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Republic of the Philippines a
HOUSE OF REPRESENTATIVES RECEIVER,
Quezon City ovr:
EIGHTEENTH CONGRESS i" >
First Regular Ssyipe e
House Bill No._9409

Introduced by HON. ESMAEL “TOTO” G. MANGUDADATU

EXPLANATORY NOTE

Maguindanao province occupies the northwestern part of the former province of
Cotabato and is bounded by North Cotabato on the east, the Moro Gulf on the west, Sultan
Kudarat on the south, and Lanao del Sur on the North. It covers a land area of 7,547.2 square
kilometers and home to a population of 1,173,933 as of the 2015 Census of Population.

The province of Maguindanao is once part of the empire in the province of Cotabato. Long
before the emigrants from Luzon and Visayas, it was inhabited by the Bangsamoro People. In
1967, through the Congressional Act, the province of Cotabato was divided into two provinces,
Cotabato and South Cotabato. In 1973, through a Presidential Decree, the province of Cotabato
was further divided thus creating the province of Maguindanao, the province of North Cotabato,
and the province of Sultan Kudarat.

This bill sought to divide the province of Maguindanao into two provinces, namely; the
province of Maguindanao North and the province of Maguindanao.

The Local Government Code enacted in 1991 increased the responsibilities and resources
of local government units. The code aimed at increasing the effectivity and efficiency in
promoting development and equitable growth at the local level.

The seat of the provincial government of Maguindanao North will be in the Municipality
of Sultan Kudarat due to its accessibility to air and sea port, and other forms of transportation
and historical significance. The municipality was named before Sultan Mohammad Dipatuan
Kudarat. He ruled the Sultanate of Maguindanao for more than 50 years. Sultan Kudarat led the
Muslim leaders to maintain their Islam faith and to defend their domain from foreign invaders.
In 1947, through an executive order signed by President Manuel Roxas, the Sultan Kudarat town
was founded by the name Nuling. The town had its present name after it was declared as the
capital of the province of Maguindanao in 1975.

Despite of being rich in natural resources, Maguindanao is still considered as one of the
poorest provinces due to the inequitable influx of projects and programs. In line with this, the
creation of this province will bring the people closer in availing these aforementioned public
services. Local resource management and delivery of these basic public services will be more
efficient as the majority of government officials will work and focus on programs that will best
serve the interests of their constituents. With the establishment of this new province, its
constituents will expect a more accessible, accountable, and responsive local government unit.

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

ESMAEL “TO

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Sessj
House Bill No. Sere

Introduced by HON. ESMAEL “TOTO” G. MANGUDADATU

AN ACT CREATING THE PROVINCE OF MAGUINDANAO NORTH

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

ARTICLE 1
GENERAL PROVISIONS

SECTION 1. Title -- This Act shall be knownas the Charter of the Province of “Maguindanao
North.”

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

The foregoing provision shall be without prejudice to the resolution by the
appropriate agency or forum of existing boundary disputes or cases involving questions
of territorial jurisdiction between the Province of Maguindanao North and adjoining local
government units (LGUs): Provided, That the territorial jurisdiction of the disputed area or
areas shall remain with the LGU, which has existing administrative supervision over said
area or areas until final resolution of the case

SECTION 3. Capital Town and Seat of Government. -- The capital town and seat of
government of the new Province of Maguindanao North shall be the Municipality of Sultan
Kudarat.

SECTION 4. Corporate Powers of the Province. -- The province constitutes a political body
corporate and as such is endowed with the attributes of perpetual succession and possessed
of the powers which pertain to a provincial corporation to be exercised in conformity with
the provision of this Charter and the 1991 Local Government Code. As amended the
province shall have the following corporate powers.

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

(c) To have and use a corporate seal;

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


(e) To enter into contracts and/or agreements; and
( To exercise such other powers, prerogatives or authority subject to the
imitations provided in this Act or other laws.

