Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HoUsE BILL No.  9311
INTRODUCED BY REP. ADRIAN MICIIAEL A. AMATONG
ERTLANATORY NOTE
Zamboanga  del  Norte  is  predominantly  an  agricultural  province
bounded  by  Zamboanga  City  on  the  south,  Zamboanga  del  Sur  and
Zamboanga Sibugay to the east, and the Sulu Sea to the west.   Its land
area of 7,301.00 square kilometers is the largest in Zamboanga Peninsula
or Region IX.   It is comprised of twenty-five municipalities and the two
cities  of Dipolog  and  Dapitan.    These  are  further  subdivided  into  691
barangays, and clustered into three legisl;tive districts.   Based on 2020
census,  the  population  of Zamboanga  del  Norte  is  already  1,047,455
people, which is the 32nd highest out of the 81 provinces.
Despite being rich in natural resources, it is the 3rd poorest province
in 2021  according to the Philippine Statistics Authority (PSA).   Moreover,
all the municipalities in the third legislative district of the province have a
poverty incidence of 40-60°/o based on the 2018 Municipal and City Level
Poverty Estimates of the PSA. In fact, in the Listahanan 3 Project of the
Department    of    Social    Welfare    and    Development-Region    IX,    the
Municipalities   of  Sibuco,   Sirawai,   Godod,   and   Siocon   of  the   third
legislative   district   are   respectively  the   lst,   2nd,   3rd   and   5th   poorest
municipalities in the whole Zamboanga Peninsula.
One of the reasons for the poverty of the municipalities in the third
district  is  the  distance  of these  municipalities  from  the  capital  of the
province. The seat of the provincial government of Zamboanga del Norte
is  located  in  Dipolog City.    It is  around  280  kilometers  away  from  the
southernmost municipality of Sibuco  and around  106 kilometers  away
from Leon a. Postigo, the northernmost municipality in the 3rd legislative
district.   It  takes  almost  7  hours  to  travel  from  Dipolog  City  to  the
Municipality  of  Sibuco  and  almost  3  hours  from  Dipolog  City  to  the
Municipality  of  Leon  a.  Postigo.  As  such,  the  influx  of  projects  and
programs  from  national  and  provincial  governments  are  inequitably
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concentrated only to some accessible areas, resulting to low productivity
and unequal opportunities among the impoverished inhabitants of the
province.
Thus, this bill seeks to divide the Province of Zamboanga del Norte
into two provinces, namely; the province of Zamboanga del Norte and the
new   province   of  Zamboanga   Occidental.   The   proposed   Province   of
Zamboanga Occidental  shall  be  composed  of twelve  (12)  municipalities
composed of I,eon 8.  Postigo,  Salug,  Godod,  Liloy, Tampilisan,  Kalawit,
Labason,  Gutalac, Baliguian,  Siocon, Sirawai and Sibuco. Whereas,  the
Province of Zamboanga del Norte shall now be comprised of fifteen (15)
municipalities,   namely:   Rizal,   Sibutad,   ha   Libertad,   Mutia,   Pihan,
Polanco, Sergio Osmefia, Dapitan City, Dipolog City, Katipunan, Manuel
A.  Roxas,  Manukan,  Jose  Dalman,  Sindangan  and  Siayan.    The  total
land area of the proposed province of Zamboanga Occidental is 3,746.11
square kilometers, while what will remain to the Province of Zamboanga
del  Norte  after  the  separation  of  Zamboanga  Occidental  is  3,554.89
square kilometers of land area. The population of the proposed province
of Zamboanga  Occidental  is  387,519  based  on  the  2020  PSA  census,
while the population that will remain to the Province of Zamboanga del
Norte after the separation of Zamboanga Occidental is 659,936 based on
the 2020 PSA census.
With  the creation of the  Province  of Zamboanga Occidental,  it is
anticipated  that  the  perennial  snail-paced  execution  of infrastructure
projects  and  the  dismal  delivery  of  basic  social  services  will  be  fast-
tracked.   Likewise,  a  wide-range  of  prospects  for  uplifting  the  socio-
economic status of our constituents will be attainable. In the process, a
more responsive, accountable, and accessible local government unit will
be established.
In  view  of  the  foregoing,  the  immediate  passage  of  this  bill  is
eamestly sought.
an#L A. AmTONG
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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNo.9311
INTRODUCED BY REP. ADRIAN MICHAEL A. AMATONG
AH ACT
CREATING THE PROVINCE OF ZAMBOANGA OCCIDENTAL
Be  it  enacted  by  the  Serrale  and the  House  Of Represented,yes  Of the
Ph;itippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Title -This Act shall be haown as the "Charter of the Province of
Zamboanga Occidental."
Section 2. Province of Zamboanga Occidental- There is hereby created a new
province from the present Plovince of Zamboanga del Norte to be known as the
Province  of Zamboanga Occidental.    The murricipalities  of Rizal,  Sibutad,  La
Libertad, Mutia, Pinan, Polanco, Sergio Osmefia, Katipunan, Manuel A. Roxas,
Manukan,  Jose  Dalman,   Sindangan,   Siayan,   including  the  twin  cities  of
Dipolog and Dapitan shall comprise the Province of Zamboanga del Norte.  The
remaining municipalities of I,eon a.  Postigo,  Salug,  Godod,  Liloy, Tampilisan,
Kalawit,  Labason,  Gutalac,  Baliguian,  Siocon,  Sirawai  and  Sibuco  shall now
cover the Province of Zamboanga Occidental.
Section  3.  Capital Town and Seat of Government - The capital tour and
seat of government of the new Province of Zamboanga Occidental sham be the
Municipality of Liloy.
Section 4. Corporate Powers of the FTovince - The province shall constitute
a  political  body  corporate  and  as  such  is  endowed  with  the  attributes  of
perpetual succession and possessed of the powers that pertain to a provincial
corporation to  be exercised in conformity with the provisions  of the  Charter.
The province shall have the fouowing corporate powers:
(a) To have a continuous succession in its corporate name;
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(b) To sue and be sued;
(c)  To have and use a corporate seal;
(d) To acquire, hold and convey real and personal property;
(e)  To enter into contracts and agreements, and;
(f)  To exercise such other powers, prerogatives, or authority, subject to the
limitations provided for in this Act or other laws.
Section 5. General Powers -The province shall have a common seal and may
alter the  same  at its pleasure.    It shall exercise the powers to levy taxes;  to
close  and  open  roads,  streets,  alleys,  parks  or  squares;  to  take,  purchase,
receive, hold, lease, convey and dispose of real and personal properties 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 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 hereafter granted.
Section 6. Liability for Damages -The province and its ofricials shall not be
exempt from liability for death or injury to persons or damage to property.
Section 7.   Legislative District - The FTovince of Zamboanga Occidental shall
have  its  own  legislative  district  to  commence  in  the  nezct national  and  local
elections after the effectivity of this Charter.  Henceforth, the Municipalities of
Leon  a.  Postigo,  Salug,  Godod,  Liloy,  Tampilisan,  Kalawit,  Labason,  Gutalac,
Baliguian,  Siocon,  Sirawai  and  Sibuco  shall  comprise  the  Lone  I,egislative
District of the Province of Zamboanga Occidental, subject to the increase in the
number   of   congressional   districts   which   may   hereafter   be   provided   in
accordance with law; while the Municipalities of Katipunan, Manuel A.   Roxas,
Manukan,  Jose  Dalman,  Siayan,  Sindangan  and  the  City  of  Dipolog  shall
comprise the  2nd  Legislative  District of the  Province  of Zamboanga del  Norte;
and  the  Municipalities  of  Rizal,  Sibutad,  La  Libertad,  Mutia,  Pirian,  Sergio
Osmefia and the City of Dapitan shall comprise the lst Legislative District of the
province of Zamboanga del Norte.
The  incumbent   Congressional  Representatives   of  the  present  Hovince  of
Zamboanga  del  Norte  shall  continue  to  represent  their  respective  legislative
districts until the expiration of their term of ofrice.
Section  8. Jurisdiction of the novince - The territorial jurisdiction of the
Province  of  Zanboanga  Occidental  shall  be  within  the  present  metes  and
bounds  of  all  the  municipalities  that  comprise  the  FTovince  of Zamboanga
Occidental.
The  foregoing  provision  shall  be  without  prejudice  to  the  resolution  by  the
appropriate agency or forum of existing boundary disputes or cases involving
questions   of  territorial  jurisdiction   between   the   Province   of  Zamboanga
Occidental  and  adjoining  local  government  units  (LGUs):  Prou{c!ecz,  That  the
territorial jurisdiction of the disputed area or areas shall remain with the LGU,
which has existing administrative supervision over said area or areas until final
resolution of the case.
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ARTICLE 11
PROVINCIAL OFFICIAIS IN GENERAL
Section 9. OIricials of the Fhovincial Government -
(A) There shall be in the Province of Zamboanga Occidental,  a Governor,  a
Vice-Governor,  members of the Sangguniang Panlalawigan,  a Secretary
to  the  Sangguniang  Panlalawigan,  a  Provincial Treasurer,  a  Provincial
Assessor,  a  Provincial  Accountant,  a  Provincial  Engineer,  a  Provincial
Budget  Officer,  a Provincial  Planning  and  Development  Coordinator,  a
Provincial Legal Officer,  a Fhovincial Administrator,  a Provincial  Health
Ofricer,  a  Provincial  Civil  Registrar,  a  Provincial  Social  Welfare  and
Development Officer,  a Provincial General  Services  Officer,  a Provincial
Agriculturist,  a  PTovincial  Veterinarian,  a  I+ovincial  Environment  and
Natural Resources Officer, and a FTovincial Cooperatives Officer.
(a) In addition thereto, the Governor may appoint a Provincial Architect,  a
Provincial Population Officer and a Provincial Information Officer.
(C) The province shall estabhsh a provincial fire station to be headed by a
Provincial Fire  Marshall,  a provincial jail to be headed by a Provincial
Jail  Warden,  and  a  provincial  schools  division  to  be  headed  by  a
Provincial Schools Division Superintendent.
(D) The province may:
( 1)   Establish and maintain offices not mentioned in Subsections (A) and
(a) 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 effroiency and economy.
Unless  otherwise  provided herein,  heads  of departments  and  offices  shall be
appointed by the provincial governor with the concurrence of a majority of the
sangguniang   panlalawigan   members,   subject   to   civil   service   rules   and
regulations.    The  sangguniang  panlalawigan  shall  act  on  the  appointment
within the fifteen ( 15) days from the day of its submission; otherwise, the same
shall be deemed confirmed.
Section  10. Residence and Office - During the incumbency of the governor,
he shall have his official residence and office in the designated capital of the
province.   AIl 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  within  the  period  of not
more than seven (7) days for any given month.
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AITICLE Ill
ELECTIVE PROVINCIAL OFFICIAIS
Section 11. The Provincial Governor -
(A) The   provincial   governor,   as   the   chief   executive   of   the   provincial
government,  shall  exercise  such  powers  and perform  such  duties  and
functions as provided in the Icocal Government Code of 1991  and other
laws.
(8) 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   Icocal   Government  Code   of   1991,   the   provincial
governor shall:
(a)  Determine the guidelines of provincial poficies and be responsible to
the sangguniang panlalawigan for the program of the government;
(b) Direct the formulation of the provincial development plan,  with the
assistance of the provincial government council, and, upon approval
thereof by the sangguniang panlalawigan, implement the same;
(c)  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;
(d) 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 may be authorized by law to appoint except those who are to
be appointed by the vice-governor as provided in Section 12 hereof;
(e)  Represent the province in all its business transactions and sign on
its  behalf  all  bonds,  contracts,  and  obligations,  and  such  other
documents  upon  authority  of  the   sangguniang  panlalawigan   or
pursuant to law or ordinance;
(i)   Carry out such emergency measures as may be necessary during and
in the aftermath of man-made and natural disasters or calamities;
(g)  Determine  the  time,  manner,  and  place  of payment  of salaries  or
wages of provincial officials and employees, in accordance with law or
ordinance;
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(h) Allocate and assign office space to provincial and other officials and
employees who, by law or ordinance, are entitled to such space in the
provincial   capital   and   other  buildings   owned   or  leased   by  the
provincial government;
(i)   Ensure  that  all  executive  officials  and  employees  of  the  province
faithfully discharge their duties and functions as provided by law and
the  Local  Government  Code  of  1991,  and  cause  to  be  instituted
administrative or judicial proceedings against any official or employee
of   the   province   who   may   have   committed   an   offense   in   the
perfomiance of his official duties;
0.)   Examine  the  books,  records,  and  other  documents  of  all  officers,
officials,  agents,  or  employees  of the  province,  and,  in  aid  of his
executive  powers  and  authority  require  all  national  officials  and
employees  stationed in the province to make available to him  such
books,  records,  and other documents in their custody,  except those
classified by law as confidential;
(k) Furnish the Offlce of the President copies of executive orders issued
by him within seventy-two (72) hours after their issuance;
(1)   Visit  component  cities  and  municipalities  of  the  province  at  least
once every six (6)  months to deepen his understanding of problems
and conditions,  fasten and give appropriate counsel to local officials
and inhabitants,  infomi the officials and inhabitants of component
cities   and   municipalities   of  general   laws   and   ordinances   that
especially concern them and otherwise conduct visits and inspections
to ensure that the governance of the province will improve the quality
of life of the inhabitants;
(in) Act on leave applications of officials and employees appointed by him
and the commutation of the monetary value of their leave credits in
accordance with law;
(n) Authorize ofricial trips of provincial officials and employees outside of
the province for a period not exceeding thirty (30) days;
(o)  Call upon any national official or employee stationed in or assigried to
the province to advise him on matters affecting the province and to
make  recommendations  thereon;   coordinate  with  said  official  or
employee in the formulation and implementation of plans, programs,
and  projects;  and,  when  appropriate,  initiate  an  administrative  or
judicial action against a national government official or employee who
may  have   comniitted   an   offense   in   the   government   official   or
employee who may have committed an offense in the performance of
his duties while stationed in or assigned to the province;
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(p) Authorize   payments   for   medical   care,   necessary   transportation,
subsistence,  hospital,   or  medical  fees  or  provincial  officials  and
employees who are injured while in the performance of their official
duties and functions, subject to the availability of funds;
(q)  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;
(r)  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; and
(s)  Submit to the Office of the FTesident 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 given 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;  implement  all  approved  policies,
programs, projects,  services and activities of the province,  and in addition to
the foregoing, shall:
(a)  Ensure that the  acts  of the  component cities and municipalities  of
the province and of its officials and employees are within the scope of
their prescribed powers, duties, and functions;
(b) Call conventions, conferences, seminars, or meetings of elective and
appointive  officials  of  the  province  and  its  component  cities  and
municipalities,  including national  officials  and  employees  stationed
in or assigned to the province, at such time and place and on such
subject as he may deem important for the promotion of the general
welfare of the inhabitants;
(c)  Issue   such   executive   orders   for   the   faithful   and   appropriate
enforcement and execution of laws and ordinances;
(d) Be  entitled  to  carry  the  necessary  firearm  within  his  territorial
jurisdiction;
(e)  In    coordination    with    the    mayors    of   component    cities    and
municipalities  and  the  National  Police  Commission,  formulate  the
8


