NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
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24 NOV 11 P4:00
SENATE
S. B. No. 28 V5
Introduced by Senator Robinhood Padilla
AN ACT
CREATING A SPECIAL GEOGRAPHIC AREA IN THE BANGSAMORO 
AUTONOMOUS REGION IN MUSLIM MINDANAO TO BE KNOWN AS
"KUTAWATO PROVINCE"
Section 2 of Republic Act No. 7160, known as the "Locai Government Code of 
1991," provides that territoriai and political subdivisions of the State shall be granted 
genuine and meaningful local autonomy. This autonomy aims to empower them to 
achieve their fullest potential as self-reliant communities, and to enhance their role as 
effective partners in realizing national objectives.
The establishment of the Special Geographic Area (SGA) reflects the historic 
aspirations of the sixty-three (63) barangays from the municipalities of Carmen, 
Kabacan, Midsayap, Pigcawayan, Pikit, and Aleosan in the Province of Cotabato to 
become part of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), 
as affirmed through a plebiscite held on February 6, 2019.
Following their inclusion in the BARMM from the Province of Cotabato, 
registered voters in the SGA were unfortunately not afforded the opportunity to 
participate in the 2022 elections for selecting their Representative to the House of 
Representatives, along with officials for Governor, Vice-Governor, Provincial Board 
Members, Mayors, Vice-Mayors, Sangguniang Members, and other local government 
positions.
This situation raises concerns regarding their constitutionai right to suffrage, as 
outlined in Section 1, Article V of the 1987 Philippine Constitution, which provides that 
ali citizens of the Philippines, who are at least eighteen years of age, and meet the 
residence requirements, shall be entitled to vote, without additionai requirements 
relating to literacy, property, or other qualifications.


To address this serious concern, this bill thus proposes to create an SGA under 
the BARMM to be known as the Kutawato Province, to be composed of the eight (8) 
abovementioned municipalities with Pahamuddin as its proposed capital. It outlines 
the powers and functions of the provincial government, including but not limited to 
revenue generation, taxation, land use regulations, consistent with the provisions of 
the Local Government Code of 1991.
To facilitate the swift development of these newly established municipalities 
within the SGA and to ensure the provision of essential services to their constituents, 
it is essential to establish a province that will oversee and support these localities. The 
creation of Kutawato Province also aims to streamline the delivery of basic services 
and facilities and enhance local government operations within these areas.
Moreover, the bill intends to empower these localities by allowing the local 
government to appropriate funds for the general welfare of the province and its 
inhabitants. This approach ensures that resource allocation and development planning 
are tailored to the specific needs of the SGA.
Lastly, this bill also seeks to contribute to the peace efforts of both the national 
government and the BARMM in areas affected by decades of armed conflict. It aims 
to safeguard against the disenfranchisement of residents by ensuring their access to 
adequate and effective government services.
With ail these being said, the passage of this bill creating the Charter of the 
Kutawato Province is earnestly sought.
Rp6lNH0dD PADILLA
/Senator


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
24
Mill.
11 P4 :00
SENATE
s. B. No. 2 a 1 b
Introduced by Senator Robinhood Padilla
AN ACT
CREATING A SPECIAL GEOGRAPHIC AREA IN THE BANGSAMORO 
AUTONOMOUS REGION IN MUSLIM MINDANAO TO BE KNOWN AS THE
"KUTAWATO PROVINCE"
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
ARTICLE I
GENERAL PROVISIONS
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Section 1. Title. - This Act shail be known as the "Charter of the Kutawato 
Province".
Sec. 2. Creation - There is hereby created a new province for the Speciai 
Geographic Area, Bangsamoro Autonomous Region in Muslim Mindanao, to be known 
as the Kutawato province.
Sec. 3. Composition. - The Kutawato Province shall be composed of the 
municipalities of Pahamuddin, Kadayangan, Nabalawag, Oid Kaabakan, Kapalawan, 
Malidegao, Tugunan, and Ligawasan, which covered the sixty-three barangays in the 
Special Geographic Area.


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Sec. 4. Territorial Jurisdiction. - The territorial jurisdiction of the Kutawato 
Province shall be within the present metes and bounds of all the municipalities 
comprising the eight municipalities in the Special Geographic Area.
The foregoing provision shall be without prejudice to the resolution by the 
appropriate agency or forum of existing boundary disputes or cases involving 
questions of territorial jurisdiction between the new province and adjoining local 
government units in case there is any in the SGA: Provided, That the territorial 
boundaries of the disputed area or areas shall remain with the local government unit 
which has existing administrative supervision over said area or areas until final 
resolution of the case.
Sec. 5. Capital Town and Seat of Government. -The capital town and seat of 
government shall be the municipality of Pahamuddin of the Kutawato Province.
Sec. 6. Corporate Powers of the Province. -The province constitutes a political 
body corporate and, as such, is endowed with the attributes of perpetual succession 
and possesses of the powers which pertain to a provincial corporation to be exercised 
in conformity with the provisions of this Charter, the Bangsamoro Local Governance 
Code, and, in suppletory, the Republic Act No. 7160, otherwise known as the "Local 
Government Code of 1991," as amended. The province shall have the following 
corporate powers:
(a) To exercise continuous succession in its corporate name;
(b) To sue and be sued;
(c) To use a corporate seal;
(d) To acquire and convey real or personal property;
(e) To enter into contracts and agreements; and
(f) To exercise such other powers granted to corporations, subject to the
limitations provided under the Bangsamoro Local Governance Code and in
suppletory. Local Government Code of 1991, as amended, and other laws.


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Sec. 7. Genera!Powers. -The province shall have a common seal and may alter 
the same at its pleasure: Provided, That any change of corporate seal shall be 
registered with the Ministry of Interior and Local Government (MILG) and/or the 
Department of the Interior and Local Government (DILG). The province shall have the 
power to create its sources of revenues and to levy taxes, fees, and charges; 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 to be sued; to prosecute 
and defend to final judgment and execution suits wherein the province is involved or 
interested in; and to exercise all the powers as are granted to corporations or as 
hereinafter granted, subject to the provisions of the Local Government Code of 1991, 
as amended.
Sec. 8. Liability for Damages. -The province and its officials shall not be exempt 
from liability for death or injury to persons or damage to property.
Sec. 9. Legislative District -The province shall have its own legislative district 
comprising of the municipalities enumerated under Section 3 of this Charter, which 
shall take effect upon the election and qualification of its representative to be held on 
the second Monday of May 2025;
The incumbent Representatives of the present Province of North Cotabato shall 
continue to represent their respective legislative districts until the expiration of their 
terms of office.
ARTICLE II
PROVINCIAL OFFICIALS IN GENERAL
Sec. 10. Officials of the Provincial Government - (a) The Kutawato Province 
shall have a provincial governor, a provincial vice governor, the regular members of 
the sangguniang paniaiawigan, a secretary to the sangguniang paniaiaiwigan, a 
provincial treasurer, a provincial assessor, a provincial accountant, a provincial budget 
officer, a provincial planning and development coordinator, a provincial engineer, a


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provincial health officer, a provincial administrator, a provincial legal officer, a 
provincial agriculturist, a provincial social welfare and development officer, a provincial 
veterinarian, and a provincial general services officer.
(b) In addition, thereto, the provincial governor may appoint a provincial 
architect, a provincial population officer, a provincial environment and natural 
resources officer, a provincial cooperative officer, and a provincial information officer.
(c) Consolidate the functions of any office with those of another in the interest 
of efficiency, economy, and public welfare.
Unless otherwise provided herein or under the Local Government Code of 1991, 
as amended, the heads of departments and offices shall be appointed by the provincial 
governor with the concurrence of a majority of all the sangguniang panlalawigan 
members, subject to civil service law, rules, and regulations. The sangguniang 
panlalawigan shall act on the appointments within fifteen (15) days from the day of 
submission; otherwise, the same shall be deemed confirmed.
Sec. 11. Residences and Office. - The official residence and office of the 
provincial governor, during the latter's incumbency, shall be in the capital of the 
province. All elective and appointive provincial officials shall hold office in the provincial 
capital: Provided, That, upon the resolution of the sangguniang panlalawigan, elective 
and appointive provincial officials may hold office in any component municipality within 
the province for period of not more than seven (7) days for any given month.
Elective and appointive provincial officials shall receive such compensation, 
allowance, and other emoluments as may be determined by law or ordinance, subject 
to the budgetary limitations on personal services prescribed under Section 325 of the 
Local Government Code of 1991, as amended: Provided, That no increase in 
compensation shall take effect until after the expiration of the full term of all the 
elective officials approving such increase.


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ARTICLE III
ELECTIVE PROVINCIAL OFFICIALS
Sec. 12. 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 under the Local Government Code of 1991, as 
amended, and other laws.
