Law Summary
Composition of the New Provinces
- Palawan del Norte includes Coron, Culion, Busuanga, Linapacan, Taytay, and El Nido.
- Palawan Oriental comprises Roxas, Araceli, Dumaran, Cuyo, Agutaya, Magsaysay, Cayancillo, and San Vicente.
- Palawan del Sur consists of Aborlan, Narra, Quezon, Rizal, Española, Brooke's Point, Bataraza, Balabac, and Kalayaan.
Territorial Jurisdiction and Boundaries
- The three provinces collectively encompass all islands of the original Palawan Province.
- Territorial boundaries are based on the municipalities' existing metes and bounds.
- Boundary disputes are to be resolved by appropriate agencies, with current administrative control maintained until resolution.
Capitals and Seats of Government
- Capitals are Taytay (Palawan del Norte), Roxas (Palawan Oriental), and Brooke's Point (Palawan del Sur).
Corporate Powers and Legal Status
- Each province is a political and corporate entity with perpetual succession.
- Powers include suing and being sued, using a corporate seal, acquiring and conveying property, entering into contracts, and exercising other corporate powers within legal limits.
General Provincial Powers
- Authority to establish revenue sources, levy taxes, manage property, expropriate for public use, contract, and enforce laws.
- Provinces have their own corporate seal registered with the DILG.
Liability
- Provinces and their officials are liable for death, injury, or property damage.
Legislative Districts and Representation
- Each new province will have legislative districts aligned with its municipalities effective in 2022 elections.
- The City of Puerto Princesa will also have its own legislative district starting 2022.
- Current representatives will serve until successors are elected and qualified.
Share in National Wealth Proceeds
- Provinces are entitled to equitable shares from taxes, royalties, fees, and charges related to national wealth within their jurisdiction.
- A combined minimum allocation of 40% of certain national government collections is mandated.
- Shares are divided equally among the three provinces and further apportioned to provinces, municipalities, and barangays (60%, 24%, and 16% respectively).
Jurisdiction for Police and Environmental Protection
- Police jurisdiction corresponds to provincial boundaries and also covers water supply drainage areas and adjacent territories.
Provincial Officials and Appointments
- Each province will have a provincial governor, vice governor, sangguniang panlalawigan members, and a range of appointed officers including accountant, budget officer, planning coordinator, engineer, health officer, legal officer, agriculturist, veterinarian, general services officer, and optional positions such as architect and population officer.
- Appointments require concurrence of the majority of the sangguniang panlalawigan and adherence to civil service laws.
- Officials' compensation is governed by existing laws and budgetary constraints.
Residence and Offices of Officials
- Provincial governor's residence and office must be in the provincial capital.
- Other officials hold office in the capital but may hold office temporarily in any municipality with sangguniang panlalawigan resolution.
Powers and Duties of the Provincial Governor
- Chief executive of the province with duties under the Local Government Code and other laws.
- Supervises all provincial programs, projects, services; formulates policies; presides over development planning; initiates legislation; appoints officials; represents the province in transactions; handles emergencies; manages salaries; reviews official compliance; enforces laws; coordinates peace and order planning; generates revenues; ensures service delivery.
- Authorized to carry firearms within the province.
- Reports on provincial governance annually and as needed.
Provincial Vice Governor’s Role
- Presides over sangguniang panlalawigan; manages its expenditures; appoints sanggunian officials; assumes governorship in vacancies; performs duties during governor’s temporary absence; performs other lawful functions.
Composition and Powers of the Sangguniang Panlalawigan
- Legislative body includes the vice governor, regular members, presidents of provincial associations, and three sectoral representatives (women, workers, other marginalized sectors).
- Enacts ordinances, resolutions, imposes fines and penalties, manages land use, protects environment, adopts development plans, sets salaries and positions, authorizes expenditures, and supports various welfare programs.
- Manages revenues, taxes, fees, loans, bonds, franchises.
- Ensures delivery of social, health, educational, environmental, and cultural services.
- Members receive a specified monthly compensation.
Legislative Procedures
- Sanggunian adopts or updates internal rules within 90 days post-election, covering organization, committees, session rules, discipline, and parliamentary procedures.
- Members must disclose financial and business interests and conflicts of interest before deliberations and voting.
- Regular sessions occur at least weekly; special sessions are called as needed.
- Sessions are generally public with provisions for closed sessions.
- Quorums require majority attendance; enforcement includes adjournment or compelling attendance.
Ordinance Approval and Veto
- Ordinances presented to governor for approval or veto; vetoes are communicated within 15 days.
- Sangguniang Panlalawigan can override veto with two-thirds vote.
- Governor’s veto power includes item veto on appropriation and financial ordinances.
Succession of Elective Officials
- Vice governor succeeds governor upon permanent vacancy; highest ranking sangguniang member next in line if needed.
- Ranking determined by proportion of votes.
- Vacancies in sangguniang panlalawigan filled by Presidential appointment of party nominees or governor's appointment if no party affiliation.
- Temporary vacancies handled by vice governor exercising limited powers.
Qualifications and Duties of Appointive Officers
- Mandatory positions include secretary to sanggunian, treasurer, assessor, accountant, budget officer, planning coordinator, engineer, health officer, administrator, legal officer, agriculturist, social welfare officer, veterinarian, general services officer.
- Optional positions include architect, population officer, environment and natural resources officer, cooperatives officer, information officer.
- Qualifications generally include residency, moral character, relevant degree, civil service eligibility, and work experience.
- Duties focus on policy formulation, technical assistance, planning, supervision, enforcement of laws, and frontline service delivery especially during disasters.
Provincial Fire, Jail, Schools and Prosecution Services
- Establishment of at least five fire stations, headed by a provincial fire marshal.
- Creation of district jail managed by a provincial jail warden ensuring humane treatment.
- DepEd to establish a provincial schools division headed by a qualified superintendent.
- DOJ to establish a provincial prosecution service led by a provincial prosecutor and assistants, handling local criminal prosecutions.
Plebiscite and Formation Process
- The division effective upon majority approval in plebiscite scheduled for May 2020.
- Provinces begin corporate existence upon election and qualification of officials in May 2022.
- Allocation of properties, assets, funds, and existing projects proportionate to income of composing municipalities.
- Shared management for properties in Puerto Princesa with consensus agreements.
- Transition financed and implemented by existing Palawan government until new provinces are operational.
Governing Laws, Separability, and Effectivity
- Provisions of the Local Government Code and other applicable laws govern the provinces unless inconsistent with this Act.
- Invalidity of any provision does not affect remaining provisions.
- Act takes effect 15 days after publication in the Official Gazette or newspapers of general circulation.
This comprehensive outline presents the key components of the law, covering formation, governance structures, powers, duties, legislative procedures, public services, and transitional arrangements for the division of the Province of Palawan.