the agricultural or industrial workers sector; and
14 
one (1) from the other sectors, including but limited to the urban poor,
15 
Overseas Filipino Workers Sector, women sector, senior citizen, or persons with
16 
disability.
17 
(b)The regular members of the sangguniang paniaiawigan and the sectoral
18 
representatives shall be elected in the manner as provided for by law, and shall
19 
receive a monthly compensation corresponding to Salary Grade Twenty-seven
20 
(27) as prescribed under Republic Act No. 6758, as amended, and the
21 
implementing guidelines issued pursuant thereto.
22 
Sec. 13. Powers, Duties, Functions and Compensation. -
23 
(a) The sangguniang paniaiawigan, as the legislative body of the province, shall
24 
enact ordinances, approve resolutions and appropriate funds for the general
25 
welfare of the province and its inhabitants pursuant to Section 16 of the Local
26 
Government Code of 1991, as amended, and in the proper exercise of the
27 
corporate powers of the province as provided for under Section 22 of the Local
28 
Government Code of 1991, as amended, and shall:
29 
(1) Approve all ordinances and pass resolutions necessary for an efficient
30 
and effective provincial government and, in this connection, shall:
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(i) 
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;
(ii) 
Maintain peace and order by enacting measures to prevent and 
suppress lawlessness, disorder, riot, violence, rebellion or 
sedition and impose penalties for the violation of said 
ordinances;
(iii) 
Approve ordinances imposing a fine not exceeding Five 
thousand pesos (P5,000.00) or an imprisonment not exceeding 
one (1) year, or both, in the discretion of the court, for the 
violation of a provincial ordinance;
(iv) 
Adopt measures to protect the inhabitants of the province from 
the harmful effects of man-made or natural disasters and 
calamities, and to provide relief services and assistance for 
victims during and in the aftermath of said disasters and 
calamities and their return to productive livelihood following 
said events;
(v) 
Enact ordinances intended to prevent, suppress and impose 
appropriate penalties for habitual drunkenness in public places, 
vagrancy, mendicancy, prostitution, the establishment and 
maintenance of houses of ill repute, gambling and other 
prohibited games of chance, fraudulent devices and ways to 
obtain money or property, drug addiction, maintenance of drug 
dens, drug pushing, juvenile delinquency, the printing, 
distribution or exhibition of obscene or pornographic materials 
or publication, and such other activities inimical to the welfare 
and morals of the inhabitants of the province;
(vi) 
Protect the environment and impose appropriate penalties for 
acts which endanger the environment, such as dynamite
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fishing and other forms of destructive fishing, illegal logging 
and smuggling of logs, smuggling of natural resources products 
and of endangered species of flora and fauna, slash-and-burn 
farming and such other activities which result in pollution, 
acceleration of eutrophication of rivers and lakes, or of 
ecological imbalance;
(vii) 
Subject to the provisions of the Local Government Code of 
1991, as amended, and to other pertinent laws, determine the 
powers and duties of officials and employees of the province;
(viii) 
Determine the positions and salaries, wages, allowances and 
other emoluments and benefits of officials and employees paid 
wholly or mainly from provincial funds and provide for 
expenditures necessary for the proper conduct of programs, 
projects, services and activities of the provincial government;
(ix) 
Authorize the payment of compensation to a qualified person 
not in the government service who fills in a temporary vacancy 
or grant honorarium to any qualified official or employee 
designated to fill a temporary vacancy in a current capacity at 
the rate authorized by law;
(x) 
Provide mechanism and the appropriate funds therefore to 
ensure the safety and protection of all provincial government 
property, public documents or records such as those relating 
to property inventory, land ownership, records of births, 
marriages, deaths, assessments, taxation, accounts, business 
permits and such other records and documents of public 
interest in the offices and departments of the provincial 
government; and
(xi) 
When the finances of the provincial government allow, provide 
for additional allowances and other benefits to judges, 
prosecutors, public elementary and high school teachers, and
14


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31
1
Other national government officials stationed or assigned to the 
province;
(2) Generate and maximize the use of resources and revenues for the 
development plans, program objectives and priorities of the province 
as provided for under Section 18 of the Local Government Code of 
1991, as amended, with particular attention to agro-industrial 
development and countrywide growth and progress and, relative 
thereto, shall:
(i) 
Enact the annual and supplemental appropriations of the 
provincial government and appropriate funds for specific 
programs, projects, services and activities of the province, 
or for other purposes not contrary to law, in order to 
promote the general welfare of the province and its 
inhabitants;
(ii) 
Subject to the 
provisions of 
Book II 
of the Local
Government Code of 1991, as amended and applicable laws 
and, upon the majority vote of all the members of the 
sangguniang panlalawigan, enact ordinances levying taxes, 
fees and charges, prescribing the rates, thereof for general 
and specific purposes and granting tax exemptions, 
incentives or reliefs;
(iii) 
Subject to the 
provisions of 
Book II 
of the Local
Government Code of 1991, as amended and applicable laws 
and, upon the majority vote of all the members of the 
sangguniang 
panlalawigan, 
authorize 
the 
provincial 
governor to negotiate and contract loans and other forms 
of indebtedness;
(iv) 
Subject to the 
provisions of 
Book II 
of the 
Local
Government Code of 1991, as amended and applicable laws 
and, upon the majority vote of all the members of the 
sangguniang panlalawigan, enact ordinances authorizing
15


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3
4
5
6
7
8 
9
10
11
12
13
14
15
16
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18
19
20 
21 
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24
25
26
27
28
29
30
1
the floating of bonds or other instruments of indebtedness, 
for the purpose of raising funds to finance development 
projects;
(v) 
Appropriate funds for the construction and maintenance or 
the rental of buildings for the use of the province and, upon 
the majority vote of all the members of the sangguniang 
panlalawigan, authorize the provincial governor to lease to 
private parties such public buildings held in a proprietary 
capacity, subject to existing laws, rules and regulation.
(vi) 
Prescribe reasonable limits and restraints on the use of 
property within the jurisdiction of the province;
(vii) 
Review the comprehensive land use plans and zoning 
ordinances of component cities and municipalities and 
adopt a comprehensive provincial land use plan, subject to 
existing laws; and
(viii) 
Adopt measures to enhance the full implementation of the 
national agrarian reform program in coordination with the 
Department of Agrarian Reform (DAR);
(3) Subject to the provisions of Book II of the Local Government Code of 
1991, as amended, grant franchises, approve the issuance of permits 
or licenses, or enact ordinances levying taxes, fees and charges upon 
such conditions and for such purposes intended to promote the 
general welfare of the inhabitants of the province and, pursuant to 
the legislative authority, shall:
(i) 
Fix and impose reasonable fees and charges for all services 
rendered by the provincial government to private persons 
or entities; and
(ii) 
Regulate and fix the license fees for such activities as 
provided for under the Local Government Code of 1991, as 
amended;
16


1
(4) Approve ordinances which shall ensure the efficient and effective
2
delivery of the basic services and facilities as provided in Section 17
3
of the Local Government Code of 1991, as amended, and in addition
4
to said services and facilities, shall:
5
(i)
Adopt measures and safeguards against pollution and for
6
the preservation of the natural ecosystem in the province.
7
inconsonance 
with 
approved 
standards 
on 
human
8
settlements and environmental sanitation;
9
( ii)
Subject to applicable laws, facilitate or provide for the
10
establishment and maintenance of a waterworks system or
11
district waterworks for supplying water to inhabitants of
12
component cities and municipalities;
13
(iii)
Subject to the availability of funds and to existing laws,
14
rules and regulations, provide for the establishment and
15
operation of vocational and technical schools and similar
16
post-secondary institutions and, with the approval of the
17
DepEd and subject to existing laws on tuition fees, fix
18
reasonable tuition fees and other school charges in
19
educational 
institutions supported 
by the provincial
20
government;
21
(iv)
Establish a scholarship fund for the poor but deserving
22
students in schools located within its jurisdiction or of
23
students residing within the province;
24
(V)
Approve measures and adopt quarantine regulations to
25
prevent the introduction and spread of diseases within its
26
territorial jurisdiction;
27
(V i)
Provide for the care of paupers, the aged, the sick, persons
28
or unsound mind, abandoned minors, abused children.
29
disabled persons, juvenile delinquents], drug dependents.
30
and other needed and disadvantaged persons, particularly
31
children and youth below eighteen (18) years of age;
17


2
3
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5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
1
subject to the availability of funds, establish and support 
the operation centers and facilities for said needy and 
disadvantaged persons; and facilitate the efforts to 
promote the welfare of families below the poverty 
threshold, the disadvantaged and the exploited;
(vii) 
Establish 
and 
provide 
for 
the 
maintenance 
and 
improvement of jails and detention centers, institute a 
sound jail management program and appropriate funds for 
the subsistence of detainees and convicted prisoners in the 
province;
(viii) 
Establish a provincial council whose purpose is the 
promotion of culture and the arts, coordinate with 
government 
agencies 
and 
non-governmental 
organizations and, subject to the availability of funds, 
appropriate funds for the support and development of the 
same; and
(ix) 
Establish a provincial council for the elderly which shall 
formulate policies and adopt measures mutually beneficial 
to the elderly and to the province; subject to the 
availability of funds, 
appropriate funds to support 
programs and projects for the elderly; and provide 
incentives for non-governmental agencies and entities to 
support the programs and projects for the elderly; and 
(5) Exercise such other powers and perform such other duties and 
functions as provided for under the Local Government Code of 1991, 
as amended, and as may be prescribed by law or ordinance.
ARTICLE V
PROCESS OF LEGISLATION
Sec. 14. Internal Rules o f Procedure. -
18


