Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 8624

Introduced by: REP. EDGAR MARY S. SARMIENTO

EXPLANATORY NOTE

This bill seeks to create a new province to be named Northwestern Samar out of the
Province of Samar.

The whole Samar Island used to comprise the Province of Samar. On June 19, 1965,
upon the approval of Republic Act No. 4221, the island was divided into three provinces:
Northern Samar, with Catarman as capital; Eastern Samar, with Borongan as capital; and
Western Samar, officially known as Province of Samar, with Catbalogan as capital

The Province of Samar is located in the Eastern Visayas region. It covers the western
portion of Samar Island as well as several islands located to the west of the mainland. It is
divided into two legislative districts. The First District is composed of Calbayog City and
nine municipalities while the Second District is composed of Catbalogan City and fifteen
municipalities.

Based on the 2015 Census of Population, the First District of Samar has a population
of 332,320 inhabitants out of the 780,481 total population of the whole Samar Province.

Section 461 of Republic Act No. 7160, otherwise known a the “Local Government
Code”, provides that a province may be created if it has a population of not less than two
hundred fifty thousand (250,000) inhabitants as certified by the National Statistics Office,
among other essential requirements.

Furthermore, the land area of the First District of Samar is 2,269.14 square kilometers
while the Local Government Code requires only 2,000 square kilometers for a new province
to be created.

The Local Government Code also requires an income of Twenty Million Pesos for a
new province to be created to which the Calbayog City income alone is already sufficient.

It shall be emphasized also that the creation of the Northwestern Samar will not
reduce the population, land area and income of the mother province to less than the minimum

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requirements prescribed by the Local Government Code considering that the remaining
population of the mother province is still 448,161 inhabitants while the land area is 3,778.89
square kilometers.

‘The proposed creation of the Province of Northwestern Samar will not affect the
finances of the present provincial government. Instead, it shall pave the way for a more
manageable cluster of LGUs which includes Calbayog City and the nine municipalities of
Almagro, Gandara, Matuguinao, Pagsanghan, San Jorge, Santa Margarita, Sto Nino, Tagapul-
an and Tarangnan.

Rep. Reynaldo S. Uy and Rep. Mel Senen S. Sarmiento filed this bill in past
Congresses. However, due to lack of material time the measure was not approved by the
House of Representatives.

The First District of the Province of Samar is ready to become another province to

attain political and fiscal autonomy. In the interest and welfare of the people of the proposed
Province of Northwestern Samar, the immediate approval of this bill is earnestly sought.

EDGAR MARY S. SARMIENTO

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Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
SEVENTEENTH SESSION

Third Regular Session

8824

HOUSE BILL

Introduced by: REP. EDGAR MARY S. SARMIENTO

AN ACT
CREATING THE PROVINCE OF NORTHWESTERN SAMAR.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled.

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Charter of the Province of

Northwestern Samar.”

SECTION 2. Province of Northwestern Samar. — There is hereby created a new province
from the present Province of Samar to be known as the province of Northwestem Samar
consisting of Calbayog City and the municipalities of Almagro, Gandara, Matuguinao,
Pagsanghan, San Jorge, Santa Margarita, Sto. Nifio, Tagapul-an, and Tarangnan. The present
Second District of Samar consisting of the Municipalities of Basey, Calbiga, Catbalogan
City, Daram, Hinabangan, San Jose de Buan, Jiabong, Marabut, Motiong, Pinabacdao, San

Sebastian, Sta. Rita, Talalora, Villareal, Wright, and Zumarraga will now comprise the

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province of Samar.

SECTION 3. Capital City and Seat of Government, -~ The capital city and seat of

government of the Province of Northwestern Samar shall be Calbayog City.

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

corporate powers:

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

(b) To sue and be sued;

(c) To have and use a corporate seal:

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

(e) To enter into contracts and agreements; and

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

provided in this Act or other laws.

SECTION 5. General Powers. — The province shall have an independent and 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 property for the general interests of the province; to
expropriate or condemn private property for public use; to contract and to be contracted with,

to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the

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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 officials shall not be exempt

from liability for death or injury to persons or damage to property.

SECTION 7. Legislative District. — The Province of Northwestern Samar shall constitute

one, separate legislative district to commence in the next national election after the effectivity

of this Act.

ARTICLE I

PROVINCIAL OFFICIALS IN GENERAL

SECTION 8. Officials of the Provincial Government. — (A) There shallbe in the Province
of Northwestern Samar a governor, a vice governor, members of the sangguniang
panlalawigan, a secretary to the sangguniangpanlalawigan a provincial treasurer, a provincial
assessor, a provincial budget officer, a provincial planning and development coordinator, a
provincial engineer, a provincial health officer, a provincial civil registrar, a provincial
administrator, a provincial legal officer, a provincial agriculturist, a provincial social welfare
and development officer, a provincial environment and natural resources officer, a provincial
veterinarian, a provincial general services officer, a provincial cooperatives officer and a

provincial accountant

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(B) In addition thereto, the governor may appoint a provincial architect, a provincial

population officer and a provincial information officer.

(C) The sangguniang panlalawigan may:
(1) Maintain existing offices not mentioned in subsections (A) and (B) hereof,
(2) Create such other offices as may be necessary to carry out the purposes of the
provincial government; or
(3) Consolidate the functions of any office with those of another in the interest of

efficiency and economy.

Unless otherwise provided herein, 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 law, rules and regulations. The sangguniang panlalawigan
shall act on the appointment within fifteen (15) days from the day of its submission,

otherwise, the same shall be deemed confirmed.

SECTION 9. Residence and Office. — During the incumbency of the governor, he shall
have his official residence and office in the designated capital of the province. All elective
and appointive provincial officials shall hold office in the provincial capital: Provided, That
upon the resolution of the sangguniang panlalawigan, elective and appointive provincial
officials may hold office in any component city or municipality within the province for a

period of not more than seven days for any given month.

