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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
Second Regular Session

HOUSE BILL No, _7413

Introduced by: Representatives Franz Josef George E. Alvarez,
Frederick F. Abueg,
and Gil P. Acosta

EXPLANATORY NOTE

This bill seeks to create three (3) new provinces by dividing the
presently existing Province of Palawan into the provinces of Palawan
Del Norte, Palawan Oriental, and Palawan Del Sur.

The Province of Palawan, the Philippines’ “Last Frontier,” is the 5”
largest island in the Philippines, bigger than any region in terms of land
area. It is an Archipelago within the archipelago of the Philippines
Island. Its capital is the City of Puerto Princesa, but the City is governed
independently from the province as a highly urbanized city. The
Province is composed of 1,768 islands and islets and is complemented
with a total coastline of 1,959 km. Its western and eastern shores are
bordered by the West Philippine Sea and the Sulu Sea. The Palawan
Passage bounds the northern portion of the province while the Celebes
Sea bounds the southern portion.

Its total land area of 14,896.55 square kilometers is blessed with
topography characterized by rolling to mountainous terrain, with
irregular and indented coastlines of coves and bays. Rich in
agricultural, mineral, and marine resources. Dubbed as the Oil Province
of the Philippines producing oil and natural gas supplying the 45% of


the electricity of Luzon Island. Its continental shelf believed to have a
vast deposit of oil and gas.

It is composed of twenty-three (23) municipalities, only eleven (11)
of which are in mainland Palawan along with its capital, the City of
Puerto Princesa. The twelve (12) other municipalities are island-
municipalities located tens and even hundreds of miles from each other.

The efficiency and effectiveness in the delivery of basic public
services by the Governor of Palawan, especially in times of emergencies
and calamities, with its existing Capitol located in the heart of the City of
Puerto Princesa, is hampered and made challenging by its geographical
distance between the Capitol and the northern tip of mainland Palawan
and the Southern tip of mainland Palawan. The total length of mainland
Palawan is more or less 500 kilometers, almost the stretch of traveling
from Bicol Region to the Ilocos Region. It is even made more difficult
with supervising 12 Island Municipalities with farthest from the eastern
side of Palawan Island, the municipality of Cagayancillo, a distance of
147 nautical miles from Puerto Princesa City, while in the Western side,
the municipality of Kalayaan, a distance of 156 nautical miles from
Puerto Princesa City, all of which require long and burdensome travels
before these islands could be reached.

The 2015 national census placed the Province's total population at
849,469, excluding the total population of Puerto Princesa City at
256,116. This vibrant populace grows at a rate of 2.66%. From 2015, up to
the expected commencement of corporate existence of the new provinces
and legislative districts, the total population would have increased by
more than 200,000 individuals.

The appropriation for the 2018 Internal Revenue Allotment (IRA)
for the Province of Palawan is Php 2,372,731,456.00. The future IRA,
which increases annually will be allocated proportionately to the 3 new
provinces, in accordance with land areas and population.

The Philippine Constitution allows the division towards the
creation of a new province. Article X, Section 10 of the Constitution
provides that, “No province, city, municipality, or barangay may be created,
divided, merged, abolished, or its boundary substantially altered, except in
accordance with the criteria established in the local government code and


subject to the approval by a majority of the votes cast in a plebiscite in the
political units directly affected.”

The criteria for the establishment of new provinces are provided
for in Title IV of the Local Government Code. It provides that:

Sec. 460. Manner of Creation. - A province may be created, divided,
merged, abolished, or its boundary substantially altered, only by an
Act of Congress and subject to the approval by a majority of the votes
cast in a plebiscite to be conducted by the COMELEC in the local
government unit or units directly affected. The plebiscite shall be
held within one hundred twenty days (120) days from the date of the
effectivity of said Act, unless otherwise provided therein.

Sec, 461. Requisites for Creation.