peace   and  order  plan   of  the  province   and,   upon  its   approval,
implement the same in accordance with Republic Act No. 6975; and
(I)   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 cities and municipalities where the
disorder  or violence  is  happening  are  inadequate  to  cope  with  the
situation.
(3) Initiate  and  maximize  the  generation  of resources  and  revenues,  and
apply the same to the implementation of development plans, programs,
objectives,  and priorities as provided for under  Section  18  of the  Local
Government  Code  of  1991,  particularly  those  resources  and  revenues
programmed  for  agro-industrial  development  and  country-wide  growth
and progress and, relative thereto, shall:
(a)  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
11 of the I,ocal Government Code of 1991;
(b) Prepare  and  submit  to  the  sangguniang panlalawigan  for  approval
the executive and supplement budgets of the province for the ensuing
calendar year in the manner provided under Title V,  Book 11  of the
Local Government Code of 1991;
(c)  Ensure  that  all  the  taxes  and  other  revenues  of the  province  are
collected,  and  that provincial  funds  are  applied  to  the  payment  of
expenses and settlement of obligations of the province, in accordance
with law or ordinance;
(d) Issue licenses and permits and suspend or revoke the same for any
violation of the conditions upon which said licenses or permits have
been issued, pursuant to law or ordinance;
(e)  Adopt adequate measures to safeguard and conserve land,  mineral,
marine,  forest,  and other resources of the province, in coordination
with the mayors of component cities or municipalities;
(I)   Provide  efficient  and  effective  property  and  supply management  in
the  province,   and  protect  the  funds,   credits,  rights,   and  other
properties of the province; and
(g)  Institute   or   cause   to   be   instituted   administrative   or   judicial
proceeding for violators of ordinances in the collection of taxes, fees,
or charges, and for the recovery of funds and properties, and cause
the  province  to  be  defended  against  all  suits  to  ensure  that  the
interests, resources, and rights are adequately protected.
9


(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 and, in addition thereto, sball;
(a)  Ensure  that  the  construction  and  repair  of  roads  and  highways
funded by the national government  shall be,  as far as practicable,
carried out in a spatially contiguous manner in coordination with the
construction and repair of the roads and bridges of the province and
its component cities and municipalities; and
(b)  Coordinate  the  implementation  of  technical   services  by  national
offices for the province and its component cities and municipalities,
including public works and infrastructure programs of the provincial
government and its component cities and municipalities.
(5) Exercise such powers and performs such other duties and functions as
may be prescribed by law or ordinances.
(C) The  provincial  governor  shall  receive  a  minimum  monthly  compensation
corresponding to Salary Grade (30) prescribed under Republic Act No. 6758
and its implementing guidelines.
Section 12. The Vice-Governor -
(A) The Vice-Governor shall:
( 1) Be the presiding officer of the sangguniang panlalawigan and sign all
warrants  drawn on the provincial treasury for all the expenditures
appropriated for the operation of the sangguniang panlalawigan;
(2)  Subject  to  the  civil  service  law,  rules  and  regulations,  appoint  all
officials  and  employees  including  the  secretary  to  the  sagguniang
panlalawigan and such employees of the individual members of the
sangguniang    panlalawigan,    except    those    whose    manner    of
appointment is specifically provided for under existing laws;
(3) Assume the office of the governor for the unexpired term of the latter
in the event of permanent vacancy, as provided in Section 44, Book 1
of the I,ocal Government Code of 1991 ; and
(4) Exercise  the  powers  and  perform  the  duties  and  functions  of the
governor in cases of temporary vacancy,  as provided for in  Section
46, Book 1 of the Ijocal Government Code of 1991; 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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(8) The Vice-Governor shall receive a monthly compensation corresponding
to Salary Grade Twenty-Eight (28) under Republic Act No. 6758 and the
implementing guidelines issued pursuant thereto.
ARTICLE IV
THE SAHGGUHIAIIG PAnlLALAwrlGAIT
Section 13. The Sangguniang Fbnlalawigan -
(A) The sangguniang panlalawigan, the lestslative 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
sangguniang members of component cities and municipalities and 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 concerned 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.
(8) The  regular  members  of  the  sagguniang  panlalawigan  and  the  sectoral
representatives shall be elected in the manner provided for by law, and shall
receive  a monthly compensation  corresponding to  Salary  Grade Twenty -
Seven (27) as prescribed under Republic Act No. 6758 and its implementing
guidelines issued pursuant thereto.
Section 14. The Provincial Legislative Function -
(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  Icocal  Government  Code  of  1991  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, and shall:
(1) Approve  all ordinances  and pass resolutions necessary for an  efficient
and effective provincial government, and in this connection, shall:
(a)  Review all ordinances and pass resolutions necessary for an efficient
and effective provincial government;
(b) Maintain  peace  and  order  by  enacting  measures  to  prevent  or
suppress lawlessness, riot, violence, rebellion or sedition and impose
penalties for the violation of said ordinances;
(c)  Approve  ordinances  imposing  a  fine  not  exceeding  Five  Thousand
(P5,OOO.00)  Pesos  or  imprisonment  not  exceeding  one  (1)  year,  or
11


both,  in the discretion of the court, for the violation of a provincial
ordinance;
(d) 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   or   calamities   and   their   return   to
productive livelihood following said events;
(e)  Enact   ordinances   intended   to   prevent,   suppress,   and   impose
appropriate  penalties  for  habitual  dmnkenness  in  public  places,
vagrancy,    mendicancy    and    prostitutions,    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 dnig dens,  dug pushing,
juvenile  delinquency,  the  printing  distribution,   and  exhibition  of
obscene  or  pornographic  materials  or  publications  and  such  other
activities inimical to the welfare and morals of the inhabitants of the
province;
(I)   Ilotect the environment.   To this end,  it may set aside at least ten
percent of its development funds for the purpose of maintaining or
enhancing the ecological balance of the province.   It may also impose
appropriate penalties for acts that 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  that  result  in  pollution,
acceleration  of  eutrophication  of rivers  and  lakes,  or  of  ecoloedcal
balance;
(g)  Subject to the provisions of the Local Government Code of 1991, and
pertinent  laws,  determine  the  powers  and  duties  of  officials  and
employees of the province;
(h) Determine the positions and salaries, wages,  allowances,  and other
emoluments  or  benefits  of officials  and  employees  paid  wholly  or
mainly from provincial funds, and provide for expenditures necessary
for the proper conduct of programs, projects, services, and activities
of the national government;
(i)   Authorize payment of compensation to a qualified person not in the
government  service  who  fills  up  a  temporary  vacancy,   or  grant
honorarium to any qualified ofricial or employee designated to fill a
temporary vacancy in concurrent capacity, at the rate of authorized
by law;
ti)  Hovide  mechanism  and  appropriate  funds  therefor  to  ensure  the
safety  and  protection  of all  provincial  government  property,  public
12


documents or records,  such as those relating to property inventory,
land  ownership,  records  of  birth,  marriages,  death,  assessments,
taxation,  accounts,  business  permits,  and  such  other records  and
documents  of public  interest in the offices  and departments  of the
provincial government;
(k) When  the  finances  of the  provincial  government  allow,  provide  for
addition allowances and other benefits to judges, prosecutors, public
elementary and high school teachers, and other national government
officials stationed or assigned to the province;
(1)   Provide   legal   assistance   to   provincial   and   municipal   officials
including   the   members   of   the   provincial   police,   who,   in   the
performance of their official duties or on the occasion thereof, have to
initiate  judicial   proceedings   or   defend   themselves   against   legal
actions.  The sangguniang panlalawigan may authorize the provincial
governor to engage the services of a private counsel for this purpose;
and
(in)Provide   for   group   insurance   coverage   for   all   officials,   including
members  of barangay tanod brigades  and  other  service units,  with
public  or  private  insurance  companies,  when  the  finances  of  the
provincial government allow said coverage.
(2)  Generate  and  maximize  the  use  of  resources  and  revenues  for  the
development plans, program of objectives and priorities of the province
as provided for under Section  18 of the I,ocal Government Code of 1991,
with particular mention of the agro-industrial development and country-
wide growth and progress and relative thereto, shall:
(a)  Enact   the   annual   supplemental   appropriation   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;
(b)  Subject to the provisions of Book 11 of the Local Government Code of
1991 and other applicable laws, and upon the majority vote of all the
members of the sangguniang panlalawigan, enact ordinances levying
taxes,  fees,  and  other  charges,  prescribing  the  rates  thereof  for
general   and   specific   purposes,   and   granting   tax   exemptions,
incentives, or reliefs;
(c)  Subject to the provisions of Book 11 of the Local Government Code of
1991 and other applicable laws, and upon the majority vote of all the
members of the sangguniang panlalawigan, authorize the governor to
negotiate and contract loans and other forms of indebtedness;
13