(b) For efficient, effective, and economical governance, the purpose of which 
is the general welfare of the province and its inhabitants pursuant to Section 16 of the 
Local Government Code of 1991, as amended, the provincial governor shall:
(1) Exercise general supervision and control over all programs, projects, 
services, and activities of the provincial government and, in this connection, 
shall:
(i) Determine the guidelines of provincial policies and be responsible to 
the sangguniang paniaiawigan for the program of government;
(ii) Direct the formulation of the provincial development plan with the 
assistance of the provincial development council and, upon approval 
thereof by the sangguniang paniaiawigan, implement the same;
(iii) Present the program of government and propose policies and 
projects for the consideration of the sangguniang paniaiawigan at the 
opening of the regular session of the sangguniang paniaiawigan every 
calendar year and as often as may be deemed necessary as the general 
welfare of the inhabitants and the needs of the provincial government 
may require;
(iv) Initiate and propose legislative measures to the sangguniang 
paniaiawigan and, as often as may be deemed necessary, provide such


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information and data needed or requested in the performance of its 
legislative functions;
(v) Appoint all officials and employees whose salaries and wages are 
wholly or mainly paid out of provincial funds and whose appointments 
are not otherwise provided for in this Act, as well as those that the 
provincial governor may be authorized by law to appoint;
(vi) Represent the province in all its business transactions and sign in its 
behalf all bonds, contracts, obligations, and such other documents upon 
the authority of the sangguniang panlalawigan or pursuant to law or 
ordinance;
(vii) Carry out such emergency measures as may be necessary during 
and in the aftermath of man-made and natural disasters and calamities;
(viii) Determine the time, manner, and place of payment of salaries or 
wages of the provincial officials and employees, in accordance with law 
or ordinances;
(ix) Allocate and assign office space to the provincial and other officials 
and employees who, by law or ordinance, are entitled to such space in 
the provincial capital and other buildings owned or leased by the 
provincial government;
(x) Ensure all executive officials and employees of the province to 
faithfully discharge their duties and functions as provided for by law and 
the Local Government Code of 1991, as amended, and cause to be 
instituted administrative or judicial proceedings against any official or 
employee of the province who may have committed an offense in the 
performance of official duties;


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(xi) Examine the books, records, and other documents of all offices, 
officials, agents, or employees of the province and, in aid of executive 
powers and authority, require all national officials and employees 
stationed in the province to make available such books, records, and 
other documents in their custody, except those classified by law as 
confidential;
(xii) Furnish copies of executive orders issued by the governor to the 
Office of the President within seventy-two (72) hours after their 
issuance;
(xiii) Visit municipalities and future component cities of the province at 
least once every six (6) months to deepen the governor's understanding 
of problems and conditions, listen and give appropriate counsel to local 
officials and inhabitants; inform the officials and inhabitants of future 
component cities and municipalities of general laws and ordinance which 
especially concern them, and otherwise conduct visits and inspections to 
ensure that the governance of the province will improve the quality of 
life of the inhabitants;
(xiv) Act on leave applications of officials and employees and the 
commutation of the monetary value of their leave credits in accordance 
with law'
(xv) Authorize official trips of provincial officials and employees outside 
of the province for a period not exceeding thirty (30) days;
(xvi) Call upon any national official or employee stationed in or assigned 
to the province to advise on matters affecting the province and to make 
recommendations thereon; coordinate with the official or employee in 
the formulation and implementation of plans, programs, and projects; 
and when appropriate, initiate an administrative or judicial action against


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a national government official or employee who may have committed an 
offense in the performance of official duties while stationed in or 
assigned to the province;
(xvii) Authorize payment for medical care, necessary transportation, 
subsistence, hospital, or medical fees of provincial officials and 
employees who are injured while in the performance of their official 
duties and functions, subject to the availability of funds;
(xviii) Represent the province in inter-provincial or regional sports 
councils or committees and coordinate the efforts of municipalities or 
future component cities in the regional or national palaro or sports 
development activities;
(xix) Conduct an annual palarong panlalawigan, which shall feature 
traditional sports and disciplines included in national and international 
games in coordination with the Department of Education (DepEd); and
(xx) Submit to the Office of the President the following reports: an 
annual report containing a summary of ail matters pertinent to the 
management, administration and development of the province and all 
information and data relative to its political, social and economic 
conditions; and supplemental reports when unexpected events and 
situations arise at any time during the year, particularly when man-made 
or natural disasters or calamities affect the general welfare of the 
province, the region or the country in general;
(2) Enforce all laws and ordinances relative to the governance of the province 
and the exercise of the appropriate corporate powers provided under Section 
22 of the Local Government Code of 1991, as amended; implement all approved 
policies, programs, projects, services and activities of the province; and, in 
addition to the foregoing shall:


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(i) Ensure that the acts of the future component cities and municipaiities 
of the province and of its officiais and empioyees are within the scope 
of their prescribed powers, duties and functions;
(ii) Caii conventions, conferences, seminars or meetings of eiective and 
appointive officiais of the province and its future component cities and 
municipalities, including national officials and employees stationed in or 
assigned to the province, at such time and place and on such subject as 
may be deemed important for the promotion of the general welfare of 
the province and its inhabitants;
(iii) Issue such executive orders for the faithful and appropriate 
enforcement and execution of laws and ordinances;
(iv) Be entitled to carry the necessary firearm within the territorial 
jurisdiction of the province;
(v) In coordination with the mayors of future 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, as amended, otherwise 
known as the "Department of the Interior and Local Government Code 
of 1990"; and
(vi) Call upon the appropriate national law enforcement agencies to 
suppress disorder, riot, lawless violence, rebellion or sedition or to 
apprehend violators of the law when public interest so requires and 
when the police forces of the future component city or municipality 
where the disorder or violation is happening are inadequate to cope with 
the situation or the violators;


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(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 under Section 18 of the Local Government Code of 
1991, as amended, particularly those resources and revenues programmed for 
agro-industrial development and countrywide growth and progress, relative 
thereto, shall:
(i) Require each head of an office or department to prepare and submit 
an estimate of appropriations for the ensuing calendar year, in 
accordance with the budget preparation process under Title V, Book II 
of the Local Government Code of 1991, as amended;
(ii) Prepare and submit to the sangguniang panlalawigan for approval 
the executive and supplemental budgets of the province for the ensuing 
calendar year in the manner provided under Title V, Book II of the Local 
Government Code of 1991, as amended;
(Hi) Ensure that all taxes and other revenues of the province are 
collected, and provincial funds are applied to the payment of expenses, 
and obligations of the province are settled, in accordance with law or 
ordinance;
(iv) Issue licenses and permits and suspend or revoke the same for any 
violation of the conditions upon which said licenses or permits had 
issued, pursuant to law or ordinance;
(v) Adopt adequate measures to safeguard and conserve land, mineral, 
marine, forest and other resources of the province, in coordination with 
the mayors of future component cities or municipalities;
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(vi) Provide efficient and effective property and supply management in 
the province; and safeguard the funds, accounts receivables, rights and 
other properties of the province; and
(vii) Institute or cause to be instituted administrative or judicial 
proceedings for violations of ordinances in the collection of taxes, fees 
or charges, and for the recovery of funds and property, and cause the 
province to be defended against all suits to ensure that its interests, 
resources and rights shall be adequately protected;
(4) Ensure the delivery of basic services and the provision of adequate facilities 
as provided under Section 17 of the Local Government Code of 1991, as 
amended and, in addition thereto, shall:
(i) Ensure that the construction and repair of roads and highways funded 
by the national government shall be, as far as practicable, carried out in 
a spatially contiguous manner and in coordination with the construction 
and repair of the roads and bridges of the province and of its future 
component cities and municipalities; and
(ii) Coordinate the implementation of technical services by national 
offices for the province and its future component cities and 
municipalities, including public works and infrastructure programs of the 
provincial government and its future component cities and 
municipalities; and
(5) Exercise such other powers and perform such other duties and functions as 
may be prescribed by law or ordinance.
The provincial governor shall receive a minimum monthly compensation as 
prescribed under Republic Act No. 6758, otherwise known as the "Compensation and
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Position Classification Act of 1989", as amended, and the implementing guidelines 
issued pursuant thereto.
Sec. 13. The Provincial Vice Governor. - (a) The provincial vice governor shall:
(1) Be the presiding officer of the sangguniang paniaiawigan and sign all 
warrants drawn on the provincial treasury for all expenditures appropriated for 
the operation of the sannguniang paniaiawigan;
(2) Subject to civil service law, rules and regulations, appoint all officials and 
employees of the sangguniang paniaiawigan, except those manner of 
appointment is specifically provided for under existing laws;
(3) Assume the office of the provincial governor for the unexpired term of the 
latter in the event of permanent vacancy as provided under Section 44, Book I 
of the Local Government Code of 1991, as amended;
(4) Exercise the powers and perform the duties and functions of the provincial 
governor in case of temporary vacancy as provided under Section 46, Book I 
of the Local Government Code of 1991, as amended; and
(5) Exercise such other powers and perform such other duties and functions as 
may be prescribed by law or ordinance.
(b) The provincial vice governor shall receive a monthly compensation as 
prescribed under the Compensation and Position Classification Act of 1989, as 
amended, and the implementing guidelines issued pursuant thereto.
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ARTICLE IV
THE SANGGUNIANG PANLALAWIGAN
Sec. 14. Composition. - (a) The sangguniangpaniaiawigan, the legislative body 
of the province, shall be composed of the provincial vice governor as the presiding 
officer, the regular sangguniang paniaiawigan members, the president of the 
provincial chapter of the iiga ng mga barangay, the president of the paniaiawigang 
pederasyon ng mga sangguniang kabataan, the president of the provincial federation 
of sanggunian members of municipalities and future component cities, and the 
sectoral representatives, as members.
