Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
1st Regular Session 
HOUSE BILL NO. ________ 
____________________________________________________________________________ 
Introduced by Rep. JOHNNY PIMENTEL 
EXPLANATORY   NOTE 
In June 19, 1960, the new and independent province of Surigao del Sur 
1 
was inaugurated. This event marked the culmination of a long clamor for self-
2 
government and representation by the people of Surigao del Sur in a time when 
3 
it was still part of the undivided Surigao province, where the voice of its peoples 
4 
was rarely represented. With an indominable spirit and  unyielding efforts, the 
5 
representatives hailing from Surigao del Sur succeeded in the campaign for 
6 
self-governance through Republic Act 2786. 
7 
8 
It was the father of the undersigned – Vincente Luna Pimentel, Sr. – who 
9 
took the reins in being the first Representative of Surigao del Sur in the 5th 
10 
Congress; an honor that continues to be held dearly by our family of public 
11 
servants. This event ushered a new era to which Surigaonons of Surigao del 
12 
Sur were able to fully commit and participate in the principles of democracy, 
13 
self-determination and self-government. 
14 
15 
Surigao del Sur’s rich history does not only go back as far as its formation 
16 
as an independent province in 1960. Its rich history dates even beyond that. 
17 
As early as the Spanish colonization era over 412 years ago, the territory we 
18 
call Surigao del Sur now used to house the Royal Spanish bastion (“The Royal 
19 
Fort of Saint Joseph”) which solidified the government and religious presence 
20 
in Mindanao. 
21 
July 26, 2022
1:20 pm
2336


2 
  
 
1 
Our Surigaonon ancestors were the first to convert and embrace modern 
2 
government in island. Needless to say, Surigaonons were no strangers to 
3 
fighting for freedom. The people of Surigao del Sur never shied away from our 
4 
struggle for independence against foreign powers, be it against Colonial Spain, 
5 
Colonial America and Imperial Japan. 
6 
 
7 
Today, the Province of Surigao del Sur stands with two Legislative Districts 
8 
representing its people belonging in two distinct and separate ethno-linguistic 
9 
groups. It is evident that the District (the 2nd District) to which this humble 
10 
representative holds office is blessed with the majority of Kinamayo-speakers, 
11 
which serves as the native home of this ethno-linguistic group. It has become 
12 
apparent that our community itself is now in need of a fuller and more 
13 
extensive participation to the principles of democracy, self-determination and 
14 
self-government – the establishment of its own Provincial government. 
15 
 
16 
This measure proposes the creation of a distinct, independent and 
17 
separate province consisting of the municipalities of Lianga, Barobo, Tagbina, 
18 
Hinatuan, and Lingig and the city of Bislig. It shall be known as Surigao 
19 
Oriental. 
20 
 
21 
Section 461 of the Local Government Code provides the necessities needed 
22 
to create a new Province, being: i) Php 20 Million income for the last two 
23 
consecutive years; and ii) a population of 250 thousand OR contiguous land 
24 
area of 2000 square kilometers (this requisite being in the alternative). It is also 
25 
required that the creation should not reduce the land area, population and 
26 
income of the original local government unit. 
27 
 
28 
The requirements which necessitate the creation of a new province are met 
29 
for our case. For the first requisite, the total income for our local governments 
30 
that would comprise Surigao Oriental already amounts to over a billion pesos 
31 
in the years 2019 and 2020. This is further bolstered by the income figures of 
32 
year 2021. For the second requisite, the 2020 Philippine census reveals that 
33 


3 
the population of the component local government units in this measure is 
1 
306,339; well above the required minimum population. Since the minimum 
2 
population and the land area requirement are alternative conditions as posited 
3 
in Aquino III v. Comelec, the alternative that is the population requirement 
4 
fulfills the same. 
5 
6 
Furthermore, the creation of the Province of Surigao Oriental also does not 
7 
reduce the present land area, population and income of the Province of Surigao 
8 
del Sur. With the creation of the new province, Surigao del Sur still boasts a 
9 
land area of 3,249.52 square kilometers, a population of 335,916, and an 
10 
income well above the required Php 20 Million. 
11 
12 
The undersigned stands as a steward for the people of Surigao del Sur who 
13 
hold and cherish their own ethnic identity as manifested by its unique ethno-
14 
linguistic collective. Where the requirements of the creation of its own local 
15 
government is plausible, it would be a disservice to my people should our 
16 
august body were to deny them of their own provincial identity. 
17 
18 
The passage of this measure is earnestly sought. 
19 
REP. JOHNNY T. PIMENTEL 


4 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
1st Regular Session 
HOUSE BILL NO. ________ 
____________________________________________________________________________ 
Introduced by Rep. JOHNNY PIMENTEL 
EXPLANATORY   NOTE 
AN ACT CREATING THE PROVINCE OF SURIGAO ORIENTAL 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I 
GENERAL PROVISIONS 
SECTION 1. Title.  –  This Act shall be known as the “Charter of the Province 
1 
of Surigao Oriental”. 
2 
SEC. 2. Province of Surigao Oriental.  –  There is hereby created a new 
3 
province from the present Province of Surigao del Sur to be known as the 
4 
Province of Surigao Oriental, consisting of the municipalities of Lianga, Barobo, 
5 
Tagbina, Hinatuan, and Lingig and the city of Bislig. 
6 
The territorial jurisdiction of the Province of Surigao Oriental shall be 
7 
within the present metes and bounds of all the municipalities and city that 
8 
comprise the Province of Surigao Oriental. 
9 
SEC. 3. Capital Town and Seat of Government.  –  The capital town and seat 
10 
of government of the new Province of Surigao Oriental shall be the City of Bislig. 
11 
SEC. 4. Corporate Powers of the Province.  –  The province constitutes a 
12 
political body corporate and as such is endowed with the attributes of perpetual 
13 
succession and possessed of the powers which pertain to a provincial 
14 
corporation to be exercised in conformity with the provisions of this Charter. 
15 
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5 
The province shall have the following corporate powers:  
1 
(a) To have a continuous succession in its corporate name;  
2 
(b) To sue and be sued;  
3 
(c) To have and use a corporate seal;  
4 
(d) To acquire, hold and convey real or personal property;  
5 
(e) To enter into contracts and/or agreements; and  
6 
(f) To exercise such other powers, prerogatives or authority subject to  
7 
the limitations provided in this Act or other laws.  
8 
SEC. 5. General Powers.  –  The province shall have a common seal and 
9 
may alter the same at its pleasure:  Provided, That any change of corporate seal 
10 
shall be registered with the Department of the Interior and Local Government 
11 
(DILG).  It shall exercise the powers to levy taxes; to close and open roads, 
12 
streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey 
13 
and dispose of real and personal property for the general interests of the 
14 
province; to expropriate or condemn private property for public use; to contract 
15 
and to be contracted with; to sue and be sued; to prosecute and defend to final 
16 
judgment and execution suits wherein the province is involved or interested in 
17 
and to exercise all the powers as are granted to corporations or as hereinafter 
18 
granted.  
19 
SEC. 6. Liability for Damages.  –  The province and its officials shall not be 
20 
exempt from liability for death or injury to persons or damage to property.  
21 
SEC. 7. Legislative District.  –  The Province of Surigao Oriental shall have 
22 
its own legislative district to commence in the next national and local elections 
23 
after the effectivity of this Charter.  
24 
The incumbent Representatives of the present Province of Surigao del Sur 
25 
shall continue to represent their respective legislative districts until the 
26 
expiration of their term of office.  
27 
ARTICLE II 
28 
PROVINCIAL OFFICIALS IN GENERAL 
29 
SEC. 8. Officials of the Provincial Government.  –  (a) There shall be in the 
30 
Province of Surigao Oriental: a provincial governor, a provincial vice governor, 
31 
the regular members of the sangguniang panlalawigan, a secretary to the 
32 
sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a 
33 


6 
  
provincial accountant, a provincial budget officer, a provincial planning and 
1 
development coordinator, a provincial engineer, a provincial health officer, a 
2 
provincial civil registrar,  a provincial administrator, a provincial legal officer, a 
3 
provincial agriculturist, a provincial social welfare and development officer, a 
4 
provincial environment and natural resources officer, a provincial veterinarian, 
5 
a provincial general services officer and a provincial cooperatives officer.  
6 
(b) 
In addition thereto, the provincial governor may appoint a provincial 
7 
architect, a provincial population officer and a provincial information officer.  
8 
(c) 
The sangguniang panlalawigan may:  
9 
(l) 
Maintain existing offices not mentioned in subsections (a) and (b) 
10 
hereof;  
11 
(2) 
Create such other offices as may be necessary to carry out the 
12 
purposes of the provincial government; or  
13 
(3) 
Consolidate the functions of any office with those of another in the 
14 
interest of efficiency and economy. 
15 
Unless otherwise provided herein, the heads of departments and offices 
16 
shall be appointed by the provincial governor with the concurrence of the 
17 
majority of the sangguniang panlalawigan members, subject to civil service law, 
18 
rules and regulations. The sangguniang panlalawigan shall act on the 
19 
appointment within fifteen (15) days from the day of its submission; otherwise, 
20 
the same shall be deemed confirmed.  
21 
SEC. 9. Residence and Office. – During the incumbency of the provincial 
22 
governor, he shall have his official residence and office in the designated capital 
23 
of the province.  All elective and appointive provincial officials shall hold office 
24 
in the provincial capital:  Provided, That, upon the resolution of the 
25 
sangguniang panlalawigan, elective and appointive provincial officials may hold 
26 
office in any component city or municipality within the province for a period of 
27 
not more than seven (7) days for any given month. 
28 
ARTICLE III 
29 
ELECTIVE PROVINCIAL OFFICIALS 
30 
SEC. 10. The Provincial Governor.  –  (a) The provincial governor, as the 
31 
chief executive of the provincial government, shall exercise such powers and 
32 


7 
perform such duties and functions as provided for in the Local Government 
1 
Code of 1991, as amended, and other laws.  
2 
(b) For efficient, effective and economical governance, the purpose of which 
3 
is the general welfare of the province and its inhabitants pursuant to Section 
4 
16 of the Local Government Code of 1991, as amended, the provincial governor 
5 
shall:  
6 
(1) Exercise general supervision and control over all programs, projects, 
7 
services and activities of the provincial government and, in this connection, 
8 
shall: 
9 
(i) 
Determine the guidelines of provincial policies and be responsible 
10 
to the sangguniang panlalawigan for the program of the government;  
11 
(ii) 
Direct the formulation of the provincial development plan, with the 
12 
assistance of the provincial development council and, upon approval thereof by 
13 
the sangguniang panlalawigan, implement the same;  
14 
(iii) 
Present the program of government and propose policies and 
15 
projects for the consideration of the sangguniang panlalawigan at the opening 
16 
of the regular session of the sangguniang panlalawigan every calendar year and 
17 
as often as may be deemed necessary as the general welfare of the inhabitants 
18 
and the needs of the provincial government may require; 
19 
(iv) 
Appoint all officials and employees whose salaries and wages are 
20 
wholly or mainly paid out of provincial funds and whose appointments are not 
21 
otherwise provided for in this Act as well as those he may be authorized by law 
22 
to appoint except those who are to be appointed by the provincial vice governor 
23 
as provided in Section 11 hereof;  
24 
(v) 
Represent the province in all its business transactions and sign in 
25 
its behalf all bonds, contracts and obligations, and such other documents upon 
26 
the authority of the sangguniang panlalawigan or pursuant to law or ordinance;  
27 
(vi) 
Carry out such emergency measures as may be necessary during 
28 
and in the aftermath of man-made and natural disasters or calamities;  
29 
(vii) 
Determine the time, manner and place of payment of salaries or 
30 
wages of the provincial officials and employees, in accordance with law or 
31 
ordinance;  
32 


8 
  
(viii) 
Allocate and assign office space to provincial and other officials and 
1 
employees who, by law or ordinance, are entitled to such space in the provincial 
2 
capitol and other buildings owned or leased by the provincial government;  
3 
(ix) 
Ensure that all executive officials and employees of the province 
4 
faithfully discharge their duties and functions as provided for by law and the 
5 
Local Government Code of 1991, as amended, and cause to be instituted 
6 
administrative or judicial proceedings against any official or employee of the 
7 
province who may have committed an offense in the performance of his official 
8 
duties;  
9 
(x) 
Examine the books, records and other documents of all offices, 
10 
officials, agents or employees of the province and, in aid of his executive powers 
11 
and authority, require all national officials and employees stationed in the 
12 
province to make available to him such books, records and other documents in 
13 
their custody, except those classified by law as confidential;  
14 
(xi) 
Furnish copies of executive orders issued by him to the Office of the 
15 
President within seventy-two (72) hours after their issuance; 
16 
(xii) 
Visit component cities and municipalities of the province at least 
17 
once every six (6) months to deepen his understanding of problems and 
18 
conditions, listen and give appropriate counsel to local officials and 
19 
inhabitants, inform the officials and inhabitants of component cities and 
20 
municipalities of general laws and ordinances which especially concern them, 
21 
and otherwise conduct visits and inspections to ensure that the governance of 
22 
the province will improve the quality of life of the inhabitants;  
23 
(xiii) 
Act on leave applications of officials and employees appointed by 
24 
him and the commutation of the monetary value of their leave credits in 
25 
accordance with law;  
26 
(xiv) 
Authorize official trips of provincial officials and employees outside 
27 
of the province for a period not exceeding thirty (30) days;  
28 
(xv) 
Call upon any national official or employee stationed in or assigned 
29 
to the province to advise him on matters affecting the province and to make 
30 
recommendations thereon; coordinate with the said official or employee in the 
31 
formulation and implementation of plans, programs and projects; and, when 
32 