(d)  Subject to the provisions of Book 11 of the I,ocal Government Code of
1991 and other 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;
(e)  Appropriate funds for the constmction or maintenance or the rental
of building for the use of the province; and upon the majority vote of
all  the  members  of  the  sagguniang  panlalawigan,  authorize  the
provincial governor to lease to private parties such public buildings
held  in  proprietary  capacity,   subject  to  existing  laws  rules  and
regulations;
(I)   Prescribe  reasonable  limits  and  restraints  on  the  use  of  property
within the jurisdiction of the province;
(g)  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;
(h) Reclassify lands within the jurisdiction of the province subject to the
pertinent provisions of the Local Government Code of 1991 ;
(i)   Adopt measures to enhance the full implementation of the national
agrarian  reform  prograln  in  coordination  with  the  Department  of
Agrarian Reform ;
ti)   Enact integrated zoning ordinances in consonance with the approved
comprehensive  provincial  land  use  plan,  subject  to  existing  laws,
rules and regulations;   establish fire limits or zones, particularly in
populous    centers,    and    regulate    the    construction,    repair    or
modification   of   buildings   within   said   fire   limits   or   zones   in
accordance with the provisions of the Fire Code;
(k)  Subject to national law,  process  and approve  subdivision plans  for
residential, commercial or industrial purposes and other development
purposes, and collect processing fees and other charges, the proceeds
of which  shall  accrue  entirely  to  the  province:    Provided,  however,
that  where  approval  of a  national  agency is  required  by  law,  said
approval  shall not be withheld for more than thirty  (30)  days  from
receipt of the application.  Failure to act on the application within the
aforementioned   prescribed   period   shall   be   deemed   as   approval
thereof;
(1)   Subject to the provisions of Book 11 of the Icocal Government Code of
1991   and  other  applicable  laws,   grant  the  exclusive  privilege  of
constructing fish corrals or fish pens in the province;
14


(in)With the concurrence of at least two-thirds (2/3) of all the members
of the sangguniang panlalawigan,  grant tax exemptions,  incentives,
or   relief   to   entities   engaged   in   community   growth   including
industries, subject to the provisions of the Icocal Government Code of
1991;
(n) Grant loans or provide grants to other local government units or to
national, provincial, municipal charitable, benevolent, or educational
institutions operated and maintained within the province;
(o)  Regulate   the   numbering   of   residential,   commercial,   and   other
buildings; and
(p) Regulate  the  inspection,   weighing,   and  measuring  of  articles  of
commerce.
(3)  Subject to the provisions of the Local Government Code of  1991,  grant
franchises,   approve  the  issuances  of  permits  or  licenses,   or  enact
ordinances levying taxes,  fees,  and charges upon  such  conditions  and
for  such  purposes  intended  to  promote  the  general  welfare  of  the
inhabitants  of the province,  and pursuant to the legislative  authority,
shall:
(a)  Fix and impose reasonable fees and charges for all services rendered
by the provincial government to private persons or entities;
(b)  Regulate   and   fix   license   fees   for   any   business   or   practice   of
profession within the province and the conditions under which the
license  for  said  business  or practice  of profession  may  be  revoked
and enact ordinances levying taxes thereon;
(c)  FTovide  for  and  set  the  terms  and  conditions  under  which  public
utilities  owned  by the  province  shall be  operated  by the provincial
government, and prescribe the conditions under which the same may
be leased to private persons or entities, preferably cooperatives;
(d) Regulate the display of and fK the hicense fees for sigris, signboards,
or billboards at the place or places where the profession or business
is advertised thereby is, in whole or in part, conducted;
(e)  Any law to the  contrary notwithstanding,  authorize and license the
estabfishment, operation, and maintenance of cockpits, and regulate
cockfighting and commercial breeding of gamecocks.   Existing rights
should not be prejudiced;
(0   Subject to  the  guidelines  set by the  Department  of Transportation
and  Communications,  regulate the  operation  of tricycles  and  grant
franchises for the operation thereof within the territorial jurisdiction
of the province; and
15


(g)  Upon   approval   by   a   majority  vote   of  all   the   members   of  the
sangguniang   panlalawigan,   grant   a   franchise   to   any   person,
partnership,  corporation,  or  cooperative  to  do  business  within  the
province;    establish,    construct,    operate,    and   maintain    ferries,
wharves,  markets,  or  slaughterhouses;  or  undertake  such  other
activities within the province as may be allowed by existing law.
(4) Regulate   activities  relative   to   the  use   of  the  land,   buildings,   and
structures within the province to promote the  general welfare  and for
said purpose shall:
(a)  Declare, prevent, or abate nuisance;
(b) With  the  concurrence  of a majority vote  of all the members  of the
sangguniang panlalawigan, a quorum being present, deny the entry
of legalized gambling by ordinance into any part of the province or
regulate its location in the province;
(c)  Require the buildings and the premises thereof and any land within
the province be kept and maintained in a sanitary condition, impose
penalties  for any violations thereof;  or upon failure  to  comply with
such requirements, have the work done at the expense of the owner,
administrator, or tenant concerned, and require the filling up of any
land or premises to a grade necessary for proper implementation;
(d) Regulate  the  disposal  of clinical  and  other  wastes  from  hospitals,
clinics and other similar establishments;
(e)  Regulate  the  establishment,  operation  and  maintenance  of  cafes,
bars, restaurants, beer, wine and liquor stores, hotels, motels, inns,
pension houses, dorms, and other siniilar establishments, including
tourist guides and transportation services;
(I)   Regulate the sale, diving away, dispensing of intoxicating malt, vino,
or mixed or fermented liquors at any provincial retail outlets;
(g)  Regulate the establishment and provide for the inspection of steam
boilers or any heating device on any building or structures, and the
storage  of  inflammation  and  other  highly  combustible  materials
within the province;
(h) Regulate   the   establishment,   operation   and   maintenance   of  any
entertainment or amusement facilities,  including the theatrical and
stage  performances,  circuses,  billiard  pools,  public  dancing  halls,
computer  gaming  cafes  and  bars,  health  and  fitness  spas,  sauna
baths,   massage  parlors,   and  other  places  for  entertainment  or
amusement; regulate such other events or activities for amusement
or  entertainment,   particularly  those  which  tend  to   disturb   the
community or armoy the inhabitants,  or require the suspension  or
16


suppression of the same; or prohibit certain forms of amusement or
entertainment in order to protect the social and moral welfare of the
community;
(i)   Regulate  the  establishment,  operation  and  maintenance  of funeral
parlors and the burial or cremation of the dead,  subject to existing
laws, rules and regulations;
ti)   Regulate  the  establishment,  operation  and  maintenance  of  gyms,
sport  centers,  health  and  fitness  spas,  and  similar  centers  and
parlors, subject to existing laws, rules and regulations; and
(k)  Provide for the impounding of stray animals; regulate the keeping of
animals inside homes or as part of a business,  and the  slaughter,
sale or disposition of the same; and adopt measures to prevent and
penalize cruelty to animals.
(5) Approve ordinances which shall ensure the efficient and effective delivery
of basic  services  and  facilities  as  provided  is  Section  17  of the  Local
Government Code of 1991 and, in addition to said services and facilities,
shall:
(a)  Provide   for   the   establishment,   maintenance   and   protection   of
communal    forests    and    watersheds,    tree    parks,     greenbelts,
mangroves, and other simhar forest development projects;
(b) Establish markets, slaughterhouses, or animal corrals and authorize
the operation thereof by the provincial government; and regulate the
construction  and  operation  of public  markets,  talipapas,  or  other
similar buildings or structures;
(c)  Authorize  the  establishment,  maintenance  and  operation  by  the
provincial   government  of  ferries,   wharves,   and   other   structures
intended  to  accelerate  productivity related  to  marine  and  seashore
and offshore activities;
(d) Regulate the preparation and sale of meat, poultry, fish, vegetables,
fruits,   fresh   dairy   products,   and   other   food   stuff   for   public
consumption;
(e)  Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks
and other public places and approve the construction, improvement,
repair, and maintenance of the same; establish bus and vehicle stops
and terminals and regulate the use of the same by privately owned
vehicles  which  serve  the  pubHc;  regulate  garages  and  operation  of
conveyances  for  hire;    designate  stands  to  be  occupied  by  public
vehicles when not in use;  regulate the putting up of signs, signposts,
awnings  and  awning post on the  streets;    and provide for lighting,
cleaning and sprinkling of streets and public places;
17


(fl  Regulate traffic on all, streets and bridges, prohibit encroachment or
obstacles  thereon  and,  when  necessary  in  the  interest  of  public
welfare,    authorize   the   removal   of   encroachments   and   illegal
settlement structures and constructions in public lands and areas;
(g)  Subject to existing laws, establish and provide for the maintenance,
repair,  and operation of efficient waterworks system to supply water
for  the  inhabitants  and  to  purify the  source  of the  water  supply;
regulate the construction, maintenance, repair and use of hydrants,
pumps, cisterns and reservoirs; and protect the purity and quantity
of the water supply of the province;
(h) Regulate the drilling and excavation of the ground for water source,
laying of water,  gas,  sewer,  and other pipes,  and the  conservation,
repair, and maintenance of public drains, sewers, cesspools, tunnels
and similar structures; regulate the placing of poles and the use of
crosswalks,  curbs  and  gutters,  adopt  measures  to  ensure  public
safety  against  open  canals,  manholes,  livewires,  and  other  similar
hazards to life and property, and regulate the construction and use of
private   water   closets,   privies,   and   other   similar   structures   in
buildings and homes;
(i)   Regulate  the  placing,   stringing,   attaching,   installing,   repair  and
construction  of all  gas  mains,  electric  telegraph  and  electric  wires
and cables, conduits, meters,  support structures, and other similar
apparatus and provide for the correction, condemnation, removal of
the   same  when   found  to  be   dangerous  to   the  welfare  of  the
inhabitants;
ti)   Subject to the  availability of funds  and to  existing laws,  rules  and
regulations, provide for the estabrishment and operation of vocational
and    technical    schools    and    other    post-secondary    educational
institutions; and, with the approval of the Department of Education,
and subject to the existing laws on the regulation of tuition fees, fix
reasonable  tuition  fees  and  other  school  charges  in  educational
institutions supported by the provincial government;
(k) Establish  an  education  and  training  scholarship  fund  for  the  poor
but deserving constituents in schools located within its jurisdiction
or of students residing within the province;
(I)  Approve measures and adopt quarantine regulations to prevent the
introduction and spread of distress within its territorial jurisdiction;
(in)Provide  for  the  care  of  paupers,  the  aged,  the  sick,  persons  of
unsound   mind,   abandoned   minors,   abused   children,   disabled
persons, juvenile delinquents, dug dependents and other needy and
disadvantaged   persons,   particularly   children   and   youth   below
eighteen   (18)   years  of  age;   subject  to  the   availability  of  funds,
18


establish and support the operation of centers and facilities for said
needy and disadvantaged persons and facilitate the efforts to promote
the   welfare   of   the   families   below   the   poverty   threshold,   the
disadvantaged, and the exploited;
(n) Establish and provide for the maintenance and improvement of jails
and detention centers, institute a sound jail management program,
and appropriate funds for the subsistence of detainees and convicted
prisoners of the province;
(o)  Establish  a  provincial  council  whose  purpose  is  the  promotion  of
culture and the arts, coordinate with government agencies and non-
governmental  organizations  and  subject to  the  availability of funds
appropriate funds for the support and development of the same; and
(p) Establish  a  provincial  council  for  the  elderly  veterans  that  shall
formulate  policies  and  adopt  measures  mutually  beneficial  to  the
elderly  and  the  province;  and  subject  to  the  availability  of funds,
appropriate funds to support programs and projects for the elderly;
and provide incentives for non-governmental agencies and entities to
support the prograln and projects of the elderly.
(6)  Exercise   such   other   powers   and   perform   such   other   duties   and
functions as provided for under the Icocal Government Code of 1991 and
as may be prescribed by law or ordinance.
ARTICLE V
PROCESS OF LEGISIATION
Section 15. Internal Rules of Hocedures -
(A) On  the first regular  session following the  election  of its members  and
within ninety (90)  days thereafter,  the Sangguniang Panlalawigan shall
adopt its own rules of procedure.
(8) 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
sham not be lilnited to, the committees on appropriations, revenues,
endrneering  and  public  works,  education  and  health,  women  and
family, human rights, youth and sports development, environmental
protection, peace and order and traffic, and cooperatives; the general
jurisdiction of each committee; and the election of the chaiman and
the members of each committee;
(2) The order and calendar of business for each session;
19


