EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
S. No.
SENATE
1714
fit-' f1>
.iv •■••• r,'vr
20 JIJL22 P2:4l
Introduced by SENATOR CYNTHIA A. VILUVR
AN ACT
DIVIDING THE PROVINCE OF MAGUINDANAO INTO TWO (2) PROVINCES, 
NAMELY: NORTHERN MAGUINDANAO AND SOUTHERN MAGUINDANAO
EXPLANATORY NOTE
This bill seeks to divide the Province of Maguindanao into two (2) provinces, 
namely: The Province of Maguindanao and the Province of Southern Maguindanao. 
This is in response to the call and will of the people of Maguindanao, attuned to the 
changing times and reflective of the aspirations of the people of Maguindanao.
In 2006, the constituents of Maguindanao ratified in a plebiscite by an 
affirmative vote of 285,372 the creation of the Province of Sheriff Kabunsuan by 
ARMM Regional Assembly through Muslim Mindanao Act (MMA) No. 201 pursuant to 
Republic Act (RA) No. 9054 or the Act Amending RA No. 6734 entitled "An Act 
Providing for the Autonomous Region in Muslim Mindanao). However, in 2008, in 
the case of Serna v. Cometed, the Supreme Court declared as unconstitutional 
Section 19, Article VI of RA 9054 which grants to the ARMM Regional Assembly the 
power to create provinces and thus, MMA No. 201 creating the Province of Sheriff 
Kabunsuan was likewise declared void.
1G. R. No.177597 July 16,2008


Despite the presence of such SC decision, the damor of the peopie of 
Maguindanao to create another separate province remains as shown by the 
resoiutions of the 13 Municipaiities seeking to create a separate province. The said 
resoiutions were further endorsed by the Sangguniang Paniaiawigan, and 
unanimousiy supported by the Municipai Mayors of the Second District of 
Maguindanao.
The proposed Province of Northern Maguindanao shaii be composed of the 
foliowing twelve (12) municipalities, namely: Barira, Buldon, Datu Blah Sinsuat, Datu 
Odin Sinsuat, Kabuntalan, Matanog, Northern Kabuntalan, Parang, North Dpi, Sultan 
Kudarat, Sultan Mastura, and Talitay. On the other hand, the proposed Province of 
Southern Maguindanao shall be composed of the following twenty-four (24) 
municipalities, namely: Ampatuan, Buluan, Datu Abdulla Sangki; Datu Anggal 
Midtimbang; Datu Hoffer Ampatuan; Datu Montawal; Datu Paglas; Datu Piang; Datu 
Salibo; Datu Saudi Ampatuan; Datu Unsay; Gen. Salipada K. Pendatum; 
Guindulungan; Mamasapano; Mangudadatu; Pagalungan; Paglat; Pandag; Rajah 
Buayan; Sharif Aguak; Shariff Saydona Mustafa; Sultan sa Barongis; Talayan; and 
South Upi.
The undersigned filed this bill upon the request of Maguindanao Governor Bai 
Mariam Sangki-Mangudadatu. The bill is a counterpart measure of HB No. 6413, the 
consolidated version of the bills in the House of Representatives principally authored 
by Representative Datu Roonie Q. Sinsuat Sr of the First District of Maguindanao and 
by Representative Esmael "Toto" G. Mangudadatu of the Second District of 
Maguindanao.
I recommend the approval of the bill.
CYNTHIA A. VILLAR
\


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
S. No.
SENATE
1714
•* . <1 
» -X ••• 
*
vv.;:.."' 'jMf'r »/■ 
■ 'r
20 JUl 22
Introduced by SENATOR CYNTHIA A. VILLAR
AN ACT
DIVIDING THE PROVINCE OF MAGUINDANAO INTO TWO (2) PROVINCES, 
NAMELY: NORTHERN MAGUINDANAO AND SOUTHERN MAGUINDANAO
Be it enacted by the Senate and House of Representatives of the Phiiippine in 
Congress Assembied:
ARTICLE I
GENERAL PROVISIONS
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Section 1. Tide. - This Act shall be known as the "Charter of the Provinces of
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Northern Maguindanao and Southern Maguindanao".
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Sec. 2. Division of the Province of Maguindanao. - The Province of
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Maguindanao is hereby divided into two (2) distinct and independent provinces to be
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known as Northern Maguindanao and Southern Maguindanao.
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Sec. 3. Composition. - The provinces of Northern Maguindanao and Southern
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Maguindanao shall be composed of the following municipalities:
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a. Province of Northern Maguindanao
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1. Barira;
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2. Buldon;
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3. Datu Blah Sinsuat;
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a. Provii
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22. Sultan sa Barongis;
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23. Talayan; and
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24. South Upi
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Sec. 4. TerritorialJurisdictlon. - The territorial jurisdiction of the provinces of
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the provinces of Northern Maguindanao and Southern Maguindanao shall be within
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the present metes and bounds of all the municipalities that comprise the respective
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provinces.
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The foregoing provision shall be without prejudice to the resolution by the
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appropriate agency or forum of existing boundary disputes or cases involving
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questions of territorial jurisdiction between the new province and adjoining local
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government units: Provided, That the territorial boundaries of the disputed area or
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areas shall remain with the local government unit, which has existing administrative
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supervision over said area or areas until final resolution of the case.
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Sec. 5. Capital Towns and Seats of Government - The capital towns and
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seats of government of the provinces of Northern Maguindanao and Southern
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Maguindanao shall be the municipalities of Datu Odin Sinsuat and Buluan,
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respectively.
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Sec. 6. Corporate Powers of the Provinces. - Each province constitutes a
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political body corporate and as such is endowed with the attributes of perpetual
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succession and possessed of the powers which pertain to a provincial corporation to
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be exercised in conformity with the provision of this Charter, and Republic Act No.
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7160, as amended, otherwise known as the Local Government Code of 1991. Each
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province shall have the following corporate powers:
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a. To exercise continuous succession in its corporate name;
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b. To sue and be sued;
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c. To use a corporate seal;
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d. To acquire and convey real or personal property;
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e. To enter into contracts; and
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f. To exercise such other powers granted to corporations, subject to the


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limitations provided under the Local Government Code of 1991, as
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amended, and other laws.
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Sec. 7. General Powers. - Each province shall have a common seal and may
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alter the same at its pleasure: Provided, That any change of corporate seal shall be
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registered with the Department of the Interior and Local Government (DILG). Each
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province shall have the power to create its sources of revenue and to levy taxes,
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fees and charges; to close and open roads, streets, alleys, parks, or squares; to
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take, purchase, receive, hold, lease, convey and dispose of real and personal
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property for the general interests of the province; to expropriate or condemn private
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property for public use; to contract and to be contracted with; to sue and be sued;
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to prosecute and defend to final judgment and execution suits wherein the province
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is involved or Interested In and to exercise all the powers as are granted to
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corporations or as hereinafter granted, subject to the provisions of the Local
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Government Code of 1991, as amended.
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Sec. 8. Liability for Damages. - Each province and its officials shall not be
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exempt from liability for death or Injury to persons or damage to property.
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Sec. 9. Legislative District. - Each province shall have its own legislative
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district comprising of the municipalities enumerated under Section 3 of this Charter,
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which shall take effect upon the election and qualification of its representative to be
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held on the Second Monday of May 2022.
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For the purpose of this section, the City of Cotabato shall be a part of the
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Lone Legislative District of the Province of Northern Maguindanao.
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The incumbent Representatives of the present Province of Maguindanao shall 
continue to represent their respective legislative districts until the expiration of their 
terms of office.
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ARTICLE II
PROVINCIAL OFFICIALS IN GENERAL
Sec. 10. Officials of the Provincial Government-


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a. In each of the provinces of Northern Maguindanao and Southern
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Maguindanao, there shaii be a provincial governor, a provincial vice
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governor, the regular members of the sanggunlang panlalawigan, a
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secretary to the sangguniang panlalawigan, a provincial treasurer, a
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provincial assessor, a provincial accountant, a provincial budget officer, a
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provincial planning and development coordinator, a provincial engineer,
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a provincial health officer, a provincial administrator, a provincial legal
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officer, a provincial agriculturist, 
a provincial 
social welfare 
and
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development officer, a provincial veterinarian and a provincial general
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services officer.
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b. In addition thereto, the provincial governor may appoint a provincial
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architect, a provincial population officer, a provincial environment and
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natural resources officer, a provincial cooperatives officer and a
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provincial information officer.
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c. The sangguniang panlalawigan may:
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1. Maintain existing offices mentioned 
in subsections 
(a) and (b)
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hereof;
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2. Create such other offices as may be necessary to carry out the
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purposes of the provincial government; or
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3. Consolidate the functions of any office with those of another in the
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interest of efficiency, economy, and public welfare;
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Unless otherwise provided herein or under the Local Government Code of
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1991, as amended, the heads of departments and offices shall be appointed by the
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provincial governor with the concurrence of a majority of all the sangguniang
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panlalawigan members, subject to civil service law, rules and regulations. The
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sangguniang panlalawigan shall act on the appointments within fifteen (15) days
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from the day of submission; otherwise, the same shall be deemed confirmed.
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Sec. 11. Residence and Office. - The official residence and office of the
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provincial governor, during the latter's incumbency, shall be in the capital of the
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province. All elective and appointive provincial officials shall hold office in the
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provincial capital: ProvidedfJhdX., upon the resolution of 
the sangguniang
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panlalawigan, elective and appointive provincial officials may hold office in any
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component city or municipality within the province for a period of not more than
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seven (7) days for any given month.
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Elective and appointive provincial officials shall receive such compensation,
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allowances and other emoluments as may be determined by law or ordinance,
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subject to the budgetary limitations on personal services prescribed under Section
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325 of the Local Government Code of 1991, as amended:/?/'Ov/y,e4 That, no
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increase in compensation shail take effect until after the expiration of the full term of
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all the elective officials approving such increase.
ARTICLE III
ELECTIVE PROVINCIAL OFFICIALS
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Sec. 12. Vie Provincial Governor. -
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a. The provincial governor, as the chief executive of the provincial
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government, shall exercise such powers and perform such duties and
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functions as provided under the Local Government Code of 1991, as
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amended, and other laws.