(@) A province may be created if it has an average annual income, as
certified by the Department of Finance, of not less than Twenty
million pesos (P20,000,000.00) based on 1991 constant prices and
either of the following requisites:

() — @ contiguous territory of at least two thousand (2,000)
square kilometers, as certified by the Lands Management
Bureau; or

(ii) a population of not less than two lundred fifty thousand
(250,000) inhabitants as certified by the National Statistics

Office:

Provided, That, the creation thereof shall not reduce the
land area, population, and income of the original unit or
units at the time the said creation to less than the
minimum requirements prescribed herein,

(b) The territory need not be contiguous if it comiprises two (2) or
more islands or is separated by a chartered city or cities which do
not contribute to the income of the province.

(©) The average annual income shall include the income accruing to
the general fund, exclusive of special funds, trust funds, transfers
and non-recurring income,


The proposed division of Palawan into three provinces will be able
to bring closer expanded services to areas not previously served.
Resource management and delivery of basic public services will be more
efficient as more government officials, both elected and appointed, will
work on programs for the betterment of their constituents. With the
approval of the proposed division, a progressive Palawan will be
realized in the nearest future.

On the basis of the above premises, immediate passage of this vital
piece of legislation is earnestly sought.

FRANZ JOSEFGEORGE E. ALVAREZ
Representative
1 District of Palawan

! 3
GIL P./ACOSTA

Representative
34 District of Palawan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 7413

Introduced by: Representatives Franz Josef George E. Alvarez,
Frederick F. Abueg and Gil P. Acosta

AN ACT CREATING THE PROVINCES OF PALAWAN DEL
NORTE, PALAWAN ORIENTAL, AND PALAWAN DEL SUR,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives in Congress
assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Title. - This Act shall be known as the “Charter of the Provinces
of Palawan.”

Section 2. Composition.

The Province of Palawan is hereby divided into three provinces to be
known as Palawan Del Norte, Palawan Oriental, and Palawan Del Sur, in
the following manner:

The Province of Palawan Del Norte shall consist of that portion of the
present Province of Palawan which comprises the Municipalities of
Coron, Culion, Busuanga, Linapacan, Taytay, and El Nido;


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The Province of Palawan Oriental, shall consist of the north eastern
portion of the present Province of Palawan, which comprises the
Municipalities of Roxas, Araceli, Dumaran, Cuyo, Agutaya, Magsaysay,
Cayancillo, and San Vicente;

The Province of Palawan Del Sur shall consist the remaining portion of
the present Province of Palawan which comprises the Municipalities of
Aborlan, Narra, Quezon, Rizal, Espanola, Brooke’s Point, Bataraza,
Balabac, and Kalayaan.

Section 3. Territorial Jurisdiction.

Palawan Del Norte, Palawan Oriental, and Palawan Del Sur, as
territorial and political subdivisions of the Republic of the Philippines,
shall enjoy genuine and meaningful local autonomy and shall exercise
powers as political subdivisions of the national government within its
terrestrial and maritime jurisdiction as defined herein.

Palawan Del Norte, Palawan Oriental, and Palawan Del Sur comprises
all the islands of the present Province of Palawan that includes the area
defined by Presidential Decree No. 1596 and the Philippine Treaty
Limits; along the West Philippine Sea, the waters around, between, and
connecting the said islands that are treated as part of the National
Territory defined by Article | of the 1987 Constitution that includes the
Philippine Treaty Limits; along Mindoro Strait to the north and along
Sulu Sea to the east, an equidistant maritime boundary measured from
the low-tide mark of islands, rocks and reefs of the present Province of
Palawan and the coastal provinces of the said areas; and, along Balabac
Strait to the south, it extends to the Philippine Treaty Limits.

The boundaries of the provinces of Palawan Del Norte, Palawan
Oriental, and Palawan Del Sur for purposes of Section 6 of Article X of
the 1987 Constitution shall start from the common land boundaries
extending perpendicularly to the limits of the Exclusive Economic Zone
or Extended Continental Shelf to the west, and common maritime
boundaries in the north, east and south stated in the preceding

paragraph.

The terrestrial boundaries of each of the newly created provinces shall
be within the present metes and bounds of all the municipalities that


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comprise the respective provinces but shall be without prejudice to the
resolution by the appropriate agency or forum of existing boundary
disputes or cases involving questions of territorial jurisdiction between
each province and adjoining local government units (LGUs): Provided,
That the territorial boundaries of the disputed area or areas shall remain
with the LGU, which has existing administrative supervision over said
area or areas until final resolution of the case.

