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 behavior and absences without justifiable cause for four (4) consecutive sessions, including censure, reprimand, exclusion from session, suspension for not more than sixty (60) days, or expulsion.
Section 16 requires that suspension or expulsion must have concurrence of at least two-thirds (2/3) of all sangguniang members.
Section 16 mandates automatic expulsion of any member convicted by final judgment to imprisonment of at least one (1) year for a crime involving moral turpitude.
Section 17 requires every sangguniang panlalawigan member to file full disclosure of business and financial interests upon assumption to office, including affinity or consanguinity relationships within the fourth civil degree with persons/entitles affected by ordinances or resolutions considered by the member.
Section 17 requires written disclosure submitted to the secretary of the sangguniang panlalawigan or the secretary of the membership committee, to become part of the record of proceedings.
Section 17 requires disclosure before participation in deliberations on an ordinance/resolution; if no participation occurs, disclosure must be made before voting on second or third readings; disclosure must also be made when taking a position or making a privilege speech on a matter affecting the disclosed interests.
Section 18(A) requires the sangguniang panlalawigan, by resolution, to fix the day, time, and place of regular sessions, with at least once a week as the minimum number.
Section 18(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, in the public interest or for security, decency, or morality.
Section 18(C) prohibits holding two (2) sessions (regular or special) in a single day.
Section 18(D) requires written notice to members for special sessions served personally at usual place of residence at least twenty-four (24) hours before holding; no other matters may be considered unless concurred in by two-thirds (2/3) vote of members present and quorum exists.
Section 18(E) requires keeping a journal and record of proceedings, publishable upon resolution of the sangguniang.
Section 19(A) requires a quorum of a majority of all members elected and qualified; if quorum is raised, presiding officer calls roll immediately and announces results.
Section 19(B) permits recess if quorum is not present, or adjournment day-to-day and compels attendance of absent members by arrest presentation mechanism via designation and police assistance.
Section 19(C) prohibits transacting any business if quorum is still absent; presiding officer must declare session adjourned for lack of quorum.
Section 20(A) requires every ordinance be presented to the provincial governor; the governor signs each page to approve, otherwise veto and return with reasons.
Section 20(A) allows override of veto by two-thirds (2/3) vote of all sangguniang members, making the ordinance effective.
Section 20(B) requires the veto communication to be given within fifteen (15) days from receipt; otherwise the ordinance is deemed approved.
Section 21(A) grants veto authority for ordinances prejudicial to public welfare, with return and reasons.
Section 21(B) authorizes item-by-item veto of particular items of appropriation ordinances, local development plan/public investment program ordinances, and ordinances directing payment of money or creating liability; vetoed items do not take effect unless overridden, and corresponding previous-year appropriation items are deemed reenacted if not overridden.
Section 21(C) limits veto power so the governor may veto an ordinance or resolution only once, and override by two-thirds (2/3) vote makes the ordinance effective even without approval.

Succession for elective officials

Section 22(A)(1) defines a permanent vacancy when an elective official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed, voluntarily resigns, or is otherwise permanently incapacitated to discharge office functions.
Section 22(A) provides succession for a permanent vacancy in the provincial governor: the provincial vice governor assumes; if permanently unable, the highest ranking sangguniang panlalawigan member assumes.
Section 22(A) provides succession for a permanent vacancy in the provincial vice governor: the highest ranking sangguniang panlalawigan member assumes; if permanently unable, the highest ranking member becomes vice governor.
Section 22(A)(2) resolves ties among highest ranking sangguniang panlalawigan members by drawing of lots.
Section 22(A)(3) limits successors to serve only the unexpired terms.
Section 22(A)(4) determines ranking based on proportion of votes obtained by each winning candidate to total registered voters in the province in the immediately preceding local elections.
Section 23(A) 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.
Section 23(B) restricts appointments to the nominee of the political party under which the concerned member was elected; the appointee must come from the same political party and must be supported by nomination and certificate of membership from the highest official of the political party.
Section 23(B) declares an appointment without the required nomination and certificate null and void ab initio and grounds administrative action against the responsible official.
Section 23(C) provides that if the permanent vacancy is caused by a sangguniang member who does not belong to any political party, the provincial governor appoints a qualified person upon recommendation of the sangguniang panlalawigan.
Section 23(D) mandates automatic filling of vacancies in SK representation, barangay representation, and provincial league of councilors representation by the next-in-rank official of the concerned organization.
Section 24(A) provides that when the provincial governor is temporarily incapacitated for physical or legal reasons, the vice governor automatically exercises governor powers and performs duties, except appointment/suspension/dismissal powers which apply only if incapacity exceeds thirty (30) working days.
Section 24(B) requires termination of temporary incapacity upon submission to the sangguniang panlalawigan of a written declaration by the provincial governor that the governor has reported back to office; if due to legal cause, documents showing the legal cause no longer exists must be submitted.
Section 24(C) permits written designation of an officer-in-charge when the governor travels within the country but outside territorial jurisdiction for not exceeding three (3) consecutive days, limiting transferred powers excluding appointment/suspension/dismissal.
Section 24(D) provides that if the governor fails/refuses to issue authorization, the vice governor assumes the powers on the fourth (4th) day of absence subject to the same limitation on appointment/suspension/dismissal.
Section 24(E) prohibits the governor from authorizing other local officials to assume powers/duties except the vice governor, except as allowed in Section 24(C).

