FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPIN~S ) 
First Regular Session 
) 
'11 
FEB -8 P 5 :27 
SENATE 
S .. B.No. 2681 
Introduced ,'Oy Senator Ralph G. Recto 
EXPLANATORY NOTE 
Davao del Sur is a province situated in the southern tip of the Philippines and is bounded 
by Davao City on the north; the provinces of North Cotabato, South Cotabato and Sarangani on 
the west; Celebes Sea on the south and Davao Gulf on the east. The province covers a land area 
of3,934 square kilometers and as of 2007, it has a population of 822,406 in its 14 municipalities. 
Some of the major industries of the province include agriculture, food processing, 
fishing, small to big scale mining and tourism. But with the vast spread in area and number of 
municipalities in the province, the provincial government is hindered from closely managing its 
economic growth. 
This bill aims to divide the existing Province of Davao del Sur into two provinces to wit, 
the Province of Davao del Sur and the' creation of a new Province of Davao Occidental. The 
Province of Davao del Sur shall comprise the municipalities of Digos, as the capital, Malalag, 
Sulop, Padada, Hagonoy, Matanao, Bansalan and Sta. Cruz. Whereas, the proposed province of 
Davao Occidental shall be composed of the municipalities of Malita, as the capital, Sta. Maria, 
Don Marcelino, Jose Abad Santos, and Saranggani. 
With the creation of the new Davao Occidental province, it is expected that the slow pace 
of development in the present province of Davao del Sur will turn into a rapid and robust growth 
considering the wide range of better opportunities and easier access to governmental programs 
and services as the seals of government will be nearer, accessible, and more responsive to its 
inhabitants. 
In view of the foregoing, the imnl'ediate passage of this bill is earnestly sought. 
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FIFTEENTH CONGRESS OF TIm 
REPUBLIC OF TilE PIlILIPPINES, 
Firsl Regular Session 
, 
) 
) 
) 
SENATE 
s: B. No. 2681 
Introduced by Senator Ralph G. Recto 
AN ACT 
'11 
FEB -8 P5:27 
CREATING THE P"R.OVINCE OF DAVAO OCCIDENTAL FROM THE PROVINCE OF 
DA VAO DEL SUR AND Ii0R OTHER PURPOSES 
Be il enacled by the Senate ami the House o/Representatives ol/he Philippines in Congress' assembled: 
ARTICLE I 
GENERAL PROVISIONS 
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Section 1. Title - This Act shall be known as the "Charier ollhe Province olDavao Occidenlal" 
Section 2. Province of Davao Occidental.. - There is hereby created a new province from the present 
Province of Davao Del Sur to be known as the Province of Davao Occidental. The Municipalities of Sta. 
Maria, Malita, Don Marcelino, Jose Abad Santos, and Sarangani shall comprise the Province of Davao 
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Occidental. The remaining Municipalities of Malalag, Sulop, Kiblawan, Padada, l-lagonoy, Sta. Cruz, 
Matanao, Bansalan, Magsaysay, and the City of Digos, shall now comprise the Province of Davao Del 
Sur. 
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 Davao Del Sur and the adjoining local government units. 
Section 3. Capital Town and Scat of Go-s;ernmcnt - The capital town and seat of government of the 
new Province of Davao Occidental shall be the Municipality of Malita. 
Section 4. Corporate Powers of the Pro.vince: -- The province constitutes a political body corporate 
and as such is endowed with the attributes of perpetual succession and possessed of the powers that 
pertain to a provincial corporation to be exercised in conformity with the provisions of the Charter. 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 usc a corporate seal; 
(d) 
To acquire, hold and convey real or personal property; 
(e) 
To enter into contracts and agreements, and; 
(I) 
To exercise such other pOy.'ers, prerogatives, or authority, subject to the limitations 
provided in this Act or other laws. 
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Section 5. General Powers. 
The province shall have a common seal and may alter the same at its 
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pleasure. It shall exercise the powers to levy taxes; to close and open roads, strcets, alleys, parks or 
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squares; to take, purchase, receive, ho·ld, lease, convey and dispose of real and personal properties for 
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the general interests of the province; to expropriate or condemn private property for public use; to 
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contract and to be contracted with, to sue .~nd be sued; to prosecute and defend to final judgment and 


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execution suits wherein the province is involved or interested in; and to exercise all the powers as are 
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granted to corporations or as hcreafter granted, 
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Section 6. Liability for Damagcs,- The p;'ovince and its oftlcials shall not be exempt from liability for 
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death or injury to persons or damage to properties, 
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Section 7. Congrcssional District. - Not withstanding the ratification of this Act by a majority of the 
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votes cast in a plebiscite called l'or the purpose thereby creating the new Province of Davao Occidental, 
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the Representative of the Second District' of the Province of Davao Del Sur at the time of such 
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ratification shall continue to represent the l11unicipalities covered by the said district in the May 10,2010 
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elections, until June 30, 2013, 
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Thereafter, the componcnt municipalities and cities, if any, covercd by the new Province of 
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Davao Occidental shall constitute the known congressional district of the Province of Davao Occidental, 
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subject to the increase in the number of congressional districts which may hereafter be provided in 
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accordance with law; and the Municipalities of Mala lag, Sulop, Kiblawan, Padada, Hagonoy, Sta. Cruz, 
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Matanao Bansalan, Magsaysay, and the City of Digos that shall remain in the Province of Davao Del 
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Sur shall constitute the lone district of the Province of Davao Del Sur, unless they are hereafter divided 
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into two or more congressional districts in accordance with law. 
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Section 8. Jurisdiction of the Province. - The jurisdiction of the Province of Davao Occidental shall 
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cover the Municipalities of Sta, Maria, Malita, Don Marcelino, Jose Abad Santos, and Sarangani. 
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The Regional Trial Courts and other courts under the Department of Justice of adjoining 
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municipalities shall continue to try crimes and misdemeanors committed within thc mandated 
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jurisdiction of the new province. The court tirst taking jurisdiction of such offense shall thereafter retain 
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exclusive jurisdiction thereof. 
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ARTlCLE II 
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PROVINCIAL OFFICIALS TN GENERAL 
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Section 9. Officials of the Provincial Government. -
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(A) There shall be in the Province of Davao Occidental, a governor, a vice-governor, members of the 
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sangguniang panlalawigan, a secretary to the secretary to the sangguniang panlalawigan, a provincial 
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treasurer, a provincial assessor, a provincial accollntant, a provincial engineer, a provincial budget 
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oflicer, a provincial planning and development coordinator, a provincial legal officer, a provincial 
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administrator, a provincial health officer, 'a provincial civil registrar, a provincial social welfare and 
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development officer, a provincial generar services officer, a provincial agriculturist, a provincial 
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veterinarian, a provincial environment and natural resources officer, and a provincial cooperatives 
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oflicer. 
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(8) In addition thereto, the governor may appoint a provincial architect, a provincial population oflicer, 
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and a provincial information oflicer. 
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(C) The province shall establish a provincial fire station to be headed by a provincial tire marshal, a 
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provincial jail to be headed by a provinciai' jail warden, and a provincial schools division to be headed 
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by a provincial schools' divisions superintel1denL 
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(D) The province may: 
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( I ) 
(2) 
(3) 
Establish ancimaintain offices not mentioned in subsections (A) and (8) hereof; 
Create such other ot1ices as may be necessary to carry out the purposes of the 
provincial government; or 
Consolidate the functions of'any ot1ice with those of another in the 
interest of 
efiicieney anci economy. 
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Unless otherwise provided herein, heads of departments and offices shall be appointed by the 
provinciai' governor with the concurrence 'of a majority of the sangguniang panlalawigan members, 
subject to civil service rules and regulations. The sangguniang panlalawigan shall act on the 
appointment within iiftcen (15) days from the day of its submission; otherwise, the same shall be 
deemed coniirmed. 
Section 10. Residence and Office. -- During the incumbency of the governor, he shall have his official 
residence and offiee in the designated capital of the province. All elective and appointive provincial 
orficials 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 within the period of not more than seven (7) days 
lor any given month. 
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, ARTICLE III 
ELECTIVE PROVINCIAL OFFICIALS 
Section 11. 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 in the Local Government Code of 1991 and 
other laws. 
(8) For efficient, eiTective, and economical, governance, the purpose of which is the general welfare of 
the pl'Ovince and its inhabitants pursuant tb Section 16 of the Local Government Code of 1991, the 
provincial governor shall: 
(I) 
Exercise general supervIsion and control over all programs, projects, serVices, and 
activities of the provincial government and, in this connection, shall: 
(a) 
(b) 
(c) 
(d) 
(e) 
(g) 
Determine the guidelines of provincial policies and be responsible to the 
sangguniang panlalawigan tor the program of the government; 
Direct the formulation of the provincial development plan, with lhe assistance of 
the provincial government council, and, upon approval thereof by the 
sangguniang panlala,wigan, implement the same; 
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 necessal'y as the genel'al welfare of the inhabitants and the needs of 
the provincial government may require; 
Appoint all officials and employees whose salaries and wages are wholly or 
mainly paid out of provincial funds and whose appointments are not otherwise 
provided lor in this Act as well as those he may be authorized by law to appoint 
except those who are to be appointed by the vice-governor as provided in 
Section 12 hereof; 
Represent the province in all its business transactions and sign on its behalf all 
bonds, contracts, and obligations, and such other documents upon authority of 
the sangguniang panlalawigan or pursuant to law or ordinance; 
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Carry out such emergency measures as may be necessary during and In the 
allermath of man-made and natural disasters or calamities; 
Determine the time. manner, and place of payment of salaries or wages of 
provillcial otTIcials and employees, in accordance with law or ordinance; 
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(h) 
(i) 
(i) 
(k) 
(I) 
(m) 
(n) 
(0) 
(p) 
(q) 
(1') 
(s) 
Allocate and assign office space to provincial and other officials and employees 
who, by law or ordin'ance, are entitled to such space in the provincial capital and 
other buildings owned or leased by the provincial government; 
Ensure thill all executive ofticials and employees of the province faithfully 
discharge their duties and functions as provided by law and the Local 
Government Code of 1991, and cause to be instituted administrative or judicial 
proceedings against any official or employee of the province who may have 
committed an offens~ in the performance of his official duties; 
Examine the books, records, and other documents of all officers, oflicials, 
agents, or employee.s of the province, and, in aid of his executive powers and 
authority, require all national officials and etnployees stationed in the province to 
make available to him such books, records, and other documents in their 
custody, except those classitied by law as confidential; 
Furnish the Office of the President copies of executive orders issued by him 
within seventy-two (72) hours after their issuance; 
Visit component cities and municipalities of the province at least once every six 
(6) months to deepen his understanding of problems and conditions, listen and 
give appropriate counsel to local officials and inhabitants, inform the officials 
and inhabitants of component cities and municipalities of general laws and 
ordinances that especially concern them, and otherwise conduct visits and 
inspections to ensure that the governance of the province will improve the 
quality of life of the. inhabitants; 
Act on leave applications of officials and employees appointed by him and the 
commutation of the monetary value of their leave credits in accordance with law; 
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Authorize official trips of provincial ofticials and employees outside of the 
province for a period not exceeding thirty (30) days; 
Call upon any national official or cmployee stationed in or assigned to the 
province to advise him on matters atfecting the province and to make 
recommendations thereon; coordinate with said official or employee in the 
lormulation and implementation of plans, programs, and projects; and, when 
appropriate, 
initiat~ an administrative or 
judicial action against a national 
government ofticial1or employee who may have committed an offense in the 
performance of his duties while stationed in or assigned to the province; 
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Authorize payments for medical care, necessary transportation, subsistence, 
hospitHI, or medical fees or provincial officials and employees who are injured 
while in the performance of their official duties and flll1ctions, subject to the 
avai labi I ity of funds; 
Represent the province in inter-provincial or regional sports councils or 
committees, and coordinate the efforts of component cities or municipalities in 
the regional or national palaro 01' sports development activities; 
Conduct an annual palarong panlalawigan, which shall feature traditional sports 
and disciplines inc\uded in national and international games, in coordination 
with the Department of Education; and 
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 
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(2) 
(3) 
reports when lInexp~cted events and situations arise at any given time during the 
year, particularly when man-made or natural disasters or calamities affect the 
genernl welt~lre of the province, region, or country. 