9 
appropriate, initiate an administrative or judicial action against a national 
1 
government official or employee who may have committed an offense in the 
2 
performance of his duties while stationed in or assigned to the province; 
3 
(xvi)
Authorize payment for medical care, necessary transportation,
4 
subsistence, hospital or medical fees of provincial officials and employees who 
5 
are injured while in the performance of their official duties and functions, 
6 
subject to the availability of funds; 
7 
(xvii)
Represent the province in inter-provincial or regional sports
8 
councils or committees, and coordinate the efforts of component cities or 
9 
municipalities in the regional or national palaro or sports development 
10 
activities; 
11 
(xviii)
Conduct an annual palarong panlalawigan, which shall feature
12 
traditional sports and disciplines included in national and international games, 
13 
in coordination with the Department of Education (DepED); and 
14 
(xix)
Submit to the Office of the President the following reports: an
15 
annual report containing a summary of all matters pertinent to the 
16 
management, administration and development of the province and all 
17 
information and data relative to its political, social and economic conditions; 
18 
and supplemental reports when unexpected events and situations arise at any 
19 
given time during the year, particularly when man-made and natural disasters 
20 
or calamities affect the general welfare of the province, region or country; 
21 
(2) Enforce all laws and ordinances relative to the governance of the
22 
province and the exercise of the appropriate corporate powers as provided for 
23 
in Section 22 of the Local Government Code of 1991, as amended; implement 
24 
all approved policies, programs, projects, services and activities of the province; 
25 
and, in addition to the foregoing, shall: 
26 
(i)
Ensure that the acts of the component cities and municipalities of
27 
the province and of its officials and employees are within the scope of their 
28 
prescribed powers, duties and functions; 
29 
(ii)
Call conventions, conferences, seminars or meetings of any elective
30 
and appointive officials of the province and its component cities and 
31 
municipalities, including national officials and employees stationed in or 
32 
assigned to the province, at such time and place and on such subject as he 
33 


10 
may deem important for the promotion of the general welfare of the province 
1 
and its inhabitants; 
2 
(iii)
Issue such executive orders for the faithful and appropriate
3 
enforcement and execution of laws and ordinances; 
4 
(iv)
Be entitled to carry the necessary firearm within his territorial
5 
jurisdiction; 
6 
(v)
In coordination with the mayors of component cities and
7 
municipalities and the National Police Commission, formulate the peace and 
8 
order plan of the province and, upon its approval, implement the same in 
9 
accordance with Republic Act No. 6975; and 
10 
(vi)
Call upon the appropriate national law enforcement agencies to
11 
suppress disorder, riot, lawless violence, rebellion or sedition or to apprehend 
12 
violators of the law when public interest so requires and the police forces of the 
13 
component city and municipality where the disorder or violation is happening 
14 
are inadequate to cope with the situation or the violators; 
15 
(3) Initiate and maximize the generation of resources and revenues, and
16 
apply the same to the implementation of development plans, program objectives 
17 
and priorities as provided for under Section 18 of the Local Government Code 
18 
of 1991, as amended, particularly those resources and revenues programmed 
19 
for agro-industrial development and countrywide growth and progress and, 
20 
relative thereto, shall: 
21 
(i)
Require each head of an office or department to prepare and submit
22 
an estimate of appropriations for the ensuing calendar year, in accordance with 
23 
the budget preparation process under Title V, Book II of the Local 
24 
Government Code of 1991, as amended; 
25 
(ii)
Prepare and submit to the sangguniang panlalawigan for approval
26 
the executive and supplemental budgets of the province for the ensuing 
27 
calendar year in the manner provided for under Title V, Book II of the Local 
28 
Government Code of 1991, as amended; 
29 
(iii)
Ensure that all taxes and other revenues of the province are
30 
collected, and that provincial funds are applied to the payment of expenses and 
31 
the settlement of obligations of the province, in accordance with law or 
32 
ordinance; 
33 


11 
(iv) 
Issue licenses and permits and suspend or revoke the same for any 
1 
violation of the conditions upon which said licenses or permits had been issued, 
2 
pursuant to law or ordinance; 
3 
(v) 
Adopt adequate measures to safeguard and conserve land, mineral, 
4 
marine, forest and other resources of the province, in coordination with the 
5 
mayors of component cities and municipalities; 
6 
(vi) 
Provide efficient and effective property and supply management in 
7 
the province; and protect the funds, credits, rights and other properties of the 
8 
province; and  
9 
(vii) 
Institute or cause to be instituted administrative or judicial 
10 
proceedings for violations of ordinances in the collection of taxes, fees or 
11 
charges, and for the recovery of funds and property, and cause the province to 
12 
be defended against all suits to ensure that its interests, resources and rights 
13 
shall be adequately protected; 
14 
(4) Ensure the delivery of basic services and the provision of adequate 
15 
facilities as provided for under Section 17 of the Local Government Code of 
16 
1991, as amended and, in addition thereto, shall:  
17 
(i) 
Ensure that the construction and repair of roads and highways 
18 
funded by the national government shall be, as far as practicable, carried out 
19 
in a spatially contiguous manner and in coordination with the construction 
20 
and repair of the roads and bridges of the province and of its component cities 
21 
and municipalities; and  
22 
(ii) 
Coordinate the implementation of technical services by national 
23 
offices for the province and its component cities and municipalities, including 
24 
public works and infrastructure programs of the provincial government and its 
25 
component cities and municipalities; and 
26 
(5) Exercise such other powers and perform such other duties and 
27 
functions as may be prescribed by law or ordinance.  
28 
The provincial governor shall receive a minimum monthly 
29 
compensation corresponding to Salary Grade Thirty (30) as prescribed under 
30 
Republic Act No. 6758, as amended, and the implementing guidelines issued 
31 
pursuant thereto. 
32 


12 
  
SEC. 11. The Provincial Vice Governor.  –  (a) The provincial vice governor 
1 
shall:  
2 
(1) 
Be the presiding officer of the sangguniang panlalawigan and sign 
3 
all warrants drawn on the provincial treasury for all expenditures appropriated 
4 
for the operation of the sangguniang panlalawigan; 
5 
(2) 
Subject to civil service law, rules and regulations, appoint all 
6 
officials and employees including the secretary of the sangguniang 
7 
panlalawigan and such employees of the individual members of the 
8 
sangguniang panlalawigan, except those whose manner of appointment is 
9 
specifically provided for under existing laws;  
10 
(3) 
Assume the office of the provincial governor for the unexpired term 
11 
of the latter in the event of permanent vacancy as provided for in Section 44, 
12 
Book I of the Local Government Code of 1991, as amended;  
13 
(4) 
Exercise the powers and perform the duties and functions of the 
14 
provincial governor in case of temporary vacancy as provided for in  
15 
Section 46, Book I of the Local Government Code of 1991, as amended; and  
16 
(5) 
Exercise such other powers and perform such other duties and 
17 
functions as may be prescribed by law or ordinance.  
18 
(b) The provincial vice governor shall receive a monthly compensation 
19 
corresponding to Salary Grade Twenty-eight (28) as prescribed under Republic 
20 
Act No. 6758, as amended, and the implementing guidelines issued pursuant 
21 
thereto.  
22 
ARTICLE IV 
23 
THE SANGGUNIANG PANLALAWIGAN 
24 
SEC. 12. Composition. – (a) The sangguniang panlalawigan, the legislative 
25 
body of the province, shall be composed of the provincial vice governor as 
26 
presiding officer, ten (10) regular sangguniang panlalawigan members, the 
27 
president of the provincial chapter of the liga ng mga barangay, the president 
28 
of the panlalawigan na pederasyon ng mga sangguniang kabataan, the 
29 
president of the provincial federation of sanggunian members of municipalities 
30 
and the sectoral representatives, as members.  
31 
(b) 
In addition thereto, there shall be three (3) sectoral representatives 
32 
who shall come from the following sectors: one (1) from the women sector; and, 
33 


13 
as shall be determined by the sanggunian concerned within ninety (90) days 
1 
prior to the holding of the local elections, one (1) from the agricultural or 
2 
industrial workers sector; and one (1) from the other sectors, including the 
3 
urban poor, indigenous cultural communities or persons with disability.  
4 
(c) 
The regular members of the sangguniang panlalawigan and the 
5 
sectoral representatives shall be elected in the manner as provided for by law, 
6 
and shall receive a monthly compensation corresponding to Salary Grade 
7 
Twenty-seven (27) as prescribed under Republic Act No. 6758, as amended, 
8 
and the implementing guidelines issued pursuant thereto. 
9 
SEC. 13. Powers, Duties, Functions and Compensation. – (a) The 
10 
sangguniang panlalawigan, as the legislative body of the province, shall enact 
11 
ordinances, approve resolutions and appropriate funds for the general welfare 
12 
of the province and its inhabitants pursuant to Section 16 of the Local 
13 
Government Code of 1991, as amended, and in the proper exercise of the 
14 
corporate powers of the province as provided for under Section 22 of the Local 
15 
Government Code of 1991, as amended, and shall:  
16 
(1) Approve all ordinances and pass resolutions necessary for an efficient 
17 
and effective provincial government and, in this connection, shall:  
18 
(i) 
Review all ordinances approved by the sanggunians of component 
19 
cities and municipalities and executive orders issued by the mayors of said 
20 
component units to determine whether these are within the scope of the 
21 
prescribed powers of the sanggunian and of the mayor;  
22 
(ii) 
Maintain peace and order by enacting measures to prevent and 
23 
suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose 
24 
penalties for the violation of said ordinances;  
25 
(iii) 
Approve ordinances imposing a fine not exceeding Five thousand 
26 
pesos (P5,000.00) or imprisonment not exceeding one (1) year, or both, at the 
27 
discretion of the court, for the violation of a provincial ordinance;  
28 
(iv) 
Adopt measures to protect the inhabitants of the province from the 
29 
harmful effects of man-made and natural disasters or calamities, and to 
30 
provide relief services and assistance for victims during and in the aftermath 
31 
of said disasters and calamities and in their return to productive livelihood 
32 
following said events;  
33 


14 
  
(v) 
Enact ordinances intended to prevent, suppress and impose 
1 
appropriate penalties for habitual drunkenness in public places, vagrancy, 
2 
mendicancy, prostitution, the establishment and maintenance of houses of ill 
3 
repute, gambling and other prohibited games of chance, fraudulent devices and 
4 
ways to obtain money or property, drug addiction, maintenance of drug dens, 
5 
drug pushing, juvenile delinquency, the printing, distribution or exhibition of 
6 
obscene or pornographic materials or publications and such other activities 
7 
inimical to the welfare and morals of the inhabitants of the province;  
8 
(vi) 
Protect the environment and impose appropriate penalties for acts 
9 
which endanger the environment, such as dynamite fishing and other forms of 
10 
destructive fishing, illegal logging and smuggling of logs, smuggling of natural 
11 
resources products and of endangered species of flora and fauna, slash-and-
12 
burn farming and such other activities which result in pollution, acceleration 
13 
of eutrophication of rivers and lakes, or of ecological imbalance;  
14 
(vii) 
Subject to the provisions of the Local Government Code of 1991, as 
15 
amended, and pertinent laws, determine the powers and duties of officials and 
16 
employees of the province;  
17 
(viii) 
Determine the positions and salaries, wages, allowances and other 
18 
emoluments and benefits of officials and employees paid wholly or mainly from 
19 
provincial funds and provide for expenditures necessary for the proper conduct 
20 
of programs, projects, services and activities of the provincial government; 
21 
(ix) 
Authorize the payment of compensation to a qualified person not in 
22 
the government service who fills in a temporary vacancy or grant honorarium 
23 
to any qualified official or employee designated to fill in a temporary vacancy in 
24 
a concurrent capacity at the rate authorized by law;  
25 
(x) 
Provide a mechanism and the appropriate funds therefore to ensure 
26 
the safety and protection of all provincial government properties, public 
27 
documents or records such as those relating to property inventory, land 
28 
ownership, records of births, marriages, deaths, assessments, taxation, 
29 
accounts, business permits and such other records and documents of public 
30 
interest in the offices and departments of the provincial government;  
31 
(xi) 
When the finances of the provincial government allow, provide for 
32 
additional allowances and other benefits to judges, prosecutors, public 
33 


15 
elementary and high school teachers, and other national government officials 
1 
stationed in or assigned to the province;  
2 
(xii) 
Provide legal assistance to provincial and municipal officials, 
3 
including the members of the provincial police who, in the performance of their 
4 
official duties or on the occasion thereof, have to initiate judicial proceedings 
5 
or defend themselves against legal actions.  The sangguniang panlalawigan 
6 
may authorize the provincial governor to engage the services of private counsel 
7 
for this purpose; and  
8 
(xiii) 
Provide for group insurance or additional insurance coverage for all 
9 
officials, including members of barangay tanod brigades and other service 
10 
units, with public or private insurance companies, when the finances of the 
11 
provincial government allow said coverage;  
12 
(2) Generate and maximize the use of resources and revenues for the 
13 
development plans, program objectives and priorities of the province as 
14 
provided for under Section 18 of the Local Government Code of 1991, as 
15 
amended, with particular attention to agro-industrial development and 
16 
countrywide growth and progress and, relative thereto, shall:  
17 
(i) 
Enact the annual and supplemental appropriations of the provincial 
18 
government and appropriate funds for specific programs, projects, services and 
19 
activities of the province, or for other purposes not contrary to law, in order to 
20 
promote the general welfare of the province and its inhabitants;  
21 
(ii) 
Subject to the provisions of Book II of the Local Government Code 
22 
of 1991, as amended, and applicable laws and, upon the majority vote of all 
23 
the members of the sangguniang panlalawigan, enact ordinances levying taxes, 
24 
fees and charges, prescribing the rates thereof for general and specific purposes 
25 
and granting tax exemptions, incentives or reliefs;  
26 
(iii) 
Subject to the provisions of Book II of the Local Government Code 
27 
of 1991, as amended, and applicable laws and, upon the majority vote of all 
28 
the members of the sangguniang panlalawigan, authorize the provincial 
29 
governor to negotiate and contract loans and other forms of indebtedness;  
30 
(iv) 
Subject to the provisions of Book II of the Local Government Code 
31 
of 1991, as amended, and applicable laws and, upon the majority vote of all 
32 
the members of the sangguniang panlalawigan, enact ordinances authorizing 
33 