SECTION S. General Powers. - The province shall have a common seal and may alter the same
at its pleasure: Provided, That any change of corporate seal shall be registered with the
Department of the Interior and Local Government (DILG). It shall have the power to create
its sources of revenue and to levy taxes, fees and charges, to close and open roads, streets,
alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of real
and personal property for the general interests of the province; to expropriate or condemn
private property for public use; to contract and to be contracted with, to sue and be sued; to
prosecute and defend to final judgment and execution suits wherein the province is involved
or interested in and to exercise all the powers as are granted to corporations or as
hereinafter granted, subject to the provisions of the 1991 Local Government Code, as
amended.

SETION 6. Liability for Damages. -- The province and its officials shall not be exempt from
liability for death or injury to persons or damage to property.

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

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

ARTICLE II
PROVINCIAL OFFICIALS IN GENERAL
SECTION 8. Officials of the Provincial Government.

(a) There shall be in the Province of Maguindanao North: a provincial governor, a
provincial vice governor, the regular members of the sangguniang panlalawigan, a secretary
to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial
accountant, a provincial budget officer, a provincial planning and development coordinator,
a provincial engineer, a provincial health officer, a provincial administrator, a provincial
legal officer, a provincial agriculturist, a provincial social welfare and development officer,
a provincial veterinarian _and a provincial general services officer, a provincial architect, a
provincial population officer, a provincial environment and natural resources officer, a
provincial cooperatives officer and a provincial information officer.

(b) The sangguniang panlalawigan may:

(1) Maintain existing offices mentioned in subsections (a) hereof,


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

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

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

SECTION. 9 Residence and Office. - During the incumbency of the provincial governor, he or
she shall have his or her official residence and office in the capital of the province. All elective
and appointive provincial officials shall hold office in the provincial capital. Provided, That,
upon the resolution of the sangguniang panlalawigan, elective and appointive provincial
officials may hold office in any component city or municipality within the province for a
period of not more than seven (7) days for any given month.

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

ARTICLE IL
ELECTIVE PROVINCIAL OFFICIALS

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

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

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

(i) Determine the guidelines of provincial policies and be responsible
to the sangguniang 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;

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


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

(v) Appoint 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;

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

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

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

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

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

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

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

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


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

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

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

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

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

(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, region or country;

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

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

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

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


kabataan, the president of the provincial federation of sanggunian members of
municipalities and component cities and the three (3) sectoral representatives, as
members, who shall come from the following sectors: one (1) from the women sector, and,
as shall be determined by the sangguniang panlalawigan within ninety (90) days prior to
the holding of the local elections, one (1) from the agricultural or industrial workers sector,
and one (1) from the other sectors, including the urban poor, indigenous cultural
communities or persons with disability.

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

SEC 13. Powers, Duties, Functions and Compensation - (a) The Sangguniang Panlalawigan, as
the legislative body of the province, shall enact ordinances, approve resolutions and
appropriate funds for the general welfare of the province and its inhabitants pursuant to
Section 16 of the Local Government Code of 1991, as amended, and in the proper exercise of
the corporate powers of the province as provided for under Section 22 of the Local
Government Code of 1991, as amended, and shall:

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

(i) _Review all ordinances approved by the 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 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 pertinent laws, determine the powers and duties of officials and
employees of the province;

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

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

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

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

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

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

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

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

(iv) Subject to the provisions of Book II of the Local Government Code of 1991
as amended and applicable laws and, upon the majority vote of all the members of the
sangguniang panlalawigan, enact ordinances authorizing the floating of bonds or


(iv) Be entitled to carry the necessary firearm within his or her
territorial jurisdiction.

