Division of Maguindanao into two provinces

Creation of two independent provinces

The Province of Maguindanao is divided into two distinct and independent provinces: Maguindanao del Norte and Maguindanao del Sur.
Each new province is established as a local government unit with separate corporate identity.
The provinces’ boundaries are limited to the municipalities assigned to each province under Section 3.

Municipal composition and territorial jurisdiction

Section 3 assigns these municipalities to Maguindanao del Norte: Barira; Buldon; Datu Blah Sinsuat; Datu Odin Sinsuat; Kabuntalan; Matanog; Northern Kabuntalan; Parang; North Upi; Sultan Kudarat; Sultan Mastura; Talitay.
Section 3 assigns these municipalities to Maguindanao del Sur: 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; South Upi.
Section 4 provides that the territorial jurisdiction of each province covers the present metes and bounds of the municipalities comprising that province.
Section 4 preserves existing boundary disputes and territorial jurisdiction cases by keeping disputed areas with the local government unit having existing administrative supervision over the disputed area until final resolution of the case.
Section 5 sets the capitals: Datu Odin Sinsuat is the capital of Maguindanao del Norte, and Buluan is the capital of Maguindanao del Sur.

Corporate powers and liability for damages

Section 6 declares each province a political body corporate with perpetual succession and provincial corporate powers to be exercised under the charter and Republic Act No. 7160 (Local Government Code of 1991), as amended.
Section 6 gives each province corporate powers to exercise continuous succession, sue and be sued, use a corporate seal, acquire and convey property, and enter into contracts (including other corporate powers subject to limitations under Republic Act No. 7160 and other laws).
Section 7 requires each province to have a common seal and allows alteration; any change of corporate seal must be registered with the Department of the Interior and Local Government (DILG).
Section 7 empowers each province to create sources of revenues, and levy taxes, fees and charges, and to exercise other corporate powers such as expropriating/condemning private property for public use, and prosecuting and defending suits where the province is involved.
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 timing

Section 9 provides that each province has its own legislative district comprising the municipalities enumerated in Section 3.
The legislative district structure for each province takes effect upon the election and qualification of its representative to be held on the second Monday of May 2022.
Section 9 states that the City of Cotabato is part of the Lone Legislative District of Maguindanao del Norte.
Incumbent Representatives of the former Province of Maguindanao continue to represent their respective legislative districts until the expiration of their terms.

Provincial officials and appointments

Section 10(A) establishes the provincial positions in each of the two provinces, including: provincial governor, provincial vice governor, regular sangguniang panlalawigan members, secretary of 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(B) 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 10 authorizes consolidation of functions of offices for efficiency, economy, and public welfare.
Section 10 provides that, unless otherwise provided by the charter or Republic Act No. 7160, the heads of departments and offices are appointed by the provincial governor with the concurrence of a majority of all the sangguniang panlalawigan members, subject to civil service rules.
Section 10 requires the sangguniang panlalawigan to act on appointments within fifteen (15) days from submission, otherwise the appointment is deemed confirmed.

Residency, offices, and compensation limits

Section 11 sets the provincial governor’s official residence and office in the capital town during incumbency.
Section 11 requires elective and appointive provincial officials to hold office in the provincial capital.
Section 11 allows, upon resolution by the sangguniang panlalawigan, elective and appointive officials to hold office in any component city or municipality for not more than seven (7) days per month.
Section 11 mandates that elective and appointive officials receive compensation and emoluments determined by law or ordinance, subject to budgetary limitations on personal services under Section 325 of Republic Act No. 7160, as amended.
Section 11 prohibits any compensation increase from taking effect until after the expiration of the full term of all the elective officials who approved the increase.

Governor and vice governor governing powers

Section 12(A) makes the provincial governor the chief executive and requires exercise of powers and performance of duties under Republic Act No. 7160 and other laws.
Section 12(B)(1) requires the governor to exercise general supervision and control over provincial programs and to: determine policy guidelines; direct provincial development planning with provincial development council assistance and sangguniang panlalawigan approval; and present the annual program of government.
Section 12(B)(1) requires the governor to appoint officials and employees whose salaries and wages are wholly or mainly paid out of provincial funds and whose appointments are not otherwise provided in the charter, and to represent the province in transactions and sign bonds, contracts, and obligations upon proper authority.
Section 12(B)(2) requires the governor to enforce laws and ordinances, implement approved provincial programs and projects, ensure component local acts stay within their powers, and issue executive orders.
Section 12(B) requires the governor to coordinate peace and order planning consistent with Republic Act No. 6975, and to call upon national law enforcement for suppression of disorder or apprehension when local police forces are inadequate.
Section 13(A) makes the vice governor the presiding officer of the sangguniang panlalawigan and provides that the vice governor signs warrants on the provincial treasury for expenditures appropriated for the sangguniang panlalawigan’s operation.
Section 13(A) provides that, in permanent vacancy situations, the vice governor assumes the governor’s office for the unexpired term, and the vice governor assumes governor powers in temporary vacancy situations.
Section 12 requires the governor to receive a minimum monthly compensation prescribed under Republic Act No. 6758, with implementing guidelines.

Sangguniang Panlalawigan composition and legislative duties

Section 14(A) establishes the sangguniang panlalawigan as the provincial legislative body, presided over by the provincial vice governor, with regular members and required sector and federation leaders as members.
Section 14(B) mandates three (3) sectoral representatives: one (1) women’s sector, one (1) agricultural or industrial worker sector, and one (1) from other sectors including urban poor, indigenous cultural communities, or persons with disability.
Section 14(C) requires election of regular and sectoral representatives in the manner provided by law, and provides they receive monthly compensation under Republic Act No. 6758 and implementing guidelines.
Section 15 empowers the sangguniang panlalawigan to enact ordinances, approve resolutions, and appropriate funds for the general welfare.
Section 15(a)(1)(iii) authorizes provincial ordinances to impose fines 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.
Section 15 assigns the sangguniang panlalawigan extensive functions including peace and order measures, disaster response ordinances, environment protection and anti-destructive acts, regulation of officials and employees, taxation and appropriations (subject to Republic Act No. 7160), and establishment/support of welfare and cultural and elderly councils.
Section 15(a)(2)(ii) permits, upon a majority vote of members, enactment of ordinances levying taxes, fees and charges with rate prescribing and granting tax exemptions, incentives, or reliefs, subject to Book II of Republic Act No. 7160 and applicable laws.
Section 15(a)(5) requires the sangguniang panlalawigan to exercise other powers under Republic Act No. 7160 and as may be prescribed by law or ordinance.

Procedure, disclosure, sessions, quorum, and voting

Section 16 requires that the sangguniang panlalawigan adopt or update internal rules of procedure on the first regular session after election and within ninety (90) days thereafter.
Section 16 requires the internal rules to provide for standing committees including: appropriations; women and family; human rights; youth and sports development; environmental protection; peace and order; and cooperatives.
Section 16 mandates disciplinary procedures for disorderly beha