Section 4. Capital Town and Seat of Government.

The capital town and seat of government of the new Palawan Del Norte
shall be the Municipality of Taytay.

The capital town and seat of government for the new Palawan Oriental
shall be the Municipality of Roxas.

The capital town and seat of government for the new Palawan Del Sur
shall be the Municipality of Brooke's Point.

Section 5. Corporate Powers of the Provinces.

Each province constitutes a political body corporate and as such is
endowed with the attributes of perpetual succession and possessed of
the powers which pertain to a provincial corporation to be exercised in
conformity with the provision of this Charter and the 1991 Local
Government Code, as amended. Each province shall have the following
corporate powers:

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

(b) To sue and be sued;

(c) To have and use a corporate seal;

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

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

(f) To exercise such other powers, prerogatives or authority subject to
the limitations provided in this Act or other laws.


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Section 6. General Powers.

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

Section 7. Liability for Damages.

Each province and their officials shall not be exempt from liability for
death or injury to persons or damage to property.

Section 8. Legislative Districts,

The newly created provinces of Palawan and the highly urbanized City
of Puerto Princesa shall each have its own legislative district effective
upon the election and qualification of its representative to be held on the
second Monday of May in the year 2022 simultaneous with the election
of the provincial officials of the three provinces.

Henceforth, the Legislative District of Palawan Del Norte shall comprise
of the Municipalities of Coron, Culion, Busuanga, Linapacan, Taytay,
and El Nido; the Legislative District of Palawan Oriental Province shall
comprise of the Municipalities of Roxas, Araceli, Dumaran, Cuyo,
Agutaya, Magsaysay, Cayancillo, and San Vicente; the Legislative
District of Palawan Del Sur shall comprise of the Municipalities of
Aborlan, Narra, Quezon, Rizal, Espafola, Brooke's Point, Bataraza,
Balabac, and Kalayaan; and the Legislative District of Puerto Princesa
City, for the highly urbanized City.


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Section 9. National Wealth.

As political subdivisions of the national government, Palawan Del
Norte, Palawan Oriental, and Palawan Del Sur shall be entitled to
equitable shares in the proceeds of the utilization and development of
the national wealth within its terrestrial and maritime jurisdiction. The
term national wealth shall mean all natural resources situated along the
West Philippine Sea extending up to the limits of the Exclusive
Economic Zone or Extended Continental Shelf as defined by the United
Nations Convention on the Law of the Seas (UNCLOS) including lands
of public domain, waters, minerals, coal, petroleum, mineral oils,
potential energy forces, gas and oil deposits, forest products, wildlife,
flora and fauna, fishery and aquatic resources, and all quarry products.

To give more power to Palawan Del Norte, Palawan Oriental, and
Palawan Del Sur in accelerating economic development and upgrading
the quality of life of the people, Palawan Del Norte, Palawan Oriental,
and Palawan Del Sur, in addition to the internal revenue allotment, shall
have a combined share of not less than forty percent (40%) of the gross
collection derived by the National Government from the Preceding fiscal
year from the following:

(a) Mining taxes, royalties, forestry and fishery charges, and such other
taxes, fees, or charges, including related surcharges, interests, or fines,
and from its share in any co-production, joint venture or production
sharing agreement in the utilization and development of the national
wealth within their territorial jurisdiction.

(b) Administrative charges enumerated herein accruing to the National
Government whether collected by the National Government collecting
agencies or, in certain cases, by Palawan Del Norte, Palawan Oriental, or
Palawan Del Sur.

(c) Proceeds from the development and utilization of national wealth
where Palawan Del Norte, Palawan Oriental, or Palawan Del Sur
actually collect and automatically retains its share of at least forty
percent (40%) of such proceeds shall not form part of the revenue base in
the computation of the forty percent (40%) share.