(b) In addition thereto, there shall be three (3) sectoral representatives: one 
(1) from the women's sector; one (1) from the agricultural or industrial worker sector; 
and one (1) from other sectors, including the urban poor, indigenous cultural 
communities, or persons with disability.
(c) The regular members of the sangguniang paniaiawigan and the sectoral 
representatives shall be elected in the manner provided by law, and shall receive a 
monthly compensation as prescribed under the Compensation and Position 
Classification Act of 1989, as amended, and the implementing guidelines issued 
pursuant thereto.
Sec. 15. Powers, Duties, Functions and Compensation. - (a) The sangguniang 
paniaiawigan, as the legislative body of the province, shall enact ordinances, approve 
resolutions and appropriate funds for the general welfare of the province and its 
inhabitants pursuant to Section 16 of the Local Government Code of 1991, as 
amended, and in the proper exercise of the corporate powers of the province as 
provided under Section 22 of the Local Government Code of 1991, as amended, and 
shall:
(1) Approve all ordinances and pass resolutions necessary for an efficient and
effective provincial government and, in this connection, shall:
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(i) Review all ordinances approved by the sanggunians of future 
component cities and municipalities and executive orders issued by the 
mayors of said component units to determine whether these are within 
the scope of the prescribed powers of the sanggunian and of the mayor;
(ii) Maintain peace and order by enacting measures to prevent and 
suppress lawlessness, disorder, riot, violence, rebellion or sedition and 
impose penalties for the violation of said ordinances;
(iii) Approve ordinances imposing a fine not exceeding Five thousand 
pesos (P5,000.00) or an imprisonment not exceeding one (1) year, or 
both, at the discretion of the court, for the violation of a provincial 
ordinance;
(iv) Adopt measures to protect the inhabitants of the province from the 
harmful effects of man-made or natural disasters and calamities, and 
provide relief services and assistance to victims during and in the 
aftermath of said disasters and calamities, and to facilitate their return 
to productive livelihood following said events;
(v) Enact ordinances intended to prevent, suppress and impose 
appropriate penalties for habitual drunkenness in public places, 
vagrancy, mendicancy, prostitution, the establishment and maintenance 
of houses of ill repute, gambling and other prohibited games of chance, 
fraudulent devices and ways to obtain money or property, drug 
addiction, maintenance of drug dens, drug pushing, juvenile 
delinquency, the printing, distribution or exhibition of obscene or 
pornographic materials or publication, and such other activities inimical 
to the welfare and morals of the inhabitants of the province;
(vi) Protect the environment, and impose appropriate penalties for acts 
which endanger the environment, such as dynamite fishing and other
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forms of destructive fishing, illegal logging and smuggling of logs, 
smuggling of natural resources products and of endangered species of 
flora and fauna, slash-and-burn farming, irresponsible disposal of waste, 
and such other activities which result in pollution, acceleration of 
eutrophication of rivers and lakes, or of ecological imbalance;
(vii) Subject to the provisions of the Local Government Code of 1991, as 
amended, and other pertinent laws, determine the powers and duties of 
officials and employees of the province;
(viii) Determine the positions and salaries, wages, allowances and other 
emoluments and benefits of officials and employees paid wholly or 
mainly from provincial funds and provide for expenditures necessary for 
the proper conduct of programs, projects, services and activities of the 
provincial government;
(ix) Authorize the payment of compensation to a qualified person not in 
the government service who fills in a temporary vacancy or grant 
honorarium to any qualified official or employee designated to fill a 
temporary vacancy in a concurrent capacity at the rate authorized by 
law;
(x) Provide a mechanism and the appropriate funds therefor 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 birth, marriages, deaths, assessments, taxation, 
accounts, business permits, and such other records and documents of 
public interest in the offices and departments of the provincial 
government; and
(xi) When the finances of the provincial government allow, provide for 
additional allowances and other benefits to judges, prosecutors, public
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elementary and high school teachers, and other national government 
officials stationed or assigned to the province;
(2) Generate and maximize the use of resources and revenues for the 
development plans, programs, objectives and priorities of the province as 
provided under Section 18 of the Local Government Code of 1991, as amended, 
with particular attention to agro-industrial development and countrywide 
growth and progress and, relative thereto, shall;
(i) Enact the annual and supplemental appropriations of the provincial 
government and appropriate funds for specific programs, projects, 
services and activities of the province, or for other purposes not contrary 
to law, in order to promote the general welfare of the province and its 
inhabitants;
(ii) Subject to the provisions of Book II of the Local Government Code 
of 1991, as amended, applicable laws and, upon the majority vote of all 
the members of the sangguniangpanlalawigan, enact ordinance levying 
taxes, fees and charges, prescribing the rates thereof for general and 
specific purposes and granting tax exemptions, incentives or reliefs;
(iii) Subject to the provisions of Book II of the Local Government Code 
of 1991, as amended, applicable laws and, upon the majority vote of all 
the members of the sangguniang panlalawigan, authorize the provincial 
governor to negotiate and contract loans and other forms of 
indebtedness;
(iv) Subject to the provisions of Book II of the Local Government Code 
of 1991, as amended, applicable laws and, upon the majority vote of all 
the members of the sangguninang panlalawigan, enact ordinances 
authorizing the floating of bonds or other instruments of indebtedness, 
for the purpose of raising funds to finance development projects;
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(v) Appropriate funds for the construction and maintenance or the rental 
of buildings for the use of the province and, upon the majority vote of 
all the members of the sangguniang panlalawigan, authorize the 
provincial governor to lease to private parties such public buildings held 
in a proprietary capacity, subject to existing laws, rules and regulations;
(vi) Prescribe reasonable limits and restraints on the use of property 
within the jurisdiction of the province;
(vii) Review the comprehensive land use plans and zoning ordinances of 
future component cities and municipalities and adopt a comprehensive 
provincial land use plan, subject to existing laws; and
(viii) Adopt measures to enhance the full implementation of the national 
agrarian reform program in coordination with the Department of 
Agrarian Reform (DAR);
(3) Subject to the provision of Book II of the Local Government Code of 1991, 
as amended, grant franchises, approve the issuance of permits or licenses, or 
enact ordinance 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 its legislative authority, shall:
(i) Fix and impose reasonable fees and charges for all services rendered 
by the provincial government to private persons or entities; and
(ii) Regulate and fix the license fees for such activities as provided for 
under the Local Government Code of 1991, as amended;
(4) Approve ordinances which shall ensure the efficient and effective delivery 
of the basic services and facilities as provided under Section 17 of the Local
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Government Code of 1991, as amended, and in addition to said services and 
facilities, shall:
(i) Adopt measures and safeguards against pollution and for the 
preservation of the natural ecosystem in the province, including the 
proper collection and disposal of waste, in consonance with approved 
standards on human settlements and environmental sanitation;
(ii) Subject to applicable laws, facilitate or provide for the establishment 
and maintenance of a waterworks system or district waterworks for 
supplying water to inhabitants of future component cities and 
municipalities;
(iii) Subject to the availability of funds and to existing laws, rules and 
regulations, provide for the establishment and operation of vocational 
and technical schools and similar post-secondary institutions and, with 
the approval of the DepEd and subject to existing laws on tuition fees, 
fix reasonable tuition fees and other school charges in educational 
institutions supported by the provincial government;
(iv) Establish a scholarship fund for the poor but deserving students in 
schools located within its jurisdiction or of students residing within the 
province;
(v) Approve measures and adopt quarantine regulations to prevent the 
introduction and spread of diseases within its territorial jurisdiction;
(vi) Provide for the care of paupers, the aged, the sick, persons of 
unsound mind, abandoned minors, abused children, disabled persons, 
juvenile delinquents, drug dependents, and other needy and 
disadvantaged persons, particularly children and youth below eighteen 
(18) years of age; subject to the availability of funds, establish and
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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;
(vii) Establish and provide for the maintenance and improvement of jails 
and detention centers, institute a sound jail management program and 
appropriate funds for the subsistence of detainees and convicted 
prisoners in the province;
(viii) Establish a provincial council whose purpose is the promotion of 
culture and the arts, coordinate with government agencies and 
nongovernmental organizations and, subject to the availability of funds, 
appropriate funds for the support and development of the same; and
(ix) Establish a provincial council for the elderly which shall formulate 
policies and adopt measures mutually beneficial to the elderly and to the 
province, subject to the availability of funds, appropriate funds to 
support programs and projects for the elderly; and provide incentives 
for nongovernmental agencies and entities that shall implement 
programs and projects for the elderly; and
(5) Exercise such other powers and perform such other duties and functions as 
provided for under the Local Government Code of 1991, as amended, and as 
may be prescribed by law or ordinance.
ARTICLE V
PROCESS OF LEGISLATION
Sec. 16. Internal Rules of Procedure, - (a) On the first regular session following 
the election of its members and within ninety (90) days thereafter, the sanggunlang 
panlalawigan shall adopt or update its existing rules of procedure.
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(b) The rules of procedure shall provide 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 may 
not be limited to appropriations, women and family, human rights, youth 
and sports development, environmental protection, peace and order, 
and cooperatives; the general jurisdiction of each committee; and the 
election of the chairman and members of each committee;
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of members 
during sessions;
(5) The discipline of members on account of disorderly behavior and 
absences without justifiable cause for four (4) consecutive sessions for 
which they may be censured, reprimanded or excluded from the session, 
or suspended for not more than sixty (60) days, or expelled: Provided, 
That the penalty of suspension or expulsion shall require the 
concurrence of at least two-thirds (2/3) of all the sanggunian members: 
Provided, further. That a member convicted by final judgment to 
imprisonment of at least one (1) year for any crime involving moral 
turpitude shall be automatically expelled from the sanggunian; and
(6) Such other rules of the sanggunian may adopt.