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

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

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

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

(ii) Prepare and submit to the sangguniang panlalawigan for approval
the executive and supplemental budgets of the province for the ensuing
calendar year in the manner provided for under Title V, Book I! of the Local
Government Code of 1991, as amended;

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

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

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

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

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

(5) Exercise such other powers and perform such other duties and functions
as may be prescribed by law or ordinance. The provincial governor shall receive a
minimum monthly compensation corresponding to Salary Grade Thirty (30) as
prescribed under Republic Act No. 6758, as amended, and the implementing
guidelines issued pursuant thereto

SEC 11, The Provincial Vice Governor. - (a) The provincial vice governor shall:

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

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

(3) Assume the office of the provincial governor for the unexpired term of the
latter in the event of permanent vacancy as provided for in Section 44,
Book I of the Local Government Code of 1991, as amended. Exercise the
powers and perform the duties and functions of the provincial governor
in case of temporary vacancy as provided for in Section 46, Book I of the
Local Government Code of 1991, as amended, and

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

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

ARTICLE IV
‘THE SANGGUNIANG PANLALAWIGAN
SEC. 12, Composition - (a) The sangguniang panlalawigan, the legislative body of the
province, shall be composed of the provincial vice governor as the presiding officer, the

regular sangguniang panlalawigan members, the president of the provincial chapter of the
liga ng mga barangay, the president of the panlalawigang pederasyon ng mga sangguniang


other instruments of indebtedness, for the purpose of raising funds to finance
development projects;

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

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

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

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

(3) Subject to the provisions of Book II of the Local Government Code of 1991. As
amended, grant franchises, approve the issuance of permits or licenses, or enact ordinances
levying taxes, fees and charges upon such conditions and for such purposes intended to
promote the general welfare of the inhabitants of the province and, pursuant to the
legislative authority, shall
(i) Fix an impose reasonable fees and charges for all services rendered by the provincial
government to private persons or entities, and

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

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

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

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

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

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

(v) Approve measures and adopt quarantine regulations to prevent the introduction and
spread of diseases within its territorial jurisdiction,
(vi) Provide for the care of paupers, the aged, the sick, persons of unsound mind,

Abandoned minors, abused children, disabled persons, juvenile delinquents, drug
dependents, and other needy and disadvantaged persons, particularly children and youth
below eighteen (18) years of age; subject to the availability of funds, establish and support
the operation of centers and facilities for said needy and disadvantaged persons; and



facilitate the efforts to promote the welfare of families below the poverty threshold, the
disadvantaged and the exploited

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

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

(ix) Establish a provincial council for the elderly which shall formulate policies and adopt
measures mutually beneficial to the elderly and to the province; subject to the availability
of funds, appropriate funds to support programs and projects for the elderly; and provide
incentives for nongovernmental agencies and entities to support the programs and
projects of 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 of Procedure - (a) On the first regular session following the election
of its members and within ninety (90) days thereafter, the sangguniang panlalawigan shall
adopt or update its existing rules of procedure.

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

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

(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of members during sessions;

(5) The discipline of members for disorderly behavior and absences without justifiable
cause for four (4) consecutive sessions for which they may be censured, reprimanded or
excluded from the session, suspended for not more than sixty (60) days or expelled.
Provided, That the penalty of suspension or expulsion shall require the concurrence of at
least two-thirds (2/3) of all the sanggunian members. Provided, further, that a member
convicted by final judgment to imprisonment of at least one (1) year for any crime involving
moral turpitude shall be automatically expelled from the sanggunian; and

(6) Such other rules as the sanggunian may adopt.
SEC 15. Full Disclosure of Financial and Business interests of Sangguniang Panlalawigan

Members. - (a) Every sangguniang panlalawigan member shall, upon assumption to office,
make a full disclosure of his or her business and financial interests. He or she shall also


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

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

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

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

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

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

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

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

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

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

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


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

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

SEC 17. Quorum. - (a) A majority of all the members of the sanggunian who have been
elected and qualified shall constitute a quorum to transact official business. Should a
question of quorum be raised during the session, the presiding officer shall immediately
proceed to call the roll of the members and thereafter announce the results.

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

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

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

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

SEC 19. Veto Power of the Provincial Governor - (a) The provincial governor may veto any
ordinance of the sangguniang panlalawigan on the ground that it is prejudicial to the public
welfare, stating his or her reasons thereof in writing.