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ARTICLE I
ELECTIVE PROVINCIAL OFFICIALS

SECTION 10. The Provincial Governor, — (A) The provincial governor, as the chief
executive of the provincial government, shall exercise such powers and perform such duties

and functions as provided for in the Local Government Code of 1991 and other laws.

(B) For efficient, effective and economical governance, the purpose of which is the general
welfare of the province and its inhabitants pursuant to Section 16 of the Local Government

Code of 1991, the provincial governor shall:

(1) Exercise general supervision and control over all programs, projects, services and

activities of the provincial government and, in this connection, shall

(a) Determine the guidelines of provincial policies 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 development 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;

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(a) 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;

(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:

(£) 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
the provincial officials and employees, in accordance with law or ordinance;
(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 capitol 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 for 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 performance of his official duties;

(j) Examine the books, records and other documents of all offices, 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;

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(k) Furnish the Office 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 months to deepen his understanding of problems and conditions,
listen and give appropriate counsel to local officials and Inhabitants, inform
the officials and inhabitants of component cities and municipalities of general

laws and ordinances which especially concern them, and otherwise conduct
visits and inspections to ensure that the governance of the province will
improve the quality of life of the inhabitants;

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

(0) Call upon any national official or employee stationed in or assigned 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 committed an offense in the
performance of his duties while stationed in or assigned to the province;

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

availability of funds;

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(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 President the following reports: an annual
Teport 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

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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 province and
its 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 peace and order plan of
the province and, upon its approval, implement the same in accordance with
Republic Act No. 6975,otherwise known as the Philippine National Police
Law; and

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

are inadequate to cope with the situation or the violators.

(3) Initiate and maximize the generation of resources and revenues, and apply the
same to the implementation of development plans, 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

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the budget preparation process under Title V, Book II of the Local
Government Code of 1991;

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

(c) Ensure that all 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 had 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 and municipalities;

(t) 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 proceedings for
violations of ordinances in the collection of taxes, fees or charges, and for the
recovery of funds and property; and cause the province to be defended against
all suits to ensure that its interests, resources and rights are adequately

protected

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(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, shall:

(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 and in coordination with the construction and
repair of the roads and bridges of the province and of 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 other powers and perform such other duties and functions as

may be prescribed by law or ordinance.

(C) The provincial governor shall receive a minimum monthly compensation corresponding
to Salary Grade Thirty (30) prescribed under Republic Act No. 6758, otherwise known as the

Salary Standardization Law and its implementing guidelines.

SECTION 11. 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 expenditures appropriated for the operation of

the sangguniang panlalawigan;

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(2) Subject to civil service law, rules and regulations, appoint all officials and
employees including the secretary of the sangguniang panlalawigan, except those
whose manner of appointment is specifically provided 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 for in Section 44, Book I of the Local Government
Code of 1991;

(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 I of the Local Government
Code 1991; and

(5) Exercise such other powers and perform such other duties and functions as may

be prescribed by law or ordinance.

(B) The vice governor shall receive a monthly compensation corresponding to Salary Grade
‘Twenty-eight (28) as prescribed under Republic Act No. 6758 and the implementing

guidelines issued pursuant thereto.

ARTICLE IV

THE SANGGUNIANG PANLALAWIGAN

SECTION 12. Composition. — (A) The sangguniang panlalawigan, the legislative body of
the province, shall be composed of the provincial vice governor as presiding officer, the ten
(10) regular sangguniang pantalawigan members, which shall be elected by district, the first
district shall be composed of Calbayog City which shall elect at large five (5) members and

the second district which shall be composed of the nine (9) municipalities shall elect at large

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five (5) members, the president of the provincial chapter of the liga ng mga barangay, the
president of the panlalawigang pederasyon ng mga sangguniang kabataan, the president of
the provincial federation of sanggunian members of component cities and municipalities and

the sectoral representatives, as members.

(B) In addition thereto, there shall be three sectoral representatives: one from the women;
and as shall be determined by the sanggunian concemed within ninety (90) days prior to the
holding of the local elections, one from the agricultural or industrial workers; and one from
the other sectors, including the urban poor, indigenous cultural communities or

disabled persons.

(C) The regular members of the sangguniang panlalawigan and the sectoral representatives
shall be elected in the manner as provided for by law, and shall receive a monthly
compensation corresponding to Salary Grade Twenty-seven (27) as prescribed under

Republic Act No, 6758 and its implementing guidelines.

SECTION 13. Powers and Functions. — (A) The sangguniang panlalawigan, as the
legislative body of the province, pursuant to Section 16 and Section 22 of the Local

Government Code of 1991, 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 approved by the sanggunians of component cities

and municipalities and executive orders issued by the mayors of said

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component units to determine whether these are within the scope of the
prescribed powers of the sanggunian and of the mayor;

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

(c) Approve ordinances imposing a fine not exceeding Five thousand pesos
(P5,000.00) or imprisonment not exceeding one year, or both, at 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 to 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 disturbance in public places, vagrancy, mendicancy,
prostitution, establishment and maintenance of houses of ill repute, gambling
and other prohibited games of chance, fraudulent devices and ways to obtain
money or property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publications, and such other activities inimical to
‘the welfare and morals of the inhabitants of the province;

(f) Protect the environment and impose appropriate penalties for acts which
endanger the environment, such as dynamite fishing and other forms of

destructive fishing, illegal logging and smuggling of logs, smuggling of

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natural resources products and of endangered species of flora and fauna, slash
and burn farming, and such other activities which result in pollution,
acceleration of eutrophication of rivers and lakes, or of ecological balance;
(g) Subject to the provision of the Local Government Code of 1991 and
pertinent laws, determine the powers and duties of officials and employees of
the province;

(h) Consistent with the Salary Standardization Law, determine the positions
and salaries, wages, allowances and other emoluments and benefits of officials
and employees paid wholly or mainly from provincial finds, and provide for
expenditures necessary for the proper conduct of programs, projects, services
and activities of the provincial government:

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

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

(k) When the finances of the provincial government allow, provide for
additional allowances and other benefits to judges, prosecutors, public
elementary and high school teachers, and other national government officials

stationed or assigned to the province;

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(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 private counsel for
this purpose; and

(m) Provide for group insurance or additional 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.

