Charter of the Province of Zamboanga Sibugay

Creation, boundaries, and component LGUs

Section 2 creates the Province of Zamboanga Sibugay from the present Province of Zamboanga del Sur.
Section 2 enumerates municipalities that comprise the Province of Zamboanga Sibugay: Buug, Diplahan, Malangas, Imelda, Alicia, Mabuhay, Olutanga, Talusan, Payao, Siay, Kabasalan, Naga, Ipil, Titay, R.T. Lim and Tungawan.
Section 2 lists the remaining municipalities that remain part of Zamboanga del Sur: Labangan, Tukuran, Aurora, Molave, Mahayag, Dumingag, Suminot, Midsalip, Ramon Magsaysay, Tambulig, Josefina, Bayog, Lakewood, Kumalarang, Tigbao, Dumalinao, Guipos, San Miguel, Lapuyan, Margosatubig, Dinas, San Pablo, Tabina, Dimataling, Vincenzo Sagun, Pitogo, and the City of Pagadian.
Section 2 preserves the effect of existing boundary disputes or cases on territorial jurisdiction between Zamboanga del Sur and adjoining local government units, to be resolved by the appropriate agency or forum.

Capital, corporate powers, and general powers

Section 3 establishes the Municipality of Ipil as the capital town and seat of government of the Province of Zamboanga Sibugay.
Section 4 provides that the province is endowed with attributes of perpetual succession and possesses provincial corporate powers exercisable in conformity with the Charter and other laws.
Section 4 grants corporate powers including: continuous succession in the corporate name; the right to sue and be sued; authority to have and use a corporate seal; power to acquire, hold, and convey property; and power to enter into contracts and agreements.
Section 5 grants general powers including: power to levy taxes; power to close and open roads, streets, alleys, parks, or squares; power to take, purchase, receive, hold, lease, convey, and dispose of property for the general interests of the province; and power to expropriate private property for public use.
Section 6 states that the province and its officials are not exempt from liability for death or injury to persons or damage to property.

Congressional district and provincial jurisdiction

Section 7 provides that the present Third District of the Province of Zamboanga del Sur constitutes the Lone Congressional District of the Province of Zamboanga Sibugay.
Section 7 provides that Zamboanga del Sur retains two legislative districts with the listed municipalities as its District I and District II.
Section 8 provides that the Province of Zamboanga Sibugay’s police jurisdiction for police purposes only is coextensive with its territorial jurisdiction.
Section 8 extends provincial police jurisdiction for water protection over all territory within the drainage area of the provincial water supply source, and over one hundred (100) meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with provincial water service.
Section 8 provides a judicial rule for crimes and misdemeanors: regional trial courts and other DOJ courts of adjoining municipalities continue to try offenses committed within the mandated jurisdiction of the new province, and the court first taking jurisdiction thereafter retains exclusive jurisdiction.

Provincial courts, licenses, and fees

Section 8 provides that license issuance within the zone/area/space covered by the judicial jurisdiction rule shall be granted by the proper authorities of the province or municipality concerned.
Section 8 provides that the fees arising from such licenses shall accrue to the treasury of the province or municipality concerned.

Provincial officers and appointment framework

Section 9 enumerates provincial government offices including governor, vice governor, sangguniang panlalawigan members, secretary to the sangguniang panlalawigan, provincial treasurer, provincial assessor, provincial accountant, provincial engineer, provincial budget officer, provincial planning and development coordinator, provincial legal officer, provincial administrator, provincial health officer, provincial civil registrar, provincial social welfare and development officer, provincial general services officer, provincial agriculturist, provincial veterinarian, provincial environment and natural resources officer, and provincial cooperatives officer.
Section 9 allows the governor to appoint additional officers: provincial architect, provincial population officer, and provincial information officer.
Section 9 requires establishment of a provincial fire station headed by a provincial fire marshal, a provincial jail headed by a provincial jail warden, and a provincial school division headed by a provincial school division superintendent.
Section 9 authorizes the province to establish other offices, create necessary offices, or consolidate functions for efficiency and economy.
Section 9 provides that, unless otherwise provided, heads of departments and offices are appointed by the provincial governor with the concurrence of the majority of the sangguniang panlalawigan members, subject to civil service rules.
Section 9 requires the sangguniang panlalawigan to act on the appointment within fifteen (15) days from submission, otherwise the appointment is deemed confirmed.