(3) The legislative process;
(4) The parlialnentary procedures that include the conduct of members
during the sessions;
(5) The  discipline  of  members  for  disorderly  behaviors  and  absences
without justifiable cause for four  (4)  consecutive sessions for which
they may be censured,  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 at least two-
thirds vote of all the saggunian members; Provided, further, that the
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   16.   Full   Disclosure   of  Financial   and   Business   Interests   of
Sangguniang Panlalawigan Members -
(A) Every  Sangguniang  Panlalawigan  member  shall,  upon  assumption  to
office, make a full disclosure of his business and financial interests.   He
shall also disclose any business and financial, professional relationship,
or  any  relation  by  affinity  or  consanguinity  within  fourth  civil  degree
which  he  may have  with  any person,  firm,  or  entity  affected  by  any
ordinance or resolution under consideration by the sanggunian of which
he  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   agreements   with   any  person   or   entity  which   the
ordinance or resolution under consideration may affect.
In  the  absence  of a  specific  constitutional  or  statutory  provisions
applicable to this situation, "conflict of interest" refers in general to
one  where  it  may  be  reasonably  deduced  that  a  member  of  the
sangguniang panlalawigan may not act in the public interest due to
some private, pecuniary, or other personal considerations that may
tend to affect his judgment to the prejudice of public service.
(a) The  disclosure  required  under  this  Ac  shall  be  made  in  whting  and
submitted  to  the  secretary  of the  sangguhian  or  the  secretary  of the
committee of which he is a member.   The disclosure shall, in all cases,
form  part  of the  record  of the  proceedings  and  shall  be  made  in  the
following in-er:
(1) Disclosure  shall  be  made  before  the  member  participates  in  the
deliberations  of  the  ordinance  or  resolution  under  consideration:
20


Provided,   that   if   the   member   did   not   participate   during   the
deliberations,  the  disclosure  shall  be  made  before  voting  on  the
ordinance or resolution on second and third readings; and
(2) Disclosure shall be made when a member takes a position or makes
a privileged speech on a matter that may affect the business interest,
financial connection, or professional relationship described herein.
Section 17. Sessions -
(A) On  the  first  day  of  session  immediately  fonowing  the  election  of  its
members,  the  sangguniang  panlalawigan  shall,  by  resolution,  fix  the
day,  time,  and place of its regular sessions.   The minimum number of
regular sessions of the sangguniang panlalawigan shall be once a week;
(8) When the public interest so demands, special sessions may be called by
the   provincial   governor   or   by  a  majority  of  the   members   of  the
sanggunian;
(C) All  sanggunian  session  shall  be  open  to  pubHc  unless  a  closed-door
session is ordered by the affimiative vote of a majority of the members
present,  there being a quorum, in the public interest or for reasons of
public  security,  decency,  or  morality.    No  two  (2)  sessions,  regular  or
special, may be held in a single day; and
(D) In the case of special sessions of the sanggunian, a whtten 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 concuITed in by two-thirds  (2/3) vote of the members
present, there being a quorum, no other matters may be considered at a
special session except those stated in the notice.
(E) The  sanggunian  shall  kept  a  record  and  a journal  of its  proceeding
which    may    be    published    upon    resolution    of   the    sanggunian
panlalawigan.
Section 18. Quorum -
(A) A majority of the members of the sanggunian who have been elected and
qualified shall constitute a quorum to transact official business.   Should
a question of quorum be raised during the session, the presiding officer
shall immediately proceed to call the roll of the members and thereafter
announce the results;
(a) Where  there  is no  quorum,  the presiding officer may declare  a recess
until such time that a quorum is constituted, or a majority of members
present   may   adjourn  from   day  to   day   to   compel   the   immediate
attendance   of   any   member   absent   without   justifiable   cause   by
designating a member of the sanggunian, to be assisted by a member of
21


the ponce force assigned in the territorial jurisdiction of the province, to
arrest the absent member and present at the session; and
(C) If there is  still no quorum despite the enforcement of the provisions  of
the  immediate  preceding  subsection,  no  business  shall  be  transacted.
The presiding officer, upon proper motion duly approved by the members
present, shall then declare the session adjourned for lack of quorum.
Section 19. Approval of Ordinances -
(A) Every  ordinance  enacted  by  the  sangguniang  panlalawigan  shall  be
presented to the governor.   If the governor approves the same, he shall
affix his  signature on each and every page thereof;  otherwise,  he shall
veto it and return the same with his objections to the sanggunian, which
may proceed to reconsider the same.   The sanggunian may override the
veto of the governor by two-thirds (2/3) vote of all its members, thereby
making  the   ordinance   or   resolution   effective   for      all   intents   and
purposes; and
(8) The  veto  shall  be  commurricated  by  the  governor  to  the  sangguniang
panlalawigan within fifteen  ( 15)  days;  otherwise, the ordinance shall be
deemed approved as if he had signed it.
Section 20. Veto power of the Governor -
(A) The  provincial  governor  may  veto  any  ordinance  or  resolution  of the
sanggunian panlalawigan on the ground that it is prejudicial to public
welfare, stating his reasons thereof in writing;
(8) The 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,   a  public   investment  program,   or   an   ordinance
directing the payment of money or creating liability.   In such case,  the
veto  shall  not  affect the item  or items which  are not  objected  to.  The
vetoed  item  or  items  shall  not  take  effect  unless  the  sangguniang
panlalawigan   overrides   the   veto   in   the   manner   herein   provided;
otherwise,  the  item  or  items  in  the  appropriations  ordinance  of  the
previous year corresponding to those vetoed, if any, shall be deemed re-
enacted.
(C) The  governor  may  veto  an  ordinance  or  resolution  only  once.     The
sanggunian may override the veto by the governor by two-thirds  (2/3)
vote  of all  its  members,  thereby  making  the  ordinance  or  resolution
effective even without the approval of the provincial governor.
22


ARTICLE VI
DISQUALIFICATION AND SUCCESSION FOR
ELECIVE PROVINCIAL OFFICIAIS
Section 21. Disqualiflcations -The following persons are not qualified from
running for any elective position in the province:
(A) Those  sentenced  by  fmal  judgment  for  an  offense  involving  moral
turpitude or an offense punishable by one (1) year or more imprisonment
within two (2) years after serving the sentence;
(8) Those removed from office as a result of an administrative case;
(C) Those convicted by final judgment for violating the oath of allegiance to
the republic;
(D) Those with dual allegiance;
(E) Fugitives from justice in criminal or non-political cases here or abroad;
(F) Permanent residents in a foreigri country or those who have acquired the
right to reside abroad and continue to avail of the same right after the
effectivity of the I,ocal Government Code of 1991 ; and
(G) The insane or feeble-minded.
Section 22. Temporary Vacancy in the Office of the Provincial Governor -
(A) When the governor is temporarily incapacitated to perform his duties for
physical or legal reasons such as,  but not limited to, leave of absence,
travel   abroad,   and   suspension   from   office,   the  vice-governor   shall
automatically exercise the powers and perform the duties and functions
of the governor, except to appoint, suspend, or disniiss employees which
can only be exercise if the period of temporary incapacity exceeds thirty
(30) working days.
(a) Said  temporary  incapacity  shall  terminate  upon  submission  to  the
sangguniang panlalawigan of a whtten declaration by the governor that
he has reported back to office.   In case where the temporary incapacity
is   due   to   legal   cause,   the   governor   shall   also   submit   necessary
documents showing that the said legal cause no longer exist.
(C) When the provincial governor is travelling within the country but outside
the territorial jurisdiction of the province for a period not exceeding three
(3) consecutive days, he may designate in writing the office-in-charge off
his  office.    Such  authorization  shall  specify the powers  and  functions
23


that  the  local  official  concerned  shall  exercise  in  the  absence  of the
governor except the power to appoint, suspend, or dismiss employees.
(D) In the  event however,  that the  governor fails  or refuses to  issue  such
authorization,  the  vice-governor  shall  have  the  right  to  assume  the
powers,  duties  and  functions  of the  said  office  on  the  fourth  day  of
absence   of   the   governor,   subject   to   the   lihitations   provided   in
subsection (c) hereof.
(E) Except as provided above,  the governor shall in no case authorize any
local official to assume the powers,  duties,  and functions of the office,
other than the vice-governor.
Section 23. Permanent Vacancy in the Office of the Provincial Governor
and the Office of the Provincial Vice-Governor -
(A) If a permanent vacancy occurs in the office of the provincial governor,
the provincial vice-governor or in case of his or her permanent inability,
the  highest  ranking  sangguniang  panlalawigan  member  shall  become
the provincial governor.
(8) If  a  pemianent  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   second   hichest   ranking   sangguniang   panlalawigan
member shall become the provincial vice-governor.
(C) Subsequent vacancies shall be filled automatically by other sangguniang
panlalawigan members according to their ranking.
(D) A tie between or among the highest ranking sangguniang panlalawigan
members shall be resolved by drawing of lots.
(E) The successors as defined herein shall serve only the unexpired terns of
the predecessors.
(F) For purposes of this Act, a permanent vacaney arises when an elective
official  fiills  a  higher  vacant  office,  refuses  to  assume  office,  falls  to
qualify,  dies, is removed from office, voluntarily resigns or is otherwise
permanently incapacitated to discharge the functions of his or her office;
and
(G) For  purposes  of  succession  as  provided  in  this  Act,  ranking  in  the
sangguniang  panlalawigan  shall  be  determined  on  the  basis  of  the
proportion  of votes  obtained  by  each  winning  candidate  to  the  total
number of registered voters in the province in the immediately preceding
local elections.
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Section 24. Permanent Vacancies in the Sangguniang Fbnlalawigan -
(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.
(a) 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 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  hichest  official  of the  political
party  concerned  are  conditions  s{.rie  qua  nan,  and  any  appointment
without such nomination and certification shall be null and void cib j"t{.o
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 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 vacaney shall be fiiilled in automatically
by the official next-in-rank of the organization concerned.
imTlcLE VII
APPOINTIVE PROVINCIAL OFF`ICIALS: THEIR QUAI;IFICATIONS,
POWERS AND DUTIES
Section 25. The Secretary to the Sangguniang Panlalawigrn -
(A) There shall be a secretary to the sangguniang panlalawigan who shall be
a career ofricial, with the rank and salary equal to a head of department
or offlce;
(8) No person shall be appointed secretary to the sanggunian unless he is a
citizen  of  the  Philippines,   a  resident  of  the  local  government  unit
concerned,  of  good  moral  character,  a  holder  of  a  master's  degree
preferably law,  commerce,  or  public  administration  from  a  recognized
college   or  university,   and  a  first  grade   civil   service  eligible   or  its
equivalent.
(C) Secretary  to  the  sanggunian  shall  take  charge  of  the  office  of  the
sangguniang panlalawigan, and shall:
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(1) Attend   meetings   of   the   sanggunian   and   keep   journal   of   its
proceedings;
(2)  Keep the seal of the local government unit and affix the same with his
signature to all ordinances, resolutions, and other official acts of the
sanggunian,  and  present  the  same  to  the  presiding  officer  for  his
signature;
(3)  Forward to the governor,  for approval,  copies of ordinances enacted
by the sanggunian and duly certified by the presiding officer, in the
manner provided for in Section 54 of the I,ocal Government Code of
1991;
(4) Forward to the  sangguniang bayan or sangguniang panlungsod,  as
the case may be, copies of duly approved ordinances, in the manner
provided  in  Sections  56  and  57  of the  Local  Government  Code  of
1991;
(5) Furnish, upon the request of any interested party, certified copies of
records  of public  character  in  his  custody,  upon  payment  to  the
treasurer of such fees as may be prescribed by ordinance;
(6) Record  in  a  book  for  the  purpose,  all  ordinances  and  resolutions
enacted or adopted by the sanggunian, with the dates of passage and
publication thereof;
(7) Keep his office and all non-confidential records therein open to the
public during the usual business hours;
(8) Translate into the dialect used by the majority of the inhabitants all
ordinances  and  resolutions  immediately  after  their  approval,  and
cause the publication of the same together with the original version
in the manner provided under the Local Government Code of 1991;
and
(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 position.
Section 26. The F[ovincial Treasurer -
(A) The treasurer shall be appointed by the Secretary of Finance from the
list of at least three  (3)  ranting eliSble recommendees of the governor,
subject to civil service law, rules and regulations;
26