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

development and country-wide growth and progress and relative thereto, shall:

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

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

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

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

(e) Appropriate funds for the construction and maintenance or the rental of

buildings for the use of the province; and upon the majority vote of all the

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members of the sangguniang panlalawigan, authorize the provincial governor
to lease to private parties such public buildings held in a proprictary capacity,
subject to existing laws, rules and regulations;

(f) 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 program in coordination with the Department of Agrarian
Reform;

(j) Enact integrated zoning ordinances in consonance with the approved
comprehensive provincial land use plait, 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 or office 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 period stated above shall be deemed as

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approval thereof,

(1) Subject to the provisions of Book IT of the Local Government Code of
1991, grant the exclusive privilege of constructing fish corrals or fish pens, or
the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of any
species of fish within the provincial waters;

(m) 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-inducing industries, subject to the
provisions of the Local Government Code of 1991;

(ii) Grant loans or provide grants to other LGUs or to national, provincial and
municipal charitable, benevolent or educational institutions operated and
maintained within the province;

(0) 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 provision of the Local Government Code of 1991, grant franchises,
approve the issuance of permits or licenses, or enact ordinances levying taxes, fees
and charges upon such conditions and for such purposes intended to promote the
‘general welfare of the inhabitants of the province, and pursuant to the legislative

authority, shall:

(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

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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) Provide 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;

(4) Regulate the display of and fix the license fees for signs, signboards or
billboards at the place or places where the profession or business advertised
thereby is, in whole or in part, conducted;

(ce) Any law to the contrary notwithstanding, authorize and license the
establishment, operation and maintenance of cockpits, and regulate
cockfighting and commercial breeding of gamecocks. Existing rights should
not be prejudiced;

(£) Subject to the guidelines prescribed 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
(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;

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(4) Regulate activities relative to the use of land, buildings and structures within the

province in order to promote the general welfare and, for said purpose, shall:

(a) Declare, prevent or abate nuisance;
(b) With the concurrence of a majority of 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 that buildings and the premises thereof and any land within the
province be kept and maintained in a sanitary condition, impose penalties for
any violation thereof; or upon failure to comply with such requirements, have
the work done at the expense of the owner, administrator or tenant, and require

the filling up of any land or premises to a grade necessary for proper
implementation;

(d) Regulate tile disposal of clinical and other wastes from hospitals, clinics
and other similar establishments,

(c) Regulate the establishment, operation and maintenance of cafes, bars,
restaurants, beer, wine and liquor stores, hotels, motels, inns, pension houses,
dorms and lodging houses, and other similar establishments, including tourists
guides and transportation services;

(f) Regulate the sale, giving away, dispensing of any 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 in buildings and structures, and the storage of

inflammable and highly combustible materials within the province;

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(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
place for entertainment or amusement; regulate such other events or activities
for amusement or entertainment, particularly those which tend to disturb the
community or annoy the inhabitants, or require the suspension or 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:

(j) Regulate the establishment, service, operation and maintenance of gyms,
sports centers, health and fitness spas, and

(k) Provide for the impounding of stray animals; regulate the keeping of
animals in 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 the basic services and facilities as provided for in Section 17 of the Local
Government Code of 1991 and, in addition to said services and facilities, shall:
(a) Adopt measures and safeguards against pollution and for the preservation
of the natural ecosystem in the province in consonance with approved
standards on human settlements and environmental sanitation,

(b) Provide for the establishment, maintenance, protection and conservation

of communal forests and watersheds, tree parks, greenbelts, mangroves and

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other similar forest development projects;

(c) Establish markets, slaughterhouses or animal corrals and authorize the
operation thereof by the provincial government, and regulate the construction
and operation of private markets, talipapas or other similar buildings and
structures;

(d) 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 or offshore activities;

e) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits,
fresh dairy products and other foodstuffs for public consumption;

(f) 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 or
regulate the use of the same by privately-owned vehicles which serve the
public; 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 posts on the streets; and
provide for the lighting, cleaning and sprinkling of streets and public places;
(g) Regulate traffic on all streets and bridges; prohibit encroachments 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;

(h) Subject to existing laws, establish and provide for the maintenance, repair
and operation of an efficient waterworks system to supply water for the

inhabitants and to purify the source of the water supply; regulate the

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construction, maintenance, repair and use of hydrants, pumps, cisterns and
reservoirs; and protect the purity and quantity of the water supply of the
province;

(i) Regulate the drilling and excavation of the ground for groundwater source,
laying of water, gas, sewer and other pipes, and the construction, 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,
live wires, 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;

(j) Regulate the placing, stringing, attaching, installing, repair and
construction of all gas mains, electric telegraph and telephone wires and
cables, conduits, meters, support structures, and other similar apparatus and
provide for the correction, condemnation and removal of the same when found
to be dangerous to the welfare of the inhabitants;

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

institutions supported by the provincial government;

(1) 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;

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

(n) Provide for the care of paupers, the aged, the sick, persons of unsound
mind, abandoned minors, abused children, disabled persons, juvenile
delinquents, drug dependents, and other needy and disadvantaged persons,
particularly children and youth below eighteen (18) years of age; subject to the

availability of funds, establish and support the operation of centers and

facilities for said needy and disadvantaged persons and facilitate the efforts to
promote the welfare of families below the poverty threshold, the
disadvantaged and the exploited;

(0) Establish and provide for the maintenance and improvement of jails and
detention centers, institute a sound jail management program, and appropriate
funds for the subsistence of detainees and convicted prisoners in the province,
(p) Establish a provincial council whose purpose is the promotion of culture
and the arts, coordinate with government agencies and nongovernmental
organizations and, subject to the availability of funds, appropriate funds for
the support and development of the same; and

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

nongovernmental agencies and entities to support the programs and projects

of the elderly.