Residence and office location

Section 10 mandates that during the governor’s incumbency, the governor holds official residence and office in the designated capital of the province.
Section 10 mandates that all elective and appointive provincial officials hold office in the provincial capital, subject to a sangguniang panlalawigan resolution allowing office-holding in any component city or municipality for not more than seven (7) days per month.

Governor’s powers, duties, reports, and compensation

Section 11 recognizes the provincial governor as chief executive exercising powers and duties provided in the Local Government Code of 1991 and other laws.
Section 11 requires the governor to provide general supervision and control over provincial programs, projects, services, and activities, including setting guidelines and responsibility for the provincial government program.
Section 11 requires the governor to direct formulation of the provincial development plan with the provincial development council, implement it upon approval by the sangguniang panlalawigan, and present the program of government to the sangguniang panlalawigan at the opening of the regular session every calendar year, and as needed.
Section 11 empowers the governor to appoint officials and employees whose salaries and wages are wholly or mainly paid from provincial funds, and to represent the province, sign bonds, contracts, and obligations upon proper authority.
Section 11 requires emergency measures during and after disasters and calamities; enforcement of laws and ordinances; and institution of administrative or judicial proceedings for offenses committed in the performance of official duties.
Section 11 requires furnishing executive orders to the Office of the President within seventy-two (72) hours after issuance.
Section 11 requires the governor to visit component cities and municipalities at least once every six (6) months, and to submit to the Office of the President an annual report plus supplemental reports when unexpected events occur, especially disasters.
Section 11 grants operational authority including: firearm carriage within territorial jurisdiction; issuance of executive orders; formulation and implementation of peace and order plan in coordination with mayors and the National Police Commission under Republic Act No. 6975; and calling national law enforcement agencies when local police forces are inadequate.
Section 11 sets compensation: the governor receives a minimum monthly compensation corresponding to Salary Grade thirty (30) under Republic Act No. 6758 and implementing guidelines.

Vice governor’s functions and compensation

Section 12 makes the vice governor the presiding officer of the sangguniang panlalawigan and requires signing warrants drawn on the provincial treasury for expenditures appropriated for sangguniang panlalawigan operations.
Section 12 authorizes the vice governor, subject to civil service law, rules, and regulations, to appoint officials and employees including the secretary of the sangguniang panlalawigan and employees of individual sangguniang panlalawigan members—except those whose appointment is specifically provided by existing laws.
Section 12 requires the vice governor to assume the office of governor for the unexpired term in permanent vacancy, and to perform governor functions in temporary vacancy as provided by the Local Government Code of 1991.
Section 12 requires performance of other duties as prescribed by law or ordinance.
Section 12 sets compensation: the vice governor receives monthly compensation corresponding to Salary Grade twenty-eight (28) under Republic Act No. 6758 and implementing guidelines.

Sangguniang panlalawigan composition and sectoral seats

Section 13 establishes the sangguniang panlalawigan as the province’s legislative body composed of: the vice governor as presiding officer; regular sangguniang panlalawigan members; presidents of liga ng mga barangay, panlalawigang pederasyon ng mga sangguniang kabataan, and provincial federation of sanggunian members; and sectoral representatives.
Section 13 provides for three (3) sectoral representatives: one (1) from the women; one (1) from agricultural or industrial workers; and one (1) from other sectors, including urban poor, indigenous cultural communities, or disabled persons.
Section 13 requires that sectoral representatives be determined by the concerned sanggunian within ninety (90) days prior to local elections.
Section 13 sets compensation for regular members and sectoral representatives: monthly compensation corresponding to Salary Grade twenty-seven (27) under Republic Act No. 6758 and implementing guidelines.
Section 13 provides that regular members and sectoral representatives are elected in the manner provided by law.

