Division of Maguindanao into Maguindanao Del Norte and Sur

Division of Maguindanao into provinces

Section 2 divides the Province of Maguindanao into two (2) distinct and independent provinces named Maguindanao del Norte and Maguindanao del Sur.
Section 3 provides the municipal composition of each new province:
- Maguindanao del Norte includes Barira; Buldon; Datu Blah Sinsuat; Datu Odin Sinsuat; Kabuntalan; Matanog; Northern Kabuntalan; Parang; North Upi; Sultan Kudarat; Sultan Mastura; and Talitay.
- Maguindanao del Sur includes Ampatuan; Buluan; Datu Abdulla Sangki; Datu Anggal Midtimbang; Datu Hoffer Ampatuan; Datu Montawal; Datu Paglas; Datu Piang; Datu Salibo; Datu Saudi Ampatuan; Datu Unsay; Gen. Salipada K. Pendatun; Guindulungan; Mamasapano; Mangudadatu; Pagalungan; Paglat; Pandag; Rajah Buayan; Sharif Aguak; Sharif Saydona Mustafa; Sultan sa Barongis; Talayan; and South Upi.
Section 4 sets territorial jurisdiction for both provinces within the present metes and bounds of all municipalities comprising each province.
Section 4 preserves existing boundary disputes or cases involving territorial jurisdiction between the new provinces and adjoining local government units.
Section 4 provides that territorial boundaries of disputed areas remain with the local government unit that has existing administrative supervision until final resolution of the case.

Capital and corporate powers

Section 5 designates the capital towns and seats of government:
- Datu Odin Sinsuat for Maguindanao del Norte.
- Buluan for Maguindanao del Sur.
Section 6 makes each province a political body corporate with perpetual succession and powers of a provincial corporation exercisable in conformity with Republic Act No. 7160 (Local Government Code of 1991), as amended.
Section 6 grants each province corporate powers including the powers:
- to exercise continuous succession in its corporate name;
- to sue and be sued;
- to use a corporate seal;
- to acquire and convey real or personal property;
- to enter into contracts; and
- to exercise other corporate powers subject to the Local Government Code of 1991, as amended, and other laws.
Section 7 provides that each province has a common seal and may alter it at its pleasure, but changes in the corporate seal must be registered with the Department of the Interior and Local Government (DILG).
Section 7 also authorizes each province to create sources of revenues and levy taxes, fees, and charges; to take and dispose of property for general interests; to expropriate or condemn private property for public use; to contract; and to prosecute and defend suits involving the province.
Section 8 provides that each province and its officials are not exempt from liability for death or injury to persons or damage to property.

Legislative districts and representation

Section 9 assigns each province its own legislative district composed of the municipalities enumerated in Section 3.
Section 9 provides that the legislative district takes effect upon the election and qualification of its representative to be held on the second Monday of May 2022.
Section 9 provides that the City of Cotabato is part of the Lone Legislative District of the Province of Maguindanao del Norte.
Section 9 provides that incumbent representatives of the present Province of Maguindanao continue to represent their respective legislative districts until the expiration of their terms of office.

Provincial officials and appointment rules

Section 10 requires each province to have the following provincial officials:
- provincial governor;
- provincial vice governor;
- regular members of the sangguniang panlalawigan;
- secretary to the sangguniang panlalawigan;
- provincial treasurer;
- provincial assessor;
- provincial accountant;
- provincial budget officer;
- provincial planning and development coordinator;
- provincial engineer;
- provincial health officer;
- provincial administrator;
- provincial legal officer;
- provincial agriculturist;
- provincial social welfare and development officers;
- provincial veterinarian; and
- provincial general services officer.
Section 10 authorizes the provincial governor to appoint additional officers including a provincial architect, provincial population officer, provincial environment and natural resources officer, provincial cooperatives officer, and provincial information officer.
Section 10 allows consolidation of functions of any office with those of another in the interest of efficiency, economy, and public welfare.
Section 10 states that, unless otherwise provided, heads of departments and offices are appointed by the provincial governor with the concurrence of a majority of all sangguniang panlalawigan members, subject to civil service law and rules.
Section 10 provides that the sangguniang panlalawigan must act on appointments within fifteen (15) days from submission; otherwise, appointments are deemed confirmed.
Section 11 requires the provincial governor’s official residence and office in the capital of the province during incumbency, and requires elective and appointive provincial officials to hold office in the provincial capital.
Section 11 allows, upon resolution of the sangguniang panlalawigan, elective and appointive provincial officials to hold office in any component city or municipality within the province for a period not more than seven (7) days for any given month.