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Palawan Del Norte, Palawan Oriental, and Palawan Del Sur shall each
have a share based on the preceding fiscal year from the proceeds
derived by any NGA or GOCC engaged in the utilization and
development of the national wealth based on the following formula
whichever will produce higher share for Palawan Del Norte, Palawan
Oriental, and Palawan Del Sur:

(a) One percent (1%) of the gross sales or receipts of the preceding
calendar year; or

(b) Forty percent (40%) of the mining taxes, royalties, forestry and
fishery charges and such other taxes, fees or charges, including related
surcharges, interests, or fines the NGA or GOCC would have paid if it
were not otherwise exempt.

The shares referred to in the preceding paragraphs shall be divided
equally among Palawan Del Norte, Palawan Oriental, and Palawan Del
Sur and automatically released. The share of each province shall further
be divided in favor of municipalities and barangays, which should also
be automatically released, as follows:

(a) Province: 60%;

(b) Municipality: 24%; and,

(c) Barangay: 16%

Section 10. Jurisdiction of each Province.

The jurisdiction of each Province, for police purposes only, shall be
coextensive with its respective territorial boundary and for the purpose
of protecting and ensuring the purity of the water supply of each
Province, such police jurisdiction shall also extend over all the territory
within the drainage area of such water supply source, or within one
hundred (100) meters of any reservoir, conduit, canal, aqueduct or
pumping station used in connection with each province's water service.

The Regional Trial Courts and other courts of adjoining municipalities
shall continue to try crimes and misdemeanors committed within the
mandated jurisdiction of the new provinces.


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Any license that may be issued within said zone, area or space shall be
granted by the proper authorities of the province of municipality
concerned, and the fees arising therefrom shall accrue to the treasury of
the said province or municipality, as the case may be.

ARTICLE IL
PROVINCIAL OFFICIALS IN GENERAL

Section 11. Officials of the Provincial Government.

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

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

(c) The sangguniang panlalawigan may:

(1) Maintain existing offices not mentioned in subsections (a) and (b)
hereof;

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

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

Unless otherwise provided herein or in the 1991 Local Government
Code, as amended, the heads of departments and offices shall be
appointed by the provincial governor with the concurrence of a majority


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of all the sangguniang panlalawigan members, subject to civil service
law, rules and regulations. The sangguniang panlalawigan shall act on
the appointment within fifteen (15) days from the day of its submission;
otherwise, the same shall be deemed confirmed.

Section 12. Residence and Office. During the incumbency of the
provincial governor, he or she shall have his or her official residence and
office in the capital of the province. All elective and appointive
provincial officials shall hold office in the provincial capital; Provided,
That, upon the resolution of the sangguniang panlalawigan, elective and
appointive provincial officials may hold office in any component city or
municipality within the province for a period of not more than seven (7)
days for any given month.

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

ARTICLE IT
ELECTIVE PROVINCIAL OFFICIALS

Section 13. The Provincial Governor. (a) The provincial governor, as the
chief executive of the provincial government, shall exercise such powers
and perform such duties and functions as provided for in the Local
Government Code of 1991, as amended, and other laws.

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

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


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(i) Determine the guidelines of provincial policies and be responsible to
the sangguniang panlalawigan for the program of the government;

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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may have committed an offense in the performance of his or her duties
while stationed in or assigned to the province;

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

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

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

(xx) Submit to the Office of the President the following reports: an
annual report containing a summary of all matters pertinent to the
management, administration and development of the province and all
information and data relative to its political, social and economic
conditions; and supplemental reports when unexpected events and
situations arise at any time during the year, particularly when man-
made or natural disasters or calamities affect the general welfare of the
province, region or country;

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

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

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

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he or she may deem important for the promotion of the general welfare
of the province and its inhabitants;

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

(iv) Be entitled to carry the necessary firearms within his or her
territorial jurisdiction;

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

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

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

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

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

(iii) Ensure that all taxes and other revenues of the province are
collected, and that provincial funds are applied to the payment of

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expenses and the settlement of obligations of the province, in accordance
with law or ordinance;

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

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

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

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

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

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

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

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

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

Section 14. The Provincial Vice Governor.
(a) The provincial vice governor shall;

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

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

(3) Assume the office of the provincial governor for the unexpired term
of the latter in the event of permanent vacancy as provided for in Section
44, Book I of the Local Government Code of 1991, as amended;

(4) Exercise the powers and perform the duties and functions of the
provincial governor in case of temporary vacancy as provided for in
Section 46, Book I of the Local Government Code of 1991, as amended;
and

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

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

ARTICLE IV
THE SANGGUNIANG PANLALAWIGAN

Section 15. Composition.

