Title
Charter of the Province of Zamboanga Sibugay
Law
Republic Act No. 8973
Decision Date
Nov 7, 2000
Republic Act No. 8973 establishes the Province of Zamboanga Sibugay, carved from Zamboanga del Sur, designating Ipil as its capital and outlining its governance structure, powers, and jurisdiction.
A

Capital and Seat of Government

  • Municipality of Ipil designated as capital and government seat

Corporate Powers of the Province

  • Political body corporate with perpetual succession
  • Powers include suing and being sued, using corporate seal, acquiring property, contracting, and other lawful prerogatives

General Provincial Powers

  • May levy taxes, regulate public spaces, manage property
  • May expropriate for public use
  • Authorized to enter contracts, prosecute and defend suits

Liability of Province and Officials

  • Not exempt from liability for death, injury, or property damage

Legislative Districts

  • Zamboanga Sibugay constituted as Lone Congressional District
  • Zamboanga del Sur retains two legislative districts

Police Jurisdiction

  • Jurisdiction coextensive with territorial boundaries for police purposes
  • Extended police jurisdiction to protect water supply drainage areas and reservoirs
  • Courts of adjoining municipalities retain jurisdiction over crimes until first taking jurisdiction
  • License issuance and fee collection under authority of appropriate province or municipality

Provincial Officials Structure

  • Elected: Governor, Vice Governor, Sangguniang Panlalawigan members
  • Appointed: Provincial Treasurer, Assessor, Accountant, Engineer, Budget Officer, Planning and Development Coordinator, Legal Officer, Administrator, Health Officer, Civil Registrar, Social Welfare Officer, General Services Officer, Agriculturist, Veterinarian, Environment Officer, Cooperatives Officer
  • Optional appointments: Architect, Population Officer, Information Officer
  • Establishment of Provincial Fire Station, Jail, and School Division with heads as specified
  • Appointment confirmation by majority of Sangguniang Panlalawigan

Official Residences and Offices

  • Governor's residence and office in provincial capital (Ipil)
  • Other officials to hold office in capital or, for short periods, any component city or municipality upon resolution

Powers and Duties of Provincial Governor

  • Chief executive exercising powers under Local Government Code and this Act
  • Supervises provincial programs, formulates development plans, appoints officials
  • Represents province in transactions and legal matters
  • Carries out emergency measures during disasters
  • Manages salary payments and office space
  • Oversees employee performance and may initiate proceedings for offenses
  • Examines books and requires documents, including from national officials
  • Submits executive orders and annual/supplemental reports
  • Ensures acts within officials' authority
  • Convening meetings, issuing executive orders, armed within jurisdiction
  • Cooperates with police and law enforcement for peace and order
  • Manages provincial resources, revenue generation, budget preparation, and tax collection
  • Enforces tax ordinances and environmental measures
  • Ensures delivery of basic services and facilities
  • Minimum salary at Salary Grade 30

Powers and Duties of the Vice Governor

  • Presiding officer of Sangguniang Panlalawigan
  • Signs warrants for legislative expenditures
  • Appoints officials and employees of the sanggunian
  • Assumes governorship in permanent or temporary vacancy
  • Minimum salary at Salary Grade 28

Composition and Powers of the Sangguniang Panlalawigan

  • Composed of Vice Governor, elected members, presidents of Liga ng mga Barangay, SK federation, federation of councilors, and sectoral representatives
  • Legislative functions include ordinance enactment, resolutions, and budget approval
  • Oversight of local ordinances and executive orders
  • Powers to maintain peace and order, environmental protection
  • Authority to impose fines and penalties
  • Regulation of public safety, health, zoning, taxation, franchises, and business operations
  • Management of public utilities, traffic, markets, social services, education, and welfare
  • Approves budget, loans, and appropriations
  • Sectoral representation to address women, workers, and other groups
  • Monthly compensation at Salary Grade 27

Internal Rules and Procedures of the Sanggunian

  • Adoption of rules within 90 days after election
  • Creation of committees covering various governance aspects
  • Conduct of parliamentary procedure including discipline
  • Attendance requirements and penalties for misconduct