Enforce all laws and ordinances relative to the governance of the province and the 
exercise of the appropriatc corporate powers provided for in Section 22 of the Local 
Governlllent Code of 1991; illlplelllent all approved policies, prograllls, projects, 
services, and activities of the province, and in addition to the foregoing, shall: 
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(a) 
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; 
(b) 
Cal I conventions, conferences, seminars, or mectings of elective and appointive 
ofticials of the province and itscomponent cities and municipalities, including 
national officials and employees stationed in or assigned to the 
prOVll1ce, 
at such time and place and on such subject as he may deem important for the 
promotion of the gdcral 
welfare of the inhabitants; 
(c) 
Issue such executive'lOrders for the faithful and appropriate 
enforcement 
and execution of laws and ordinances; 
(d) 
(e) 
(t) 
Be entitled to carry the necessary firearm within his territorial jurisdiction; 
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 
Call upon the appropriate national law enforcement agencies to suppress 
disorder, riot, lawless violence, rebellion, or sedition or to apprehend violators of 
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the law when public interest so requires and the police forces of the component 
cities 'and municipalities where the disorder or violence is happening are 
inadequate to cope with the situation. 
Initiate and maximize the g,eneration of resources and revenues, and apply the same to 
the implementation of development plans, programs, objectives, and priorities as 
provided 1'01' under Section 18 of the Local Government Code of 1991, particularly those 
resources and revenues programmed for agro-industrial development and country-wide 
growth and progress and, relative thereto, shalt: 
(a) 
Require each head Cif an office or department to prepare and submit an estimate 
of aprropriations tDr the ensuing calendar year, in accordance with the budget 
preparation process under Title Y, Book II of the Local Government Code of 
1991 ; 
(b) 
Prepare and submit to the sangguniang panlalawigan tDr approval the executive 
and supplemental budgets of the province for the ensuing calendar year in the 
manner provided Ulhler Title Y, Book II of the Local Government Code of J 991; 
(c) 
Ensure that all the t,axes and other revenues of the province are collected, and 
that provincial fund,s are applied to the payment of expenses and settlement of 
obligations of the province, in accordance with law or ordinance; 
(d) 
Issue licenses and permits and suspend or revoke the same fDr any violation of 
the conditions upon 'which said licenses or permits have been issued, pursuant to 
law or ordinance; 
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(4) 
(5) 
(e) 
(I) 
(g) 
Adopt adequate measures to safeguard and conserve land, 
mineral, marine, 
forest. and other resources of the province, in coordination with the mayors of 
component cities or municipalities; 
Provide el'ficient and' effective property and supply management in the province; 
and protect thc funds: credits, rights, and other properties of the province; and 
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 
rccovery of funds and properties, and cause the province to be defended against 
all suits to ensure that the interests, resources, and rights are adequately 
protected, 
Ensure the delivery of basic services and the provision of adequate facilities as provided 
for under Section 17 of the Local Government Code of 1991 and, in addition thereto, 
shall; 
(a) 
Ensure that the construction and repair of roads and highways funded by the 
national government' shall be, as far as practicable, carried out in a spatially 
contiguous manner in coordination with the construction and repair of the roads 
and bridges of the province and its component cities and municipalities; and 
(b) 
Coordinate the implementation of technical services by national offices for the 
province and its component cities and municipalities, including public works and 
inli'astrllcture programs of the provincial government and its component cities 
and municipalities. " 
Exercisc sllch powers and perform such other duties and functions as may be prescribed 
by law or ord i nances. 
(C) The provincial governor shall receive a minimum monthly compensation corresponding to Salary 
Grade Thirty (30) prescribed under Republiq Act No. 6758 and its implementing guidelines. 
Section 12. The Vice-Governor. --
(A) The vicc governor shall: 
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(1) 
Be the presiding officer of the sangguniang panlalawigan and sign all warrants 
drawn on the provincial treasury for all the expenditures appropriated for the 
operation of the sangguniang panlalawigan; 
(2) 
Subject to the civil service law, rules and regulations, appoint all officials and 
employees including the secretary to the sangguniang panlalawigan and such 
employees of the individual members of the sangguniang panlalawigan, except 
those whose manner. of appointment is specifically provided for under existing 
laws; 
(3) 
As",,,"c the oHice of the governor for the unexpired term of the latter in the 
evellt or permanent'vacahcy, as provided in Section 44, Book 1 of the Local 
Govertlment Code of 1991; and 
(4) 
exercisc the powers and perform the duties and J'unctions of the governor 111 
case, oj' temporary vacancy as provided for in Section 46, Book 1 of the Local 
Govel'l1ment Code of 1991; and 
(5) 
ExerCise such other powers and perform such other duties and timctions as 
mayhe prescribed by law or ordinance. 
(8) The vice-governor shall rcceive a mont)lly compensation corresponding to Salary Grade Twcnty-
eight (28) under Republic ACI No. 6758 and the implementing guidelines issued pursuant thereto. 
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" ARTICLE IV 
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5 
TIm SANGGUNIANG PANLALAWIGAN 
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Section 13. The Sallggulliaug Panlalawigan.-, 
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(A) The sangguniang pUlllalawigan. the legislative body of the province shall be composed of the 
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provincial vice-governor as presiding onicer, the regular sangguniang panlalawigan mcmbers, the 
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president of the provincial chapter of the liga ng mga barangay, the president of the panlalawigang 
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pederasyon ng mga sanggulliallg kabataan', the president of the provincial federation of sangguniang 
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members ofcomponcnt cities and municipalities, and the sectoral represcntatives, as members. 
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(B) In addition thereto, there shall be sectoral representatives: one (1) from the women; and shall be 
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determined by the sangguniang concerned within ninety (90) days prior to the holding of the local 
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elections, onc (I) ti-om the agricultural or industrial workers; and one (I) li'om thc othcr sectors, 
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including the urban poor, indigenous cultural communities, or disabled persons, 
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(e) The regular members 01' the sangguniang panlalawigan and the sectoral representatives shall be 
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elected in the manner provided for by law, and shall receive a monthly compensation corresponding to 
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Salary Grade Twenty-seven (27) as prescFibed under Republic Act No, 6758 and its implementing 
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gl!idelines issued pursu:lIlt thereto, 
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Section 14. The P"ovinci,,1 Legislative Function,-
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(1\) The sangguniang p'"11"I~lwigan, as the legislative body of the province, shall enact ordinances, 
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approve resolutions, and appropriate funds for the general welfare of the province and its inhabitants 
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pursuant to Section 16 01' the Local Government Code of 1991 and in the proper exercise of the 
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corporate powers of' the province as provided for under Section 22 of the Local Government Code of 
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1991, and shall: 
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(1) 
Approve all ordinances and pass resolutions necessary for an efficient and effective 
provincia,l ,government, and in this connection, shall: 
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(a) Review all ordinances approved by the sanggunians of' 
component 
Cities 
and 
municipalities and executive orders issued by the mayors of said component units to 
determine whether these are within the scope of the prescribed powers of' the 
sanggullian and of the niayor; 
(b) Maintain peace and order by enacting measures to prevent or suppress lawlessness, 
riot, violence, rcbellion"pr sedition 
and impose penalties for the violation of 
said ordinances; 
(c) Approve ordinances imp'osing a tine not exceeding Five Thousand (~5,OOO,OO) Pesos 
or impriso,Ill11ent not exceeding one (I) year, or both, in the discretion of the court, 
for tile 
"""iolation of a provincial ordinance; 
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(d) Adopt ll1easures to protect the inhabitants of the province from the harmful effects of 
man-made or natural disasters 
and calamities, UIJd to provide relief services and 
assistance j(,r victims 9uring and in the after the aftermath of said disasters or 
calamilles 3nc1thcir retumto productive livelihood f'ollowing said events; 
(e) Enact ordinances intend~c1 to prevent, suppress, and impose appropriate penalties for 
habitual drunkenness in public places, vagrancy, mendicancy and prostitutions, 
establi',hll1ent and maintenance of houses of ill repute, gambling and other prohibited 
games,,j' chance, fraudulent devices and ways to obtain money or property, drug 
addictl"ll. maintenance of drug dens, drug pushing, juvenile 
delinquency, 
the 
printillg. distribution, and exhibition of obscene or pornographic materials or 
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(2) 
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publications, and such other activities inimical to the welfare and morals of the 
inhabitants of the provin,ce; , 
(t) Protect tht' environment. To this end, it may set aside at least ten percent of its 
development funds for the purpose of maintaining or enhancing the ecological 
balance 01' the province. It may also imposc appropriate penalties for acts that 
endanger Ihe envirOnmC}lt, such as dynamite fishing and other forms of destructive 
fishing. illegal logging and smuggling of logs, smuggling of natural resources 
producl,; and of endangered species of nora and fauna, slash and burn fanning, and 
such uthel activities that result in pollution, acceleration of eutrophication of rivers 
and I(lkes. or of 
ecological balance~ 
(g) Subjeci 10 the provisions' of the Locaf Government Code of 1991 and pertinent laws, 
determine the powers and duties of officials and employees of the province; 
