Division of Palawan into three provinces

Division into three provinces

Section 2 divides the Province of Palawan into three (3) distinct and independent provinces: Palawan del Norte, Palawan Oriental, and Palawan del Sur.
Palawan del Sur is designated as the mother province.
Section 3 sets the municipalities comprising each new province:
- Palawan del Norte: Coron, Culion, Busuanga, Linapacan, Taytay, El Nido.
- Palawan Oriental: Roxas, Araceli, Dumaran, Cuyo, Agutaya, Magsaysay, Cayancillo, San Vicente.
- Palawan del Sur: Aborlan, Narra, Quezon, Rizal, EspaAola, Brooke's Point, Bataraza, Balabac, Kalayaan.

Territorial jurisdiction and boundaries

Section 4 states that the three provinces are comprised of all the islands of the present Province of Palawan.
Section 4 provides that the terrestrial jurisdictions of the new provinces are within the present metes and bounds of all the municipalities that comprise each respective province.
Section 4 preserves existing boundary litigation by providing that the rules are without prejudice to resolutions by the appropriate agency or forum of existing boundary disputes or cases involving questions of territorial jurisdiction.
Section 4 requires that the territorial boundaries of the disputed area remain with the local government unit that has existing administrative supervision over the area until final resolution of the case.

Capital towns and seats of government

Section 5 designates the capital town and seat of government of each province as:
- Palawan del Norte: Taytay
- Palawan Oriental: Roxas
- Palawan del Sur: Brooke's Point

Corporate powers and provincial liability

Section 6 declares each province to be a political body corporate with perpetual succession and provincial corporate powers exercisable in accordance with the charter and the Local Government Code of 1991, as amended.
Section 6 grants each province corporate powers to:
- exercise continuous succession in its corporate name;
- sue and be sued;
- use a corporate seal;
- acquire and convey real or personal property;
- enter into contracts; and
- exercise other corporate powers granted by law, subject to limitations in the Local Government Code and other laws.
Section 7 provides that each province shall have a common seal and may alter it at its pleasure, but any change in the corporate seal must be registered with the Department of Interior and Local Government (DILG).
Section 8 mandates that each province and its officials are not exempt from liability for death or injury to persons or damage to property.

Legislative districts, elections, and members

Section 9 establishes that each created province has its own legislative districts comprising the municipalities enumerated in Section 3.
Section 9 makes the legislative districts effective upon the election and qualification of representatives held on the second Monday of May in the year 2022.
Section 9 provides that the City of Puerto Princesa has its own legislative district effective upon the election and qualification of its representative held on the second Monday of May in the year 2022.
Section 10 provides that the incumbent Representatives of the present Province of Palawan continue to represent their respective districts until new representatives are elected, qualified, and assume office.

Share in national wealth proceeds

Section 11 entitles the provinces of Palawan del Norte, Palawan Oriental, and Palawan del Sur to equitable shares in the proceeds from the utilization and development of the national wealth within their terrestrial and maritime jurisdiction.
Section 11 requires that, in addition to the internal revenue allotment, the three provinces together receive a combined share of not less than forty percent (40%) of the gross collection derived by the national government from the preceding fiscal year from specified national wealth-related sources, including:
- mining taxes, royalties, forestry and fishery charges, and other related taxes, fees, charges (including related surcharges, interests, or fines), and related co-productions, joint venture, or production sharing agreements;
- specified administrative charges accruing to the national government, whether collected by national agencies or, in certain cases, by the provinces;
- and proceeds that the provinces actually collect and automatically retain at at least forty percent (40%), which shall not form part of the revenue base for computing the forty percent (40%) share.
Section 11 provides that each province’s share is based on a formula that is whichever produces a higher amount:
- One percent (1%) of the gross sales or receipts of the preceding calendar year; or
- Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and other taxes, fees or charges (including related surcharges, interests, or fines) that the NGA or GOCC would have paid if not otherwise exempt.
Section 11 requires that the three provinces’ shares be divided equally and automatically released, and then further divided in favor of municipalities and barangays as follows:
- Province: sixty percent (60%)
- Municipality: twenty-four percent (24%)
- Barangay: sixteen percent (16%)

Police jurisdiction of provinces

Section 12 provides that, for police and law enforcement, the jurisdiction of each province is coextensive with its respective territorial boundary.
Section 12 extends police jurisdiction for purposes of ensuring the purity of the water supply to:
- all territory within the drainage area of the water supply source; or
- within one hundred (100) meters of any connection with the province’s water service.