Sec. 17. Fuii Disciosure of Financiai and Business Interests of Sangguniang 
Paniaiawigan Members. - (a) Every sangguniang paniaiawigan member shall, upon 
assumption to office, make a full disclosure of business and financial interests. The 
member shall also disclose any business, financial, professional relationship or any
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relation by affinity or consanguinity within the fourth civil degree, with any person, 
firm or entity affected by any ordinance or resolution under consideration by the 
sanggunian of which one is a member, which relationship may result in conflict of 
interest. Such relationship shall include:
(1) Ownership of stocks or capital, or investment in the entity or firm to which 
the ordinance or resolution may apply; and
(2) Contracts or agreement with any person or entity which 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 a situation where it may be 
reasonably deduced that a member of a sangguniang panlalawigan may not be able 
to act in the public interest due to some private, pecuniary or other personal 
considerations that tend to affect the member's judgment to the prejudice of the 
service of the public.
(b) The above 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 
membership of the sanggunian member. The disclosure shall, in all cases, form part 
of the record of the proceedings of the meetings 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 or third 
readings; and
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(2) Disclosure shall be made when a member takes a position or makes a
privilege speech on a matter that may affect the business interest, financial
connection or professional relationship described herein.
Sec. 18. 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 demands, special sessions may be called by the 
provincial governor or by a majority of the members of the sanggunian.
(c) All sanggunian sessions shall be open to the public unless a closed-door 
session is ordered by an affirmative vote of a majority of the members present, there 
being a quorum, in the public interest or for reasons of security, decency or morality. 
No two (2) sessions, regular or special, may be held in a single day.
(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.
Sec. 19. 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
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immediately proceed to call the roll of the members and thereafter announce the 
results.
(b) Whether there in no quorum, the presiding officer may declare a recess 
until such time a quorum is constituted, or a majority of the members present may 
adjourn from day to day and may compel the immediate attendance of any member 
absent without justifiable cause by designating a member of the sanggunian, to be 
assisted by a member or members of the police force assigned in the territorial 
jurisdiction of the province, to arrest the absent member and present the same at the 
session.
(c) If there is still no quorum despite the enforcement of the immediately 
preceding subsection, no business shall be transacted. The presiding officer, upon 
proper motion duly approved by the members present, shall then declare the session 
adjourned for lack of quorum.
Sec. 20. Approval of Ordinances. - (a) Every ordinance enacted by the 
sangguniang panlalawigan shall be presented to the provincial governor. The 
provincial governor shall sign each and every page of the ordinance to signify approval 
of the same; otherwise, the provincial governor shall veto it and return the same, 
stating therein the reasons for such objection. Thereafter, the sanggunian may 
override the veto of the provincial governor by two-thirds (2/3) vote of all its members, 
thereby making the ordinance or resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the provincial governors to the 
sangguniang panlalawigan within fifteen (15) days from receipt of the ordinance; 
otherwise, the ordinance shall be deemed approved as if the provincial governor had 
signed it.
Sec. 21. Veto Power of the Provincial Governor. - (a) The provincial governor 
may veto any ordinance of the sangguniang panlalawigan on the ground that it is
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prejudicial to the public welfare, and return the same, stating therein the reasons for 
the disapproval.
(b) The provincial governor shall have the power to veto particular item or items 
of an appropriation ordinance, an ordinance or resolution adopting a local 
development plan and public investment program or an ordinance directing the 
payment of money or creating liability. In such case, the veto shall not affect the item 
or items which are not objected to. The vetoed item or items shall not take effect 
unless the sangguniang panlalawigan overrides the veto in the manner herein 
provided; otherwise, the item or items in the appropriations ordinance of the previous 
year corresponding to those vetoed, if any, shall be deemed reenacted.
(c) The provincial governor may veto an ordinance or resolution only once. The 
sanggunian override the veto of the provincial governor by two-thirds (2/3) vote of all 
its members, thereby making the ordinance effective even without the approval of the 
provincial governor.
ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS
Sec. 22. Permanent Vacancy in the Office of the Provincial Governor. - (a) If a 
permanent vacancy occurs in the office of the provincial governor, the provincial vice 
governor shall become the provincial governor or, in case of permanent inability, the 
highest ranking sanggunian member shall become the provincial governor. If a 
permanent vacancy occurs in the office of the provincial vice governor, the highest 
ranking sangguniang panlalawigan member shall become the provincial vice governor 
or, in case of permanent inability, the highest ranking sangguniang panlalawigan 
member shall become the provincial vice governor. Subsequent vacancies shall be 
filled automatically by the sanggunian members according to their ranking as defined 
herein:
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(1) For purpose of this Act, a permanent vacancy arises when an elective official 
fills a higher vacant office, refuses to assume office, fails to qualify, dies, is 
removed from the office, voluntarily resigns or otherwise permanently 
incapacitated to discharge the functions of the office;
(2) A tie between or among the highest ranking sangguniang panlalawigan 
members shall be resolved by drawing of lots;
(3) The successors as defined herein shall serve only the unexpired terms of 
the predecessors; and
(4) For purposes of succession as provided for in this Act, ranking in the 
sangguniang panlalawigan shall be determined on the basis of the proportion 
of votes obtained by each winning candidate to the total number of registered 
voters in the province in the immediately preceding local elections.
Sec. 23. Permanent Vacancies in the Sangguniang Panlalawigan. - (a) 
Permanent vacancies in the sangguniang panlalawigan where automatic succession 
as provided for in this Act does not apply shall be filed by appointment by the 
President, through the Executive Secretary.
(b) Only the nominee of the political party under which the sanggunian member 
concerned had been elected and whose elevation to the position next higher in rank 
created the last vacancy in the sanggunian shall be appointed in the manner herein 
provided. The appointee shall come from the same political party as that of the 
sanggunian member who caused the vacancy and shall serve the unexpired term of 
the vacant office.
In the appointment herein mentioned, a nomination and a certificate of 
membership of the appointee from the highest official of the political party concerned 
are conditions sine qua non, and any appointment without such nomination and
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certification shall be null and void ab initio and shall be a ground for administrative 
action against the official responsible therefor.
(c) In case the permanent vacancy is caused by a sanggunian member who 
does not belong to any political party, the provincial governor shall, upon 
recommendation of the sangguniangpaniaiawigan, appoint a qualified person to fill in 
the vacancy.
(d) In case of vacancy in the representation of the sangguniang kabataan, the 
sangguniang barangay and the provincial league of councilors in the sangguniang 
paniaiawigan, said vacancy shall be filled in automatically by the next-in-rank official 
of the organization concerned.
Sec. 24. Temporary Vacancy in the Office of the Provinciai Governor. - (a) When 
the provincial governor is temporarily incapacitated to perform the duties for physical 
or legal reasons such as leave of absence, travel abroad and suspension from office, 
the provincial vice governor shall automatically exercise the powers and perform the 
duties and functions of the provincial governor, except the power to appoint, suspend 
or dismiss employees which can onit be exercised if the period of temporary incapacity 
exceeds thirty (30) working days.
(b) Said temporary incapacity shall terminate upon submission to the 
sangguniang paniaiawigan of a written declaration by the provincial governor of 
having reported back to office. In case where the temporary incapacity is due to legal 
cause, the provincial governor shall also submit the necessary documents showing 
that the legal cause no longer exists.
(c) When the provincial governor is traveling within the country but outside the 
territorial jurisdiction for a period not exceeding three (3) consecutive days, the same 
may designate in writing the officer-in-charge of the office. Such authorization shall 
specify the powers and functions that the local officials concerned shall exercise in the
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absence of the provincial governor, except the power to appoint, suspend or dismiss 
employees.
(d) In the event, however, that the provincial governor fails or refuses to issue 
such authorization, the provincial vice governor shall have the right to assume the 
powers, duties and functions of the said office on the fourth (4th) day of absence of 
the provincial governor, subject to the limitations provided for in subsection (c) hereof.
(e) Except as provided for in subsection (c) hereof, the provincial governor 
shall, in no case, authorize any local officials to assume the powers, duties and 
functions of the office other than the provincial vice governor.
ARTICLE VII
APPOINTIVE PROVINCIAL OFFICIALS:
THEIR QUALIFICATIONS, POWERS AND DUTIES
Sec. 25. The Secretary to the Sangguniang Panlalawigan. - (a) There shall be 
a secretary to the sangguniang panlalawigan who shall be a career official with the 
rank and salary equal to a head of a department or office.
(b) The secretary to the sanggunian must be a citizen of the Philippines, a 
resident of the province, of good moral character, a holder of a college degree 
preferably in law, commerce or public administration from a recognized college or 
university, and a first grade civil service eligible or its equivalent.
The appointment of the secretary to the sanggunian is mandatory.
