Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of
July, two thousand and sixteen.

House Bill No._5185

INTRODUCED BY DEPUTY SPEAKER BAI SANDRA SINSUAT A. SEMA

EXPLANATORY NOTE

This Bill seeks to re-create with certain modifications the then province
of Shariff Kabunsuan that was established before by the people of Muslim
Mindanao pursuant to their autonomy as recognized by the 1987
Constitution and their law-making power under Republic Act No. 9054. This
Bill proposes that the new province shall be known as the Province of
Maguindanao North.

The short-lived province of Shariff Kabunsuan existed from 2006 to
2008 pursuant to Muslim Mindanao Act (MMA) No. 201 which was ratified
by an affirmative majority vote of 285,372 in a plebiscite conducted on
October 28, 2006. It was enacted by the Regional Assembly for the
Autonomous Region in Muslim Mindanao, the first such province established
by that local body, which had been so empowered under Republic Act No.
9054 or the Expanded ARMM Law. Shariff Kabunsuan was the first province
since Philippine independence that was not established through an Act of
Congress.


Datu Odin Sinsuat was designated the capital of the new province, per
Section 1 of MMA Act 201. Cotabato City, which is an independent city that
does not vote for provincial officials, belongs to neither Maguindanao nor
Shariff Kabunsuan. However, for the purposes of congressional
representation the said city was grouped with Shariff Kabunsuan, as per
Section 5 of MMA Act No. 201. This specific provision became the subject
of the Supreme Court case that led to the disestablishment of the province.

On 17 July 2008, the Supreme Court, in Sema v. Comelec declared the
creation of the province of Shariff Kabunsuan void and ruled that the power
of ARMM's legislature to create provinces and cities is unconstitutional. The
Supreme Court in particular held that only the Congress of the Philippines
was empowered to create provinces and cities because the creation of such
necessarily included the power to create legislative districts, which explicitly
under the Philippine Constitution was within the sole prerogative of Congress
to establish. Consequently, the Court also declared the power of the
Regional Assembly to create provinces and cities within the Autonomous
Region in Muslim Mindanao as unconstitutional

Despite a motion for reconsideration filed by ARMM officials, the
Supreme Court reaffirmed its ruling in January 2009, thereby rendering its
decision as final.

Hence, this bill with certain modifications is being filed to pursue the
will of the people in the Autonomous Region in Muslim Mindanao, and this
time the new province shall be known as the Province of Maguindanao North.
Early approval of this measure is earnestly sought.

of the First District of Maguindanao
and Cotabato City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two
thousand and sixteen.

House Bill No. 5185

—!.J_],g
INTRODUCED BY REPRESENTATIVE BAI SANDRA SINSUAT A. SEMA
ssh

AN ACT CREATING THE PROVINCE OF MAGUINDANAO NORTH

8e it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled,

ARTICLE |
GENERAL PROVISIONS

SECTION 1. Title. — This Act shall be known as the "Charter of the Province of
Maguindanao North,”

SEC. 2. Province of Maguindanao North, —There is hereby created a new
province from the present Province of Maguindanao to be known as the Province of
Maguindanao North, consisting of the municipalities of Barira, Buldon, Datu Anggal
Midtimbang. Datu Blah Sinsuat, Datu Odin Sinsuat, Kabuntalan, Matanog, Northem
Kabuntalan, Parang, Sultan Kudarat, Sultan Mastura, Sultan Sumagka, and Upi. The

territorial jurisdiction of the Province of Maguindanao North shall be within the present


metes and bounds of all the municipalities that comprise the Province of Maguindanao
North.

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

SEC. 3. Capital Town and Seat of Government. - The capital town and seat of
government of the new Province of Maguindanao North shail be the Municipality of Datu
Odin Sinsuat.

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

(a) To have a continuous succession in its corporate name:

(b) To sue and be sued;

(c) To have and use a corporate seal:

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

(e) To enter into contracts and/or agreements; and

(f) To exercise such other powers, prerogatives or authority subject to the

limitations provided in this Act or other laws.


