Law Summary
Territorial Jurisdiction and Capital Towns
- Each province's jurisdiction is defined by the current boundaries of its municipalities.
- Existing boundary disputes remain with the local government unit with administrative control until resolved.
- Capitals are Datu Odin Sinsuat for Maguindanao del Norte and Buluan for Maguindanao del Sur.
Corporate and General Powers of Provinces
- Each province is a political body corporate with perpetual succession.
- Powers include suing and being sued, using a corporate seal, acquiring property, entering contracts, levying taxes, expropriating property for public use, and others per the Local Government Code.
- Provinces are liable for damages caused by their officials.
Legislative Districts
- Each province has its own legislative district based on its constituent municipalities.
- The City of Cotabato is part of Maguindanao del Norte's lone legislative district.
- Existing representatives serve until the end of their terms.
Provincial Government Officials
- Both provinces have elected and appointed officials including governors, vice governors, sangguniang panlalawigan members, secretaries, and various specialized provincial officers.
- Appointments require the majority approval of sangguniang panlalawigan members.
- Officials’ offices are generally at the provincial capitals, with limited exceptions.
Roles and Powers of the Provincial Governor
- Chief executive with powers and duties under the Local Government Code.
- Supervises provincial government programs, projects, policies and development plans.
- Can appoint officials paid by provincial funds, represent the province legally, issue executive orders, and manage emergencies.
- Responsible for legislating initiatives through the sangguniang panlalawigan.
- Ensures collection of revenues and delivery of services.
- Receives compensation per the Compensation and Position Classification Act.
Roles and Powers of the Provincial Vice Governor
- Presides over the sangguniang panlalawigan.
- Signs warrants for sangguniang panlalawigan expenditures.
- Appoints sangguniang panlalawigan officials, subject to civil service rules.
- Assumes governorship in case of vacancy or temporary incapacity.
- Paid according to governmental compensation standards.
Sangguniang Panlalawigan Composition and Functions
- Composed of the vice governor, regular members, presidents of barangay and youth councils, and sectoral representatives.
- Enacts ordinances, resolutions, and appropriates funds for provincial welfare.
- Oversees peace and order, environmental protection, social services, and regulatory functions.
- Determines salaries and benefits of provincial officials.
- Empowered to levy taxes, authorize loans, and approve local development plans.
Legislative Processes and Rules
- Sanggunian adopts or updates rules of procedure post-election.
- Sessions are mostly public, convened regularly at least weekly.
- Quorum requires majority; enforcement mechanisms for absent members exist.
- Ordinances require governor's approval or may be vetoed; veto override requires two-thirds vote.
- Members must disclose business and financial interests to avoid conflicts.
Succession Procedures for Provincial Officials
- Permanent vacancies in governor or vice governor positions filled by constitutional order of succession based on ranking.
- unresolved vacancies in sangguniang panlalawigan filled by presidential appointment typically from the same political party.
- Temporary vacancies in governor's office result in vice governor exercising duties, subject to limitations.
Qualifications and Duties of Appointive Provincial Officials
- Officials such as secretary to the sangguniang, treasurer, assessor, accountant, budget officer, planning and development coordinator, engineer, health officer, administrator, legal officer, agriculturist, social welfare officer, veterinarian, general services officer, and optional officials like architect, population officer, environment officer, cooperatives officer, and information officer.
- Qualifications generally include Philippine citizenship, residency, relevant professional licenses or degrees, civil service eligibility, and years of experience.
- Duties involve administrative, financial, legal, planning, health, social welfare, agricultural, environmental, and information functions aligned with provincial governance.
Provincial Public Safety and Educational Services
- Fire stations: At least five with adequate personnel; headed by a qualified provincial fire marshal.
- Provincial jail: Safe and humane facility within 5 months of province’s existence; managed by a qualified jail warden.
- DepEd schools division: Established within 2 months; headed by a qualified superintendent.
- Prosecution service: Department of Justice to establish prosecution office within 2 months, headed by provincial prosecutor with requisite qualifications.
Transition, Plebiscite, and Implementation
- Creation of provinces subject to approval by voters in a plebiscite supervised by COMELEC within 90 days after effectivity.
- Corporate existence begins upon qualification and assumption of provincial officials.
- Interim officials and members of sangguniang panlalawigan appointed or elected under specified rules, with incumbents retaining positions as applicable.
- Appointive positions must be filled within 60 days of existence.
- No increase in local taxes for five years from corporate existence.
- Assets and liabilities of the former province shared equally between the two new provinces.
- Applicable laws include the Local Government Code, Organic Law for BARMM, and others unless inconsistent.
- Provisions for valid continuation if parts are invalidated.
- Effectivity 15 days after publication in official or general circulation paper.