Legislative functions and provincial ordinance powers

Section 14 directs the sangguniang panlalawigan to enact ordinances, approve resolutions, and appropriate funds for the general welfare of the province and its inhabitants under Section 16 of the Local Government Code of 1991 and under the province’s corporate powers in Section 22 of that Code.
Section 14 requires the sangguniang panlalawigan to approve all ordinances and pass resolutions necessary for efficient and effective provincial government.
Section 14 requires review of ordinances of component cities and municipalities and executive orders of mayors to determine whether they are within prescribed powers.
Section 14 mandates maintenance of peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion, or sedition and impose penalties for ordinance violations.
Section 14 empowers the sangguniang panlalawigan to approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000) or imprisonment not exceeding one (1) year, or both, in the discretion of the court, for violation of a provincial ordinance.
Section 14 authorizes measures for disaster and calamity prevention, relief, and assistance for victims during and after disasters and in return to productive livelihood.
Section 14 mandates ordinances addressing habitual drunkenness in public places, vagrancy, mendicancy, prostitutions, houses of ill-repute, gambling and prohibited games of chance, fraudulent devices to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, and obscene or pornographic materials and publications, among other inimical activities.
Section 14 directs environmental protection including setting aside at least ten percent (10%) of development funds for ecological balance and authorizing penalties for environmental endangerment including dynamite fishing, destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and endangered species, slash-and-burn farming, and activities causing pollution and ecological imbalance.
Section 14 grants authority to determine powers and duties of provincial officials and employees, determine positions and salaries/wages/allowances/emoluments for those paid wholly or mainly from provincial funds, and approve compensation and honoraria for temporary vacancies filled by qualified persons not in government service at the rate authorized by law.

Funding, services, taxation-related powers

Section 14 requires provision of mechanisms and appropriate funds to safeguard provincial property and records, including records on property inventory, land ownership, births, marriages, deaths, assessments, taxation, accounts, and business permits and other public-interest records.
Section 14 allows additional allowances and benefits for judges, prosecutors, public elementary and high school teachers, and other national officials stationed or assigned to the province when finances allow.
Section 14 requires legal assistance to provincial and municipal officials and members of the provincial police when they initiate judicial proceedings or defend legal actions in the performance of official duties, and allows authorization of the provincial governor to engage private counsel for this purpose.
Section 14 authorizes group insurance or additional insurance for officials, including barangay tanod brigades and other service units, with public or private insurance companies when finances allow.
Section 14 directs the sangguniang panlalawigan to enact annual and supplemental appropriations and appropriate funds for provincial programs and projects for general welfare.
Section 14 authorizes, subject to the Local Government Code of 1991 Book II and applicable laws and with majority vote of all members, ordinances levying taxes/fees/charges and prescribing rates and granting tax exemptions, incentives, or reliefs.
Section 14 authorizes, subject to Book II and applicable laws and with majority vote, authorization to the provincial governor to negotiate and contract loans and other forms of indebtedness.
Section 14 authorizes, subject to Book II and applicable laws and with majority vote, ordinances authorizing floating bonds or other instruments of indebtedness to finance development projects.
Section 14 authorizes appropriation for construction/maintenance/rental of buildings for provincial use and, with majority vote, authorization to lease to private parties public buildings held in a proprietary capacity subject to existing laws and rules.
Section 14 empowers the sangguniang panlalawigan to prescribe reasonable limits and restraints on use of property within the province, adopt a comprehensive provincial land use plan, reclassify lands subject to the Local Government Code, and enact integrated zoning ordinances in consonance with approved comprehensive provincial land use plan.

Land use, development, fisheries, and franchising

Section 14 authorizes adoption of measures to enhance full implementation of the national agrarian reform program in coordination with the Department of Agrarian Reform.
Section 14 requires fire limits/zones in populous centers and regulation of construction, repair, or modification within those fire limits consistent with the Fire Code.
Section 14 authorizes, subject to national law, processing and approval of subdivision plans for residential, commercial, industrial, and other development purposes, and collection of processing fees and charges accruing entirely to the province.
Section 14 provides a timing rule: when national agency approval is required by law, it shall not be withheld for more than thirty (30) days from receipt of the application; failure to act within that period is deemed approval.
Section 14 provides that, subject to the Local Government Code, the sangguniang panlalawigan may grant the exclusive privilege of constructing fish corrals or fish pens or taking or catching bangus fry, prawn fry or kawag-kawag, or fry of any species of fish within provincial waters.
Section 14 allows, with concurrence of at least two thirds (2/3) of all members, tax exemptions, incentives, or relief to entities engaged in community growth inducing industries, subject to the Local Government Code.
Section 14 authorizes the sangguniang panlalawigan to grant loans or provide grants to other local government units or to national/provincial/municipal charitable, benevolent, or educational institutions operated and maintained within the province.
Section 14 authorizes regulating numbering of buildings and inspection, weighing, and measuring of articles of commerce.
Section 14 authorizes franchises, issuance of permits/licenses, and tax ordinances for general welfare and grants powers to: fix reasonable fees/charges for provincial services; regulate license fees and conditions for revocation of business/practices of profession; and provide terms for operation of provincial public utilities and their leasing to private persons or entities, preferably cooperatives.