(b) The provincial governor shall have the power to veto any particular item or items of an
appropriation ordinance, an ordinance or resolution adopting a local development plan
and public investment program or an ordinance directing the payment of money or creating
liability. In such case, the veto shall not affect the item or items which are not objected to.
The vetoed item or items shall not take effect unless the sangguniang panlalawigan overrides
the veto in the manner herein provided; otherwise, the item or items in the appropriations
ordinance of the previous year corresponding to those vetoed, if any, shall be deemed
reenacted.

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


ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS

SEC 20. Permanent Vacancy in the Office of the Provincial Governor - (a) If a
permanent vacancy occurs m the office of the provincial governor, the provincial vice
governor shall become the provincial governor or in case of his or her permanent inability.
The highest ranking sanggunian member shall become the provincial governor. If a
permanent vacancy occurs in the office of the provincial vice governor, the highest ranking
sangguniang panlalawigan member shall become the provincial vice governor or, in case of
his or her permanent incapacity, the highest ranking sangguniang panlalawigan member
shall become the provincial vice governor. Subsequent vacancies shall be filled automatically
by other sanggunian members according to their ranking as defined herein.

(1) Atie between or among the highest ranking sangguniang_ panlalawigan members shall
be resolved by drawing of lots;

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

(3) For purposes of this Act, a permanent vacancy arises when an elective official fills a
higher vacant office, refuses to assume office, fails to quality, dies, is removed from office,
voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of
his or her office; and

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

SEC 21 Permanent Vacancies in the Sangguniang Panlalawigan  -- (a) Permanent
vacancies in the sangguniang panlalawigan where automatic succession as provided does
not apply shall be filled by appointment by the President, through the Executive Secretary.

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

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

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

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


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

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

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

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

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

ARTICLE VII

APPOINTIVE PROVINCIAL OFFICIALS
THEIR QUALIFICATIONS, POWERS AND DUTIES

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

(b) No person shall be appointed secretary to the sanggunian unless he or she is a citizen of
the Philippines, a resident of the province, of good moral character, a holder of a college
degree preferably in law, commerce or public administration from a recognized college or
university, and a first-grade civil service eligible or its equivalent.

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

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

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

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


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

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

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

(7) Keep his or her office and all nonconfidential records therein open to the public
during usual business hours,

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

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

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

SEC. 24 The Provincial Treasurer. -(a) The provincial treasurer shall be appointed by the
Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the
provincial governor, subject to civil service law, rules and regulations.

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

(6) 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
P 8 Be y
government and national officials concerned regarding disposition of local
government funds and on such other matters relative to public finance;

(2) Take custody of and exercise proper management of the funds of the LGU concerned;

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

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


(5) Maintain and update the tax information system of the LGU; and

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

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

SEC. 25. The Provincial Assessor. - (a) No person shall be appointed provincial assessor
unless he or she is a citizen of the Philippines, a resident of the province, of good moral
character, a holder of a college degree preferably in civil or mechanical engineering,
commerce or any other related course from a recognized college or university, and a first
grade civil service eligible or its equivalent . He or she must have acquired experience in real
property assessment work or in any related field for at least five (5) years. The appointment
of the provincial assessor shall be mandatory.

(b) The provincial assessor shall take charge of the assessor's office and perform the duties
as provided for under Book I! of the Local Government Code of 1991, as amended, and shall:

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

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

(3) Establish a systematic method of real property assessment;
(4) Install and maintain a real property identification and accounting system;

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

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

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

(7) Prepare a schedule of the fair market value for the different classes of real properties
in accordance with Title 2, Book II of the Local Government Code of 1991, as
amended;

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

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

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


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

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

SEC 26. The Provincial Accountant - (a) No person shall be appointed provincial accountant
unless he or she is a citizen of the Philippines, a resident of the province, of good moral
character and a certified public accountant. He or she must have acquired experience in the
treasury or accounting service for at least five (5) years. The appointment of a provincial
accountant is mandatory.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC 27 The Provincial Budget Officer. - (a) No person shall be appointed provincial budget
officer unless he or she isa citizen of the Philippines, a resident of the province, of good moral
character, a holder of a college degree preferably in accounting, economics, public


administration or any related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He or she must have acquired experience in
government budgeting or in any related field for at least five (5) years. The appointment of
the provincial budget officer shall be mandatory.