1 
(a) On the first regular session following the election of its members and within
2 
ninety (90) days thereafter, the sangguniang panlalawigan shall adopt or
3 
update its existing rules of procedure.
4 
(b)The rules of procedure shall provide for the following:
5 
(l)T h e  organization of the sanggunian and the election of its officers as well
6 
as the creation of standing committees which shall include, but shall not be
7 
limited to, the committees on appropriations, women and family, human
8 
rights, youth and sports development, environment protection, peace and
9 
order and traffic, and cooperatives; the general jurisdiction of each
10 
committee; and the election of the chairman and members of each
11 
committee;
12 
(2) The order and calendar of business for each session;
13 
(3) The legislative process;
14 
(4) The parliamentary procedures which include the conduct of members during
15 
sessions;
16 
(5) The discipline of members for disorderly behavior and absences without
17 
justifiable cause for four (4) consecutive sessions for which they may be
18 
censured, reprimanded or excluded from the session, suspended for not
19 
more than sixty (60) days, or expelled: Provided, That the penalty of
20 
suspension or expulsion shall require the concurrence of at least two-thirds
21 
(2/3) of all the sanggunian members: Provided, further. That a member
22 
convicted by final judgment to imprisonment of at least one (1) year for any
23 
crime involving moral turpitude shall be automatically expelled from the
24 
sanggunian-, and
25 
(6) Such other rules as the sanggunian may adopt.
26 
Sec. 15. Full Disclosure o f Financial and Business Interests o f Sangguniang
27 
Panlalawigan Members. -
28 
(a) Every sangguniang panlalawigan member shall, upon assumption to office,
29 
make a full disclosure of his or her business and financial interests. He or she
30 
shall also disclose any business financial, professional relationship or any
31 
relation by affinity or consanguinity within the fourth civil degree, which he or
19


1 
she may have with any person, firm or entity affected by any ordinance or
2 
resolution under consideration by the sanggunian of which he or she is a
3 
member, which relationship may result in conflict of interest. Such relationship
4 
shall include:
5 
(1) Ownership of stocks or capital, or investment in the entity or firm to which
6 
the ordinance or resolution may apply; and
7 
(2) Contracts or agreement with any person or entity which the ordinance or
8 
resolution under consideration may affect.
9 
In the absence of a specific constitutional or statutory provisions applicable
10 
to this situation, "conflict of interest" refers in general to one where it may
11 
be reasonably deducted that a member of a sangguniang panlalawigan may
12 
not act in the public interest due to some private, pecuniary or other
13 
personal considerations that may tend to affect his or her judgment to the
14 
prejudice of the service or the public.
15 
(b)The disclosure required under this Act shall be made in writing and submitted
16 
to the secretary of the sanggunian or the secretary of the committee of which
17 
he or she is a member. The disclosure shall, in all cases, form part of the record
18 
of the proceedings and shall be made in the following manner:
19 
(1) Disclosure shall be made before the member participates in the
20 
deliberations on the ordinance or resolution under consideration: Provided,
21 
That if the member did not participate during the deliberations, the
22 
disclosure shall be made before voting on the ordinance or resolution on
23 
second and third readings; and
24 
(2) Disclosure shall be made when a member takes a position or makes a
25 
privilege speech on a matter that may affect the business interest, financial
26 
connection or professional relationship described herein.
27 
Sec. 16. Sessions. -
28 
(a) On the first day of session immediately following the election of its members,
29 
the sangguniang paniaiawigan shall, by resolution, fix the day, time and place
30 
of its regular sessions. The minimum number of regular sessions of the
31 
sangguniang paniaiwigan shall be once a week.
20


1 
(b)When the public interest so demands, special sessions may be called by the
2 
provincial governor or by a majority of the members of the sanggunian.
3 
(c) All sanggunian sessions shall be open to the public unless a closed-door session
4 
is ordered by an affirmative vote of a majority of the members present, there
5 
being a quorum, in the public interest or for reasons of security, decency or
6 
morality. No two (2) sessions, regular or special, may be held in a single day.
7 
(d)In the case of special sessions of the sanggunian, a written notice to the
8 
members shall be served personally at the members' usual place of residence
9 
at least twenty-four (24) hours before the special session is held.
10 
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian
11 
members present, there being a quorum, no other matters may be considered
12 
at a special session except those stated in the notice.
13 
(e) The sanggunian shall keep a journal and a record of its proceedings which may
14 
be published upon resolution of the sangguniang paniaiawigan.
15 
Sec. 17. Quorum. -
16 
(a) A majority of all the members of the sanggunian who have been elected and
17 
qualified shall constitute a quorum to transact official business. Should a
18 
question of quorum be raised during the session, the presiding 
officer shall
19 
immediately proceed to call the roll of the members and thereafter announce
20 
the results.
21 
(b) Where there is no quorum, the presiding officer may declare a recess until
22 
such time a quorum is constituted, or a majority of the members present may
23 
adjourn from day to day and may compel the immediate attendance of any
24 
member absent without justifiable cause by designating a member of the
25 
sanggunian, to be assisted by a member or members of the police force
26 
assigned in the territorial jurisdiction of the province, to arrest the absent
27 
member and present him or her at the session,
28 
(c) If there is still no quorum despite the enforcement of the immediately preceding
29 
subsection, no business shall be transacted. The presiding officer, upon proper
30 
motion duly approved by the members present, shall then declare the session
31 
adjourned for lack of quorum.
21


1 
Sec. 18. Approval o f Ordinances. -
2 
(a) Every ordinance enacted by the sangguniang panlalawigan shall be presented
3 
to the provincial governor. If the provincial governor approves the same, he
4 
or she shall affix his or her signature on each and every page thereof;
5 
otherwise, he or she shall veto it and return the same with his or her objections
6 
to the sangguniang, which may proceed to reconsider the same. 
The
7 
sanggunian may override the veto of the provincial governor by two-thirds (2/3)
8 
vote of all its members, thereby making the ordinance or resolution effective
9 
for all legal intents and purposes.
10 
(b) The veto shall be communicated by the provincial governor to the sangguniang
11 
panlalawigan within fifteen (15) days; otherwise, the ordinance shall be
12 
deemed approved as if he or she had signed it.
13
14 
Sec. 19. Veto Power o f the Provincial Governor. -
15 
(a) The provincial governor may veto any ordinance of the sangguniang
16 
panlalawigan on the ground that it is prejudicial to the public welfare, stating
17 
his or her reasons thereof in writing.
18 
(b)The provincial governor shall have the power to veto any particular item or
19 
items of an appropriation ordinance, an ordinance or resolution adopting a local
20 
development plan and public investment program or an ordinance directing the
21 
payment of money or creating liability. In such case, the veto shall not affect
22 
the item or items which are not objected to. The vetoed item or items shall
23 
not take effect unless the sangguniang panlalawigan overrides the veto in the
24 
manner herein provided; otherwise, the item or items in the appropriation
25 
ordinance of the previous year corresponding to those vetoed, if any, shall be
26 
deemed reenacted.
27 
(c) The provincial governor may veto an ordinance or resolution only once. The
28 
sanggunian 
override the veto of the provincial governor by two-thirds (2/3)
29 
vote of all its members, thereby making the ordinance effective even without
30 
the approval of the provincial governor.
31
22


1 
ARTICLE VI
2 
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS
3 
Sec. 20. Permanent Vacancy in the Office o f the Provincial Governor. -  If a
4 
permanent vacancy occurs in the office of the provincial governor, the provincial vice
5 
governor shall become the provincial governor. If a permanent vacancy occurs in the
6 
office of the provincial vice governor, the highest ranking sangguniang paniaiawigan
I  
member shall become the provincial vice governor. Subsequent vacancies shall be
8 
filed automatically by other sanggunian members according to their ranking as defined
9 
herein:
10 
(1)A tie between or among the highest ranking sangguniang paniaiawigan
II 
members shall be resolved by drawing of lots;
12 
(2 )The successors as defined herein shall serve only the unexpired terms of
13 
the predecessors;
14 
(3) For purposes of this Act, a permanent vacancy arises when an elective
15 
official fills a higher vacant office, refuses to assume office, fails to qualify,
16 
dies is removed from office, voluntarily resigns or is otherwise permanently
17 
incapacitated to discharge the functions of his or her office; and
18 
(4) For purposes of succession as provided for in this Act, ranking in the
19 
sangguniang paniaiawigan shall be determined on the basis of the
20 
proportion of votes obtained by each winning candidate to the total number
21 
of registered voters in the province in the immediately preceding local
22 
elections.
23 
Sec. 21. Permanent Vacancies in the Sangguniang Paniaiawigan. -
24 
(a) Permanent vacancies in the sangguniang paniaiawigan where automatic
25 
succession as provided does not apply shall be filled by appointment by the
26 
President through the Executive Secretary.
27 
(b)Only the nominee of the political party under which the sanggunian member
28 
concerned had been elected and whose elevation to the position next higher in
29 
rank created the last vacancy in the sanggunian shall be appointed in the
30 
manner herein provided. The appointee shall come from the same political
23