Provincial officials and staffing

Section 13 establishes the provincial offices in each province, requiring the presence of:
- provincial governor, provincial vice governor,
- regular members of the sangguniang panlalawigan,
- secretary to the sangguniang panlalawigan,
- provincial accountant, provincial budget officer, provincial planning and development coordinator, provincial engineer, provincial health officer, provincial administrator, provincial legal officer, provincial agriculturist, provincial veterinarian, and provincial general services officer.
Section 13 allows the provincial governor to appoint additional officers, including provincial architect, provincial population officer, provincial environment and natural resources officer, provincial cooperatives officer, and provincial information officer.
Section 13 authorizes the sangguniang panlalawigan to:
- maintain existing offices not mentioned in the charter provisions;
- create other offices necessary for provincial government purposes; or
- consolidate functions of offices for efficiency and economy.
Section 13 provides that, unless otherwise provided, department and office heads are appointed by the provincial governor with the concurrence of the majority of all sangguniang panlalawigan members, subject to civil service law and rules; the sangguniang panlalawigan must act within fifteen (15) days, otherwise the appointment is deemed confirmed.
Section 13 provides appointment compensation rules subject to budgeting limitations and bars increases taking effect until after the expiration of the full term of elective officials approving such increase.

Residence and office locations

Section 14 provides that the official residence and office of the provincial governor is in the capital of the province during incumbency.
Section 14 provides that all elective and appointive provincial officials hold office in the provincial capital.
Section 14 allows, upon resolution of the sangguniang panlalawigan, elective and appointive officials to hold office in any component city or municipality within the province for a period not more than seven (7) days per month for a given month.

Governor: powers, duties, supervision

Section 15 makes the provincial governor the chief executive of the provincial government and requires exercise of powers and performance of duties under the Local Government Code of 1991, as amended, and other laws.
Section 15 requires the governor to exercise general supervision and control over all provincial government programs, projects, services, and activities, including responsibility for the provincial government program and oversight of provincial planning and reporting to the sanggunian.
Section 15 requires the governor to present the program of government and propose policies and projects to the sangguniang panlalawigan at the opening of the regular session every calendar year and as needed for general welfare.
Section 15 empowers the governor to perform key executive functions, including:
- appoint officials and employees whose salaries and wages are wholly or mainly paid out of provincial funds when appointments are not otherwise provided by the Act, and those the governor may be authorized by law to appoint;
- represent the province in business transactions and sign bonds, contracts, obligations, and other documents upon authority of the sanggunian or pursuant to law or ordinance;
- carry out emergency measures for man-made and natural disasters and calamities;
- examine provincial books, records, and documents; and require availability of records from national officials stationed in the province except confidential records classified by law;
- furnish copies of executive orders issued to the Office of the President within seventy-two (72) hours after issuance;
- visit component cities and municipalities at least once every six (6) months;
- approve leave applications and authorize commutation of leave credits in accordance with law;
- authorize official trips outside the province for a period not exceeding thirty (30) days;
- coordinate with national officials stationed in the province and initiate actions when offenses are committed while stationed or assigned;
- authorize payment for medical care and related needs of provincial officials and employees injured in official duties subject to available funds;
- coordinate sports development, conduct an annual palarong panlalawigan with traditional sports and disciplines in coordination with Department of Education (DepEd); and
- submit to the Office of the President annual and supplemental reports.
Section 15 requires the governor to enforce laws and ordinances, implement approved policies and programs, ensure component units act within prescribed powers, issue executive orders, and entitles the governor to carry necessary firearms within the province’s territorial jurisdiction.
Section 15 requires coordination to formulate and implement the peace and order plan in accordance with Republic Act No. 6975, as amended (“Department of the Interior and Local Government Act of 1990”), and empowers the governor to call on national law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition or apprehend violators when public interest requires and local police forces are inadequate.
Section 15 requires the governor to initiate and maximize resource and revenue generation to fund development plans, including requiring office heads to submit estimates of appropriations, preparing executive and supplemental budgets for sanggunian approval, ensuring collection of provincial revenues, safeguarding provincial funds, and instituting proceedings for ordinance violations in tax collection.
Section 15 requires the governor to ensure delivery of basic services and adequate facilities and mandates coordination of road and highway construction financed by the national government where practicable and coordination of technical services.
Section 15 sets the governor’s minimum monthly compensation at a level corresponding to Salary Grade Thirty (30) under Republic Act No. 6758, as amended (“Compensation and Position Classification Act of 1989”).

