Division of Palawan into Three Provinces

Division of Palawan into three provinces

Palawan del Norte consists of the municipalities of Coron, Culion, Busuanga, Linapacan, Taytay, and El Nido. (Section 3(a))
Palawan Oriental consists of the municipalities of Roxas, Araceli, Dumaran, Cuyo, Agutaya, Magsaysay, Cayancillo, and San Vicente. (Section 3(b))
Palawan del Sur consists of the municipalities of Aborlan, Narra, Quezon, Rizal, Españaola, Brooke's Point, Bataraza, Balabac, and Kalayaan. (Section 3(c))
Each newly created province’s territorial jurisdiction is comprised of all the islands of the present Province of Palawan. (Section 4)
The terrestrial jurisdictions of the newly created provinces are within the present metes and bounds of the municipalities that comprise each province. (Section 4)
Existing boundary disputes involving questions of territorial jurisdiction are subject to resolution by the appropriate agency or forum, and the territorial boundaries of disputed areas remain with the local government unit having existing administrative supervision over the area until final resolution. (Section 4)

Capital seats and corporate character

The capital town and seat of government of Palawan del Norte is Taytay; of Palawan Oriental is Roxas; and of Palawan del Sur is Brooke's Point. (Section 5)
Each province constitutes a political body corporate with perpetual succession and provincial-corporation powers exercised in conformity with this Charter and the Local Government Code of 1991, as amended. (Section 6)
Each province has corporate attributes and powers including continuous succession in its corporate name; to sue and be sued; to use a corporate seal; to acquire and convey property; to enter contracts; and to exercise other corporate powers subject to law and the Local Government Code. (Section 6)
Each province has a common seal and may alter it, and any change of corporate seal must be registered with the Department of Interior and Local Government (DILG). (Section 7)
Each province has broad corporate powers including levying taxes, fees, and charges; opening/closing roads and public spaces; expropriating private property for public use; and exercising other powers granted to corporations, subject to the Local Government Code and other laws. (Section 7)
The province and its officials are not exempt from liability for death or injury to persons or damage to property. (Section 8)

Legislative districts and incumbency

Each created province has its own legislative districts comprising the municipalities enumerated under Section 3. (Section 9)
Representation becomes effective upon the election and qualification of representatives to be held on the second Monday of May in the year 2022. (Section 9)
The City of Puerto Princesa has its own legislative district effective upon the election and qualification of its representative to be held on the second Monday of May in the year 2022. (Section 9)
Incumbent representatives of the present Province of Palawan continue to represent their respective legislative districts until new representatives are elected, qualified, and assumed office. (Section 10)

Revenue shares from national wealth

The provinces are entitled to equitable shares in the proceeds from the utilization and development of national wealth within their respective terrestrial and maritime jurisdiction as political subdivisions of the national government. (Section 11)
In addition to the internal revenue allotment, the provinces have a combined share of not less than forty percent (40%) of the gross collection derived by the national government from the preceding fiscal year from specified sources enumerated in Section 11(a)–(c). (Section 11)
The combined share is computed from: mining taxes, royalties, forestry and fishery charges, and other related taxes/fees/charges including surcharges, interests, or fines, plus related shares in co-productions, joint ventures, or production sharing agreements within the provinces’ territorial jurisdiction. (Section 11(a))
The combined share includes administrative charges accruing to the national government, including cases collected by the provinces. (Section 11(b))
Actual proceeds that are collected and automatically retained by the provinces at least at forty percent (40%) do not form part of the revenue base for computing the provinces’ forty percent (40%) share. (Section 11(c))
Each province’s share is based on a formula based on the preceding fiscal year, using either the higher amount produced by: (1) one percent (1%) of the gross sales or receipts of the preceding calendar year; or (2) forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and other taxes/fees/charges (including related surcharges, interests, or fines) that an NGA or GOCC would have paid if not exempt. (Section 11)
The provinces’ shares are divided equally among Palawan del Norte, Palawan Oriental, and Palawan del Sur, and are automatically released to them. (Section 11)
Each province’s share is further divided in favor of municipalities and barangays, and those shares are automatically released as follows: Province: sixty percent (60%), Municipality: twenty-four percent (24%), Barangay: sixteen percent (16%). (Section 11)