Governor and vice governor duties

Section 12 provides that the provincial governor is the chief executive and exercises powers and duties under the Local Government Code of 1991, as amended, and other laws.
Section 12 requires the provincial governor to supervise and control provincial programs, projects, services, and activities, including:
- determining guidelines of provincial policies and being responsible to the sangguniang panlalawigan for the provincial program of government;
- directing formulation of the provincial development plan with the assistance of the provincial development council and implementing it upon approval;
- presenting the program of government and proposing policies and projects at the opening of the regular session every calendar year and as needed;
- initiating and proposing legislative measures to the sangguniang panlalawigan, and providing needed information and data;
- appointing officials and employees whose salaries and wages are wholly or mainly paid out of provincial funds, and other appointments authorized by law;
- representing the province in business transactions and signing bonds, contracts, and obligations upon authority of the sangguniang panlalawigan or pursuant to law or ordinance;
- carrying out emergency measures for man-made and natural disasters and calamities;
- determining the time, manner, and place of payment of salaries or wages in accordance with law or ordinances;
- allocating and assigning office space in the provincial capital and other buildings owned or leased by the provincial government;
- ensuring executive officials and employees discharge duties faithfully and causing administrative or judicial proceedings against officials or employees who commit offenses in performance of duties;
- examining books, records, and documents of all offices, officials, agents, and employees and requiring national officials and employees stationed in the province to make available relevant documents, except those classified as confidential;
- furnishing copies of executive orders within seventy-two (72) hours to the Office of the President after issuance;
- visiting component cities and municipalities at least once every six (6) months;
- acting on leave applications and the commutation of monetary value of leave credits according to law;
- authorizing official trips outside the province for a period not exceeding thirty (30) days;
- calling upon national officials or employees stationed in or assigned to the province for advice and recommendations and initiating actions against national officials or employees who commit offenses while stationed or assigned;
- authorizing payment for medical care, necessary transportation, subsistence, and hospital or medical fees for provincial officials and employees injured while in performance of official duties, subject to available funds;
- representing the province in inter-provincial or regional sports councils or committees and coordinating efforts for regional or national palaro activities;
- conducting an annual palarong panlalawigan coordinated with the Department of Education (DepEd);
- submitting to the Office of the President an annual report summarizing matters on management, administration, and development of the province and supplemental reports when unexpected events or man-made/natural disasters affect the general welfare; and
- enforcing laws and ordinances relative to provincial governance, ensuring component cities and municipalities act within their prescribed powers, issuing executive orders for enforcement, and formulating and implementing a peace and order plan in coordination with mayors and the National Police Commission under Republic Act No. 6975, as amended.
Section 12 grants the governor additional authority and duties including:
- initiating and maximizing generation of resources and revenues for development plans (including agro-industrial development and countrywide growth and progress);
- requiring office heads to prepare annual estimates of appropriations for the ensuing calendar year;
- preparing and submitting executive and supplemental budgets for approval;
- ensuring collection of taxes and revenues and payment of provincial expenses and settlement of obligations in accordance with law or ordinance;
- issuing licenses and permits and suspending or revoking them for violations of conditions, pursuant to law or ordinance;
- adopting measures to safeguard and conserve land, mineral, marine, forest, and other resources in coordination with mayors;
- implementing efficient property and supply management and safeguarding funds and property;
- instituting proceedings for violations of ordinances in the collection of taxes, fees, or charges and recovery of funds and property;
- ensuring delivery of basic services and adequate facilities under Section 17 of the Local Government Code of 1991, as amended; and
- coordinating construction and repair of roads and highways funded by the national government with provincial and component projects as far as practicable, and coordinating technical services by national offices for the province and its component cities and municipalities.
Section 12 requires the provincial governor to receive a minimum monthly compensation as prescribed under Republic Act No. 6758 (Compensation and Position Classification Act of 1989), as amended, and implementing guidelines.
Section 13 makes the provincial vice governor the presiding officer of the sangguniang panlalawigan and required to sign warrants drawn on the provincial treasury for expenditures appropriated for operation of the sanggunian.
Section 13 requires the provincial vice governor (subject to civil service law and rules) to appoint officials and employees of the sangguniang panlalawigan, except where appointment is specifically provided by existing laws.
Section 13 makes the vice governor assume the office of provincial governor for the unexpired term in the event of permanent vacancy under Section 44, Book I of the Local Government Code of 1991, as amended, and exercise governor powers in temporary vacancy under Section 46, Book I of the same Code.
Section 13 provides that the provincial vice governor receives monthly compensation as prescribed under the Compensation and Position Classification Act of 1989, as amended, and implementing guidelines.