Vice governor: presiding and succession functions

Section 16 makes the provincial vice governor the presiding officer of the sangguniang panlalawigan and requiring the signing of warrants drawn on the provincial treasury for expenditures appropriated for the operation of the sanggunian.
Section 16 authorizes the vice governor, subject to civil service laws and rules, to appoint officials and employees of the sanggunian except where appointment is specifically provided by existing laws.
Section 16 provides that the vice governor assumes office as governor for the unexpired term in events of permanent vacancy and performs governor functions in events of temporary vacancy, consistent with the Local Government Code provisions referenced in the charter.
Section 16 sets the vice governor’s monthly compensation at a level corresponding to Salary Grade Twenty-eight (28) under Republic Act No. 6758, as amended.

Sangguniang panlalawigan composition and sectoral seats

Section 17 provides that the sangguniang panlalawigan is the provincial legislative body composed of:
- the provincial vice governor as presiding officer;
- regular sanggunian members;
- president of the provincial chapter of the liga ng mga barangay;
- president of the panlalawigang pederasyon ng mga sangguniang kabataan;
- president of the provincial federation of sanggunian members of municipalities and component cities; and
- three (3) sectoral representatives.
Section 17 provides that three (3) sectoral representatives come from:
- one (1) from the women sector; and
- within ninety (90) days prior to local elections, one (1) from the agricultural or industrial workers sector; and one (1) from other sectors, including the urban poor, indigenous cultural communities, or persons with disability.
Section 18(b) sets that regular members and sectoral representatives receive monthly compensation corresponding to Salary Grade 27 under the Revised Compensation and Position Classification Act of 1989, as amended.

Legislative powers, ordinances, appropriations

Section 18(a) requires the sangguniang panlalawigan to enact ordinances, approve resolutions, and appropriate funds for the general welfare of the province and its inhabitants in accordance with the Local Government Code and provincial corporate powers.
Section 18(a)(1) requires the sangguniang panlalawigan to review ordinances and executive orders of component cities and municipalities and mayors to ensure they are within prescribed powers.
Section 18(a)(1) requires the sanggunian to maintain peace and order through measures preventing and suppressing lawlessness, disorder, riot, violence, rebellion, or sedition and imposing penalties for ordinance violations.
Section 18(a)(1)(iii) allows the sanggunian to approve ordinances imposing a fine not exceeding PHP 5,000.00 or imprisonment not exceeding one (1) year, or both, at the direction of the court, for violation of a provincial ordinance.
Section 18(a)(1) requires ordinances and measures to:
- protect inhabitants from harmful effects of disasters and calamities and provide relief and assistance for victims;
- prevent and suppress habitual drunkenness in public places, vagrancy, mendicancy, prostitution, house of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, and distribution or exhibition/publication of obscene or pornographic materials, among other activities inimical to welfare and morale;
- protect the environment and impose penalties for acts endangering the environment, including dynamite fishing and other destructive fishing, illegal logging and smuggling of logs, smuggling of natural resource products and endangered species of flora and fauna, slash-and-burn farming and other pollution-producing or ecological-imbalance activities;
- determine powers and duties of provincial officials and employees subject to the Local Government Code and pertinent laws;
- determine positions and salaries, wages, allowances, emoluments and benefits for officials and employees paid wholly or mainly from provincial funds; and
- authorize payment of compensation or honorarium for temporary vacancies in the manner authorized by law.
Section 18(a)(2) requires the sanggunian to generate and maximize resources and revenues, enact annual and supplemental appropriations, and, subject to legal conditions and majority vote, enact ordinances levying taxes, fees and charges and granting tax exemptions, incentives, or reliefs; authorize the provincial governor to negotiate and contract loans; and enact ordinances authorizing the floating of bonds or other indebtedness instruments for development projects.
Section 18(a)(2) authorizes the sanggunian to appropriate funds for construction, maintenance, or rental of buildings for provincial use and authorize leasing to private parties held in proprietary capacity subject to existing laws.
Section 18(a)(3) allows the sanggunian to grant franchises, approve issuance of permits or licenses, or enact ordinances levying taxes, fees and charges under conditions intended to promote general welfare, including:
- fixing reasonable fees and charges for services rendered by the provincial government; and
- regulating and fixing license fees for activities under the Local Government Code.
Section 18(a)(4) requires the sanggunian to approve ordinances ensuring delivery of basic services and adequate facilities, including measures against pollution and environmental ecosystem preservation; facilitating waterworks systems/district waterworks; establishing vocational and technical schools with DepEd approval and fixing reasonable tuition fees and other school charges for educational institutions supported by the provincial government (subject to existing laws); establishing a scholarship fund for poor but deserving students; adopting quarantine regulations; providing care and facilities for specified vulnerable persons and groups, including programs for children and youth below eighteen (18) years of age subject to available funds; maintaining jails and detention centers; and establishing councils for culture and arts and for the elderly (with incentives for support by nongovernmental agencies and entities), subject to availability of funds.
Section 18(a)(5) requires the sanggunian to perform other duties and exercise other powers under the Local Government Code and as prescribed by law or ordinance.