(h) Detern,,,,,' Ihe position~ and salaries, wages, allowances, and other emoluments or 
benelils or of'llcials and cmployees paid wholly or mainly li'om provincial funds, and 
provide Illi' expenditures necessary for the proper conduct of programs, projects, 
services. and activities of the national government; 
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(i) Authori/c payment of wmpensation to a qualified person not in the government 
servin' II IHl lills up a temporary vacancy, or grant honorarium to any qualified 
ortici,,1 (\1' employee de~ignated to fill a temporary vacancy in a concurrent capacity, 
at the I ,ill' "uthorized by law; 
OJ Providc' mechanism at:d appropriate funds therefor to ensure the safety and 
proteellOIl of all provincial government 
property, public documents or records, 
such 'h lllOse relating, to property inventory, land ownership, records of birth, 
marria.,'es, death, assessments, taxation, accounts, business permits, and such other 
reclml, and documents of public interest in the offices and departments of he 
provlllcial government; " 
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(k) When 11ll' finances of the provincial government allow, provide for additional 
allo",,,"ces and other benefits to judges, prosecutors, public elementary and high 
school leachers, and other national government officials stationed or assigned to the 
provllh'C: 
(I) Provide Ic",al assistance to provincial and municipal officials including the members 
01' the pl'Ovtncial police, who, in the performance of their official duties or on the 
occa",," 
thereof~ have to initiate judicial proceedings or defend themselves 
against leg;l! actions. The sanggulliang panlalawigan may authorize the provincial 
govcl'I1m In engage the ,services of a private counsel for this purpose; and 
(m) 
Provide le)l' group insurance coverage for all of'llcials, including members of 
barangay lanoeI brigades and other service units, with public or private insurance 
coml""l1es, when the finances of the provincial government allow said coverage, 
Generate and maximize the use of resources and revenues for the development plans, 
program ()I' objectives ancl priorities of the province as provided for under Section 18 of 
the Local Government Code of 1991, with particular mention of the agro-industrial 
developl1lent and country-wide growth and progress and relative thereto, shall: 
(a) Enac" Ihe annual suppJ,emental appropriation of the provincial government and 
appn'I'm1te Cunds for specific programs, projects, services ancl activities of the 
proVillc'(, or fi)!' other purposes not contrary to law, in order to promote the general 
weill" c: of the province and its inhabitants; 
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(b) Subjel'l to the provisions of Book II of the Local Government Code of 1991 and 
other applicable laws, and upon the majority vote of all thc members of the 
sangguniang panlalawigall, enact ordinances levying taxes~ tees, and charges, 
, 
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presCI'ibing the rates thereof for general and specific purposes, and granting tax 
exel11ptions, incentives, or reliefs; 
(c) Subjeci to the provisions of 800k II of the Local Governl11ent Code of 1991 and 
other applicable laws, and upon the l11ajority vote of al[ the members of the 
sanggtlniang panlaiawigan, authorize the governor to negotiate and contract loans 
and other forll1s of indebtedness; 
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(d) Subject to the provisions of Book II of the Local Government Code of 1991 and 
other applicable laws, and upon the majority vote of a[[ the members of the 
sangglll1iang pan[a[awigan, enact ordinances authorizing the tloating of bonds or 
other instruments of indebtedness, for the purpose of raising funds to finance 
deve[I'I)!l1cnt projects; 
(e) Appropriate funds for the construction or maintenance or the rental of buildings for 
the U\C of the province; and upon the majority vote of a[[ the members of the 
sangglll1iang panialawigan, authorize the provincial governor to lease to private 
parli,'" such public buildings held in proprietary capacity, subject to existing laws, 
rule:. ;iild regulations~ 
(t) Prc,cllhe reasonable limits and restraints on the use of property within the 
jurisdiction ofthe province; 
(g) Revi,'\\' the comprehensive [and use plans and zoning ordinances of component 
citic' dnd municipalities and adopt a comprehensive provincial land usc plan, subject 
to ni',ling laws; 
(h) Rec[,,,,,ify lands within the jurisdiction or the province subject to thc pertinent 
provi',lons or the Loca[ Government Code of [99 [; 
(i) AdOI'I measul'es to enhance the fu[[ implementation of the national agrarian reform 
pI'Ogl':lI11 in coordination with the Department of Agrarian Rcform; 
U) Enaci integrated zoning ordinances in consonance with the approved comprehensive 
provillcia[ [and use plan, subject to existing laws, rules and regulations; establish 
[ire [ililits 01' zones, pal'ticu[arly in populous centers, and rcgulate the construction, 
repail or moditication ,pf buildings within said tire limits or zones in accordance 
with lile pl'Ovisions of tile Fire Code; 
(k) Subjcct to national law, process and approve subdivision plans [or residential, 
commel'cia[ or industr1a[ purposes and other development purposes, and collect 
procc',\ing fees and othel' charges, the proceeds of which shall accrue entirely to the 
prO\'lIlec: Provided, however, That where approval of a national agency is required 
by [,m, said approval shall not be withheld for morc than Thirty (30) days li'om 
receipl of the app[icatioll, Fai[ure to act on the application within the aforementioned 
presel ibed period shall be dcemed as approval thereof; 
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(I) Subj""t to the provisions of Book I[ of the Loca[ Government 
Code of 1991 and 
othcl' dpp[icab[e laws, grant the exclusive privilege of constructing tish corrals or 
fish [lCIlS i.n the 
provlI1ce; 
(m) Wilh Ihe concurrence of at [east two-thirds (2/3) of a[[ the members of the 
sang,~:'lt1iang panlalawigan, grant tax exemptions, incentives, or relief to entities 
eng""c'd in community growth including industries, subject to the provisions of the 
Loc" i Govcrnment Code of [99 [ ; 
(n) Granl loans or provide grants to other local government units or to national, 
provilleia[, and Illunicipal charitable, benevolent, or cducationa[ institutions operated 
andlll:lintaincd withinthc province; 
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(3) 
(4) 
(0) Regulate the numbering of residential, commercial, and other buildings; and 
(p) Regulate the inspection, weighing, and measuring of articles of commerce. 
Subject to the provisions of the Local Government Code of 1991, grant franchises, 
approve the issuances 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: 
(a) Fix and impose reasonable fees and charges for all services rendered by the 
provincial government to private persons or entities; 
(b) Regulate and fix license fees for any business or practice of profession within the 
province and the conditipns under which the license for said business or practice of 
profession nay be revokyd and enact ordinances levying taxes thereon; 
(c) Provide for and set the terms and conditions under which public utilities owned by 
the province shall be operated by the provincial government, and prescribe the 
conditions under which the same may be leased to private persons or entities, 
preferably cooperatives; 
(d) Regulate the display of and fix the license fees for signs, signboards, or billboards at 
the place or places wh,ere the profession or business is advertised thereby is, in 
whole or in part, conducted; 
(e) Any law to the contrar~ notwithstanding, authorize and license the establishment, 
operation, and maintenance of cockpits, and regulate cockfighting and commercial 
breeding of gamecocks. Existing rights should not be prejudiced; 
(f) Subject to the guidelines set by the Department of Transportation and 
Communications, regulate the operation of tricycles and grant franchises for the 
operation thereof within the territorial jurisdiction of the province; and 
(g) Upon approval by a 'majority vote of all the members of the sangguniang 
panlalawigan, grant a' franchise to any person, partnership, corporation, or 
cooperative to do business within the province; establish, construct, operate, and 
maintain ferries, wharves, markets, or slaughterhouses; or undertake such other 
activities within the province as may be allowed by existing law. 
Regulate activities relative to the use of the land, buildings, and structures within the 
province in order to promote the general welfare and for said purpose shall: 
(a) Declare, prevent, or abate nuisance; 
(b) With the concurrence of a majority vote of all the members of the sangguniang 
panlalawigan, a quorum being present, deny the entry of legalized gambling by 
ordinance into any part of the province or regulate its location in the province; 
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(c) Require the buildings and the premises thereof and any land within the province be 
kept and maintained in a sanitary condition, impose penalties for any violations 
thereof; or upon failure. to comply with such requirements, have the work done at the 
expense of the owner, administrator, or tenant concerned, and require the filling up 
of any land or premises to a grade necessary for proper implementation; 
(d) Regulate the disposal Of clinical and other wastes from hospitals, clinics, and other 
similar establishments;' 
(e) Regulate the establishment, operation and maintenance of cafes, bars, restaurants, 
beer, wine and liquor stores, hotels, motels, inns, pension houses, dorms, and 
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(5) 
lodging houses, and other similar establishments, including tourist guides and 
transpOltation services; '. • 
(f) Regulate the sale, giving away, dispensing of intoxicating malt, vino, or mixed or 
fermented liquors at any provincial retail outlets; 
(g) Regulate the establishment and provide for the inspection of steam boilers or any 
heating device on any building or structures, and the storage of inflammable and 
other highly combustible materials within the province; 
(h) Regulate the establishm:ent, operation and maintenance of any entertainment or 
amusement facilities, including the theatrical and stage performances, circuses, 
billiard pools, public dancing halls, computer gaming cafes and bars, health and 
fitness spas, sauna baths, massage parlors, and other places for entertainment or 
amusement; regulate such other events or activities for amusement or entertainment, 
particularly those which tend to disturb the community or annoy the inhabitants, or 
require the suspension or suppression of the same; or prohibit certain forms of 
amusement or enteltainment in order to protect the social and moral welfare of the 
community; 
(i) Regulate the establishment, operation and maintenance of funeral parlors and the 
burial or cremation ofthe dead, subject to existing laws, rules and regulations; 
CD Regulate the establishme,nt, operation and maintenance of gyms, sport centers, health 
and fitness spas, and similar centers and parlors, subject to existing laws, rules and 
regulations; and 
(k) Provide for the impounding of stray animals; regulate the keeping of animals inside 
homes or as part of a business, and the slaughter, sale or disposition of the same; and 
adopt measures to prevent and penalize cruelty to animals. 