Sanggunian composition and powers

Section 14 provides that the sangguniang panlalawigan is composed of:
- provincial vice governor as presiding officer;
- regular sangguniang panlalawigan members;
- president of the provincial chapter of the liga ng mga barangay;
- president of the panlalawigang pederasyon ng mga sangguniang kabataan; and
- president of the provincial federation of sanggunian members of municipalities and component cities; plus
- sectoral representatives.
Section 14 requires three (3) sectoral representatives: one (1) from the women’s sector, one (1) from the agricultural or industrial worker sector, and one (1) from other sectors including urban poor, indigenous cultural communities, or persons with disability.
Section 14 provides that regular members and sectoral representatives are elected in the manner provided by law and receive monthly compensation as prescribed under the Compensation and Position Classification Act of 1989, as amended.
Section 15 vests the sangguniang panlalawigan with legislative powers including enacting ordinances, approving resolutions, and appropriating funds for the general welfare of the province and its inhabitants pursuant to the Local Government Code of 1991, as amended.
Section 15 empowers the sanggunian to:
- review ordinances approved by component city and municipal sanggunians and executive orders issued by mayors to determine if within prescribed powers;
- maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for ordinance violations;
- approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one (1) year, or both, at the discretion of the court, for violation of a provincial ordinance;
- adopt disaster-prevention and relief measures and facilitate return to productive livelihood;
- enact ordinances addressing habitual drunkenness in public places, vagrancy, mendicancy, prostitution and houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and methods to obtain money or property, drug addition, maintenance of drug dens, drug pushing, juvenile delinquency, and the printing, distribution, or exhibition of obscene or pornographic materials or publications, and similar activities inimical to welfare and morals;
- protect the environment and impose penalties for acts such as dynamite fishing, destructive fishing methods, illegal logging and smuggling of logs, smuggling of natural resource products and endangered species of flora and fauna, slash-and-burn farming, irresponsible waste disposal, and activities causing pollution and ecological imbalance;
- determine powers and duties of provincial officials and employees subject to the Local Government Code of 1991 and other pertinent laws;
- determine positions, salaries, wages, allowances, emoluments, and benefits of officials and employees paid wholly or mainly from provincial funds and provide expenditures for proper conduct of provincial programs;
- authorize payment of compensation and honoraria for qualified persons filling temporary vacancies or designated to fill temporary vacancies in a concurrent capacity at rates authorized by law;
- provide a mechanism and funds for safety and protection of provincial government property and public documents/records such as property inventory, land ownership records, and records relating to assessments, taxation, accounts, and business permits;
- when finances allow, provide additional allowances and benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed or assigned to the province.