Internal rules, discipline, and procedures

Section 19 requires the sangguniang panlalawigan to adopt or update its rules of procedure on the first regular session following election of its members and within ninety (90) days thereafter.
Section 19(b)(1) requires rules to cover organization, election of officers, and creation of standing committees (including committees on appropriations, women and family, human rights, youth and sports development, environmental protection, peace and order and traffic, and cooperatives), general committee jurisdiction, and election of committee chairpersons and members.
Section 19(b)(2)-(4) requires rules on the calendar of business, legislative process, and parliamentary procedures including conduct of members.
Section 19(b)(5) establishes disciplinary measures for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, including censure, reprimand, exclusion, suspension up to sixty (60) days, or expulsion.
Section 19(b)(5) requires that suspension or expulsion needs concurrence of at least two-thirds (2/3) of all sanggunian members and requires automatic expulsion for members convicted by final judgment to imprisonment of at least one (1) year for crimes involving moral turpitude.
Section 19(b)(6) authorizes adoption of other rules as the sanggunian may adopt.

Financial disclosure and conflict of interest

Section 20(a) requires each sanggunian member, upon assumption to office, to make full disclosure of business and financial interests and disclose relationships by affinity or consanguinity within the fourth civil degree with persons or entities affected by ordinances or resolutions under consideration that may create conflict of interest.
Section 20(a) defines conflict of interest as a circumstance where it may be reasonably deduced that a sanggunian member may not act in the public interest due to private, pecuniary or other personal considerations affecting judgment to the prejudice of service or public.
Section 20(a)(1)-(2) requires disclosure to include:
- ownership of stock/capital/investment in affected entities; and
- contracts or agreements with persons or entities affected by the ordinances or resolutions.
Section 20(b) requires written disclosure submitted to the secretary of the sanggunian or secretary of the committee of which the member is a member.
Section 20(b) requires disclosure to be part of the record of proceedings and to be filed:
- before participating in deliberations; or if the member does not participate, before voting on the ordinance or resolution on second and third readings; and
- when the member takes a position or makes a privilege speech on matters affecting the declared interests, financial connections, or professional relationships.