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(a) The sangguniang panlalawigan, the legislative body of the province,
shall be composed of the provincial vice governor as the presiding
officer, the regular sangguniang panlalawigan members, the president
of the provincial chapter of the liga ng mga barangay, the president of
the panlalawigang pederasyon ng mga sangguniang kabataan, the
president of the provincial federation of sanggunian members of
municipalities and component cities and the three (3) sectoral
representatives, as members, who shall come from the following sectors:
one (1) from the women sector; and, as shall be determined by the
sangguniang panlalawigan within ninety (90) days prior to the holding
of the local elections, one (1) from the agricultural or industrial workers
sector; and one (1) from the other sectors, including the urban poor,
indigenous cultural communities or persons with disability.

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

Section 16. Powers, Duties, Functions and Compensation.

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

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

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


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

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

(iv) Adopt measures to protect the inhabitants of the province from the
harmful effects of man-made or natural disasters and calamities, and to
provide relief services and assistance for victims during and in the
aftermath of said disasters and calamities and their return to productive
livelihood following said events;

(v) Enact ordinances intended to prevent, suppress and impose
appropriate penalties for habitual drunkenness in public places,
vagrancy, mendicancy, prostitution, the establishment and maintenance
of houses of ill repute, gambling and other prohibited games of chance,
fraudulent devices and ways to obtain money or property, drug
addiction, maintenance of drug dens, drug pushing, juvenile
delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publication, and such other activities inimical
to the welfare and morals of the inhabitants of the province;

(vi) Protect the environment and impose appropriate penalties for acts
which endanger the environment, such as dynamite fishing and other
forms of destructive fishing, illegal logging and smuggling of logs,
smuggling of natural resources products and of endangered species of
flora and fauna, slash-and-burn farming and such other activities which
result in pollution, acceleration of eutrophication of rivers and lakes, or
of ecological imbalance;

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

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

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for the proper conduct of programs, projects, services and activities of
the provincial government;

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

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

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

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

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

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


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

(iv) Subject to the provisions of Book II of the Local Government Code of
1991, as amended and applicable laws and, upon the majority vote of all
the members of the sangguniang panlalawigan, enact ordinances
authorizing the floating of bonds or other instruments of indebtedness,
for the purpose of raising funds to finance development projects;

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

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

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

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

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

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


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

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

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

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

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

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

(v) Approve measures and adopt quarantine regulations to prevent the
introduction and spread of diseases within its territorial jurisdiction;

(vi) Provide for the care of paupers, the aged, the sick, persons of
unsound mind, abandoned minors, abused children, disabled persons,
juvenile delinquents, drug dependents, and other needy and
disadvantaged persons, particularly children and youth below eighteen
(18) years of age; subject to the availability of funds, establish and
support the operation of centers and facilities for said needy and
disadvantaged persons; and facilitate the efforts to promote the welfare
of families below the poverty threshold, the disadvantaged and the
exploited;

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

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

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

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

ARTICLE V
PROCESS OF LEGISLATION

Section 17. Internal Rules of Procedure.

(a) On the first regular session following the election of its members and
within ninety (90) days thereafter, the sangguniang panlalawigan shall
adopt or update its existing rules of procedure.

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

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


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

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

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

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

Section 18, Full Disclosure of Financial and Business Interests of
Sangguniang Panlalawigan Members.

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

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

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

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

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

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

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

Section 19. Sessions.

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

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

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

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

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

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

Section 20. Quorum.

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

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

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

Section 21. Approval of Ordinances.
(a) Every ordinance enacted by the sangguniang panlalawigan shall be

presented to the provincial governor. If the provincial governor
approves the same, he or she shall affix his or her signature on each and

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every page thereof; otherwise, he or she shall veto it and return the same
with his or her objections to the sanggunian, which may proceed to
reconsider the same. The sanggunian may override the veto of the
provincial governor by two-thirds (2/3) vote of all its members, thereby
making the ordinance or resolution effective for all legal intents and
purposes.

