Question & AnswerQ&A (Republic Act No. 10360)
The Act is officially known as the 'Charter of the Province of Davao Occidental.'
The Province of Davao Occidental consists of the municipalities of Sta. Maria, Malita, Don Marcelino, Jose Abad Santos, and Sarangani.
The Municipality of Malita is designated as the capital town and the seat of government of the Province of Davao Occidental.
The province has perpetual succession, can sue and be sued, use a corporate seal, acquire and convey property, enter into contracts, and exercise other powers as specified by law and this Charter.
Elective officials include the provincial governor, provincial vice governor, and the regular members of the sangguniang panlalawigan.
The provincial legal officer must be a Filipino citizen, resident of the province, of good moral character, a member of the Philippine Bar, and must have practiced law for at least five years.
The provincial vice governor assumes the office of the provincial governor. If the vice governor is unable, the highest ranking sangguniang panlalawigan member assumes the position according to the ranking determined by votes received.
The provincial governor exercises general supervision and control over provincial programs and activities, enforces laws and ordinances, initiates legislative measures, represents the province in business transactions, formulates development plans, calls meetings, and carries out emergency measures among others.
It is composed of the provincial vice governor as presiding officer, regular sangguniang panlalawigan members, presidents of provincial chapters of the liga ng mga barangay, panlalawigang pederasyon ng mga sangguniang kabataan, provincial federation of sanggunian members, and three sectoral representatives from women, agricultural or industrial workers, and other sectors such as urban poor or indigenous cultural communities.
The provincial governor must communicate the veto with reasons within 15 days. The sangguniang panlalawigan may override the veto by a two-thirds vote of all its members, making the ordinance effective despite the veto.
No increase in local tax rates shall be imposed by the Province of Davao Occidental within five years from its corporate existence.
The provincial treasurer must be a Filipino citizen, resident of the province, of good moral character, holder of a college degree preferably in commerce, public administration, or law, first grade civil service eligible or equivalent, with at least five years’ experience in treasury or accounting service, and must be appointed by the Secretary of Finance from nominees provided by the provincial governor.
The Province of Davao Occidental shall be created upon approval by the majority of votes cast by the voters in a plebiscite held within 60 days from the effectivity of the Act, supervised and conducted by the Commission on Elections (COMELEC).
The provincial governor appoints officials and employees whose salaries are paid from provincial funds, with the concurrence of a majority of the sangguniang panlalawigan members, subject to civil service laws.
The Act mandates the establishment of at least five fire stations headed by a provincial fire marshal and a provincial jail service headed by a provincial jail warden within two months of the province's corporate existence, ensuring facilities are secure, clean, and adequate to protect life and property and uphold human rights.