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b. For efficient, effective and economical governance, the purpose of which
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is the general welfare of the province and its inhabitants pursuant to
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Section 16 of the Local Government Code of 1991, as amended, the
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provincial governor shall:
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1. Exercise general supervision and control over all programs, projects,
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services and activities of the provincial government and, in this
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connection, shall:
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i. Determine the guidelines of provincial policies and be responsible
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to the sangguniang panlalawigan for the program of government;
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ii. Direct the formulation of the provincial development plan, with
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the assistance of the provincial development council, and upon


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approval thereof by the sangguniang panlalawigan, implement the 
same;
iii. Present the program of government and propose policies and 
projects for the consideration of the sangguniang panlalawigan at 
the opening of the regular session of the sangguniang 
panlalawigan every calendar year and as often as may be deemed 
necessary as the general welfare of the inhabitants and the needs 
of the provincial government may require;
Iv. Initiate and propose legislative measures to the sangguniang 
panlalawigan and, as often as may be deemed necessary, provide 
such information and data needed or requested In the 
performance of its legislative functions;
V. Appoint all officials and employees whose salaries and wages are 
wholly or mainly paid out of provincial funds and whose 
appointments are not otherwise provided for in this Act, as well as 
those that the provincial governor may be authorized by law to 
appoint;
vi. 
Represent the province in all its business transactions and sign in 
its behalf all bonds, contracts and obligations, and such other 
documents upon the authority of the sangguniang panlalawigan 
or pursuant to law or ordinance;
vii. 
Carry out such emergency measures as may be necessary during 
and in the aftermath of man-made and natural disasters and 
calamities;
viil. Determine the time, manner and place of payment of salaries or 
wages of the provincial officials and employees, in accordance 
with law or ordinance;
ix. Allocate and assign office space to the provincial and other 
officials and employees who, by law or ordinance, are entitled to


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such space in the provincial capital and other buildings owned or 
leased by the provincial government;
X. Ensure that all executive officials and employees of the province 
faithfully discharge their duties and functions as provided for by 
law and the Local Government Code of 1991, as amended, and 
cause to be instituted administrative or judicial proceedings 
against any official or employee of the province who may have 
committed an offense In the performance of official duties;
xi. 
Examine the books, records and other documents of all offices, 
officials, agents or employees of the province and, in aid of 
executive powers and authority, require all national officials and 
employees stationed in the province to make available such 
books, records and other documents in their custody, except 
those classified by law as confidential;
xii. 
Furnish copies of executive orders issued by the governor to the 
Office of the President within seventy-two (72) hours after their 
issuance;
xiii. 
Visit component cities and municipalities of the province at least 
once every six (6) months to deepen the governor's 
understanding of problems and conditions, listen and give 
appropriate counsel to local officials and inhabitants, inform the 
officials and inhabitants of component cities and municipalities of 
general laws and ordinances which especially concern them, and 
otherwise conduct visits and Inspections to ensure that the 
governance of the province will improve the quality of life of the 
inhabitants;
xiv. 
Act on leave applications of officials and employees and the 
commutation of the monetary value of their leave credits in 
accordance with law;


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XV. Authorize official trips of provincial officials and employees outside 
of the province for a period not exceeding thirty (30) days;
xvi. 
Call upon any national official or employee stationed in or 
assigned to the province to advise on matters affecting the 
province and to make recommendations thereon; coordinate with 
the official or employee in the formulation and implementation of 
plans, programs and projects; and, when appropriate, initiate an 
administrative or judicial action against a national government 
official or employee who may have committed an offense in the 
performance of official duties while stationed in or assigned to the 
province;
xvii. 
Authorize payment for medical care, necessary transportation, 
subsistence, hospital or medical fees of provincial officials and 
employees who are Injured while in the performance of their 
official duties and functions, subject to the availability of funds;
xvlii. Represent the province In Inter-provincial or regional sports 
councils or committees, and coordinate the efforts of component 
cities or municipalities in the regional or national palaro or sports 
development activities;
xix. Conduct an annual palarong panlalawigan, which shall feature 
traditional sports and disciplines included in national and 
international games in coordination with the Department of 
Education (DepED); and
XX. Submit to the Office of the President the following reports: an 
annual report containing a summary of all matters pertinent to 
the management, administration and development of the province 
and all information and data relative to its political, social and 
economic conditions; and supplemental reports when unexpected 
events and situations arise at any time during the year, 
particularly when man-made or natural disasters or calamities


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affect the general welfare of the province, the region or the 
country in general;
2. Enforce all laws and ordinances relative to the governance of the 
province and the exercise of the appropriate corporate powers 
provided under Section 22 of the Local Government Code of 1991, 
as amended; implement all approved policies, programs, projects, 
services and activities of the province; and, in addition to the 
foregoing; shall:
i. 
Ensure that the acts of the component cities and municipalities of 
the province and of its officials and employees are within the 
scope of their prescribed powers, duties and functions;
ii. 
Call conventions, conferences, seminars or meetings of elective 
and appointive officials of the province and Its component cities 
and municipalities, including national officials and employees 
stationed in or assigned to the province, at such time and place 
and on such subject as may deemed important for the promotion 
of the general welfare of the province and its inhabitants;
iii. 
Issue such executive orders for the faithful and appropriate 
enforcement and execution of laws and ordinances;
iv. 
Be entitled to carry the necessary firearm within the territorial 
jurisdiction of the province;
V. In coordination with the mayors of component cities and 
municipalities and the National Police Commission, formulate the 
peace and order plan of the province and upon its approval, 
implement the same in accordance with Republic Act No. 6975, as 
amended, otherwise known as the "Department of the Interior 
and Local Government Act of 1990"; and,
vi. Call upon the appropriate national law enforcement agencies to 
suppress disorder, riot, lawless violence, rebellion or sedition or to 
apprehend violators of the law when public interest so requires
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and when the police forces of the component city or municipality 
where the disorder or violation is happening are inadequate to 
cope with the situation or the violators;
3. Initiate and maximize the generation of resources and revenues, and 
apply the same to the implementation of development plans, 
program objectives and priorities as provided under Section 18 of 
the Local Government Code of 1991, as amended, particularly those 
resources and revenues programmed for agro-industrial 
development and countrywide growth and progress and, relative 
thereto, shall;
i. 
Require each head of an office or department to prepare and 
submit an estimate of appropriations for the ensuing calendar 
year, in accordance with the budget preparation process Title V, 
Book II of the Local Government Code of 1991, as amended;
ii. 
Prepare and submit to the sanggunlang panlalawigan for approval 
the executive and supplemental budgets of the province for the 
ensuing calendar year in the manner provided under Title V, Book 
II of the Local Government Code of 1991, as amended;
Hi. Ensure that all taxes and other revenues of the province are 
collected, and provincial funds are applied to the payment of 
expenses, and obligations of the province are settled, in 
accordance with law or ordinance;
iv. Issue licenses and permits and suspend or revoke the same for 
any violation of the conditions upon which said licenses or permits 
had been issued, pursuant to law or ordinance;
V. Adopt adequate measures to safeguard and conserve land, 
mineral, marine, forest and other resources of the province, in 
coordination with the mayors of component cities or 
municipalities;
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Vi. Provide efficient and effective property and supply management
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in the province; and safeguard the funds, accounts receivables,
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rights and other properties of the province; and,
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vii. Institute or cause to be instituted administrative or judicial
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proceedings for violations of ordinances in the collection of taxes,
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fees or charges, and for the recovery of funds and property, and
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cause the province to be defended against all suits to ensure that
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its interests, resources and rights shall be adequately protected;
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4. Ensure the delivery of basic services and the provision of adequate
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facilities as provided under Section 17 of the Local Government Code
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of 1991, as amended and, in addition thereto, shall:
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i. Ensure that the construction and repair of roads and highways
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funded by the national government shall be, as far as practicable,
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carried out in a spatially contiguous manner and in coordination
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with the construction and repair of the roads and bridges of the
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province and of its component cities and municipalities; and
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ii. Coordinate the Implementation of technical services by national
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offices for the province and its component cities 
and
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municipalities, including public works and infrastructure programs
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of the provincial government and its component cities 
and
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municipalities; and
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5. Exercise such other powers and perform such other duties and
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functions as may be prescribed by law or ordinance.
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The provincial governor shall receive a minimum monthly compensation as
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prescribed under Republic Act No. 6758, as amended, otherwise known as the
26 
"Compensation and Position Ciassification Act of 1989" and the implementing
27 
guidelines issued pursuant thereto.
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Sec. 13. Vie Provincial Vice Governor. -
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a. The provincial vice governor shall:
1. 
Be the presiding officer of the sangguniang panlalawigan and sign all 
warrants drawn on the provincial treasury for all expenditures 
appropriated for the operation of the sangguniang panlalawigan-,
2. Subject to civil service law, rules and regulations, appoint all officials 
and employees of the sangguniang panlalawigan, except those 
whose manner of appointment is specifically provided for under 
existing laws;
3. Assume the office of the provincial governor for the unexpired term 
of the latter in the event of permanent vacancy as provided for 
under Section 44, Book I of the Local Government Code of 1991, as 
amended;
4. 
Exercise the powers and perform the duties and functions of the 
provincial governor in case of temporary vacancy as provided for 
under Section 46, Book I of the Local Government Code of 1991, as 
amended; and
5. 
Exercise such other powers and perform such other duties and 
functions as may be prescribed by law or ordinance.
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b. The provincial vice governor shall receive a monthly compensation as 
prescribed under the "Compensation and Position Classification Act of 
1989" as amended, and the implementing guidelines issued pursuant 
thereto.
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ARTICLE IV
THE SANGGUNIANG PANLALAWIGAN
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Sec. 14. Composition. -
a. The sangguniang panlalawigan, the legislative body of the province, 
shall be composed of the provincial vice governor as the presiding
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officer, the regular sangguniang panlalawigan members, the president of 
the provincial chapter of the liga ng mga barangay, the president of the 
panlalawigang pederasyon ng mga sangguniang kabataan, the president 
of the provincial federation of sanggunian members of municipalities and 
component cities, and the sectoral representatives, as members.
b. In addition thereto, there shall be three (3) sectoral representatives: one 
(1) from the women's sector; one (1) from the agricultural or industrial 
worker sector; and one (1) from other sectors, including the urban poor, 
indigenous cultural communities, or persons with disability.
c. The regular members of the sangguniang paniaiawigan and the sectoral 
representatives shall be elected in the manner as provided by law, and 
shall receive a monthly compensation as prescribed under the 
"Compensation and Position Ciassiftcation Act of 1989", as amended, 
and the implementing guidelines issued pursuant thereto.