Charter administration officers and qualifications

Section 25(A) creates the secretary to the sangguniang panlalawigan as a career official with rank and salary equal to a head of a department or office.
Section 25(B) requires the secretary to be a citizen of the Philippines, resident of the province, of good moral character, with a college degree preferably in law, commerce or public administration, and with first grade civil service eligibility or equivalent.
Section 25(B) requires appointment of the secretary to the sangguniang panlalawigan to be mandatory.
Section 25(C) assigns the secretary to attend meetings, keep the journal, keep and affix the provincial seal on ordinances/resolutions and official papers, forward approved ordinances for governor approval and to relevant local bodies, provide certified public records upon request upon payment of fees prescribed by ordinance, record all ordinances/resolutions with dates of passage and publication, and translate ordinances/resolutions into the dialect used by the majority of inhabitants for publication.
Section 25(C) requires custody of local archives and annual accounting, and authorizes other powers/duties prescribed by law or ordinance.

Provincial treasurer, assessor, accountant, budget

Section 26(A) mandates the provincial treasurer be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the provincial governor, subject to civil service rules; appointment is mandatory.
Section 26(B) requires the provincial treasurer be a citizen, resident of the province, of good moral character, holder of a college degree preferably in commerce, public administration or law, with first grade civil service eligibility, and at least five (5) years experience in treasury or accounting service.
Section 26(C) places the treasurer under administrative supervision of the provincial governor and requires regular reporting on tax collection efforts.
Section 26(D) requires the treasurer to take charge of the treasury office and perform duties under Book II of Republic Act No. 7160, including custody/management of funds, disbursement responsibilities, inspection for tax ordinance implementation, maintaining/updating a tax information system, technical supervision over component treasury offices, and other duties prescribed by law or ordinance.
Section 27(A) mandates the provincial assessor appointment is mandatory and requires: citizen; resident; good moral character; college degree preferably in civil or mechanical engineering, commerce or related course; licensed real estate service practitioner under Republic Act No. 9646; first grade civil service eligibility; and at least five (5) years experience in real property assessment or related field.
Section 27(B) requires the assessor to perform appraisal and assessment for taxation, create systematic methods and tax mapping, conduct physical surveys, issue certified copies upon request upon payment of service charge/fee to the provincial treasurer, submit every semester assessment reports/cancellations/modifications to the governor and sangguniang panlalawigan, and exercise technical supervision/visitorial functions over component city/municipal assessors subject to delegation when minimum personnel/equipment/funding are fully provided by the concerned component LGU.
Section 28(A) makes the provincial accountant appointment mandatory and requires the accountant be a citizen, resident, of good moral character, a certified public accountant, with at least five (5) years treasury or accounting service experience.
Section 28(B) requires the accountant to take charge of accounting and internal audit services, including installing an internal audit system, preparing financial statements, apprising the sanggunian and officials on financial conditions/operations, certifying availability of budgetary allotment, reviewing supporting documents, and maintaining required accounting journals/ledgers and index cards, plus other duties prescribed by law or ordinance.
Section 29(A) mandates the provincial budget officer appointment is mandatory and requires: citizen; resident; good moral character; college degree preferably in accounting, economics, public administration or related course; first grade civil service eligibility; at least five (5) years experience in government budgeting or related field.
Section 29(B) requires the budget officer to prepare budget forms/orders/circulars for governor signature; review and consolidate budget proposals; assist in budget preparation and hearings; evaluate budgetary implications of proposed legislation; submit periodic reports to the Department of Budget and Management (DBM); coordinate budgeting with treasurer/accountant/planning coordinator; assist sangguniang panlalawigan in reviewing component LGU budgets; coordinate with planning coordinator; and perform other duties prescribed by law or ordinance.
Section 29(C) provides that appropriations for personal services of the provincial budget officer from the DBM are transferred to the new province upon effectivity of the charter; thereafter, personal services appropriations for the budget officer are provided in full in the budget of the local government unit.

Provincial planning, engineering roles

Section 30(A) mandates the provincial planning and development coordinator appointment is mandatory, and requires: citizen; resident; good moral character; degree preferably in urban planning, development studies, economics, public administration or related course; duly registered and licensed environmental planner under Republic Act No. 10587 (Environmental Planning Act of 2013); first grade civil service eligibility; and at least five (5) years experience in development planning or related field.
Section 30(B) requires the coordinator to formulate integrated development plans and policies, conduct continuing studies and training, integrate and coordinate sectoral plans, monitor and evaluate development program implementation, prepare comprehensive planning documents, analyze income/expenditure patterns and recommend fiscal plans, promote people’s participation, exercise supervision/control over the secretariat of the provincial development council, and perform other duties prescribed by law or ordinance.
Section 31(A) mandates the provincial engineer appointment is mandatory, and requires: citizen; resident; good moral character; licensed civil engineer; and at least five (5) years experience in the practice of civil engineering profession.
Section 31(B) requires the engineer to initiate/recommend infrastructure and public works development policies and plans, advise the governor on engineering matters, administer/coordinate/supervise/handle construction and maintenance of provincial roads/bridges and public works projects, provide engineering services including investigations and feasibility studies, exercise technical supervision over engineering offices of component cities and municipalities, and perform other duties and functions as may be prescribed by law or ordinance.