1 
party as that of the sanggunian member who caused the vacancy and shall
2 
serve the unexpired term of the vacant office.
3 
In the appointment herein mentioned, a nomination and a certificate of
4 
membership of the appointee from the highest official of the political party
5 
concerned are conditions sine qua non, and any appointment without such
6 
nomination and certification shall be null and void ab initio 
shall be ground
7 
for administrative action against the official responsible therefor.
8 
(c) In case the permanent vacancy is caused by a sanggunian member who does
9 
not belong to any political party, the provincial governor shall, upon
10 
recommendation of the sangguniang panlalawigan, appoint a qualified person
11 
to fill in the vacancy.
12 
(d)In case of vacancy in the representation of the sangguniang kabataan, the
13 
sangguniang barangay and the provincial league of councilors in the
14 
sangguniang paniaiawigan, said vacancy shall be filled in automatically by the
15 
official next-in-rank of the organization concerned.
16 
Sec. 22. Temporary Vacancy in the Office o f the Provincial Governor. -
17 
(a) When the provincial governor is temporarily incapacitated to perform his or her
18 
duties for physical or legal reasons such as, but not limited to, leave of absence,
19 
travel abroad and suspension from office, the provincial vice governor shall
20 
automatically exercise the powers and perform the duties and functions of the
21 
provincial governor, except the power to appoint, suspend or dismiss
22 
employees which can only be exercised if the period of temporary incapacity
23 
exceeds thirty (30) working days.
24 
(b) Said temporary incapacity shall terminate upon submission to the sangguniang
25 
panlalawigan of a written declaration by the provincial governor that he or she
26 
has reported back to office. In case where the temporary incapacity is due to
27 
legal cause, the provincial governor shall also submit necessary documents
28 
showing that the said legal cause no longer exists.
29 
(c) When the provincial governor is travelling within the country but outside his or
30 
her territorial jurisdiction for a period not exceeding three (3) consecutive days,
31 
he or she may designate in writing the officer-in-charge of his or her office.
24


1 
Such authorization shall specify the powers and functions that the local official
2 
concerned shall exercise in the absence of the provincial governor, except the
3 
power to appoint, suspend or dismiss employees.
4 
(d) In the event, however, that the provincial governor fails or refuses to issue
5 
such authorization, the provincial vice governor shall have the right to assume
6 
the powers, duties and functions of the said office on the fourth (4th) day of
7 
absence of the provincial governor, subject to the limitations provided for in
8 
subsection (c) hereof.
9 
(e) Except as provided above, the provincial governor shall, in no case, authorize
10 
any local official to assume the powers, duties and functions of the office other
11 
than the provincial vice governor.
12
13 
ARTICLE V II
14 
APPOINTIVE PROVINCIAL OFFICIALS:
15 
THEIR QUALIFICATIONS, POWERS, AND DUTIES
16
17 
Sec. 23. The Secretary to the Sangguniang Panlalawigan. -
18 
(a) There shall be a secretary to the sangguniang panlalawigan who shall be a
19 
career official with the rank and salary equal to a head of a department or
20 
office.
21 
(b) No person shall be appointed secretary to the sanggunian unless he or she is a
22 
citizen of the Philippines, a resident of the province, of good moral character,
23 
a holder of a college degree preferably in law, commerce or public
24 
administration from a recognized college or university, and a first grade civil
25 
service eligible or its equivalent.
26 
(c)The secretary to the sanggunian shall take charge of the office of the
27 
sangguniang panlalawigan, and shall:
28 
(1) Attend meetings of the sanggunian and keep a journal or its proceedings;
29 
(2) Keep the seal of the LGU and affix the same with his or her signature to all
30 
ordinances, resolutions and other official acts of the sanggunian 
present
31 
the same to the presiding officer for his or her signature;
25


1 
(3) Forward to the provincial governor, for approval, copies of ordinances
2 
enacted by the sanggunian and duly certified by the presiding officer, in the
3 
manner provided for in Section 54 of the Local Government Code of 1991,
4 
as amended;
5 
(4) Forward to the sangguniang bayan or sangguniang panlungsod, as the case
6 
may be, copies of duly approved ordinances in the manner provided for in
7 
Sections 56 and 57 of the Local Government Code of 1991, as amended;
8 
(5) Furnish, upon the request of any interested party, certified copies of records
9 
of public character in his or her custody, upon payment to the treasurer of
10 
such fees as may be prescribed by ordinance;
11 
(6) Record in a book kept for the purpose, all ordinances and resolutions
12 
enacted or adopted by the sanggunian, with the dates of passage and
13 
publication thereof;
14 
(7) Keep his or her office and all non-confidential records therein open to the
15 
public during usual business hours;
16 
(8 )Translate into the dialect used by the majority of the inhabitants, all
17 
ordinances and resolutions immediately after their approval, and cause the
18 
publication of the same together with the original version in the manner
19 
provided for under the Local Government Code of 1991, as amended; and
20 
(9) Take custody of the local archives and, where applicable, the local library
21 
and annually account for the same.
22 
(d) Exercise such powers and perform such other duties and functions as may be
23 
prescribed by law or ordinance relative to his or her position.
24 
Sec. 24. The Provincial Treasurer. -
25 
(a) The provincial treasurer shall be appointed by the Secretary of Finance from a
26 
list of at least three (3) ranking eligible recommendees of the provincial
27 
governor, subject to civil sen/ice law, rules and regulations.
28 
(b)The provincial treasurer shall be under the administrative supervision of the
29 
provincial governor, to whom he or she shall report regularly on the tax
30 
collection efforts in the LGU.
26


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
(c) No person shall be appointed provincial treasurer unless he or she is a citizen 
of the Philippines, a resident of the province of good moral character, a holder 
of a college degree preferably in commerce, public administration or law from 
a recognized college or university, and a first grade civil service eligible or its 
equivalent. He or she must have acquired experience in treasury or accounting 
service for at least five (5) years.
The appointment of the provincial treasurer shall be mandatory.
(d) He or she shall take charge of the treasury office, and perform the duties as 
provided for under Book II of the Local Government Code of 1991, as amended, 
and shall:
(1) Advise the provincial governor or the sanggunian, as the case may be, and 
other local government and national officials concerned 
regarding 
disposition of local government funds and on such other matters relative to 
public finance;
(2) Take custody of and exercise proper management of the funds of the LGU 
concerned;
(3 ) Take charge of the disbursement of all local government funds and such 
other funds, the custody of which may be entrusted to him or her by law or 
other competent authority;
(4) Inspect private commercial and industrial establishments within the 
jurisdiction of the province in relation to the implementation of tax 
ordinances, pursuant to the provisions under Book II of the Local 
Government Code of 1991, as amended;
(5) Maintain and update the tax information system of the LGU; and
(6) Exercise technical supervision over ail treasury offices of component cities 
and municipalities.
(e) Exercise such other powers and perform such other duties and functions as 
may be prescribed by law or ordinances.
Sec. 25. The Provincial Assessor. -
(a) The provincial assessor shall be appointed provincial assessor unless he or she 
is a citizen of the Philippines, a resident of the province, of good moral
27


1 
character, a holder of a college degree preferably in civil or mechanical
2 
engineering, commerce or any other related course from a recognized college
3 
or university, and a first grade civil service eligible or its equivalent. He or she
4 
must have acquired experience in real property assessment work or in any
5 
related field for at least five (5) years.
6 
The appointment of the provincial assessor shall be mandatory,
7 
(b)The provincial assessor shall take charge of the assessor's office and perform
8 
the duties as provided for under Book II of the Local Government Code of 1991,
9 
as amended, and shall:
10 
(1) Ensure that all laws and policies governing the appraisal and assessment of
11 
real properties for taxation purposes are properly executed;
12 
(2) Initiate, review and recommend changes in policies and objectives, plans
13 
and programs, techniques, procedures and practices in the valuation and
14 
assessment of real properties for taxation purposes;
15 
(3) Establish a systematic method of real property assessment;
16 
(4) Install and maintain a real property identification and accounting system;
17 
(5) Prepare, install and maintain a system of tax mapping, showing graphically
18 
all property subject to assessment and gather all data concerning the same;
19 
(6) Conduct frequent physical surveys to verify and determine whether all real
20 
properties within the province are properly listed in the assessment rolls;
21 
(7) Exercise the functions of appraisal and assessment primarily for taxation
22 
purposes of all real properties in the province;
23 
(8) Prepare a schedule of the fair market value for the different classes of real
24 
properties in accordance with Title 2, Book II of the Local Government Code
25 
of 1991, as amended;
26 
(9) Issue, upon request of any interested party, certified copies of assessment
27 
records of real properties and all other records relative to its assessment,
28 
upon payment of a service charge or fee to the provincial treasurer;
29 
(10) 
Submit every semester a report of all assessments, as well as
30 
cancellations and modifications of assessments to the provincial governor
31 
and the sangguniang panlalawigan; and
28