Approve ordinances which "shall ensure the efficient and effective delivery of basic 
services and facilities as provided is Section 17 of the Local Government Code of 1991 
and, in addition to said services and facilities, shall: 
(a) Provide for the establishment, maintenance and protection of communal forests and 
watersheds, tree parks, greenbelts, mangroves, and other similar forest development 
projects; 
(b) Establish markets, slaughterhouses, or animal corrals and authorize the operation 
thereof by the provincial' government; and regulate the construction and operation of 
public markets, tali papas.' or other similar buildings or structures; 
(c) Authorize the establishment, maintenance and operation by the provincial 
government of ferries, wharves, and other structures intended to accelerate 
productivity related to marine and seashore and offshore activities; 
(d) Regulate the preparation and sale of meat, poultry, fish, 
vegetables, fruits, 
fresh 
dairy products, and other food stuff for public consumption; 
( e) Regulate the use of streets, avenues, alleys, sidewalks, 
bridges, parks and other 
public places and approve the construction, improvement, repair, and maintenance of 
the same; establish bus and vehicle stops and terminals and regulate the use of the 
same by privately own~d v~hicles which serve the public; regulate garages and 
operation of conveyances for hire; designate stands to be occupied by public vehicles 
when not in use; regulate the putting up of signs, signposts, awnings and awning 
posts on the streets; and provide for lighting, cleaning and sprinkling of streets and 
public places; 
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(I) Regulate traffic on all, streets and bridges, prohibit encroachments or obstacles 
thereon and, when necessary in the interest of public welfare, authorize the removal 
of encroachments and illegal settlement structures and constructions in public lands 
and areas; 
(g) Subject to eXlstmg laws, establish and provide for the maintenance, repair, and 
operation of efficient waterworks system to supply water for the inhabitants and to 
purify the source of the ,water supply; regulate the construction, maintenance, repair 
and use of hydrants, p,tlll1PS, cisterns and reservoirs; and protect the purity and 
quantity of the water supply of the province; 
(h) Regulate the drilling ana excavation of the ground for water source, laying of water, 
gas, sewer, and other pipes, and the conservation, repair, and maintenance of public 
drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles 
and the use of crosswalks, curbs and gutters, adopt measures to ensure public safety 
against open canals, manholes, livewires, and other similar hazards to life and 
property, and regulate the construction and use of private water closets, privies, and 
other similar structures ih buildings and homes; 
(i) Regulate the placing, stringing, attaching, installing, repair and construction of all 
gas mains, electric telegraph and electric wires and cables, conduits, meters, support 
structures, and other similar apparatus and provide for the correction, condemnation, 
and removal of the same when found to be dangerous to the welfare of the 
inhabitants; 
U) Subject to the availability offunds and to existing laws, rules and regulations, provide 
for the establishment and operation of vocational and technical schools and other 
post-secondary educational institutions; and, with the approval of the Department of 
Education, and subject to the existing laws on the regulation of tuition fees, fix 
reasonable tuition fees and other school charges in educational institutions supported 
by the provincial goverl'\ment; 
(k) Establish an education and training scholarship fund for the poor but deserving 
constituents in schools located within its jurisdiction or of students residing within 
the province; 
(I) Approve measures and adopt quarantine regulations to prevent the introduction and 
spread of diseases within its territorial jurisdiction; 
(m) 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 the families below the 
poverty threshold, the disadvantaged, and the exploited; 
(n) 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 of the province; 
(0) Establish a provincial cQuncil whose purpose is the promotion of culture and the arts, 
coordinate with government agencies and non-governmental organizations and, 
subject to the availability of funds, appropriate funds for the support and 
development of the sam,?; and 
(p) Establish a provincial, council for the elderly and veterans that shall formulate 
policies and adopt measures mutually beneficial to the elderly and the province; and, 
subject to the availability of funds, appropriate funds to support programs and 
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projects for the elderly; and provide incentives for non-governmental agencies and 
entities to support the programs and projects of the elderly. 
(6) 
Exercise such other powers and perform such other duties and functions as provided for 
under the Local Government Code of 1991 and as may be prescribed by law or 
ordinance. 
ARTICLE V 
PROCESS OF LEGISLATION 
Section 15. Internal Rules of Procedure. -
(A) On the first regular section following the election of its members and within ninety (90) days 
thereafter, the sangguniang panlalawigan shall adopt its own rules of procedure. 
(B) The rules of procedure shall provide for the following: 
(I) 
The organization of the sanggunian and the election of its officers as well as the 
creation of standing, committees which shall include, but shall no! be limited to, 
the committees on appropriations, revenues, engineering and public works, 
education and health, women and family, human rights, youth and sports 
development, environmental protection, peace and order and traffic, and 
cooperatives; the general jurisdiction of each committee; and the election of the 
chairman and the members of each committee; 
(2) 
The order and cal en gar of business for each session; 
(3) 
The legislative process; 
(4) 
The parliamentary p;ocedures that include the conduct of members during 
the sessions; 
(5) 
The discipline of members for disorderly behaviors and absences without 
justifiable cause for four (4) consecutive sessions for which they may be 
censured, reprimand~d, 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 at least two-thirds vote of all the sanggunian members: 
Provided, further, That the member convicted by final judgment to imprisonment 
of at least one (I) year for any crime involving moral turpitude shall be 
automatically expelled from the sanggunian; and 
(6) 
Such other rules as t~e sanggunian may adopt. 
Section 16. 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 business and financial interests. He shall also disclose any business and financial, professional 
relationship, or any relation by affinity or consanguinity within fourth civil degree which he may have 
with any person, firm, or entity affected by any ordinance or resolution under consideration by the 
sangguniail of which he is a member, which relationship may result in conflict of interest. Such 
relationship shall include: 
(I) 
Ownership of stocks or capital, or investment in the entity or firm to which the 
ordinance or resolution may apply; and 
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(2) 
Contracts or agreements with any person or entity which the ordinance or resolution 
under consideration may affect. 
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In the absence of a specific consti'tutional 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 the 
sangguniang panlalawigan may not act in the public interest due to some private, pecuniary, or other 
personal considerations that may tend to affect his judgment to the prejudice of public service. 
(B) The disclosure required under this Act shall be made in writing and submitted to the secretary of the 
sanggunian or the secretary of the committee of which he is a member. The disclosure shall, in all cases, 
form part of the record of the proceedings and shall be made in the following manner: 
(I) 
Disclosure shall be made 'before the member participates in the deliberations of 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 privileged speech 
on a matter that may affect the business interest, financial connection, or professional 
relationship described herein. 
Section 17. Sessions. -
(A) On the first day of session immediately following the election of its members, the sangguniang 
panlalawigan shall, by resolution, fix the ,day, time, and place of its regular sessions, The minimum 
number of regular sessions of the sangguniang panlalawigan shall be once a week; 
(8) When the public interest so demands, special sessions may be called by the provincial governor or 
by a majority of the members of the sanggunian; 
(C) All sanggunian session shall be open' to public unless a closed-door session is ordered by the 
affirmative vote of a majority of the members present, there being a quorum, in the public interest or for 
reasons of public security, decency, or morality. No two (2) sessions, regular or special, may be held in 
a single day; and 
(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 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 record anq a journal of its proceedings which may be published upon 
resolution of the sangguniang panlalawigan. 
Section 18. Quorum. -
(A) A majority of 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; 
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(8) Where there is no quorum, the presiding officer may declare a recess until such time that a quorum 
is constituted, or a majority of members present may adjourn from day to day to compel the immediate 
attendance of any member absent without jltstifiable cause by designating a member of the sanggunian, 
to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the 
province, to arrest the absent member and present him at the session; and 
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(el If there is still no quorum despite the enforcement of the provisions of the immediately preceding 
subsection, no business shall be transacted., The presiding officer, upon proper motion duly approved by 
the members present, shall then declare the session adjourned for lack of quorum. 
Section 19. Approval of Ordinances -
(A) Every. ordinance enacted by the sangguniang panlalawigan shall be presented to the governor. If the 
governor approves the same, he shall affix 'his signature on each and every page thereof; otherwise, he 
shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider 
the same. The sanggunian may override the veto of the governor by two-thirds (2/3) vote of all its 
members, thereby making the ordinance or resolution effective for all intent and purposes; and 
(B) The veto shall be communicated by the governor to the sanggunian panlalawigan within fifteen (IS) 
days; otherwise, the ordinance shall be deemed approved as if he had signed it. 
Section 20. Veto Power ofthe Governor.-
(A) The provincial governor may veto any ordinance or resolution of the sangguniang panlalawigan on 
the ground that it is prejudicial to public welfare, stating his reasons thereof in writing. 
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(B) The governor shall have the power ,to veto any particular item or items of an appropriation 
ordinance, an ordinance or resolution adoptjng a local development plan, a public investment program, 
or an ordinance directing the payment of lponey 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. 
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(el The governor may veto an ordinance or.resolution only once. The sanggunian may override the veto 
by the governor by two-thirds (2/3) vote of·all its members, thereby making the ordinance or resolution 
effective even without the approval of the p\ovincial governor. 
• 
ARTICLE VI 
DISQUALIFICATION AND SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS 
Section 21. Disqualifications. - The follo'ying persons are not qualified from running for any elective 
position in the province: 
(Al Those sentenced by final judgment for an offense involving moral turpitude or an offense 
punishable by one (1) year or more impriso]'ment within two (2) years after serving the sentence; 
(B) Those removed from office as a result of an administrative case; 
(e) Those convicted by final judgment for violating the oath of allegiance to the republic; 
(D) Those with dual citizenship; 
(E) Fugitives from justice in criminal or non- political cases here or abroad; 
(F) Permanent residents in a foreign count!'/' or those who have acquired the right to reside abroad and 
continue to avail of the same right after the effectivity of the Local Government Code of 1991; and 
(Gl The insane or feeble-minded. 
Section 22. Permanent Vacancy in the Office of the Provincial Governor.-
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(A) If a permanent vacancy occurs in the office of the governor, the vice-governor shalI become the 
governor. If the vice-governor reuses to assume the position of the governor, the highest ranking 
sangguniang panlalawigan member or, in c,ase of his permanent incapacity, the second highest ranking 
member shall become the governor or the vice-governor, as the case may be. Subsequent vacancies in 
said offices shall be filled automatically by the other sanggunian members according to their ranking as 
defined herein: 
(I) 
(2) 
(3) 
(4) 
In case of tie in the votes between or among the highest ranking sangguniang panlalawigan 
members, the same shall be res~lved by drawing lots. 
The successors as defined herein shall serve only the unexpired terms of their predecessors. 
For purposes of this Act, a permanent vacancy arises when an elective local official fills a 
higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, 
voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of 
his office. 
For purposes of succession as provided in this Act, ranking in the sangguniang 
panlalawigan shall be determined on the basis of the proportion of votes obtained by each 
winning candidate to the Idcal number of registered voters in the province in the 
immediately preceding local elections. 
Section 23. Permanent Vacancies in the Sanggunian. -
(A) Pennanent vacancies in the sangguni'ang panlalawigan where automatic succession as provided 
above does not apply shall be filled by appointments in the following manner; 
(1) 
The President, through the Executive Secretary shall make the aforesaid appointments; 
(2) 
Only the nominee of the political party under which the sanggunian member concerned 
had been elected shall be appointed in the manner hereinabove provided. The appointee 
shall come from the political patty 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 acti,on against the official responsible therefor; 
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(3) 
In case the permanent vacancy is caused by a sanggunian member who does not belong to 
any political party, the governor shall, upon the recommendation of the sangguniang 
panlalawigan, appoint a quallfied person to fill the vacancy; and 
(4) 
In case of vacancy in the representation of the sangguniang kabataan, the sangguniang 
barangay, and the provincial' league of councilors in the sangguniang panlalawigan, said 
vacancy shall be filled automatically by the official next in rank of the organization 
concerned. 
Section 24. Temporary Vacancy in the ~ffice of the Provincial Vice Governor. -
(A) When the governor is temporarily incapacitated to perform his duties for physical or legal reasons 
such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice 
governor shall automatically exercise the powers and perform the duties and functions of the governor, 
except to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary 
incapacity exceeds thilty (30) working days, 
(B) Said temporary incapacity shall terminate upon submission to the sangguniang panlalawigan of a 
written declaration by the governor that lie has reported back to office. In case where the temporary 
incapacity is due to legal cause, the governor shall also submit necessary documents showing that the 
said legal cause no longer exists. 
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(C) When the provincial governor is travelling within the country but outside the territorial jurisdiction 
of the province for a period not exceeding three (3) consecutive days, he may designate in writing the 
officer-in-charge off his office. Such authorization shall specify the powers and functions that the local 
official concerned shall exercise in the absence of the governor except the power to appoint, suspend, or 
dismiss employees. 