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Sec. 15. Powers, Duties, Functions and Compensation. -
a. The sangguniang paniaiawigan, as the legislative body of the province, 
shall enact ordinances, approve resolutions and appropriate funds for 
the general welfare of the province and its inhabitants pursuant to 
Section 16 of the Local Government Code of 1991, as amended, and in 
the proper exercise of the corporate powers of the province as provided 
under Section 22 of the Local Government Code of 1991, as amended, 
and shall:
1. Approve all ordinances and pass resolutions necessary for an 
efficient and effective provincial government and, in this connection, 
shall:
i. Review all ordinances approved by the sanggunians of component 
cities and municipalities and executive orders issued by the 
mayors of said component units to determine whether these are 
within the scope of the prescribed powers of the sanggunian and 
of the mayor;
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ii. Maintain peace and order by enacting measures to prevent and 
suppress lawlessness, disorder, riot, violence, rebellion or sedition 
and impose penalties for the violation of said ordinances;
Hi. Approve ordinances imposing a fine not exceeding Five thousand 
pesos (P5,000.00) or an Imprisonment not exceeding one (1) 
year, or both. In the discretion of the court, for the violation of a 
provincial ordinance;
iv. Adopt measures to protect the inhabitants of the province from 
the harmful effects of man-made or natural disasters and 
calamities, and provide relief services and assistance to victims 
during and in the aftermath of said disasters and calamities, and 
to facilitate their return to productive livelihood following said 
events;
V. Enact ordinances Intended to prevent, suppress and Impose 
appropriate penalties for habitual drunkenness in public places, 
vagrancy, mendicancy, prostitution, the establishment and 
maintenance of houses of ill repute, gambling and other 
prohibited games of chance, fraudulent devices and ways to 
obtain money or property, drug addiction, maintenance of drug 
dens, drug pushing, juvenile delinquency, the printing, distribution 
or exhibition of obscene or pornographic materials or publication, 
and such other activities inimical to the welfare and morals of the 
inhabitants of the province;
vi. Protect the environment, and impose appropriate penalties for 
acts which endanger the environment, such as dynamite fishing 
and other forms of destructive fishing, illegal logging and 
smuggling of logs, smuggling of natural resources products and of 
endangered species of flora and fauna, slash-and-burn farming, 
irresponsible disposal of waste, and such other activities which 
result In pollution, acceleration of eutrophication of rivers and 
lakes, or of ecological imbalance;
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vii. 
Subject to the provisions of the Local Government Code of 1991, 
as amended, and other pertinent laws, determine the powers and 
duties of officials and employees of the province;
viii. 
Determine the positions and salaries, wages, allowances and 
other emoluments and benefits of officials and employees paid 
wholly or mainly from provincial funds and provide for 
expenditures necessary for the proper conduct of programs, 
projects, services and activities of the provincial government;
ix. Authorize the payment of compensation to a qualified person not 
in the government service who fills in a temporary vacancy or 
grant honorarium to any qualified official or employee designated 
to fill a temporary vacancy in a concurrent capacity at the rate 
authorized by law;
X. Provide a mechanism and the appropriate funds therefore to 
ensure the safety and protection of all provincial government 
property, public documents or records such as those relating to 
property inventory, land ownership, records of births, marriages, 
deaths, assessments, taxation, accounts, business permits, and 
such other records and documents of public interest in the offices 
and departments of the provincial government; and
xi. When the finances of the provincial government allow, provide for 
additional allowances and other benefits to judges, prosecutors, 
public elementary and high school teachers, and other national 
government officials stationed or assigned to the province;
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2. Generate and maximize the use of resources and revenues for the 
development plans, program objectives and priorities of the province 
as provided under Section 18 of the Local Government Code of 
1991, as amended, with particular attention to agro-industrial 
development and countrywide growth and progress and, relative 
thereto, shall:
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i. 
Enact the annual and supplemental appropriations of the 
provincial government and appropriate funds for specific 
programs, projects, services and activities of the province, or for 
other purposes not contrary to law, in order to promote the 
general welfare of the province and its inhabitants;
ii. 
Subject to the provisions of Book II of the Local Government 
Code of 1991, as amended, applicable laws and upon the majority 
vote of all the members of the sangguniang panlalawigan, enact 
ordinances levying taxes, fees and charges, prescribing the rates 
thereof for general and specific purposes and granting tax 
exemptions, incentives or reliefs;
iii. 
Subject to the provisions of Book II of the Local Government 
Code of 1991, as amended, applicable laws and upon the majority 
vote of all the members of the sangguniang panlalawigan, 
authorize the provincial governor to negotiate and contract loans 
and other forms of indebtedness;
iv. 
Subject to the provisions of Book II of the Local Government
Code of 1991, as amended, and applicable laws and, upon the 
majority 
vote of all 
the members of the sangguniang
panlalawigan, enact ordinances authorizing the floating of bonds 
or other Instruments of indebtedness, for the purpose of raising 
funds to finance development projects;
V. Appropriate funds for the construction and maintenance or the 
rental of buildings for the use of the province and, upon the 
majority 
vote of all 
the members of the sangguniang
panlalawigan, authorize the provincial governor to lease to private 
parties such public buildings held in a proprietary capacity, 
subject to existing laws, rules and regulations;
Vi. Prescribe reasonable limits and restraints on the use of property 
within the jurisdiction of the province;
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vii. 
Review the comprehensive land use plans and zoning ordinances 
of component cities and municipalities and adopt a 
comprehensive provincial land use plan, subject to existing laws; 
and,
viii. 
Adopt measures to enhance the full implementation of the 
national agrarian reform program in coordination with the 
Department of Agrarian Reform (DAR).
3. Subject to the provisions of Book II of the Local Government Code 
of 1991, as amended, grant franchises, approve the Issuance of 
permits or licenses, or enact ordinances levying taxes, fees and 
charges upon such conditions and for such purposes intended to 
promote the general welfare of the inhabitants of the province and, 
pursuant to its legislative authority, shall:
i. 
Fix and impose reasonable fees and charges for all services 
rendered by the provincial government to private persons or 
entities; and,
ii. 
Regulate and fix the license fees for such activities as provided for 
under the Local Government Code of 1991, as amended.
4. Approve ordinances which shall ensure the efficient and effective 
delivery of the basic services and facilities as provided under Section 
17 of the Local Government Code of 1991, as amended, and, in 
addition to said services and facilities, shall:
i. 
Adopt measures and safeguards against pollution and for the 
preservation of the natural ecosystem in the province, including 
the proper collection and disposal of waste, in consonance with 
approved standards on human settlements and environmental 
sanitation;
ii. 
Subject to applicable laws, facilitate or provide for the 
establishment and maintenance of a waterworks system or
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district waterworks for suppiying water to inhabitants of 
component cities and municipaiities;
iii. 
Subject to the avaiiabiiity of funds and to existing laws, rules 
and regulations, provide for the establishment and operation of 
vocational and technical schools and similar post-secondary 
Institutions and, with the approval of the DepED and subject to 
existing laws on tuition fees, fix reasonable tuition fees and 
other school charges in educational institutions supported by the 
provincial government;
iv. 
Establish a scholarship fund for the poor but deserving students 
in schools located within its jurisdiction or of students residing 
within the province;
V. Approve measures and adopt quarantine regulations to prevent 
the introduction and spread of diseases within its territorial 
jurisdiction;
vi. 
Provide for the care of paupers, the aged, the sick, persons of 
unsound mind, abandoned minors, abused children, disabled 
persons, juvenile delinquents, drug dependents, and other 
needy and disadvantaged persons, particularly children and 
youth below eighteen (18) years of age; subject to the 
availability of funds, establish and support the operation of 
centers and facilities for said needy and disadvantaged persons; 
and facilitate the efforts to promote the welfare of families 
below the poverty threshold, the disadvantaged and the 
exploited;
vii. 
Establish and provide for the maintenance and improvement of 
jails and detention centers, institute a sound jail management 
program and appropriate funds for the subsistence of detainees 
and convicted prisoners in the province;
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viii. Establish a provincial council whose purpose Is the promotion of 
culture and the arts, coordinate with government agencies and 
non-governmental organizations and, subject to the availability 
of funds, appropriate funds for the support and development of 
the same; and,
ix. Establish a provincial council for the elderly which shall 
formulate policies and adopt measures mutually beneficial to the 
elderly and to the province; subject to the availability of funds, 
appropriate funds to support programs and projects for the 
elderly; and provide Incentives for nongovernmental agencies 
and entities that shall implement programs and projects for the 
elderly; and,
5. Exercise such other powers and perform such other duties and 
functions as provided for under the Local Government Code of 1991, 
as amended, and as may be prescribed by law or ordinance.
ARTICLE V
PROCESS OF LEGISLATION
Sec. 16. Internal Rules of Procedure. -
a. 
On the first regular session following the election of its members and 
within ninety (90) days thereafter, the sanggunlang panlalawigan shall 
adopt or update its existing rules of procedure.
b. The rules of procedure shall provide for the following:
1. The organization of the sanggunlan and the election of its officers as 
well as the creation of standing committees which shall include the 
committees on appropriations, women and family, human rights, 
youth and sports development, environmental protection, peace and 
order, and cooperatives; the general jurisdiction of each committee; 
and the election of the chairman and members of each committee;
2. The order and calendar of business for each session;
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3. The legislative process;
4. The parliamentary procedures which include the conduct of 
members during sessions;
5. The discipline of members on account of disorderly behavior and 
absences without justifiable cause for four (4) consecutive sessions 
for which they may be censured, reprimanded or excluded from the 
session, or suspended for not more than sixty (60) days, or 
expelled: Provided, That the penalty of suspension or expulsion shall 
require the concurrence of at least two-thirds (2/3) of all the 
sanggunian members: Provided, further. That a member convicted 
by final judgment to imprisonment of at least one (1) year for any 
crime involving moral turpitude shall be automatically expelled from 
the sanggunian; and,
6. Such other rules as the sanggunian may adopt.
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Sec. 17. Fuii Disciosure of Financiai and Business Interests of Sangguniang
16 
Paniaiawigan Members. -
17 
a. Every sangguniang paniaiawigan member shall, upon assumption to
18 
office, make a full disclosure of business and financial Interests. The
19 
member shall also disclose any business, financial, professional
20 
relationship or any relation by affinity or consanguinity within the fourth
21 
civil degree, with any person, firm or entity affected by any ordinance or
22 
resolution under consideration by the sanggunian of which one is a
23 
member, which relationship may result in conflict of interest. Such
24 
relationship shall include:
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1. Ownership of stocks or capital, or Investment in the entity or firm to
26 
which the ordinance or resolution may apply; and,
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2. Contracts or agreement with any person or entity which the
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ordinance or resolution under consideration may affect.