(6) Exercise such other powers and perform such other duties and functions as

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provided for under the Local Government Code of 1991 and as may be prescribed by

law or ordinance.

ARTICLE V

PROCESS OF LEGISLATION

SECTION 14. Internal Rules of Procedure. — (A) On the first regular session following.
the election of its members and within ninety (90) days thereafter, the sangguniang

panlalawigan shall adopt its own rules of procedure.

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

(1) The organization of the sanggunian and the election of its officers as well as the
creation of standing committees which shall include, but shall not be limited to, the
committees on appropriations, revenues, engineering 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 cach committee; and the election of the chairman and members of each
committee;

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

(3) The legislative proce:

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

(5) The discipline of members for disorderly behavior and absences without

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justifiable cause for four 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 penalty of suspension or expulsion shall require the
concurrence of at least two-thirds (2/3) of all the sanggunian members: Provided,
‘further, That the member convicted by final judgment to imprisonment of at least one
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 15. Full Disclosure of Financial and Business Interests of the Sangguniang
Pantalawigan 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 the 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 provision applicable to this situation, “conflict of interest” refers in
general to one where it may be reasonably deduced that a member of a sangguniang

panlalawigan may not act in the public interest due to some private, pecuniary or

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other personal considerations that may tend to affect his judgment to the prejudice of

the service or the public.

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

the following manner:

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

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

professional relationship described herein.

SECTION 16. Sessions. — (A) On the first day of session immediately following the
election of its members, the sangguniang panlalawigan shall, by resolution, fix the day, time
and place of its regular sessions. The minimum number of regular sessions of the

sangguniang panlalawigan shall be once a week.

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

governor or by a majority of the members of the sanggunian.

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

special, may be held in a single day.

(D) In the case of special sessions of the sanggunian, a written notice to the members shall
be served personally at the members’ usual place of residence at least twenty-four (24) hours
before the special session is held. Unless otherwise concurred in by two-thirds (2/3) vote of
the sanggunian members present, there being a quorum, no other matters may be considered

at a special session except those stated in the notice.

(E) The sanggunian shall keep a journal and a record of its proceedings which may be

published upon resolution of the sangguniang panlalawigan.

SECTION 17. Quorum. — (A) A majority of all the members of the sanggunian who have
been elected and qualified shall constitute a quorum to transact official business. Should a
question of quorum be raised during the session, the presiding officer shall immediately

proceed to call the roll of the members and thereafter announce the results.

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

member and present him at the session

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

quorum.

SECTION 18. Approval of Ordinances. — (A) Every ordinance enacted by the
sangguniang panlalawigan shall be presented to the provincial 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 govemnor by two-thirds
(2/3) vote of all its members, thereby making the ordinance or resolution effective for all

legal intents and purposes

(B) The veto shall be communicated by the governor to the sangguniang panlalawigan within

fifteen (15) days; otherwise, the ordinance shall be deemed approved as if he had signed it.

SECTION 19. Veto Power of the Governor. — (AA) The provincial governor may veto any
ordinance of the sangguniang pantalawigan on the ground that it is prejudicial to the public

welfare, stating his reasons thereof in writing.

(B) The governor shall have the power to veto any particular item or items of an
appropriations 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.

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‘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

Teenacted.

(C) The governor may veto an ordinance or resolution only once. The sanggunian may
override the veto of the governor by two-thirds (2/3) vote of all its members, thereby making

the ordinance effective even without the approval of the provincial governor.

ARTICLEVI

SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS

SECTION 20. Permanent Vacancy in the Office of the Provincial Governor. — Ifa
permanent vacancy occurs in the office of the governor, the vice governor shall become the
governor. If the vice governor refuses to assume the position of governor, the highest ranking
sangguniang panlalawigan member shall become the governor. If a permanent vacancy
occurs in the office of the vice governor, the highest ranking sangguniang panlalawigan
member or, in case of his permanent incapacity, the second highest ranking sangguniang
panlalawigan member shall become the provincial governor or vice governor, as the case may
be. Subsequent vacancies in said offices shall be filled automatically by the other sanggunian

members according to their ranking as defined herein:

(1) A tie between or among the highest ranking sangguniang panlalawigan members

shall be resolved by drawing of lots;

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1 (2) The successors as defined herein shall serve only the unexpired terms of their

2 predecessors;
3 (3) For purposes of this Act, a permanent vacancy arises when an elective local
4 official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is
5 removed from office, voluntarily resigns, or is otherwise permanently incapacitated to
6 discharge the functions of his office, and
7 (4) For purposes of succession as provided in this Act, ranking in the sangguniang
8 panlalawigan shall be determined on the basis of the proportion of votes obtained by
9 each winning candidate to the total number of registered voters in the province in the
10 immediately preceding local elections.
11

12 SECTION 21. Permanent Vacancies in the Sanggunian. — Permanent vacancies in the
13 sangguniang panlalawigan where automatic succession as provided above does not apply

14 shall be filled by appointments in the following manner:

15

16 (1) The President, through the Executive Secretary shall make the aforesaid

v7 appointments;

18 (2) Only the nominee of the political party under which the sanggunian member

19 concerned had been elected shall be appointed in the manner herein provided. The
20 appointee shall come from the political party as that of the sanggunian member who
21 caused the vacancy and shall serve the unexpired term of the vacant office. In

22 the appointment herein mentioned, a nomination and a certificate of membership of
23 the appointee from the highest official of the political party concerned are conditions
24 sine qua non, and any appointment without such nomination and certification shall be
2s null and void ab initio and shall be a ground for administrative action against the

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responsible official:
(3) In case the permanent vacancy is caused by a sanggunian member who does not
belong to any political party, the governor shall, upon recommendation of the
sangguniang panlalawigan, appoint a qualified person to fill the vacancy; and

(4) In case of vacancy in the representation of the sangguniang kabataan, the
sangguniang barangay and the provincial league of councilors in the sangguniang
panlalawigan, said vacancy shall be filled automatically by the official next in rank of

the organization concerned,

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 the power to appoint, suspend or dismiss employees which can only be

exercised if the period of temporary incapacity exceeds thirty (30) working days.