(c) The secretary to the sanggunian shall take charge of the office of the 
sangguniang panlalawigan, and pursuant thereto, perform the following:
(1) Attend meetings of the sanggunian and keep a journal of its proceedings;
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(2) Keep the seal of the province and affix the same on all ordinances, 
resolutions and other official papers of the sanggunian, duly signing them 
before presenting the same to the presiding officer for the latter's signature;
(3) Forward to the provincial governor, for approval, copies of ordinances 
enacted by the sanggunian and duly certified by the presiding officer, in the 
manner provided under Section 54 of the Local Government Code of 1991, as 
amended;
(4) Forward to the sangguniang bayan ox sangguniangpanlungsod, as the case 
may be, copies of duly approved ordinances in the manner provided under 
Sections 56 and 57 of the Local Government Code of 1991, as amended;
(5) Furnish, upon the request of any interested party, certified copies of records 
of public character in the secretary's 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 the office and all nonconfidential records therein open to the public 
during usual business hours;
(8) Translate into the dialect used by the majority of the inhabitants, all 
ordinances and resolutions immediately after their approval, and cause the 
publication of the same together with the original version in the manner 
provided under the Local Government Code of 1991, as amended;
(9) Take custody of the local archives and, where applicable, the local archives 
and, where applicable, the local library and annually account for the same; and
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(10) Exercise such powers and perform other duties and functions as may be 
prescribed by law or ordinance relative to his or her position.
Sec. 26. The Provincial Treasurer. - (a) The provincial treasurer shall be 
appointed by the Secretary of Finance from a list of at least three (3) ranking eligible 
recommendees of the provincial governor, subject to civil service law, rules and 
regulations.
The appointment of the provincial treasurer is mandatory.
(b) The provincial treasurer must be a citizen of the Philippines, a resident of 
the province, of good moral character, a holder of a college degree preferably in 
commerce, public administration or law from a recognized college or university, a first 
grade civil service eligible or its equivalent and must have acquired at least five (5) 
years experience in treasury or accounting service.
(c) The provincial treasurer shall be under the administrative supervision of the 
provincial governor and shall regularly report to the provincial governor on the tax 
collection efforts in the province.
(d) The provincial treasurer shall take charge of the treasury office, and perform 
the duties as provided under Book II of the Local Government Code of 1991, as 
amended, and shall;
(1) Advise the provincial governor or the sanggunian, as the case may be. and 
other local government and national officials concerned regarding disposition 
of local government funds and on such other matters relative to public finance;
(2) Take custody of and exercise proper management of the funds of the local 
government unit concerned;
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(3) Take charge of the disbursement of all local government funds and such 
other funds, the custody of which may be entrusted to by law or other 
competent authority;
(4) Inspect private commercial and industrial establishments within the 
jurisdiction of the province in relation to the implementation of tax ordinances, 
pursuant to the provisions under Book II of the Local Government Code of 
1991, as amended;
(5) Maintain and update the tax information system of the local government 
unit;
(6) Exercise technical supervision over all treasury offices of component cities 
and municipalities; and
(7) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 27. The Provincial Assessor, -(a) The provincial assessor must be 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, a duly registered and licensed 
real estate service practitioner as provided under Section 30 of Republic Act No. 9646, 
otherwise known as the "Real Estate Service Act of the Philippines", a first grade civil 
service eligible or its equivalent and must have acquired at least five (5) years of 
experience in real property assessment work or in any related field.
The appointment of the provincial assessor is mandatory.
(b) The provincial assessor shall take charge of the assessor's office and 
perform the duties provided under Book II of the Local Government Code of 1991, as 
amended, and shall:
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(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 for the different classes of real 
properties in accordance with Title II, Book II of the Local Government Code of 
1991, as amended;
(9) Issue, upon request of any interested party, certified copies of assessment 
records of real properties and all other records relative to its assessment, upon 
payment of a service charge or fee to the provincial treasurer;
(10) Submit every semester a report of all assessments, as well as cancellations 
and modifications of assessments to the provincial governor and the 
sangguniang panlalawigan;
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(11) Exercise technical supervision and visitorial functions over all component 
city and municipal assessors, coordinate with component city or municipal 
assessors in the conduct of tax mapping operations and all other assessment 
activities, and provide all forms of assistance therefor: Provided, however. That, 
upon full provision by the component city or municipality concerned to its 
assessor's office of the minimum personnel, equipment and funding 
requirements as may be prescribed by the Secretary of Finance, such functions 
shall be delegated to the said city or municipal assessor; and
(12) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 28. The Provincial Accountant. - (a) The provincial accountant must be a 
citizen of the Philippines, a resident of the province, of good moral character, a 
certified public accountant and must have acquired at least five (5) years experience 
in the treasury or accounting service.
The appointment of a provincial accountant is mandatory.
(b) The provincial accountant shall take charge of both the accounting and 
internal audit services of the province, and shall:
(1) Install and maintain an internal audit system in the province;
(2) Prepare and submit financial statements to the provincial governor and to 
the sangguniang panlalawigan;
(3) Apprise the sangguniamu^ other local government officials on the financial 
condition and operations of the provincial government;
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(4) Certify to the availability of budgetary allotment from which expenditures 
and obligations may be properly charged;
(5) Review supporting documents before the preparation of vouchers to 
determine completeness of requirements;
(6) Prepare statements of cash advances, liquidations, salaries, allowances, 
reimbursements and remittances pertaining to the provincial government;
(7) Prepare statements of journal vouchers and liquidations of the same and 
other adjustments related thereto;
(8) Post individual disbursements to subsidiary ledgers and index cards;
(9) Maintain individual ledgers for officials and employees of the provincial 
government pertaining to payrolls and deductions;
(10) Record and post in index cards details of purchased furniture, fixtures and 
equipment, including disposal thereof, if any;
(11) Account for all issued requests for obligations and maintain and keep all 
records and reports related thereto;
(12) Prepare journals and the analysis of obligations and maintain and keep all 
records and reports related thereto; and
(13) Exercise such other powers and perform other duties and functions as may 
be provided by law or ordinance.
Sec. 29. The Provincial Budget Officer. - (a) The provincial budget officer must 
be a citizen of the Philippines, a resident of the province, of good moral character, a 
holder of a college degree preferably in accounting, economics, public administration
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or any related course from a recognized college or university, a first grade civil service 
eligible or its equivalent and must have acquired at least five (5) years experience in 
government budgeting or in any related field.
The appointment of the provincial budget officer is mandatory.
(b) The provincial budget officer shall take charge of the budget office, and 
pursuant thereto, perform the following:
(1) Prepare forms, orders and circulars embodying instructions on budgetary 
and appropriation matters for the signature of the provincial governor;
(2) Review and consolidate the budget proposals of different departments and 
offices of the province;
(3) Assist the provincial governor in the preparation of the budget and during 
the budget hearings;
(4) Study and evaluate budgetary implications of proposed legislation and 
submit comments and recommendations thereon;
(5) Submit periodic budgetary reports to the Department of Budget and 
Management (DBM);
(6) Coordinate with the provincial treasurer, the provincial accountant and the 
provincial planning and development coordinator for the purpose of budgeting;
(7) Assist the sangguniang panlalawigan in reviewing the approved budgets of 
the component cities and municipalities;
(8) Coordinate with the provincial planning and development coordinator in the 
formulation of the provincial development plan; and
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(9) Exercise such powers and perform other duties and functions as may be 
prescribed by law or ordinance.
(c) The appropriations for personal services of the provincial budget officer 
provided under the DBM shall, upon the effectivity of this Charter, be transferred to 
the new province. Thereafter, the appropriations for personal services of the budget 
officer shall be provided in full in the budget of the local government unit.
Sec. 30. The Provincial Planning and Development Coordinator.- (a) The 
provincial planning and development coordinator must be a citizen of the Philippines, 
a resident of the province, of good moral character, a holder of a degree preferably in 
urban planning, development studies, economics, public administration, or any related 
course from a recognized college or university, a duly registered and licensed 
environmental planner, as provided under Section 34 of Republic Act No. 10587, or 
the "Environmental Planning Act of 2013," a first grade civil service eligible or its 
equivalent, and must have acquired at least five (5) years experience in development 
planning or in any related field.
The appointment of a provincial planning and development coordinator is 
mandatory.
(b) The provincial planning and development coordinator shall take charge of 
the planning and development office, and pursuant thereto, perform the following:
(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;
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(3) Integrate and coordinate all sectoral plans and studies undertaken by the 
different functional groups and agencies;
(4) Monitor and evaluate the implementation of the different development 
programs, projects and activities in the province in accordance with the 
approved development plan;
(5) Prepare comprehensive plans and other development planning documents 
for the consideration of the provincial development council;
(6) Analyze the income and expenditure patterns, and formulate and 
recommend fiscal plans and policies for the consideration of the finance 
committee of the province as provided under Title V, Book II of the Local 
Government Code of 1991, as amended;
(7) Promote people's participation in development planning within the province;
(8) Exercise supervision and control over the secretariat of the provincial 
development council; and
(9) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 31. The Provincial Engineer. - (a) The provincial engineer must be a citizen 
of the Philippines, a resident of the province, of good moral character, a licensed civil 
engineer and must have acquired at least five (5) years experience in the practice of 
the civil engineering profession.
The appointment of the provincial engineer is mandatory.