Legislative process: internal rules, disclosure, sessions

Section 16 requires the sanggunian, on the first regular session following election of its members and within ninety (90) days thereafter, to adopt or update existing rules of procedure.
Section 16 mandates rules to include: organization and election of officers; creation and general jurisdiction of standing committees (including appropriations, women and family, human rights, youth and sports development, environmental protection, peace and order, and cooperatives); order/calendar of business; legislative process; parliamentary procedures; discipline rules for disorderly behavior and absences for four (4) consecutive sessions including censure, reprimand, exclusion, suspension for not more than sixty (60) days, or expulsion.
Section 16 requires that suspension or expulsion needs concurrence of at least two-thirds (2/3) of all sanggunian members, and mandates automatic expulsion for a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude.
Section 17 requires every sangguniang panlalawigan member to make full disclosure of business and financial interests upon assumption to office.
Section 17 requires disclosure of any business, financial, professional relationship, or relation by affinity or consanguinity within the fourth civil degree with persons, firms, or entities affected by ordinances or resolutions under consideration that may result in conflict of interest.
Section 17 defines disclosure matters to include ownership of stocks/capital/investments and contracts or agreements affected by ordinances or resolutions under consideration.
Section 17 requires written disclosure submitted to the secretary of the sanggunian or secretary of the committee of membership, and requires that disclosure form part of the record of proceedings.
Section 17 requires disclosure to be made before deliberations participation, and if no participation occurs, before voting on second or third readings, and also requires disclosure when a member takes a position or makes a privilege speech on a matter that may affect the described business interest or relationships.
Section 18 provides that on the first day of session immediately following election, the sanggunian fixes the day, time, and place of regular sessions by resolution; regular sessions must be at least once a week.
Section 18 authorizes special sessions to be called by the provincial governor or by a majority of sanggunian members when public interest demands.
Section 18 requires sanggunian sessions to be open to the public unless a closed-door session is ordered by affirmative vote of a majority of members present with quorum, for public interest or reasons of security, decency, or morality; no two sessions may be held in a single day.
Section 18 requires written notice for special sessions to be served personally at members’ usual place of residence at least twenty-four (24) hours before the special session; no other matters may be considered unless otherwise concurred in by two-thirds (2/3) vote of members present with quorum.
Section 18 requires the sanggunian to keep a journal and record of proceedings that may be published by resolution.
Section 19 provides quorum: a majority of all elected and qualified members constitutes quorum to transact business.
Section 19 provides procedure when quorum is questioned: presiding officer calls the roll immediately and announces results; if no quorum, presiding officer may declare recess, or members may adjourn and may compel immediate attendance of absent member with police assistance; if still no quorum, presiding officer must adjourn for lack of quorum upon proper motion duly approved.

Ordinance approval and veto mechanics

Section 20 requires every ordinance enacted by the sanggunian to be presented to the provincial governor for approval.
Section 20 provides that the provincial governor must sign each and every page of the ordinance to signify approval; otherwise, the governor vetoes and returns the ordinance stating reasons.
Section 20 provides that the sanggunian may override the governor’s veto by two-thirds (2/3) vote of all its members, making the ordinance or resolution effective for all legal intents and purposes.
Section 20 requires communication of veto within fifteen (15) days from receipt; otherwise, the ordinance is deemed approved as if signed.
Section 21 provides that the provincial governor may veto an ordinance on the ground it is prejudicial to public welfare and return it with reasons.
Section 21 authorizes itemized veto of particular items of an appropriation ordinance, an ordinance or resolution adopting a local development plan and public investment program, or an ordinance directing payment of money or creating liability, and provides that vetoed items do not take effect unless overridden.
Section 21 provides that if not overridden, vetoed items are replaced by the corresponding items in the appropriation ordinance of the previous year, if any, deemed reenacted.
Section 21 limits governor veto power to one (1) time for an ordinance, and the sanggunian’s two-thirds (2/3) override makes the ordinance effective even without governor approval.

Succession rules for elective officials

Section 22 provides permanent vacancy succession for the provincial governor:
- if permanent vacancy occurs in governor’s office, the provincial vice governor becomes governor, or if permanently unable, the highest ranking sanggunian member becomes governor;
- if permanent vacancy occurs in vice governor’s office, the highest ranking sanggunian member becomes vice governor, or if permanently unable, the highest ranking sanggunian member becomes vice governor again for subsequent application as stated.
Section 22 defines permanent vacancy to arise when an elective official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or otherwise becomes permanently incapacitated to discharge the functions of the office.
Section 22 provides that ties among the highest ranking sanggunian members are resolved by drawing of lots.
Section 22 provides that successors serve only the unexpired terms of predecessors.
Section 22 provides that ranking in the sanggunian for succession is determined based on the proportion of votes obtained by each winning candidate to the total number of registered voters in the province in the immediately preceding local elections.
Section 23 provides how to fill permanent vacancies in the sanggunian where automatic succession does not apply: the vacancy is filed by appointment by the President through the Executive Secretary.
Section 23 requires that only the nominee of the political party under which the concerned sanggunian member was elected may be appointed, and the appointee must come from the same political party and serve the unexpired term.
Section 23 requires nomination and a certificate of membership from the highest official of the political party as conditions sine qua non; appointments without nomination/certification are null and void ab initio and grounds for administrative action against the responsible official.
Section 23 provides that if the permanent vacancy is caused by a sanggunian member not belonging to any political party, the provincial governor shall, upon recommendation of the sanggunian, appoint a qualified person to fill the vacancy.
Section 23 provides automatic filling by next-in-rank officials for vacancies in representation of the sangguniang kabataan, the sangguniang barangay, and the provincial league of councilors in the sanggunian.
Section 24 provides rules for temporary vacancy/incapacity of the provincial governor:
- the vice governor automatically exercises the powers and performs duties except the power to appoint, suspend, or dismiss employees, which may be exercised only if the period of temporary incapacity exceeds thirty (30) working days;
- temporary incapacity terminates upon submission to the sangguniang panlalawigan of a written declaration by the governor that the governor has reported back to office, and for legal causes, submission of documents showing the legal cause no longer exists.
Section 24 allows the governor to designate in writing an officer-in-charge when traveling within the country outside the territorial jurisdiction for up to three (3) consecutive days, specifying which powers/functions may be exercised, except appoint/suspend/dismiss employees.
Section 24 provides that if the governor fails or refuses to issue authorization, the vice governor assumes powers and duties on the fourth (4th) day of the governor’s absence, subject to limitations.
Section 24 prohibits authorizing other local officials to assume the powers and duties of the provincial governor except as provided for the officer-in-charge designation under the stated subsections.