(8) The treasurer shall be under the direct supervision  of the  governor to
whom he shall report regularly on the tax collection efforts in the local
gove-ent unit.
(C) No  person  shall  be  appointed  treasurer  unless  he  is  a  citizen  of the
Philippines,  a  resident  of  the  local  government  unit,  of  good  moral
character,  a holder of a college  degree preferably in  commerce,  public
administration, or law from a recognized college or university, and a first
grade  civil  service  eligible  or  the  equivalent.    He  must  have  acquired
experience in treasury or accounting service for at least five (5) years.
The appointment of the treasurer shall be mandatory.
(D) He shall take charge of the treasury office, perfomi the duties provided
for under Book 11 of the I+ocal Government Code of 1991, and shall;
(1) Advise  the  governor,  or  the  sanggunian,  as  the  case  may be,  and
other national or local officials concerned regarding the disposition of
the  local  government funds  and  on  such  other matters  relative  to
public finance;
(2) Take  custody and exercise proper management of the funds  of the
local government unit concerned;
(3) Take charge of the disbursement of all local government funds  and
such other funds the custody of which may be entmsted to him by
law or other component authority;
(4) Inspect private commercial and industrial establishments within the
].urisdiction of the province in relation to the implementation of tax
ordinances,   pursuant  to  the  provisions  of  Book  11  of  the  Icocal
Government Code of 1991 ;
(5) Maintenance  and  update  the  tax  information  system  of the  local
government urLit; and
(6) Exercise technical supervision over all treasury offices of component
cities and municipalities;
(E) Exercise  such  other  powers  and  perform  such  other  functions  and
duties as may be prescribed by law o ordinance.
Section 27. The Provincial Assessor -
(A) No  person  shall  be  appointed  assessor  unless  he  is  a  citizen  of  the
Philippines, a resident of the province, of good moral character, a holder
of  a   college   degree   preferably   in   civil   or   mechanical   engineering,
commerce,  or  any  other  related  course  from  a  recognized  college  or
university, and a first grade civil service eligibility or its equivalent.   He
27


must have experience in real property assessment work or in any related
field for at least five (5) years.
The appointment of the provincial assessor shall be mandatory.
(8) The  assessor  shall  take  charge  of  the  assessor's  ofrice,  perform  the
duties provided for under Book 11 of the Local Government Code of 1991,
and shall:
(1) Ensure   that   all  laws   and   policies   governing  the   appraisal   and
assessment  of  real  properties  for  taxation  purposes  are  properly
executed;
(2)  Initiate,  review,  and recommend changes in policies  and  objectives,
plans  and  programs,  techniques,  procedures,  and  practices  in  the
valuation and assessment of real properties for taxation purposes;
(3)  Establish a systematic method of real property assessment;
(4) Install  and  maintain  a  real  property  identification  and  accounting
system;
(5) Prepare,  install,  and  maintain  a  system  of tax  mapping,  showing
graphically all properties subject to assessment and gather all data
concerning the sane;
(6) Conduct frequent physical  surveys to verify and determine whether
all  real  properties  within  the  province  are  properly  listed  in  the
assessment rons;
(7) Exercise  the  functions  of  appraisal  and  assessment  primarily  for
taxation purposes of all properties in the province;
(8) Prepare the schedule of the market value for the different classes of
real  properties,  in  accordance  with  Title  11,  Book  11,  of  the  Local
Government Code of 1991 ;
(9) Issue,   upon  request  of  any  interested  party,   certified  copies   of
assessment records of real property and all other records relative to
its  assessment,  upon  payment  of  a  service  charge  or  fee  to  the
treasurer;
(10)     Submit  every  semester  a  report  of  all  assessment,  as  well  as
cancellations and modifications of assessments to the governor and
the sangguniang panlalawigan; and
28


(11)     Exercise  technical  supervision  and  visitorial  functions  over  all
component    cities    and    municipal    assessors,    coordinate    with
component city or municipal assessors in the conduct of tax mapping
operations and all other assessment activities, and provide all forms
of assistance therefor; Provided, however, that, upon full provision of
the component city or municipality concerned to its assessor's office
of the minimum personnel, equipment, and funding requirements as
may be prescribed by the Secretary of Finance, such functions shall
be delegated to the municipal assessor.
(C) Exercise   such   other   powers   and   perfomi   such   other   duties   and
functions as may be described by law or ordinance.
Section 28. The Fhovincial Accountant -
(A) No  person shall be appointed accountant unless he is  a citizen  of the
Philippines,  a resident of the province,  of good moral character,  and a
certified public  accountant.   He must have acquired  experience in  the
treasury or accounting service for at least five (5) years.
The appointment of a provincial accountant shall be mandatory.
(a) The accountant shall take charge of both the accounting and internal
audit service of the province, and shall:
( 1) Install and maintain an internal audit system in the province;
(2) Prepare and submit financial statements to the governor and to the
sangguniang panlalawigan;
(3) Apprise the  sanggunian and other local government officials on the
financial condition and operation of the provincial government;
(4) Certify   to   the   availability   of   budgetary   allotment       to   which
expenditures and obligations may be properly charged;
(5)  Review  supporting  documents  before  preparation  of  vouchers  to
determine completeness of requirements ;
(6) Prepare    statements    of    cash    advances,liquidation,    salaries,
allowances,   reimbursements,   and   remittances   pertaining  to   the
provincial government;
(7) Prepare  statement of journal vouchers  and liquidation  of the  same
and other adjustments related thereto;
(8) Post  individual  disbursements  to  the  subsidiary  ledger  and  index
cards;
29


(9) Maintain   individual   ledgers   for   officials   and   employees   of   the
provincial government pertaining payrolls and deductions;
(10)     Record  and  post  in  index  cards  details  of purchased  furniture,
fixtures and equipment, including disposal thereof, if any;
(11)     Account for all issued requests for obligations and maintain and
keep all records and reports related thereto; and
(12)     Preparejoumals and the analysis of obfigations and maintain and
keep all records and reports related thereto.
(C) Exercise  such  other  powers  and  perform  such  other  functions  and
duties as may be provided by law or ordinances.
Section 29. The Provincial Budget Officer -
(A) No person shall be appointed budget officer unless he is a citizen of the
Philippines, a resident of the province, of good moral character, a holder
of   a   couege   degree   preferably   in   accounting,   economics,   public
administration,   or  any  related  course  from  a  recogrrized  college  or
university,  and  a first grade civil  service  eligible  or its  equivalent.    He
must  have  acquired  experience  in  government  budgeting  or  in  any
related field for at least five (5) years.
The appointment of a provincial budget officer shall be mandatory.
(8) The budget officer shall take charge of the budget office, and shall :
(1) Prepare   forms,   orders,   and   circulars,   embodying  instruction   on
budgetary   and   appropriation   matters   for   the   signature   of  the
governor;
(2) Review and consolidate the budget proposals of different departments
and offices of the province;
(3) Assist the governor in the 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)  Subniit periodic budgetary reports to the Department of Budget and
Management;
30


(6) Coordinate with the treasurer, the accountant, and the planning and
development coordinator for the purpose of budgeting;
(7) Assist  the   sanggurriang  panlalawigan  in  reviewing  the   approved
budgets of component cities and municipalities; and
(8)  Coordinate  with  the  planning  and  development  coordinator  in  the
formulation of the provincial development plan.
(C) Exercise   such   other   powers   and   perfomi   such   other   duties   and
functions as may be prescribed by law or ordinance.
(D) The  appropriations  for personal  services  of the budget officer  shall  be
provided for in full in the annual budget of the provincial government.
Section 30. The Provincial planning and Development Coordinator -
(A) No  person  shall  be  appointed  planning  and  development  coordinator
unless he is a citizen of the Philippines,  a resident of the province,  of
good moral character,  a holder of a college degree preferably in urban
planning, development studies, economics, public administration, or any
related course from a recognized college or university, and a first grade
civil service eligible or its equivalent.   He must have acquired experience
in the development planning or any related field for at least five (5) years.
The  appointment  of a planning  and  development  coordinator  shall  be
mandatory to the provincial government.
(a) The  planning  and  development  coordinator  shall  take  charge  of  the
planning and development office, and shall:
(1) Formulate    integrated,    economic,    social,    physical,    and    other
development   plans   and   policies   for   consideration   of  the   local
government development council;
(2) Conduct   continuing   studies,   researches,   and   training   programs
necessary to evolve plans and programs for implementation;
(3) Integrate  and coordinate  all  sectoral plans  and  studies undertaken
by the different functional groups and agencies;
(4) Monitor    and    evaluate    the    implementation    of    the    different
development  programs,  projects  and  activities  in  the  province  in
accordance with the approved development plan;
(5) Prepare   comprehensive   plans   and   other   development   planning
documents   for   the   consideration   of  the   provincial   development
council;
31


(6) Analyze  the  income  and  expenditure  patterns,  and  formulate  and
recommend fiscal plans and policies for consideration of the finance
committee of the province;
(7) Promote  people  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  perfomi  such  other  functions  and
duties as may be prescribed by law or ordinance.
Section 31. The Fhovincial Engineer -
(A) No  person  shall  be  appointed  as  provincial  engineer  unless  he  is  a
citizen  of  the  Philippines,  a  resident  of  the  province,  of  good  moral
character,   and  a  licensed  civil  engineer.     He  must  have  acquired
experience in the practice of his profession for at least five (5) years.
The appointment of the Phovincial Enedneer shall be mandatory.
(8) The provincial engineer shall take charge of the engineering office,  and
shall:
( 1)  Initiate,  review, and recolnmend changes in policies and objectives,
plans,   and   programs,   techniques,   procedures,   and  practice   in
infrastructure  development  and  public  works  in  general  of  the
province;
(2) Advise  the  governor  on  infrastructure,  public  works,  and  other
engineering matters;
(3) Administer,  coordinate,   supervise,  and  control  the  construction,
maintenance, improvement, and repair of roads, bridges, and other
engineering and pubHc works projects of the province;
(4)  Provide engineering services to the province, including investigation
and  survey,  engineering  designs,  feasibility  studies,  and  project
management; and
(5)  Exercise   technical   supervision   over   all   engineering   offices   of
component cities and municipalities.
(C) Exercise such other powers and perfoml such other functions as may be
prescribed by law or ordinance.
32