16 
  
the floating of bonds or other instruments of indebtedness for the purpose of 
1 
raising funds to finance development projects;  
2 
(v) 
Appropriate funds for the construction and maintenance or the 
3 
rental of buildings for the use of the province and, upon the majority vote of all 
4 
the members of the sangguniang panlalawigan, authorize the provincial 
5 
governor to lease to private parties such public buildings held in a proprietary 
6 
capacity, subject to existing laws, rules and regulations;  
7 
(vi) 
Prescribe reasonable limits and restraints on the use of property 
8 
within the jurisdiction of the province;  
9 
(vii) 
Review the comprehensive land-use plans and zoning ordinances of 
10 
component cities and municipalities and adopt a comprehensive provincial 
11 
land-use plan, subject to existing laws;  
12 
(viii) 
Reclassify lands within the jurisdiction of the province, subject to 
13 
the pertinent provisions of the Local Government Code of 1991, as amended; 
14 
(ix) 
Adopt measures to enhance the full implementation of the national 
15 
agrarian reform program in coordination with the Department of Agrarian  
16 
Reform (DAR); 
17 
(x) 
Enact integrated zoning ordinances in consonance with the 
18 
approved comprehensive provincial land-use plan, subject to existing laws, 
19 
rules and regulations; establish fire limits or zones, particularly in populous 
20 
centers; and regulate the construction, repair or modification of buildings 
21 
within said fire limits or zones in accordance with the provisions of the Fire  
22 
Code of the Philippines; 
23 
(xi) 
Subject to national law, process and approve subdivision plans for 
24 
residential, commercial or industrial purposes and other development 
25 
purposes, and to collect processing fees and other charges, the proceeds of 
26 
which shall accrue entirely to the province:  Provided, however, That where 
27 
approval of a national agency or office is required by law, said approval shall 
28 
not be withheld for more than thirty (30) days from receipt of the application. 
29 
Failure to act on the application within the period stated above shall be deemed 
30 
as approval thereof; 
31 
(xii) 
Subject to the provisions of Book II of the Local Government Code 
32 
of 1991, as amended, grant the exclusive privilege of constructing fish corrals 
33 


17 
or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag, 
1 
or fry of any species of fish within the provincial waters;  
2 
(xiii) 
With the concurrence of at least two-thirds (2/3) of all the members 
3 
of the sangguniang panlalawigan, grant tax exemptions, incentives or reliefs to 
4 
entities engaged in community growth-inducing industries, subject to the 
5 
provisions of the Local Government Code of 1991, as amended;  
6 
(xiv) 
Grant loans or provide grants to other LGUs or to national, 
7 
provincial, city and municipal charitable, benevolent or educational 
8 
institutions operated and maintained within the province;  
9 
(xv) 
Regulate the numbering of residential, commercial and other 
10 
buildings; and  
11 
(xvi) 
Regulate the inspection, weighing and measuring of articles of 
12 
commerce; 
13 
(3) Subject to the provisions of the Local Government Code of 1991, as 
14 
amended, grant franchises, approve the issuance of permits or licenses, or 
15 
enact ordinances levying taxes, fees and charges upon such conditions and for 
16 
such purposes intended to promote the general welfare of the inhabitants of 
17 
the province and, pursuant to the legislative authority, shall:  
18 
(i) 
Fix and impose reasonable fees and charges for all services 
19 
rendered by the provincial government to private persons or entities;  
20 
(ii) 
Regulate and fix license fees for any business or practice of 
21 
profession within the province and the conditions under which the license for 
22 
the said business or practice of profession may be revoked and enact 
23 
ordinances levying taxes thereon;  
24 
(iii) 
Provide for and set the terms and conditions under which public 
25 
utilities owned by the province shall be operated by the provincial government 
26 
and prescribe the conditions under which the same may be leased to private 
27 
persons or entities, preferably cooperatives; 
28 
(iv) 
Regulate the display of and fix the license fees for signs, signboards 
29 
or billboards at the place or places where the profession or business advertised 
30 
thereby is, in whole or in part, conducted;  
31 
(v) 
Any law to the contrary notwithstanding, authorize and license the 
32 
establishment, operation and maintenance of cockpits, and regulate 
33 


18 
  
cockfighting and commercial breeding of gamecocks: Provided, That the 
1 
existing rights should not be prejudiced; 
2 
(vi) 
Subject to the guidelines prescribed by the Department of 
3 
Transportation and Communications, regulate the operation of tricycles and 
4 
grant franchises for the operation thereof within the territorial jurisdiction of 
5 
the province; and  
6 
(vii)Upon approval by a majority vote of all the members of the sangguniang 
7 
panlalawigan, grant a franchise to any person, partnership, corporation or 
8 
cooperative to do business within the province; establish, construct, operate 
9 
and maintain ferries, wharves, markets or slaughterhouses; or undertake such 
10 
other activities within the province as may be allowed by existing laws; 
11 
(4) Regulate activities relative to the use of land, buildings and structures 
12 
within the province in order to promote the general welfare and, for the said 
13 
purpose, shall: 
14 
(i) 
Declare, prevent or abate nuisance;  
15 
(ii) 
With the concurrence of a majority of the members of the 
16 
sangguniang panlalawigan, a quorum being present, deny the entry of legalized 
17 
gambling by ordinance into any part of the province or regulate its location in 
18 
the province;  
19 
(iii) 
Require that buildings and the premises thereof and any land 
20 
within the province be kept and maintained in a sanitary condition; impose 
21 
penalties for any violation thereof or, upon failure to comply with such 
22 
requirements, have the work done at the expense of the owner, administrator 
23 
or tenant concerned; and require the filling up of any land or premises to a 
24 
grade necessary for proper implementation; 
25 
(iv) 
Regulate the disposal of clinical and other wastes from hospitals, 
26 
clinics and other similar establishments;  
27 
(v) 
Regulate the establishment, operation and maintenance of cafes; 
28 
bars; restaurants; beer, wine and liquor stores; hotels; motels; inns; pension 
29 
houses; dorms; lodging houses and other similar establishments, including 
30 
tour guides and transportation service; 
31 
(vi) 
Regulate the sale, giving away or dispensing of any intoxicating 
32 
malt, vino, mixed or fermented liquors at any provincial retail outlets;  
33 


19 
(vii) 
Regulate the establishment and provide for the inspection of steam 
1 
boilers or any heating device in buildings, structures and the storage of 
2 
inflammable and highly combustible materials within the province;  
3 
(viii) 
Regulate the establishment, operation and maintenance of any 
4 
entertainment or amusement facilities, including the theatrical and stage 
5 
performances, circuses, billiard halls, public dancing halls, computer gaming 
6 
cafes and bars, health and fitness spas, sauna baths, massage parlors and 
7 
other places for entertainment or amusement; regulate such other events or 
8 
activities for amusement or entertainment, particularly those which tend to 
9 
disturb the community or annoy the inhabitants, or require the suspension or 
10 
suppression of the same; or prohibit certain forms of amusement or 
11 
entertainment in order to protect the social and moral welfare of the 
12 
community;  
13 
(ix) 
Regulate the establishment, operation and maintenance of funeral 
14 
parlors and the burial or cremation of the dead, subject to existing laws, rules 
15 
and regulations;  
16 
(x) 
Regulate the establishment, service, operation and maintenance of 
17 
gyms, sports centers, health and fitness spas, similar centers and parlors, 
18 
subject to existing laws, rules and regulations; and  
19 
(xi) 
Provide for the impounding of stray animals; regulate the keeping 
20 
of animals in homes or as part of a business, and the slaughter, sale or 
21 
disposition of the same; and adopt measures to prevent and penalize cruelty to 
22 
animals; 
23 
(5) Approve ordinances which shall ensure the efficient and effective 
24 
delivery of basic services and facilities as provided for in Section 17 of the Local 
25 
Government Code of 1991, as amended, and, in addition to said services and 
26 
facilities, shall:  
27 
(i) 
Provide for the establishment, maintenance, protection and 
28 
conservation of communal forests and watersheds, tree parks, greenbelts, 
29 
mangroves and other similar forest development projects; 
30 
(ii) 
Establish markets, slaughterhouses or animal corrals and 
31 
authorize the operation thereof by the provincial government; and regulate the 
32 


20 
  
construction and operation of private markets, talipapas or other similar 
1 
buildings and structures;  
2 
(iii) 
Authorize the establishment, maintenance and operation by the 
3 
provincial government of ferries, wharves and other structures intended to 
4 
accelerate productivity related to marine and seashore or offshore activities;  
5 
(iv) 
Regulate the preparation and sale of meat, poultry, fish, vegetables, 
6 
fruits, fresh dairy products and other foodstuffs for public consumption;  
7 
(v) 
Regulate the use of streets, avenues, alleys, sidewalks, bridges, 
8 
parks and other public places and approve the construction, improvement, 
9 
repair and maintenance of the same; establish bus and vehicle stops and 
10 
terminals or regulate the use of the same by privately-owned vehicles which 
11 
serve the public; regulate garages and operation of conveyances for hire; 
12 
designate stands to be occupied by public vehicles when not in use; regulate 
13 
the putting up of signs, signposts, awnings and awning posts on the streets; 
14 
and provide for the lighting, cleaning and sprinkling of streets and public 
15 
places;  
16 
(vi) 
Regulate traffic on all streets and bridges; prohibit encroachments 
17 
or obstacles thereon and, when necessary in the interest of public welfare, 
18 
authorize the removal of encroachments and illegal settlement structures and 
19 
constructions in public lands and areas;  
20 
(vii) 
Subject to existing laws, establish and provide for the maintenance, 
21 
repair and operation of an efficient waterworks system to supply water for the 
22 
inhabitants and to purify the source of the water supply; regulate the 
23 
construction, maintenance, repair and use of hydrants, pumps, cisterns and 
24 
reservoirs; protect the purity and quantity of the water supply of the province 
25 
and, for this purpose, extend the coverage of appropriate ordinances over all 
26 
territory within the drainage area of the said water supply and within one 
27 
hundred meters (l00 m.) of the reservoir, canal, conduit, aqueduct, pumping 
28 
station or watershed used in connection with the water service; and regulate 
29 
the consumption, use or wastage of water and fix and collect charges therefor;  
30 
(viii) 
Regulate the drilling and excavation of the ground for ground water 
31 
source, laying of water, gas, sewer and other pipes, and the construction, repair 
32 
and maintenance of public drains, sewers, cesspools, tunnels and similar 
33 


21 
structures; regulate the placing of poles and the use of crosswalks, curbs and 
1 
gutters; adopt measures to ensure public safety against open canals, 
2 
manholes, live wires and other similar hazards to life and property; and 
3 
regulate the construction and use of private water closets, privies and other 
4 
similar structures in buildings and homes;  
5 
(ix) 
Regulate the placing, stringing, attaching, installing, repair and 
6 
construction of all gas mains, electric telegraph and telephone wires and 
7 
cables, conduits, meters, support structures and other similar apparatus; and 
8 
provide for the correction, condemnation and removal of the same when found 
9 
to be dangerous to the welfare of the inhabitants;  
10 
(x) 
Subject to the availability of funds and to existing laws, rules and 
11 
regulations, provide for the establishment and operation of vocational and 
12 
technical schools and similar post-secondary institutions and, with the 
13 
approval of the DepED and subject to existing laws on tuition fees, fix 
14 
reasonable tuition fees and other school charges in educational institutions 
15 
supported by the provincial government;  
16 
(xi) 
Establish an education and training scholarship fund for the poor 
17 
but deserving constituents in schools located within its jurisdiction or for 
18 
students residing within the province;  
19 
(xii) 
Approve measures and adopt quarantine regulations to prevent the 
20 
introduction and the spread of diseases within its territorial jurisdiction;  
21 
(xiii) 
Provide for the care of paupers, the aged, the sick, persons of 
22 
unsound mind, abandoned minors, abused children, disabled persons, juvenile 
23 
delinquents, drug dependents and other needy and disadvantaged persons, 
24 
particularly children and youth below eighteen (18) years of age; subject to the 
25 
availability of funds, establish and support the operation of centers and 
26 
facilities for the said needy and disadvantaged persons; and facilitate the efforts 
27 
to promote the welfare of families below the poverty threshold, the 
28 
disadvantaged and the exploited;  
29 
(xiv) 
Establish and provide for the maintenance and improvement of jails 
30 
and detention centers, institute a sound jail management program and 
31 
appropriate funds for the subsistence of detainees and convicted prisoners in 
32 
the province;  
33 