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

Section 22. Veto Power of the Provincial Governor.

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

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

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

governor.

ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS

Section 23. Permanent Vacancy in the Office of the Provincial
Governor.

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

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

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

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

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

Section 24. Permanent Vacancies in the Sangguniang Panlalawigan.

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

(b) Only the nominee of the political party under which the sanggunian
member concerned had been elected and whose elevation to the position
next higher in rank created the last vacancy in the sanggunian shall be
appointed in the manner herein provided. The appointee shall come

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from the same political party as that of the sanggunian member who
caused the vacancy and shall serve the unexpired term of the vacant
office.

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

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

(d) In case of vacancy in the representation of the sangguniang kabataan,
the sangguniang barangay and the provincial league of councilors in the
sangguniang panlalawigan, said vacancy shall be filled in automatically
by the official next-in-rank of the organization concerned.?r?1??

Section 25. Temporary Vacancy in the Office of the Provincial
Governor.

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

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

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

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

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

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

Section 26. The Secretary to the Sangguniang Panlalawigan.

(a) There shall be a secretary to the sangguniang panlalawigan who shall
be a career official with the rank and salary equal to a head of a
department or office.

(b) No person shall be appointed secretary to the sanggunian unless he
or she is a citizen of the Philippines, a resident of the province, of good

moral character, a holder of a college degree preferably in law,
commerce or public administration from a recognized college or
university, and a first grade civil service eligible or its equivalent.

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

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

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

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

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

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

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

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

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

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

(d) Exercise such powers and perform such other duties and functions as
may be prescribed by law or ordinance relative to his or her
position.?r?1??

Section 27. The Provincial Treasurer.


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

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

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

The appointment of the provincial treasurer shall be mandatory.

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

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

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

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

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

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

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

(e) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.?r?1??

Section 28. The Provincial Assessor.

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

The appointment of the provincial assessor shall he mandatory.

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

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

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

(3) Establish a systematic method of real property assessment;

(4) Install and maintain a real property identification and accounting
system;

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


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

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

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

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

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

(11) Exercise technical supervision and visitorial functions over all
component city and municipal assessors, coordinate with component
city or municipal assessors in the conduct of tax mapping operations
and all other assessment activities, and provide all forms of assistance
therefor: Provided, however, That, upon full provision by the
component city or municipality concerned to its assessor's office of the
minimum personnel, equipment and funding requirements as may be
prescribed by the Secretary of Finance, such functions shall be delegated
to the said municipal assessor.

(c) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.?r?1??

Section 29, The Provincial Accountant.
(a) No person shall be appointed provincial accountant unless he or she

is a citizen of the Philippines, a resident of the province, of good moral
character and a certified public accountant. He or she must have

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acquired experience in the treasury or accounting service for at least five
(5) years.

The appointment of a provincial accountant is mandatory.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 30. The Provincial Budget Officer.

(a) No person shall be appointed provincial budget officer unless he or
she is a citizen of the Philippines, a resident of the province, of good
moral character, a holder of a college degree preferably in accounting,
economics, public administration or any related course from a
recognized college or university, and a first grade civil service eligible or
its equivalent. He or she must have acquired experience in government
budgeting or in any related field for at least five (5) years.

The appointment of the provincial budget officer shall be mandatory.

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

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

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

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

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

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

(6) Coordinate with the provincial treasurer, the provincial accountant
and the provincial planning and development coordinator for the

purpose of budgeting;


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

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

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

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

Section 31, The Provincial Planning and Development Coordinator.

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

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

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

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

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

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


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

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

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

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

(8) Exercise supervision and control over the secretariat of the provincial
development council.

(c) Exercise such other powers and perform such other functions and
duties as may be prescribed by law or ordinance.?r?1??

Section 32. The Provincial Engineer.

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

The appointment of the provincial engineer shall be mandatory.

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

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

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


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

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

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

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

Section 33. The Provincial Health Officer.

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

The appointment of a provincial health officer shall be mandatory.