SEC. 5. General Powers. — The province shall have a common seal and may alter
the same at its pleasure: Provided, That any change of corporate seal shall be registered
with the Department of the Interior and Local Government (DILG). It shall have the power
to create its sources of revenue and to levy taxes, fees and charges; to close and open
roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey
and dispose of real and personal property for the general interests of the province; to
expropriate or condemn private property for public use; to contract and to be contracted
with; to sue and be sued; to prosecute and defend to final judgment and execution suits
wherein the province is involved or interested in and to exercise all the powers as are
granted to corporations or as hereinafter granted, Subject to the provisions of the 1991
Local Government Code, as amended,

SEC. 6. Liability for Damages. — The Province and its officials shall not be exempt
from liability for death or injury to persons or damage to property,

SEC. 7. Legislative District — The Province of Maguindanao North shall have its
‘own legislative district to commence in the next national and local elections after the
effectivity of this Charter. Henceforth, the municipalities of Barira, Buldon, Datu Anggal
Midtimbang, Datu Blah Sinsuat, Datu Odin Sinsuat, Kabuntalan, Matanog, Northern
Kabuntalan, Parang, Sultan Kudarat, Sultan Mastura, Sultan Sumagka, and Upi including
Cotabato City shall comprise the Legislative District of the Province of Maguindanao.
North and Cotabato City while the municipalities of Ampatuan, Buluan, Datu Abdullah
Sangki, Datu Hofer, Datu Montawal, Datu Paglas, Datu Piang, Datu Salibo, Datu Saudi
Ampatuan, Datu Unsay, Gen. S.K. Pendatun, Guindulungan, Mamasapano,

Mangudadatu, Pagalungan, Paglat, Pandag, Rajah Buayan, Shariff Aguak, Shariff


Saidona Mustapha, South Upi, Sultan sa Barongis, and Talayan, shall comprise the Lone
Legislative District of the Province of Maguindanao.

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

ARTICLE Il
PROVINCIAL OFFICIALS IN GENERAL

SEC. 8. Officials of the Provincial Government. —

(a) There shall be in the Province of Maguindanao North: a provincial governor, a
provincial vice governor, the regular members of the sangguniang panlalawigan, a
secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor,
@ provincial accountant, a provincial budget officer, 2 provincial planning and
development coordinator, a provincial engineer, a provincial health officer, a provincial
administrator, a provincial legal officer, a provincial agriculturist, a provincial social welfare
and development officer, a provincial veterinarian and a provincial general services
Officer,

(b) In adaition thereto, the provincial governor may appoint a provincial architect.
@ provincial population officer. @ provincial environment and natural resources officer, a
Provincial cooperatives officer and a provincial information officer

(c) The sangguniang panialawigan may:

(1) Maintain existing offices mentioned in subsections (a) and (b) hereof.

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

Provincial government; or


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

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

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

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

ARTICLE II
ELECTIVE PROVINCIAL OFFICIALS


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

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

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

() Determine the guidelines of provincial policies and be responsible to the
Sangguniang panialawigan for the program of the government;

(ii) Direct the formulation of the provincial development plan, with the assistance
of the provincial development council and upon approval thereof by the sangguniang
panlalawigan, implement the same;

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

(Iv) Initiate and propose legislative measures to the Sangguniang panialawigan and
as often as may be deemed necessary, provide such information and data needed or

requested by said sangguniang panialawigan in the performance of its legislative
functions;


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

(vi) Represent the province in all its business transactions and sign in its behalf all
bonds, contracts and obligations, and such other documents upon the authority of the
Sangguniang panlalawigan or pursuant to law or ordinance;

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

(vill) 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 of ordinance, are entitled to such space in the Provincial capitol
and other buildings owned or leased by the provincial government;

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

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


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

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

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

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

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

(xvii) Authorize payment for medical care, necessary ‘transportation, subsistence,
hospital or medical fees of provincial officials and employees who are injured while in the

performance of their official duties and functions, subject to the availability of funds;


(xvii) Represent the province in inter-provincial or regional sports councils or
committees, and coordinate the efforts of component cities or municipalities in the
Fegional 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 ail information and data relative to its Political, social
and economic conditions; and supplemental reports when unexpected events and
situations arise at any time during the year, particularly when man-made or natural
disasters or calamities affect the general welfare of the province, region or country;

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

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

(ii) Call conventions, conferences. seminars or meetings of any elective and
appointive officials of the province and its component cities and municipalities, including
national officials and employees stationed in or assigned to the province, at such time


and place and on such subject as he or she may deem important for the promotion of the
general welfare of the province and its inhabitants;

(ii) 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 his or her territorial jurisdiction;

{¥) In coordination with the mayors of component cities and municipalities and the
National Police Commission, formulate the peace and order. plan of the province and upon
its approval, implement the same in accordance with Republic Act No. 6875; and

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

(3) Initiate and maximize the generation of resources and revenues, and apply the
same to the implementation of development plans, Program objectives and priorities as
provided for under Section 18 of the Local Govemment 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 under Title V, Book II of the Local Government Code of 1991, as

amended;


