Territorial Jurisdiction and Capitals
- Territorial jurisdiction corresponds to the current boundaries of constituent municipalities.
- Disputed areas remain under current administrative control until resolved.
- Capital towns: Datu Odin Sinsuat for Maguindanao del Norte; Buluan for Maguindanao del Sur.
Corporate Powers and General Authority
- Each province is a political body corporate with perpetual succession.
- Powers include suing and being sued, property management, contracting, taxation, and others.
- Each province may create revenue sources, levy taxes and fees, and manage property.
Liability and Legislative Districts
- Provinces and officials are liable for damages for death, injury, or property damage.
- Each new province has its own legislative district; Cotabato City belongs to Maguindanao del Norte's district.
- Incumbent representatives continue until term expiration.
Provincial Officials and Administration
- Provincial government officials include governor, vice governor, sangguniang panlalawigan members, and appointed officials with specified qualifications.
- Appointments require sangguniang panlalawigan concurrence; failure to act within 15 days results in automatic confirmation.
- Residences and offices must be in the capital, with limited exceptions.
- Officials’ compensation follows applicable laws with restrictions on increases.
Powers and Duties of Provincial Governor
- Acts as chief executive with general supervision and control per the Local Government Code.
- Responsible for policy guidelines, development planning, legislative proposals, appointments, emergency measures, and coordination.
- Represents the province in transactions, supervises officials, ensures enforcement of laws, and manages finances.
- Has authority over peace and order, emergency responses, resource generation, and service delivery.
Provincial Vice Governor Functions
- Presides over the sangguniang panlalawigan and signs financial warrants.
- Appoints legislative body officials subject to civil service rules.
- Assumes governor’s office temporarily or permanently in case of vacancy.
Sangguniang Panlalawigan Composition and Powers
- Legislative body includes vice governor, elected members, sectoral representatives, and presidents of local federations.
- Powers include enacting ordinances, approving budgets, imposing penalties, protecting environment, and ensuring service delivery.
- May generate revenue, authorize indebtedness, regulate services, and provide public welfare benefits.
Legislative Processes and Sessions
- Adoption of internal rules of procedure mandatory within 90 days of election.
- Disclosure of financial and business interests by members required to avoid conflicts of interest.
- Regular sessions at least once a week; special sessions called as needed.
- Quorum requires majority; procedures for attendance enforcement detailed.
- Ordinances require governor’s approval; vetoes may be overridden by a two-thirds vote.
Succession Rules
- Successors to permanent vacancies are determined by ranking within the sangguniang panlalawigan or appointments by the President based on political party nominations.
- Temporary vacancies in the governor’s office handled by the vice governor with limitations.
Provincial Appointive Officials: Qualifications and Duties
- Includes secretary to the sangguniang panlalawigan, 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 positions (architect, population officer, environment officer, cooperatives officer, information officer).
- Each has defined qualifications (e.g., residency, professional licenses, civil service eligibility) and specific functions related to their fields.
- Mandatory appointments must be filled; optional positions at governor’s discretion.
Establishment of Essential Services
- Provincial fire stations with adequate personnel are to be established within five months of corporate existence.
- Provincial jail service must maintain secure and humane facilities with qualified leadership.
- Separate schools division and prosecution service to be established within two months under DepEd and DOJ supervision respectively.
Plebiscite and Commencement of New Provinces
- Creation effective upon majority approval in a COMELEC-supervised plebiscite held within 90 days after the law’s effectivity.
- Corporate existence begins upon qualification and assumption of elected officials.
- Transition arrangements for officials and appointments described, with incumbents retaining positions where applicable.
Asset, Liability, and Taxation Provisions
- Provincial assets and infrastructure remain with the province where they are located.
- Debts and obligations shared equally between new provinces.
- No increase in local taxes for five years after creation.
Applicability and Transitional Provisions
- Local Government Code, Organic Law for the Bangsamoro Autonomous Region, and other applicable laws govern these provinces unless inconsistent with this Act.
- Separability clause ensures remaining provisions apply if any part is invalidated.
- Law takes effect 15 days after publication.
This comprehensive summary outlines the structure, powers, duties, and administrative provisions for the provinces of Maguindanao del Norte and Maguindanao del Sur as established by the Act.