(D) In the event however, that the governor fails or refuses to issue such authorization, the vice governor 
shall have the right to assume the powers, duties and functions of the said office On the fourth day of 
absence of the governor, subject to the limitations provided in subsection (c) hereof. 
(E) Except as provided above, the governor shall in no case authorize any local official to assume the 
powers, duties, and functions of the office, other than the vice governor. 
" 
,ARTICLE VII 
APPOINTIVE PROVINCIAL OFFICIALS: THEIR QUALIFICATIONS, 
POWERS AND DUTIES 
Section 25. The Secretary to the Sangguniang Panlalawigan. -
(A) There shall be a secretary to the sangg)lniang panlalawigan who shall be a career official, with the 
rank and salary equal to a head of department or office; 
(8) No person shall be appointed secretary to the sanggunian unless he is a citizen of the Philippines, a 
resident of the local government unit concerned, of good moral character, a holder of a master's degree 
preferably law, commerce, or public administration from a recognized college or university, and a first 
grade civil service eligible or its equivalent. 
(C) secretary to the sanggunian shall take charge of the office of the sangguniang panlalawigan, and 
shall: 
(I) 
Attend meetings of the sanggunian and keep journal of its proceedings; 
(2) 
Keep the seal of the local government unit and affix the same with his signature to all 
ordinances, resolutions, and other official acts of 
the sanggunian, and present the 
same to the presiding officer for his signature; 
(3) 
Forward to the governor, for approval, copies of ordinances enacted by the sanggunian 
and duly certified by the presiding officer, in the manner provided for in Section 54 of 
the Local Government Code of 1991; 
(4) 
Forward to the sangguniang bayan or sangguniang panlungsod, as the case may be, 
copies of duly approved ordinances, in the manner provided in Sections 56 and 57 of the 
Local Government Code of 1991 ; 
(5) 
Furnish, upon the request of any interested party, certified copies of records of public 
character in his custody, upon payment to the treasurer of such fees as may be prescribed 
by ord inance; 
(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 office and all non-confidential records therein open to the public during the 
usual business hours; 
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(8) 
Translate into the dialect used by the majority of the inhabitants all ordinances and 
resolutions immediately after their approval, and cause the publication of the same 
together with the original version in the manner provided under the Local Government 
Code of 1991; and 
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(9) 
Take custody of the local archives and, where applicable, the local library and annually 
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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 position. 
Section 26. The Provincial Treasurer.-
(A) The treasurer shall be appointed by tile Secretary of Finance from the list of at least three (3) 
ranking eligible recommendees of the governor, subject to civil service law, rules and regulations; 
(B) The treasurer shall be under the direct supervision of the governor to whom he shall report regularly 
on the tax collection efforts in the local government unit. 
(C) No person shall be appointed treasurer unless he is a citizen of the Philippines, a resident of the local 
government unit, of good moral character, a holder of a college degree preferably in commerce, public 
administration, 01' law from a recognized college or university, and a first grade civil service eligible or 
the equivalent. He must have acquired experience in treasury or accounting services for'at least five (5) 
years. 
The appointment of the provincial treasurer shall be mandatory. 
(D) He shall take charge of the treasury office, perform the duties provided for under Book II of the 
Local Government Code of 1991, and shall; 
(I) 
(2) 
(3) 
(4) 
(5) 
(6) 
Advise the governor, or the sanggunian, as the case may be, and other national or local 
officials concerned regarding the disposition of the local government funds and on such 
other matters relative to public finance; 
Take custody and exercise proper management of the funds of the local government unit 
" 
concerned; 
Take charge of the disbursel'nent of all local government funds and such other funds the 
custody of which may be entrusted to him by law or other component authority; 
Inspect private commercial and industrial establishments within the jurisdiction of the 
province in relation to the implementation of tax ordinances, pursuant to the provisions 
of Book II of the Local Government Code of 1991; 
Maintenance and update the/tax information system of the local government unit; and 
Exercise technical supervi'sion over all treasury offices of component cities and 
municipalities. 
(E) Exercise such other powers and perform such other functions and duties as may be prescribed by 
law or ordinance. 
Section 27. The Provincial Assessor. -
(A) No person shall be appointed assessor' unless he is a citizen of the Philippines, a resident of the 
province, of good moral character, a holder of a college degree preferably in civil or mechanical 
engineering, commerce, or any other related course from a recognized college or university, and a first 
grade civil service eligible or its equivalen~. He must have 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. 
(8) The assessor shall take charge of the as?essor's office, perform the duties provided for under Book II 
of the Local Government Code of 1991, and shall: 
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(I) 
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; 
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(3) 
Establish a systematic meth9d of real property assessment; 
(4) 
Install and maintain a real property identification and accounting system; 
(5) 
Prepare, install, and maintain a system of tax mapping, showing graphically all 
properties subject to assessment and gather all data concerning thee same; 
(6) 
Conduct frequent physical surveys to verify and determine whether all real properties 
within the province are prop,erly listed in the assessment rolls; 
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(7) 
Exercise the functions of appraisal and assessment primarily for taxation purposes of all 
properties in the province; , 
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(8) 
Prepare a schedule of the market value for the different classes of real properties, in 
accordance with Title II, Book II, of the Local Government Code of 1991; 
(9) 
Issue, upon request of any interested pmty, certified copies of assessment records of real 
property and all other records relative to its assessment, upon payment of a service 
charge or fee to the treasurer. 
(10) 
Submit every semester a report of all assessments, as well as cancellations and 
modifications of assessments to the governor and the sangguniang panlalawigan; and 
(11) 
Exercise technical supervision and visitorial functions over all component cities 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 off assistance there for; Provided, however, That, upon full provision of 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 municipal assessor. 
(C) Exercise such other powers and perform such other duties and functions as may be described by law 
or ordinance. 
Section 28. The Provincial Accountant. - ' 
(A) No person shall be appointed accountant unless he is a citizen of the Philippines, a resident of the 
province, of good moral character, and a certified public accountant. He must have acquired experience 
in the treasury or accounting service for at least five (5) years. 
The appointment of a provincial accountant shall be mandatory. 
" 
(B) The accountant shall take charge of both the accounting and internal audit service of the province, 
and shall: 
(I) 
Install and maintain an internal audit system in the province; 
(2) 
Prepare and submit finanqial statements to the governor and to the sangguniang 
panlalawigan; 
(3) 
Apprise the sanggunian and' other local government officials on the financial condition 
and operations of the provin'cial government; 
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(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
(10) 
(11) 
(12) 
Certify to the availability of budgetary allotment to which expenditures and obligations 
may be properly charged; 
Review supporting documen,ts before preparation of vouchers to determine completeness 
of requirements; 
Prepare statements of cash advances, liquidation, salaries, allowances, reimbursements, 
and remittances pertaining to the provincial government; 
Prepare statements of journal vouchers and liquidation of the same and other 
adjustments related thereto; 
Post individual disbursements to the subsidiary ledger and index cards; 
Maintain individual ledgers for officials and employees of the provincial government 
pertaining payrolls and deductions; 
Record and post in index c~rds details of purchased furniture, fixtures, and equipment, 
including disposal thereof, if any; 
Account for all issued requests for obligations and maintain and keep all records and 
reports related thereto; and' 
Prepare journals and the analysis of obligations and maintain and keep all records and 
reports related thereto. 
" , 
(C) Exercise such other powers and perform such other functions and duties as may be provided by law 
or ordinances. 
Section 29. The Provincial Budget Officer, -
(A) No person shall be appointed budget officer unless he is a citizen of the Philippines, a resident of the 
province, of good moral character, a holder of a college degree preferably in accounting, economics, 
public administration, or any related course from a recognized college or university, and a first grade 
civil service eligible or its equivalent. He l.Just have acquired experience in government budgeting or in 
any related field for at least five (5) years, , 
The appointment of a provincial budget officer shall be mandatory, 
(B) The budget officer shall take charge of the budget office, and shall: 
(I) 
Prepare forms, orders, and circulars, embodying instructions on budgetary and 
appropriation matters for the signature of the governor. 
(2) 
Review and consolidate the 'budget proposals of different departments and offices of the 
province; 
(3) 
Assist the governor in the prepar!ltion 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 ~eports to the Department of Budget and Management; 
(6) 
Coordinate with the treasurer, the accountant, and the planning and deVelopment 
coordinator for the purpose of budgeting; 
(7) 
Assist the sangguniang panlalawigan in reviewing the approved budgets of component 
cities and municipalities; and 
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(8) 
Coordinate with the planning and development coordinator in the formulation of the 
provincial development plan. , 
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(C) Exercise such other powers and perform such other duties and functions as may be prescribed by 
law or ordinance. 
(D) The appropriations for personal services of the budget officer shall be provided for in full in the 
annual budget of the provincial government. 
Section 30. The Provincial Planning and Development Coordinator. -
• 
(A) No person shall be appointed planning and development coordinator unless he is a citizen of the 
Philippines, a resident of the province, of good moral character, a holder of a college degree preferably 
in urban planning, development studies, ec<lnomics, public administration, or any related course from a 
recognized college or university, and a first grade civil service eligible or its equivalent. He must have 
acquired experience in the development planning Or any related field for at least five (5) years. 
The appointment of a planning and development coordinator shall be mandatory to the provincial 
government. 
(B) The planning and development coordinator shall take charge of the planning and development 
office, and shall; 
(l) 
Formulate integrated economic, social, physical, and other development plans and 
policies for consideration ofthe I.ocal government development council; 
(2) 
Conduct continuing studies, researches, and training programs necessary to evolve plans 
and programs for implementation; 
(3) 
Integrate and coordinate all sectoral plans and studies undertaken by the different 
functional groups and agencies; 
(4) 
Monitor and evaluate the implementation of the different development programs, 
projects and activities in the province in accordance with the approved development 
plan; 
(5) 
Prepare comprehensive plans and other development planning documents for the 
consideration ofthe provincial development council; 
(6) 
Analyze the income and expenditure patterns, and formulate and recommend fiscal plans 
and policies for consideration of the finance committee of the province; 
(7) 
Promote people paIticipation in development planning within the province; and 
(8) 
Exercise supervision and control over the secretariat of the provincial development 
council. 
(C) Exercise such other powers and perform such other functions and duties as may be prescribed by 
law or ordinance. 
Section 31. The Provincial Engineer. -
(A) No person shall be appointed as provincial engineer unless he is a citizen of the Philippines, a 
resident of the province, of good moral ch'tracter, and a licensed civil engineer. He must have acquired 
experience in the practice of his 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: 
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(I) 
Initiate, review, and recommend changes in policies and objective, plans, and programs, 
techniques, procedures, and'practice in infrastructure development and public works in 
general of the province; 
(2) 
Advise the 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 investigation and survey, 
engineering designs, feasibility studies, and project management; and 
(5) 
Exercise technical supervision over all engineering offices of component cities and 
municipalities. 
(C) Exercise such other powers and perform such other functions as may be prescribed by law or 
ordinance. 
Section 32. The Provincial Health Officer. -
" 
(A) No person shall be appointed health of'ficer unless he is a citizen of the Philippines, of good moral 
character and a licensed medical practitioner. He must have acquired experience in the practice of his 
profession for at least five (5) years. 