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

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

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

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

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

(vii) Institute or cause to be instituted administrative or judicial proceedings for
violations of ordinances in the collection of taxes, fees or charges, and for the recovery
of funds and property, and cause the province to be defended against all suits to ensure
that its interests, resources and rights shall be adequately protected;

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

(i) Ensure that the construction and repair of roads and highways funded by the

national government shall be, as far as practicable, carried out in a ‘Spatially contiguous


‘manner and in coordination with the construction and repair of the roads and bridges of
the province and of its component cities and municipalities; and

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

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

The provincial governor shall receive a minimum monthly compensation
corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, as
amended, and the implementing guidelines issued pursuant thereto

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

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

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

(3) Assume the office of the provincial governor for the unexpired term of the latter

in the event of permanent vacancy as provided for in Section 44, Book | 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 in Section 46, Book | 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 presctibed by law or ordinance.

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

ARTICLE IV
THE SANGGUNIANG PANLALAWIGAN

SEC. 12. Composition. — (a) The sangguniang panialawigan, the legislative body
of the province, shall be composed of the provincial vice governor as the Presiding officer,
the regular sangguniang pantalawigan 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 three (3) sectoral representatives, as
members, who shall come from the following sectors: one (1) from the women sector;
and, as shall be determined by the sangguniang Panlalawigan within ninety (90) days
Prior to the holding of the local elections, one (1) from the agricultural or industrial workers
sector, and one (1) from the other sectors, including the urban poor, indigenous cultural
communities or persons with disability

(b) The regular members of the sangguniang panialawigan and the sectoral

representatives shall be elected in the manner as provided for by law, and shall receive


amonthly compensation corresponding to Salary Grade Twenty-seven (27) as prescribed
under Republic Act No. 6758, as amended, and the implementing guidelines issued
Pursuant thereto.

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

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

(i) Review all ordinances approved by the sanggunians of component cities and
municipalities and executive orders issued by the mayors of said component units to
determine whether these are within the scope of the prescribed powers of the sanggunian
and of the mayor;

(ii) Maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the
violation of said ordinances;

(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos
(P5,000.00) or an imprisonment not exceeding one (1) year, or both, in the discretion of
the court, for the violation of a provincial ordinance;

(iv) Adopt measures to protect the inhabitants of the province from the harmful

effects of man-made or natural disasters and calamities, and to Provide relief services


and assistance for victims during and in the aftermath of said disasters and calamities
and their return to productive livelihood following said events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate
penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution.
the establishment and maintenance of houses of ill repute, gambling and other prohibited
games of chance, fraudulent devices and ways to obtain money or Property, drug
addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or pomographic 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 jogging and smuggling of logs, smuggling of natural resources products
and of endangered species of flora and fauna, slash-and-burn farming and such other
activities which result in pollution, acceleration of eutrophication of rivers and lakes, or of
ecological imbalance,

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

(vill) Determine the positions and salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or mainly from provincial
funds and provide for expenditures necessary for the Proper conduct of programs,

Projects, services and activities of the provincial government;


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

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

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

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

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


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

(iil) Subject to the provisions of Book Il of the Local Government Code of 1991, as
amended and applicable laws and, upon the majority vote of all the members of the
Sangguniang panialawigan, authorize the provincial governor to Negotiate and contract
loans and other forms of indebtedness;

(iv) Subject to the provisions of Book I! of the Local Government Code of 1991, as
amended and applicable laws and, upon the majority vote of all the members of the
Sangguniang panialawigan, 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 panialawigan, authorize the provincial governor to lease to private parties
‘such public buildings held in a proprietary capacity, Subject to existing laws, rules and
regulations;

(vi) Prescribe reasonable limits and restraints on the use of property within the
Jurisdiction of the province;


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

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

(3) Subject to the provisions of Book II of the Local Government Code of 1991, as
amended, grant franchises, approve the issuance of permits or licenses, or enact
ordinances levying taxes, fees and charges upon such conditions and for such purposes
intended to promote the general welfare of the inhabitants of the Province and, pursuant
to the legislative authority, shall:

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

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

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

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

(ii) Subject to applicable laws, facilitate or provide for the establishment and
maintenance of a waterworks system or district waterworks for ‘supplying water to

inhabitants of component cities and municipalities;


(iii) Subject to the availability of funds and to existing laws, rules and fegulations,
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;

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

(viii) Establish a provincial council whose purpose is the Promotion of culture and
the arts, coordinate with government agencies and nongovernmental Organizations and,

subject to the availability of funds, appropriate funds for the ‘support and development of
the same; and


(ix) Establish a provincial council for the elderly which shall formulate policies and
adopt measures mutually beneficial to the elderly and to the province; Subject to the
availability of funds, appropriate funds to support programs and Projects for the elderly;
and provide incentives for nongovernmental agencies and entities to support the
programs and projects of the elderly; and

(5) Exercise such other powers and perform such other duties and functions as
Provided for under the Local Government Code of 1991, as amended, and as may be
prescribed by law or ordinance.