Sessions, notice, openness, and records

Section 21(a) requires the sanggunian, by resolution on the first day of session after election, to fix the day, time, and place of regular sessions and requires at least once a week minimum regular sessions.
Section 21(b) authorizes special sessions when public interest demands, called by the provincial governor or by majority of sanggunian members.
Section 21(c) mandates that sessions are open to the public unless a closed-door session is ordered by an affirmative vote of a majority of members present, with quorum, for the public interest or reasons of security, decency, or morality; it also prohibits holding two (2) sessions in a single day.
Section 21(d) requires written notice for special sessions served personally to members at their usual place of residence at least twenty-four (24) hours before the special session, and restricts consideration to matters stated in the notice unless a two-thirds (2/3) vote of members present, with quorum, concurs otherwise.
Section 21(e) requires keeping a journal and record of proceedings, which may be published upon sanggunian resolution.

Quorum rules for sanggunian business

Section 22(a) provides that a majority of all elected and qualified sanggunian members constitutes quorum to transact business.
Section 22(a) directs that when quorum is questioned, the presiding officer must immediately call the roll and announce results.
Section 22(b) allows the presiding officer to declare recess until quorum is constituted or allows a majority of members present to adjourn and compel attendance of an absent member without justifiable cause by designating members of the sanggunian and police force assigned in the province’s territory to arrest the absent member and present him or her in session.
Section 22(c) provides that if no quorum remains despite enforcement, no business shall be transacted and the presiding officer, upon proper motion approved by members present, declares the session adjourned for lack of quorum.

Approval and veto of provincial ordinances

Section 23(a) requires every ordinance to be presented to the provincial governor; if approved, the governor must sign each page; if vetoed, the governor returns it with objections for reconsideration.
Section 23(a) allows the sanggunian to override the veto by a two-thirds (2/3) vote of all its members, making the ordinance effective for all legal intents and purposes.
Section 23(b) provides that the governor must communicate the veto within fifteen (15) days, otherwise the ordinance is deemed approved as if signed.
Section 24(a) authorizes the governor to veto ordinances on the ground they are prejudicial to the public welfare, stating reasons in writing.
Section 24(b) authorizes item veto of particular items in appropriation ordinances, ordinances or resolutions adopting the local development plan and public investment program, or ordinances directing payment of money or creating liability; vetoed items do not take effect unless overridden, and non-vetoed items remain unaffected.
Section 24(b) provides that vetoed appropriation items are deemed reenacted through the previous year’s corresponding appropriations if the sanggunian does not override.
Section 24(c) limits the governor’s veto power to vetoing an ordinance or resolution only once, with override allowed by two-thirds (2/3) vote of all sanggunian members.

Succession for elective officials

Section 25 provides succession for the provincial governor:
- permanent vacancy in governor office results in automatic assumption by the provincial vice governor, or if permanently unable, by the highest ranking sanggunian member;
- permanent vacancy in vice governor results in automatic assumption by the highest ranking sanggunian member, or if permanently disabled, by the highest ranking sanggunian member as provided.
Section 25 defines permanent vacancy as arising when an elective official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated.
Section 25 provides that successors serve only the unexpired terms of predecessors.
Section 25(1) resolves ties among highest ranking sanggunian members by drawing of lots.
Section 25(4) provides that ranking in the sanggunian is determined by the proportion of votes obtained by each winning candidate to total registered voters in the province in the immediately preceding local elections.
Section 26(a)-(b) provides that permanent vacancies in the sangguniang panlalawigan (where automatic succession does not apply) are filled by appointment by the President through the Executive Secretary, and the appointee must come from the same political party as the member whose elevation created the last vacancy.
Section 26(b) requires that nomination and certificate of membership from the highest official of the political party are conditions sine qua non, and any appointment without them is null and void ab initio and grounds for administrative action against the responsible official.
Section 26(c) provides that if the vacancy is caused by a sanggunian member with no political party, the provincial governor, upon recommendation of the sanggunian panlalawigan, appoints a qualified person.
Section 26(d) provides automatic filling for vacancies in the sangguniang kabataan, barangay, and provincial league representation by the official next-in-rank of the organization concerned.
Section 27 establishes succession for temporary vacancies in the governor’s office by requiring that the vice governor automatically exercises governor powers and functions when the governor is temporarily incapacitated for physical or legal reasons, except the power to appoint, suspend, or dismiss employees unless incapacity exceeds thirty (30) working days.
Section 27(b) terminates temporary incapacity upon submission to the sangguniang panlalawigan of a written declaration