1 
(11) 
Exercise technical supervision and visitorial functions over all component
2 
city and municipal assessors, coordinate with component city or municipal
3 
assessors in the conduct of tax mapping operations and all other
4 
assessment activities, and provide all forms of assistance therefor; Provided,
5 
however; That, upon full provision by the component city or municipality
6 
concerned to its assessor's office of the minimum personnel, equipment and
7 
funding requirements as may be prescribed by the Secretary of Finance,
8 
such functions shall be delegated to the said municipal assessor.
9 
(c) Exercise shall other powers and perform such other duties and functions as
10 
may be prescribed by law or ordinance.
11 
Sec. 26. The Provincial Accountant. -
12 
(a) No person shall be appointed provincial accountant unless he or she is a citizen
13 
of the Philippines, a resident of the province, of good moral character and a
14 
certified public accountant. He or she must have acquired experience in the
15 
treasury or accounting service for at least five (5) years.
16 
The appointment of a provincial accountant is mandatory.
17 
(b)The provincial accountant shall take charge of both the accounting and internal
18 
audit services of the province, and shall:
19 
(1) Install and maintain an internal audit system in the province;
20 
(2) Prepare and submit financial statements to the provincial governor and to
21 
the sangguniang paniaiawigan;
22 
(3) Apprise the sanggunian and other local government officials on the financial
23 
condition and operations of the provincial government;
24 
(4) Certify to the availability of budgetary allotment from which expenditures
25 
and obligations may be properly charged;
26 
(5) Review supporting documents before the preparation of vouchers to
27 
determine completeness of requirements;
28 
(6) Prepare statements of cash advances, liquidations, salaries, allowances,
29 
reimbursements and remittances pertaining to the provincial government;
30 
(7) Prepare statements of journal vouchers and liquidations of the same and
31 
other adjustments related thereto;
29


1 
(8) Post individual disbursements to subsidiary ledgers and index cards;
2 
(9) Maintain individual ledgers for officials and employees of the provincial
3 
government pertaining to payrolls and deductions;
4 
(10) 
Record and post in index cards details of purchased furniture, fixtures
5 
and equipment, including disposal thereof, if any;
6 
(11) 
Account for all issued requests for obligations and maintain and keep all
7 
records and reports related thereto;
8 
(12) 
Prepare journals and the analysis of obligations and maintain and keep
9 
all records and reports related thereto; and
10 
(13) 
Exercise such other powers and perform such other duties and functions
11 
as may be provided by law or ordinance.
12 
Sec. 27. The Provincial Budget Officer.-
13 
(a) No person shall be appointed provincial budget officer unless he or she is a
14 
citizen of the Philippines, a resident of the province, of good moral character,
15 
a holder of a college degree preferably in accounting, economics, public
16 
administration or any related course from a recognized college or university,
17 
and a first grade civil service eligible or its equivalent. He or she must have
18 
acquired experience in government budgeting or in any related field for at least
19 
five (5) years.
20 
The appointment of the provincial budget officer shall be mandatory.
21 
(b)The provincial budget officer shall take charge of the budget office, and shall:
22 
(1) Prepare forms, orders and circulars embodying instructions on budgetary
23 
and appropriation matters for the signature of the provincial governor;
24 
(2) Review and consolidate the budget proposals of different departments and
25 
officials of the province;
26 
(3) Assist the provincial governor in the preparation of the budget and during
27 
the budget hearings;
28 
(4) Study and evaluate budgetary implications of proposed legislation and
29 
submit comments and recommendations thereon;
30 
(5) Submit periodic budgetary reports to the Department of Budget and
31 
Management (DBM);
30


1 
(6) Coordinate with the provincial treasurer, the provincial accountant and the
2 
provincial planning and development 
coordinator for the purpose of
3 
budgeting;
4 
(7) Assist the sangguniang panlalawigan in reviewing the approved budgets of
5 
the component cities and municipalities; and
6 
(8) Coordinate with the provincial planning and development coordinator in the
7 
formulation of the provincial development plan.
8 
(c) Exercise such other powers and perform such other duties and functions as
9 
may be prescribed by law or ordinance.
10 
(d)The appropriations for personal services of the budget officer shall be provided
11 
for in full in the annual budget of the provincial government.
12
13 
Sec. 28. The Provincial Planning and Development Coordinator. -
14 
(a) No person shall be appointed provincial planning and development coordinator
15 
unless he or she is a citizen of the Philippines; a resident of the province; of
16 
good moral character; a holder of a college degree preferably in urban
17 
planning, development studies, economics, public administration or in any
18 
related course from a recognized college or university, and a first grade civil
19 
service eligible or its equivalent. He or she must have acquired experience in
20 
development planning or in any related field for at least five (5) years.
21 
The appointment of a provincial planning and development coordinator shall be
22 
mandatory to the provincial government.
23 
(b)The provincial planning and development coordinator shall take charge of the
24 
planning and development office, and shall:
25 
(1) Formulate integrated economic, social, physical and other development
26 
plans and policies for consideration of the local government development
27 
council;
28 
(2) Conduct continuing studies, researches and training programs necessary to
29 
evolve plans and programs for implementation;
30 
(3) Integrate and coordinate all sectoral plans and studies undertaken by the
31 
different functional groups and agencies;
31


1 
(4) Monitor and evaluate the implementation of the different development
2 
programs, projects and activities in the province in accordance with the
3 
approved development plan;
4 
(5) Prepare comprehensive plans and other development planning documents
5 
for the consideration of the provincial development councils;
6 
(6) Analyze the income and expenditure patterns, and formulate and
7 
recommend fiscal plans and policies for the consideration of the finance
8 
committee of the province as provided under Title V, Book II of the Local
9 
Government Code of 1991, as amended;
10 
(7) Promote people's participation in development planning within the province;
11 
and
12 
(8) Exercise supervision and control over the secretariat of the provincial
13 
development council.
14 
(c) Exercise such other powers and perform such other functions and duties as
15 
may be prescribed by law or ordinance.
16 
Sec. 29. The Provincial Engineer. -
17 
(a) No person shall be appointed provincial engineer unless he or she is a citizen
18 
of the Philippines, a resident of the province, of good moral character and a
19 
licensed civil engineer. He or she must have acquired experience in the practice
20 
of his or her profession for at least five (5) years.
21 
The appointment of the provincial engineer shall be mandatory.
22 
(b)The provincial engineer shall take charge of the engineering office, and shall:
23 
(1) Initiate, review and recommend changes in policies and objectives, plans
24 
and programs, techniques, procedures and practices in infrastructure
25 
development and public works in general of the province;
26 
(2) Advise the provincial governor on infrastructure, public works and other
27 
engineering matters;
28 
(3) Administer, 
coordinate, 
supervise 
and 
control 
the 
constructions,
29 
maintenance, improvement and repair of roads, bridges and other
30 
engineering and public works projects of the province;
32


1 
(4) Provide engineering services to the province, including investigations and
2 
surveys, engineering designs, feasibility studies and project management;
3 
and
4 
(5) Exercise technical supervision over all engineering offices of the component
5 
cities and municipalities.
6 
(c) Exercise such other powers and perform such other duties and functions as
7 
may be prescribed by law or ordinance.
8 
Sec. 30. The Provincial Health Officer. -
9 
(a) No person shall be appointed provincial health officer unless he or she is a
10 
citizen of the Philippines, a resident of the province, of good moral character
11 
and a licensed medical practitioner. He or she must have acquired experience
12 
in the practice of his or her profession for at least five (5) years.
13 
The appointment of a provincial health officer shall be mandatory.
14 
(b)The provincial health officer shall take charge of the office on health services,
15 
and shall:
16 
(1) Supervise the personnel and staff of the said office, formulate program
17 
implementation guidelines and rules and regulations for the operation of the
18 
said office for the approval of the provincial governor in order to assist him
19 
or her in the efficient, effective and economical implementation of health
20 
services program geared to the implementation of health-related projects
21 
and activities;
22 
(2) Formulate measures for the consideration of the sangguniangpanlaiawigan
23 
and provide technical assistance and support to the provincial governor in
24 
carrying out activities to ensure the delivery of basic services and the
25 
provision of adequate facilities relative to health services provided for under
26 
Section 17 of the Local Government Code of 1991, as amended;
27 
(3) Develop plans and strategies and, upon approval thereof by the provincial
28 
governor, implement the same, particularly those which have to do with
29 
health programs and projects which the provincial governor is empowered
30 
to implement and which the sanggunian is empowered to provide for under
31 
the Local Government Code of 1991, as amended;
33