(b) The provincial budget officer shalll take charge of the budget office, and shall:

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

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

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

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

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

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

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

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

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

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

SEC. 28. The Provincial Planning and Development Coordinator. - (a) No person shall be
appointed provincial planning and development coordinator unless he or she is a citizen of
the Philippines, a resident of the province; of good moral character, a holder of a college
degree preferably in urban planning. Development studies, economics, public administration
or in any related course from a recognized college or university, anda first-grade civil service
eligible or its equivalent. He or she must have acquired experience in development planning
or in any related field for at least five (5) years the appointment of a provincial planning and
development coordinator shall be mandatory to the provincial government.

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

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

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


(2) Integrate and coordinate all sectoral plans and studies undertaken by the different
functional groups and agencies;

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

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

(5) Analyze the income and expenditure patterns, and formulate and recommend fiscal
plans and policies for the consideration of the finance committee of the province as
provided under Title V, Book II of the Local Government Code of 1991, as amended;

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

(7) Exercise supervision and control over the secretariat ofthe provincial development
council.

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

SEC 29. The Provincial Engineer -- (a) No person shall be appointed provincial engineer
unless he or she is a citizen of the Philippines, a resident of the province, of good moral
character and a licensed civil engineer. He or she must have acquired experience in the
practice of his or her profession for at least five (5) years. The appointment of the provincial
engineer shall be mandatory.

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

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

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

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

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

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

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

SEC. 30. The Provincial Health Officer. - (a) No person shall be appointed provincial health
officer unless he or she is a citizen of the Philippines. A resident of the province, of good
moral character and a licensed medical practitioner. He or she must have acquired
experience in the practice of his or her profession for at least five (5) years. The appointment
ofa provincial health officer shall be mandatory.


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

SEC 31. The Provincial Administrator. - (a) No person shall be appointed provincial
administrator unless he or she is a citizen of the Philippines; a resident of the province; of
good moral character, a holder ofa college degree preferably in public administration, law
or any related course from a recognized college or university, and a first grade civil service
eligible or its equivalent. He or she must have acquired experience in management and
administration work for at least five (5) years.

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

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

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

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

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

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

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

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

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

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

SEC 32 The Provincial Legal Officer. -(a) No person shall be appointed provincial legal
officer unless he or she is a citizen of the Philippines. A resident of the province, of good
moral character and a member of the Philippine Bar. He or she must have practiced his or
her profession for at least five (5) years.

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


The appointment of the provincial legal officer shall be mandatory.

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

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

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

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

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

(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 on any question of law
when requested to do so by the provincial governor or the
sanggunian;

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

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

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


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

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

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

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

SEC. 33. The Provincial Agriculturist - (a) No person shall be appointed provincial
agriculturist unless he or she is a citizen of the Philippines, a resident of the province, of a
good moral character, a holder of a college degree in agriculture or in any related course
from a recognized college or university. And a first grade civil service eligible or its
equivalent. He or she must have practiced his or her profession in agriculture or acquired
experience in a related field for at least five (5) years. The appointment of the provincial
agriculturist shall be mandatory.

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

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

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

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

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

(ii) Conduct or cause to be conducted location-specific agricultural
researches and assist in making available the appropriate
technology arising out of and disseminating information on
basic research on crops, preventive control of plant diseases and


pests, and other agricultural matters which will maximize
productivity;

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

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

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

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

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

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

SEC 34 The Provincial Social Welfare and Development Officer -- (a) No person shall be
appointed provincial social welfare and development officer unless he or she is a citizen of
the Philippines, a resident of the province, of good moral character, a duly licensed social
worker, or a holder of a college degree preferably in sociology or in any related course from
a recognized college or university and a first grade civil service eligible or its equivalent. He
or she must have acquired experience in the practice of social work for at least five (5) years.