Special regulatory powers in provincial jurisdiction

Section 14 allows fixing license fees for signs/signboards/billboards where the profession or business is conducted.
Section 14 grants a special power: despite any law to the contrary, the sangguniang panlalawigan may authorize and license the establishment, operation, and maintenance of cockpits and regulate cockfighting and commercial breeding of gamecocks without prejudicing existing rights.
Section 14 allows regulating tricycle operation and granting franchises for tricycle operation within the province, subject to guidelines prescribed by the Department of Transportation and Communications.
Section 14 provides that, upon approval by a majority vote of all members, the sangguniang panlalawigan may grant franchises to persons/partnerships/corporations/cooperatives to do business within the province, establish/construct/operate/maintain ferries/wharves/markets or slaughterhouses, or undertake other activities allowed by existing law.

Nuisance control, environment, sanitation, and public safety

Section 14 empowers the sangguniang panlalawigan to declare, prevent, or abate nuisances.
Section 14 authorizes, with concurrence of a majority of members and with a quorum present, denial of entry of legalized gambling into any part of the province by ordinance or regulation of its location.
Section 14 authorizes sanitation ordinances requiring buildings/premises/land to be kept in sanitary condition and imposing penalties; if owners fail to comply, the work may be done at the owner/administrator/tenant expense.
Section 14 authorizes regulation of disposal of clinical and other wastes from hospitals, clinics, and similar establishments.
Section 14 authorizes regulation of cafes, bars, restaurants, beer/wine/liquor stores, hotels, motels, inns, pension houses, dormitories, lodging houses, tourist guides, and transportation services.
Section 14 authorizes regulation of sale/giving away/dispensing of intoxicating malt, vino, mixed or fermented liquors at provincial retail outlets.
Section 14 authorizes regulation of steam boilers/heating devices and storage of inflammable and highly combustible materials.
Section 14 authorizes regulation of entertainment and amusement facilities and events, including theatrical/stage performances, circuses, billiard pools, public dancing halls, computer gaming cafes and bars, health and fitness spas, sauna baths, and massage parlors; it authorizes suspension/suppression or prohibition of amusement/entertainment forms to protect social and moral welfare.
Section 14 authorizes regulation of funeral parlors and burial or cremation subject to existing laws/rules/regulations.
Section 14 authorizes regulation of gymnasiums and similar centers and parlors subject to existing laws/rules/regulations.
Section 14 authorizes impounding of stray animals; regulation of keeping animals in homes or as part of a business; regulation of slaughter/sale/disposition; and adoption of measures to prevent and penalize cruelty to animals.

Basic services and facilities implementation

Section 14 requires ordinances ensuring efficient and effective delivery of basic services and facilities under Section 17 of the Local Government Code of 1991, plus additional enumerated powers.
Section 14 authorizes establishment/maintenance/protection/conservation of communal forests and watersheds, tree parks, greenbelts, mangroves, and similar forest development projects.
Section 14 authorizes markets, slaughterhouses, or animal corrals operated by the provincial government and regulation of private markets and talipapas.
Section 14 authorizes provincial government establishment/maintenance/operation of ferries/wharves and other structures intended to accelerate marine/offshore productivity activities.
Section 14 authorizes regulation of preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption.
Section 14 authorizes regulation of use of streets/avenues/alley/sidewalks/bridges/parks and public places, including construction and improvement; regulation of bus and vehicle stops/terminals; regulation of garages and conveyances for hire; designation of public-vehicle stands; and regulation of signage and street lighting/cleaning/sprinkling.
Section 14 authorizes traffic regulation on streets and bridges, prohibition of encroachments/obstacles, and removal of encroachments and illegal settlement structures on public welfare grounds.
Section 14 authorizes—subject to existing laws and availability of funds—establishment and maintenance of an efficient waterworks system; regulation of hydrants, pumps, cisterns, and reservoirs; protection of water purity and quantity; extension of ordinance coverage over drainage area and within one hundred (100) meters of specified water installations and watershed; and regulation of water consumption, use, wastage, and charges.
Section 14 authorizes regulation of drilling/excavation for ground water sources, laying of pipes, construction/repair of drains/sewers/cesspools/tunnels; public safety measures against hazards; and regulation of private water closets, privies, and similar structures in buildings and homes.