Police jurisdiction over territory and water supply

For police and law enforcement purposes, the jurisdiction of each province is coextensive with its respective territorial boundary. (Section 12)
For protecting and ensuring the purity of each province’s water supply, police jurisdiction extends over the territory within the drainage area of the water supply source or within one hundred (100) meters of any connection with the province’s water service. (Section 12)

Provincial officers and appointment rules

Each province has a set of provincial officials: provincial governor, provincial vice governor, regular sangguniang panlalawigan members, secretary to the sangguniang panlalawigan, provincial accountant, provincial budget officer, provincial planning and development coordinator, provincial engineer, provincial health officer, provincial administrator, provincial legal officer, provincial agriculturist, provincial veterinarian, and provincial general services officer. (Section 13(a))
The provincial governor may appoint additional officials including provincial architect, provincial population officer, provincial environment and natural resources officer, provincial cooperatives officer, and provincial information officer. (Section 13(b))
The sangguniang panlalawigan may maintain existing offices not mentioned, create other necessary offices, or consolidate the functions of offices for efficiency and economy. (Section 13(c))
Unless otherwise provided by this Charter or the Local Government Code, heads of departments and offices are appointed by the provincial governor with the concurrence of the majority of all sangguniang panlalawigan members, subject to civil service law and rules. (Section 13)
The sangguniang panlalawigan must act on the appointment within fifteen (15) days; otherwise, the appointment is deemed confirmed. (Section 13)
Elective and appointive provincial officials receive compensation, allowances, and emoluments determined by law or ordinance, subject to budgetary limitations on personal services under Title V, Book II of the Local Government Code of 1991, as amended. (Section 13)
No increase in compensation takes effect until after the expiration of the full term of all elective officials approving such increase. (Section 13)

Residence and location of offices

The official residence and office of the provincial governor must be in the capital of the province during the governor’s incumbency. (Section 14)
All elective and appointive provincial officials hold office in the provincial capital. (Section 14)
The sangguniang panlalawigan may resolve that elective and appointive provincial officials may hold office in any component city or municipality within the province for not more than seven (7) days for any given month. (Section 14)