Section 32. Provincial Health Officer -
(A) No person shall be appointed health officer unless he is a citizen of the
Philippines, of good moral character and a licensed medical practitioner.
He must have acquired experience in the practice of his profession for at
least five (5) years.
The appointment of a provincial health officer shall be mandatory.
(8) The  provincial  health  officer  shall  take  charge  of the  ofrice  on  health
services, and shall:
(1)  Supervise the personnel and staff of said office,  formulate program
implementation   guidelines   and   rules   and   regulations   for   the
operation of the said office for the approval of the governor, in order
to    assist    him    in    the    efficient,     effective,     and    economical
implementation   of  health   services   program   geared   towards   the
implementation of health related projects and activities;
(2)  Formulate   measures   for   the   consideration   of  the   sangguniang
panlalawigan  and  provide  technical  assistance  and  support  to  the
governor  in  carrying  out  activities  to  ensure  the  delivery  of basic
services and provision of adequate facilities relative to health services
provided for under Section 17 of the Icocal Government Code of 1991;
(3) Develop  plan  and  strategies  and,  upon  approval  thereof  by  the
governor, implement the same particularly those that have to do with
health  programs  and  projects  that  the  governor  is  empowered  to
implement and which the sanggunian is empowered to provide under
the Local Government Code of 1991;
(4) In addition to the foregoing duties and functions,  the health officer
shall:
(a)  Formulate and implement policies, plans, programs, and projects
to promote the health of the people of the province;
(b) Advise the governor and the sanggunian on matters pertaining to
health;
(c)  Execute and enforce all laws, ordinances and regulations relating
to public health;
(d) Recolnmend  to  the  sanggunian,  through  the  provincial  health
board, the passage of such ordinances as he may deem necessary
for the preservation of public health;
(e)  Recommend  the  prosecution  of  any  violation  of  sanitary  laws,
ordinances, and regulations;
33


(fl  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.
(g)  Conduct    health    information    campaigri    and    render    health
intelligence service;
(h) Coordinate     with     other     government     agencies     and     non-
governmental   organizations   involved   in   the   promotion   and
delivery of health services; and
(i)   Exercise  general  supervision  over  health  offices  of  component
cities and municipalities.
(5) Be  in  the  frontline  of  the  delivery  of health  services,  particularly
during and in the aftermath of man-made and natural disasters and
calamities.
(C) Exercise such other powers and perform such other functions as may be
prescribed by law or ordinance.
Section 33. The Provincial Civil Registrar -
(A) No person shall be appointed civil registrar unless he is a citizen of the
Philippines, of good moral character, a resident of the province, a holder
of a college  degree from  a recognized  college  or uriversity,  and  a first
grade  civil  service  eligible  or  its  equivalent.    He  must  have  acquired
experience in civil registry work for at least five (5) years.
The appointment of a provincial civil registrar shall be mandatory.
(8) The civil registrar shall be responsible for the civil registration program
in the province, pursuant to the Civil Registry Law, the Civil Code, and
other  pertinent  laws,  and  rules  and  regulations  issued  to  implement
them.
The civil registrar shall take charge of the office of the civil registry, and
shall:
(1) Develop  plans  and  strategies  and  upon  approval  by  the  governor,
implement the same, particularly those that have to do with the civil
registry programs and projects that the governor and the sanggunian
is empowered to provide under the Local Government Code of 1991;
(2)  In addition to the foregoing functions, the Civil Registrar shall:
(a)  Accept all registrable documents and judicial decrees affecting the
civil status of persons;
34


(b) File, keep, and preserve in a secure place the books required by
law;
(c)  Transcribe  and  enter  immediately  upon  receipt  all  registrable
documents  and judicial  decrees  affecting the  civil  status  of the
persons in the appropriate civil rectstry books;
(d) Transmit  to  the  Office  of the  Civil  Registrar-General,  within  the
prescribed   period,   duplicate   copies   of  registered   documents
required by law;
(e)  Issue certified transcripts or copies of any certificate or registered
documents upon payment of the prescribed fees to the treasurer;
(I)   Receive applications for the issuance  of a marriage license  and,
after    determining    that    the    requirements    and    supporting
certificates and publication thereof for the prescribed period have
been  complied  with  issue  the  license  upon   payment   of  the
authorized fee to the treasurer; and
(g)  Coordinate   with   the   National   Statistics   Office   in   conducting
educational  campaigris  for  vital  registration  and  assist  in  the
preparation of demographic and other statistics for the province.
(C) Exercise  such  other  powers  and  perfomi  such  other  functions  and
duties as may be prescribed by law or ordinance.
Section 34. The Hovincial Administrator -
(A) No person shall be appointed administrator unless he is a citizen of the
Philippines, a resident of the province, of god moral character, a holder
of a college degree preferably in public administration, law or any related
course  from  a recogrlized  college  or  university,  and  a  first  grade  civil
service eligible or its equivalent.   He must have acquired experience in
management and administration work for at least frve (5) years.
The temi of the administrator is coterminous with that of his appointing
authority.
The appointment of an administrator shall be mandatory.
(a) The  administrator  shall take charge of the office of the administrator,
and shall:
(1) Develop  plans  and  strategies  and,  upon  approval  thereof  by  the
governor,  inplement the same, particularly those which have to do
with  the  management  and  administration-related  programs   and
projects which the governor is empowered to implement and which
35


the   sanggunian   is   empowered   to   provide   for   under   the   Icocal
Government Code of 1991.
(2) In addition to the foregoing duties and functions,  the administrator
shall:
(a)  Assist  in  the  coordination  of the  work  of all  the  officials  of the
province,  under  the  supervision,  direction,  and  control  of  the
governor,  and  for  this  purpose,  he  may  convene  the  chiefs  of
offices and other officials or the province;
(b) Establish   and  maintain   a  sound  personnel  program  for  the
province designed to promote career development and uphold the
merit principle in the province; and
(c)  Conduct a continuing organizational development of the province
with the end in view of instituting effective administrative reforms.
(3) Be in the frontline of the delivery of administrative support services,
particularly  those  related  to  those  situations  during  and  in  the
aftermath of man-made and natural disasters and calamities; and
(4) Recommend to the sanggunian and advise the governor on all other
matters  relative   to  the  management   and   administration   of  the
province.
(C) Exercise   such   other   powers   and   perform   such   other   duties   and
functions as may be prescribed by the law or ordinance.
Section 35. The novincial Legal Olricer -
(A) No person  shall be appointed legal officer unless he is a citizen of the
Philippines,  a resident of the province,  of good moral character  and  a
member of the Philippine Bar.  He must have practiced his profession for
at least five (5) years.
The term of the legal office shall be coterminous of that of his appointing
authority.
The appointment of a legal officer shall be mandatory.
(a) The legal officer, the chief legal counsel of the province, shall take care 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 governor in carrying out
the delivery of the basic services and services of adequate facilities as
provided for under Section 17 of the Icocal Government Code of 1991;
(2) Develop  plans  and  strategies  and,  upon  approval  thereof  by  the
governor,  implement the  same,  particularly those which have to  do
36


with  programs  and  projects  related  to  legal  services  which  the
governor is  empowered to implement and which the  sanggunian is
empowered to provide for under I,ocal Government Code of 1991 ;
(3) In  addition  to  the  foregoing  duties  and  functions,  the  legal  officer
shall:
(a)  Represent the province in all civil actions and special proceedings
wherein the province or any official thereof, in his official capacity
is   a   party:   Provided,   that,   actions   or   proceedings   where   a
component city or municipality is a party adverse to the provincial
government  or  to  another  component  city  or  municipality,   a
special  legal  officer  may  be  employed  to  represent  the  adverse
party;
(b) When   required   by   the   governor   or   the   sanggunian,   draft
ordinances,   contracts,   bonds,   leases,   or   other   instruments,
involving any interest of the province;  and provide comments and
recommendations on any instruments already drawn;
(c)  Render  his  opinion  in  writing  on  any  question  of  law  when
requested to do by the governor or the sanggunian;
(d)  Investigate  or  cause  to  be  investigated  any  provincial  officer  or
employee  for  administrative  nedect or niisconduct in  office  and
recommend  appropriate  action  to  the  governor  or  sangguniang
panlalawigan;
(e)  Investigate   or   cause   to   be   investigated   any  person,   firm   or
corporation   holding   any   franchise   or   exercising   any   public
privilege for failure to comply with any term  or condition in the
grant of such franchise or privilege and recommend appropriate
action to the governor or the sanggunian;
(I)  When   directed   by  the   governor   or   sanggunian,   initiate   and
prosecute, in the interest of the province, any civil action on any
bond,  lease,   or  other  contract  upon  any  breach  or  violation
thereof; and
(g)  Review and submit recommendation on ordinances approved and
executive orders issued by component municipalities.
(4) Recommend measures to the sangguniang panlalawigan and advise
the governor on all other matters related to the upholding of the rule
of law; and
37


(5) Be in the front line of protecting human richts and prosecuting any
violations thereof, particularly those which occur during and in the
aftermath of man-made or natural disasters and calamities.
(C) Exercise   such   other   powers   and   perforln   such   other   duties   and
functions as may be prescribed by law or ordinance.
Section 36. The Provincial Agriculturist -
(A) No person shall be appointed agriculturist unless he is a citizen of the
Philippines, a resident of the province, of good moral character, a holder
of a college degree in agriculture or any related course from a recognized
college   or  university,   and   a  first  grade   civil   service   eligible   or  its
equivalent.   He must have acquired experience in a related field for at
least five (5) years.
The appointment of a provincial agriculturist shall be mandatory.
(8) The 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 governor in carrying out said
measures  and  to  ensure  delivery  of basic  services  as  provided  for
under Section 17 of the Icocal Government Code of 1991;
(2)  Develop  plans  and  strategies  and,  upon  approval  thereof  by
governor,  implement the same, particularly those which have to
with   agricultural  programs  and  projects  which  the  governor
empowered to implement and which the sanggunian is empowered
provide under the Local Government Code of 1991 ;
to
(3) In  addition  to  the  foregoing  duties  and  functions,  the  agriculturist
shall:
(a)  Ensure that maximum assistance and access to resources in the
production, processing, and marketing of agricultural and aqua-
cultural and marine products are extended to farmers, fishermen
and local entrepreneurs;
(b) Conduct  or  cause  to  be  conducted  located-specific  agricultural
researches   and   assist   in   Inaking   available   the   appropriate
technology arising out of and disseminating information on basic
research on crops,  prevention and control of plant diseases  and
pests,   and   other   agricultural   matters   which   will   maximize
productivity;
(c)  Assist the governor in the establishment and extension services of
demonstration farms or aqua-culture and marine products;
38


(d) Enforce    rules    and    regulations    relating    agriculture     and
aquaculture; and
(e)  Coordinate   with    government    agencies    and   non-government
organizations   that   promote   agricultural   productivity   through
appropriate technology compatible with environmental integrity.
(4) Be  in  the  frontline  in  the  delivery  of  basic  agricultural  services,
particularly those needed for survival of the inhabitants during and
in the aftermath of man-made and natural disasters and calamities;
and
(5) Recommend  to  the   sanggunian   and   advise  the   governor  on   all
matters related to agriculture and aquaculture that will improve the
livelihood and living conditions of the inhabitants.
(C) Exercise such other powers and perform such other functions as may be
prescribed by law or any ordinance.
Section 37. The Provincial Social Welfare and Development Officer -
(A) No  person  shall  be  appointed  social  welfare  and  development  officer
unless he is a citizen of the Philippines,  a resident of the province,  of
good moral character, a holder of a college degree in agriculture or any
related course from a recognized college or university, and a first grade
civil service elistble or its equivalent.  He must have acquired in a related
field for at least five (5) years.
The  appointment  of  a  provincial  social  development  officer  shall  be
mandatory.
(8) The 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  governor  in  carrying  out
measures  to  ensure  the  delivery of basic  services  and  provision  of
adequate facilities relative to social welfare and development services
as provided under Section 17 of the I,ocal Government Code of 1991 ;
(2) Develop  plans  and  strategies  and,  upon  approval  thereof  by  t
governor,  implement the  same particularly those  which  have  to
with  social  welfare  programs  and  projects  which  the  governor
empowered to implement and which the sanggurrian is empowered to
provide under the I,ocal Government Code of 1991;
(3) In addition to the foregoing duties, the provincial social welfare and
development officer shall:
39