(B) Said temporary incapacity shall terminate upon submission to the sangguniang
panlalawigan of a written declaration by the 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 exists.

(C) When the provincial governor is traveling within the country but outside the territorial

jurisdiction of the province for a period not exceeding three consecutive days, he may

designate in writing the officer-in-charge of his office. Such authorization shall specify the

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powers and functions 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 limitations 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.

ARTICLE VIL
APPOINTIVE PROVINCIAL OFFICIALS:

THEIR QUALIFICATIONS, POWERS AND DUTIES

SECTION 23. The Secretary to the Sangguniang Panlalawigan. — (A) There shall be a
secretary to the sangguniang pantalawigan who shall be a career official, with the rank and

salary equal to a head of department or office.

(B) 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 degree preferably in law, commerce or public administration from a recognized

college or university, and a first grade civil service eligible or its equivalent

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(C) The secretary of the sanggunian shall take charge of the office the sangguniang

panlalawigan, and shall:

(1) Attend meetings of the sanggunian and keep a 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 Local 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 kept for the purpose, all ordinances and resolutions enacted or
adopted by the sanggunian, with the dates of passage and publication thereof:

(7) Keep his 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 for under the Local

Government Code of 1991; and

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(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 24. The Provincial Treasurer. —- (A) The treasurer shall be appointed by the
Secretary of Finance from the list of at least three ranking eligible recommendees of the

governor, subject to civil service law, rules and regulations

(B) The treasurer shall be under the administrative supervision of the governor to whom he

shall report regularly on the tax collection efforts in the local government 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 its equivalent. He must have acquired experience in treasury or
accounting service for at least five years. The appointment of the provincial treasurer shall be

mandatory.

(D) He shall take charge of the treasury office, perform the duties provided for under Book Il

of the Local Government Code of 1991, and shall:

(1) Advise the governor or the sanggunian, as the case may be, and other local

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government and national officials concerned regarding the disposition of 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 entrusted to him by law or other competent
authority;

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

(5) Maintain and update the tax information system of the local government unit; and

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

municipalities.

(E) Exercise such other powers and perform such other functions and duties as may be

prescribed by law or ordinance.

SECTION 25. 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
eligible or its equivalent. He must have acquired experience in real property assessment work
or in any related field for at least five years. The appointment of the provincial assessor shall

be mandatory.

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(B) The assessor shall take charge of the assessor’s office, perform the duties provided for

under Book II 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 same;

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

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

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

(9) Issue, upon request of any interested party, certified copies of assessment records
or real property and all other records relative to its assessment, upon payment of a

service charge or fee to the treasurer;

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(10) Submit every semester a report of all assessments; as well as cancellations and
modifications of assessments to the governor and the sangguniang panlalawigan; and
(11) Exercise technical supervision and visitorial functions over all component city
and municipal assessors, coordinate with component city or municipal assessors in the
conduct of tax mapping operations and all other assessment activities, and provide all
forms of assistance: Provided, however, That upon full provision by the component
city or municipality concerned to its assessor’s office of the minimum personnel,
equipment and funding requirements as may be prescribed by the Secretary of

Finance, such functions shall be delegated to the said municipal assessor.

(©) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

SECTION 26. The Provincial 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 years. The appointment of a provincial accountant is

mandatory.

(B) The accountant shall take charge of both the accounting and internal audit services of the

province, and shall:

(1) Install and maintain an internal audit system in the province;
(2) Prepare and submit financial statements to the governor and to the sangguniang,

panlalawigan;

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

(4) Certify to the availability of budgetary allotment 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 statements of journal vouchers and liquidation of the same and other
adjustments related thereto;

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

(9) Maintain individual ledgers for officials and employees of the provincial
government pertaining to payrolls and deductions;
(10) Record and post in index cards details of purchased furniture, fixtures and
equipment, including disposal thereof, if any:

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

(12) Prepare journals and the analysis of obligations and maintain and keep all

records and reports related thereto.

(C) Exercise such other powers and perform such other duties and functions as may be

provided by law or ordinance.

SECTION 27. The Provincial Budget Officer. — (A) No person shall beappointed budget

officer unless he is a citizen of the Philippines, a resident of the province, of good moral

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character, a holder of a college degree preferably in accounting, economics, public

administration or any related course from a recognized college or university, and a first grade

civil service eligible or its equivalent. He must have acquired experience in government
budgeting or in any related field for at least five years. The appointment of the provincial

budget officer shall be mandatory.

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

(1) Prepare forms, orders and circulars embodying instructions on budgetary and

appropriation matters for the signature of the 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) Submit periodic budgetary reports to the Department of Budget and Management;

(6) Coordinate with the treasurer, the accountant and the planning and development
coordinator for the purpose of budgeting;
(7) Assist the sangguniang 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.

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(C) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

(D) The appropriations for personal services of the budget officer shall be provided for in full

in the annual budget of the provincial government.

SECTION 28. 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 development planning or any related
field for at least five years. The appointment of a provincial planning and development

coordinator shall be mandatory to the provincial government.

(B) 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;

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

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

(6) Analyze the income and expenditure patterns, and formulate and recommend
fiscal plans and policies for 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 perform such other duties and functions as may be

prescribed by law or ordinance.