(b) The provincial engineer shall take charge of the engineering office, and 
pursuant thereto, perform the following:
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(1) Initiate, review and recommend changes in policies and objectives, plans 
and programs, techniques, procedures and practices in infrastructure 
development and public works in general, of the province;
(2) Advise the provinciai 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 pubiic works projects of the province;
(4) Provide engineering services to the province, including investigations and 
surveys, engineering designs, feasibiiity studies and project management;
(5) Exercise technicai supervision over all engineering offices of the component 
cities and municipalities; and
(6) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 32. The Provincial Health Officer. - (a) The provinciai heaith officer must 
be a citizen of the Philippines, a resident of the province, of good morai character, a 
licensed medicai practitioner and must have acquired at ieast five (5) years experience 
in the practice of the medical profession.
The appointment of a provincial health officer is mandatory,
(b) The provinciai heaith officer shaii perform the following duties and 
functions:
(1) Formuiate and implement policies, plans, programs and projects to promote 
the health of the people of the province;
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(2) Advise the provincial governor and the sanggunianow matters pertaining to 
health;
(3) Execute and enforce all laws, ordinances and regulations relating to public 
health;
(4) Recommend to the sanggunian, through the provincial health board, the 
passage of such ordinances as he or she may deem necessary for the 
preservation of public health;
(5) Recommend the prosecution of any violation of sanitary laws, ordinances 
and regulations;
(6) Direct the sanitary inspection of all business establishments selling food 
items or providing accommodations, such as hotels, motels, lodging houses, 
pension houses and the like, in accordance with the Sanitation Code of the 
Philippines;
(7) Conduct health information campaigns and render health intelligence 
services;
(8) Coordinate with other government agencies and nongovernmental 
organizations involved in the promotion and delivery of health services;
(9) Exercise general supervision over health offices of the component cities and 
municipalities;
(10) Be in the frontline of the delivery of health services, particularly during and 
in the aftermath of man-made and natural disasters or calamities;
(11) The provindai health officer shali take charge of the office on health 
services, and shall:
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(i) Supervise the personnel and staff of the said office, formulate 
program implementation guidelines and rules and regulations for the 
operation of the said office for the approval of the provincial governor in 
order to assist the latter in the efficient, effective and economical 
implementation of health services and programs geared to the 
implementation of health-related projects and activities;
(ii) Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial governor in 
carrying out the activities of adequate facilities relative to health services 
as provided under Section 17 of the Local Government Code of 1991, as 
amended; and
(iii) Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which have 
to do with health programs and projects which the provincial governor 
is empowered to implement and which the sanggunian is empowered to 
provide under the Local Government Code of 1991, as amended; and
(12) Exercise such other powers and perform other duties and functions as may
be prescribed by law or ordinance.
Sec. 33. The Provincial Administrator. - (a) The provincial administrator must 
be 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 coilege or university, a first grade civil service eligibie or its 
equivalent and must have acquired at least five (50 years experience in management 
and administration work.
The term of the provindai administrator is coterminous with that of the 
appointing authority.
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The appointment of the provincial administrator is mandatory.
(b) The provincial administrator shall charge of the office of the administrator, 
and pursuant thereto, perform the following:
(1) Develop plans and strategic and, upon approval thereof by the provincial 
governor, implement the same, particularly those which have to do with the 
management and administration-related programs and projects which the 
provincial governor is empowered to implement and which the sanggunian is 
empowered to provide under the Local Government Code of 1991, as amended;
(2) Assist in the coordination of work of all officials of the province under the 
supervision, direction and control of the provincial governor and, for this 
purpose, may convene the chiefs of offices and other officials of the province;
(3) Establish and maintain a sound personnel program for the province 
designed to promote career development and uphold the merit systems in the 
province;
(4) Conduct a continuing organizational development of the province with the 
end in view of instituting effective administrative reforms;
(5) 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;
(6) Recommend to the sanggunian and advise the provincial governor on all 
other matters relative to the management and administration of the province; 
and
(7) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
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Sec. 34. The Provincial Legal Officer. - (a) The provincial legal officer must be 
a citizen of the Philippines, a resident of the province, of good moral character, a 
member of the Philippine Bar and must have practiced for at least five (5) years the 
law profession.
The term of the provincial legal officer shall be coterminous with that of the 
appointing authority.
The appointment of the provincial legal officer is mandatory.
(b) The provincial legal officer, as the chief legal counsel of the province, shall 
take charge of the office of the legal services, and pursuant thereto, perform the 
following:
(1) Formulate measures for the consideration of the sanggunian and provide 
legal assistance and support to the provincial governor in carrying out the 
delivery of basic services and the provision of adequate facilities as provided 
under Section 17 of the Local Government Code of 1991, as amended;
(2) Develop plans and strategies and, upon approval thereof by the provincial 
governor, implement the same, particularly those which have to do with the 
programs and projects related to legal services which the provincial governor 
is empowered to implement and which the sanggunian is empowered to provide 
under the Local Government Code of 1991, as amended;
(3) Represent the province in all civil actions and special proceedings wherein 
the province or any official thereof, in their 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;
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(4) When required by the provincial governor or the sanggunian, draft 
ordinances, contracts, bonds, leases and other instruments, involving any 
interest of the province and provide comments and recommendations on any 
instrument aiready drawn;
(5) Render an opinion in writing on any question of law when requested to do 
so by the provincial governor or the sanggunian;
(6) Investigate or cause to be investigate any provindai official or employee for 
administrative negiect or misconduct in office and recommend appropriate 
action to the provinciai governor or the sangguniang panlalawigan;
(7) Investigate or cause to be investigated any person, firm, or corporation 
hoiding any franchise or exercising any public priviiege for faiiure to comply 
with any term or condition in the grant of such franchise or privilege, and 
recommend appropriate action to the provincial governor or the sanggunian)
(8) When directed by the provinciai governor or the sanggunian, initiate and 
prosecute, in the interest of the province, any civii action on any bond, lease 
or other contract upon any breach or violation thereof;
(9) Review and submit recommendations on ordinances approved and 
executive orders issued by the component cities and municipalities;
(10) Recommend measures to the sangguniang paniaiawigan and advise the 
provinciai governor on ail other matters related to upholding the ruie of law;
(11) Be in the frontline of protecting human rights and prosecuting any 
vioiation, thereof, particularly those which occur during and in the aftermath of 
man-made or natural disasters and calamities; and
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(12) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 35. The Provincial Agriculturist - (a) The provincial agriculturist must be a 
citizen of the Philippines, a resident of the province, of good moral character, a holder 
of a college degree in agriculture or in any related course from a recognized college 
or university, a first grade civil service eligible or its equivalent and must have practiced
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for at least five (5) years the agriculturist profession or acquired experience in the
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related field.
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The appointment of the provincial agriculturist is mandatory.
(b) The provincial agriculturist shall:
(1) Take charge of the office of agricultural services, and pursuant thereto, 
perform the following:
(i) Formulate measures for the approval of the sanggunian and provide 
technical assistance and support to the provincial governor in carrying 
out said measures to ensure the delivery of basic services and the 
provision of adequate facilities relative to agricultural services as 
provided under Section 17 of the Local Government Code of 1991, as 
amended;
(ii) Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which have 
to do with agricultural programs and projects which the provincial 
governor is empowered to implement and which the sanggunian is 
empowered to provide under the Local Government Code of 1991, as 
amended;
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(2) 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;
(3) Conduct or cause to be conducted location-specific agricultural researches 
and assist in making available the appropriate technology arising out of and 
disseminating information on basic research on crops, preventive control of 
plant diseases and pests, and other agricultural matters which will maximize 
productivity;
(4) Assist the provincial governor in the establishment and extension services 
of demonstration farms on aquaculture and marine products;
(5) Enforce rules and regulations relating to agriculture and aquaculture;
(6) Coordinate with government agencies and nongovernmental organizations 
which promote agricultural productivity through appropriate technology 
compatible with environmental integrity;
(7) 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 and natural disasters or calamities;
(8) Recommend to the sanggunian and advise the provincial governor on all 
matters related to agriculture and aquaculture which will improve the iivelihood 
and living conditions of the inhabitants; and
(9) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 36. The Provincial Social Welfare and Development Officer. - (a) The 
provincial social welfare and development officer must a citizen of the Philippines, a
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resident of the province, of good morai character, a duiy licensed sociai worker, or a 
hoider of a coiiege degree preferabiy in socioiogy or in any reiated course from a 
recognized coiiege or university, a first-grade civil service eligibie or its equivalent and 
must have acquired experience for at ieast five (5) years in the practice of social work.
The appointment of a provinciai social welfare and development officer is 
mandatory.