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In the absence of a specific constitutional or statutory provision applicable to
2 
this situation, "conflict of Interest" refers in general to a situation where it may be
3 
reasonably deduced that a member of a sangguniang panlalawigan may not be able
4 
to act in the public interest due to some private, pecuniary or other personal
5 
considerations that tend to affect the member's judgment to the prejudice of the
6 
service or the public.
7 
b. The above disclosure required under this Act shall be made in writing
8 
and submitted to the secretary of the sanggunian or the secretary of the
9 
committee of membership of the sanggunian member. The disclosure
10 
shall, in all cases, form part of the record of the proceedings of the
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meetings and shall be made in the following manner:
12 
1. Disclosure shall be made before the member participates in the
13 
deliberations on the ordinance or 
resolution under
14 
consideration: Provided,T\\^\. if the member did not participate
15 
during the deliberations, the disclosure shall be made before voting
16 
on the ordinance or resolution on second and third readings; and,
17 
2. Disclosure shall be made when a member takes a position or makes
18 
a privilege speech on a matter that may affect the business Interest,
19 
financial connection or professional relationship described herein.
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Sec. 18. 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 shd\\ be once a week.
b. When the public interest so demands, special sessions may be called by 
the provincial governor or by a majority of the members of the 
sanggunian.
c. 
All sanggunian sessions shall be open to the public unless a closed-door 
session is ordered by an affirmative vote of a majority of the members
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present, there being a quorum, in the public interest or for reasons of
2 
security, decency or morality. No two (2) sessions, regular or special,
3 
may be held in a single day.
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d. In the case of special sessions of the sanggunian, a written notice to the
5 
members shall be served personally at the members' usual place of
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residence at least twenty-four (24) hours before the special session is
7 
held.
8 
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian
9 
members present, there being a quorum, no other matters may be considered at a
10 
special session except those stated in the notice.
11 
e. The sanggunian shall keep a journal and a record of its proceedings
12 
which may be published upon resolution of the sangguniang
13 
paniaiawigan.
14 
Sec. 19. Quorum. -
15 
a. A majority of all the members of the sanggunian who have been elected
16 
and qualified shall constitute a quorum to transact official business.
17 
Should a question of quorum be raised during the session, the presiding
18 
officer shall immediately proceed to call the roll of the members and
19 
thereafter announce the results.
20 
b. Where there Is no quorum, the presiding officer may declare a recess
21 
until such time a quorum is constituted, or a majority of the members
22 
present may adjourn from day to day and may compel the immediate
23 
attendance of any member absent without justifiable cause by
24 
designating a member of the sanggunian, to be assisted by a member or
25 
members of the police force assigned in the territorial jurisdiction of the
26 
province, to arrest the absent member and present the same at the
27 
session.
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c. If there is still no quorum despite the enforcement of the Immediately
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preceding subsection, no business shall be transacted. The presiding
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officer, upon proper motion duly approved by the members present, 
shall then declare the session adjourned for lack of quorum.
Sec. 20. Approval of Ordinances.-
a. 
Every ordinance enacted by the sangguniang panlalawigan shall be 
presented to the provincial governor. The provincial governor shall sign 
each and every page of the ordinance to signify approval of the same; 
otherwise, the provincial governor shall veto it and return the same 
stating thereon the reasons for such objection. Thereafter the 
sanggunian may proceed to reconsider the same. The sanggunian may 
override the veto of the provincial governor by two-thirds (2/3) vote of 
all its members, thereby making the ordinance or resolution effective for 
all legal intents and purposes.
b. The veto shall be communicated by the provincial governor to the 
sangguniang panlalawigan within fifteen (15) days from receipt of the 
ordinance; otherwise, the ordinance shall be deemed approved as if the 
provincial governor had signed it.
Sec. 21. Veto Power of the Provincial Governor. -
a. The provincial governor may veto any ordinance of the sangguniang 
panlalawigan on the ground that it is prejudicial to the public welfare, 
and return the same stating therein the reasons for the disapproval.
b. The provincial governor shall have the power to veto any particular item 
or items of an appropriation ordinance, an ordinance or resolution 
adopting a local development plan and public investment program or an 
ordinance directing the payment of money or creating liability. In such 
case, the veto shall not affect the item or items which are not objected 
to. The vetoed item or items shall not take effect unless the 
sangguniang panlalawigan overrides the veto in the manner herein 
provided; otherwise, the item or items in the appropriations ordinance of 
the previous year corresponding to those vetoed, if any, shall be 
deemed re-enacted.
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c. The provincial governor may veto an ordinance or resolution only once. 
The sanggunian may override the veto of the provincial governor by 
two-thirds (2/3) vote of all its members, thereby making the ordinance 
effective even without the approval of the provincial governor.
ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS
Sec. 22. Permanent Vacancy In the Office of the Provincial Governor. -
a. If a permanent vacancy occurs in the office of the provincial governor,
b. The provincial vice governor shall become the provincial governor or in 
case of permanent inability, the highest ranking sanggunian member 
shall become the provincial governor. If a permanent vacancy occurs in 
the office of the provincial vice governor, the highest ranking 
sangguniang paniaiawigan member shall become the provincial vice 
governor or, in case of permanent incapacity, the highest ranking 
sangguniang paniaiawigan member shall become the provincial vice 
governor. Subsequent vacancies shall be filled automatically by other 
sanggunian members according to their ranking as defined herein:
1. For purposes of this Act, a permanent vacancy arises when an 
elective official fills a higher vacant office, refuses to assume office, 
fails to qualify, dies, is removed from office, voluntarily resigns or is 
otherwise permanently incapacitated to discharge the functions of 
the office;
2. 
For purposes of this Act, a permanent vacancy arises when an 
elective official fills a higher vacant office, refuses to assume office, 
fails to qualify, dies, is removed from office, voluntarily resigns or is 
otherwise permanently incapacitated to discharge the functions of 
the office;
3. A tie between or among the highest ranking sangguniang 
paniaiawigan members shall be resolved by drawing of lots; and
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4. The successors as defined herein shall serve only the unexpired
2 
terms of the predecessors;
3 
5. For purposes of succession as provided for In this Act, ranking In the
4 
sangguniang panlalawigan shall be determined on the basis of the
5 
proportion of votes obtained by each winning candidate to the total
6 
number of registered voters In the province In the immediately
7 
preceding local elections.
8 
Sec. 23. Permanent Vacancies in the Sangguniang Paniaiawigan. -
9 
a. Permanent vacancies In the sangguniang paniaiawigan where automatic
10 
succession as provided for in this Act does not apply shall be filled by
11 
appointment by the President, through the Executive Secretary.
12 
b. Only the nominee of the political party under which the sanggunian
13 
member concerned had been elected and whose elevation to the
14 
position next higher In rank created the last vacancy In the sanggunian
15 
shall be appointed in the manner herein provided. The appointee shall
16 
come from the same political party as that of the sanggunian member
17 
who caused the vacancy and shall serve the unexpired term of the
18 
vacant office.
19 
In the appointment herein mentioned, a nomination and a certificate of
/
20 
membership of the appointee from the highest official of the political party
21 
concerned are conditions s//7e qua non, and any appointment without such
22 
nomination and certification shall be null and void ab initio and shall be a ground for
23 
administrative action against the official responsible therefor.
24 
c. In case the permanent vacancy is caused by a sanggunian member who
25 
does not belong to any political party, the provincial governor shall,
26 
upon recommendation of the sangguniang paniaiawigan, appoint a
27 
qualified person to fill in the vacancy.
28 
d. In case of vacancy in the representation of the sangguniang kabataan,
29 
the sangguniang barangay and the provincial league of councilors In the
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sangguniang panlalawigan, said vacancy shall be filled in automatically 
by the official next-ln-rank of the organization concerned.
Sec. 24. Temporary Vacancy In the Office of the Provincial Governor. -
a. When the provincial governor is temporarily Incapacitated to perform the 
duties for physical or legal reasons such as leave of absence, travel 
abroad and suspension from office, the provincial vice governor shall 
automatically exercise the powers and perform the duties and functions 
of the provincial governor, except the power to appoint, suspend or 
dismiss employees which can only be exercised If the period of 
temporary Incapacity exceeds thirty (30) working days.
b. Said temporary Incapacity shall terminate upon submission to the 
sangguniang panlalawigan of a written declaration by the provincial 
governor of having reported back to office. In case where the temporary 
incapacity is due to legal cause, the provincial governor shall also submit 
the necessary documents showing that the legal cause no longer exists.
c. 
When the provincial governor is traveling within the country but outside 
territorial jurisdiction for a period not exceeding three (3) consecutive 
days, the same may designate in writing the officer-in-charge of the 
office. Such authorization shall specify the powers and functions that the 
local official concerned shall exercise in the absence of the provincial 
governor, except the power to appoint, suspend or dismiss employees.
d. In the event, however, that the provincial governor fails or refuses to 
issue such authorization, the provincial vice governor shall have the right 
to assume the powers, duties and functions of the said office on the 
fourth (4th) day of absence of the provincial governor, subject to the 
limitations provided for In subsection (c) hereof.
e. 
Except as provided in subsection (c) hereof, the provincial governor 
shall, in no case, authorize any local official to assume the powers, 
duties and functions of the office other than the provincial vice governor.
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ARTICLE VII
2 
APPOINTIVE PROVINCIAL OFFICIALS: THEIR QUALIFICATIONS, POWERS,
3 
AND DUTIES
4 
Sec. 25. The Secretary to the Sanggunlang Panlalawigan -
5 
a. There shall be a secretary to the sangganiang panlalawigan who shall be
6 
a career official with the rank and salary equal to a head of a
7 
department or office.
8 
b. The secretary to the sanggunian must be a citizen of the Philippines, a
9 
resident of the province, of good moral character, a holder of a college
10 
degree preferably in law, commerce 
or public administration 
from a
11 
recognized college or university, and a first grade civil service eligible 
or
12 
its equivalent.
13 
The appointment of the secretary to the sanggunian is mandatory.