1 
(4) In additional to the foregoing duties and functions, the provincial health
2 
officer shall:
3 
(i) 
Formulate and implement policies, plans, programs and projects to
4 
promote the health of the people of the province;
5 
(ii) 
Advise the provincial governor and the sanggunian on matters
6 
pertaining to health;
7 
(iii) 
Execute and enforce all laws, ordinances and regulations relating to
8 
public health;
9 
(iv) 
Recommend to the sanggunian, through the provincial health board,
10 
the passage of such ordinances as he or she may deem necessary
11 
for the preservation of public health;
12 
(v) 
Recommend the prosecution of any violation of sanitary laws,
13 
ordinances and regulations;
14 
(vi) 
Direct the sanitary inspection of all business establishments selling
15 
food items or providing accommodations, such as hotels, motels,
16 
lodging houses, pension houses and the like, in accordance with the
17 
Sanitation Code of the Philippines;
18 
(vii) Conduct health information campaigns and render health intelligence
19 
services;
20 
(viii) Coordinate with other government agencies and non-governmental
21 
organizations involved in the promotion and delivery of health
22 
services;
23 
(ix) 
Exercise general supervision over health offices of component cities
24 
and municipalities; and
25 
(5) Be in the frontline of the delivery of health services, particularly during and
26 
in the aftermath of man-made and natural disasters or calamities.
27 
(c) Exercise such other powers and perform such other duties and functions as
28 
may be prescribed by law or ordinance.
29 
Sec. 31. The Provincial Administrator. -
30 
(a) No person shall be appointed provincial administrator unless he or she is a
31 
citizen of the Philippines; a resident of the province; of good moral character;
34


1 
a holder of a college degree preferably in public administration, law or any
2 
related course from a recognized college or university; and a first grade civil
3 
service eligible or its equivalent. He or she must have acquired experience in
4 
management and administration work for at least five (5) years.
5 
The term of the provincial administrator is co-terminus with that of his or her
6 
appointing authority.
7 
The appointment of the provincial administrator shall be mandatory.
8 
(b) The provincial administrator shall take charge of the office of the administrator;
9 
and shall:
10 
(1) Develop plans and strategies and, upon approval thereof by the provincial
11 
governor, implement the same, particularly those which have to do with the
12 
management and administration-related programs and projects which the
13 
provincial governor is empowered to implement and which the sanggunian
14 
is empowered to provide for under the Local Government Code of 1991, as
15 
amended;
16 
(2) In addition to the foregoing duties and functions, the provincial
17 
administrator shall:
18 
(i) 
Assist in the coordination of the work of all the officials of the
19 
province under the supervision, direction and control of the provincial
20 
governor and, for this purpose, he or she may convene the chiefs of
21 
offices and other officials of the province;
22 
(ii) 
Establish and maintain a sound personnel program for the province
23 
designed to promote career development and uphold the merit
24 
principle in the province; and
25 
(iii) 
Conduct a continuing organizational development of the province
26 
with the end in view of instituting effective administrative reforms;
27 
(3) Be in the frontline of the delivery of administrative support services,
28 
particularly those related to the situations during and in the aftermath of
29 
man-made and natural disasters and calamities;
35


1 
(4) Recommend to the sanggunian and advise the provincial governor on all
2 
other matters relative to the management and administration of the
3 
province; and
4 
(5) Exercise such other powers and perform such other duties and functions as
5 
may be prescribed by law or ordinance.
6 
Sec. 32. The Provincial Legal Officer. -
7 
(a) No person shall be appointed provincial legal officer unless he or she is a citizen
8 
of the Philippines, a resident of the province, of good moral character and a
9 
member of the Philippine Bar. 
He or she must have practiced his or her
10 
profession for at least five (5) years.
11 
The term of the provincial legal officer shall be co-terminous with that of his or
12 
her appointing authority.
13 
The appointment of the provincial legal officer shall be mandatory.
14 
(b)The provincial legal officer, the chief legal counsel of the province, shall take
15 
charge of the office for legal services, and shall:
16 
(1) Formulate measures for the consideration of the sanggunian and provide
17 
legal assistance and support to the provincial governor in carrying out the
18 
delivery of basic services and the provisions of adequate facilities as
19 
provided for under Section 17 of the Local Government Coe of 1991, as
20 
amended;
21 
(2) Develop plans and strategies and, upon approval thereof by the provincial
22 
governor, implement the same, particularly those which have to do with the
23 
programs and projects related to legal services which the provincial
24 
governor is empowered to implement and which the sanggunian is
25 
empowered to provide for under the Local Government Code of 1991, as
26 
amended;
27 
(3) In addition to the foregoing duties and functions, the provincial legal officer
28 
shall:
29 
(i) 
Represent the province in all civil actions and special proceedings
30 
wherein the province or any official thereof, in his or her official
31 
capacity, is a party: Provided, That actions or proceedings where a
36


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
1
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;
(ii) 
When required by the provincial governor or the sanggunian, draft 
ordinances, contracts, bonds, leases and other instruments, involving 
any 
interest 
of the 
province 
and 
provide 
comments 
and 
recommendations on any instrument already drawn;
(iii) 
Render his or her opinion in writing or any question of law when 
requested to do so by the provincial governor or the sanggunian;
(iv) 
Investigate or cause to be investigated any provincial official or 
employee for administrative neglect or misconduct in office and 
recommend appropriate action to the provincial governor, or the 
sangguniang panlalawigan;
(v) 
Investigate or cause to be investigated any person, firm or 
corporation holding any franchise or exercising any public privilege 
for failure to comply with any term or condition in the grant of such 
franchise or privilege, and recommend appropriate action to the 
provincial governor or the sanggunian;
(vi) 
When directed by the provincial governor or the sanggunian, initiate 
and prosecute, in the interest of the province, any civil action on any 
bond, lease or other contract upon any breach or violation thereof; 
and
(vii) 
Review and submit recommendations on ordinances approved and 
executive orders issued by the component cities and municipalities;
(4) Recommend measures to the sangguniang paniaiawigan and advise the 
provincial governor on all other matters related to the upholding of the rule 
of law; and
(5) Be in the frontline of protecting human rights and prosecuting any violation 
thereof, particularly those which occur during and in the aftermath of man­
made or natural disasters and calamities.
37


1 
(c) Exercise such other powers and perform such other duties and functions as
2 
may be prescribed by law or ordinance.
3 
Sec. 33. The Provincial Agriculturist.-
4 
(a) No person shall be appointed provincial agriculturist unless he or she is a citizen
5 
of the Philippines, a resident of the province, of good moral character, a holder
6 
of a college degree in agriculture or in any related course from a recognized
7 
college or university, and a first grade civil service eligible or its equivalent. He
8 
or she must have practiced his or her profession in agriculture or acquired
9 
experience in a related field for at least five (5) years.
10 
The appointment of the provincial agriculturist shall be mandatory.
11 
(b)The provincial agriculturist shall take charge of the office for agricultural
12 
services, and shall:
13 
(1) Formulate measures for the approval of the sanggunian and provide
14 
technical assistance and support to the provincial governor in carrying out
15 
said measures to ensure the delivery of basic services and the provision of
16 
adequate facilities relative to agricultural services as provided for under
17 
Section 17 of the Local Government Code of 1991, as amended;
18 
(2) Develop plans and strategies and, upon approval thereof by the provincial
19 
governor, implement the same, particularly those which have to do with the
20 
agricultural programs and projects which the provincial governor is
21 
empowered to implement and which the sanggunian is empowered to
22 
provide for under the Local Government Code of 1991, as amended;
23 
(3) In addition to the foregoing duties and functions, the provincial agriculturist
24 
shall:
25 
(i) 
Ensure that maximum assistance and access to resources in the
26 
production, 
processing 
and 
marketing 
of 
agricultural 
and
27 
aquacultural and marine products are extended to farmers,
28 
fishermen and local entrepreneurs;
29 
(ii) 
Conduct or cause to be conducted location-specific agricultural
30 
researches and assist in making available the appropriate technology
31 
arising out of and disseminating information on basic research on
38


1 
crops, preventive control of plant diseases and pests, and other
2 
agricultural matters which will maximize productivity;
3 
(iii) 
Assist the provincial governor in the establishment and extension
4 
services of demonstration farms on aquaculture and 
marine
5 
products;
6 
(iv) 
Enforce rules and regulations relating to agriculture and aquaculture;
7 
and
8 
(v) 
Coordinate with 
government agencies and 
non-governmental
9 
organizations which 
promote agricultural productivity through
10 
appropriate technology compatible with environmental integrity;
11 
(4) Be in the frontline of delivery of basic agricultural services, particularly those
12 
needed for the survival of the inhabitants during and in the aftermath of
13 
man-made and natural disasters or calamities; and
14 
(5) Recommend to the sanggunian and advise the provincial governor on all
15 
matters related to agriculture and aquaculture which will improve the
16 
livelihood and living conditions of the inhabitants.
17 
(c) Exercise such other powers and perform such other duties and functions as
18 
may be prescribed by law or ordinance.
19 
Sec. 34. The Provincial Social Welfare and Development Officer. -
20 
(a) No person shall be appointed provincial social welfare and development officer
21 
unless he or she is a citizen of the Philippines, a resident of the province, of
22 
good moral character, a duly licensed social worker; or a holder of a college
23 
degree preferably in sociology or in any related course from a recognized
24 
college or university, and a first grade civil service eligible or its equivalent. He
25 
or she must have acquired experience in the practice of social work for at least
26 
five (5) years.
27 
The appointment of a provincial social welfare and development officer shall be
28 
mandatory.
29 
(b)The provincial social welfare and development officer shall take charge of the
30 
office on social welfare and development services, and shall:
39