(b) The provinciai social welfare and development officer take charge of the 
office for sociai welfare and development services, and shall perform the following 
functions:
(1) Formulate measures for the approval of the sanggunian and provide 
technical assistance and support to the provinciai governor in carrying out 
measures to ensure the deiivery of basic services and the provision of adequate 
facilities relative to social welfare and development services as provided under 
Section 17 of the Locai Government Code of 1991, as amended;
(2) Develop plan and strategies and, upon approval thereof by the provincial 
governor, implement the same, particularly those which have to do with the 
sociai weifare programs and projects which the provincial governor is 
empowered to implement and which the sanggunian is empowered to provide 
under the Local Government Code of 1991, as amended;
(3) Identify the basic needs of the needy, the disadvantaged and the 
impoverished and develop and implement appropriate measures to alleviate 
their probiems and improve their iiving conditions;
(4) Provide relief and appropriate crisis intervention for victims of abuse and 
exploitation and recommend appropriate measures to defer further abuse and 
exploitation;
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(5) Assist the provincial governor in implementing the barangay level program 
for the total development and protection of children up to six (6) years of age;
(6) Facilitate the implementation of welfare programs for the disabled, the 
elderly and victims of drug addiction of juvenile delinquency and such other 
activities which would eliminate or minimize the ill effects of poverty;
(7) Initiate and support welfare programs that will enhance the role of the 
youth in nation-building;
(8) Coordinate with government agencies and nongovernmental organizations 
which have for the purpose the promotion and protection of all the needy, 
disadvantaged, underprivileged or impoverished groups or individuals, 
particularly those identified to be vulnerable and high-risk to exploitation, abuse 
and neglect;
(9) Be in the frontline of service delivery, particularly those which have to do 
with the immediate relief and assistance during and in the aftermath of man­
made and natural disasters or calamities;
(10) Recommend to the sanggunian and advise the provincial governor on all 
other matters related to social welfare and development service which will 
improve the livelihood and living conditions of the inhabitants; and
(11) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 37. The Provincial Veterinarian. - (a) The provincial veterinarian must be 
a citizen of the Philippines, a resident of the province, of good moral character, a 
licensed doctor of veterinary medicine and must have practiced for at least three (3) 
years in the veterinary profession.
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The appointment of a provincial veterinarian is mandatory.
(b) The provincial veterinarian shall perform the following duties and functions:
(1) Take charge of the office of the veterinary services, and pursuant thereto,
(2) Formulate measures for the consideration of the sanggunian and provide 
technical assistance and support to the provincial governor in carrying out 
measures to ensure the delivery of basic services and the provision of adequate 
facilities pursuant to Section 17 of the Local Government Code of 1991, as 
amended;
(3) Develop plans and strategies and, upon approval thereof by the provincial 
governor, implement the same, particularly those which have to do with 
veterinary-related activities which the provincial governor is empowered to 
implement and which the sanggunian is empowered to provide under the Local 
Government Code of 1991, as amended;
(4) Advise the provincial governor on all matters pertaining to the slaughter of 
animals for human consumption and the regulation of slaughterhouses;
(5) Regulate the keeping of domestic animals;
(6) Regulate and inspect poultry, milk and dairy products for public 
consumption;
(7) Enforce all laws and regulations for the prevention of cruelty to animals;
(8) Take the necessary measures to eradicate, prevent or cure all forms of 
animal diseases;
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(9) Be in the frontline of veterinary-related activities, such as the outbreak of 
highly contagious and deadiy diseases and in situations resulting in the 
depletion of animals for work and for human consumption particularly those 
arising from and in the aftermath of man-made and natural disasters or 
calamities;
(10) Recommend to the sanggunian and advise the provincial governor on all 
other matters relative to veterinary service which will increase the number and 
improve the quality of livestock, poultry and other domestic animals used for 
work or for human consumption; and
(11) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 38. The Provincial Genera! Services Officer. - (a) The provincial general 
services officer must be 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, a first grade 
civil service eligible or its equivalent and must have acquired at least five (5) years 
experience in general services, including the management of supply, property, solid 
waste disposal and general sanitation.
The appointment of a provincial general services officer is mandatory.
(b) The provincial general services officer shall perform the following duties and 
functions:
(1) Take charge of the office of general services, and pursuant thereto, perform 
the following:
(i) Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial governor in
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carrying out measures to ensure the delivery of basic services and the 
provision of adequate facilities pursuant to Section 17 of the Local 
Government Code of 1991, as amended, and which require general 
services expertise and technicai support services; and
(ii) Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which have 
to do with the generai services supportive to the weifare of the 
inhabitants which the provinciai governor is empowered to implement 
and which the sanggunian is empowered to provide under the Local 
Government Code of 1991, as amended;
(2) 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 the counterpart of joint projects;
(3) With the approval of the provincial governor, assign buiiding or land space 
to provincial officials or other public officials who, by law, are entitled to such 
space;
(4) Recommend to the provincial governor, the reasonable rental rates for local 
government properties, whether real or personal, which wili be leased to public 
or private entities by the provincial government;
(5) Recommend to the provincial governor, the reasonable rental rates of 
private properties which may be leased for the official use of the provincial 
government;
(6) Maintain and supervise janitorial, security, landscaping, and other related 
services on all local government public buildings and other real property, 
whether owned or leased by the provincial government;
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(7) Collate and disseminate information regarding prices, shipping and other 
costs of suppiies and other items commonly used by the provincial government;
(8) Perform archival and record management with respect to records of offices 
and departments of the province;
(9) Perform ali other functions pertaining to supply and property management 
heretofore performed by the local government treasurer and to enforce policies 
on records creation, maintenance and disposal;
(10) 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, particuiarly during and in the aftermath of man-made and naturai 
disasters or calamities;
(11) Recommend to the sanggunian and advise the provincial governor on all 
matters relative to the generai services; and
(12) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 39. The Provincial Architect, -(a) The provinciai architect must be a citizen 
of the Philippines, a resident of the province, of good morai character, a duly licensed 
architect and must have practiced the architecturai profession for at ieast five (5) 
years.
The appointment of a provincial architect is optional.
(b) The provincial architect shaii perform the following duties and functions:
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(1) Take charge of the office for architectural planning and design, and 
pursuant thereto, perform the following:
(i) Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial governor in 
carrying out measures to ensure the delivery of basic services and the 
provision of adequate facilities relative to architectural planning and 
design as provided under Section 17 of the Local Government Code of 
1991, as amended; and
(ii) Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which have 
to do with architectural planning and design programs and projects 
which the provincial governor is empowered to implement and which the 
sanggunian is empowered to provide under the Local Government Code 
of 1991, as amended.
(2) 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 lighted areas, land reclamation activities, the greening of 
land and the appropriate planning of marine and foreshore areas;
(3) Review and recommend for appropriate action of the sanggunian and the 
provincial governor, the architectural plan and design submitted by 
governmental and nongovernmental entities or individuals, particularly those 
for undeveloped, underdeveloped and poorly-designed areas;
(4) 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 wit environmental 
integrity and ecological balance;
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(5) 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 disasters and calamities;
(6) Recommend to the sanggunian and advise the provincial governor on all 
other matters related to the architectural planning and design as it relates to 
the total socioeconomic development of the province; and
(7) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 40. The Provincial Population Officer, - (a) The provincial population officer 
must be 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, a first grade civil service eligible 
or its equivalent and must have acquired at least five (5) years experience in the 
implementation of programs on population development or responsible parenthood.
The appointment of a provincial population officer is optional.
(b) The provincial population officer shall perform the following duties and 
functions:
(1) Take charge of the office for population development and pursuant 
thereto, perform the following:
(i) Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial governor in 
carrying out measures to ensure the delivery of basic services and the 
provision of adequate facilities relative to the integration of the
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population development principles and in providing access to said 
services and facilities; and
(ii) Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which have 
to do with the integration of population development principles and 
methods in programs and projects which the provincial governor is 
empowered to implement and which the sanggunian is empowered to 
provide under the Local Government Code of 1991, as amended;
(2) Assist the provincial governor In the implementation of the constitutional 
provisions relative to population development and the promotion of responsible 
parenthood;
(3) Establish and maintain an updated data bank for program operations, 
development planning and an educational program to ensure the people's 
participation in and undertaking of population development;
(4) Implement appropriate training programs responsive to the cultural 
heritage of the inhabitants; and
(5) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 41. The Provincial Environment and Natural Resources Officer. - (a) The 
provincial environment and natural resources officer must a citizen of the Philippines, 
a resident of the province, of good moral character, a holder of a college degree 
preferably in environment, forestry, agriculture or any related course from a 
recognized college or university, a first grade civil service eligible or its equivalent and 
must have acquired at least five (5) years experience in environmental and natural 
resources management, conservation and utilization.
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The appointment of a provincial environment and natural resources officer is 
optional.
(b) The provincial environment and natural resources officer shall perform the 
following duties and functions:
(1) Take charge of the office for environment and natural resources, and 
pursuant thereto, perform the following:
(i) Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial governor in 
carrying out measures to ensure the delivery of basic services and the 
provision of adequate facilities relative to environment and natural 
resources services as provided under Section 17 of the Local 
Government Code of 1991, as amended; and
(ii) Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which have 
to do with the environment and natural resources programs and projects 
which the provincial governor is empowered to implement and which the 
sanggunian is empowered to provide under the Local Government Code 
of 1991, as amended;
(2) Establish, maintain, protect and preserve communal forests, watersheds, 
tree parks, mangroves, greenbelts, commercial forests and similar forests 
projects like industrial tree farms and agro-forestry projects;
(3) Provide extension services to beneficiaries of forest development projects 
and technical, financial and infrastructure assistance;
(4) Manage and maintain seed banks and produce seedlings for forests and 
tree parks;
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(5) Provide extension services to beneficiaries of forest development projects 
and render assistance for natural resources-related conservation and utilization 
activities consistent with ecological balance;
(6) Promote small-scale mining and utiiization of mineral resources, particularly 
the mining of goid;
(7) Coordinate with government agencies and nongovernmentai organizations 
in the implementation of measures to prevent and control land, air and water 
pollution with the assistance of the Department of Environment and Natural 
Resources (DENR);
(8) Be in the frontiine of the delivery of services concerning the environment 
and natural resources, particularly in the renewal and rehabilitation of the 
environment during and in the aftermath of man-made and natural disasters or 
calamities;
(9) Recommend to the sanggunian and advise the provincial governor on all 
matters relative to the protection, conservation, maximum utilization, 
application of appropriate technology and other matters related to the 
environment and natural resources; and
(10) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 42. The Provincial Cooperatives Officer. - (a) The provincial cooperatives 
officer must be a citizen of the Philippines, a resident of the province, of good moral 
character, a holder of a college degree preferably in business administration with 
spedai training in cooperatives or any related course from a recognized college or 
university, a first grade civil service eligible or its equivalent and must have acquired 
at ieast five (5) years experience in cooperatives organization and management.