14 
c. The secretary to the sanggunian shall take charge of the office of the
15 
sangguniangpanlalawigan and pursuant thereto perform the following:
16 
1. Attend meetings of the sanggunian and keep a journal of its
17 
proceedings;
18 
2. Keep the seal of the province and affix the same on all ordinances,
19 
resolutions and other official papers of the sanggunianf duly signing
20 
them before presenting the same to the presiding officer for the
21 
latter's signature;
22 
3. Forward to the provincial governor, for approval, copies of
23 
ordinances enacted by the sanggunian and duly certified by the
24 
presiding officer, in the manner provided under Section 54 of the
25 
Local Government Code of 1991, as amended;
26 
4. Forward to the sangguniang bayan or sangguniang paniungsod, as
27 
the case may be, copies of duly approved ordinances in the manner
28 
provided under Sections 56 and 57 of the Local Government Code of
29 
1991, as amended;
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5. Furnish, upon the request of any interested party, certified copies of 
records of pubiic character in the secretary's custody, upon payment 
to the treasurer of such fees as may be prescribed by ordinance;
6. 
Record in a book kept for the purpose, ali ordinances and resoiutions 
enacted or adopted by the sanggunian, with the dates of passage 
and pubiication thereof;
7. 
Keep the office and aii non-confidentiai records therein open to the 
pubiic during usuai business hours;
8. Transiate into the diaiect used by the majority of the inhabitants, ali 
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, 
as amended; and
9. Take custody of the local archives and, where applicable, the local 
library and annually account for the same.
d. Exercise such powers and perform other duties and functions as may be
prescribed by law or ordinance relative to his or her position.
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Sec. 26. The Provincial Treasurer-
a. The provincial treasurer shall be appointed by the Secretary of Finance 
from a list of at least three (3) ranking eligible recommendees of the 
provincial governor, subject to civil service law, rules and regulations.
The appointment of the provincial treasurer is mandatory.
b. The provincial treasurer must be a citizen of the Philippines, a resident 
of the province, of good moral character, a holder of a college degree 
preferably in commerce, public administration or law from a recognized 
college or university, a first grade civil service eligible or its equivalent 
and must have acquired at least five (5) years experience In treasury or 
accounting service.
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c. The provincial treasurer shall be under the administrative supervision of 
the provincial governor and shall regularly report to the provincial 
governor on the tax collection efforts in the province.
d. The provincial treasurer shall take charge of the treasury office, and 
perform the duties as provided under Book II of the Local Government 
Code of 1991, as amended, and shall:
1. Advise the provincial governor or the sanggunian, as the case may 
be, and other local government and national officials concerned 
regarding disposition of local government funds and on such other 
matters relative to public finance;
2. Take custody of and exercise proper management of the funds of 
the local government unit concerned;
3. Take charge of the disbursement of all local government funds and 
such other funds, the custody of which may be entrusted to by law 
or other competent authority;
4. Inspect private commercial and industrial establishments within the 
jurisdiction of the province in relation to the implementation of tax 
ordinances, pursuant to the provisions under Book II of the Local 
Government Code of 1991, as amended;
5. Maintain and update the tax information system of the local 
government unit; and
6. 
Exercise technical supervision over all treasury offices of component 
cities and municipalities.
e. 
Exercise such other powers and perform other duties and functions as 
may be prescribed by law or ordinance.
Sec. 27. The Provincial Assessor-
a. The provincial assessor must be 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
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related course from a recognized college or university, a duly registered 
and licensed real estate service practitioner as provided for under 
Section 30 of Republic Act No. 9646 otherwise known as the "Rea! 
Estate Services Act of the Philippines" a first grade civil service eligible 
or its equivalent and must have acquired at least five (5) years 
experience in real property assessment work or in any related field.
The appointment of the provincial assessor is mandatory.
b. The provincial assessor shall take charge of the assessor's office and 
perform the duties as provided under Book II of the Local Government 
Code of 1991, as amended, and shall:
1. Ensure that all laws and policies governing the appraisal and 
assessment of real properties for taxation purposes are properly 
executed;
2. Initiate, review and recommend changes in policies and objectives, 
plans and programs, techniques, procedures and practices in the 
valuation and assessment of real properties for taxation purposes;
3. Establish a systematic method of real property assessment;
4. Install and maintain a real property Identification and accounting 
system;
5. Prepare, install and maintain a system of tax mapping, showing 
graphically all properties subject to assessment and gather all data 
concerning the same;
6. Conduct frequent physical surveys to verify and determine whether 
all real properties within the province are properly listed in the 
assessment rolls;
7. 
Exercise the functions of appraisal and assessment primarily for 
taxation purposes of all real properties In the province;
8. Prepare a schedule of the fair market value for the different classes 
of real properties in accordance with Title II, Book II of the Local
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Government Code of 1991, as amended;
9. Issue, upon request of any interested party, certified copies of 
assessment records of real properties and all other records relative 
to its assessment, upon payment of a service charge or fee to the 
provincial treasurer;
10. Submit every semester a report of all assessments, as well as 
cancellations and modifications of assessments to the provincial 
governor and the sangguniang panlalawigan] and
11. Exercise technical supervision and visitorlal functions over all 
component city and municipal assessors, coordinate with component 
city or municipal assessors In the conduct of tax mapping operations 
and all other assessment activities, and provide all forms of 
assistance therefor: Provided, however. That, upon full provision by 
the component city or municipality concerned to its assessor's office 
of the minimum personnel, equipment and funding requirements as 
may be prescribed by the Secretary of Finance, such functions shall 
be delegated to the said municipal assessor.
c. Exercise such other powers and perform other duties and functions as 
may be prescribed by law or ordinance.
Sec. 28. The Provincial Accountant-
a. The provincial accountant must be a citizen of the Philippines, a resident 
of the province, of good moral character, a certified public accountant 
and must have acquired at least five (5) years experience in the treasury 
or accounting service..
The appointment of a provincial accountant is mandatory.
b. The provincial accountant shall take charge of both the accounting and 
internal audit services of the province, and shall:
1. Install and maintain an internal audit system in the province;
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2. Prepare and submit financial statements to the provincial governor 
and to the sangguniang panlalawigan;
3. Apprise the sanggunian and other local government officials on the 
financial condition and operations of the provincial government;
4. Certify to the availability of budgetary allotment from which 
expenditures and obligations may be properly charged;
5. Review supporting documents before the preparation of vouchers to 
determine completeness of requirements;
6. Prepare statements of cash advances, liquidations, salaries, 
allowances, reimbursements and remittances pertaining to the 
provincial government;
7. Prepare statements of journal vouchers and liquidations of the same 
and other adjustments related thereto;
8. Post individual disbursements to subsidiary ledgers and index cards;
9. Maintain individual ledgers for officials and employees of the 
provincial government pertaining to payrolls and deductions;
10. Record and post In index cards details of purchased furniture, 
fixtures and equipment, including disposal thereof, if any;
11. Account for all issued requests for obligations and maintain and keep 
all records and reports related thereto; and
12. Prepare journals and the analysis of obligations and maintain and 
keep all records and reports related thereto.
c. Exercise such other powers and perform other duties and functions as
may be provided by law or ordinance.
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Sec. 29. The Provincial Budget Officer-
a. The provincial budget officer must be 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
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related course from a recognized college or university, a first grade civil 
service eligible or its equivalent and must have acquired at least five (5) 
years experience in government budgeting or in any related field.
The appointment of the provincial budget officer is mandatory.
b. The provincial budget officer shall take charge of the budget office, and 
pursuant thereto perform the following:
1. 
Prepare forms, orders and circulars embodying instructions on 
budgetary and appropriation matters for the signature of the 
provincial governor;
2. Review and consolidate the budget proposais of different 
departments and offices of the province;
3. Assist the provincial governor in the preparation of the budget and 
during the budget hearings;
4. Study and evaluate budgetary Implications of proposed legislation 
and submit comments and recommendations thereon;
5. Submit periodic budgetary reports to the Department of Budget and 
Management (DBM);
6. Coordinate with the provincial treasurer, the provincial accountant 
and the provincial planning and development coordinator for the p 
impose of budgeting;
7. Assist the sanggunian^ panlalawigan in reviewing the approved 
budgets of the component cities and municipalities; and
8. Coordinate with the provincial planning and development coordinator 
in the formulation of the provincial development plan.
c. 
Exercise such other powers and perform other duties and functions as 
may be prescribed by law or ordinance.
d. The appropriations for personal services of the provincial budget officer 
provided under the DBM shall, upon the effectivity of this Charter, be
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transferred to the new province. Thereafter, the appropriations for 
personal services of the budget officer shall be provided in full in the 
budget of the local government unit.
Sec. 30. The Provincial Planning and Development Coordinator-
a. The provincial planning and development coordinator must be a citizen 
of the Philippines, a resident of the province, of good moral character, a 
holder of a college degree preferably In urban planning, development 
studies, economics, public administration or in any related course from a 
recognized college or university, a duly registered and licensed 
environmental planner, as provided for under Section 34 of Republic Act 
No. 10587 or the "Environmental Planning Act of 2013", a first grade 
civil service eligible or its equivalent and must have acquired at least five 
(5) years experience in development planning or in any related field.
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The appointment of a provincial planning and development coordinator is
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mandatory.
b. The provincial planning and development coordinator shall take charge
of the planning and development office, and pursuant thereto perform
the following:
1. Formulate integrated economic, social, physical and other 
development plans and policies for consideration of the local 
government development council;
2. Conduct continuing studies, researches and training programs 
necessary to evolve plans and programs for implementation;
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
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documents for the consideration of the provindai deveiopment 
councii;
6. Analyze the income and expenditure patterns, and formulate and 
recommend fiscal plans and policies for the consideration of the 
finance committee of the province as provided under Title V, Book II 
of the Local Government Code of 1991, as amended;
7. Promote people's participation in development planning within the 
province; and
8. 
Exercise supervision and control over the secretariat of the provincial 
development council.
c. Exercise such other powers and perform other functions and duties as 
may be prescribed by law or ordinance.
Sec. 31. The Provincial Engineer-
a. The provincial engineer must be a citizen of the Philippines, a resident of 
the province, of good moral character, a licensed civil engineer and must 
have acquired at least five (5) years experience in the practice of the 
civil engineering profession.
The appointment of the provincial engineer is mandatory.
b. The provincial engineer shall take charge of the engineering office, and 
pursuant thereto perform the foilwing:
1. Initiate, review and recommend changes in policies and objectives, 
plans and programs, techniques, procedures and practices in 
infrastructure development and public works in general of the 
province;
2. Advise the provincial governor on infrastructure, public works and 
other engineering matters;
3. Administer, coordinate, supervise and control the construction, 
maintenance, improvement and repair of roads, bridges and other
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engineering and pubiic works projects of the province;
4. Provide engineering services to the province, inciuding investigations 
and surveys, engineering designs, feasibiiity studies and project 
management; and
5. 
Exercise technical supervision over ali engineering offices of the 
component cities and municipaiities.
c. Exercise such other powers and perform other duties and functions as 
may be prescribed by iaw or ordinance.