Provincial governor: powers and duties

The provincial governor is the chief executive of the provincial government and exercises powers and performs duties under the Local Government Code of 1991, as amended, and other laws. (Section 15(a))
The provincial governor shall exercise general supervision and control over provincial programs, projects, services, and activities, including determining provincial policy guidelines and being responsible to the sangguniang panlalawigan for the program of government. (Section 15(b)(1))
The provincial governor shall direct formulation of the provincial development plan with the assistance of the provincial development council, and upon approval by the sangguniang panlalawigan implement the plan. (Section 15(b)(1)(ii))
The provincial governor shall present the program of government and propose policies and projects at the opening of the regular session of the sangguniang panlalawigan every calendar year and as necessary for the general welfare and needs of the provincial government. (Section 15(b)(1)(iii))
The provincial governor shall initiate and propose legislative measures and provide information and data needed or requested by the sangguniang panlalawigan. (Section 15(b)(1)(iv))
The provincial governor shall appoint all officials and employees whose salaries and wages are wholly or mainly paid out of provincial funds and whose appointments are not otherwise provided for in this Act, and those the governor may be authorized by law to appoint. (Section 15(b)(1)(v))
The provincial governor shall represent the province in business transactions and sign, in the province’s behalf, bonds, contracts, obligations, and other documents upon authority of the sangguniang panlalawigan or pursuant to law or ordinance. (Section 15(b)(1)(vi))
The provincial governor shall carry out emergency measures necessary during and in the aftermath of man-made and natural disasters and calamities. (Section 15(b)(1)(vii))
The provincial governor shall determine the time, manner, and place of payment of salaries or wages of provincial officials and employees in accordance with law or ordinance. (Section 15(b)(1)(viii))
The provincial governor shall allocate and assign office space to entitled officials and employees in the provincial capitol and other buildings owned or leased by the provincial government. (Section 15(b)(1)(ix))
The provincial governor shall ensure faithful discharge of duties by executive officials and employees and cause administrative or judicial proceedings against officials or employees who committed an offense in the performance of official duties. (Section 15(b)(1)(x))
The provincial governor shall examine books, records, and other documents of all provincial offices and require national officials and employees stationed in the province to make available such books, records, and documents, except those classified by law as confidential. (Section 15(b)(1)(xi))
The provincial governor shall furnish copies of executive orders issued to the Office of the President within seventy-two (72) hours after issuance. (Section 15(b)(1)(xii))
The provincial governor shall visit component cities and municipalities at least once every six (6) months to deepen understanding of problems and conditions, listen and provide counsel, inform officials and inhabitants of general laws and ordinances concerning them, and conduct visits and inspections to improve governance quality. (Section 15(b)(1)(xiii))
The provincial governor shall act on leave applications and authorize commutation of monetary value of leave credits in accordance with law. (Section 15(b)(1)(xiv))
The provincial governor may authorize official trips outside the province for a period not exceeding thirty (30) days. (Section 15(b)(1)(xv))
The provincial governor shall call upon national officials and employees stationed in or assigned to the province for advice, coordinate in formulation and implementation of plans, programs, and projects, and initiate administrative or judicial action against national officials or employees who committed an offense in the performance of duties while stationed or assigned. (Section 15(b)(1)(xvi))
The provincial governor shall authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees of provincial officials and employees injured in the performance of official duties and functions subject to available funds. (Section 15(b)(1)(xvii))
The provincial governor shall represent the province in interprovincial or regional sports councils or committees and coordinate with component cities or municipalities in regional or national Palaro or sports development activities. (Section 15(b)(1)(xviii))
The provincial governor shall conduct an annual palarong panlalawigan featuring traditional sports and disciplines included in national and international games, in coordination with the Department of Education (DepEd). (Section 15(b)(1)(xix))
The provincial governor shall submit to the Office of the President: an annual report summarizing matters pertinent to management, administration, and development of the province and information on political, social, and economic conditions; and supplemental reports when unexpected events and situations arise, particularly when man-made or natural disasters or calamities affect the general welfare of the province, region, or country. (Section 15(b)(1)(xx))
The provincial governor shall enforce laws and ordinances relative to provincial governance and corporate powers, implement approved provincial policies, programs, projects, services, and activities, and ensure component local governments’ acts are within their prescribed powers. (Section 15(b)(2)(i))
The provincial governor shall issue executive orders for faithful and appropriate enforcement and execution of laws and ordinances. (Section 15(b)(2)(iii))
The provincial governor shall be entitled to carry necessary firearms within the territorial jurisdiction of the province. (Section 15(b)(2)(iv))
In coordination with the mayors and the National Police Commission, the provincial governor shall formulate the peace and order plan of the province and implement it upon approval in accordance with Republic Act No. 6975, as amended, otherwise known as the “Department of the Interior and Local Government Act of 1990.” (Section 15(b)(2)(v))
The provincial governor shall call on appropriate national law enforcement agencies to suppress disorder, riot, lawless violence, rebellion, or sedition, or to apprehend violators when public interest so requires and local police forces are inadequate. (Section 15(b)(2)(vi))
The provincial governor shall require office heads to prepare estimates of appropriations for the ensuing calendar year; prepare and submit executive and supplemental budgets for approval; ensure collection of taxes and revenues and lawful application of provincial funds; and institute proceedings for violations of ordinances in tax collection. (Section 15(b)(3)(i),(ii),(iii),(vii))
The provincial governor shall issue licenses and permits and suspend or revoke them for violations of conditions upon which they were issued pursuant to law or ordinance. (Section 15(b)(3)(iv))
The provincial governor shall adopt measures to safeguard and conserve land, mineral, marine, forest and other resources of the province in coordination with mayors, provide property and supply management, and protect provincial funds and rights. (Section 15(b)(3)(v),(vi))
The provincial governor shall ensure delivery of basic services and adequate facilities under the Local Government Code, including coordinating contiguous construction and repair of national-funded roads where practicable and coordinating technical services by national offices. (Section 15(b)(4)(i),(ii))
The provincial governor shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) under Republic Act No. 6758, as amended, and its implementing guidelines. (Section 15(c))