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

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

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

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

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

(i) _ Identify the basicneeds 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;

(ii) 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;

(iii) 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;

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

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

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

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

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

SEC. 35 The Provincial Environment and Natural Resources Officer. -- (a) No person shall be
appointed provincial environment and natural resources officer unless he or she is a citizen
of the Philippines, a resident of the province, of good moral character, a holder of a college
degree preferably in environment, forestry, agriculture or any related course from a
recognized college or university, and a first grade civil service eligible or its equivalent. He
or she must have acquired experience in environmental and natural resources
management, conservation and utilization for at least five (5) years.

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

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

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the provincial governor in carrying out measures
to ensure the delivery of basic services and the provision of adequate facilities


relative to environment and natural resources services as provided for under Section
17 of the Local Government Code of 1991, as amended;

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

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

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

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

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

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

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

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

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

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

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

SEC. 36. The Provincial Veterinarian. - (a) No person shall be appointed provincial
veterinarian unless he or she is a citizen of the Philippines, a resident of the province, of good
moral character and a licensed doctor of veterinary medicine. He or she must have practiced
his or her profession for at least three (3) years. The appointment of a provincial veterinarian
shall be mandatory.


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

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

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

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

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

(ii) Regulate the keeping of domestic animals;

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

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

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

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

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

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

SEC. 37 The Provincial General Services Officer. - (a) No person shall be appointed
provincial general services officer unless he or she is a citizen of the Philippines, a
resident of the province, of good moral character, a holder of a college degree in public
administration, business administration and management from a recognized college or
university, and a first grade civil service eligible or its equivalent. He or she must have
acquired experience in general services, including the management of supply, property, solid
waste disposal and general sanitation for at least five (5) years.

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


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

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

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

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

() 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;

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

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

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

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

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

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

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

(4) Be in the frontline of general services-related activities, such as the
possible or imminent destruction or damage to records, supplies, properties and
structures and the orderly and sanitary clearing up of waste materials or debris,


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

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

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

SEC. 38. The Provincial Cooperatives Officer. - (a) No person shall be appointed provincial
cooperatives officer unless he or she is a citizen of the Philippines, a resident of the province,
of good moral character, a holder of a college degree preferably in business administration
course with special training in cooperatives or any related course from a recognized college
or university, and a first grade civil service eligible or its equivalent. He or she must have
acquired experience in cooperatives organization and management for at least five (5) years.

The appointment of a provincial cooperatives officer shall be optional.

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

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

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

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

(i) __ Assist in the organization of cooperatives;

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

(iii) Assist cooperatives in establishing linkages with government
agencies and nongovernmental organizations involved in the
promotion and integration of the concept of cooperatives in the
livelihood of the people and other community activities.

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

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


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

SEC. 39. The Provincial Architect - (a) No person shall be appointed provincial architect
unless he or she is a citizen of the Philippines, a resident of the province, of good moral
character and a duly licensed architect. He or she must have practiced his or her profession
for at least five (5) years.

The appointment of a provincial architect shall be optional.

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

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

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

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

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

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

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

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

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

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


SEC. 40. The Provincial Population Officer. - (a) No person shall be appointed provincial
population officer unless he or she is a citizen of the Philippines, a resident of the province,
of good moral character, a holder ofa college degree with specialized training in population
development from a recognized college or university, and a first grade civil service eligible
or its equivalent. He or she must have experience in the implementation of programs on
population development or responsible parenthood for at least five (5) years.

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

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

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

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

(3) In_ addition to. the foregoing duties and functions, the provincial
population officer shall:

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

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

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

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

SEC. 41 The Provincial Information Officer. - (a) No person shall be appointed provincial
information officer unless he or she is a citizen of the Philippines, a resident of the province,
of good moral character, a holder of a college degree preferably in journalism, mass
communication or any related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He or she must have acquired experience in
writing articles and research papers, or in writing for print, television or broadcast media
for at least three (3) years.

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

The appointment of a provincial information officer shall be optional.


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

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

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

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

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

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

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

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

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

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

ARTICLE VIII

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

SEC. 42 The Provincial Fire Station Service. - (a) There shall be established in the province
atleast five (5) fire stations with adequate personnel, firefighting facilities and equipment
by the DILG, within two (2) months upon the commencement of the corporate existence of
the new province. The provincial government shall provide the necessary land or site of
the provincial fire stations.