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
1
(1) Formulate measures for the approval of the approval of the sanggunian and 
provide technical assistance and support to the provincial governor in 
carrying out measures to ensure the delivery of basic services and the 
provision of adequate facilities relative to social welfare and development 
services as provided for under Section 17 of the Local Government Code of 
1991, as amended;
(2) Develop plans and strategies and, upon approval thereof bye the provincial 
governor, implement the same, particularly those which have to do with the 
social welfare programs and projects which the provincial governor is 
empowered to implement and which the sanggunian is empowered to 
provide for under the Local Government Code of 1991, as amended;
(3) In addition to the foregoing duties, the provincial social welfare and 
development officer shall;
(i) 
Identify the basic needs of the needy, the disadvantaged and the 
impoverished and develop and implement appropriate measures to 
alleviate their problems and improve their living conditions;
(ii) 
Provide relief and appropriate crisis intervention for victims of abuse 
and exploitation and recommend appropriate measures to deter 
further abuse and exploitation;
(iii) 
Assist the provincial governor in implementing the barangay level 
program for the total development and protection of children up to 
six (6) years of age;
(iv) 
Facilitate the implementation of welfare programs for the disabled, 
the elderly and victims of drug addiction, the rehabilitation of 
prisoners and parolees, the prevention of juvenile delinquency and 
such other activities which would eliminate or minimize the ill-effects 
of poverty;
(v) 
Initiate and support welfare programs that will enhance the role of 
the youth in nation-building; and
(vi) 
Coordinate with 
government agencies and 
non-governmental 
organizations which have for their purpose the promotion and the
40


1 
protection of all the needy, disadvantaged, underprivileged or
2 
impoverished groups or individuals, particularly those identified to be
3 
vulnerable and high risk to exploitation, abuse and neglect;
4 
(4) Be in the frontline of service delivery, particularly those which have to do
5 
with the immediate relief and assistance during and in the aftermath of
6 
man-made and natural disasters or calamities; and
7 
(5) Recommend to the sanggunian and advise the provincial governor on all
8 
other matters related to social welfare and development service which will
9 
improve the livelihood and living conditions of the inhabitants.
10 
(c) Exercise such other powers and perform such other duties and functions as
11 
may be prescribed by law or ordinance.
12 
Sec. 35. The Provincial Environment and Natural Resources Officer.-
13 
(a) No person shall be appointed provincial environment and natural resources
14 
officer unless he or she is a citizen of the Philippines, a resident of the province,
15 
of good moral character, a holder of a college degree preferably in
16 
environment, forestry, agriculture or any related course from a recognized
17 
college or university, and a first grade civil service eligible or its equivalent. He
18 
or she must have acquired experience in environmental and natural resources
19 
management, conservation and utilization for at least five (5) years.
20 
The appointment of a provincial environment and natural resources officer shall
21 
be mandatory.
22 
(b)The provincial environment and natural resources officer shall take charge of
23 
the office on environment and natural resources, and shall:
24 
(1) Formulate measures for the consideration of the sanggunian and provide
25 
technical assistance and support to the provincial governor in carrying out
26 
measures to ensure the delivery of basic services and the provision of
27 
adequate facilities relative to environment and natural resources sen/ices as
28 
provided for under Section 17 of the Local Government Code of 1991, as
29 
amended;
30 
(2) Develop plans and strategies and, upon approval thereof by the provincial
31 
governor, implement the same, particularly those which have to do with the
41


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
1
environment and natural resources programs and projects which the 
provincial governor is empowered to implement and which the sanggunian 
is empowered to provide for under the Local Government Code of 1991, as 
amended;
(3) In addition to the foregoing duties and functions, the environment and 
natural resources officer shall:
(i) 
Establish, 
maintain, 
protect and 
preserve communal forests, 
watersheds, tree parks, mangroves, greenbelts, commercial forests 
and similar forest projects like industrial tree farms and agri-forestry 
projects;
(ii) 
Provide extension services to beneficiaries of forest development 
projects and technical, financial and infrastructure assistance;
(iii) 
Manage and maintain seed banks and produce seedlings for forests 
and tree parks;
(iv) 
Provide extension services to beneficiaries of forest development 
projects and 
render assistance for natural 
resources-related 
conservation and utilization activities consistent with ecological 
balance;
(v) 
Promote small-scale mining and utilization of mineral resources, 
particularly the mining of gold; and
(vi) 
Coordinate with government agencies and 
non-governmental 
organizations in the implementation of measures to prevent and 
control land, air and water pollution with the assistance of the 
Department of Environment and Natural Resources (DENR);
(4) Be in the frontline of the delivery of services concerning the environment 
and natural resources, particularly in the renewal and rehabilitation of the 
environment during and in the aftermath of man-made and natural disasters 
or calamities; and
(5) Recommend to the sanggunian and advise the provincial governor on all 
matters relative to the protection, conservation, maximum utilization.
42


1 
application of appropriate technology and other matters related to the
2 
environment and natural resources.
3 
(c) Exercise such other powers and perform such other duties and functions as
4 
may be prescribed by law or ordinance.
5 
Sec. 36. The Provincial Veterinarian. -
6 
(a) No person shall be appointed provincial veterinarian unless he or she is a citizen
7 
of the Philippines, a resident of the province, of good moral character and a
8 
licensed doctor of veterinary medicine. He or she must have practiced his or
9 
her profession for at least three (3) years.
10 
The appointment of a provincial veterinarian shall be mandatory.
11 
(b)The provincial veterinarian shall take charge of the office for veterinary
12 
services, and shall:
13 
(1) Formulate measures for the consideration of the sanggunian and provide
14 
technical assistance and support to the provincial governor in carrying out
15 
measures to ensure the delivery of basic services and the provision of
16 
adequate facilities pursuant to Section 17 of the Local Government Code of
17 
1991, as amended;
18 
(2) Develop plans and strategies and, upon approval thereof by the provincial
19 
governor, implement the same, particularly those which have to do with the
20 
veterinary-related activities which the provincial governor is empowered to
21 
implement and which the sanggunian is empowered to provide for under
22 
the Local Government Code of 1991, as amended;
23 
(3) In addition to the foregoing duties and functions, the provincial veterinarian
24 
shall:
25 
(i) 
Advise the provincial governor on all matters pertaining 
to the
26 
slaughter of animals for human consumption and the regulation of
27 
slaughterhouses;
28 
(ii) 
Regulate the keeping of domestic animals;
29 
(iii) 
Regulate and inspect poultry, milk and dairy products for public
30 
consumption;
43


1 
(iv) 
Enforce all laws and regulations for the prevention of cruelty to
2 
animals; and
3 
(v) 
Take the necessary measures to eradicate, prevent or cure all forms
4 
of animal diseases;
5 
(4) Be in the frontline of veterinary-related activities, such as in the outbreak of
6 
highly contagious and deadly diseases and in situations resulting in the
7 
depletion of animals for work and for human consumption, particularly those
8 
arising from and in the aftermath of man-made and natural disasters or
9 
calamities; and
10 
(5) Recommend to the sanggunian and advise the provincial governor on all
11 
other matters relative to veterinary services which will increase the number
12 
and improve the quality of livestock, poultry and other domestic animals
13 
used for work or for human consumption.
14 
(c) Exercise such other powers and perform such other duties and functions as
15 
may be prescribed by law or ordinance.
16 
Sec. 37. The Provincial General Services Officer. -
17 
(a) No person shall be appointed provincial general services officer unless he or
18 
she is a citizen of the Philippines, a resident of the province, of good moral
19 
character, a holder of a college degree in public administration, business
20 
administration and management from a recognized college or university, and a
21 
first grade civil service eligible or its equivalent. He or she must have acquired
22 
experience in general services, including the management of supply, property,
23 
solid waste disposal and general sanitation for at least five (5) years.
24 
The appointment of a provincial general services officer shall be mandatory.
25 
(b)The provincial general services officer shall take charge of the office of general
26 
services, and shall:
27 
(1) Formulate measures for the consideration of the sanggunian and provide
28 
technical assistance and support to the provincial governor in carrying out
29 
measures to ensure the delivery of basic services and the provision of
30 
adequate facilities pursuant to Section 17 of the Local Government Code of
44