22 
  
(xv) 
Establish a provincial council whose purpose is the promotion 
1 
ofculture 
and 
the 
arts, 
coordinate 
with 
government 
agencies 
and 
2 
nongovernmental organizations and, subject to the availability of funds, 
3 
appropriate funds for the support and development of the same; and  
4 
(xvi) 
Establish a provincial council for the elderly and veterans which 
5 
shall formulate policies and adopt measures mutually beneficial to the elderly 
6 
and to the province; subject to the availability of funds, appropriate funds to 
7 
support programs and projects for the elderly; and provide incentives for 
8 
nongovernmental agencies and entities to support the programs and projects 
9 
of the elderly; and 
10 
(6) Exercise such other powers and perform such other duties and 
11 
functions as provided for under the Local Government Code of 1991, as 
12 
amended, and as may be prescribed by law or ordinance.  
13 
ARTICLE V 
14 
PROCESS OF LEGISLATION 
15 
SEC. 14. Internal Rules of Procedure.  –  (a) On the first regular session 
16 
following the election of its members and within ninety (90) days thereafter, the 
17 
sangguniang panlalawigan shall adopt its own rules of procedure.  
18 
(b) The rules of procedure shall provide for the following:  
19 
(1) 
The organization of the sanggunian and the election of its officers 
20 
as well as the creation of standing committees which shall include, but shall 
21 
not be limited to, the committees on appropriations, revenues, engineering 
22 
and public works, education and health, women and family, human rights, 
23 
youth and sports development, environmental protection, peace and order 
24 
and traffic, and cooperatives; the general jurisdiction of each committee; and 
25 
the election of the chairman and members of each committee;  
26 
(2) 
The order and calendar of business for each session;  
27 
(3) 
The legislative process;  
28 
(4) 
The parliamentary procedures which include the conduct of 
29 
members during sessions;  
30 
(5) 
The discipline of members for disorderly behavior and absences 
31 
without justifiable cause for four (4) consecutive sessions for which they may 
32 
be censured, reprimanded or excluded from the session, suspended for not 
33 


23 
more than sixty (60) days or expelled: Provided, That the penalty of 
1 
suspension or expulsion shall require the concurrence of at least two-thirds 
2 
(2/3) of all the sanggunian members:  Provided, further, That the member 
3 
convicted by final judgment to imprisonment of at least one (1) year for any 
4 
crime involving moral turpitude shall be automaticalIy expelled from the 
5 
sanggunian; and  
6 
(6) 
Such other rules as the sanggunian may adopt.  
7 
SEC. 15. Full Disclosure of Financial and Business Interests of Sangguniang 
8 
Panlalawigan Members.  –  (a) Every sangguniang panlalawigan member shall, 
9 
upon assumption to office, make a full disclosure of his business and financial 
10 
interests.  He shall also disclose any business and financial, professional 
11 
relationship or any relation by affinity or consanguinity within the fourth civil 
12 
degree, which he may have with any person, firm or entity affected by any 
13 
ordinance or resolution under consideration by the sanggunian of which he is 
14 
a member, which relationship may result in conflict of interest.  Such 
15 
relationship shall include:  
16 
(1) 
Ownership of stocks or capital, or investment in the entity or firm 
17 
to which the ordinance or resolution may apply; and  
18 
(2) 
Contracts or agreements with any person or entity which the 
19 
ordinance or resolution under consideration may affect. 
20 
In the absence of a specific constitutional or statutory provision applicable 
21 
to this situation, “conflict of interest” refers in general to one where it may be 
22 
reasonably deduced that a member of a sangguniang panlalawigan may not act 
23 
in the public interest due to some private, pecuniary or other personal 
24 
considerations that may tend to affect his judgment to the prejudice of the 
25 
service or the public.  
26 
(b) The disclosure required under this Act shall be made in writing and 
27 
submitted to the secretary of the sanggunian or the secretary of the committee 
28 
of which he is a member.  The disclosure shall, in all cases, form part of the 
29 
record of the proceedings and shall be made in the following manner:  
30 
(1) 
Disclosure shall be made before the member participates in the 
31 
deliberations on the ordinance or resolution under consideration:  Provided, 
32 
That if the member did not participate during the deliberations, the disclosure 
33 


24 
  
shall be made before voting on the ordinance or resolution on second and third 
1 
readings; and  
2 
(2) 
Disclosure shall be made when a member takes a position or makes 
3 
a privilege speech on a matter that may affect the business interest, financial 
4 
connection or professional relationship described herein.  
5 
SEC. 16.  Sessions. – (a) On the first day of session immediately following 
6 
the election of its members, the sangguniang panlalawigan shall, by resolution, 
7 
fix the day, time and place of its regular sessions. The minimum number of 
8 
regular sessions of the sangguniang panlalawigan shall be once a week. 
9 
(b) 
When the public interest so demands, special sessions may be 
10 
called by the provincial governor or by a majority of the members of the 
11 
sanggunian. 
12 
(c) 
All sanggunian sessions shall be open to the public unless a closed-
13 
door session is ordered by an affirmative vote of a majority of the members 
14 
present, there being a quorum, in the public interest or for reasons of security, 
15 
decency or morality.  No two (2) sessions, regular or special, may be held in a 
16 
single day.  
17 
(d) 
In the case of special sessions of the sanggunian, a written notice 
18 
to the members shall be served personally at the members’ usual place of 
19 
residence at least twenty-four (24) hours before the special session is held.  
20 
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian 
21 
members present, there being a quorum, no other matters may be considered 
22 
at a special session except those stated in the notice.  
23 
(e) 
The sanggunian shall keep a journal and a record of its proceedings, 
24 
which may be published upon resolution of the sangguniang panlalawigan.  
25 
SEC. 17. Quorum. – (a) A majority of all the members of the sanggunian 
26 
who have been elected and qualified shall constitute a quorum to transact 
27 
official business.  Should a question of quorum be raised during the session, 
28 
the presiding officer shall immediately proceed to call the roll of the members 
29 
and thereafter announce the results.  
30 
(b) 
Where there is no quorum, the presiding officer may declare a 
31 
recess until such time a quorum is constituted, or a majority of the members 
32 


25 
present may adjourn from day to day and may compel the immediate 
1 
attendance of any member absent without justifiable cause by designating a 
2 
member of the sanggunian, to be assisted by a member or members of the 
3 
police force assigned in the territorial jurisdiction of the province, to arrest the 
4 
absent member and present him at the session. 
5 
(c) 
If there is still no quorum despite the enforcement of the 
6 
immediately preceding subsection, no business shall be transacted. The 
7 
presiding officer, upon proper motion duly approved by the members present, 
8 
shall then declare the session adjourned for lack of quorum.  
9 
SEC. 18. Approval of Ordinances.  –  (a) Every ordinance enacted by the 
10 
sangguniang panlalawigan shall be presented to the provincial governor. If the 
11 
provincial governor approves the same, he shall affix his signature on each and 
12 
every page thereof; otherwise, he shall veto it and return the same with his 
13 
objections to the sanggunian, which may proceed to reconsider the same.  The 
14 
sanggunian may override the veto of the provincial governor by two-thirds (2/3) 
15 
vote of all its members, thereby making the ordinance or resolution effective for 
16 
all legal intents and purposes.  
17 
(b) The veto shall be communicated by the provincial governor to the 
18 
sangguniang panlalawigan within fifteen (15) days; otherwise, the ordinance 
19 
shall be deemed approved as if he had signed it.  
20 
SEC. 19. Veto Power of the Provincial Governor.  –  (a) The provincial 
21 
governor may veto any ordinance of the sangguniang panlalawigan on the 
22 
ground that it is prejudicial to the public welfare, stating his reasons thereof in 
23 
writing.  
24 
(b) 
The provincial governor shall have the power to veto any particular 
25 
item or items of an appropriations ordinance, an ordinance or resolution 
26 
adopting a local development plan and public investment program or an 
27 
ordinance directing the payment of money or creating liability. In such case, 
28 
the veto shall not affect the item or items which are not objected to. The vetoed 
29 
item or items shall not take effect unless the sangguniang panlalawigan 
30 
overrides the veto in the manner herein provided; otherwise, the item or items 
31 
in the appropriations ordinance of the previous year corresponding to those 
32 
vetoed, if any, shall be deemed reenacted.  
33 


26 
  
(c) 
The provincial governor may veto an ordinance or resolution only 
1 
once. The sanggunian may override the veto of the provincial governor by two-
2 
thirds (2/3) vote of all its members, thereby making the ordinance effective even 
3 
without the approval of the provincial governor.  
4 
ARTICLE VI 
5 
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS 
6 
SEC. 20. Permanent Vacancy in the Office of the Provincial Governor. –  (a) 
7 
If a permanent vacancy occurs in the office of the provincial governor, the 
8 
provincial vice governor shall become the provincial governor. If the provincial 
9 
vice governor refuses to assume the position of provincial governor, the highest 
10 
ranking sangguniang panlalawigan member shall become the provincial 
11 
governor.  If a permanent vacancy occurs in the office of the provincial vice 
12 
governor, the highest ranking sangguniang panlalawigan member shall become 
13 
the provincial vice governor or, in case of his permanent incapacity, the highest 
14 
ranking sangguniang panlalawigan member shall become the provincial 
15 
governor or the provincial vice governor, as the case may be. Subsequent 
16 
vacancies shall be filled automatically by other sanggunian members according 
17 
to their ranking as defined herein:  
18 
(1) 
A tie between or among the highest ranking sangguniang  
19 
panlalawigan members shall be resolved by drawing of lots;  
20 
(2) 
The successors as defined herein shall serve only the unexpired 
21 
terms of the predecessors;  
22 
(3) 
For purposes of this Act, a permanent vacancy arises when an 
23 
elective official fills a higher vacant office, refuses to assume office, fails to 
24 
qualify, dies, is removed from office, voluntarily resigns or is otherwise 
25 
permanently incapacitated to discharge the functions of his office; and  
26 
(4) 
For purposes of succession as provided for in this Act, ranking in 
27 
the sangguniang panlalawigan shall be determined on the basis of the 
28 
proportion of votes obtained by each winning candidate to the total number of 
29 
registered voters in the province in the immediately preceding local elections.  
30 
SEC. 21. Permanent Vacancies in the Sangguniang Panlalawigan.  – (a) 
31 
Permanent vacancies in the sangguniang panlalawigan where automatic 
32 


27 
succession as provided above does not apply shall be filled by appointments in 
1 
the following manner:  
2 
(1) 
The President, through the Executive Secretary, shall make the 
3 
aforesaid appointments;  
4 
(2) 
Only the nominee of the political party under which the sanggunian 
5 
member concerned had been elected shall be appointed in the manner herein 
6 
provided.  The appointee shall come from the political party as that of the 
7 
sanggunian member who caused the vacancy and shall serve the unexpired 
8 
term of the vacant office. 
9 
In the appointment herein mentioned, a nomination and a certificate of 
10 
membership of the appointee from the highest official of the political party 
11 
concerned are conditions sine qua non, and any appointment without such 
12 
nomination and certification shall be null and void ab initio and shall be a 
13 
ground for administrative action against the official responsible therefor;  
14 
(3) 
In case the permanent vacancy is caused by a sanggunian member 
15 
who does not belong to any political party, the provincial governor shall, upon 
16 
recommendation of the sangguniang panlalawigan, appoint a qualified person 
17 
to fill the vacancy; and  
18 
(4) 
In case of vacancy in the representation of the sangguniang 
19 
kabataan, the sangguniang barangay and the provincial league of councilors 
20 
in the sanggumang panlalawigan, said vacancy shall be filled automatically by 
21 
the official next-in-rank of the organization concerned.  
22 
SEC. 22. Temporary Vacancy in the Office of the Provincial Governor. –  (a) 
23 
When the provincial governor is temporarily incapacitated to perform his duties 
24 
for physical or legal reasons such as, but not limited to, leave of absence, travel 
25 
abroad, and suspension from office, the provincial vice governor shall 
26 
automatically exercise the powers and perform the duties and functions of the 
27 
provincial governor, except the power to appoint, suspend or dismiss employees 
28 
which can only be exercised if the period of temporary incapacity exceeds thirty 
29 
(30) working days.  
30 
(b) 
Said temporary incapacity shall terminate upon submission to the 
31 
sangguniang panlalawigan of a written declaration by the provincial governor 
32 
that he has reported back to office.  In case where the temporary incapacity is 
33 


28 
  
due to legal cause, the provincial governor shall also submit necessary 
1 
documents showing that the said legal cause no longer exists.  
2 
(c) 
When the provincial governor is traveling within the country but 
3 
outside territorial jurisdiction for a period not exceeding three (3) consecutive 
4 
days, he may designate in writing the officer-in-charge of his office. Such 
5 
authorization shall specify the powers and functions that the local official 
6 
concerned shall exercise in the absence of the provincial governor, except the 
7 
power to appoint, suspend or dismiss employees.  
8 
(d) 
In the event, however, that the provincial governor fails or refuses 
9 
to issue such authorization, the provincial vice governor shall have the right to 
10 
assume the powers, duties and functions of the said office on the fourth (4th) 
11 
day of absence of the provincial governor, subject to the limitations provided 
12 
for in subsection (c) hereof.  
13 
(e) 
Except as provided above, the provincial governor shall, in no case, 
14 
authorize any local official to assume the powers, duties and functions of the 
15 
office other than the provincial vice governor.  
16 
ARTICLE VII 
17 
APPOINTIVE PROVINCIAL OFFICIALS:  
18 
THEIR QUALIFICATIONS, POWERS AND DUTIES 
19 
SEC. 23. The Secretary to the Sangguniang Panlalawigan. –  
20 
(a) 
There shall be a secretary to the sangguniang panlalawigan who 
21 
shall be a career official with the rank and salary equal to a head of a 
22 
department or office.  
23 
(b) 
No person shall be appointed secretary to the sanggunian unless he 
24 
is a citizen of the Philippines, a resident of the province, of good moral 
25 
character, a holder of a master’s degree preferably in law, commerce or public 
26 
administration from a recognized college or university, and a first grade civil 
27 
service eligible or its equivalent.  
28 
(c) 
The secretary to the sangguman shall take charge of the office of 
29 
the sangguniang panlalawigan, and shall:  
30 
(1) 
Attend meetings of the sanggunian and keep a journal of its 
31 
proceedings;  
32 