(b) The provincial fire station service shall be headed by a provincial fire marshal
whose qualifications shall be as those provided for under Republic Act No 9263, as


amended, otherwise known as the Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004.

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

SEC 43 The Provincial Jail Service. - (a) There shall be established and maintained in
the province, within two (2) months upon the commencement of the corporate existence
of the new province by the DILG, a secured, clean, adequately equipped and sanitary jail
facility for the custody and safekeeping of prisoners, any fugitive from justice, or person
detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or
violent mentally ill person who endangers himself or the safety of others, duly certified as
such by the proper medical health officer, pending the transfer to a mental institution.

(b) The provincial jail service shall be headed by a provincial jail warden whose
qualifications shall be as those provided for under Republic Act No. 9263, as amended,
Otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004. He or she shall assist in the immediate
rehabilitation of individuals or detention of prisoners. Great care must be exercised so that
human rights of these prisoners are respected and protected, and their spiritual and physical
well-being are properly and promptly attended to.

SEC 44 The Provincial Schools Division. - (a) The DepEd shall, within two (2) months upon
the commencement of the corporate existence of the province herein created, establish
and maintain a separate schools division in the province whose jurisdiction shall cover all
the municipalities of the new province.

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

SEC. 45. The Provincial Prosecution Service. - (a) There shall be established and maintained
a prosecution service by the Department of Justice (DOJ), within two (2) months upon
the commencement of the corporate existence ofthe province herein created, who shall
be headed by a provincial prosecutor and such number of assistant prosecutors as may be
necessary, who shall be organizationally part of the DOJ, and under the supervision and
control of the Secretary of the DOJ, and whose qualifications, manner of appointment, rank,
salary and benefits shall be governed by existing laws covering prosecutors in the DOJ.

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

ARTICLE IX
TRANSITORY AND FINAL, PROVISIONS
SEC 46. Plebiscite.-- The Province of Maguindanao North shall be created. As provided for
in this Charter, upon approval by the majority of the votes cast by the voters of the affected
areas in a plebiscite to be conducted and supervised by the Commission on Elections
(COMELEC) within sixty (60) days from the date of the effectivity of this Charter.

The amount, necessary for the conduct of the plebiscite shall be borne by the COMELEC.


ae

SEC 47 Commencement of Corporate Existence. -The Province of Maguindanao North
shall commence corporate existence upon the election and qualification of the
provincial governor, provincial vice governor and majority of the members of the
sangguniang panlalawigan.

SEC 48. Officials of the Province of Maguindanao North -- The first set of elective officials of
the Province of Maguindanao North shall be elected in the next national and local elections
following the effectivity of this Charter. All elective and non-elective provincial and
local government officials and employees of the present Province of Maguindanao shall
continue to serve their term of office, perform their duties and functions in the province,
until the commencement of the corporate existence of the new province, as provided for in
the immediately preceding section of this Act

SEC. 49. Organization of the Provincial Government -- All provincial appointive positions
in the Province of Maguindanao North shall be filled within sixty (60) days upon
commencement of its corporate existence. This shall be done without prejudice to the
officials and employees of the present Province of Maguindanao who may wish to serve in
the Province of Maguindanao North.

SEC. 50. Suspension of Increase in the Rates of Local Taxes -- No increase in the rates of local
taxes shall be imposed by the new province within the period of five (5) years from its
acquisition of corporate existence.

SEC 51 Present Provincial Properties. - Upon the effectivity of this Act, the ownership
ofreal properties and infrastructure projects of each LGU situated in the present Province
of Maguindanao shalll belong to the province where it is situated.

SEC. 52. Applicability or Laws -- The provisions of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, as amended, and other laws as are applicable
to provinces shall govern the herein created province insofar as they are not inconsistent
with the provisions of this Act.

SEC 53. Separability Clause. - Ifany part of this Act is declared invalid or unconstitutional,
the other parts or provisions thereof shall remain valid and effective.

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

Approved.