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
1
1991, as amended, and which require general services expertise and 
technical support services;
(2) Develop plans and strategies and, upon approval thereof by the provincial 
governor, implement the same, particularly those which have to do with 
general services supportive to the welfare of the inhabitants which the 
provincial governor is empowered to implement and which the sanggunian 
is empowered to provide under the Local Government Code of 1991, as 
amended;
(3) In addition to the foregoing duties and functions, the provincial general 
services officer shall:
(i) 
Take custody of and be accountable for all properties, real or 
personal, owned by the provincial government and those granted to 
it in the form of donation, reparation, assistance and counterpart of 
joint projects;
(ii) 
With the approval of the provincial governor, assign building or land 
space to provincial officials or other public officials who, by law, are 
entitled to such space;
(iii) 
Recommend to the provincial governor, the reasonable rental rates 
for local government properties whether real or personal which will 
be leased to public or private entities by the provincial government;
(iv) 
Recommend to the provincial governor, the reasonable rental rates 
of private properties which may be leased for the official use of the 
provincial government;
(v) 
Maintain and supervise janitorial, security, landscaping and other 
related services on all local government public buildings and other 
real 
property, 
whether owned 
or leased 
by the provincial 
government;
(vi) 
Collate and disseminate information regarding prices, shipping and 
other costs of supplies and other items commonly used by the 
provincial government;
45


1 
(vii) 
Perform archival and record management with respect to records of
2 
offices and departments of the province; and
3 
(viii) 
Perform all other functions pertaining to supply and property
4 
management heretofore performed by the local government
5 
treasurer and to enforce policies on records creation, maintenance
6 
and disposal;
7 
(4) Be in the frontline of general services-related activities, such as the possible
8 
or imminent destruction or damage to records, supplies, properties and
9 
structures and the orderly and sanitary clearing up of waste materials or
10 
debris, particularly during and in the aftermath of man-made and natural
11 
disasters or calamities; and
12 
(5) Recommend to the sanggunian and advise the provincial governor on all
13 
matters relative to general services.
14 
(c) Exercise such other powers and perform such other duties and functions as
15 
may be prescribed by law or ordinance.
16 
Sec. 38. The Provincial Cooperatives Officer. -
17 
(a) No person shall be appointed provincial cooperatives officer unless he or she is
18 
a citizen of the Philippines, a resident of the province, of good moral character,
19 
a holder of a college degree preferably in business administration course with
20 
special training in cooperatives or any related course from a recognized college
21 
or university, and a first grade civil service eligible or its equivalent. He or she
22 
must have acquired experience in cooperatives organization and management
23 
for at least five (5) years.
24 
The appointment of a provincial cooperatives officer shall be optional.
25 
(b)Tbe provincial cooperatives officer shall take charge of the office for the
26 
development of cooperatives, and shall:
27 
(1) Formulate measures for the consideration of the sanggunian and provide
28 
technical assistance and support to the provincial governor in carrying out
29 
measures to ensure the delivery of basic services and the provision of
30 
adequate facilities through the development of cooperatives, and in
31 
providing access to such services and facilities;
46


1 
(2) Develop plans and strategies and, upon approval thereof by the provincial
2 
governor, implement the same, particularly those which have to do with the
3 
integration of cooperatives principles and methods in programs which the
4 
provincial governor is empowered to implement and which the sanggunian
5 
is empowered to provide for under the Local Government Code of 1991, as
6 
amended;
7 
(3) In addition to the foregoing duties and functions, the provincial cooperatives
8 
officer shall:
9 
(i) 
Assist in the organization of cooperatives;
10 
(ii) 
Provide technical and other forms of assistance 
to 
existing
11 
cooperatives to enhance their viability as an economic enterprise and
12 
social organization; and
13 
(iii) 
Assist 
cooperatives in establishing 
linkages 
with government
14 
agencies and non-governmental organizations involved in the
15 
promotion and integration of the concept of cooperatives in the
16 
livelihood of the people and other community activities;
17 
(4) Be in the frontline of cooperatives organization, rehabilitation or viability
18 
enhancement, particularly during and in the aftermath of man-made and
19 
natural disasters or calamities, to aid in their survival and, if necessary,
20 
subsequent rehabilitation; and
21 
(5) Recommend to the sanggunian and advise the provincial governor on all
22 
other 
matters 
relative 
to 
cooperatives 
development 
and 
viability
23 
enhancement which will improve the livelihood and the quality of life of the
24 
inhabitants.
25 
(c) Exercise such other powers and perform such other duties and functions as
26 
may be prescribed by law or ordinance.
27 
Sec. 39. The Provincial Architect. -
28 
(a) No person shall be appointed provincial architect unless he or she is a citizen
29 
of the Philippines, a resident of the province, of good moral character and a
30 
duly licensed architect. He or she must have practiced his or her profession for
31 
at least five (5) years.
47


1 
The appointment of a provincial architect shall be optional.
2 
(b)The provincial architect shall take charge of the office on architectural planning
3 
and design, and shall;
4 
(1) Formulate measures for the consideration of the sanggunian and provide
5 
technical assistance and support to the provincial governor in carrying out
6 
measures to ensure the delivery of basic services and the provision of
7 
adequate facilities relative to architectural planning and design as provided
8 
for under Section 17 of the Local Government Code of 1991, as amended;
9 
(2) Develop plans and strategies and, upon approval thereof by the provincial
10 
governor, implement the same, particularly those which have to do with
11 
architectural planning and design programs and projects which the
12 
provincial governor is empowered to implement and which the sanggunian
13 
is empowered to provide for under the Local Government Code of 1991, as
14 
amended;
15 
(3) In addition to the foregoing duties and functions, the provincial architect
16 
shall:
17 
(i) 
Prepare and recommend for consideration of the sanggunian the
18 
architectural plan and design for the province or a part thereof,
19 
including the renewal of slums and blighted areas, land reclamation
20 
activities, the greening of land and the appropriate planning of
21 
marine and foreshore areas;
22 
(ii) 
Review and recommend for appropriate action of the sanggunian and
23 
the provincial governor, the architectural plan and design submitted
24 
by governmental and non-governmental entities or individuals,
25 
particularly those for undeveloped, underdeveloped and poorly-
26 
designed areas; and
27 
(iii) 
Coordinate with government agencies and non-governmental entities
28 
and individuals involved in the aesthetics and the maximum
29 
utilization of the land and water within the jurisdiction of the
30 
province, compatible with environmental integrity and ecological
31 
balance;
48


1 
(4) Be in the frontline of the delivery of basic services involving architectural
2 
planning and design, particularly those related to the redesigning of spatial
3 
distribution of basic facilities and physical structures during and in the
4 
aftermath of man-made and natural calamities or disasters; and
5 
(5) Recommend to the sanggunian and advise the provincial governor on all
6 
other matters related to the architectural planning and design as it relates
7 
to the total socioeconomic development of the province.
8 
(c) Exercise such other powers and perform such other duties and functions as
9 
may be prescribed by law or ordinance.
10 
Sec. 40. The Provincial Population Officer. -
11 
(a) No person shall be appointed provincial population officer unless he or she is a
12 
citizen of the Philippines, a resident of the province, of good moral character,
13 
a holder of a college degree with specialized training in population development
14 
from a recognized college or university, and first grade civil service eligible or
15 
its equivalent. 
He or she must have experience in the implementation of
16 
programs on population development or responsible parenthood for at least
17 
five (5) years.
18 
The appointment of a provincial population officer shall be optional.
19 
(b)The provincial population officer shall take charge of the office on population
20 
development, and shall:
21 
(1) Formulate measures for the consideration of the sanggunian and provide
22 
technical assistance and support to the provincial governor in carrying out
23 
measures to ensure the delivery of basic services and the provision of
24 
adequate facilities relative to the integration of the population development
25 
principles and in providing access to said services and facilities;
26 
(2) Develop plans and strategies and, upon approval thereof by the provincial
27 
governor, implement the same, particularly those which have to do with the
28 
integration of population development principles and methods in programs
29 
and projects which the provincial governor is empowered to implement and
30 
which the sanggunian is empowered to provide for under the Local
31 
Government Code of 1991, as amended; and
49


1 
(3) In addition to the foregoing duties and functions, the provincial population
2 
officer shall:
3 
(i) 
Assist the provincial governor in the implementation of the
4 
constitutional provisions relative to population development and the
5 
promotion of responsible parenthood;
6 
(ii) 
Establish and maintain an updated data bank for program
7 
operations, development planning and an educational program to
8 
ensure the people's participation in and undertaking of population
9 
development; and
10 
(Hi) 
Implement appropriate training programs responsive to the cultural
11 
heritage of the inhabitants.
12 
(c) Exercise such other powers and perform such other duties and functions as
13 
may be prescribed by law or ordinance.
14 
Sec. 41. The Provincial Information Officer. -
15 
(a) No person shall be appointed provincial information officer unless he or she is
16 
a citizen of the Philippines, a resident of the province, of good moral character,
17 
a holder of a college degree preferably in journalism, mass communication or
18 
any related course from a recognized college or university, and a first grade
19 
civil service eligible or its equivalent. He or she must have acquired experience
20 
in writing articles and research papers, or in writing for print, television or
21 
broadcast media for at least three (3) years.
22 
The term of the provincial information officer is co-terminous with that of his
23 
or her appointing authority.
24 
The appointment of a provincial information officer shall be optional.
25 
(b)The provincial information officer shall take charge of the office on public
26 
information, and shall:
27 
(1) Formulate measures for the consideration of the sanggunian and provide
28 
technical assistance and support to the provincial governor in providing the
29 
information and research data required for the delivery of basic services and
30 
the provision of adequate facilities so that the public becomes aware of the
31 
said service and may fully avail of the same;
50


