Title
Charter creating Quezon del Sur province
Law
Republic Act No. 9495
Decision Date
Sep 7, 2007
Republic Act No. 9495 establishes the Province of Quezon del Sur, delineating its municipalities, governance structure, and legislative districts, while renaming the original Province of Quezon as Quezon del Norte.
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Capital Towns and Seat of Government

  • Gumaca is designated as the capital and seat of government for Quezon del Sur.
  • Lucena City remains the capital and seat for Quezon del Norte.

Corporate and General Powers of the Province

  • Quezon del Sur is recognized as a political body corporate with perpetual succession.
  • Has powers to sue and be sued, hold property, enter contracts, and exercise other powers under the law.
  • Authority to levy taxes, manage public properties, and expropriate for public use.
  • Not exempt from liability for death or injury caused.

Legislative Districts

  • Quezon del Sur is divided into two legislative districts, defining the included municipalities for each.
  • Quezon del Norte retains the original legislative districts.

Jurisdiction for Police and Courts

  • Police jurisdiction covers entire provincial territory and protection of water supply sources.
  • Adjoining municipal courts retain jurisdiction over crimes committed in the province.
  • Licensing within the province governed by local authorities.

Provincial Officials and Government Structure

  • Comprehensive list of provincial officials, including governor, vice governor, and various officers in key departments.
  • Provincial governor holds extensive executive powers as outlined in the Local Government Code.
  • Details on appointment procedures and official residence requirements.

Powers, Duties, and Functions of the Provincial Governor

  • General supervision over provincial programs and projects.
  • Authority to appoint officials, execute contracts, and implement emergency measures.
  • Performs budgetary functions, policy guidance, and ensures enforcement of laws.
  • Powers to call meetings, coordinate public safety, and represent the province.

Role and Powers of the Provincial Vice Governor

  • Presides over the legislative body and manages appointments within the sangguniang panlalawigan.
  • Assumes governor’s office in case of vacancy or temporary incapacity.

Sanggunian Panlalawigan (Legislative Body) Composition

  • Includes the vice governor, regular members, presidents of barangay, youth councils, and sectoral representatives.
  • Representatives from women, labor, and marginalized sectors included.

Legislative Functions and Powers

  • Enact ordinances and resolutions for provincial welfare.
  • Taxation powers including levying fees and granting incentives.
  • Environmental protection measures and enforcement of laws about public morals and order.
  • Control over land use, public utilities, markets, and local businesses.
  • Authority to regulate public health, safety, transportation, and social welfare services.
  • Mandated to promote cultural, educational, and veteran programs.

Legislative Procedures

  • Rules of procedure to be adopted within 90 days after members assume office.
  • Committees created for various governance matters.
  • Rules cover discipline, parliamentary and legislative processes.

Disclosure and Conflict of Interest

  • Mandatory disclosure of financial and business interests by sanggunian members.
  • Provisions to prevent conflicts of interest during legislative deliberations.

Sessions, Quorum, and Ordinance Approval

  • Regular sessions at least once a week; special sessions may be called.
  • Quorum requires majority of elected and qualified members; enforcement mechanisms for absenteeism provided.
  • Governor has veto powers over ordinances, including item veto on budgetary ordinances.
  • Ordinances vetoed may be overridden by two-thirds of the sanggunian members.

Qualification and Succession of Elective Provincial Officials

  • Disqualifications include criminal convictions, removal from office, dual citizenship, mental incapacity, and others.
  • Succession protocols for governor, vice governor, and sanggunian members clearly defined.
  • Tie-breaking by drawing lots and provision for temporary assumption of duties.

Appointment, Qualifications, Powers, and Duties of Key Provincial Officials

  • Extensive qualifications, term conditions, and duties defined for:
    • Secretary to the sangguniang panlalawigan
    • Provincial treasurer and assessor
    • Provincial accountant, engineer, budget officer
    • Planning and development, legal officer, administrator
    • Health officer, civil registrar, social welfare and development officer
    • General services, agriculturist, veterinarian
    • Environment and natural resources officer
    • Cooperatives officer, architect, population officer (optional)
    • Information officer (optional)
  • These officials are responsible for service delivery, policy formulation, technical assistance, legal counsel, and management in their respective areas.

Provincial Fire Station, Jail Service, Schools Division, and Prosecution

  • Establishment of at least five fire stations with qualified personnel and equipment.
  • Maintenance of secure and humane provincial jail facilities.
  • Creation of a separate provincial schools division under the DepEd.
  • Establishment of a provincial prosecution service under DOJ with qualified prosecutors.

Plebiscite and Implementation

  • Creation of Quezon del Sur subject to approval by majority vote in a plebiscite supervised by COMELEC.
  • An ad hoc committee composed of incumbent officials to manage transition and implementation.
  • Commencement of corporate existence upon election and qualification of new officials.

Initial Organizational Setup

  • Appointment of interim officials by the President until elected officials assume office.
  • Mandatory filling of appointive positions within 60 days of corporate existence.

Fiscal Provisions

  • No increase in local tax rates, including real property tax, for five years following the province’s creation.
  • Equitable division of assets, funds, obligations, and properties between the two provinces.
  • Tax revenues of enterprises extending across both provinces are proportionally divided without double taxation.

General Legal Applicability

  • The Local Government Code and applicable laws govern both Quezon del Norte and Quezon del Sur, except where inconsistent with this Act.

Separability and Effectivity

  • If any provision is declared invalid, the remainder stays effective.
  • The Act takes effect fifteen days after publication in two newspapers of general circulation.

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