(a)  Identify the basic needs of the needy, the disadvantaged and the
impoverished  and  develop  and implement  appropriate  measures
to alleviate their problems and inprove their living conditions;
(b) Provide  relief and  appropriate  crisis  intervention  for  victims  of
abuse and exploitation and recommend appropriate measures to
deter further abuse and exploitation;
(c)  Assist the governor in inplementing the barangay level program
for the total development and protection of children up to six (6)
years of age;
(d) Facilitate   the   implementation   of   welfare   programs   for   the
disabled,   the   elderly,   and   victims   of   drug   addiction,   the
rehabilitation of prisoners and parolees, the prevention of juvenile
delinquency,  and  such other activities which would eliminate or
minimize the ill effects of poverty;
(e)  Initiate and support welfare programs that will enhance the role of
the youth in nation building; and
(fl   Coordinate   with   government   agencies   and   non-governmental
organizations  that  have  for  their  purpose  the  promotion  and
protection  of all  the  needy,  disadvantaged,  underprivileged  and
impoverished  groups  or individuals,  particularly those  identified
to be vulnerable and high-risk to exploitation, abuse and neglect;
(4) Be in the frontline of service delivery, particularly those that have to
do with immediate relief during and assistance in the aftermath of
man-made and natural disasters and calamities; and
(5) Recommend  to  the   sanggunian  and  advise  the  governor  on  all
matters related to social welfare and development service which will
improve the livelihood and living conditions of the inhabitants.
(C) Exercise  such  other  powers  and  perfomi  such  other  functions  and
duties as may be prescribed by law or ordinance.
Section 38. The Hovincial Environinent and Natural Resources OIIicer -
(A) No   person   shall  be   appointed   provincial   environment   and  natural
resources ofricer unless he is a citizen of the Philippines,  a resident of
the   province,   of  good  moral   character,   a  holder   of  college   degree
preferably in  environment,  forestry,  agriculture,  or  any related  course
from  a recognized  college  or  university,  and  a first  grade  civil  service
eligible   or   its   equivalent.      He   must   have   acquired   experience   in
environment     and     natural     resources     management,     protection,
conservation and utilization for at least five (5) years.
40


The  appointment  of  a  provincial  environment  and  natural  resources
officer shall be mandatory.
(8) The  provincial  environment  and  natural  resources  officer  shall  take
charge of the office of the environment and natural resources, and shall:
(1) Formulate  measures  for  the  consideration  of the  sanggurrian  and
provide technical assistance and support to the governor in carrying
out measures to ensure the delivery of basic services and provision of
adequate  facilities  relative  to  environment  and  natural  resources
services  as provided for under  Section  17  of the  I+ocal  Government
Code of 1991;
(2)  Develop  plans  and  strategies  and,  upon  approval  thereof  by  the
governor,  implement  the  same,  particularly  those  that  have  to  do
with  environment  and  natural  resources  programs  and  projects
which  the  governor  is  empowered  to  implement  and  which  the
sanggunian  is  empowered  to  provide  under  the  Local  Government
Code of 1991;
(3) In  addition  to  the  foregoing duties  and functions,  the  enviroriment
and natural resources officer shall:
(a)  Ensure the maximum assistance and access to resources in the
production,  processing and marketing of agricultural and  aqua-
cultural and marine products are extended to farmers, fishermen
and entrepreneurs ;
(b)  Establish,   maintain,   protect  and  preserve  communal  forests,
watersheds,    tree   parks,   mangroves,    greenbelts,    commercial
forests, and other similar forest projects like industrial tree farms
and agro-forestry proj ects;
(c)  FTovide  extension  services  to  beneficiaries  of forest  development
proj ects and technical, financial and infrastmctural assistance;
(d) Manage  and  maintain  seed  banks  and  produce  seedlings  for
forests and tree parks;
(e)  Provide  extension  services  to  beneficiaries  of forest  development
projects   and   render   assistance   for   natural   resources-related
conservation  and  utilization  activities  consistent  with  ecological
balance;
(I)   Promote small-scale mining and utilization of mineral resources,
partioularly mining gold; and
41


(g)  Coordinate   with   government   agencies   and   non-governmental
organization in  the implementation  of measures to prevent and
control land,  air,  and water pollution with the assistance of the
Department of Environment and Natural Resources.
(4) Be  in  the  frontline  of  the  delivery  of  basic  services  concerning
environment and natural resources, particularly in the renewal and
rehabilitation  of the  environment  during  and  in  the  afterlnath  of
man-made and natural disaster and calamities; and
(5) Recommend  to  the  sanggunian  and  advise  the   governor  on   all
matters related to the protection, conservation, maximum utilization,
application  of appropriate  technology,  and  other matters  related  to
environment and natural resources.
(C) Exercise  such  other  powers  and  perform  such  other  functions  and
duties as may be prescribed by law or ordinance.
Section 39. The Provincial Veterinarian -
(A) No  person  shall  be  appointed  provincial  veterinarian  unless  he  is  a
citizen  of  the  Philippines,  a  resident  of  the  province,  of  good  moral
character, a licensed doctor or veterinary medicine, and a first grade civil
service eligible or its equivalent.   He must have practiced his profession
for at least five (5) years.
The appointment of a provincial veterinarian shall be mandatory.
(B) The   provincial  veterinarian   shall   take   charge   of  the   office   of  the
veterinary services, and shall:
(1) Formulate  measures  for  the  consideration  of the  sanggunian  and
provide technical assistance and support to the governor in carrying
out measures to ensure the delivery of basic services and provision of
adequate facilities pursuant to  Section  17  of the liocal Government
Code of 1991 ;
(2) Develop  plans  and  stratestes  and,  upon  approval  thereof  by  the
governor,  implement  the  same,  particularly those  that  have  to  do
with veterinary-related activities which the governor is empowered to
implement and which the sanggunian is empowered to provide under
the I,ocal Government Code of 1991;
(3) In  addition  to  the  foregoing  duties  and  functions,  the  provincial
veterinarian shall:
(a) Advise the governor on all matters pertaining to the slaughter of
animals  for  human  consumption  and  regulation  of  slaughter
houses;
42


(b) Regulate the keeping of domestic animals;
(c)  Regulate and inspect poultry, milk, and dairy products for public
consumption;
(d)  Enforce all laws and regulations for the prevention  of cruelty to
animals; and
(e)  Take  the  necessary  measures  to  eradicate,  prevent,  or  cure  all
forms of animal diseases.
(4) Be  in  the  frontline  of veterinary-related  activities,  such  as  in  the
outbreak  of  highly  contagious  and  deadly  diseases  and  in  the
situations resulting in the depletion of animals for work and human
consumption, particularly those arising from and in the aftermath of
man-made and natural disasters and calamities; and
(5) Recommend  to  the   sanggunian  and   advise  the  governor  on   all
matters related to veterinary services that will increase the number
and  improve  the  quality  of livestock,  poultry,  and  other  domestic
animals used for work or human consumption.
Section 40. The Provincial General Services Officer -
(A) No person shall be appointed general services officer unless he is a
citizen  of the Philippines,  a resident of the province,  of good moral
character,    a    holder    of    college    degree    preferably    in    public
administration, business administration, management, or any related
course from a recognized college or university, and a first grade civil
service eligible or its equivalent.   He must have acquired experience
in general services, including management of supply, property,  solid
waste disposal, and general sanitation for at least five (5) years.
The  appointment  of  a  provincial  general  services  officer  shall  be
mandatory.
(8) 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  governor  in
carrying out measures to ensure the delivery of basic services and
provision of adequate fachities pursuant to Section 17 of the I,ocal
Government Code of 1991, and those that require general services
expertise and technical support services;
(2) Develop  plan  and  strategies  and,  upon  approval  thereof by  the
governor, implement the same, particularly those that have to do
with general services supportive to the welfare of the inhabitants
which  the  governor  is  empowered  to  implement  and  which  the
43


sanggunian is empowered to provide under the Ilocal Government
Code of 1991 ;
(3) In  addition  to  the  foregoing  duties  and  functions,  the  general
services officer shall:
(a) Take custody of and be accountable for all properties, real and
personal,   owned  by  the  provincial  government  and  those
granted to him in the form of donation, reparation, assistance
and counterpart of joint projects;
(b) With  the  approval  of the  governor,  assign  building  or  land
space to provincial officials or other public officials, who by law
are entitled to such space;
(c)  Recommend to the  governor reasonable rental rates for local
government properties whether real or personal which will be
leased    to    public    of   private    entities    by   the    provincial
government;
(d) Recommend  to  the  governor  the  reasonable  rental  rate  of
private properties that may be leased for the official use of the
provincial government;
(e)  Maintain  and  supervise janitorial,  security,  landscaping,  and
other related services in all local government public buildings
and  other  real  property,  whether  owned  or  leased  by  the
provincial government;
(I)   Collate    and    disseminate    information    regarding    prices,
shipping,   and   other   costs   of   supplies   and   other   items
commonly used by the provincial government;
(g)  Perfomi  archival  and  record  management  with  respect  to
records of offices and departments of the province; and
(h) Perform all other functions pertaining to supply and property
management heretofore  performed  by the  local  govemment's
treasurer    and    enforces    policies    on    records    creation,
maintenance, and disposal.
(4) Be in the frontline of general services-related activities,  such  as
the  possible  or  ininiinent  destruction  or  damage  to  records,
supplies, properties, and structure and the orderly and sanitary
clearing up of waste materials or debris particularly those arising
from and in the aftermath of man-made and natural disasters and
calamities; and
44


(5) Recommend  to  the  sanggunian  and  advise  the  governor  on  all
matters related to general services.
(C) Exercise  such  other powers  and perform  such  other functions  and
duties 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 is
a  citizen  of the  Philippines,  a resident  of the  province,  of good  moral
character,    a    holder    of    college    degree    preferably    in    business
administration  course  with  special  training  on  cooperatives  or  any
related course from a recognized college or university, and a first grade
civil  service  eligibility  or  its  equivalent.    He  must  have  experience  in
cooperatives organization and management for at least five (5) years.
The appointment of a provincial cooperatives officer shall be mandatory.
(B)The   cooperatives   officer   shall   take   charge   of   the   office   for   the
development of cooperatives, and shall:
(1) Formulate  measures  for  the  consideration  of the  sanggunian  and
provide technical assistance and support to the governor in carrying
out measures to ensure the delivery of basic services and provision of
adequate facilities through the  development of cooperatives,  and in
providing access to such services and facilities;
(2) Develop  plans  and  strategies  and,  upon  approval  thereof  by  the
governor,  implement  the  same,  particularly  those  that  have  to  do
with integration of cooperatives principles and methods in program
where  the  governor  is  empowered  to  implement  and  which  the
sanggunian  is  empowered  to  provide  under  the  I,ocal  Government
Code of 1991;
(3) In  addition  to  the foregoing duties  and  functions,  the  cooperatives
officer shall:
(a)  Assist in the organization of cooperatives;
(b) Provide   technical   and   other   fomi   of  assistance   to   existing
cooperatives to enhance their viability as an economic enterprise
and social organization; and
(c)  Assist   cooperatives   in   establishing  linkages   with   government
agencies   and   non-governmental   organization   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  those  arising  from
45


and  in  the  aftermath  of  man-made  and  natural  disasters  and
calamities,  to  aid  in  their  survival  and,  if necessary,  subsequent
rehabilitation; and
(5) Recommend  to  the   sanggunian  and   advise  the   governor  on   all
matters     relative    to     cooperatives     development     and    viability
enhancement which will improve the livelihood and quality of life of
the inhabitants.
(C) Exercise  such  other  powers  and  perfomi  such  other  functions  and
duties as may be prescribed by law or ordinance.
Section 42. The Fhovincial Architect -
(A) No  person  shall  be  appointed  architect  unless  he  is  a  citizen  of the
Philippines,  a resident of the province,  of good moral character,  and a
duly licensed  architect.    He must have  practiced  his  profession  for  at
least five (5) years.
The appointment of a provincial architect shall be mandatory.
(8) The provincial architect shall take charge of the office on architectural
planning and design, and shall:
(1) Formulate  measures  for  the  consideration  of the  sanggunian  and
provide technical assistance and support to the governor in carrying
out measures to ensure the delivery of basic services and provision of
adequate  facilities  relative  to  architecture  planning  and  design  as
provide for under the Icocal Government Code of 1991 ;
(2) Develop  plans  and  strategies  and,  upon  approval  thereof  by  the
governor,  implement  the  same,  particularly  those  that  have  to  do
with architectural planning and desig|i programs and projects which
the governor is empowered to implement and which the sanggunian
is empowered to provide under the Ilocal Government Code of 1991 ;
(3) In  addition  to  the  foregoing  duties  and  functions,  the  provincial
architect shall:
(a)  Prepare and recommend for consideration to the sanggunian the
architectural  plan  and  desigri  for  the  province  or  part  thereof,
including   the   renewal   of   slums   and   blighted   areas,   land
reclalnation  activities,   the   greening  of  land,   and  appropriate
planning of marine and foreshore areas;
(b) Review and recommend for appropriate action of the sanggunian
and the governor, the architectural design and plan submitted by
governmental    or    non-governmental    entities    or    individuals,
particularly   those   for   the   undeveloped;   underdeveloped   and
poorly-designed areas; and
46