Building wires, vocational schools, and education scholarships

Section 14 authorizes regulation of installation, repair, and construction of gas mains and electric telegraph/telephone wires and cables and associated apparatus; and it authorizes correction, condemnation, and removal of dangerous apparatus.
Section 14 authorizes—subject to availability of funds and existing laws—establishment and operation of vocational and technical schools and similar post-secondary institutions, and with approval of the Department of Education, Culture and Sports, fixing reasonable tuition fees and school charges in provincial government-supported institutions, subject to existing laws on tuition fees.
Section 14 authorizes establishment of an education and training scholarship fund for poor but deserving constituents in schools within the province’s jurisdiction or for students residing in the province.

Health, quarantine, social welfare, and justice facilities

Section 14 authorizes approval of measures and quarantine regulations to prevent introduction and spread of diseases in the province.
Section 14 authorizes provisions for care of paupers, the aged, sick persons, 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 availability of funds.
Section 14 authorizes establishing and supporting centers and facilities for needy and disadvantaged persons and facilitating efforts to promote welfare of families below the poverty threshold, the disadvantaged, and the exploited.
Section 14 authorizes establishment and maintenance and improvement of jails and detention centers, a sound jail management program, and appropriations for subsistence of detainees and convicted prisoners in the province.

Culture, elderly/veterans councils, and incentives

Section 14 authorizes establishment of a provincial council for culture and the arts to coordinate with government agencies and nongovernmental organizations and, subject to available funds, appropriate funds for support and development.
Section 14 authorizes establishment of a provincial council for the elderly and veterans to formulate mutually beneficial policies and measures and, subject to available funds, appropriate funds and provide incentives for nongovernmental agencies and entities to support programs and projects for the elderly.

Internal legislative rules and member discipline

Section 15 requires the sangguniang panlalawigan, on the first regular session following members’ election and within ninety (90) days, to adopt its internal rules of procedure.
Section 15 requires the rules to provide for: organization, election of officers, creation of standing committees and their jurisdiction, and election of committee chairmen and members.
Section 15 requires rules to cover: legislative process and parliamentary procedures; discipline for members’ disorderly behavior and absences without justifiable cause for four (4) consecutive sessions.
Section 15 allows disciplinary sanctions including censure, reprimand, or exclusion from session, suspension for not more than sixty (60) days, or expulsion, and it requires at least two-thirds (2/3) concurrence for suspension or expulsion.
Section 15 mandates automatic expulsion for a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude.

Financial interest disclosure rules

Section 16 requires every sangguniang panlalawigan member, upon assumption to office, to make full disclosure of business and financial interests.
Section 16 requires disclosure of any business/financial/professional relationship and any relationship by affinity or consanguinity within the fourth civil degree with persons, firms, or entities affected by ordinances or resolutions under consideration that may create conflict of interest.
Section 16 defines disclosure-covered relationships to include: ownership of stocks or capital/investment in the affected entity or firm; and contracts or agreements with any person or entity affected by the ordinance or resolution.
Section 16 requires disclosure to be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which the member is a member.
Section 16 requires disclosure to form part of the record of proceedings and to be made: before participation in deliberations; or, if no participation, before voting on ordinance/resolution on second and third readings; and when the member takes a position or makes a privilege speech on a matter that may affect the disclosed business interest/financial connection/professional relationship.
Section 16 provides that conflict of interest generally refers to situations where a member may not act in the public interest due to private, pecuniary, or other personal considerations affecting judgment and prejudicing service or public.

Sessions, openness to the public, and special sessions

Section 17 requires the sangguniang panlalawigan, by resolution on the first day of session immediately following election, to fix the day, time, and place of regular sessions.
Section 17 requires minimum regular sessions of the sangguniang panlalawigan once a week.
Section 17 allows special sessions when public interest demands, called by the provincial governor or by a majority of members.
Section 17 mandates that all sessions are open to the public unless a closed-door session is ordered by affirmative vote of a majority of members present, with quorum, in the public interest or for security, decency, or morality reasons.
Section 17 prohibits holding two (2) sessions—regular or special—in a single day.
Section 17 requires that for special sessions, written notice be served