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The appointment of a provincial cooperatives officer is optional.
(b) The provincial cooperatives officer shall perform the following duties and 
functions:
(1) Take charge of the office for the development of cooperatives, and pursuant 
thereto, perform the following:
(i) Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial governor in 
carrying out measures to ensure the delivery of services and the 
provision of adequate facilities through the development of cooperatives, 
and in providing access to such services and facilities; and
(ii) Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same, particularly those which have 
to do with the integration of cooperatives principles and methods in 
programs which the provincial governor is empowered to implement and 
which the sanggunian is empowered to provide under the Local 
Government Code of 1991, as amended;
(2) Assist in the organization of cooperatives;
(3) Provide technical and other forms of assistance to existing cooperatives to 
enhance their viability as an economic enterprise and social organizations;
(4) 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 
services;
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(5) Be in the frontline of cooperatives organization, rehabilitation or viability 
enhancement, particularly during and in the aftermath of man-made and 
natural disasters or calamities, to aid in their survival and, if necessary 
subsequent rehabilitation;
(6) Recommend to the sanggunian and advise the provincial governor on all 
other matters relative to cooperatives development and viability enhancement 
which improve the livelihood and the quality of life of the inhabitants; and
(7) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
Sec. 43. The Provincial Information Officer. - (a) The provincial information 
officer must be a citizen of the Philippines, a resident of the province, of good moral 
character, a holder of college degree preferably in journalism, mass communication 
or any related course from a recognized college or university, a first grade civil service 
eligible or its equivalent and mush have acquired at least three (3) years experience 
in writing articles and research papers, or in writing for print, television or broadcast 
media.
The term of the provincial information officer is coterminous with that of the 
appointing authority.
The appointment of the provincial information officer is optional.
(b) The provincial information officer shall perform the following duties and 
functions:
(1) Take charge of the office for public information, and pursuant thereto, 
perform the following:
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(i) Formulate measures for the consideration of the sanggunian and 
provide technical assistance and support to the provincial governor in 
providing the information and research data required for the delivery of 
basic services and the provision of adequate facilities so that the public 
becomes aware of the said service and may fully avail of the same; and
(ii) Develop plans and strategies and, upon approval thereof by the 
provincial governor, implement the same particularly those which have 
to do with public information and research data to support the programs 
and projects which the provincial governor is empowered to implement 
and which the sanggunian is empowered to provide under the Local 
Government Code of 1991, as amended;
(2) Provide relevant, adequate and timely information to the provincial 
government and its inhabitants;
(3) Maintain effective liaison with the various sectors of the community on 
matters and issues that affect the livelihood and quality of life of the inhabitants 
and encourage support for programs of the local and national government;
(4) Furnish information and data on the province to government agencies or 
offices as may be required by law or ordinance and nongovernmental 
organizations to be furnished to said agencies and organizations;
(5) Be in the frontline of providing information during and in the aftermath of 
man-made and natural disasters or calamities, with special attention to the 
victims thereof, to help minimize injuries and casualties during and after 
emergency, and accelerate relief and rehabilitation;
(6) Recommend to the sanggunian and advise the provincial governor on all 
other matters relative to public information and research data as it relates to 
the total socioeconomic development of the province; and
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(7) Exercise such other powers and perform other duties and functions as may 
be prescribed by law or ordinance.
ARTICLE VIII
THE PROVINCIAL FIRE STATION, THE PROVINCIAL JAIL,
THE PROVINCIAL SCHOOLS DIVISION AND THE 
PROVINCIAL PROSECUTION SERVICE
Sec. 44. The Provincial Fire Station. - (a) There shall be established in the 
province at least four (4) fire stations with adequate personnel, firefighting facilities 
and equipment by the DILG, at least five (5) months upon the commencement of the 
corporate existence of the new province. The provincial government shall provide the 
site where the provincial fire station shall be located.
(b) The provincial fire station service shall be headed by a provincial fire 
marshal whose qualifications shall be as those provided under Republic Act No. 9263, 
as amended, otherwise known as the "Bureau of Fire Protection and Bureau of Jail 
Management and Penology Professionalization Act of 2004".
(c) The provincial fire stations shall provide various emergency services such 
as the rescue and evacuation of injured people at fire-related incidents and, in general, 
fire prevention and suppression measures to secure the safety of life and property of 
the citizenry.
Sec. 45. The Provincial JaiiService. - (a) The DILG shall, at least five (5) months 
from the commencement of the corporate existence of the new province, establish 
and maintain a secured, clean, adequately equipped and sanitary jail facility for the 
custody and safekeeping of prisoners, any fugitive from justice, or person detained 
awaiting investigation or trial and/or transfer to the national penitentiary, or a violent 
mentally ill person who may endanger oneself or the safety of others, as duly certified 
by the proper medical health officer, prior to the transfer of such person to a mental 
institution.
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(b) The provincial jaii service shall be headed by a provincial jail warden whose 
qualifications shail be as those provided under Republic Act No. 9263, otherwise 
known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology 
Professionalization Act of 2004". The provincial jail warden 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 spirituai and physical well-being are properly and promptly attended to.
Sec. 46. The Provincial Schools Division. - (a) The DepEd shall, within two (2) 
months from the commencement of the corporate existence of the province herein 
created, establish and maintain a separate schools division in the province whose 
jurisdiction shall cover all the municipalities of the new province.
(b) The provinciai schools division shali be headed by a division superintendent 
who must possess the necessary qualifications required by the DepEd.
Sec. 47. The Provinciai Prosecution Service. - (a) The Department of Justice 
(DOJ) shall, within two (2) months from the commencement of the corporate 
existence of the province herein created, establish and maintain a prosecution service. 
It shali be headed by a provinciai prosecutor who shaii be assisted by a number of 
assistant prosecutors as may be necessary, and whose quaiifications, manner of 
appointment, rank, salary and benefits shali be governed by existing laws covering 
prosecutors in the DOJ. The Provincial Prosecution Service shaii be organizationaliy 
part of the DOJ, and under the supervision and control of the Secretary of the DOJ.
(b) The provincial prosecutor shall handle the prosecution of criminal cases in 
the municipal trial courts in the province, as weii as in the regional trial courts for 
criminal cases originating in the territory of the new province and shall render to and 
for the province such other services as are required by iaw or reguiation of the DOJ.
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ARTICLE IX
TRANSITORY AND FINAL PROVISIONS
Sec. 48. Plebiscite. - (a) The Kutawato Province shall be created as provided 
for in this Chapter upon approval by the majority of the votes cast by the voters of 
the affected areas in a plebiscite to be conducted and supervised by the Commission 
on Elections (COMELEC) within ninety (90) days from the date of the effectivity of this 
Act.
The expenses for the conduct of the plebiscite shall be borne by appropriate 
agency in the BARMM.
Sec. 49. Commencement of Corporate Existence. - The corporate existence of 
the Kutawato Province shall commence upon the composition, qualification and 
assumption of the provincial governors, provincial vice governors and majority of the 
members of the sangguniang paniaiawigan.
Sec. 50. Officials of the Newly Created Provinces. - (a) The elective officials of 
the newly created province 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 paniaiawigan, who shall serve only until a 
new set of provincial officials have been elected and qualified.
(b) The incumbent congressional representatives of the province of Cotabato 
shall continue to represent their respective legislative districts until the expiration of 
their term of office.
Sec. 51. Organization of the Provincial Government. - All provincial appointive 
positions in the newly created provinces shall be filled within sixty (60) days upon 
commencement of its corporate existence.
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Sec. 52. Suspension of Increase in the Rates ofLocai Taxes. - No increase in 
the rates of local taxes shall be imposed by the new province within a period of five 
(5) years from its acquisition of corporate existence.
Sec. 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 Cotabato shall be divided proportionately between the 
Province of Cotabato and the Kutawato Province by the President of the Philippines 
upon recommendation of the Commission on Audit.
Sec. 54. Appiicabiiity of Laws. -The provisions of the Local Government Code 
of 1991, as amended, the Organic Law for the Bangsamoro Autonomous Region in 
Musiim Mindanao, and other laws applicable to provinces shall govern the herein 
created province insofar as they are not inconsistent with the provisions of this Act.
Sec. 55. Separabiiity Ciause. - If any provision of this Act is declared invalid or 
unconstitutional, the other parts or provisions not affected thereby shall remain valid 
and effective.
Sec. 56. Repealing Clause. — All laws, decrees, orders, issuances, and rules 
and regulations or parts thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly.
Sec. 57. Effectivity. -This Act shall take effect after fifteen (15) days from its 
publication in the Official Gazette ox in a newspaper of general circulation.
Approved,
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