Sec. 32. The Provincial Health Officer-
a. The provinciai heaith officer must be a citizen of the Phiiippines, a 
resident of the province, of good morai character, a licensed medical 
practitioner and must have acquired at least five (5) years experience in 
the practice of the medical profession.
The appointment of a provincial health officer is mandatory.
b. The provincial health officer shall perform the following duties and 
functions:
1. Formulate and implement policies, plans, programs and projects to 
promote the health of the people of the province;
2. Advise the provincial governor and the sanggunian on matters 
pertaining to health;
3. 
Execute and enforce all laws, ordinances and regulations relating to 
public health;
4. Recommend to the sanggunian, through the provincial health board, 
the passage of such ordinances as he or she may deem necessary 
for the preservation of public health;
5. Recommend the prosecution of any violation of sanitary laws, 
ordinances and regulations;
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6. Direct the sanitary inspection of aii business establishments selling 
food items or providing accommodations, such as hotels, motels, 
lodging houses, pension houses and the like, in accordance with the 
Sanitation Code of the Philippines;
7. Conduct health information campaigns and render health intelligence 
services;
8. Coordinate with other government agencies and nongovernmental 
organizations involved in the promotion and delivery of health 
services; and
9. 
Exercise general supervision over health offices of component cities 
and municipalities.
10. Be in the frontline of the delivery of health services, particularly 
during and in the aftermath of man-made and natural disasters or 
calamities.
11. The provincial health officer shall take charge of the office on health 
services, and shall:
i. 
Supervise the personnel and staff of the said office, formulate 
program implementation guidelines and rules and regulations for 
the operation of the said office for the approval of the provincial 
governor in order to assist the latter in the efficient, effective and 
economical implementation of health services programs geared to 
the implementation of health-related projects and activities;
ii. 
Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial 
governor in carrying out activities to ensure the delivery of basic 
services and the provision of adequate facilities relative to health 
services provided for under Section 17 of the Local Government 
Code of 1991, as amended;
iii. 
Develop plans and strategies and, upon approval thereof by the 
provincial governor. Implement the same, particularly those which
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have to do with health programs and projects which the provincial 
governor is empowered to Implement and which the sanggunian 
is empowered to provide under the Local Government Code of 
1991, as amended.
12. Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
Sec. 33. Vie Provincial Administrator. —
a. The provincial administrator must be 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, a first grade civil service eligible 
or its equivalent and must have acquired for at least five (5) years' 
experience in management and administration work.
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appointing authority.
The appointment of the provincial administrator is mandatory.
b. The provincial administrator shall take charge of the office of the
administrator, and pursuant thereto perform the following:
1. Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which 
have to do with the management and administration-related 
programs and projects which the provincial governor is empowered 
to implement and which the sanggunian is empowered to provide 
under the Local Government Code of 1991, as amended;
2. Assist in the coordination of the work of all the officials of the 
province under the supervision, direction and control of the 
provincial governor and, for this purpose, may convene the chiefs of 
offices and other officials of the province;
3. 
Establish and maintain a sound personnel program for the province
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designed to promote career development and uphold the merit 
system in the province; and
4. Conduct a continuing organizational development of the province 
with the end In view of instituting effective administrative reforms.
5. 
Be in the frontline of the delivery of administrative support services, 
particularly those related to the situations during and in the 
aftermath of man-made and natural disasters and calamities; and
6. Recommend to the sanggunian and advise the provincial governor 
on all other matters relative to the management and administration 
of the province.
7. Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
Sec. 34. The Provincial Legal Officer-
a. The provincial legal officer must be a citizen of the Philippines, a resident 
of the province, of good moral character, a member of the Philippine Bar 
and must have practiced for at least five (5) years the law profession.
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The term of the provincial legal officer shall be coterminous with that of the
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appointing authority.
The appointment of the provincial legal officer is mandatory.
b. The provincial legal officer, as the chief legal counsel of the province, 
shall take charge of the office for legal services, and pursuant thereto 
perform the following:
1. Formulate measures for the consideration of the sanggunian and 
provide legal assistance and support to the provincial governor in 
carrying out the delivery of basic services and the provision of 
adequate facilities as provided under Section 17 of the Local 
Government Code of 1991, as amended;
2. Develop plans and strategies and, upon approval thereof by the
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provincial governor, implement the same, particularly those which 
have to do with the programs and projects related to legal services 
which the provincial governor is empowered to implement and which 
the sanggunian is empowered to provide under the Local 
Government Code of 1991, as amended;
3. Represent the province in all civil actions and special proceedings 
wherein the province or any official thereof, in their 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;
4. When required by the provincial governor or the sanggunian, draft 
ordinances, contracts, bonds, leases and other instruments. 
Involving any interest of the province and provide comments and 
recommendations on any instrument already drawn;
5. Render an opinion in writing on any question of law when requested 
to do so by the provincial governor or the sanggunian;
6. Investigate or cause to be investigated any provincial official or 
employee for administrative neglect or misconduct in office and 
recommend appropriate action to the provincial governor, or the 
sangguniang paniaiawigan;
7. Investigate or cause to be investigated any person, firm or 
corporation holding any franchise or exercising any public privilege 
for failure to comply with any term or condition in the grant of such 
franchise or privilege, and recommend appropriate action to the 
provincial governor or the sanggunian;
8. When directed by the provincial governor or the sanggunian, initiate 
and prosecute. In the interest of the province, any civil action on any 
bond, lease or other contract upon any breach or violation thereof;
9. Review and submit recommendations on ordinances approved and
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executive orders issued by the component cities and municipaiities;
10. Recommend measures to the sangguniang panlalawigan and advise 
the provincial governor on all other matters related to upholding the 
rule of law;
11. Be in the frontline of protecting human rights and prosecuting any 
violation thereof, particularly those which occur during and in the 
aftermath of man-made or natural disasters and calamities; and
12. Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
Sec. 35. The Provincial Agriculturist-
a. The provincial agriculturist must be a citizen of the Philippines, a 
resident of the province, of good moral character, a holder of a college 
degree in agriculture or in any related course from a recognized college 
or university, a first grade civil service eligible or Its equivalent and must 
have practiced for at least five (5) years the agriculturist profession or 
acquired experience in a related field.
The appointment of the provincial agriculturist is mandatory.
b. The provincial agriculturist shall:
1. Take charge of the office for agricultural services, and pursuant 
thereto, perform the following:
i. 
Formulate measures for the approval of the sanggunian and 
provide technical assistance and support to the provincial 
governor in carrying out said measures to ensure the delivery of 
basic services and the provision of adequate facilities relative to 
agricultural services as provided under Section 17 of the Local 
Government Code of 1991, as amended;
ii. 
Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which
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have to do with the agricultural programs and projects which the 
provincial governor is empowered to implement and which the 
sanggunian is empowered to provide under the Local Government 
Code of 1991, as amended;
2. 
Ensure that maximum assistance and access to resources in the 
production, processing and marketing of agricultural and 
aquacultural and marine products are extended to farmers, 
fishermen and local entrepreneurs;
3. Conduct or cause to be conducted location-specific agricultural 
researches and assist in making available the appropriate technology 
arising out of and disseminating information on basic research on 
crops, preventive control of plant diseases and pests, and other 
agricultural matters which will maximize productivity;
4. Assist the provincial governor in the establishment and extension 
services of demonstration farms on aquaculture and marine 
products;
5. Enforce rules and regulations relating to agriculture and aquaculture;
6. Coordinate with government agencies and nongovernmental 
organizations which promote agricultural productivity through 
appropriate technology compatible with environmental Integrity;
7. 
Be In the frontline of the delivery of basic agricultural services, 
particularly those needed for the survival of the Inhabitants during 
and in the aftermath of man-made and natural disasters or 
calamities;
8. Recommend to the sanggunian and advise the provincial governor 
on all matters related to agriculture and aquaculture which will 
Improve the livelihood and living conditions of the inhabitants; and
9. 
Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
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Sec. 36. Vie Provincial Social Welfare and Development Officer-
a. The provincial social welfare and development officer must be a citizen 
of the Philippines, a resident of the province, of good moral character, a 
duly licensed social worker, or a holder of a college degree preferably in 
sociology or in any related course from a recognized college or 
university, a first grade civil service eligible or its equivalent and must 
have acquired experience for at least five (5) years in the practice of 
social work.
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The appointment of a provincial social welfare and development officer is
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b. The provincial social welfare and development officer shall take charge 
of the office for social welfare and development services, and shall 
perform the following functions:
1. Formulate measures for the approval of the sanggunian and provide 
technical assistance and support to the provincial governor in 
carrying out measures to ensure the delivery of basic services and 
the provision of adequate facilities relative to social welfare and 
development services as provided under Section 17 of the Local 
Government Code of 1991, as amended;
2. Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which 
have to do with the social welfare programs and projects which the 
provincial governor is empowered to implement and which the 
sanggunian is empowered to provide for under the Local 
Government Code of 1991, as amended;
3. 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;
4. Provide relief and appropriate crisis intervention for victims of abuse
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and exploitation and recommend appropriate measures to deter 
further abuse and exploitation;
5. Assist the provincial governor in implementing the barangay level 
program for the total development and protection of children up to 
six (6) years of age;
6. 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;
7. Initiate and support welfare programs that will enhance the role of 
the youth in nation-building;
8. Coordinate with government agencies and nongovernmental 
organizations which have for the purpose the promotion and the 
protection of all the needy, disadvantaged, underprivileged or 
impoverished groups or individuals, particularly those identified to be 
vulnerable and high-risk to exploitation, abuse, and neglect;
9. 
Be In the frontline of service delivery, particularly those which have 
to do with the immediate relief and assistance during and in the 
aftermath of man-made and natural disasters or calamities;
10. Recommend to the sanggunian and advise the provincial governor 
on all other matters related to social welfare and development 
service which will Improve the livelihood and living conditions of the 
inhabitants; and
11. Exercise such other powers and perform, other duties and functions 
as may be prescribed by law or ordinance.
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Sec. 37. The Provincial Veterinarian-
a. The provincial veterinarian must be a citizen of the Philippines, a 
resident of the province, of good moral character, a licensed doctor of
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veterinary medicine and must have practiced for at least three (3) years
the veterinary profession.