SECTION 29. The Provincial Engineer. — (A) No person shall be appointed 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 years. The appointment of the provincial engineer shall be

mandatory.

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

(1) Initiate, review and recommend changes in policies and objectives, plans and
programs, techniques, procedures and practices in infrastructure development and

public works in general of the province;

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(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 public 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 perform such other duties and functions as may be

prescribed by law or ordinance.

SECTION 30. The Provincial Health Officer. — (A) No person shall be appointed health
officer unless he is a citizen of the Philippines, a resident of the province, of good moral
character and a licensed medical practitioner. He must have acquired experience in the
practice of his profession for at least five years. The appointment of a provincial health

officer shall be mandatory.

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

(1) Supervise the personnel and staff of aid 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 programs geared towards the

implementation of health-related projects and activities;

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(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 Local Government Code of 1991;
(3) Develop plans and strategies and, upon approval thereof by the governor,
implement the same, particularly those which have to do with health programs and
projects which the governor is empowered to implement and which the sanggunian is
‘empowered to provide for 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 laws, ordinances and regulations relating to public
health;

(d) Recommend 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;

(£) 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 campaigns and render health intelligence

service;

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(h) Coordinate with other government agencies and nongovernmental
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 duties and functions as may be

prescribed by law or ordinance.

SECTION 31. The Provincial Civil Registrar. — (A) No person shall be appointed civil
registrar unless he is a citizen of the Philippines, a resident of the province, of good moral
character, a holder of a college degree from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired experience in civil
registry work for at least five years. The appointment of a provincial civil registrar shall be

mandatory.

(B) 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 thereof by the governor,

implement the same, particularly those which have to do with civil registry programs

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rT and projects which the governor is empowered to implement and which the

2 sanggunian is empowered to provide for under the Local Government Code of 1991;
3 (2) In addition to the foregoing duties and functions, the civil registrar shall:
4 (a) Accept all registrable documents and judicial decrees affecting the civil
5 status of persons;
6 (b) File, keep and preserve in a secure place the books required by law;
7 (c) Transcribe and enter immediately upon receipt all registrable
8 documents and judicial decrees affecting the civil status of persons in the
9 appropriate civil registry books;
10 (d) Transmit to the office of the civil registrar-general, within the prescribed
11 period, duplicate copies of registered documents required by law;
12 (e) Issue certified transcripts or copies of any certificate of registered
13 documents upon payment of the prescribed fees to the treasurer;
14 (f ) Receive applications for the issuance of a marriage license and, after
15 determining that the requirements and supporting certificates and publication
16 thereof for the prescribed period have been complied with, issue the license
v7 upon payment of the authorized fee to the treasurer; and
18 (g) Coordinate with the National Statistics Office in conducting educational
19 campaigns for vital registration and assist in the preparation of demographic
20 and other statistics for the province.
a

22 (C) Exercise such other powers and perform such other duties and functions as may be
23. prescribed by law or ordinance.
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25 SECTION 32. The Provincial Administrator. — (A) No person shall be appointed

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administrator 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 public administration, law 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 management and administration work
for at least five years. The term of the administrator is coterminous with that of his appointing

authority. The appointment of a provincial administrator shall be mandatory.

(B) The administrator shall take charge of the Office of administrator, and shall:

(1) Develop plans and strategies and, upon approval thereof by the governor,
implement 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 the sanggunian is empowered to provide for under the Local
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 of 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 theprovince, with the

end in view of instituting effective administrative reforms.

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

SECTION 33. The Provincial Legal Officer. —(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 years. The term of the legal officer shall be coterminous with that of his appointing

authority. The appointment of a provincial legal officer shall be mandatory.

(B) The legal officer, the chief legal counsel of the province, shall take charge of the office

for legal services, and shall:

(1) Formulate measures for the consideration of the sanggunian and provide legal
assistance and support to the governor in carrying our the delivery of basic services
and provision of adequate facilities as provided for tinder Section 17 of the Local
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 with programs and projects

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telated to legal services which the governor is empowered to implement and which
the sanggunian is empowered to provide for under the Local Government Code of
1991;

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

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

(c) Render his opinion in writing on any question of Law when requested to do
so by the governor or the sanggunian;

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

(£)When directed by the governor or the sanggunian, initiate and prosecute,

in the interest of the province, any civil action on any bond, lease or other

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contract upon any breach or violation thereof, and
(g) Review and submit recommendations on ordinances approved and

executive orders issued by component municipalities.

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(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

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

natural disasters and calamities.

(C) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

SECTION 34. 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 years. The appointment of a provincial

agriculturist shall be mandatory.

(B) 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 to ensure the
delivery of basic services and, provision of adequate facilities relative to agricultural
services as provided for under Section 17 of the Local Government Code of 1991;
(2) Develop plans and strategies and, upon approval thercofby the governor,
implement the same, particularly those which have to do with agricultural programs

and projects which the governor is empowered to implement and which the

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sanggunian is empowered to provide for under the Local Government Code of 1991;

(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 aquacultural and marine products
are extended to farmers, fishermen and local entrepreneurs;

(b) Conduct or cause to be conducted location-specific agricultural researches
and assist in making available the appropriate technology arising out of and
disseminating information on basic research on crops, 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 aquaculture and marine products;

(d) Enforce rules and regulations relating to agriculture and aquaculture; and
(e) Coordinate with government agencies and nongovernmental organizations
which promote agricultural productivity through appropriate technology

compatible with environmental integrity.

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

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

the inhabitants.

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(C) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

SECTION 35. The Provincial Social Welfare and Development Officer. -(A) No persons
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 duly licensed social worker
and a holder of a college degree preferably in sociology 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 practice of social work for at least five years. The

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

(B) 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 for under Section 17 of the Local 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 with social welfare programs
and projects which the governor is empowered to implement and which the
sanggunian is empowered to provide for under the Local Government Code of 1991;
(3) In addition to the foregoing duties, the social welfare and development officer

shall:

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

(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 implementing the barangay level program for the
total development and protection of children up to six years of age;

(d) Facilitate the implementation of welfare programs for the disabled, the
elderly, the 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

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

abuse and neglect.