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

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

(2) Formulate measures for the consideration of the sangguniang
panlalawigan and provide technical assistance and support to the
provincial governor in carrying out activities to ensure the delivery of
basic services and the provision of adequate facilities relative to health

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

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

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

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

(ii) Advise the provincial governor and the sanggunian on matters

pertaining to health;

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

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

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

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

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

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

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

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

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

Section 34. The Provincial Administrator.

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

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

The appointment of the provincial administrator shall be mandatory.

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

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

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

(i) Assist in the coordination of the work of all the officials of the
province under the supervision, direction and control of the provincial


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governor and, for this purpose, he or she may convene the chiefs of
offices and other officials of the province;

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

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

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

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

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

Section 35. The Provincial Legal Officer.

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

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

The appointment of the provincial legal officer shall be mandatory.

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

(1) Formulate measures for the consideration of the sanggunian and

provide legal assistance and support to the provincial governor in
carrying out the delivery of basic services and the provisions of

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adequate facilities as provided for under Section 17 of the Local
Government Code of 1991, as amended;

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

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

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

(ii) When required by the provincial governor or the sanggunian, draft

contracts, bonds, leases and other instruments, involving
any interest of the province and provide comments and
recommendations on any instrument already drawn;

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

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

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


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

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

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

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

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

Section 36, The Provincial Agriculturist.

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

The appointment of the provincial agriculturist shall be mandatory.

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

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

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

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

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

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

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

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

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

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

(5) Recommend to the sanggunian and advise the provincial governor

on all matters related to agriculture and aquaculture which will improve
the livelihood and living conditions of the inhabitants.

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

Section 37. The Provincial Social Welfare and Development Officer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 38. The Provincial Environment and Natural Resources
Officer.

(a) No person shall be appointed provincial environment and natural
resources officer unless he or she is a citizen of the Philippines, a

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resident of the province, of good moral character, a holder of a college
degree preferably in environment, forestry, agriculture or any related
course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He or she must have acquired
experience in environmental and natural resources management,
conservation and utilization for at least five (5) years.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 39. The Provincial Veterinarian.

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

The appointment of a provincial veterinarian shall be mandatory.

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

(1) Formulate measures for the consideration of the sanggunian and
provide technical assistance and support to the provincial governor in

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carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities pursuant to Section 17 of the Local
Government Code of 1991, as amended;

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

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

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

(ii) Regulate the keeping of domestic animals;

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

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

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

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

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

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

Section 40. The Provincial General Services Officer.

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

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

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

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

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

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

(i) Take custody of and be accountable for all properties, real or
personal, owned by the provincial government and those granted to it in


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the form of donation, reparation, assistance and counterpart of joint

projects;

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

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

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

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

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

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

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

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

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


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

Section 41, The Provincial Cooperatives Officer.

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

The appointment of a provincial cooperatives officer shall be optional.

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

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

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

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

(i) Assist in the organization of cooperatives;

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


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

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

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

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

Section 42. The Provincial Architect.

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

The appointment of a provincial architect shall be optional.

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

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

(2) Develop plans and strategies and, upon approval thereof by the
provincial governor, implement the same, particularly those which have

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to do with architectural planning and design programs and projects
which the provincial governor is empowered to implement and which
the sanggunian is empowered to provide for under the Local
Government Code of 1991, as amended;

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

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

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

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

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

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

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

Section 43. The Provincial Population Officer.

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

The appointment of a provincial population officer shall be optional.

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

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

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

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

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

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

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

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

Section 42. The Provincial Information Officer.

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

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

The appointment of a provincial information officer shall be optional.

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

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

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

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


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

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

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

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

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

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

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

Section 44. The Provincial Fire Station Service.

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

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(b) The provincial fire station service shall be headed by a provincial fire
marshal whose qualifications shall be as those provided for under
Republic Act No. 9263, as amended, otherwise known as the "Bureau of
Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004".

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

Section 45, The Provincial Jail Service.

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

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

Section 46. The Provincial Schools Division.

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


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

Section 47. The Provincial Prosecution Service.

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

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

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

Section 48. Plebiscite.

Palawan Del Norte, Palawan Oriental and Palawan Del Sur shall be
created _upon approval by the majority of the votes cast by the voters of
the affected areas in a plebiscite to be conducted and supervised by the
Commission on Elections (COMELEC) on the second Monday of May
2020 following the effectivity of this Charter. Provided, that its corporate
existence shall commence on the date provided for by this Charter.