ARTICLE V
PROCESS OF LEGISLATION

SEC. 14. /nternal Rules of Procedure. — (a) On the first regular session following
the election of its members and within ninety (90) days thereafter, the Sangguniang
panlalawigan shall adopt or update its existing rules of procedure.

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

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

(2) The order and calendar of business for each session;

(3) The legislative process;


(4) The parliamentary procedures which include the conduct of members during
sessions;

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

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

SEC. 15. Full Disclosure of Financial and Business Interests of Sangguniang
Panlolawigan Members. —(a) Every sangguniang panialawigan member shall, upon
assumption to office, make a full disclosure of his or her business and financial interests.
He or she shall also disclose any business financial, professional relationship or any
relation by affinity or consanguinity within the fourth civil degree, which he or she may
have with any person, firm or entity affected by any ordinance or resolution under
consideration by the sanggunian of which he or she is a member, which relationship may
result in conflict of interest. Such relationship shall include:

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

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


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

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

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

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

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

(b) When the public interest so demands, special sessions may be called by the

Provincial governor or by a majority of the members of the Sanggunian.


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

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

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

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

SEC. 17. Quorum. — (a) A majority of all the members of the Sanggunian who have
been elected and qualified shall constitute 2 quorum to transact official business. Should
@ question of quorum be raised during the session, the presiding officer shall immediately
proceed to call the roll of the members and thereafter announce the results.

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

arrest the absent member and present him or her at the session.


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

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

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

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

{b) The provincial governor shall have the power to veto any particular item or
items of an appropriation ordinance, an ordinance or resolution adopting a local
development plan and public investment program or an ordinance directing the payment
‘of money or creating liability. In such case, the veto shalll 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,
ifany, shall be deemed reenacted.

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

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

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


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

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

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

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

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

Official responsible therefor.


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

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

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

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

(c) When the provincial governor is traveling within the country but outside
territorial jurisdiction for a period not exceeding three (3) consecutive days, he or she may
designate in writing the officer-in-charge of his or her office. Such authorization shall

‘specify the powers and functions that the local official concerned shall exercise in the


absence of the provincial governor, except the power to appoint, suspend or dismiss
employees.

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

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

ARTICLE Vit
APPOINTIVE PROVINCIAL OFFICIALS:
THEIR QUALIFICATIONS, POWERS AND DUTIES

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

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

(c) The secretary to the sanggunian shall take charge of the office of the
‘sangguniang panialawigan, and shall:

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


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

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

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

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

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

{7) Keep his or her office and all nonconfidential recards therein open to the public
during usual business hours;

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

Code of 1991, as amended; and

(9) Take custody of the local archives and, where applicable, the local library and

annually account for the same.


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

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

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

(c) No person shall be appointed provincial treasurer unless he or she is a citizen
of the Philippines, a resident of the province, of good moral character, a holder: ofacollege
degree preferably in commerce, public administration or law from a fecognized college or
university, and a first grade civil service eligible or its equivalent. He or she must have
acquired experience in treasury of accounting service for at least five (5) years.

The appointment of the provincial treasurer shall be mandatory.

(d) He or she shall take charge of the treasury office, and perform the duties as
Provided for under Book II of the Local Government Code of 1991, as amended, and
shall:

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

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

concerned;


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

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

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

(8) Exercise technical supervision aver all treasury offices of component cities and
municipalities.

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

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

‘The appointment of the provincial assessor shall he mandatory

(b) The provincial assessor shall take charge of the assessor's office and perform
the duties as provided for 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
property subject to assessment and gather all data concerning the same;

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

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

(8) Prepare a schedule of the fair market value for the different classes of real
Properties in accordance with Title 2, Book Il of the Local 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 visitorial functions over all component city
and municipal assessors, coordinate with component city or municipal assessors in the
conduct of tax mapping operations and all other assessment activities, and provide all
forms of assistance therefor: Provided, however, That, upon full provision by the
component city or municipality concemed to its assessor's office of the minimum
Personnel, equipment and funding requirements as may be prescribed by the Secretary
of Finance, such functions shall be delegated to the said municipal assessor.