29 
(2) 
Keep the seal of the LGU and affix the same with his signature to 
1 
all ordinances, resolutions and other official acts of the sanggunian and present 
2 
the same to the presiding officer for his signature;  
3 
(3) 
Forward to the provincial governor, for approval, copies of 
4 
ordinances enacted by the sanggunian and duly certified by the presiding 
5 
officer, in the manner provided for in Section 54 of the Local Government Code 
6 
of 1991, as amended;  
7 
(4) 
Forward to the sangguniang bayan or sangguniang panlungsod, as 
8 
the case may be, copies of duly approved ordinances in the manner provided 
9 
for in Sections 56 and 57 of the Local Government Code of 1991, as amended;  
10 
(5) 
Furnish, upon the request of any interested party, certified copies 
11 
of records of public character in his custody, upon payment to the treasurer of 
12 
such  fees as may be prescribed by ordinance;  
13 
(6) 
Record in a book kept for the purpose, all ordinances and 
14 
resolutions enacted or adopted by the sanggunian, with the dates of passage 
15 
and publication thereof;  
16 
(7) 
Keep his office and all nonconfidential records therein open to the 
17 
public during usual business hours;  
18 
(8) 
Translate into the dialect used by the majority of the inhabitants, 
19 
all ordinances and resolutions immediately after their approval, and cause the 
20 
publication of the same together with the original version in the manner 
21 
provided for under the Local Government Code of 1991, as amended; and  
22 
(9) 
Take custody of the local archives and, where applicable, the local 
23 
library and annually account for the same.  
24 
(d) Exercise such other powers and perform such other duties and 
25 
functions as may be prescribed by law or ordinance relative to his position.  
26 
SEC. 24. The Provincial Treasurer. – (a) The provincial treasurer shall be 
27 
appointed by the Secretary of Finance from a list of at least three (3) ranking 
28 
eligible recommendees of the provincial governor, subject to civil service law, 
29 
rules and regulations.  
30 
(b) 
The provincial treasurer shall be under the administrative 
31 
supervision of the provincial governor, to whom he shall report regularly on the 
32 
tax collection efforts in the LGU.  
33 


30 
  
(c) 
No person shall be appointed provincial treasurer unless he is a 
1 
citizen of the Philippines, a resident of the province, of good moral character, a 
2 
holder of a college degree preferably in commerce, public administration or law 
3 
from a recognized college or university, and a first grade civil service eligible or 
4 
its equivalent. He must have acquired experience in treasury or accounting 
5 
service for at least five (5) years.  
6 
The appointment of the provincial treasurer shall be mandatory.  
7 
(d) 
He shall take charge of the treasury office and perform the duties 
8 
as provided for under Book II of the Local Government Code of 1991, as 
9 
amended, and shall:  
10 
(1) 
Advise the provincial governor or the sanggunian, as the case may 
11 
be, and other local government and national officials concerned regarding 
12 
disposition of local government funds and on such other matters relative to 
13 
public finance;  
14 
(2) 
Take custody and exercise proper management of the funds of the  
15 
LGU concerned;  
16 
(3) 
Take charge of the disbursement of all local government funds and 
17 
such other funds, the custody of which may be entrusted to him by law or other 
18 
competent authority;  
19 
(4) 
Inspect private commercial and industrial establishments within 
20 
the jurisdiction of the province in relation to the implementation of tax 
21 
ordinances, pursuant to the provisions under Book II of the Local Government 
22 
Code of  
23 
1991, as amended;  
24 
(5) 
Maintain and update the tax information system of the LGU; and 
25 
(6) 
Exercise technical supervision over all treasury offices of 
26 
component cities and municipalities.  
27 
(e) Exercise such other powers and perform such other duties and 
28 
functions as may be prescribed by law or ordinance.  
29 
SEC. 25. The Provincial Assessor.  –  (a) No person shall be appointed 
30 
provincial assessor unless he is a citizen of the Philippines, a resident of the 
31 
province, of good moral character, a holder of a college degree preferably in civil 
32 
or mechanical engineering, commerce or any other related course from a 
33 


31 
recognized college or university, and a first grade civil service eligible or its 
1 
equivalent. He must have acquired experience in real property assessment work 
2 
or in any related field for at least five (5) years.  
3 
The appointment of the provincial assessor shall be mandatory.  
4 
(b) The provincial assessor shall take charge of the assessor’s office and 
5 
perform the duties as provided for under Book II of the Local Government Code 
6 
of 1991, as amended, and shall:  
7 
(1) 
Ensure that all laws and policies governing the appraisal and 
8 
assessment of real properties for taxation purposes are properly executed;  
9 
(2) 
Initiate, review and recommend changes in policies and objectives, 
10 
plans and programs, techniques, procedures and practices in the valuation and 
11 
assessment of real properties for taxation purposes;  
12 
(3) 
Establish a systematic method of real property assessment;  
13 
(4) 
Install and maintain a real property identification and accounting 
14 
system;  
15 
(5) 
Prepare, install and maintain a system of tax mapping, showing 
16 
graphically all properties subject to assessment and gather all data concerning 
17 
the same;  
18 
(6) 
Conduct frequent physical surveys to verify and determine whether 
19 
all real properties within the province are properly listed in the assessment 
20 
rolls;  
21 
(7) 
Exercise the functions of appraisal and assessment primarily for 
22 
taxation purposes of all real properties in the province;  
23 
(8) 
Prepare a schedule of the fair market value of the different classes 
24 
of real properties in accordance with Title 2, Book II of the Local Government  
25 
Code of 1991, as amended;  
26 
(9) 
Issue, upon request of any interested party, certified copies of 
27 
assessment records of real properties and all other records relative to its 
28 
assessment, upon payment of a service charge or fee to the provincial treasurer;  
29 
(10) 
Submit every semester a report of all assessments, as well as 
30 
cancellations and modifications of assessments to the provincial governor and 
31 
the sangguniang panlalawigan; and  
32 


32 
  
(11) 
Exercise technical supervision and visitorial functions over all 
1 
component city and municipal assessors, coordinate with component city or 
2 
municipal assessors in the conduct of tax mapping operations and all other 
3 
assessment activities, and provide all forms of assistance therefor:  Provided, 
4 
however, That, upon full provision by the component city or municipality 
5 
concerned to its assessor’s office of the minimum personnel, equipment and 
6 
funding requirements as may be prescribed by the Secretary of Finance, such 
7 
functions shall be delegated to the said city or municipal assessors.  
8 
(c) Exercise such other powers and perform such other duties and 
9 
functions as may be prescribed by law or ordinance.  
10 
SEC. 26. The Provincial Accountant. – (a) No person shall be appointed 
11 
provincial accountant unless he is a citizen of the Philippines, a resident of the 
12 
province, of good moral character and a certified public accountant. He must 
13 
have acquired experience in the treasury or accounting service for at least five 
14 
(5) years.  
15 
The appointment of the provincial accountant is mandatory.  
16 
(b) The provincial accountant shall take charge of both the accounting and 
17 
internal audit services of the province, and shall:  
18 
(1) 
Install and maintain an internal audit system in the province;  
19 
(2) 
Prepare and submit financial statements to the provincial governor 
20 
and to the sangguniang panlalawigan;  
21 
(3) 
Apprise the sanggunian and other local government officials on the 
22 
financial condition and operations of the provincial government;  
23 
(4) 
Certify to the availability of budgetary allotment to which 
24 
expenditures and obligations may be properly charged;  
25 
(5) 
Review supporting documents before the preparation of vouchers to 
26 
determine completeness of requirements;  
27 
(6) 
Prepare statements of cash advances, liquidations, salaries, 
28 
allowances, reimbursements and remittances pertaining to the provincial 
29 
government;  
30 
(7) 
Prepare statements of journal vouchers and liquidations of the 
31 
same and other adjustments related thereto;  
32 


33 
(8) 
Post individual disbursements to the subsidiary ledgers and index 
1 
cards;  
2 
(9) 
Maintain individual ledgers for officials and employees of the 
3 
provincial government pertaining to payrolls and deductions;  
4 
(10) 
Record and post in index cards details of purchased furniture, 
5 
fixtures and equipment, including disposal thereof, if any;  
6 
(11) 
Account for all issued requests for obligations and maintain and 
7 
keep all records and reports related thereto;  
8 
(12) 
Prepare journals and the analysis of obligations and maintain and 
9 
keep all records and reports related thereto.  
10 
(c) Exercise such other powers and perform such other duties and 
11 
functions as may be provided by law or ordinance.  
12 
SEC. 27. The Provincial Budget Officer.  –  (a) No person shall be appointed 
13 
provincial budget officer unless he is a citizen of the Philippines, a resident of 
14 
the province, of good moral character, a holder of a college degree preferably in 
15 
accounting, economics, public administration or any related course from a 
16 
recognized college or university, and a first grade civil service eligible or its 
17 
equivalent.  He· must have acquired experience in government budgeting or in 
18 
any related field for at least five (5) years.  
19 
The appointment of the provincial budget officer shall be mandatory.  
20 
(b) The provincial budget officer shall take charge of the budget office, and 
21 
shall:  
22 
(1) 
Prepare forms, orders and circulars embodying instructions on 
23 
budgetary and appropriation matters for the signature of the provincial 
24 
governor;  
25 
(2) 
Review and consolidate the budget proposals of different  
26 
departments and offices of the province;  
27 
(3) 
Assist the provincial governor in the preparation of the budget and 
28 
during the budget hearings;  
29 
(4) 
Study and evaluate budgetary implications of proposed legislation 
30 
and submit comments and recommendations thereon;  
31 
(5) 
Submit periodic budgetary reports to the Department of Budget and  
32 
Management (DBM);  
33 


34 
  
(6) 
Coordinate with the provincial treasurer, the provincial accountant 
1 
and the provincial planning and development coordinator for the purpose of 
2 
budgeting;  
3 
(7) 
Assist the sangguniang panlalawigan in reviewing the approved 
4 
budgets of the component cities and municipalities; and 
5 
(8) 
Coordinate with the provincial planning and development 
6 
coordinator in the formulation of the provincial development plan.  
7 
(c) 
Exercise such other powers and perform such other duties and 
8 
functions as may be prescribed by law or ordinance.  
9 
(d) 
The appropriations for personal services of the budget officer shall 
10 
be provided for in full in the annual budget of the provincial government.  
11 
SEC. 28. The Provincial Planning and Development Coordinator.  – (a) No 
12 
person shall be appointed provincial planning and development coordinator 
13 
unless he is a citizen of the Philippines, a resident of the province, of good moral 
14 
character, a holder of a college degree preferably in urban planning, 
15 
development studies, economics, public administration or in any related course 
16 
from a recognized college or university, and a first grade civil service eligible or 
17 
its equivalent. He must have acquired experience in development planning or 
18 
in any related field for at least five (5) years.  
19 
The appointment of the provincial planning and development coordinator 
20 
shall be mandatory to the provincial government.  
21 
(b) The provincial planning and development coordinator shall take charge 
22 
of the planning and development office, and shall:  
23 
(1) 
Formulate integrated economic, social, physical and other 
24 
development plans and policies for consideration of the local government 
25 
development council;  
26 
(2) 
Conduct continuing studies, researches and training programs 
27 
necessary to evolve plans and programs for implementation;  
28 
(3) 
Integrate and coordinate all sectoral plans and studies undertaken 
29 
by the different functional groups and agencies;  
30 


35 
(4) 
Monitor and evaluate the implementation of the different 
1 
development programs, projects and activities in the province in accordance 
2 
with the approved development plan;  
3 
(5) 
Prepare comprehensive plans and other development planning 
4 
documents for the consideration of the provincial development council;  
5 
(6) 
Analyze the income and expenditure patterns, and formulate and 
6 
recommend fiscal plans and policies for consideration of the finance committee 
7 
of the province;  
8 
(7) 
Promote people’s participation in development planning within the 
9 
province; and 
10 
(8) 
Exercise supervision and control over the secretariat of the 
11 
provincial development council.  
12 
(c) Exercise such other powers and perform such other functions and 
13 
duties as may be prescribed by law or ordinance.  
14 
SEC. 29. The Provincial Engineer.  –  (a) No person shall be appointed 
15 
provincial engineer unless he is a citizen of the Philippines, a resident of the 
16 
province, of good moral character and a licensed civil engineer.  He must have 
17 
acquired experience in the practice of his profession for at least five (5) years.  
18 
The appointment of the provincial engineer shall be mandatory.  
19 
(b) The provincial engineer shall take charge of the engineering office, and 
20 
shall:  
21 
(1) 
Initiate, review and recommend changes in policies and objectives, 
22 
plans and programs, techniques, procedures and practices in infrastructure 
23 
development and public works in general of the province;  
24 
(2) 
Advise the provincial governor on infrastructure, public works and 
25 
other engineering matters;  
26 
(3) 
Administer, coordinate, supervise and control the construction, 
27 
maintenance, improvement and repair of roads, bridges and other engineering 
28 
and public works projects of the province;  
29 
(4) 
Provide 
engineering 
services 
to 
the 
province, 
including 
30 
investigations and surveys, engineering designs, feasibility studies and project 
31 
management; and 
32 