Financial Disclosure for Sanggunian Members

  • Mandatory disclosure of business and financial interests upon assumption
  • Disclosure when participating in discussions or voting on related matters
  • To prevent conflicts of interest by transparency

Legislative Sessions

  • Minimum once a week regular sessions
  • Special sessions may be called by governor or majority members
  • Open to public unless majority vote for closed session
  • Restrictions on session scheduling and notice requirements

Quorum and Attendance

  • Majority constitutes quorum
  • Enforcement of attendance including police assistance
  • Session adjournment if quorum not met

Approval and Veto of Ordinances

  • Ordinances presented to Governor for signature
  • Governor may veto with written reasons within 15 days
  • Sanggunian may override veto by two-thirds vote
  • Governor’s veto limited to one time per ordinance
  • Itemized veto allowed on appropriations and similar ordinances

Disqualifications for Provincial Elective Positions

  • Final conviction for crimes involving moral turpitude or imprisonment over 1 year within 2 years post sentence
  • Removal from office via administrative case
  • Citizenship issues, fugitive status, residency abroad
  • Insanity or mental incapacity

Succession in Provincial Offices

  • Vice governor succeeds governor permanently
  • Highest ranking sanggunian member succeeds if refusal or further vacancies
  • Ranking based on proportion of votes received
  • Tie resolved by lots
  • Filling sanggunian vacancies by Presidential appointments from same political party
  • Special filling procedures for non-political party members and sectoral representatives

Temporary Vacancy Management for Governor

  • Vice governor exercises governor’s powers during temporary incapacity
  • Limitations on appointment powers if incapacity under 30 days
  • Governor traveling may designate officer-in-charge except appointment powers

Qualifications and Duties of Appointive Provincial Officials

  • Secretary to Sangguniang Panlalawigan: Career official, handles records, journal, and official acts
  • Provincial Treasurer: Appointed by Secretary of Finance, manages funds, reports on tax collection
  • Provincial Assessor: Manages real property tax assessment, supervision, reporting
  • Provincial Accountant: Handles accounting and internal audit, financial statements
  • Provincial Budget Officer: Prepares, consolidates budget, coordinates with finance and planning
  • Planning & Development Coordinator: Formulates development plans, monitoring, people participation
  • Provincial Engineer: Supervises infrastructure and public works
  • Provincial Health Officer: Oversees health programs, ordinances, inspections
  • Provincial Civil Registrar: Manages civil registries, licenses, records
  • Provincial Administrator: Coordinates provincial officials, personnel programs
  • Provincial Legal Officer: Chief legal counsel, represents province in legal matters
  • Provincial Agriculturist: Agricultural programs, research, and enforcement
  • Provincial Social Welfare Officer: Welfare programs, crisis intervention, vulnerable groups
  • Environment Officer: Environmental protection, resource management, pollution control
  • Provincial Veterinarian: Animal health and welfare
  • General Services Officer: Property management, janitorial, records
  • Provincial Cooperatives Officer: Develops cooperatives, technical assistance
  • Optional Officials (Architect, Population Officer, Information Officer): Planning, population programs, public information

Establishment of Provincial Services

  • Fire Station: Minimum five stations, fire marshal heads
  • Provincial Jail: Secure facilities for prisoners, warden with social sciences background
  • School Division: Separate division established, headed by qualified superintendent
  • Prosecution Service: DOJ staffing for criminal prosecution, headed by provincial prosecutor

Transition and Final Provisions

  • Creation subject to plebiscite within 60 days
  • Corporate existence upon election and qualification of officials
  • Continued service of officials of Zamboanga del Sur until new province established
  • Appointment of provincial positions within 60 days
  • No increase in local taxes or real property tax in first 5 years
  • Proportionate division of assets, obligations, and funds
  • Governance governed by Local Government Code and applicable laws
  • Separability clause for invalid provisions
  • Effectivity 15 days after publication in two newspapers

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