The appointment of a provincial health officer shall be mandatory. 
(B) The provincial health officer shall take charge of the office on health services, and shall: 
(J) 
Supervise the personnel arid staff of said office, formulate program implementation 
guidelines and rules and regulations for the operation of the said office for the approval 
of the governor, in order 'to assist him in the efficient, effective, and economical 
implementation of health services program geared towards the implementation of health-
related projects and activities; 
(2) 
Formulate measures for the consideration of the sangguniang panlalawigan and provide 
technical assistance and support to the governor in carrying out activities to ensure the 
delivery of basic services and provision of adequate facilities relative to health services 
provided for under Section 17 of the Local Government Code of 1991; 
(3) 
Develop plans and strategies and, upon approval thereof by the governor, implement the 
same, paliicularly those that have to do with health programs and projects that the 
governor is empowered to implement and which the sanggunian is empowered to 
provide under the Local Governn1ent Code of 1991; 
(4) 
In addition to the foregoing duties and functions, the health officer shall: 
(a) 
Formulate and implement policies, plans, programs, and projects to promote the 
health of the people ~f the province; 
(b) 
Advise the governor and the sanggunian on matters pertaining to health; 
(c) 
Execute and enforce all laws, ordinances, and regulations relating to public 
health; 
(d) 
Recommend to the sanggunian, through the provincial health board, the passage 
of such ordinances as he may deem necessary for the preservation of public 
health; 
(e) 
Recommend the prosecution of any violation of sanitary laws, ordinances, and 
regulations; 
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(f) 
(g) 
(h) 
(i) 
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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, i'n accordance with the Sanitation Code. 
Conduct health information campaigns and render health intelligence service; 
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Coordinate with other government agencies and non-governmental organizations 
involved in the prom6tion and delivery of health services; and 
Exercise general supervision over health offices of component cities and 
municipalities. 
(5) Be in the frontline of the delivery of health services, particularly during and in the aftermath 
of man-made and natural disasters and calamities. 
(C) Exercise such other powers and perform such other functions as may be prescribed by law or 
ordinance. 
Section 33. The Provincial Civil Registrar. -
(A) No person shall be appointed civil registrar unless he is a citizen of the Philippines, of good moral 
character, a resident of the province, a holder of a college degree from a recognized college or 
university, and a first grade civil service eligible or its equivalent. I-Ie must have acquired experience in 
civil registry work for at least five (5) years. 
The appointment of a provincial civil registrar shall be mandatory. 
(B) The civil registrar shall be responsible for the civil registration program in the province, pursuant to 
the Civil Registry Law, the Civil Code, and other pertinent laws, and rules and regulations issued to 
implement them. 
The civil registrar shall take charge of the office of the civil registry, and shall: 
(1) 
Develop plans and strategies and upon approval thereof by the governor, implement 
the same, particularly those that have to do with the civil registry programs and 
projects that the governor and the sanggunian is empowered to provide under the 
Local Government Code " 
(2) 
In addition to the foregoing functions, the Civil Registrar shall: 
• 
(a) 
Accept all registrable documents and judicial decrees affecting the civil status 
of persons; 
(b) 
File, keep, and pr~serve in a secure place the books required by law; 
(c) 
Transcribe and enter immediately upon receipt all registrable documents and 
judicial decrees affecting the civil status of persons in the appropriate civil 
registry books; 
(d) 
Transmit to the Office of the Civil Registrar-General, within the prescribed 
period, duplicate copies of registered documents required by law; 
(e) 
Issue certified transcripts or copies of any certificate or registered documents 
upon payment of the prescribed fees to the treasurer; 
(f) 
Receive applicatjons for the issuance of a marriage license and, after 
determining that the requirements and supporting celiificates and publication 
thereof for the prescribed period have been complied with, issue the license 
upon payment of~he authorized fee to the treasurer; and 
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(g) 
Coordinate with .the National Statistics Office in conducting educational 
campaigns for vital registration and assist in the preparation of demographic 
and other statistics for the province. 
(C) Exercise such other powers and perform such other function and duties as may be prescribed by law 
or ordinance. 
Section 34. The Provincial Administrator. -
(A) No person shall be appointed administrator unless he is a citizen of the Philippines, a resident of the 
province, of good moral character, a holder of a college degree preferably in public administration, law, 
or any related course from a recognized college or university, and a first grade civil service eligible or 
its equivalent. He must have acquired experience in management and administration work for at least 
five (5) years. 
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The term ofthe administrator is coterminous with that of his appointing authority. 
The appointment of an administrator shall be mandatory. 
(B) The administrator shall take charge oftl)e office of the administrator, and shall: 
(1) 
Develop plans and strategies and, upon approval thereof by the governor, implement the 
same, particularly those which have to do with the management and administration-
related programs and projects which the governor is empowered to implement and which 
the sanggunian is empowercp to provide for under the Local Government Code of 1991. 
(2) 
In addition to the foregoing duties and functions, the administrator shall: 
(a) 
Assist in the coordination of the work of all the officials of the province, under 
the supervision, direction, and control of the governor, and for this purpose, he 
may convene the chiefs of offices and other officials of the province; 
(b) 
Establish and maintain a sound personnel program for the province designed to 
promote career development and uphold the merit principle in the province; and 
(c) 
Conduct a continuing organizational development of the province with the end in 
view of instituting effective administrative reforms. 
(3) 
Be in the frontline of the delivery of administrative support services, particularly those 
related to those situations during and in the aftermath of man-made and natural disasters 
and calamities; and 
(4) 
Recommend to the sanggunian and advise the governor on all other matters relative to 
the management and administration of the province 
(C) Exercise such other powers and perform such other duties and functions as may be prescribed by the 
law or ordinance. 
Section 35. The Provincial Legal Officer. -
(A) No person shall be appointed legal officer unless he is a citizen of the Philippines, a resident of the 
province, of good moral character and a member of the Philippine Bar. He must have practiced his 
profession for at least five (5) years. 
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The term of the legal officer shall be cotern;linous of that of his appointing authority. 
The appointment of a legal officer shall be Inandatory. 
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(B) The legal officer, the chief legal counsel of the province, shall take care of the office for legal 
services, and shall: 
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(I) 
Formulate measures for the consideration of the sanggunian and provide legal 
assistance and support to the governor in carrying out the delivery of the basic 
services and services of adequate facil ities as provided for under Section 17 of 
the Local Government Code of 1991; 
(2) 
Develop plans and strategies and, upon approval thereof by the governor, 
implement the same, particularly those which have to do with programs and 
projects related to h!gal services which the governor is empowered to implement 
and which the sanggunian is empowered to provide for under Local Government 
Code of 1991; 
(3) 
In addition to the foregoing duties and functions, the legal officer shall: 
(4) 
(5) 
(a) 
Represent the province in all civil actions and special proceedings 
wherein the'province or any official thereof, in his official capacity is a 
party: Provided, that, actions or proceedings where a component city or 
municipality' is a party adverse to the provincial government or to 
another component city or municipality, a special legal officer may be 
employed to represent the adverse party; 
(b) 
When required by the governor or the sanggunian, draft ordinances, 
contracts, bonds, leases, or other instruments, involving any interest of 
the province; and provide comments and recommendations on any 
instruments already drawn; 
(c) 
Render his opinion in writing on any question of law when requested to 
do by the governor or the sanggunian; 
(d) 
Investigate or cause to be investigated any provincial officer or employee 
for administrative neglect or misconduct in office and recommend 
appropriate action to the governor or sangguniang panlalawigan; 
(e) 
Investigate or cause to be investigated any person, firm, or corporation 
holding any franchise or exercising any public privilege for failure to 
comply witli. any term or condition in the grant of such franchise or 
privilege and recommend appropriate action to the governor or the 
sanggunian; 
(f) 
When directed by the governor or 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 
(g) 
Review and submit recommendations on ordinances approved and 
executive orders issued by component municipalities. 
Recommend measures to the sangguniang panlalawigan and advise the governor 
on all otper matters ,elated to the upholding of the rule of law; and 
Be in the front line of protecting human rights and prosecuting any violations 
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 any ordinance. 
' 
Section 36. The Provincial Agriculturist.-, 
(A) No person shall be appointed agriculturist unless he is a citizen of the Philippines, a resident of the 
province, of good moral character, a holder 'of a college degree in agriculture or any related course fr.6m 
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a recognized college or university, and a first grade civil service eligible or its equivalent. He must have 
acquired experience in a related field for at least five (5) years. 
The appointment of a provincial agriculturist shall be mandatory. 
(B) The agriculturist shall take charge of the office for agricultural services, and shall: 
(I) 
Formulate measures for' the' approval of the sanggunian and provide technical 
assistance and support to the governor in carrying out said measures to ensure the 
delivery of basic services as provided for under Section 17 of the Local Government 
Code of 1991; 
(2) 
Develop plans and strategies and, upon approval thereof by the governor, implement 
the same, particularly those which have to do with agricultural programs and projects 
which the governor is empowered to implement and which the sanggunian is 
empowered to provide under the Local Government Code of 1991; 
(3) 
In addition to the foregoing duties and functions, the agriculturist shall: 
(a) 
Ensure that maximum assistance and access to resources in the production, 
processing, and marketing of agricultural and aqua-cultural and marine 
products are extended to farmers, fishermen, and local entrepreneurs; 
(b) 
Conduct or cause to be conducted location-specific agricultural researches and 
assist in making.,available the appropriate technology arising out of and 
disseminating inf@rmation on basic research on crops, prevention and control 
of plant diseases apd pests, and other agricultural matters which will maximize 
productivity; 
(c) 
Assist the governor in the establishment and extension services of 
demonstration farl!'s or aqua-culture and marine products; 
(d) 
Enforce rules and. regulations relating to agriculture and aquaculture; and 
(e) 
Coordinate with government agencies and non-government organizations that 
promote agricultural productivity through appropriate technology compatible 
with environmendl integrity. 
(4) 
Be in the frontline in the delivery of basic agricultural services, particularly those 
needed for survival of the inhabitants during and in the aftermath of man-made and 
natural disasters and calamities; and 
(5) 
Recommend to the sanggunian and advise the governor on all matters related to 
agriculture and aquaculture that will improve the livelihood and living conditions of 
the inhabitants. 
. 
(C) Exercise such other powers and perform such other duties and functions as may be prescribed by 
law or any ordinance. 
Section 37. The Provincial Social Welfare and Development Officer. -
(A) No person shall be appointed social welfare and development officer unless he is a citizen of the 
Philippines, a resident of the province, of good moral character, a holder of a college degree in 
agriculture or any related course from a recognized college or university, and a first grade civil service 
eligible or its equivalent. He must have acquired experience in a related field for at least five (5) years. 
The appointment of a provincial social development officer shall be mandatory. 