Vice governor: presiding and succession functions

The provincial vice governor presides over the sangguniang panlalawigan and signs warrants drawn on the provincial treasury for expenditures appropriated for the sangguniang panlalawigan’s operations. (Section 16(a)(1))
The provincial vice governor appoints sangguniang panlalawigan officials and employees, subject to civil service rules, except where appointment is specifically provided by existing laws. (Section 16(a)(2))
The provincial vice governor assumes the office of governor for the unexpired term upon permanent vacancy as provided in Section 44, Book I of the Local Government Code of 1991, as amended. (Section 16(a)(3))
The provincial vice governor exercises governor powers for the unexpired term during temporary vacancy as provided in Section 46, Book I of the Local Government Code of 1991, as amended. (Section 16(a)(4))
The provincial vice governor receives monthly compensation corresponding to Salary Grade Twenty-eight (28) under Republic Act No. 6758, as amended, and implementing guidelines. (Section 16(b))

Sanggunian composition and sectoral seats

The sangguniang panlalawigan is the provincial legislative body composed of the provincial vice governor as presiding officer, regular members, presidents of: the provincial chapter of the liga ng mga barangay, the panlalawigang pederasyon ng mga sangguniang kabataan, and the provincial federation of sanggunian members from municipalities and component cities, plus three (3) sectoral representatives. (Section 17(a))
The sangguniang panlalawigan has three (3) sectoral representatives from these sectors: one (1) from the women sector; and, as determined by the sangguniang panlalawigan within ninety (90) days prior to local elections, one (1) from agricultural or industrial workers sector; and one (1) from other sectors including urban poor, indigenous cultural communities, or persons with disability. (Section 17(b))