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

SEC. 26. The Provincial Accountant. — (a) No person shall be appointed provincial
accountant unless he or she is 4 citizen of the Philippines, a resident of the province, of
good moral character and a certified public accountant. He or she must have acquired
experience in the treasury or accounting service for at least five (5) years

The appointment of a provincial accountant is mandatory.

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

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

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

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

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


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

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

(7) Prepare statements of journal vouchers 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
fecords and reports related thereto;

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

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

SEC. 27 The Provincial Budget Officer. ~ (a) No person shall be appointed
provincial budget officer unless he or she is a citizen of the Philippines, a resident of the
Province, of good moral character, a holder of a college degree preferably in accounting,
economics, public administration or any related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He or she must have


acquired experience in government budgeting or in any related field for at least five (5)
years.

The appointment of the provincial budget officer shall be mandatory.

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

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

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

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

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

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

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

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

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

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


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

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

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

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

(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 pian;


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

(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 Governemnt 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 Provincia)
development council.

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

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

The appointment of the provincial engineer shall be mandatory.

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

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

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


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

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

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

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

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

The appointment of a provincial health officer shall be mandatory.

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

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

(2) Formulate measures for the consideration of the Sangguniang panialawigan

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
telative to health services provided for under Section 17 of the Local Government Code
Of 1991, as amended;

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

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

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

(li) Advise the provincial governor and the ‘Sanggunian on matters pertaining to
health;

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

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

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


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

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

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

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

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

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

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

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

The appointment of the provincial administrator shall be mandatory.

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


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

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

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

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

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

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

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

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

SEC. 32 The Provincial Legal Officer, -(a) No person shall be appointed
provincial legal officer unless he or she is a citizen of the Philippines, a resident of the


province, of good moral character and a member of the Philippine Bar. He or she must
have practiced his or her profession for at least five (5) years.

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

‘The appointment of the provincial legal officer shall be mandatory.

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

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

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

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

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


(ii) When required by the provincial governor or the ‘Sanggunian, draft ordinances,
contracts, bonds, leases and other instruments, involving any interest of the province and
provide comments and recommendations on any instrument already drawn

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

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

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

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

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

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

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

disasters and calamities.


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

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

‘The appointment of the provincial agriculturist shall be mandatory,

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

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

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

1991, as amended;

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


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

(ii) Conduct or cause to be conduicted 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;

(ili) Assist the provincial governor in the establishment and extension ‘services of
demonstration farms on aquaculture and marine Products;

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

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

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

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

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

SEC. 34. The Provincial Social Welfare and Development Officer. — (a) No person
shall be appointed provincial social welfare and development officer unless he or she is


a citizen of the Philippines, a resident of the province, of good moral character, a duly
licensed social worker, or a holder of a college degree preferably in sociology or in any
related course from a recognized college or university, and a first Grade civil service
eligible or its equivalent He or she must have acquired experience in the Practice of social
work for at least five (5) years.

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

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

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

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

1991, as amended;

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


(i) Identify the basic needs of the needy, the disadvantaged and the impoverished
and develop and implement appropriate measures to alleviate their problems and improve
their living conditions;

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

(ill) Assist the provincial governor in implementing the barangay level program for
the total development and protection of children up to six (6) years of age;

(Iv) Facilitate the implementation of welfare programs for the disabled, the elderly
and victims of drug addiction, the rehabilitation of Prisoners and parolees, the prevention
Of Juvenile delinquency and such other activities which would eliminate Of minimize the
ill-effects of poverty;

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

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

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

disasters or calamities; and


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

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

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

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

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

(1) Formulate measures for the consideration of the ‘Sanggunian and provide
technical assistance and support to the provincial governor in carrying out measures to
ensure the delivery of basic services and the provision of adequate facilities relative to
environment and natural resources services as provided for under Section 17 of the Local
Government Code of 1991, as amended;

(2) Develop plans and strategies and, upon approval thereof by the provincial

governor, implement the same, particularly those which have to do with the environment


and natural resources programs and projects which the provincial governor is empowered
to implement and which the sanggunian is empowered to provide for under the Local
Government Code of 1991, as amended;

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

()) 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;

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

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

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

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

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

(4) Be in the frontline of the delivery of services conceming the environment and
natural resources. particularly in the renewal and rehabilitation of the environment during