(4) Be in the frontline of service delivery, particularly those which have to do with
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 other matters

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related to social welfare and development Service which will improve the livelihood

and living conditions of the inhabitants.

(C) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

SECTION 36. The Provincial Environment and Natural Resources Officer. — (A) No
person shall be appointed environment and natural resources officer unless he is a citizen of
the Philippines, a resident of the province, of good moral character, a holder or a college
degree preferably in environment, forestry, agriculture or any related course from a
recognized college or university, and a first grade civil service eligible or its equivalent.

He must have acquired experience in environmental and natural resources management,
conservation and utilization for at least five years. The appointment of a provincial

environment and natural resources officer shall be mandatory.

(B) The environment and natural resources officer shall take charge of the office on

environment and natural resources, and shall:

(1) Formulate measures for the consideration of the sanggunian and provide technical
assistance and support to the 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 Local 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 with environment and

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

(3) In addition to the foregoing duties and functions, the environment and natural

resources officer shall:

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

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

(c) Provide extension services to beneficiaries of forest development projects
and technical, financial and infrastructural 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;

(f) Promote small-scale mining and utilization of mineral resources,
particularly mining of gold; and
(g) Coordinate with government agencies and nongovernmental organizations
in the implementation of measures to prevent and control land, air and water
pollution with the assistance of the Department of Environment and Natural

Resources.

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

(C) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

SEC. 37. The Provincial Veterinarian. — (A) No person shall be
appointed veterinarian unless he is a citizen of the Philippines, a resident of
the province, of good moral character and a licensed doctor of veterinary
medicine. He must have practiced his profession for at least three years.
The appointment of a provincial veterinarian shall be mandatory.

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

(1) Formulate measures for the consideration of the

sanggunian and provide technical assistance and support to the

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

(2) Develop plans and strategies. and, upon approval thereof

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by the governor, implement the same, particularly those which have to
do with veterinary-related activities which the governor is empowered
to implement and which the sanggunian is empowered to provide for
under the Local 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

slaughterhouses;

(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
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 other matters relative to veterinary services which will increase
the number and improve the quality of livestock, poultry and other

domestic animals used for work or human consumption.

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(C) Exercise such other powers and perform such other duties and

functions as may be prescribed by law or ordinance.

SECTION 38. 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 a college degree in public administration,
business administration or management 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 years. The appointment of a provincial general services officer

shall be mandatory.

(B) The 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 facilities pursuant to Section 17 of the
Local Government Code of 1991, and those which require general services expertise
and technical support services;

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

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

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

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

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

() 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;

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

(g) Perform 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 government treasurer, and enforces policies

on records creation, maintenance and disposal

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

(5) Recommend to the sanggunian and advise the governor on all matters relative to

general services.

(C) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

SECTION 39. The Provincial cooperatives Officer. — (A) No person shall be appointed
cooperatives officer 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 business administration
course with special training in cooperatives or any related course from a recognized college
or university, and a first grade civil service eligible or its equivalent. He must have acquired
experience in cooperatives organization and management for at least five 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 tile delivery
of basic services and provision of adequate facilities through the development of

cooperatives, and in providing access to such services and facilities;

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(2) Develop plans and strategies and, upon approval thereof, by the governor,
implement the same, particularly those which have to do with integration of
cooperatives principles and methods in programs which the governor is empowered to
implement and which the sanggunian is empowered to provide for under the Local
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 forms 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
nongovernmental organizations involved in the promotion and integration of
the concept of cooperatives in the livelihood of the people and other

community activities.

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

(5) Recommend to the sanggunian and advise the government on all other 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 perform such other duties and functions as may be

prescribed by law or ordinance.

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SECTION 40. The Provincial 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 years. The

appointment of a provincial architect shall be optional.

(B) The 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 architectural planning
and design as provided for under Section 17 of the Local 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 with architectural planning
and design programs and projects which the governor is empowered to implement and
which the sanggunian is empowered to provide for under the Local Government,
Code of 1991;

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

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

(b) Review and recommend for appropriate action of the sanggunian and the

governor the architectural plan and design submitted by governmental and

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nongovernmental entities or individuals, particularly those for undeveloped,
underdeveloped aid poorly-designed arcas; and

(c) Coordinate with government agencies and nongovernmental entities and
individuals involved in the aesthetics and the maximum utilization of the land
and water within the jurisdiction of the province, compatible with

environmental integrity and ecological balance.

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

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

development of the province.

(C) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

SECTION 41. The Provincial Population Officer. — (A) No person shall be appointed
population officer unless he is a citizen of the Philippines, a resident of the province, of good
moral character, a holder of a college degree with specialized training in population
development from a recognized college or university, and a first grade civil service eligible or
its equivalent, He must have acquired experience in the implementation of programs on
population development or responsible parenthood for at least five years. The appointment of

a provincial population officer shall be optional.

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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 sanggunian is empowered to

provide for under the Local Government Code of 1991;

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

(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.

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(©) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

SECTION 42. The Provincial Information Officer. —(A) No person shall be appointed
information officer 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 journalism, 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 acquired experience in writing
articles and research papers, or in writing for print, television or broadcast media for at least

three 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 services 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 the programs and projects which the governor is empowered
to implement and which the sanggunian is empowered to provide for under the Local

Government Code of 1991;

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

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(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 promotion of
local area tourism programs and projects; and

(d) Furnish information and data of the province to government agencies or
offices as may be required by law or ordinance and nongovernmental

organizations to be furnished to said agencies and organizations.