36 
  
(5) 
Exercise technical supervision over all engineering offices of the 
1 
component cities and municipalities. 
2 
(c) Exercise such other powers and perform such other duties and 
3 
functions as may be prescribed by law or ordinance.  
4 
SEC. 30. The Provincial Health Officer. – (a) No person shall be appointed 
5 
provincial health officer unless he is a citizen of the Philippines, a resident of 
6 
the province, of good moral character and a licensed medical practitioner. He 
7 
must have acquired experience in the practice of his profession for at least five 
8 
(5) years.  
9 
The appointment of the provincial health officer shall be mandatory.  
10 
(b) The provincial health officer shall take charge of the office on health 
11 
services, and shall:  
12 
(1) 
Supervise the personnel and staff of the said office, formulate 
13 
program implementation guidelines and rules and regulations for the operation 
14 
of the said office for the approval of the provincial governor in order to assist 
15 
him in the efficient, effective and economical implementation of health services 
16 
programs geared to the implementation of health-related projects and 
17 
activities;  
18 
(2) 
Formulate measures for the consideration of the sangguniang 
19 
panlalawigan and provide technical assistance and support to the provincial 
20 
governor in carrying out activities to ensure the delivery of basic services and 
21 
the provision of adequate facilities relative to health services as provided for 
22 
under Section 17 of the Local Government Code of 1991, as amended;  
23 
(3) 
Develop plans and strategies and, upon approval thereof by the 
24 
provincial governor, implement the same, particularly those which have to do 
25 
with health programs and projects which the provincial governor is empowered 
26 
to implement and which the sanggunian is empowered to provide for under the 
27 
Local Government Code of 1991, as amended;  
28 
(4) 
In addition to the foregoing duties and functions, the provincial 
29 
health officer shall:  
30 
(i) 
Formulate and implement policies, plans, programs and projects to 
31 
promote the health of the people of the province;  
32 


37 
(ii) 
Advise the provincial governor and the sanggunian on matters 
1 
pertaining to health;  
2 
(iii) 
Execute and enforce all laws, ordinances and regulations relating 
3 
to public health;  
4 
(iv) 
Recommend to the sanggunian, through the provincial health 
5 
board, the passage of such ordinances as he may deem necessary for the 
6 
preservation of public health;  
7 
(v) 
Recommend the prosecution of any violation of sanitary laws, 
8 
ordinances and regulations;  
9 
(vi) 
Direct the sanitary inspection of all business establishments selling 
10 
food items or providing accommodations, such as hotels, motels, lodging 
11 
houses, pension houses and the like, in accordance with the Sanitation Code 
12 
of the Philippines;  
13 
(vii) 
Conduct health information campaigns and render health  
14 
intelligence services;  
15 
(viii) 
Coordinate with other government agencies and nongovernmental 
16 
organizations involved in the promotion and delivery of health services; and  
17 
(ix) 
Exercise general supervision over health offices of component cities 
18 
and municipalities; and  
19 
(5) Be in the frontline of the delivery of health services, particularly during 
20 
and in the aftermath of man-made and natural disasters or calamities.  
21 
(c) Exercise such other powers and perform such other duties and 
22 
functions as may be prescribed by law or ordinance.  
23 
SEC. 31. The Provincial Civil Registrar. – (a) No person shall be appointed 
24 
provincial civil registrar unless he is a citizen of the Philippines, a resident of 
25 
the province, of good moral character, a holder of a college degree from a 
26 
recognized college or university, and a first grade civil service eligible or its 
27 
equivalent.  He must have acquired experience in civil registry work for at least 
28 
five (5) years.  
29 
The appointment of a provincial civil registrar shall be optional.  
30 
(b) The provincial civil registrar shall be responsible for the civil registration 
31 
program in the province, pursuant to the Civil Registry Law, the Civil Code and 
32 
other pertinent laws, rules and regulations issued to implement them.  
33 


38 
  
The provincial civil registrar shall take charge of the office of the civil 
1 
registry, and shall:  
2 
(1) 
Develop plans and strategies and, upon approval thereof by the 
3 
provincial governor, implement the same, particularly those which have to do 
4 
with civil registry programs and projects which the provincial governor and the 
5 
sanggunian is empowered to provide for under the Local Government Code of  
6 
1991, as amended;  
7 
(2) 
In addition to the foregoing duties and functions, the provincial civil 
8 
registrar shall:  
9 
(i) 
Accept all registrable documents and judicial decrees affecting the 
10 
civil status of persons;  
11 
(ii) 
File, keep and preserve in a secure place the books required by law;  
12 
(iii) 
Transcribe and enter immediately upon receipt all registrable 
13 
documents and judicial decrees affecting the civil status of persons in the 
14 
appropriate civil registry books;  
15 
(iv) 
Transmit to the Office of the Civil Registrar-General, within the 
16 
prescribed period, duplicate copies of registered documents required by law;  
17 
(v) 
Issue certified transcripts or copies of any certificate or registered 
18 
document upon payment of the prescribed fees to the provincial treasurer;  
19 
(vi) 
Receive applications for the issuance of a marriage license and, after 
20 
determining that the requirements and supporting certificates and publication 
21 
thereof for the prescribed period have been complied with, issue the license 
22 
upon payment of the authorized fee to the provincial treasurer; and 
23 
(vii) 
Coordinate with the National Statistics Office (NSO) in conducting 
24 
educational campaigns for vital registration and assist in the preparation of 
25 
demographic and other statistics for the province.  
26 
(c) Exercise such other powers and perform such other duties and 
27 
functions as may be prescribed by law or ordinance.  
28 
SEC. 32. The Provincial Administrator. – (a) No person shall be appointed 
29 
provincial administrator unless he is a citizen of the Philippines, a resident of 
30 
the province, of good moral character, a holder of a college degree preferably in 
31 
public administration, law or any related course from a recognized college or 
32 
university, and a first grade civil service eligible or its equivalent. He must have 
33 


39 
acquired experience in management and administration work for at least five 
1 
(5) years.  
2 
The term of the provincial administrator is coterminous with that of his 
3 
appointing authority.  
4 
The appointment of the provincial administrator shall be mandatory.  
5 
(b) The provincial administrator shall take charge of the office of the 
6 
administrator, and shall:  
7 
(1) 
Develop plans and strategies and, upon approval thereof by the 
8 
provincial governor, implement the same, particularly those which have to do 
9 
with the management and administration-related programs and projects which 
10 
the provincial governor is empowered to implement and which the sanggunian 
11 
is empowered to provide for under the Local Government Code of 1991, as 
12 
amended;  
13 
(2) 
In addition to the foregoing duties and functions, the provincial 
14 
administrator shall:  
15 
(i) 
Assist in the coordination of the work of all the officials of the 
16 
province under the supervision, direction and control of the provincial governor 
17 
and, for this purpose, he may convene the chiefs of offices and other officials of 
18 
the province;  
19 
(ii) 
Establish and maintain a sound personnel program for the province 
20 
designed to promote career development and uphold the merit principle in the 
21 
province; and  
22 
(iii) 
Conduct a continuing organizational development of the province 
23 
with the end in view of instituting effective administrative reforms;  
24 
(3) 
Be in the frontline of the delivery of administrative support services, 
25 
particularly those related to the situations during and in the aftermath of man-
26 
made and natural disasters or calamities; and 
27 
(4) 
Recommend to the sanggunian and advise the provincial governor 
28 
on all other matters relative to the management and administration of the 
29 
province.  
30 
(c) Exercise such other powers and perform such other duties and 
31 
functions as may be prescribed by law or ordinance.  
32 


40 
  
SEC. 33. The Provincial Legal Officer. – (a) No person shall be appointed 
1 
provincial legal officer unless he is a citizen of the Philippines, a resident of the 
2 
province, of good moral character and a member of the Philippine Bar. He must 
3 
have practiced his profession for at least five (5) years.  
4 
The term of the provincial legal officer shall be coterminous with that of his 
5 
appointing authority.  
6 
The appointment of the provincial legal officer shall be mandatory.  
7 
(b) The provincial legal officer, the chief legal counsel of the province, shall 
8 
take charge of the office for legal services, and shall:  
9 
(1) 
Formulate measures for the consideration of the sanggunian and 
10 
provide legal assistance and support to the provincial governor in carrying out 
11 
the delivery of basic services and the provision of adequate facilities as provided 
12 
for under Section 17 of the Local Government Code of 1991, as amended;  
13 
(2) 
Develop plans and strategies and, upon approval thereof by the 
14 
provincial governor, implement the same, particularly those which have to do 
15 
with the programs and projects related to legal services which the provincial 
16 
governor is empowered to implement and which the sanggunian is empowered 
17 
to provide for under the Local Government Code of 1991, as amended;  
18 
(3) 
In addition to the foregoing duties and functions, the provincial 
19 
legal officer shall:  
20 
(i) 
Represent the province in all civil actions and special proceedings 
21 
wherein the province or any official thereof, in his official capacity, is a party: 
22 
Provided, That actions or proceedings where a component city or municipality 
23 
is a party adverse to the provincial government or to another component city 
24 
or municipality, a special legal officer may be employed to represent the adverse 
25 
party;  
26 
(ii) 
When required by the provincial governor or the sanggunian, draft 
27 
ordinances, contracts, bonds, leases and other instruments involving any 
28 
interest of the province and provide comments and recommendations on any 
29 
instrument already drawn;  
30 
(iii) 
Render his opinion in writing on any question of law when 
31 
requested to do so by the provincial governor or the sanggunian;  
32 


41 
(iv) 
Investigate or cause to be investigated any provincial official or 
1 
employee for administrative neglect or misconduct in office and recommend 
2 
appropriate action to the provincial governor or the sangguniang panlalawigan;  
3 
(v) 
Investigate or cause to be investigated any person, firm or 
4 
corporation holding any franchise or exercising any public privilege for failure 
5 
to comply with any term or condition in the grant of such franchise or privilege, 
6 
and recommend appropriate action to the provincial governor or the 
7 
sanggunian;  
8 
(vi) 
When directed by the provincial governor or the sanggunian, initiate 
9 
and prosecute, in the interest of the province, any civil action on any bond, 
10 
lease or other contract upon any breach or violation thereof; and  
11 
(vii) 
Review and submit recommendations on ordinances approved and 
12 
executive orders issued by component cities and municipalities; 
13 
(4) 
Recommend measures to the sangguniang panlalawigan and advise 
14 
the provincial governor on all other matters related to the upholding of the rule 
15 
of law; and 
16 
(5) 
Be in the frontline of protecting human rights and prosecuting any 
17 
violation thereof, particularly those which occur during and in the aftermath of 
18 
man-made and natural disasters or calamities.  
19 
(c) Exercise such other powers and perform such other duties and 
20 
functions as may be prescribed by law or ordinance.  
21 
SEC. 34. The Provincial Agriculturist. – (a) No person shall be appointed 
22 
provincial agriculturist unless he is a citizen of the Philippines, a resident of 
23 
the province, of good moral character, a holder of a college degree in agriculture 
24 
or in any related course from a recognized college or university, and a first grade 
25 
civil service eligible or its equivalent. He must have acquired experience in a 
26 
related field for at least five (5) years.  
27 
The appointment of the provincial agriculturist shall be mandatory.  
28 
(b) The provincial agriculturist shall take charge of the office for 
29 
agricultural services, and shall:  
30 
(1) 
Formulate measures for the approval of the sanggunian and provide 
31 
technical assistance and support to the provincial governor in carrying out said 
32 
measures to ensure the delivery of basic services and the provision of adequate 
33 


42 
  
facilities relative to agricultural services as provided for under Section 17 of the 
1 
Local Government Code of 1991, as amended;  
2 
(2) 
Develop plans and strategies and, upon approval thereof by the 
3 
provincial governor, implement the same, particularly those which have to do 
4 
with the agricultural programs and projects which the provincial governor is 
5 
empowered to implement and which the sanggunian is empowered to provide 
6 
for under the Local Government Code of 1991, as amended;  
7 
(3) 
In addition to the foregoing duties and functions, the provincial 
8 
agriculturist shall:  
9 
(i) 
Ensure that maximum assistance and access to resources in the 
10 
production, processing and marketing of agricultural and aquacultural and 
11 
marine products are extended to farmers, fishermen and local entrepreneurs;  
12 
(ii) 
Conduct or cause to be conducted location-specific agricultural 
13 
researches and assist in making available the appropriate technology arising 
14 
out of and disseminating information on basic research on crops, prevention 
15 
and control of plant diseases and pests, and other agricultural matters which 
16 
will maximize productivity;  
17 
(iii) 
Assist the provincial governor in the establishment and extension 
18 
services of demonstration farms on aquaculture and marine products;  
19 
(iv) 
Enforce rules and regulations relating to agriculture and 
20 
aquaculture; and  
21 
(v) 
Coordinate with government agencies and nongovernmental 
22 
organizations which promote agricultural productivity through appropriate 
23 
technology compatible with environmental integrity;  
24 
(4) 
Be in the frontline of the delivery of basic agricultural services, 
25 
particularly those needed for the survival of the inhabitants during and in the 
26 
aftermath of man-made and natural disasters or calamities; and 
27 
(5) 
Recommend to the sanggunian and advise the provincial governor 
28 
on all other matters related to agriculture and aquaculture which will improve 
29 
the livelihood and living conditions of the inhabitants.   
30 
(c) Exercise such other powers and perform such other duties and 
31 
functions as may be prescribed by law or ordinance.  
32 


