QuestionsQuestions (DAR JOINT DAR-DENR-LRA-NCIP ADMINISTRATIVE ORDER NO. 01, S. 2012)
RA No. 11550 is titled the “Charter of the Provinces of Maguindanao del Norte and Maguindanao del Sur.” Its purpose is to divide the existing Province of Maguindanao into two (2) distinct and independent provinces: Maguindanao del Norte and Maguindanao del Sur.
Under Section 3(a), Maguindanao del Norte is composed of: Barira; Buldon; Datu Blah Sinsuat; Datu Odin Sinsuat; Kabuntalan; Matanog; Northern Kabuntalan; Parang; North Upi; Sultan Kudarat; Sultan Mastura; and Talitay.
Under Section 3(b), Maguindanao del Sur is composed of: Ampatuan; Buluan; Datu Abdulla Sangki; Datu Anggal Midtimbang; Datu Hoffer Ampatuan; Datu Montawal; Datu Paglas; Datu Piang; Datu Salibo; Datu Saudi Ampatuan; Datu Unsay; Gen. Salipada K. Pendatun; Guindulungan; Mamasapano; Mangudadatu; Pagalungan; Paglat; Pandag; Rajah Buayan; Sharif Aguak; Sharif Saydona Mustafa; Sultan sa Barongis; Talayan; and South Upi.
It provides that the territorial jurisdiction of each new province is within the present metes and bounds of all municipalities comprising the province. It also preserves existing boundary disputes/cases by allowing the disputed area’s boundaries to remain with the local government unit having existing administrative supervision until final resolution.
Maguindanao del Norte’s capital/seat is the municipality of Datu Odin Sinsuat; Maguindanao del Sur’s capital/seat is the municipality of Buluan.
It establishes each province as a political body corporate with perpetual succession and the powers of a provincial corporation, exercisable in conformity with the Charter and the Local Government Code (RA 7160), such as suing and being sued, entering contracts, acquiring property, and other corporate powers.
They take effect upon the election and qualification of their representative to be held on the second Monday of May 2022.
Yes. Section 9 provides that the City of Cotabato is part of the Lone Legislative District of the Province of Maguindanao del Norte.
Each province shall have a provincial governor, provincial vice governor, regular members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, provincial treasurer, provincial assessor, provincial accountant, provincial budget officer, provincial planning and development coordinator, provincial engineer, provincial health officer, provincial administrator, provincial legal officer, provincial agriculturist, provincial social welfare and development officers, provincial veterinarian, and provincial general services officer.
Unless otherwise provided, the heads of departments/offices are appointed by the provincial governor with the concurrence of a majority of all sangguniang panlalawigan members. The sangguniang panlalawigan must act within 15 days from submission, otherwise the appointment is deemed confirmed.
The governor’s official residence and office must be in the province’s capital during incumbency. All elective and appointive provincial officials must hold office in the provincial capital, with an exception allowing the sangguniang panlalawigan to allow them to hold office in any component city/municipality for up to seven (7) days per month.
Examples include: (1) determining provincial policy guidelines and being responsible to the sangguniang panlalawigan for the program of government; (2) directing formulation and implementation of the provincial development plan; (3) presenting the program of government annually; (4) appointing officials whose salaries/wages are wholly or mainly paid out of provincial funds unless otherwise provided; (5) enforcing laws and ordinances; (6) formulating and implementing peace and order plan in coordination with mayors and the National Police Commission; and (7) visiting component cities/municipalities at least once every six months.
The vice governor is the presiding officer of the sangguniang panlalawigan and signs warrants drawn on the provincial treasury for appropriated expenditures for its operation. He/She also appoints sangguniang panlalawigan officials/employees subject to civil service rules (except where appointment is specifically provided elsewhere), and assumes the office of the provincial governor in cases of permanent vacancy or exercises governor powers in temporary vacancy as provided in the Local Government Code.
It consists of: the provincial vice governor (presiding officer); regular sangguniang panlalawigan members; the president of the provincial chapter of the Liga ng mga Barangay; the president of the panlalawigang Pederasyon ng mga Sangguniang Kabataan; the president of the provincial federation of sanggunian members of municipalities/component cities; and sectoral representatives. It also adds three (3) sectoral representatives: one from the women’s sector, one from agricultural/industrial workers, and one from other sectors including urban poor/ICCs/persons with disability.
An ordinance must be presented to the provincial governor, who signs each page to signify approval. If vetoed, it is returned with reasons. The sangguniang panlalawigan may override by a two-thirds (2/3) vote of all its members, making the ordinance effective.
The governor may veto on the ground that the ordinance is prejudicial to public welfare. The governor may also veto particular items of appropriation ordinances, ordinances/resolutions adopting local development plans and public investment programs, or ordinances directing payment of money or creating liability. The veto can be made only once; if not overridden, the vetoed items do not take effect.