The appointment of a provincial veterinarian is mandatory.
b. The provincial veterinarian shall perform the following duties and
functions:
1. Take charge of the office for veterinary services, and pursuant 
thereto, and perform the following:
2. Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial governor 
In carrying out measures to ensure the delivery of basic services and 
the provision of adequate facilities pursuant to Section 17 of the 
Local Government Code of 1991, as amended;
3. Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which 
have to do with the veterinary-related activities which the provincial 
governor Is empowered to implement and which the sanggunian is 
empowered to provide under the Local Government Code of 1991, 
as amended;
4. Advise the provincial governor on all matters pertaining to the 
slaughter of animals for human consumption and the regulation of 
slaughterhouses;
5. Regulate the keeping of domestic animals;
6. Regulate and inspect poultry, milk and dairy products for public 
consumption;
7. Enforce all laws and regulations for the prevention of cruelty to 
animals;
8. Take the necessary measures to eradicate, prevent or cure all forms 
of animal diseases;
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Be in the frontline of veterinary-related activities, such as in the 
outbreak of highly contagious and deadly diseases and in situations 
resulting in the depletion of animals for work and for human 
consumption, particularly those arising from and in the aftermath of 
man-made and natural disasters or calamities;
10. Recommend to the sanggunian and advise the provincial governor 
on all other matters relative to veterinary services which will increase 
the number and improve the quality of livestock, .poultry and other 
domestic animals used for work or for human consumption; and
11. Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
Sec. 38. The Provincial General Services Officer-
a. The provincial general services officer must be a citizen of the 
Philippines, a resident of the province, of good moral character, a holder 
of a college degree in public administration, business administration or 
management from a recognized college or university, a first grade civil 
service eligible or its equivalent and must have acquired at least five (5) 
years' experience in general services, including the management of 
supply, property, solid waste disposal and general sanitation.
The appointment of a provincial general services officer is mandatory.
b. The provincial general services officer shall perform the following duties 
and functions:
1. Take charge of the office of general services, and pursuant thereto 
perform the following:
i. Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial 
governor in carrying out measures to ensure the delivery of basic 
services and the provision of adequate facilities pursuant to 
Section 17 of the Local Government Code of 1991, as amended.
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and which require generai services expertise and technicai 
support services;
ii. Deveiop pians and strategies and, upon approvai thereof by the 
provindai governor, impiement the same, particuiariy those which 
have to do with generai services supportive to the weifare of the 
inhabitants which the provindai governor is empowered to 
impiement and which the sanggunian is empowered to provide 
under the Locai Government Code of 1991, as amended;
2. Take custody of and be accountabie for aii properties, reai or 
personai, owned by the provindai government and those granted to 
it in the form of donation, reparation, assistance, and counterpart of 
joint projects;
3. With the approvai of the provindai governor, assign buiiding or iand 
space to provindai officiais or other pubiic officiais who, by iaw, are 
entitied to such space;
4. Recommend to the provinciai governor, the reasonabie rentai rates 
for iocai government properties whether reai or personai which wiii 
be ieased to pubiic or private entities by the provinciai government;
5. Recommend to the provinciai governor, the reasonabie rentai rates 
of private properties which may be ieased for the offidai use of the 
provinciai government;
6. Maintain and supervise janitoriai, security, iandscaping, and other 
reiated services on aii iocai government pubiic buiidings and other 
reai property, whether owned or ieased by the provinciai 
government;
7. Coiiate and disseminate information regarding prices, shipping and 
other costs of suppiies and other items commoniy used by the 
provinciai government;
8. Perform archivai and record management with respect to records of
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offices and departments of the province; and
9. Perform all other functions pertaining to supply and property 
management heretofore performed by the local government 
treasurer and to enforce policies on records creation, maintenance 
and disposal.
10. Be in the frontline of general services-related activities, such as the 
possible or imminent destruction or damage to records, supplies, 
properties and structures and the orderly and sanitary clearing up of 
waste materials or debris, particularly during and in the aftermath of 
man-made and natural disasters or calamities;
11. Recommend to the sanggunian and advise the provincial governor 
on all matters relative to general services; and
12. Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
Sec. 39. The Provincial Architect-
a. The provincial architect must be a citizen of the Philippines, a resident of 
the province, of good moral character, a duly licensed architect and 
must have practiced the architectural profession for at least five (5) 
years.
The appointment of a provincial architect Is optional.
b. The provincial architect shall perform the following duties and functions:
1. Take charge of the office for architectural planning and design, and 
pursuant thereto, perform the following:
i. Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial 
governor in carrying out measures to ensure the delivery of basic 
services and the provision of adequate facilities relative to 
architectural planning and design as provided under Section 17 of
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the Local Government Code of 1991, as amended;
ii. Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which 
have to do with architectural planning and design programs and 
projects which the provincial governor is empowered to 
impiement and which the sanggunian \s empowered to provide 
under the Local Government Code of 1991, as amended.
2. 
Prepare and recommend for consideration of the sanggunian the 
architectural plan and design for the province or a part thereof, 
including the renewal of slums and blighted areas, land reclamation 
activities, the greening of land and the appropriate planning of 
marine and foreshore areas;
3. Review and recommend for appropriate action of the sanggunian 
and the provinciaL governor, the architectural plan and design 
submitted by governmental and nongovernmental entitles or 
individuals, particularly those for undeveloped, underdeveloped and 
poorly-designed areas;
4. Coordinate with government agencies and nongovernmental entities 
and individuals involved In the aesthetics and the maximum 
utilization of the land and water within the jurisdiction of the 
province, compatible with environmental integrity and ecological 
balance;
5. 
Be in the frontline of the delivery of basic services involving 
architectural planning and design, particularly those related to the 
redesigning of spatial distribution of basic facilities and physical 
structures during and in the aftermath of man-made and natural 
disasters and calamities;
6. Recommend to the sanggunian and advise the provincial governor 
on all other matters related to the architectural planning and design 
as it relates to the total socioeconomic development of the province;
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7. Exercise such other powers and perform other duties and functions 
as may be prescribed by iaw or ordinance.
Sec. 40. Vie Provincial Population Officer-
a. The provincial population officer must be a citizen of the Philippines, a 
resident of the province, of good moral character, a holder of a college 
degree with specialized training in population development from a 
recognized college or university, a first grade civil service eligible or its 
equivalent and must have acquired for at least five (5) years' experience 
in the Implementation of programs on population development or 
responsible parenthood.
The appointment of a provincial population officer is optional.
b. The provincial population officer shall perform the following duties and 
functions:
1. Take charge of the office for population development, and pursuant 
thereto, perform the following:
i. 
Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial 
governor in carrying out measures to ensure the delivery of basic 
services and the provision of adequate facilities relative to the 
integration of the population development principles and in 
providing access to said services and facilities; and
ii. 
Develop plans and strategies and, upon approval thereof by the 
provincial governor. Implement the same, particularly those which 
have to do with the integration of population development 
principles and methods in programs and projects which the 
provincial governor is empowered to implement and which the 
sanggunian is empowered to provide under the Local Government 
Code of 1991, as amended.
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2. Assist the provincial governor in the implementation of the 
constitutional provisions relative to population development and the 
promotion of responsible parenthood;
3. 
Establish and maintain an updated data bank for program 
operations, development planning and an educational program to 
ensure the people's participation in and undertaking of population 
development;
4. Implement appropriate training programs responsive to the cultural 
heritage of the inhabitants; and
5. 
Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
Sec. 41. The Provincial Environment and Natural Resources Officer-
a. The provincial environment and natural resources officer must be a 
citizen of the Philippines, a resident of the province, of good moral 
character, a holder of a college degree preferably in environment, 
forestry, agriculture or any related course from a recognized college or 
university, a first grade civil service eligible or its equivalent and must 
have acquired at least five (5) years' experience in environmental and 
natural resources management, conservation and utilization.
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b. The provincial environment and natural resources officer shall perform 
the following duties and functions:
1. Take charge of the office for environment and natural resources, 
and pursuant thereto, perform the following:
i. Formulate measures for the consideration of the sanggunlan and 
provide technical assistance and support to the provincial 
governor in carrying out measures to ensure the delivery of basic 
services and the provision of adequate facilities relative to
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environment and natural resources services as provided under 
Section 17 of the Local Government Code of 1991, as amended; 
and
ii. Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which 
have to do with the environment and natural resources programs 
and projects which the provincial governor is empowered to 
implement and which the sanggunlan is empowered to provide 
under the Local Government Code of 1991, as amended;
2. Establish, maintain, protect and preserve communal forests, 
watersheds, tree parks, mangroves, greenbelts, commercial forests 
and similar forest projects like industrial tree farms and agro-forestry 
projects;
3. Provide extension services to beneficiaries of forest development 
projects and technical, financial mid infrastructure assistance;
4. 
Manage and maintain seed banks and produce seedlings for forests 
and tree parks;
5. Provide extension services to beneficiaries of forest development 
projects and render assistance for natural resources-related 
conservation and utilization activities consistent with ecological 
balance;
6. Promote small-scale mining and utilization of mineral resources, 
particularly the mining of gold;
7. Coordinate with government agencies and nongovernmental 
organizations in the implementation of measures to prevent and 
control land, air and water pollution with the assistance of the 
Department of Environment and Natural Resources (DENR);
8. 
Be in the frontline of the delivery of services concerning the 
environment and natural resources, particularly in the renewal and 
rehabilitation of the environment during and In the aftermath of
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man-made and natural disasters or calamities;
9. Recommend to the sanggunian and advise the provinciai governor 
on ail matters relative to the protection, conservation, maximum 
utilization, application of appropriate technoiogy and other matters 
related to the environment and natural resources; and
10. Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
Sec. 42. The Provincial Cooperatives Officer-
a. The provincial cooperatives officer must be a citizen of the Philippines, a 
resident of the province, of good moral character, a holder of a college 
degree preferably in business administration with special training in 
cooperatives or any related course from a recognized college or 
university, a first grade dvii service eligibie or its equivaient and must 
have acquired at least five (5) years' experience in cooperatives 
organization and management.
The appointment of a provinciai cooperatives officer is optional.
b. The provincial cooperatives officer shail perform the following duties and 
functions:
1. Take charge of the office for the development of cooperatives, and 
pursuant thereto, perform the foilowing:
a. Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial 
governor in carrying out measures to ensure the delivery of basic 
services and the provision of adequate facilities through the 
development of cooperatives, and in providing access to such 
services and facilities; and
b. Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which 
have to do with the integration of cooperatives principles and
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methods in programs which the provindai governor is empowered 
to impiement and which the sanggunian is empowered to provide 
under the Locai Government Code of 1991, as amended;
2. Assist in the organization of cooperatives;
3. Provide technicai and other forms of assistance to existing 
cooperatives to enhance their viability as an economic enterprise 
and social organization;
4. Assist cooperatives in establishing linkages with government 
agencies and nongovernmental organizations involved in the 
promotion and integration of the concept of cooperatives in the 
livelihood of the people and other community activities;
5. 
