Charter of the Province of Davao Occidental

Province is a political body corporate with perpetual succession.
Powers include suing and being sued, holding property, entering contracts, and executing other powers subject to law.
May levy taxes, open/close public ways, expropriate property, and manage provincial affairs in compliance with the Local Government Code.

Province and officials liable for death, injury, or property damage.
Province allocated its own legislative district comprising specified municipalities.
Davao del Sur retains other municipalities for legislative purposes until new representatives elected.

Provincial officials include governor, vice governor, sangguniang panlalawigan members, and various mandatory and optional department heads.
Officials appointed with sangguniang panlalawigan concurrence, subject to civil service regulations.
Official residence and offices located in provincial capital, with limited exceptions.

Chief executive with broad supervision over all provincial programs.
Responsibilities include policy guidance, development planning, legislative proposals, appointments, contract execution, emergency measures, and representation.
Has authority in peace and order, resource generation, basic service delivery, and reporting to the Office of the President.
Receives a salary set at Salary Grade 30.

Composed of vice governor as presiding officer, regular members, sectoral and ex officio members from barangay and youth federations.
Enacts ordinances and resolutions promoting general welfare and exercising corporate powers.
Regulates peace and order, environment, public morals, taxation, franchises, land use, and basic services.
Approves appropriations and grants licenses, subject to limitations.
Members compensated at Salary Grade 27.

Adopts internal rules of procedure, including committee structures and member discipline.
Members must disclose financial and business interests to avoid conflicts.
Sessions regularly held once a week, with special sessions called as needed.
Quorum requires majority, with provisions to compel attendance.
Ordinances presented to governor for approval or veto; veto override by two-thirds vote.

Vice governor assumes governor position upon permanent vacancy; highest-ranking sangguniang member next in line.
Ranking based on votes received.
Vacancies in the sangguniang panlalawigan filled by presidential appointment on party nomination or by provincial governor if independent.
Temporary incapacity of governor results in vice governor exercising powers, with limited functions for short absences.

Positions include: secretary to the sangguniang panlalawigan, treasurer, assessor, accountant, budget officer, planning and development coordinator, engineer, health officer, administrator, legal officer, agriculturist, social welfare and development officer, environment and natural resources officer, veterinarian, general services officer, cooperatives officer, architect, population officer, and information officer.
Mandatory appointments must meet qualifications including citizenship, residency, education, licensure, experience, and civil service eligibility.
Each official has defined duties including policy formulation, implementation, supervision, technical assistance, and coordination with national agencies.
Officials serve terms coterminous with appointing authority where specified.

At least five fire stations established with adequate facilities and personnel.
Provincial fire marshal heads fire service, qualifications per RA 9263.
Secure, sanitary provincial jail established and maintained, headed by a qualified warden.
Jail operations must respect human rights and welfare of detainees.

Separate provincial schools division established under DepED jurisdiction.
Headed by a qualified division superintendent.
Provincial prosecution service maintained by DOJ.
Comprises provincial prosecutor and assistants handling criminal cases within the province.

Province creation subject to plebiscite within 60 days of charter effectivity.
Corporate existence begins with election and qualification of provincial officials.
First elective officials elected in next scheduled national and local elections.
Appointive positions filled within 60 days of corporate existence.
No increase in local tax rates for five years post-creation.
Ownership of properties and infrastructure determined by location within municipalities.
Local Government Code and other applicable laws govern province unless inconsistent with this Act.
Separability clause ensures non-invalid provisions remain effective.
Act takes effect 15 days after publication in newspapers.