Title
Creation of Zamboanga Sibugay Province
Law
Republic Act No. 9355
Decision Date
Oct 2, 2006
The Charter of the Province of Dinagat Islands establishes the province and outlines the appointment of interim officials, division of assets, and suspension of tax increases for a period of five years.
A

Capital and Seat of Government

  • Municipality of Ipil designated as the capital and seat of government.

Corporate and General Powers of the Province

  • Political body corporate with perpetual succession.
  • Powers include suing and being sued, owning property, entering contracts, and more.
  • Authority to levy taxes, manage roads, and expropriate property for public use.
  • Subject to liabilities for damages caused.

Congressional Representation

  • The former Third District of Zamboanga del Sur becomes the Lone Congressional District of Zamboanga Sibugay.

Jurisdiction and Police Powers

  • Territorial jurisdiction extends to police powers including water supply protection within specified zones.
  • Courts of adjoining municipalities retain jurisdiction over crimes until first trial.
  • Licensing and fees remain within provincial or municipal authority.

Provincial Officials: Creation, Appointment, and Residency

  • Establishes key provincial offices including governor, vice governor, provincial board members, and various administration officers.
  • Governor appoints department heads with sangguniang panlalawigan concurrence.
  • Provincial officials to hold office at provincial capital with limited exceptions.

Powers and Duties of the Provincial Governor

  • Chief executive with general supervision over provincial programs.
  • Responsible for policy formulation, development planning, emergency management, appointments, and budget allocation.
  • Holds authority to enforce laws, represent province, delegate responsibility during absence, and call officials for consultations.
  • Coordinates peace and order and resource generation.
  • Minimum monthly salary aligned with Salary Grade 30.

Vice Governor's Roles and Powers

  • Presides over sangguniang panlalawigan, signs warrants for its expenses.
  • Appoints officials except those appointed by governor.
  • Assumes governor’s office in cases of vacancy or temporary incapacity.
  • Compensation as per Salary Grade 28.

Composition and Functions of the Sangguniang Panlalawigan

  • Composed of vice governor, elected members, sectoral representatives, and presidents of local federations.
  • Legislative body empowered to enact ordinances, approve resolutions, and appropriate funds.
  • Duties include reviewing local ordinances, maintaining peace and order, environmental protection, setting salaries, issuing permits, granting franchises, and regulating local commerce and public utilities.
  • May regulate land use, social welfare, health services, infrastructure, education, and public safety.

Legislative Procedures and Requirements

  • Adoption of internal rules governing organization, committees, legislative processes, and member discipline.
  • Mandatory disclosure of financial and business interests by sangguniang members to avoid conflict of interest.
  • Sessions held at least weekly, open to public subject to exceptions.
  • Quorum requires majority presence; enforcement measures for member attendance included.

Ordinance Approval and Veto Powers

  • Ordinances submitted to governor for approval or veto.
  • Governor has power to veto ordinances or specific items on appropriations and resolutions.
  • Vetoes can be overridden by two-thirds vote of sangguniang members.

Qualifications and Disqualifications for Provincial Elective Officials

  • Disqualifications include prior conviction, administrative removal, dual citizenship, fugitive status, permanent foreign residence, and mental incapacity.

Succession of Provincial Elective Offices

  • Vice governor succeeds governor if vacancy occurs; next ranking sangguniang member next in line if vice governor declines.
  • Ranking based on proportion of votes.
  • Appointment procedure for vacancies involving political parties outlined.

Temporary Vacancy Management

  • Vice governor assumes governor's powers during temporary incapacity with certain limitations.
  • Temporary officer-in-charge designated by governor for absences not exceeding three days.

Appointment, Qualifications, and Duties of Key Provincial Officials

  • Secretary to the sangguniang panlalawigan: career official, manages records and documentation.
  • Provincial Treasurer: appointed by Secretary of Finance, manages funds and tax collection.
  • Provincial Assessor: oversees property assessments, tax mapping, and valuation.
  • Provincial Accountant: manages accounting and auditing functions.
  • Provincial Budget Officer: consolidates and manages budgeting process.
  • Provincial Planning and Development Coordinator: responsible for planning and coordinating development activities.
  • Provincial Engineer: supervises infrastructure projects and public works.
  • Provincial Health Officer: oversees health programs, enforces health laws.
  • Provincial Civil Registrar: manages civil registration and vital statistics.
  • Provincial Administrator: coordinates administrative functions and personnel.
  • Provincial Legal Officer: provides legal services, represents province in civil cases, enforces laws.
  • Provincial Agriculturist: promotes agriculture and aquaculture development.
  • Provincial Social Welfare and Development Officer: manages social welfare services for disadvantaged groups.
  • Provincial Environment and Natural Resources Officer: manages environmental conservation and resource utilization.
  • Provincial Veterinarian: oversees veterinary services and animal health.
  • Provincial General Services Officer: manages property, supply, sanitation, and general services.
  • Provincial Cooperatives Officer: promotes development of cooperatives.
  • Optional Officers: Provincial Architect, Population Officer, and Information Officer, with respective specialized functions.

Establishment of Provincial Services

  • Provincial Fire Stations: at least five funded and managed by DILG, responsible for fire prevention and emergency services.
  • Provincial Jail: secure, humane detention facilities under DILG supervision.
  • Provincial School Division: established under Department of Education with jurisdiction over the new province.
  • Provincial Prosecution Service: managed by Department of Justice, responsible for criminal prosecutions in the province.

Plebiscite and Corporate Existence Commencement

  • Creation subject to approval by majority in a plebiscite supervised by COMELEC within 60 days.
  • Corporate existence begins upon election and qualification of provincial officials.

Transition Provisions

  • Current officials and employees of Zamboanga del Sur to continue duties until the new province's establishment.
  • Appointive positions to be filled within 60 days.
  • Prohibition on local tax increases for five years following creation.
  • Proportionate division of funds, assets, and obligations between old and new provinces.

General Provisions

  • Governed by the Local Government Code and other applicable laws unless inconsistent.
  • Separability clause ensures validity of remaining provisions despite parts declared invalid.
  • Effectivity set at 15 days after publication in newspapers of general and local circulation.

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