Be in the frontline of cooperatives organization, rehabilitation or 
viability enhancement, particularly during and in the aftermath of 
man-made and natural disasters or calamities, to aid In their survival 
and, if necessary, subsequent rehabilitation;
6. Recommend to the sanggunian and advise the provincial governor 
on all other matters relative to cooperatives development and 
viability enhancement which will improve the livelihood and the 
quality of life of the inhabitants; and
7. 
Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
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Sec. 43. The Provincial Information Officer-
a. The provincial information officer must be a citizen of the Philippines, a 
resident of the province, of good moral character, a holder of a college 
degree preferably in journalism, mass communication or any related 
course from a recognized college or university, a first grade civil service 
eligible or its equivalent and must have acquired at least three (3) years' 
experience in writing articles and research papers, or in writing for print, 
television or broadcast media.
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The term of the provincial information officer is coterminous with that of the
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appointing authority.
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b. The provincial information officer shall perform the following duties and
functions:
1. Take charge of the office for public information, and pursuant 
thereto, perform the following:
i. 
Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial 
governor in providing the information and research data required 
for the delivery of basic services and the provision of adequate 
facilities so that the public becomes aware of the said service and 
may fully avail of the same; and
ii. 
Develop plans and strategies and, upon approval thereof by the 
provincial governor. Implement the same, particularly those which 
have to do with public information and research data to support 
the programs and projects which the provincial governor is 
empowered to implement and which the sanggunian is 
empowered to provide under the Local Government Code of 1991, 
as amended;
2. Provide relevant, adequate and timely information to the provincial 
government and its inhabitants;
3. Maintain effective liaison with the various sectors of the community 
on matters and issues that affect the livelihood and the quality of life 
of the inhabitants and encourage support for programs of the local 
and national government; and
4. Furnish information and data on the province to government 
agencies or offices as may be required by law or ordinance and 
nongovernmental organizations to be furnished to said agencies and
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organizations;
5. 
Be in the frontiine of providing information during and in the 
aftermath of man-made and naturai disasters or caiamities, with 
speciai attention to the victims thereof, to heip minimize injuries and 
casualties during and after emergency, and accelerate relief and 
rehabilitation; and
6. Recommend to the sanggunian and advise the provincial governor 
on all other matters relative to public information and research data 
as it relates to the total socioeconomic development of the province; 
and
7. 
Exercise such other powers and perform other duties and functions 
as may be prescribed by law or ordinance.
13 
ARTICLE VIII
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THE PROVINCIAL FIRE STATION, THE PROVINCIAL JAIL, THE
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PROVINCIAL SCHOOLS DIVISION AND THE PROVINCIAL PROSECUTION
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SERVICE
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Sec. 44. The Provincial Fire Station Service. -
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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 (DILG), at least five 
(5) months upon the commencement of the corporate existence of the 
new province. The provincial government shall provide the site where 
the provincial fire stations shall be located.
b. The provincial fire station service shall be headed by a provincial fire 
marshal whose qualifications shall be as those provided for under 
Republic Act No. 9263, as amended, otherwise known as the "Bureau of 
Fire Protection and Bureau of Jaii Management and Penology 
Professionalization Act of2004".
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c. The provincial fire stations shall provide various emergency services such 
as the rescue and evacuation of injured people at fire-related incidents 
and, in general, fire prevention and suppression measures to secure the 
safety of life and property of the citizenry.
Sec. 45. Vie ProvincialJallService. -
a. The DILG shall, at least five (5) months from the commencement of the 
corporate existence of the new province, establish and maintain a 
secured, clean, adequately equipped and sanitary jail facility for the 
custody and safekeeping of prisoners, any fugitive from justice, or 
person detained awaiting investigation or trial and/or transfer to the 
national penitentiary, or a violent mentally ill person who may endanger 
oneself or the safety of others, as duly certified by the proper medical 
health officer, prior to the transfer of such person to a mental institution.
b. The provincial jail service shall be headed by a provincial jail warden 
whose qualifications shall be as those provided for under Republic Act 
No. 9263, as amended, otherwise known as the "Bureau of Fire 
Protection and Bureau of Jaii Management and Penology 
Professionalization Act of2004". The provincial jail warden shall assist in 
the immediate rehabilitation of individuals or detention of prisoners. 
Great care must be exercised so that human rights of these prisoners 
are respected and protected, and their spiritual and physical well-being 
are properly and promptly attended to.
Sec. 46. The Provincial Schools Division. -
a. The DepED shall, within two (2) months from the commencement of the 
corporate existence of the province herein created, establish and 
maintain a separate schools division in the province whose jurisdiction 
shall cover all the municipalities of the new province.
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b. The provincial schools division shall be headed by a division
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superintendent who must possess the necessary qualifications required
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by the DepED.
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Sec. 47. The Provincial Prosecution Service. -
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a. The Department of Justice (DOJ) shall, within two (2) months from the
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commencement of the corporate existence of the province herein
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created, establish and maintain a prosecution service. It shall be headed
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by a provincial prosecutor, who shall be assisted by such number of
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assistant prosecutors as may be necessary, and whose qualifications,
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manner of appointment, rank, salary and benefits shall be governed by
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existing laws covering prosecutors in the DOJ. The Provincial Prosecution
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Service shall be organizationally part of the DOJ, and under the
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supervision and control of the Secretary of the DOJ.
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b. The provincial prosecutor shall handle the criminal prosecution of
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criminal cases In the municipal trial courts in the province as well as in
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the regional trial courts for criminal cases originating in the territory of
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the new province and shall render to and for the province such other
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services as are required by law or regulation of the DOJ.
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ARTICLE IX
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TRANSITORY AND FINAL PROVISIONS
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Sec. 48. Plebiscite. - The provinces of Northern Maguindanao and Southern
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Maguindanao shall be created as provided for in this Charter upon approval by the
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majority of the votes cast by the voters of the affected areas in a plebiscite to be
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conducted and supervised by the Commission on Elections (COMELEC) within sixty
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(60) days from the date of the effectivity of this Act.
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The expenses for the conduct of the plebiscite shall be borne by the present
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Province of Maguindanao.
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Sec. 49. Commencement of Corporate Existence. -The corporate existence of
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the provinces of Northern Maguindanao and Southern Maguindanao shall commence
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upon the composition, quaiification and assumption of the provincial governor,
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provincial vice governor and majority of the members of the sangguniang
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panlalawigan.
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Sec. 50. Officials of the Newly Created Provinces. -
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a. The elective officials of the newly created provinces shall be elected on 
the Second Monday of May 2022 national and local elections: Provided, 
however, That, If this Act Is approved and ratified within one year or 
more prior to the 2022 national and local elections, the vice governor 
and the next ranking elective member of the sangguniang panlalawigan 
of the present Province of Maguindanao, who are residents of the new 
province of Northern Maguinadanao shall assume as its acting governor 
and acting vice governor respectively, and both shall continue to serve 
in office until their successors shall have been elected and qualified in 
the 2022 national and local elections;
b. The other members of the sangguniang panlalawigan shall be appointed 
by the President of the Republic of the Philippines from among the 
qualified residents of the new province of Northern Maguindanao upon 
the recommendation of the Acting Provincial Governor and the 
incumbent Representative of the First Legislative District of the present 
Province of Maguindanao, in consultation with, and with the consensus 
of the local elders, and political leaders: Provided, That the incumbent 
elected members of the sanguniang panlalawigan from the First 
Legislative District of the Province Maguindanao shall have the right to 
retain their respective positions and finish their term of office in the new 
province of Northern Maguindanao without need of appointment;
c. The rule of succession under Title II, Chapter 2, Sec. 44 of the Local 
Government Code of 1991 as amended by Republic Act No. 11054, 
otherwise known as the "Organic Law for the Bangsamoro Autonomous 
Region in Muslim Mindanad' shall be applied in filling up vacant elective 
provincial positions in the Province of Southern Maguindanao arising as a
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consequence of the approval of this Act: Provided, TTzaf additional and 
new members of the sangguniang panlalawigan shall be appointed by 
the President of the Repubiic of the Phiiippines, from among the 
qualified residents of the province upon the recommendation of the 
Provinciai Governor, and the incumbent Representative of the Second 
Legislative District of the Province of Maguindanao, in consultation with, 
and with the consensus of the local elders and political leaders, and, 
they shall continue to serve in office until their successors shall have 
been elected and qualified in the 2022 national and local elections;
d. The incumbent governor of the present Province of Maguindanao shall 
remain as governor of the Province of Southern Maguindanao.
Sec. 51. Organization of the Provincial Government - All provincial appointive 
positions in the newly created provinces shall be filled within sixty (60) days upon 
commencement of its corporate existence.
Sec. 52. Suspension of Increase in the Rates of Local Taxes. - No increase in 
the rates of local taxes shall be imposed by the new province within a period of five 
(5) years from its acquisition of corporate existence.
Sec. 53. Present Provincial Assets and Properties. - Upon the effectivity of 
this Act, the ownership of real properties and infrastructure projects of each local 
government unit situated in the present Province of Maguindanao shall belong to the 
province where it Is situated.
Sec. 54. Provincial Obligations, Debts and Assets - Following the plebiscite 
and creation of the provinces, obligations, debts and assets of all kinds of the 
present Province of Maguindanao shall be shared or paid equally by the provinces of 
Northern Maguindanao and Southern Maguindanao.
Transitory projects and activities, such as land acquisition, office building 
construction, furnishing of offices; purchase of furniture, fixture and equipment; 
assignment of present properties; assignment of employees, hiring of new 
personnel, education and training of officials, employees and personnel; and all
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other projects and activities that wili ensure the fuii and compiete management,
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operations and service deiivery of the provinces of the provinces upon the
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commencement of their corporate existence, shali be financed by the present
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Province of Maguindanao.
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Sec. 55. Applicability of Laws. -The provisions of the Local Government Code
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of 1991, as amended, the Organic Law for the Bangsamoro Autonomous Region in
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Muslim Mindanao, and other laws as are applicable to provinces shall govern the
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herein created province insofar as they are not Inconsistent with the provisions of
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this Act.
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Sec. 56. Separability Clause. - If any part of this Act is declared invalid or
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unconstitutional, the other parts or provisions not affected thereby shall remain valid
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and effective.
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Sec. 57. Effectivity. -This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
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Approved,
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