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


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

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

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

‘The appointment of a provincial veterinarian shall be Mandatory,

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

(1) Formulate measures for the consideration 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;

(2) Develop plans and strategies and, upon approval thereof by the provincial
governor, implement the same, particularly those which have to do with the veterinary-
related activities which the provincial governor is empowered to implement and which the

‘Sanggunian is empowered to provide for under the Local Government Code of 1991, as

amended;


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

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

(li) Regulate the keeping of domestic animals;

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

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

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

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

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

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

SEC. 37 The Provincial General Services Officer. — (a) No person shall be
appointed provincial general services officer unless he or she is a citizen of the
Philippines, a resident of the province, of good moral character, a holder of a college
degree in public administration, business administration and Management from a


recognized college or university, and a first grade civil service eligible or its equivalent.
He or she must have acquired experience in general services, including the management
of supply, property, solid waste disposal and general sanitation for at least five (5) years.

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

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

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

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

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

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

(ii) With the approval of the provincial governor, assign building or land space to

Provincial officials or ather public officials who, by law, are entitled to such ‘space;


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

(iv) Recommend to the provincial govemor, the reasonable rental rates of Private
Properties which may be leased for the official use of the provincial government;

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

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

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

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

(4) Be in the frontline of general services-related activities, such as the possible or
imminent destruction or damage to records, supplies, properties and structures and the
orderly and sanitary clearing up of waste materials or debris, particularly during and in the
aftermath of man-made and natural disasters or calamities; and

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

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


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

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

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

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

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

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

()) Assist in the organization of cooperatives;


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

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

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

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

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

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

The appointment of a provincial architect shall be optional.

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

(1) Formulate measures for the consideration of the ‘Sanggunian and provide
technical assistance and support to the provincial governor in carrying out measures to

ensure the delivery of basic services and the provision of adequate facilities relative to


architectural planning and design as provided for under Section 17 of the Local
Government Code of 1991, as amended;

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

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

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

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

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

(4) Be In the frontline of the delivery of basic services involving architectural
planning and design, particularly those related to the redesigning of spatial distribution of


basic facilities and physical structures during and in the aftermath of man-made and
natural calamities or disasters; and

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

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

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

The appointment of a provincial population officer shall be optional.

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

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

the integration of the population development principles and in Providing access to said

Services and facilities;


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

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

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

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

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

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

SEC. 41. The Provincial Information Officer. — (a) No person shall be appointed
Provincial information officer unless he or she is a citizen of the Philippines, a resident of
the province, of good moral character, a holder of a college degree preferably in
journalism, mass communication or any related course from a recognized college or

university, and a first grade civil service eligible or its equivalent. He or she must have


acquired experience in writing articles and research papers, or in writing for print,
television or broadcast media for at least three (3) years

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

‘The appointment of a provincial information officer shall be optional,

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

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

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

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

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

(ii) Maintain effective liaison with the various sectors of the community on matters
and issues that affect the livelihood and the quality of life of the inhabitants and encourage

‘support for programs of the local and national government: and


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

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

(8) 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.

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

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

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

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


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

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

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

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

SEC 44. The Provincial Schools Division. - (a) The DepED shall, within two (2)
months upon the commencement of the corporate existence of the province herein


created, establish and maintain a separate schools division in the province whose
jurisdiction shall cover all the municipalities of the new province.

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

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

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

ARTICLE IX
TRANSITORY AND FINAL, PROVISIONS.

SEC. 46. Plebiscite.- The Province of Maguindanao North shall be created, as
provided for in this Charter, upon approval by the majority of the votes cast by the voters
of the affected areas in a plebiscite to be conducted and supervised by the Commission

on Elections (COMELEC) within sixty (60) days from the date of the effectivity of this
Charter.


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

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

SEC. 48. Officials of the Province of Maguindanao North. — The first set of elective
Officials of the Province of Maguindanao North shall be elected in the next national and
local elections following the effectivity of this Charter.

All elective and non-elective provincial and local government officials and
employees of the present Province of Maguindanao shall continue to serve their term of
office, perform their duties and functions in the province, until the commencement of the
corporate existence of the new province, as provided for in the immediately preceding
section of this Act.

SEC. 49. Organization of the Provincial Goverment. — All provincial appointive
Positions in the Province of Maguindanao North shall be filled within sixty (80) days upon
commencement of its corporate existence. This shall be done without prejudice to the
Officials and employees of the present Province of Maguindanao who may wish to serve
in the Province of Maguindanao North.

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


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

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

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

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

Approved,