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

Section 49. Commencement of Corporate Existence.

7


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Palawan Del Norte, Palawan Oriental, and Palawan Del Sur shall
commence its corporate existence upon the election and qualification of
its provincial governor, provincial vice governor and majority of the
members of the sangguniang panlalawigan.

The election of the provincial officials of the three provinces shall be
held on the second Monday of May in the year 2022.

Section 50. Officials of the newly created Provinces.

The provincial officials who were duly elected and qualified in the
election immediately preceding the May 2022 national and local
elections shall continue to serve their unexpired terms in office until the
provincial officials of the three provinces shall have been elected and
shall have qualified; Provided, Further, That the residents of Puerto
Princesa City shall not vote in the plebiscite and are hereafter
disqualified to vote for candidates for provincial elective positions.

The congressional representatives who were duly elected and qualified
in the election immediately preceding the May 2022 national and local
elections of the present First Legislative District, Second Legislative
District, and Third Legislative District shall continue representing the
constituents of its original legislative districts until the representatives
for the newly created legislative districts for the three provinces and the
highly urbanized City of Puerto Princesa shall have been elected and
qualified on the second Monday of May in the year 2022 simultaneous
with the election of the provincial officials of the three provinces,

Subject to the one year residency requirement for elective local and
congressional officials mandated by the Local Government Code and the
1987 Constitution, candidacy for officials of the newly created provinces
and legislative districts shall be deemed as candidacy for new posts
under newly created offices and serving new sets of constituents.

Section 51. Organization of the Provincial Government.

All provincial appointive positions in the newly created provinces shall
be filled within sixty (60) days upon commencement of its corporate
existence. Subject to the provisions of Civil Service laws, rules and
regulations on the creation, division, merger or abolition of government


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offices, the appointment of officials and employees of the present
Province of Palawan who may wish to serve in any of the newly created
provinces shall be at the discretion of the appointing power.

Section 52. Present Provincial Properties.

Following the plebiscite and creation of the provinces, the ownership of
real properties and infrastructure projects of each LGU situated in the
present Province of Palawan shall belong to the province where it is
situated. Real properties located in the City of Puerto Princesa, owned
by the present Province of Palawan or held in trust for the national
government, shall be co-owned and/or co-managed by the three
provinces for the mutual benefit of its constituents. Decision as to its use
and disposition shall be made upon a consensus of at least two
provinces to be embodied in a memorandum of agreement duly entered
into in accordance with the Local Government Code.

Section 53. Funds, Obligations and Assets of the Newly Created
Provinces

Following the plebiscite and creation of the provinces, the funds,
obligations and assets of all kinds of the present Province of Palawan
subsisting at the time of the effectivity of the creation the three provinces
herein created shall be distributed among the three provinces
proportionately with the income of the municipalities comprising the
same: Provided, However, that if the obligation had been contracted to
finance a project belonging to any one of the three provinces, the said
province shall be responsible exclusively for such obligation.

Transitory projects and activities, such as land acquisition; office
building construction; furnishing of offices; purchase of furniture,
fixture and equipment; assignment of present properties; assignment of
employees; hiring of new personnel; education and training of officials,
employees and personnel; and all other projects and activities that will
ensure the full and complete management, operations and service
delivery of the provinces upon the commencement of its corporate
existence, shall be financed and implemented by the present Provincial
Government of Palawan.

Section 54. Applicability of Laws.

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2327

2328 ~The provisions of Republic Act No. 7160, otherwise known as the Local
2329 Government Code of 1991, as amended, and other laws as are applicable
2330 to provinces shall govern the herein created province insofar as they are
2331 not inconsistent with the provisions of this Act.

2332

2333 Section 55. Separability Clause.

2334

2335 If any part of this Act is declared invalid or unconstitutional, the other
2336 parts or provisions thereof shall remain valid and effective.

2337

2338 Section 56. Effectivity.

2339

2340 This Act shall take effect fifteen (15) days upon its publication in at least
2341 — two (2) newspapers of general and local circulation.

2343 Approved,