(c)  Coordinate   with   government   agencies   and   non-governmental
entities   and   individuals   involved   in   the   aesthetics   and   the
maximum utilization of the land and water within the jurisdiction
of  the  province,   compatible  with  environmental  integrity  and
ecological balance.
(4)  Be   in   the   frontline   of  the   delivery   of  basic   services   involving
architectural  planning and  desigri particularly those related  to  the
redesigning  of  spatial  distribution  of  basic  facilities  and  physical
structures  during and  those  arising from  and  in  the  aftermath  of
man-made and natural disasters and calamities; and
(5) Recommend  to  the   sanggunian  and  advise  the  governor  on  all
matters related to the architectural planning and design as it relates
to the total socio-economic development of the province.
(C) Exercise  such  other  powers  and  perfomi  such  other  functions  and
duties as may be prescribed by law or ordinance.
Section 43. The Fhovincial Population Office -
(A) No person shall be appointed provincial population officer unless he is a
citizen  of  the  Philippines,  a  resident  of  the  province,  of  good  moral
character,    a    holder    of    college    degree    preferably    in    business
administration  course  with  special  training  on  cooperatives  or  any
related course from a recognized college or university, and a first grade
civil  service eligible or its equivalent.   He must have experience in the
implementation of programs on population  development or responsible
parenthood for at least five (5) years.
The appointment of a provincial population officer shall be optional.
(B) The  population  officer  shall  take  charge  of  the  office  on  population
development, and shall:
( 1) Formulate measures for the consideration of the sanggunian and provide
technical  assistance  and   support  to  the  governor  in  carrying  out
measures  to  ensure  the  delivery  of  basic  services  and  provision  of
adequate   facilities   relative   to   the   integration   of   the   population
development  principles  and  in  providing  access  to  said  services  and
facilities;
(2) Develop   plans   and   strategies   and,   upon   approval   thereof  by   the
governor, implement the same, particularly those which have to do with
the  integration  of population  development  principles  and  methods  in
programs and projects which the governor is empowered to implement
and  which  the  sangguhian  is  empowered  to  provide  under  the  Local
Government Code of 1991 ;
47


(3) In addition to the foregoing duties and functions, the population officer
sham:
(a) Assist  the  governor  in  the  implementation  of  the   constitutional
provisions relative to population development and the promotion  of
responsible parenthood ;
(b) Establish   and   maintain   an   updated   data   bank   for   program
operations,  development  planning  and  an  educational  program  to
ensure the people's participation in and understanding of population
development; and
(c)  Implement appropriate training programs responsive to the cultural
heritage of the inhabitants.
(C) Exercise   such   other   powers   and   perform   such   other   duties   and
functions as may be prescribed by law or ordinance.
Section 44. The FTovincial Information Officer -
(A) No person shall be appointed provincial information officer unless he is a
citizen  of  the  Philippines,  a  resident  of the  province,  of  good  moral
character,  a  holder  of  college  degree  preferably  in  joumaJism,  mass
communications,  or  any  related  course  from  a  recognized  college  or
university,  and  a first grade civil  service eligible or its equivalent.    He
must  have  experience  in  whting  articles  and  research  papers,  or  in
whting for print, television, or broadcast media for at least five (5) years.
The appointment of a provincial information officer shall be optional.
(B)The   information   officer   shall   take   charge   of  the   office   on   public
information, and shall:
(1) Formulate  measures  for  the  consideration  of the  sanggunian  and
provide technical assistance and support to the governor in providing
the information and research data required for the delivery of basic
services  and  provision  of  adequate  facilities   so  that  the  public
becomes aware of said service and may fully avail of the same;
(2) Develop  plans  and  strategies  and,  upon  approval  thereof  by  the
governor,  implement the  same,  particularly those which have to  do
with public information and research data to support programs and
projects which the governor is empowered to implement and which
the sanggunian is empowered to provide under the Ijocal Government
Code of 1991;
(3) In  addition  to  the  foregoing  duties  and  functions,  the  information
officer shall:
48


(a)  Provide   relevant,   adequate,   and   timely   information   to   the
provincial government and its residents;
(b)  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;
(c)  Assist  the   governor  in   the   establishment,   maintenance,   and
promotions of local area tourism programs and projects; and
(d) F\irnish  information  and  data  on  the  province  to  government
agencies  or offices as may be required by law or ordinance  and
non-governmental  organization  to  be furnished  to  said  agencies
and organizations.
(4) Be  in  the  frontline  in  providing  information  during  and  in  the
aftermath  of man-made and natural disasters and calamities,  with
special attention to the victims thereof, to help minimize injuries and
casualties  during  and  after  emergency,  and  accelerate  relief  and
rehabilitation; and
(5) Recommend to the sanggunian and advise the governor on all other
matters relative to public information and research data as it relates
to total socio-economic development of the province.
(C) Exercise   such   other   powers   and   perfomi   such   other   duties   and
functions as may be prescribed by law or ordinance.
ARTICLE VIII
THE PROVINCIAL FIRE STATION, THE PROVINCIAL .AIL,
THE PROVINCIAL SCHOOL DIVISION AND THE
PROVINCIAL PROSECUTION SERVICE
Section 45. The Fhovincial Fire Station Service -
(A) There shall be established in the province at least five  (5)  fire stations
with  adequate  personnel,  firefi8hting  facilities,  and  equipment,  by  the
Department of the Interior and Local Government (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.
(a) The  provincial  fire  station  service  shall be  headed  by a provincial  fire
marshall  whose  qualifications  shall  be  as  those  provided  for  under
Republic  Act  No.  6975,  otherwise  known  as  the  Philippine  National
Police Law.
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(C) The provincial fire  stations  shall be responsible for the protection  and
various  emergency  services  such  as rescue and evacuation  or 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 46. The Provincial Jail Service -
(A) There shall be established and maintained in the province, within two (2)
months  from  the  commencement  of  the  corporate  existence  of  the
province,   by   the   Department   of  Interior   and   Icocal   Government   a
secured,  clean,  adequately  equipped,  and  sanitary jail  facility  for  the
custody  and  safekeeping  or  prisoners,  any  fugitive  from  justice,  or
person  detained  awaiting investigation  or  trial  and/or  transfer  to  the
national penitentiary, and or violent mentally in 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.
(8) The  provincial jail  service  shall  be  headed by  a provincial jail warden
who   must   be   a   graduate   of  four   (4)   year   course   in   psychology,
psychiatry,  sociology,  nursing,  social  work,  or  criminology  who  shall
assist  in  the  immediate  rehabilitation  of  individuals  or  detention  of
prisoners.   Great care must be exercised so that human rights of these
prisoners are respected and protected,  and their spiritual and physical
well-being is properly and promptly attended to.
Section 47. The Hovincial School Division -
(A) The  Department  of Education  shall,  within  two  (2)  months  from  the
commencement of the corporate existence of the province herein created,
establish and maintain a separate school division in the province whose
jurisdiction  shall  cove  the  murricipalities  under  the  lone  legislative
district of the province.
(B)The    provincial    school    division    shall    be    headed    by    a    division
superintendent who must possess the necessary qualification required
by the Department of Education.
Section 48. The FTovincial Hosecution Service -
(A) There  shall  be  established  and  maintain  a prosecution  service  by the
Department of Justice, within two (2) months from the commencement
of the corporate existence of the province herein created, which shall be
headed  by  a  provincial  prosecutor  and   such  number  of  assistant
prosecutors as may be necessary, who shall be organizationally part of
the Department of Justice, and under the supervision of the Secretary of
the   Department   of  Justice,   and   whose   qualifications,   manner   of
appointment,  rank,  salary,  and benefits  shall be governed by existing
laws covering prosecutors in the Department of Justice.
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(8) The provincial prosecutor shall handle the criminal prosecution in the
municipal trial courts for criminal cases originating in the territory of the
province, and shall render to and for the province such other services as
are required by law or regulation of the Department of Justice.
ARTICLE IX
TRANSITORY AND FINAL PROVISIONS
Section  49.  Plebiscite  -  The  Province  of  Zamboanga  Occidental  shall  be
created,  as provided for in this Act, upon approval by a majority of the votes
cast by the voters of the affected areas in the plebiscite to be conducted and
supervised by the Commission on Election within sixty (60) days from the date
of effectivity of this Act.
The amount necessary for the conduct of the plebiscite shall be borne by the
COMELEC.
Section  50.  Commencement  of  Corporate  Ehistence  -  The  Province  of
Zamboanga  Occidental   shall  commence  its  corporate  existence  upon  the
election  and  qualification  of the  governor,  vice-governor,  and majority  of the
members of the sangguniang panlalawigan.
Section 51. Officials of the frovince of Zamboanga Occidental-The first set
of elective officials of the Irovince of Zamboanga Occidental shall be elected in
the next national and local elections following the effectivity of this Charter.
All  elective  and  non-elective  provincial  and  local  government  officials  and
employees  of the present fTovince of Zamboanga del  Norte  shall  continue  to
serve their temi of office, perfomi their duties and functions in the province,
until  the  commencement  of the  corporate  existence  of the  new province,  as
provided for in the immediately preceding section of this Act.
Section  52.  Organization  of the  Hovincial  Government  -  AIL  provincial
appointive  positions  in  the  Province  of Zamboanga  Occidental  shall  be  filled
within  sixty  (60)  days  upon  commencement  of its  corporate  existence.  This
shall be done without prejudice to the officials and employees of the present
Province  of Zamboanga del Norte,  who may wish to  serve in the  FTovince  of
Zamboanga Occidental.
Section 53. Suspension of Increase in Rates of local Taxes - No increase in
the rates of local taxes shall be imposed by the province within the period of
five (5) years from its acquisition of corporate existence.   Notwithstanding any
existing law or ordinance to the contrary, real property tax in the locality may
be increased within five (5) years upon its creation into a new province.
Section 54.  Present Hovincial Hoperties - Upon the effectivity of this Act,
ownership   of   real   properties   and   infrastructure   projects   of   each   local
government  units  situated  in  the  present  Province  of Zamboanga  del  Norte,
shall belong to the province where it is situated.
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Section 55. Appncability of haws -The provisions of Republic Act No.  7160
otherwise known as the I,ocal Government Code of 1991, and other laws as are
applicable to provinces shall govern the herein created province insofar as they
are not inconsistent with the provisions of this Act.
Section  56.  Separability  -  If  any  part  of  this  Act  is  declared  invalid  or
unconstitutional,  the other parts or provisions hereof shall remain valid and
effective.
Section  57.  Effectivity  -This  Act  shall  take  effect  fifteen  (15)  days  upon
publication  in  at  least  two  (2)  newspapers  of general  circulation  and  local
circulation.
Approved,
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