, 
(B) The social welfare and development officer shall take charge of the office on social welfare and 
development services, and shall: 
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(I) 
Formulate measures for the approval of the sanggunian and provide technical 
assistance and sup[Jort to the governor in carrying out measures to ensure the 
delivery of basic services and provision of adequate facilities relative to social 
welfare and development services as provided under Section 17 of the Local 
Government Code 0 f 1 991 ; 
(2) 
Develop plans and, strategies and, upon approval thereof by the governor, 
implement the same particularly those which have to do with social welfare 
programs and projects which the governor is empowered to implement and 
which the sanggunvan is empowered to provide under the Local Government 
Code of 1991; 
; 
(3) 
In addition to the foregoing duties, the provincial social welfare and 
(4) 
(5) 
development officer shall: 
(a) 
Identify the basic needs of the needy, the disadvantaged and the 
impoverished and develop and implement appropriate measures to 
alleviate their problems and improve their living conditions; 
(b) 
Provide relief and appropriate crisis intervention for victims of abuse and 
exploitation ,and recommend appropriate measures to deter further abuse 
and exploitation; 
(c) 
Assist the governor in implementing the barangay level program for the 
total development and protection of children up to six (6) years of age; 
(d) 
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; 
(e) 
Initiate and support welfare programs that will enhance the role of the 
youth in nation building; and 
(f) 
Coordinate 
with 
government 
agencies 
and 
non-governmental 
organizations that have for their purpose the promotion and protection of 
all the needy, disadvantaged, underprivileged and impoverished groups 
or individuals, particularly those identified to be vulnerable and high-risk 
to exploitation, abuse and neglect; 
Be in the frontline, of service delivery, particularly those that have to do with 
immediate relief dLjring and assistance in the aftermath of man-made and natural 
disasters and calamities; and 
Recommend to the'sanggunian and advise the governor on all matters related to 
social welfare and development service which will improve the livelihood and 
living conditions of the inhabitants 
(C) Exercise such other powers and perform such other functions and duties as may be prescribed by 
law or ordinance. 
Section 38. The Provincial Environment, and Natural Resources Officer. -
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(A) No person shall be appointed provincial environment and natural resources officer unless he is a 
citizen of the Philippines, a resident of the province, of good moral character, a holder of 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 must have acquired experience in 
environmental and natural resources management, protection, conservation and utilization for at least 
five (5) years. 
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The appointment of a provincial environment and natural resources officer shall be mandatory. 
(B) The provincial environment and natural resources omcer shall take charge of the office of the 
environment and natural resources, and shall: 
(I) 
Formulate measures for the consideration of the sanggunian and provide 
technical assistance and support (0 the governor in carrying out measures to 
ensure the delivery of basic services and provision of adequate facilities relative 
to environment and natural resources services as provided for under Section 17 
of the Local Government Code of 1991 ; 
(2) 
Develop plans and strategies and, upon approval thereof by the governor, 
implement the same, particularly those that have to do with environment and 
natural resources programs and projects which the governor is empowered to 
imp lement and which the sanggunian is empowered to provide under the Local 
Government Code of 1991; 
(3) 
In addition to the f9regoing duties and functions, the environment and natural 
resources officer sh:illl: 
(a) 
Ensure the' maximum assistance and access to resources in the 
production, 'processing and marketing of agricultural and aqua-cultural 
and marine products are extended to farmers, 
fishermen and 
entrepreneu~s; 
(b) 
Establish, maintain, protect and preserve communal forests, watersheds, 
tree parks, rl1angroves, greenbelts, commercial forests, and other similar 
forest projects like industrial tree farms and agro-forestry projects; 
(c) 
Provide extension services to beneficiaries of forest development 
projects and technical, financial and infrastructural assistance; 
(d) 
Manage and maintain seed banks and produce seedlings for forests and 
tree parks; 
(e) 
Provide extension services to beneficiaries of forest development 
projects and render assistance for natural resources-related conservation 
and utilization activities consistent with ecological balance; 
(t) 
Promote small-scale mining and utilization of mineral resources, 
particularly'minillg gold; and 
(g) 
Coordinate 
with 
government 
agencies 
and 
non-governmental 
organizations in the implementation of measures to prevent and control 
land, air, and water pollution with the assistance of the Department of 
Environment and Natural Resources. 
(4) 
Be 
in 
the 
frontline 
of the 
delivery of basic 
services 
concerning 
environment 
and 
natural 
resources, 
particularly 
in 
the 
renewal 
and 
rehabilitation of the environment during and in the aftermath of 
man-made 
and natural disasters and calamities; and 
, 
(5) 
Recommend to the sanggunian and advise the governor on all matters related to 
the protection, conservation, maximum utilization, application of appropriate 
technology, and other matters related to environment and natural resources. 
(C) Exercise such others powers and perform such other functions and duties as may be prescribed by 
law or ordinance. 
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Section 39. The Provincial Veterinarian. -
(A) No person shall be appointed provine'ial veterinarian unless he is a citizen of the Philippines, a 
resident of the province, of good moral character, a licensed doctor of veterinary medicine, and a first 
grade civil service eligible or its equivalent. He must have practiced his profession for at least five (5) 
years. 
The appointment of a provincial veterinariaA shall be mandatory. 
(B) The provincial veterinarian shall take charge of the office of the veterinary services, and shall: 
(1) 
Formulate measures for the consideration of the sanggunian and provide 
technical assistance and support to the governor in carrying out measures to 
ensure the delivery of basic services and provision of adequate facilities pursuant 
to Section 17 of the ~ocal Government Code of 1991; 
(2) 
Develop plans and' strategies and, upon approval thereof by the governor, 
implement the same, particularly those that have to do with veterinary-related 
activities which the governor is empowered to implement and which the 
sanggunian is empowered to provide under the Local Government Code of 1991; 
(3) 
n addition to the foregoing duties and functions, the environment and natural 
resources officer shall: 
(a) 
Advise the governor on all matters pertaining to the slaughter of animals 
for human consumption and regulation of slaughter houses; 
(b) 
Regulate the keeping of domestic animals; 
, 
(c) 
Regulate and inspect poultry, milk, and dairy products for public 
consumption; 
(d) 
Enforce all laws and regulations for the prevention of cruelty to animals; 
and 
(e) 
Take the necessary measures to eradicate, prevent, or cure all forms of 
animal dise8'ses. 
• 
(4) 
Be in the frontline 'of veterinary-related activities, such as in the outbreak of 
highly contagious and deadly diseases and in the situations resulting in the 
depletion of animals for work and human consumption, particularly those arising 
from and in the aftermath of man-made and natural disasters and calamities; and 
(5) 
Recommend to the sanggunian and advise the governor on all matters related to 
veterinary services" that will increase the number and improve the quality of 
livestock, poultry,' and other domestic animals used for work or human 
consumption. 
' 
(C) Exercise such others powers and perform such other functions and duties as may be prescribed by 
law or ordinance. 
Section 40. The Provincial General Services Officer. -
(A) No person shall he appointed general services officer unless he is a citizen of the Philippines, a 
resident of the province, of good moral character, a holder of college degree preferably in public 
administration, business administration, management, or any related course from a recognized college or 
ulliversity, and a first grade civil service eligible or its equivalent. He must have acquired experience in 
general services, including management of supply, property, solid waste disposal, and general sanitation 
for at least five (5) years. 
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The appoi'ntment 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: 
(I) 
Formulate measures for the consideration of the sanggunian and provide 
technical assistance, and support to the governor in carrying out measures to 
ensure the delivery of basic services and provision of adequate facilities pursuant 
to Section 17 of the Local Government Code of 1991, and those that require 
general services expertise and technical support services; 
(2) 
Develop plans and strategies and, upon approval thereof by the governor, 
implement the same, particularly those that have to do with general services 
supportive to the we,lfare of the inhabitants which the governor is empowered to 
implement and whil'h the sanggunian is empowered to provide under the Local 
Government Code of 1991 ; 
(3) 
In addition to the foregoing duties and functions, the general services officer 
shall: 
(a) 
Take custody of and be accountable for all properties, real and personal, 
owned by the provincial government and those granted to him in the 
form of doniltion, reparation, assistance and counterpart of joint projects; 
(b) 
With the approval of the governor, assign building or land space to 
provincial officials or other public officials, who by law are entitled to 
such space; 
(c) 
Recommend to the governor reasonable rental rates for local 
government properties whether real or personal which will be leased to 
public or private entities by the provincial government; 
(e) 
Recommend to the governor the reasonable rental rates of private 
properties tliat may be leased for the official use of the provincial 
government;' 
(e) 
Maintain and supervise janitorial, security, landscaping, and other related 
services in all local government public buildings and other real property, 
whether owned or leased by the provincial government; 
(f) 
Collate and disseminate information regarding prices, shipping, and 
other costs qf supplies and other items commonly used by the provincial 
government; 
(g) 
Perform archival and record management with respect to records of 
offices and departments of the province; and 
(h) 
Perform all' other functions pertaining to supply and property 
management heretofore performed by the local government's treasurer, 
and enforces 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 structure 
and the orderly and sanitary clearing up of waste materials or debris particularly 
those arising from wnd in the aftermath of man-made and natural disasters and 
calamities; and 
(5) 
Recommend to the sanggunian and advise the governor on all matters related to 
general services. 
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(C) Exercise such others powers and perform such other functions and duties as may be prescribed by 
law or ordinance. 
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Section 41. The Provincial Cooperatives Officer. -
(A) No person shall be appointed provincial cooperatives officer unless he is a citizen of the Philippines, 
a resident of the province, of good moral character, a holder of college degree preferably in business 
ac\ministration course with special training on cooperatives or any related course from a recognized 
college or university, and a first grade civil ,service eligible or its equivalent. He must have experience 
in cooperatives organization and managemept for at least five (5) years. 
The appointment of a provincial cooperatives officer shall be mandatory. 
(B) The cooperatives officer shall take charge of the office for the development of cooperatives, and 
shall: 
(1) 
(2) 
(3) 
Formulate measures for the consideration of the sanggunian and provide 
technical assistance. and support to the governor in carrying out measures to 
ensure the delivery of basic services and provision of adequate facilities through 
the development of cooperatives, and in providing access to such services and 
facilities; 
Develop plans and strategies and, upon approval thereof by the governor, 
, 
implement the same, particularly those that have to do with integration of 
cooperatives principles and methods in programs where the governor is 
empowered to implement and which the sanggunian is empowered to provide 
under the Local Government Code of 1991 ; 
In addition to the foregoing duties and functions, the cooperatives officer shall: 
(a) 
(b) 
Assist in the''organization of cooperatives; 
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Provide technical and other forms of assistance to existing cooperatives 
to enhance' their viability as an economic enterprise and social 
organization; and 
(c) 
Assist cooperatives in establishing linkages with government agencies 
and non-governmental organizations involved in the promotion and 
integration Of the concept of cooperatives in the livelihood of the people 
and other community activities. 
(4) 
Be in the frontline'j of cooperatives organization, rehabilitation, or viability 
enhancement, particularly during and those arising from and in the aftermath of 
man-made and natural disasters and calamities, to aid in their survival and, if 
necessary, subsequent rehabilitation; and 
(5) 
Recommend to the sanggunian and advise the governor on all matters relative to 
cooperatives development and viability enhancement which will improve the 
livelihood and quality oflife of the inhabitants. 