Sanggunian powers, legislation, and governance

The sangguniang panlalawigan enacts ordinances, approves resolutions, and appropriates funds for the general welfare pursuant to the Local Government Code, and exercises provincial corporate powers under the Local Government Code. (Section 18(a))
The sangguniang panlalawigan reviews city and municipal ordinances and executive orders issued by mayors to ensure they remain within prescribed powers. (Section 18(a)(1)(i))
The sanggunian maintains peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion, or sedition and imposing penalties for violations of provincial ordinances. (Section 18(a)(1)(ii))
The sanggunian may approve ordinances imposing a fine not exceeding PHP 5,000.00 or imprisonment not exceeding one (1) year, or both, at the direction of the court, for violation of a provincial ordinance. (Section 18(a)(1)(iii))
The sanggunian adopts disaster-prevention and relief measures, provides relief services and assistance for victims during and after disasters and calamities, and facilitates return to productive livelihood following such events. (Section 18(a)(1)(iv))
The sanggunian enacts ordinances to prevent, suppress, and impose penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, the establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, and the printing, distribution, or exhibition of obscene or pornographic materials or publication, and other activities inimical to inhabitants’ welfare and morale. (Section 18(a)(1)(v))
The sanggunian protects the environment and imposes penalties for acts endangering the environment, including dynamite fishing and other destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and endangered species of flora and fauna, slash-and-burn farming, and activities resulting in pollution, acceleration of eutrophication of rivers and lakes, or ecological imbalance. (Section 18(a)(1)(vi))
The sanggunian determines powers and duties of provincial officials and employees, subject to the Local Government Code and pertinent laws. (Section 18(a)(1)(vii))
The sanggunian determines positions and salaries, wages, allowances, emoluments, and benefits of officials and employees paid wholly or mainly from provincial funds and provides expenditures necessary for provincial government programs, projects, services, and activities. (Section 18(a)(1)(viii))
The sanggunian authorizes payment of compensation to a qualified non-government person filling a temporary vacancy or grants honorarium to a qualified official or employee filling a temporary vacancy in concurrent capacity at the rate authorized by law. (Section 18(a)(1)(ix))
The sanggunian provides mechanisms and funds to ensure safety and protection of provincial government property and public documents/records, including property inventory, land ownership, birth/marriage/death records, assessments, taxation, accounts, business permits, and other records and documents of public interest. (Section 18(a)(1)(x))
When provincial finances allow, the sanggunian provides additional allowances and benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed or assigned to the province. (Section 18(a)(1)(xi))
The sanggunian generates and maximizes resources and revenues for provincial development plans and priorities, with particular attention to agro-industrial development and countrywide growth and progress, consistent with the Local Government Code. (Section 18(a)(2))
The sanggunian enacts annual and supplemental appropriations and appropriates funds for specific programs, projects, services, and activities of the province or other lawful purposes. (Section 18(a)(2)(i))
Upon majority vote of all members, the sanggunian enacts ordinances levying taxes, fees, and charges for general and specific purposes and grants tax exemptions, incentives, or reliefs, subject to Book II of the Local Government Code and applicable laws. (Section 18(a)(2)(ii))
Upon majority vote of all members, the sanggunian authorizes the provincial governor to negotiate and contract loans and other forms of indebtedness, subject to Book II of the Local Government Code and applicable laws. (Section 18(a)(2)(iii))
Upon majority vote of all members, the sanggunian enacts ordinances authorizing the floating of bonds or other instruments of indebtedness to raise funds for development projects, subject to Book II of the Local Government Code and applicable laws. (Section 18(a)(2)(iv))
The sanggunian appropriates funds for construction and maintenance or rental of buildings for provincial use and may authorize the provincial governor to lease proprietary public buildings to private parties subject to existing laws, rules, and regulations. (Section 18(a)(2)(v))
The sanggunian prescribes reasonable limits and restraints on use of property within provincial jurisdiction. (Section 18(a)(2)(vi))
The sanggunian reviews comprehensive land use plans and zoning ordinances of component cities and municipalities and adopts a comprehensive provincial land use plan, subject to existing laws. (Section 18(a)(2)(vii))
The sanggunian adopts measures to enhance full implementation of the national agrarian reform program in coordination with the Department of Agrarian Reform (DAR). (Section 18(a)(2)(viii))
The sanggunian grants franchises, approves issuance of permits or licenses, or enacts ordinances levying taxes and fees upon conditions and purposes intended to promote the general welfare of inhabitants, pursuant to its legislative authority. (Section 18(a)(3))
The sanggunian fixes reasonable fees and charges for services rendered by the provincial government to private persons or entities. (Section 18(a)(3)(i))
The sanggunian regulates and fixes license fees for activities provided under the Local Government Code, as amended. (Section 18(a)(3)(ii))
The sanggunian approves ordinances ensuring efficient and effective delivery of basic services and facilities and, in addition, adopts measures and safeguards against pollution and for preservation of natural ecosystem in consonance with approved human settlements and environmental sanitation standards. (Section 18(a)(4)(i))
The sanggunian facilitates or provides for establishing or maintaining waterworks systems or district waterworks for supplying water to inhabitants of component cities and municipalities, subject to applicable laws. (Section 18(a)(4)(ii))
The sanggunian establishes and operates vocational and technical schools and similar post-secondary institutions subject to availability of funds and existing laws, with DepEd approval, and fixes reasonable tuition fees and other school charges in institutions supported by the provincial government subject to existing laws on tuition fees. (Section 18(a)(4)(iii))
The sanggunian establishes a scholarship fund for poor but deserving students in schools within its jurisdiction or students residing within the province. (Section 18(a)(4)(iv))
The sanggunian adopts quarantine regulations to prevent introduction and spread of diseases within territorial jurisdiction. (Section 18(a)(4)(v))
The sanggunian provides for care of paupers, aged, sick, persons of unsound mind, abandoned minors, abused children, disabled persons, juvenile delinquents, drug dependents, and other needy and disadvantaged persons—particularly children and youth below eighteen (18) years of age—and, subject to availability of funds, establishes and supports centers and facilities, and facilitates efforts to promote welfare of families below the poverty threshold and disadvantaged and exploited persons. (Section 18(a)(4)(vi))
The sanggunian establishes and provides for maintenance and improvement of jails and detention centers, institutes a sound jail management program, and appropriates funds for subsistence of detainees and convicted prisoners in the province. (Section 18(a)(4)(vii))
The sanggunian establishes a provincial council for culture and arts to promote culture and arts, coordinate with government agencies and NGOs, and appropriates funds subject to availability of funds. (Section 18(a)(4)(viii))
The sanggunian establishes a provincial council for the elderly to formulate mutually beneficial policies and measures for the elderly and the province, appropriates funds subject to availability of funds, and provides incentives for NGOs and entities to support elderly programs and projects. (Section 18(a)(4)(ix))
The sanggunian exercises other powers and performs other duties as provided by the Local Government Code and as prescribed by law or ordinance. (Section 18(a)(5))
Regular members and sectoral representatives receive monthly compensation corresponding to Salary Grade 27 under the