1 
(2) Develop plans and strategies and, upon approval thereof by the provincial
2 
governor, implement the same, particularly those which have to do with
3 
public information and research data to support the programs and projects
4 
which the provincial governor is empowered to implement and which the
5 
sanggunian is empowered to provide for under the Local Government Code
6 
of 1991, as amended;
7 
(3) In addition to the foregoing duties and functions, the information officer
8 
shall:
9 
(i) 
Provide relevant, adequate and timely information to the provincial
10 
government and its residents;
11 
(ii) 
Maintain effective liaison with the various sectors of the community
12 
on matters and issues that affect the livelihood and the quality of life
13 
of the inhabitants and encourage support for programs of the local
14 
and national governments; and
15 
(iii) 
Furnish information and data on the province to government
16 
agencies or offices as may be required by law or ordinance;
17 
(4) Be in the frontline of providing information during and in the aftermath of
18 
man-made and natural disasters or calamities, with special attention to the
19 
victims thereof, to help minimize injuries and casualties during and after
20 
emergency, and accelerate relief and rehabilitation; 
and
21 
(5) Recommend to the sanggunian and advise the provincial governor on all
22 
other matters relative to public information and research data as it relates
23 
to the total socioeconomic development of the province.
24 
(c) Exercise such other powers and perform such other duties and functions as
25 
may be prescribed by law or ordinance.
26
27 
ARTICLE V III
28 
THE PROVINCIAL FIRE STATION, THE PROVINCIAL JAIL,
29 
THE PROVINCIAL SCHOOL DIVISION, AND
30 
THE PROVINCIAL PROSECUTION SERVICE
31
51


1 
Sec. 42. The Provincial Fire Station Service. -
2 
(a) There shall be established in the province at least five (5) fire stations with
3 
adequate personnel, firefighting facilities and equipment by the DILG, within
4 
two (2) months upon the commencement of the corporate existence of the new
5 
province. The provincial government shall provide the necessary land or site of
6 
the provincial fire stations.
7 
(b)The provincial fire station service shall be headed by a provincial fire marshal
8 
whose qualification shall be as those provided for under Republic Act No. 9263,
9 
as amended, otherwise known as the "Bureau of Fire Protection and Bureau of
10 
Jail Management and Penology Professionalization Act of 2004".
11 
(c) The provincial fire stations shall be responsible for the protection of various
12 
emergency services such as the rescue and evacuation of injured people at fire-
13 
related incidents and, in general, fire prevention and suppression measures to
14 
secure the safety of life and property of the citizenry.
15 
Sec. 43. The Provincial Jaii Service.-
16 
(a) There shall be established and maintained in the province, within two (2)
17 
months upon the commencement of the corporate existence of the new
18 
province by the DILG, a secured, clean, adequately equipped and sanitary jail
19 
facility for the custody and safekeeping of prisoners, any fugitive from justice,
20 
or person detained awaiting investigation or trial and/or transfer to the national
21 
penitentiary, and/or violent mentally ill person who endangers himself or the
22 
safety of others, duly certified as such by the proper medical health officer,
23 
pending the transfer to a mental institution.
24 
(b)The provincial jail service shall be headed by a provincial jail warden whose
25 
qualifications shall be as those provided for under Republic Act No. 9263, as
26 
amended, otherwise known as the "Bureau of Fire Protection and Bureau of Jail
27 
Management and Penology Professionalization Act of 2004". He or she shall
28 
assist in the immediate rehabilitation of individuals or detention of prisoners.
29 
Great care must be exercised so that human rights of these prisoners are
30 
respected and protected, and their spiritual and physical well-being are properly
31 
and promptly attended to.
52


1 
Sec. 44. The Provincial Schools Division.-
2 
(a) The DepEd shall, within two (2) months upon the commencement of the
3 
corporate existence of the province herein created, establish and maintain a
4 
separate schools division in the province whose jurisdiction shall cover all the
5 
municipalities of the new province.
6 
(b)The provincial schools division shall be headed by a division superintendent
7 
who must possess the necessary qualifications required by the DepEd.
8 
Sec. 45. The Provincial Prosecution Service.-
9 
(a) There shall be stablished and maintained a prosecution service by the
10 
Department of Justice (DOJ), within two (2) months upon the commencement
11 
of the corporate existence of the province herein created, who shall be headed
12 
by a provincial prosecutor and such number of assistant prosecutors as may be
13 
necessary, who shall be organizationally part of the DOJ, and under the
14 
supervision and control of the Secretary of the DOJ, and whose qualifications,
15 
manner of appointment, rank, salary and benefits shall be governed by existing
16 
laws covering prosecutors in the DOJ.
17 
(b)The provincial prosecutor shall handle the criminal prosecution in the municipal
18 
trial courts in the province as well as the regional trial courts for criminal cases
19 
originating in the territory of the new province and shall render to and for the
20 
province such other services as are required by law or regulation of the DOJ.
21
22 
ARTICLE IX
23 
TRANSITORY AND FINAL PROVISIONS
24
25 
Sec. 46. Plebiscite. -T h e  Province of Western Maguindanao shall be created,
26 
as provided for in this Charter, upon approval by the majority of the votes cast by the
27 
voters of the affected areas in a plebiscite to be conducted and supervised by the
28 
Commission on Elections (COMELEC) within sixty (60) days from the date of the
29 
effectivity of this Charter.
30 
The amount necessary for the conduct of the plebiscite shall be borne by the
31 
Province of Maguindanao.
53


1 
Sec. 47. Commencement o f Corporate Existence. -  The Province of Western
2 
Maguindanao shall commence corporate existence upon the composition, qualification
3 
and assumption of the provincial governor, provincial vice-governor and majority of
4 
the members of the sangguniang panlalawigan.
5 
Sec. 48. Officials o f the Province o f Western Maguindanao. -  The elective
6 
officials of the Province of Western Maguindanao shall be elected in the next national
7 
and local elections following the effectivity of this charter.
8 
However, if this charter is ratified more than six (6) months prior to the next
9 
national or local elections following its approval and effectivity, the highest ranking
10 
elective provincial official of the Province of Maguindanao who is a resident of the new
11 
province shall assume as its acting provincial governor, and shall continue in office
12 
until his or her successor shall have been elected and qualified.
13 
(a) The Vice-Governor and other members of the sangguniang panlalawigan shall
14 
be appointed by the President of the Republic of the Philippines from among
15 
the qualified residents of the new province at the recommendation of the
16 
provincial governor: Provided, that the incumbent elected members of the
17 
sangguniang panlalawigan from the First Legislative District 
of Maguindanao
18 
shall be entitled to retain their respective positions and finish their terms of
19 
office in the new Province of the Western Maguindanao without need of
20 
appointment.
21 
(b) All vacant elective provincial positions in the present Province of Maguindanao
22 
arising as the consequence of the approval of this charter shall be filled up
23 
through appointments by the President of the Republic of the Philippines from
24 
among its qualified residents upon the recommendation of the Provincial
25 
Governor. They shall continue in office until their successors shall have been
26 
elected and qualified.
27 
Sec. 49. Organization o f the Provincial Government -  All provincial 
appointive
28 
positions in the Province of Western Maguindanao shall be filled within sixty (60) days
29 
upon commencement of it corporate existence.
54


1 
Sec. 50. Suspension o f Increase in the Rates o f Local Taxes. -  No increase in
2 
the rates of local taxes shall be imposed by the new province within the period of five
3 
(5) years from its acquisition of corporate existence.
4 
Sec. 51. Present Provincial Properties. -  Upon the effectivity of this Act, the
5 
ownership of real properties and infrastructure projects of each LGU situated in the
6 
present Province of Maguindanao shall belong to the province where it is situated.
7 
Sec. 52. Applicability o f Laws. -  The provisions of Republic Act No. 7160,
8 
otherwise known as the Local Government Code of 1991, as amended. Republic Act
9 
No. 11054, otherwise known as the Organic Law for the Bangsamoro Autonomous
10 
Region in Muslim Mindanao, and other laws as are applicable to provinces shall govern
11 
the herein created province insofar as they are not inconsistent with the provisions of
12 
this Act.
13 
Sec. 53. Separability Clause. -  In any part of this Act is declared invalid or
14 
unconstitutional, the other parts or provisions hereof shall remain valid and effective.
15 
Sec. 54. Effectivity. -  This Act shall take effect fifteen (15) days after its
16 
publication in at least two (2) newspaper of general and local circulation.
17
18 
Approved.
55