Appointive officers: qualifications and functions

Section 25 requires a secretary to the sanggunian who is a career official with rank and salary equal to a head of a department or office.
Section 25 requires the secretary be a citizen of the Philippines, resident of the province, of good moral character, preferably holding a college degree in law, commerce, or public administration, and being a first grade civil service eligible or equivalent; appointment is mandatory.
Section 25 assigns the secretary responsibilities including attending meetings, keeping a journal, keeping the seal and affixing it on ordinances/resolutions and signing before presiding officer signature, forwarding certified copies of enacted ordinances to the provincial governor for approval, furnishing copies to concerned component unit sanggunians after approval, providing certified records upon payment of fees prescribed by ordinance, recording ordinances/resolutions with dates of passage and publication, keeping office nonconfidential records open during business hours, translating ordinances/resolutions into the dialect used by the majority and causing publication with the original version, custody of local archives and annual accounting, and performing other functions as prescribed by law or ordinance.
Section 26 makes provincial treasurer appointment mandatory and provides that the treasurer is appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the provincial governor, subject to civil service law.
Section 26 requires treasurer qualifications including citizenship, residence, good moral character, preferably a college degree in commerce, public administration, or law, first grade civil service eligibility or equivalent, and at least five (5) years experience in treasury or accounting service; treasurer is under administrative supervision of the governor and must regularly report tax collection efforts.
Section 26 requires the treasurer to: take charge of the treasury office and perform duties under the Local Government Code of 1991, and specifically to advise on disposition of funds, take custody and manage funds, take charge of disbursement, inspect private commercial and industrial establishments for tax ordinance implementation, maintain and update the tax information system, exercise technical supervision over component treasury offices, and perform other duties prescribed by law or ordinance.
Section 27 makes provincial assessor appointment mandatory and requires qualifications including being a real estate service practitioner as provided under Republic Act No. 9646, citizenship, residence, good moral character, preferred degree in civil/mechanical engineering, commerce or related course, first grade civil service eligibility or equivalent, and at least five (5) years experience in real property assessment work or related field.
Section 27 requires the assessor to execute appraisal and assessment laws/policies, initiate and recommend valuation policies and methods, establish systematic real property assessment, install/maintain real property identification and accounting systems, prepare/install/maintain tax mapping and gather assessment data, conduct frequent physical surveys, conduct appraisal/assessment primarily for taxation, prepare schedules of fair market values, issue certified copies of assessment records upon payment of a service charge/fee to the provincial treasurer, submit every semester a report of assessments and cancellations/modifications to the provincial governor and sangguniang panlalawigan, and exercise technical supervision/visitorial functions over component city and municipal assessors (with delegation upon component provision of minimum personnel, equipment, and funding requirements prescribed by the Secretary of Finance), plus other duties prescribed by law or ordinance.
Section 28 makes provincial accountant appointment mandatory and requires the accountant be a citizen, resident, good moral character, a certified public accountant, with at least five (5) years experience in treasury or accounting service; the accountant takes charge of accounting and internal audit services.
Section 28 requires the provincial accountant to install and maintain an internal audit system, prepare and submit financial statements, apprise the sanggunian and officials on financial condition and operations, certify availability of budgetary allotment for