(C) Exercise such others powers and perform such other functions and duties as may be prescribed by 
law or ordinance. 
Section 42. The Provincial Architect. -
(A) No person shall be appointed provincial architect unless he is a citizen of the Philippines, a resident 
of the province, of good moral character, and a duly licensed architect. He must have practiced his 
profession, for at least five (5) years. 
The appointment of a provincial architect shall be mandatory. 
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(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 governor in carrying out measures to 
ensure the delivery of basic services and provision of adequate facilities relative 
to architectural plaf!ning and design as provided for under Section 17 of the 
Local Government Code of 1991; 
(2) 
Develop plans and' strategies and, upon approval thereof by the governor, 
implement the same, particularly those that have to do with architectural 
planning and design programs and projects which the governor is empowered to 
implement and whioh the sanggunian is empowered to provide under the Local 
Government Code of 1991; 
(3) 
In addition to the fotegoing duties and functions, the provincial architect shall: 
(a) 
Prepare anci; recommend for consideration to the sanggunian the 
architectural plan and design for the province or part thereof, including 
the renewal of slums and blighted areas, land reclamation activities, the 
greening of land, and appropriate planning of marine and foreshore 
areas; 
(b) 
Review and recommend for appropriate action of the sanggunian and the 
governor, the architectural design and plan submitted by governmental or 
non-governmental entities or individuals, particularly those for the 
undeveloped; underdeveloped and poorly-designed areas; and 
(c) 
Coordinate ,:"ith government agencies and non-governmental 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 those arising 
from and in the aftermath of man-made and natural disasters and calamities; and 
(5) . 
Recommend to the sanggunian and advise the governor on all matters related to 
the architectural planning and design as it relates to the total socio-economic 
development of the province. 
(C) Exercise such others powers and perform such other functions and duties as may be prescribed by 
law or ordinance. 
Section 43. The Provincial Population Officer. -
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(A) No person shall be appointed provincial cooperatives officer unless he is a citizen of the Philippines, 
a resident of the province, of good moral <;haracter, a holder of college degree preferably in business 
administration course with special training on cooperatives or any related course from a recognized 
college or university, and a first grade civil service eligible or its equivalent. He 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 population officer shall take charge of the office on population development, and shall: 
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(1) 
Formulate measures for the consideration of the sanggunian and provide 
technical assistance and support to the governor in carrying out measures to 
ensure the delivery of basic services and provision of adequate facilities relative 
to the integration of the population development principles and in providing 
access to said services and facilities; 
(2) 
Develop plans· and, strategies and, upon approval thereof by the governor, 
implement the same, particularly those which have to do with the integration of 
population development principles and methods in programs and projects which 
the governor is empowered to implement and which the sanggunian is 
empowered to provide under the Local Government Code of 1991; 
(3) 
In addition to the foregoing duties and functions, the population officer shall: 
(a) 
Assist the governor in the implementation of the constitutional 
provisions relative to population development and the promotion of 
responsible parenthood; 
(b) 
Establish and maintain an updated data bank for program operations, 
development planning and an educational program to ensure the people's 
participatioli in and understanding of population development; and 
(c) 
Implement appropriate training programs responsive to the cultural 
heritage of the inhabitants. 
" 
(C) Exercise such other powers and perfOl'm such other duties and functions as may be prescribed by 
law or ordinance. 
Section 44. The Provincial Information Officer. -
(A) No person shall be appointed provincia) informations officer unless he is a citizen of the Philippines, 
a resident of the province, of good moral character, a holder of college degree preferably in journalism, 
mass communications, or any related course from a recognized college or university, and a first grade 
civil service eligible or its equivalent. He must have experience in writing articles and research papers, 
or in writing for print, television, or broadcast media for at least five (3) years. 
I 
The appointment of a provincial information officer shall be optional. 
(B) The information officer shall take charge of the office on public information, and shall: 
(1) 
Formulate measures for the consideration of the sanggunian and provide 
technical assistance and support to the governor in providing the information and 
research data required for the delivery of basic services and provision of 
adequate facilities so that the public becomes aware of said service and may 
fully avail of the same; 
(2) 
Develop plans and strategies and, upon approval thereof by the governor, 
implement the same, particularly those which have to do with public information 
and research data to support programs and projects which the governor is 
empowered to implement and which the sanggunian is empowered to provide 
under the Local Government Code of 1991; 
(3) 
In addition to the foregoing duties and functions, the information officer shall: 
(a) 
Provide relevant, adequate, and timely information to the provincial 
government and its residents; 
(b) 
Maintain eifective 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; 
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(c) 
Assist the governor in the establishment, maintenance, and promotion of 
local area tolirism programs and projects; and 
(d) 
Furnish information and data on the province to government agencies or 
offices as may be required by law or ordinance and non-governmental 
organization to be furnished to said agencies and organizations. 
(4) 
Be in the frontline in providing information during and in the aftermath of man-
made and natural disasters and calamities, with special attention to the victims 
thereof, to help minilnize injuries and casualties during and after emergency, and 
accelerate relief and'rehabilitation; and 
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(5) 
Recommend to the sanggunian and advise the governor on all other matters 
relative to public information and research data as it relates to total 
socioeconomic development of the province. 
(C) Exercise such other powers and perform such other duties and functions as may be prescribed by 
law or ordinance. 
ARTICLE VIII 
THE PROVINCIAL FIRE STATION, THE PROVINCIAL JAIL, 
THE PROVINCIAL SCHOOL DIVISION AND 
THE PROVINCIAL PROSECUTION SERVICE 
Section 45. The Provincial Fire Station Service. -
(A) There shall be established in the province at least five (5) fire stations with adequate personnel, fire 
fighting facilities, and equipment, by the Department of the Interior and Local Government (D1LG), 
within two (2) months upon the commencement of the corporate existence of the new province.The 
provincial government shall provide the neo.essary land or site of the provincial fire stations. 
(B) The provincial fire station service shall be headed by a provincial fire marshall whose qualifications 
shall be as those provided for under Republic Act No. 6975, otherwise known as the Philippine National 
Police Law. 
(C) The provincial fire stations shall be responsible for the protection and various emergency services 
such as rescue and evacuation of injured pepple at fire-related incidents and, in general, fire prevention, 
and suppression measures to secure the saf,ty of life and property of the citizenry. 
Section 46. The Provincial Jail Service. -' 
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(A) There shall be established and maintained in the province, within two (2) months from the 
commencement of the corporate existence of the province, by the Department of Interior and Local 
Government 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 
andlor transfer to the national penitentiarY"and/or violent mentally ill person who endangers himself or 
the safety of others, duly certified as such by the proper medical health officer, pending the transfer to a 
mental institution. 
(B) The provincial jail service shall be headed by a provincial jail warden who must be a graduate of 
four (4)- year course in psychology, psychiatry, sociology, nursing, social work, or criminology who 
shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be 
exercised so that human rights of these prisoners are respected and protected, and their spiritual and 
physical well- being is properly and promptly attended to. 
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Section 47. The Provincial School Division. -
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(A) The Department of Education, Culture and Sports shall, within two (2) months from the 
commencement of the corporate existence of the province herein created, establish and maintain a 
separate school division in the province whose jurisdiction shall cover the municipalities under the lone 
legislative. district ofthe province. 
(8) The provincial school division shall be headed by a division superintendent who must possess the 
necessary qualifications required by the Department of Education, Culture and Sports. 
Section 48. The Provincial Prosecutiou Service. -
(A) There shall be established and maintain a prosecution service by the Department of Justice, within 
two (2) months from the commencement of the corporate existence of the province herein created, 
which shall be headed by a provincial prosecutor and such number of assistant prosecutors as may be 
necessary, who shall be organizationally part of the Department of Justice, and under the supervision of 
the Secretary of the Department of Justice, and whose qualifications, manner of appointment, rank, 
salary, and benefits shall be governed by existing laws covering prosecutors in the Department of 
Justice. 
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(8) The provincial prosecutor shall handle ,the criminal prosecution in the municipal trial courts in the 
province as well as in the regional trial courts for criminal cases originating in the territory of the 
province, and shall render to and for th~ province such other services as are required by law or 
regulation of the Department of Justice. 
ARTICLE IX 
TRANSITOR·Y AND FINAL PROVISIONS 
Section 49. Plebiscite. - The Province of D'avao Occidental shall be created, as provided for in this Act, 
upon approval by a majority of the votes cast by the voters of the affected areas in the plebiscite to be 
conducted and supervised by the Commission on Elections within sixty (60) days from the date of 
effectivity of this Act. 
The amount necessary for the conduct of the plebiscite shall be charged (0 the appropriation of the 
Province of Davao del Sur, with augmentation fund from the Commission of Elections, the National 
Treasury, and concerned local government ~nits. 
Section 50. Commencement of Corporate Existence. - The Province of Davao Occidental shall 
commence its corporate existence upon the election and qualification of the governor, vice governor, 
and majority of the members of the sangguniangpanlalawigan. 
Section 51. Officials of the Province of Davao Occidental. -
(A) All elective and non-elective provincial and local government officials and employees of the present 
Province of Davao del Sur 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 Section 9 of this Act. 
(8) The two (2) incumbent Congressional Representatives of the present Province of Davao del Sur 
shall continue to represent the two (2) existing legislative districts of the province until the expiration of 
their term of office. 
' 
Section 52. Organization of the Provincial Government. - All provincial appointive positions in the 
Province of Davao Occidental shall be filled within sixty (60) days pursuant to Section 9 of this Act. 
This shall be done without prejudice to the officials and employees of the present Province ofDavao del 
Sur, who may wish to serve in the Province of Davao Occidental. 
" 
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Upon the effectivity of this Act, there shall be reorganization in the employment of employees 
employed at the Provincial Capitol and all qther provincial and municipal government offices in light of 
the separation. Redundant positions therefore that may exist after the separation shall be removed 
through Retrenchment. 
Section 53. Suspeusion of Increase iu Rates of Local Taxes. - No increase in the rates of local taxes 
shall be imposed by the province within the period of five (5) years from its acquisition of corporate 
j 
existence. Notwithstanding any existing law or ordinance to the contrary, real property tax in the locality 
shall not be increased within five (5) years upon its creation into a new province. 
Section 54. Present Provincial Properties. - Upon the effectivity of this Act, ownership of real 
properties and infrastructure projects of each local government units situated in the present Province of 
Davao Del Sur, shall belong to the province where it is situated. 
Section 55. Applicability of Laws. - The provisions of Republic Act No. 7160 otherwise known as the 
Local Government Code of 1991, and othet; laws as are applicable to provinces shall govern the herein 
created province insofar as they are not inconsistent with the provisions ofthis Act. 
Section 56. Separability Clause.- If any part of this Act is declared invalid or unconstitutional, the 
other pmts or provisions hereof shall remain valid and effecti ve. 
Section 57. Effectivity.- This Act shall take effect fifteen (15) days upon publication in at least two (2) 
newspapers of general circulation and local circulation. 
Approved, 
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