43 
SEC. 35. The Provincial Social Welfare and Development Officer.  – (a) No 
1 
person shall be appointed provincial social welfare and development officer 
2 
unless he is a citizen of the Philippines, a resident of the province, of good moral 
3 
character, a duly licensed social worker, a holder of a college degree preferably 
4 
in sociology or in any related course from a recognized college or university, 
5 
and a first grade civil service eligible or its equivalent. He must have acquired 
6 
experience in the practice of social work for at least five (5) years.  
7 
The appointment of the provincial social welfare and development officer 
8 
shall be mandatory.  
9 
(b) The provincial social welfare and development officer shall take charge 
10 
of the office on social welfare and development services, and shall:  
11 
(1) 
Formulate measures for the approval of the sanggunian and provide 
12 
technical assistance and support to the provincial governor in carrying out 
13 
measures to ensure the delivery of basic services and the provision of adequate 
14 
facilities relative to social welfare and development services as provided for 
15 
under Section 17 of the Local Government Code of 1991, as amended;  
16 
(2) 
Develop plans and strategies and, upon approval thereof by the 
17 
provincial governor, implement the same, particularly those which have to do 
18 
with the social welfare programs and projects which the provincial governor is 
19 
empowered to implement and which the sanggunian is empowered to provide 
20 
for under the Local Government Code of 1991, as amended;  
21 
(3) 
In addition to the foregoing duties, the provincial social welfare and 
22 
development officer shall:  
23 
(i) 
Identify the basic needs of the needy, the disadvantaged and the 
24 
impoverished and develop and implement appropriate measures to alleviate 
25 
their problems and improve their living conditions;  
26 
(ii) 
Provide relief and appropriate crisis intervention for victims of 
27 
abuse and exploitation and recommend appropriate measures to deter further 
28 
abuse and exploitation;  
29 
(iii) 
Assist the provincial governor in implementing the barangay level 
30 
program for the total development and protection of children up to six (6) years 
31 
of age;  
32 


44 
  
(iv) 
Facilitate the implementation of welfare programs for the disabled, 
1 
the elderly and victims of drug addiction, the rehabilitation of prisoners and 
2 
parolees, the prevention of juvenile delinquency and such other activities which 
3 
would eliminate or minimize the ill-effects of poverty;  
4 
(v) 
Initiate and support welfare programs that will enhance the role of 
5 
the youth in nation-building; and 
6 
(vi) 
Coordinate with government agencies and nongovernmental 
7 
organizations which have for their purpose the promotion and the protection of 
8 
all needy, disadvantaged, underprivileged or impoverished groups or 
9 
individuals, particularly those identified to be vulnerable and high-risk to 
10 
exploitation, abuse or neglect; 
11 
(4) 
Be in the frontline of service delivery, particularly those which have 
12 
to do with the immediate relief and assistance during and in the aftermath of 
13 
man-made and natural disasters or calamities; and 
14 
(5) 
Recommend to the sanggunian and advise the provincial governor 
15 
on all other matters related to social welfare and development service which 
16 
will improve the livelihood and living conditions of the inhabitants. 
17 
(c) Exercise such other powers and perform such other duties and 
18 
functions as may be prescribed by law or ordinance. 
19 
SEC. 36. The Provincial Environment and Natural Resources Officer. –  (a) 
20 
No person shall be appointed provincial environment and natural resources 
21 
officer unless he is a citizen of the Philippines, a resident of the province, of 
22 
good moral character, a holder of a college degree preferably in environment, 
23 
forestry, agriculture or any related course from a recognized college or 
24 
university, and a first grade civil service eligible or its equivalent. He must have 
25 
acquired experience in environmental and natural resources management, 
26 
conservation and utilization for at least five (5) years. 
27 
The appointment of the provincial environment and natural resources 
28 
officer shall be mandatory.  
29 
(b) The provincial environment and natural resources officer shall take 
30 
charge of the office on environment and natural resources, and shall:  
31 


45 
(1) 
Formulate measures for the consideration of the sanggunian and 
1 
provide technical assistance and support to the provincial governor in carrying 
2 
out measures to ensure the delivery of basic services and the provision of 
3 
adequate facilities relative to environment and natural resources services as 
4 
provided for under Section 17 of the Local Government Code of 1991, as 
5 
amended;  
6 
(2) 
Develop plans and strategies and, upon approval thereof by the 
7 
provincial governor, implement the same, particularly those which have to do 
8 
with the environment and natural resources programs and projects which the 
9 
provincial governor is empowered to implement and which the sanggunian is 
10 
empowered to provide for under the Local Government Code of 1991, as 
11 
amended;  
12 
(3) 
In addition to the foregoing duties and functions, the provincial 
13 
environment and natural resources officer shall:  
14 
(i) 
Ensure that maximum assistance and access to resources in the 
15 
production, processing and marketing of agricultural and aquacultural and 
16 
marine products are extended to farmers, fishermen and local entrepreneurs;  
17 
(ii) 
Establish, maintain, protect and preserve communal forests, 
18 
watersheds, tree parks, mangroves, greenbelts, commercial forests and similar 
19 
forest projects like industrial tree farms and agro-forestry projects;  
20 
(iii) 
Provide extension services to beneficiaries of forest development 
21 
projects and technical, financial and infrastructure assistance;  
22 
(iv) 
Manage and maintain seedbanks and produce seedlings for forests 
23 
and tree parks;  
24 
(v) 
Provide extension services to beneficiaries of forest development 
25 
projects and render assistance for natural resources-related conservation and 
26 
utilization activities consistent with ecological balance;  
27 
(vi) 
Promote small-scale mining and the utilization of mineral 
28 
resources, particularly the mining of gold; and 
29 
(vii) 
Coordinate with government agencies and nongovernmental 
30 
organizations in the implementation of measures to prevent and control land, 
31 
air and water pollution with the assistance of the Department of Environment 
32 
and Natural Resources (DENR);  
33 


46 
  
(4) 
Be in the frontline of the delivery of basic services concerning the 
1 
environment and natural resources, particularly in the renewal and 
2 
rehabilitation of the environment during and in the aftermath of man-made 
3 
and natural disasters or calamities; and 
4 
(5) 
Recommend to the sanggunian and advise the provincial governor 
5 
on all other matters relative to the protection, conservation, maximum 
6 
utilization, application of appropriate technology and other matters related to 
7 
the environment and natural resources.  
8 
(c) Exercise such other powers and perform such other duties and 
9 
functions as may be prescribed by law or ordinance.  
10 
SEC. 37. The Provincial Veterinarian. – (a) No person shall be appointed 
11 
provincial veterinarian unless he is a citizen of the Philippines, a resident of the 
12 
province, of good moral character and a licensed doctor of veterinary medicine. 
13 
He must have practiced his profession for at least three  
14 
(3) 
years.  
15 
The appointment of the provincial veterinarian shall be mandatory.  
16 
(b) The provincial veterinarian shall take charge of the office for veterinary 
17 
services, and shall:  
18 
(1) 
Formulate measures for the consideration of the sanggunian 
19 
and provide technical assistance and support to the provincial governor 
20 
in carrying out measures to ensure the delivery of basic services and the 
21 
provision of adequate facilities pursuant to Section 17 of the Local 
22 
Government Code of 1991, as amended;  
23 
(2) 
Develop plans and strategies and, upon approval thereof by 
24 
the provincial governor, implement the same, particularly those which 
25 
have to do with the veterinary-related activities which the provincial 
26 
governor is empowered to implement and which the sanggunian is 
27 
empowered to provide for under the Local Government Code of 1991, as 
28 
amended;  
29 
(3) 
In addition to the foregoing duties and functions, the 
30 
provincial veterinarian shall: 
31 


47 
(i) 
Advise the provincial governor on all matters pertaining to the 
1 
slaughter of animals for human consumption and the regulation of 
2 
slaughterhouses;  
3 
(ii) 
Regulate the keeping of domestic animals;  
4 
(iii) 
Regulate and inspect poultry, milk and dairy products for 
5 
public consumption;  
6 
(iv) 
Enforce all laws and regulations for the prevention of cruelty 
7 
to animals; and  
8 
(v) 
Take the necessary measures to eradicate, prevent or cure all 
9 
forms of animal diseases;  
10 
(4) 
Be in the frontline of veterinary-related activities, such as in the 
11 
outbreak of highly contagious and deadly diseases and in situations resulting 
12 
in the depletion of animals for work and for human consumption, particularly 
13 
those arising from and in the aftermath of man-made and natural disasters or 
14 
calamities; and 
15 
(5) 
Recommend to the sanggunian and advise the provincial governor 
16 
on all other matters relative to veterinary services which will increase the 
17 
number and improve the quality of livestock, poultry and other domestic 
18 
animals used for work or for human consumption.  
19 
(c) Exercise such other powers and perform such other duties and 
20 
functions as may be prescribed by law or ordinance.  
21 
SEC. 38. The Provincial General Services Officer.  –  (a) No person shall be 
22 
appointed provincial general services officer unless he is a citizen of the 
23 
Philippines, a resident of the province, of good moral character, a holder of a 
24 
college degree in public administration, business administration or 
25 
management from a recognized college or university and a first grade civil 
26 
service eligible or its equivalent.  He must have acquired experience in general 
27 
services, including the management of supply, property, solid waste disposal 
28 
and general sanitation for at least five (5) years.  
29 
The appointment of the provincial general services officer shall be 
30 
mandatory.  
31 
(b) The provincial general services officer shall take charge of the office of 
32 
general services, and shall:  
33 


48 
  
(1) 
Formulate measures for the consideration of the sanggunian and 
1 
provide technical assistance and support to the provincial governor in carrying 
2 
out measures to ensure the delivery of basic services and the provision of 
3 
adequate facilities pursuant to Section 17 of the Local Government Code of 
4 
1991, as amended, and which require general services expertise and technical 
5 
support services;  
6 
(2) 
Develop plans and strategies and, upon approval thereof by the 
7 
provincial governor, implement the same, particularly those which have to do 
8 
with general services supportive to the welfare of the inhabitants which the 
9 
provincial governor is empowered to implement and which the sanggunian is 
10 
empowered to provide for under the Local Government Code of 1991, as 
11 
amended;  
12 
(3) 
In addition to the foregoing duties and functions, the provincial 
13 
general services officer shall:  
14 
(i) 
Take custody of and be accountable for all properties, real or 
15 
personal, owned by the provincial government and those granted to him in the 
16 
form of donation, reparation, assistance and counterpart of joint projects;  
17 
(ii) 
With the approval of the provincial governor, assign building or land 
18 
space to provincial officials or other public officials who, by law, are entitled to 
19 
such space;  
20 
(iii) 
Recommend to the provincial governor the reasonable rental rates 
21 
for local government properties, whether real or personal, which will be leased 
22 
to public or private entities by the provincial government;  
23 
(iv) 
Recommend to the provincial governor the reasonable rental rates 
24 
of private properties which may be leased for the official use of the provincial 
25 
government;  
26 
(v) 
Maintain and supervise janitorial, security, landscaping and 
27 
otherrelated services on all local government public buildings and other real 
28 
property, whether owned or leased by the provincial government;  
29 
(vi) 
Collate and disseminate information regarding prices, shipping and 
30 
other costs of supplies and other items commonly used by the provincial 
31 
government;  
32 


49 
(vii) 
Perform archival and record management with respect to records of 
1 
offices and departments of the province; and  
2 
(viii) 
Perform all other functions pertaining to supply and property 
3 
management heretofore performed by the local government treasurer and to 
4 
enforce policies on records creation, maintenance and disposal;  
5 
(4) 
Be in the frontline of general services-related activities, such as the 
6 
possible or imminent destruction or damage to records, supplies, properties 
7 
and structures and the orderly and sanitary clearing up of waste materials or 
8 
debris, particularly during and in the aftermath of man-made and natural 
9 
disasters or calamities; and 
10 
(5) 
Recommend to the sanggunian and advise the provincial governor 
11 
on all other matters relative to general services.  
12 
(c) Exercise such other powers and perform such other duties and 
13 
functions as may be prescribed by law or ordinance.  
14 
SEC. 39. The Provincial Cooperatives Officer.  –  (a) No person shall be 
15 
appointed provincial cooperatives officer unless he is a citizen of the 
16 
Philippines, a resident of the province, of good moral character, a holder of a 
17 
college degree preferably in business administration course with special 
18 
training in cooperatives or in any related course from a recognized college or 
19 
university, and a first grade civil service eligible or its equivalent.  He must have 
20 
acquired experience in cooperatives organization and management for at least 
21 
five (5) years.  
22 
The appointment of the provincial cooperatives officer shall be mandatory.  
23 
(b) The provincial cooperatives officer shall take charge of the office for the 
24 
development of cooperatives, and shall:  
25 
(l) Formulate measures for the consideration of the sanggunian and provide 
26 
technical assistance and support to the provincial governor in carrying out 
27 
measures to ensure the delivery of basic services and the provision of adequate 
28 
facilities through the development of cooperatives, and in providing access to 
29 
such services and facilities;  
30 
(2) 
Develop plans and strategies and, upon approval thereof by the 
31 
provincial governor, implement the same, particularly those which have to do 
32 
with the integration of cooperatives principles and methods in programs which 
33 


50 
  
the provincial governor is empowered to implement and which the sanggunian 
1 
is empowered to provide for under the Local Government Code of 1991, as 
2 
amended;  
3 
(3) 
In addition to the foregoing duties and functions, the provincial 
4 
cooperatives officer shall:  
5 
(i) 
Assist in the organization of cooperatives;  
6 
(ii) 
Provide technical and other forms of assistance to existing 
7 
cooperatives to enhance their viability as an economic enterprise and social 
8 
organization; and 
9 
(iii) 
Assist cooperatives in establishing linkages with government 
10 
agencies and nongovernmental organizations involved in the promotion and 
11 
integration of the concept of cooperatives in the livelihood of the people and 
12 
other community activities;  
13 
(4) 
Be in the frontline of cooperatives organization, rehabilitation or 
14 
viability enhancement, particularly during and in the aftermath of man-made 
15 
and natural disasters or calamities, to aid in their survival and, if necessary, 
16 
subsequent rehabilitation; and 
17 
(5) 
Recommend to the sanggunian and advise the provincial governor 
18 
on all other matters relative to cooperatives development and viability 
19 
enhancement which will improve the livelihood and the quality of life of the 
20 
inhabitants.  
21 
(c) Exercise such other powers and perform such other duties and 
22 
functions as may be prescribed by law or ordinance.  
23 
SEC. 40. The Provincial Architect.  –  (a) No person shall be appointed 
24 
provincial architect unless he is a citizen of the Philippines, a resident of the 
25 
province, of good moral character and a duly licensed architect.  He must have 
26 
practiced his profession for at least five (5) years.  
27 
The appointment of the provincial architect shall be optional.  
28 
(b) The provincial architect shall take charge of the office on architectural 
29 
planning and design, and shall:  
30 
(1) 
Formulate measures for the consideration of the sanggunian and 
31 
provide technical assistance and support to the provincial governor in carrying 
32 
out measures to ensure the delivery of basic services and the provision of 
33 