(4) Be in the frontline 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 the emergency, and
accelerate relief and rehabilitation; and

(5) Recommend to the sanggunian and advise the governor on all other matters
telative to public information and research data as it relates to the total socioeconomic

development of the province.

(C) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

ARTICLE VII

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THE PROVINCIAL FIRE STATION, THE PROVINCIAL JAIL,
THE PROVINCIAL SCHOOL DIVISION, THE PROVINCIAL
PROSECUTION SERVICE AND THE PROVINCIAL
ENGINEERING DISTRICT

SECTION 43. The Provincial Fire Station Service. — (A) There shall be established in the
Province of Northwestern Samar at least five fire stations with adequate personnel, fire
fighting facilities and equipment, by the Department of the Interior and Local Government
(DILG) within two months upon the commencement of the corporate existence of the new

province. The provincial government shall provide the necessary land or sites of the

provincial fire stations,

(B) The provincial fire station service shall be headed by a provincial fire marshal whose
qualifications shall be as those provided for under Republic Act No. 6975, otherwise known

as the Philippine National Police Law.

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

the citizenry.

SECTION 44. The Provincial Jail Service. — (A) There shall be established and
maintained in the Province of Northwestem Samar, within two months from the
commencement of the corporate existence of the province, by the DILG a secured, clean,

adequately equipped and sanitary jail facility for the custody and safekeeping of prisoners,

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any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to
the national penitentiary, and/or violent mentally ill person who endangers himself or the
safety of others, duly certified as such by the proper medical health officer, pending the

transfer to a mental institution.

(B) The provincial jail service shall be headed by a provincial jail warden who must be a
graduate of a four 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 wellbeing are properly and promptly attended

to.

SECTION 45. The Northwestern Samar Provincial School Division. —(A) The
Department of Education shall, within two months from the commencement of the corporate
existence of the province herein created, establish and maintain a separate school division in
the Province of Northwestern Samar whose jurisdiction shall cover the municipalities 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 qualifications required by the Department of Education.

SECTION 46. The Provincial Prosecution Service. — (A) There shall be established and
maintained in the Province of Northwestern Samar a prosecution service by the Department
of Justice (DOJ), within two months from the commencement of the corporate existence of

the province herein created, which shall be headed by a provincial prosecutor and such

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number of assistant prosecutors as may be necessary, who shall be organizationally part of
the DOJ, and under the supervision and control of the Secretary of the DOJ, and whose
qualifications, manner of appointment, rank, salary and benefits shall be governed by existing

laws covering prosecutors in the DOJ.

(B) The provincial prosecutor shall handle the criminal prosecution in the municipal trial
courts in the province as well as in the regional trial courts for criminal cases originating in
the territory of the province, and shall render to and for the province such other services as
are required by law or regulation of the DOJ. The regional trial courts and other courts under
the DOJ of adjoining municipalities shall continue to try crimes and misdemeanors
committed within the jurisdiction of the new province. The court first taking jurisdiction of

such offense shail thereafter retain exclusive jurisdiction thercof.

SECTION 47. The Northwestern Samar Provincial Engineering District. — There shall
be established and maintained by the Department of Public Works and Highways (DPWH) a
separate and independent highway engineering district for the Province of Northwestern
Samar, within two months from the commencement of the corporate existence of the
province herein created, which shall be headed by a district engineer and such number

of assistant district engineers as may be necessary, who shall be organizationally part of the
DPWH, and under the supervision and control of the Secretary of the DPWH, and whose
qualifications, manner of appointment, rank, salary and benefits shall be governed by existing

laws.

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ARTICLE IX

TRANSITORY AND FINAL PROVISIONS

SECTION 48. Plebiscite. — The Province of Northwestern Samar shall be created, as
provided for in this Act, upon approval by a majority of the votes cast by the voters of the
Province of Samar in a plebiscite to be conducted and supervised by the Commission on
Elections within thirty (30) days from the date of the effectivity of this Act. The amount
necessary for the conduct of the plebiscite shall be charged to the appropriation of the
Province of Samar and Calbayog City and the nine (9) municipalities being proposed to

comprise the Province of Northwestern Samar.

SECTION 49. Commencement of Corporate Existence. — The Province of Northwestem
Samar 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 50. Officials of the Province of Northwestern Samar. — (A) The first set of
elective officials of the Province of Northwestern Samar shall be elected in the next local
elections following the effectivity of this Act. The President of the Philippines shall appoint
an interim governor, vice governor and members of the sangguniang panlalawigan, who shall

serve only until a new set of provincial officials have been elected and qualified.

(B) The incumbent congressional representatives of the present Province of Samar shall

continue to represent their respective legislative districts until the expiration of their term of

office.

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SECTION 51. Organization of the Provincial Government. All provincial appointive
positions in the Province of Northwestern Samar as enumerated in Section 8 hereof shall be
filled within sixty (60) days after the commencement of corporate existence of the province,
as provided for in Section 49 hereof. This shall be done without prejudice to the officials and

employees of the present Province of Samar who may wish to serve in the Province of

Northwestern Samar.

SECTION 52. 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 years from its
acquisition of corporate existence. Notwithstanding any existing law or ordinance to the
contrary, real property tax in the locality shall not be increased within five years upon its

creation into a new province.

SECTION 53. Proportionate Division. — Upon the commencement of corporate existence
of the new province, the obligations, funds, assets and other properties of the present
Province of Samar shall be divided proportionately between the Province of Samar and the
Province of Northwestern Samar by the President of the Philippines upon the

Tecommendation of the Commission on Audit.

SECTION 54. Applicability of Laws. — The provisions of Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and other laws as are applicable to
provinces shall govern the Province of Northwestern Samar insofar as they are not

inconsistent with the provisions of this Act.

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SECTION 55. Separability Clause. — If any part of this Act is declared invalid or

unconstitutional, the other parts or provisions hereof shall remain valid and effective.

SECTION 56. Effectivity. — This Act shail take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation.

Approved,

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