Division of Palawan into Three Provinces

Law Summary

Territorial Jurisdiction

Each new province covers all islands of the former Province of Palawan.
Jurisdiction is defined by the existing municipal territorial boundaries.
Disputed boundaries remain under current administrative control pending resolution.

Capitals and Government Seats

Capital towns are Taytay for Palawan del Norte, Roxas for Palawan Oriental, and Brooke's Point for Palawan del Sur.

Corporate Powers and General Functions

Each province is a political body corporate with perpetual succession.
Powers include suing and being sued, using a corporate seal, acquiring property, entering contracts, levying taxes, and other powers under the Local Government Code.
Provinces may alter their corporate seal with registration to the DILG.

Liability

Provinces and their officials are liable for damages or injuries caused.

Legislative Districts

Each province has its own legislative district effective with the 2022 elections.
Puerto Princesa City has its separate legislative district effective 2022.
Incumbent representatives continue to represent the existing districts until new representatives assume office.

Share in National Wealth Proceeds

Provinces are entitled to equitable shares of proceeds from national wealth utilization within their jurisdiction.
They receive at least 40% of gross collections from mining taxes, royalties, forestry, fisheries charges, and related government collections.
Shares are divided equally among the three provinces, with further division favoring province, municipalities, and barangays (60%, 24%, 16% respectively).

Police and Law Enforcement Jurisdiction

Police jurisdiction aligns with territorial boundaries.
Jurisdiction may extend to watershed areas supplying the provinces’ water.

Provincial Officials

Each province shall have specified elective and appointive officials, including governor, vice governor, sangguniang panlalawigan members, and various provincial officers in different fields.
Appointment of heads of departments requires concurrence of majority sangguniang panlalawigan, subject to civil service rules.
Compensation for officials follows existing laws and is subject to budget limits.
Official residence and offices are generally located in the provincial capitals.

Powers and Duties of the Provincial Governor

Chief executive with powers and duties under Local Government Code.
Supervises provincial government programs, formulates development plans, proposes legislation.
Appoints provincial officials and represents the province in business transactions.
Handles emergency measures and enforces laws and ordinances.
Oversees peace and order, resource generation, and basic service delivery.
Receives compensation aligned with Salary Grade 30.

Powers and Duties of the Provincial Vice Governor

Presides over the sangguniang panlalawigan.
Appoints sangguniang panlalawigan officials, subject to civil service rules.
Assumes governor’s office in case of vacancy or temporary incapacity.
Receives compensation aligned with Salary Grade 28.

Sanggunian Panlalawigan Composition and Powers

Legislative body includes vice governor, regular members, presidents of local federations, and sectoral representatives.
Enacts ordinances, resolutions, appropriates funds.
Reviews ordinances of component cities and municipalities.
Addresses peace and order, environmental protection, and social welfare.
Can levy taxes and authorize financial transactions.
Members receive compensation aligned with Salary Grade 27.

Legislative Procedures

Sanggunian adopts internal rules within 90 days post-election.
Sessions are weekly, open to the public, with provisions for special and closed sessions.
Quorum requires majority; enforcement mechanisms for absenteeism are provided.
Ordinances require governor’s approval; the governor has veto power which the sanggunian may override by two-thirds vote.

Succession of Elective Officials

Permanent vacancy in governor or vice governor filled automatically by vice governor or highest-ranking sangguniang member.
Ranking determined by proportion of votes received.
Other vacancies filled by presidential appointment or automatic succession from respective organizations.
Temporary vacancies of governor handled by vice governor with limitations on appointment powers.

Qualifications, Powers and Duties of Appointive Provincial Officials

Mandatory positions include secretary to the sanggunian, treasurer, assessor, accountant, budget officer, planning and development coordinator, engineer, health officer, administrator, legal officer, agriculturist, social welfare and development officer, veterinarian, and general services officer.
Optional positions include architect, population officer, environment and natural resources officer, cooperatives officer, and information officer.
Each officer has specific educational, residency, experience, and professional requirements.
Duties involve formulation and implementation of plans, technical assistance, supervision, and frontline service delivery in respective sectors.

Establishment of Provincial Services

Fire stations: five (5) stations to be established with personnel and equipment provided by DILG.
Jail service: district jail to be maintained by BJMP with necessary facilities.
Schools division: DepEd to establish a division headed by a qualified superintendent.
Prosecution service: DOJ to establish provincial prosecution headed by a provincial prosecutor and assistants.

Plebiscite and Effectivity

Creation of the three provinces contingent on plebiscite approval in May 2020.
Corporate existence commences upon election and qualification of new provincial officials in May 2022.

Property, Funds and Assets

Real properties and infrastructure belong to the province where they are located.
Properties in Puerto Princesa are co-managed by all three provinces.
Distribution of funds, obligations, assets proportional to income of respective municipalities.
Transitional activities financed and implemented by the existing Provincial Government of Palawan.

General Provisions

The Local Government Code governs these provinces as applicable and not inconsistent with this Act.
Separability clause ensures remaining provisions stay effective if any part is invalidated.
The Act takes effect 15 days after publication.

This comprehensive analysis covers the division, governance structure, powers, duties, service establishment, succession, and transitional provisions relevant to the newly created provinces from the Province of Palawan.