51 
adequate facilities relative to architectural planning and design as provided for 
1 
under Section 17 of the Local Government Code of 1991, as amended;  
2 
(2) 
Develop plans and strategies and, upon approval thereof by the 
3 
provincial governor, implement the same, particularly those which have to do 
4 
with architectural planning and design programs and projects which the 
5 
provincial governor is empowered to implement and which the sanggunian is 
6 
empowered to provide for under the Local Government Code of 1991, as 
7 
amended;  
8 
(3) 
In addition to the foregoing duties and functions, the provincial 
9 
architect shall:  
10 
(i) 
Prepare and recommend for consideration of the sanggunian, the 
11 
architectural plan and design for the province or a part thereof, including the 
12 
renewal of slums and blighted areas, land reclamation activities, the greening 
13 
of land and the appropriate planning of marine and foreshore areas;  
14 
(ii) 
Review and recommend for appropriate action of the sanggunian 
15 
and the provincial governor, the architectural plans and designs submitted by 
16 
governmental and nongovernmental entities or individuals, particularly those 
17 
for undeveloped, underdeveloped and poorly-designed areas; and 
18 
(iii) 
Coordinate with government agencies and nongovernmental 
19 
entities and individuals involved in the aesthetics and the maximum utilization 
20 
of the land and water within the jurisdiction of the province, compatible with 
21 
environmental integrity and ecological balance;  
22 
(4) 
Be in the frontline of the delivery of basic services involving 
23 
architectural planning and design, particularly those related to the redesigning 
24 
of spatial distribution of basic facilities and physical structures during and in 
25 
the aftermath of man-made and natural calamities or disasters; and 
26 
(5) 
Recommend to the sanggunian and advise the provincial governor 
27 
on all other matters related to architectural planning and design as it relates 
28 
to the total socioeconomic development of the province.  
29 
(c) Exercise such other powers and perform such other duties and 
30 
functions as may be prescribed by law or ordinance.  
31 
SEC. 41. The Provincial Population Officer.  –  (a)  No person shall be 
32 
appointed provincial population officer unless he is a citizen of the Philippines, 
33 


52 
  
a resident of the province, of good moral character, a holder of a college degree 
1 
with specialized training in population development from a recognized college 
2 
or university, and a first grade civil service eligible or its equivalent. He must 
3 
have acquired experience in the implementation of programs on population 
4 
development or responsible parenthood for at least five (5) years.  
5 
The appointment of the provincial population officer shall be optional.  
6 
(b) The provincial population officer shall take charge of the office on 
7 
population development, and shall:  
8 
(1) 
Formulate measures for the consideration of the sanggunian and 
9 
provide technical assistance and support to the provincial governor in carrying 
10 
out measures to ensure the delivery of basic services and the provision of 
11 
adequate facilities relative to the integration of the population development 
12 
principles and in providing access to said services and facilities;  
13 
(2) 
Develop plans and strategies and, upon approval thereof by the 
14 
provincial governor, implement the same, particularly those which have to do 
15 
with the integration of population development principles and methods in 
16 
programs and projects which the provincial governor is empowered to 
17 
implement and which the sanggunian is empowered to provide for under the  
18 
Local Government Code of 1991, as amended; and 
19 
(3) 
In addition to the foregoing duties and functions, the provincial 
20 
population officer shall:  
21 
(i) 
Assist the provincial governor in the implementation of the 
22 
constitutional provisions relative to population development and the promotion 
23 
of responsible parenthood;  
24 
(ii) 
Establish and maintain an updated data bank for program 
25 
operations, development planning and an educational program to ensure the 
26 
people’s participation in and understanding of population development; and 
27 
(iii) 
Implement appropriate training programs responsive to the cultural 
28 
heritage of the inhabitants. 
29 
(c) Exercise such other powers and perform such other duties and 
30 
functions as may be prescribed by law or ordinance. 
31 
SEC. 42. The Provincial Information Officer.  –  (a) No person shall be 
32 
appointed provincial information officer unless he is a citizen of the Philippines, 
33 


53 
a resident of the province, of good moral character, a holder of a college degree 
1 
preferably in journalism, mass communication or in any related course from a 
2 
recognized college or university, and a first grade civil service eligible or its 
3 
equivalent.  He must have acquired experience in writing articles and research 
4 
papers, or in writing for print, television or broadcast media for at least three 
5 
(3) years; 
6 
The appointment of the provincial information officer shall be optional.  
7 
(b) The provincial information officer shall take charge of the office on 
8 
public information, and shall: 
9 
(1) 
Formulate measures for the consideration of the sanggunian and 
10 
provide technical assistance and support to the provincial governor in providing 
11 
the information and research data required for the delivery of basic services 
12 
and the provision of adequate facilities so that the public becomes aware of the 
13 
said service and may fully avail of the same; 
14 
(2) 
Develop plans and strategies and, upon approval thereof by the 
15 
provincial governor, implement the same, particularly those which have to do 
16 
with public information and research data to support the programs and 
17 
projects which the provincial governor is empowered to implement and which 
18 
the sanggunian is empowered to provide for under the Local Government Code 
19 
of  
20 
1991, as amended;  
21 
(3) 
In addition to the foregoing duties and functions, the provincial 
22 
information officer shall: 
23 
(i) 
Provide relevant, adequate and timely information to the provincial 
24 
government and its residents; 
25 
(ii) 
Maintain effective liaison with the various sectors of the community 
26 
on matters and issues that affect the livelihood and the quality of life of the 
27 
inhabitants and encourage support for programs of the local and national 
28 
government; 
29 
(iii) 
Assist the provincial governor in the establishment, maintenance 
30 
and promotion of local area tourism programs and projects; and 
31 
(iv) 
Furnish information and data on the province to government 
32 
agencies or offices as may be required by law or ordinance, and 
33 


54 
  
nongovernmental organizations to be furnished to said agencies and 
1 
organizations; 
2 
(4) 
Be in the frontline of providing information during and in the 
3 
aftermath of man-made and natural disasters or calamities, with special 
4 
attention to the victims thereof, to help minimize injuries and casualties during 
5 
and after emergency, and accelerate relief and rehabilitation; and 
6 
(5) 
Recommend to the sanggunian and advise the provincial governor 
7 
on all other matters relative to public information and research data as it 
8 
relates to the total socioeconomic development of the province.  
9 
(c) Exercise such other powers and perform such other duties and 
10 
functions as may be prescribed by law or ordinance. ARTICLE VIII 
11 
THE PROVINCIAL FIRE STATION, THE PROVINCIAL JAIL, THE PROVINCIAL 
12 
SCHOOLS DIVISION AND THE PROVINCIAL PROSECUTION SERVICE 
13 
SEC. 43. The Provincial Fire Station Service.  –  (a) There shall be established 
14 
in the province at least five (5) fire stations with adequate personnel, firefighting 
15 
facilities and equipment by the DILG within two (2) months upon the 
16 
commencement of the corporate existence of the new province. The provincial 
17 
government shall provide the necessary land or site of the provincial fire 
18 
stations.  
19 
(b) 
The provincial fire station service shall be headed by a provincial 
20 
fire marshal whose qualifications shall be as those provided for under Republic 
21 
Act No. 9263, as amended, otherwise known as the “Bureau of Fire Protection 
22 
and Bureau of Jail Management and Penology Professionalization Act 
23 
of  2004.  
24 
(c) 
The provincial fire stations shall be responsible for the protection of 
25 
various emergency services such as the rescue and evacuation of injured people 
26 
at fire-related incidents and, in general, fire prevention and suppression 
27 
measures to secure the safety of life and property of the citizenry. 
28 
SEC. 44. The Provincial Jail Service.  –  (a) There shall be established and 
29 
maintained in the province, within two (2) months upon the commencement of 
30 
the corporate existence of the province by the DILG, a secured, clean, 
31 
adequately equipped and sanitary jail facility for the custody and safekeeping 
32 
of prisoners, any fugitive from justice, or person detained awaiting investigation 
33 


55 
or trial and/or transfer to the national penitentiary, and/or violent mentally ill 
1 
person who endangers himself or the safety of others, duly certified as such by 
2 
the proper medical health officer, pending the transfer to a mental institution.  
3 
(b) The provincial jail service shall be headed by a provincial jail warden 
4 
whose qualifications shall be as those provided for under Republic Act  
5 
No. 9263, as amended, otherwise known as the “Bureau of Fire Protection and  
6 
Bureau of Jail and Management and Penology Professionalization Act of 2004”.  
7 
He shall assist in the immediate rehabilitation of individuals or detention of 
8 
prisoners. Great care must be exercised so that human rights of these prisoners 
9 
are respected and protected, and their spiritual and physical well-being are 
10 
properly and promptly attended to.  
11 
SEC. 45. The Provincial Schools Division.  –  (a) The DepED shall, within 
12 
two (2) months upon the commencement of the corporate existence of the 
13 
province herein created, establish and maintain a separate schools division in 
14 
the province whose jurisdiction shall cover all the municipalities of the new 
15 
province.  
16 
(2) The provincial schools division shall be headed by a division 
17 
superintendent who must possess the necessary qualifications required by the 
18 
DepED.  
19 
SEC. 46. The Provincial Prosecution Service. – (a) There shall be established 
20 
and maintained a prosecution service by the Department of Justice (DOJ), 
21 
within two (2) months upon the commencement of the corporate existence of 
22 
the province herein created which shall be headed by a provincial prosecutor 
23 
and such number of assistant prosecutors as may be necessary, who shall be 
24 
organizationally part of the DOJ, and under the supervision and control of the 
25 
Secretary of the DOJ, and whose qualifications, manner of appointment, rank, 
26 
salary and benefits shall be governed by existing laws covering prosecutors in 
27 
the DOJ.  
28 
(b) The provincial prosecutor shall handle the criminal prosecution in the 
29 
municipal trial courts in the province as well as in the regional trial courts for 
30 
criminal cases originating in the territory of the new province and shall render 
31 
to and for the province such other services as are required by law or regulation 
32 
of the DOJ. 
33 


56 
  
ARTICLE IX 
1 
TRANSITORY AND FINAL PROVISIONS 
2 
SEC. 47. Plebiscite. – The Province of Surigao Oriental shall be created, as 
3 
provided for in this Charter, upon approval by the majority of the votes cast by 
4 
the voters of the affected areas in a plebiscite to be conducted and supervised 
5 
by the Commission on Elections (COMELEC) within sixty (60) days from the 
6 
date of the effectivity of this Charter. 
7 
The amount necessary for the conduct of the plebiscite shall be borne by 
8 
the Province of Surigao del Sur. 
9 
SEC. 48. Commencement of Corporate Existence. – The Province of Surigao 
10 
Oriental shall commence corporate existence upon the election and 
11 
qualification of the provincial governor, the provincial vice governor and 
12 
majority of the members of the sangguniang panlalawigan. 
13 
SEC. 49. Officials of the Province of Surigao Oriental.  –  (a) The first set of 
14 
elective officials of the Province of Surigao Oriental shall be elected in the next 
15 
national and local elections following the effectivity of this Charter.  
16 
All elective and nonelective provincial and local government officials and 
17 
employees of the present Province of Surigao del Sur shall continue to serve 
18 
their term of office and perform their duties and functions in the province, until 
19 
the commencement of the corporate existence of the new province, as provided 
20 
for in the immediately preceding section of this Act. 
21 
SEC. 50. Organization of the Provincial Government. – All provincial 
22 
appointive positions in the Province of Surigao Oriental shall be filled within 
23 
sixty (60) days upon the commencement of its corporate existence. This shall 
24 
be done without prejudice to the officials and employees of the present Province 
25 
of Surigao del Sur who may wish to serve in the Province of Surigao Oriental.  
26 
SEC. 51. Suspension of Increase in the Rates of Local Taxes.  –  No increase 
27 
in the rates of local taxes shall be imposed by the new province within the 
28 
period of five (5) years from its acquisition of corporate existence.  
29 
SEC. 52. Present Provincial Properties.  –  Upon the effectivity of this Act, 
30 
the ownership of real properties and infrastructure projects of each LGU 
31 
situated in the present Province of Surigao Oriental shall belong to the province 
32 
where it is situated.  
33 


57 
SEC. 53. Applicability of Laws.  –  The provisions of Republic Act No. 7160, 
1 
otherwise known as the Local Government Code of 1991, as amended, and 
2 
other laws as are applicable to provinces shall govern the herein created 
3 
province insofar as these are not inconsistent with the provisions of this Act.  
4 
SEC. 54. Separability Clause.  –  If any part of this Act is declared invalid 
5 
or unconstitutional, the other parts or provisions hereof shall remain valid and 
6 
effective.  
7 
SEC. 55. Effectivity.  –  This Act shall take effect fifteen (15) days upon its 
8 
publication in at least two (2) newspapers of general and local circulation.  
9 
Approved, 
O