AN ACT DIVIDING THE PROVINCE OF MAGUINDANAO INTO TWO (2) PROVINCES, NAMELY: MAGUINDANAO DEL NORTE AND MAGUINDANAO DEL SUR

Eighteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand twenty.

[ REPUBLIC ACT NO. 11550, May 27, 2021 ]

AN ACT DIVIDING THE PROVINCE OF MAGUINDANAO INTO TWO (2) PROVINCES, NAMELY: MAGUINDANAO DEL NORTE AND MAGUINDANAO DEL SUR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. - This Act shall be known as the "Charter of the Provinces of Maguindanao del Norte and Maguindanao del Sur."

Section 2. Division of the Province of Maguindanao. - The Province of Maguindanao is hereby divided into two (2) distinct and independent provinces to be known as Maguindanao del Norte and Maguindanao del Sur.

Section 3. Composition. - The provinces of Maguindanao del Norte and Maguindanao del Sur shall be composed of the following municipalities:

Section 4. Territorial Jurisdiction. - The territorial jurisdiction of the provinces of Maguindanao del Norte and Maguindanao del Sur shall be within the present metes and bounds of all the municipalities that comprises the respective provinces.

The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of existing boundary disputes or cases involving questions of territorial jurisdiction between the new provinces and adjoining local govenrment units: Provided, That the territorial boundaries of the disputed area or areas shall remain with the local govenrment unit which has existing administrative supervision over said area or areas until final resolution of the case.

Section 5. Capital Towns and Seats of Government. - The capital towns and seats of govenrment of the provinces of Maguindanao del Norte and Maguindanao del Sur shall be the municipalities of Datu Odin Sinsuat and Buluan, respectively.

Section 6. Corporate Powers of the Provinces. - Each province constitutes a political body corporate and as such is endowed with the attributes of perpetual succession and possesses of the powers which pertain to a provincial corporation to be exercised in conformity with the provision of this Charter and Republic Act No. 7160, otherwise known as the "Local Government Code of 1991", as amended. Each province shall have the following corporate powers:

Section 7. General Powers. - Each province shall have a common seal and may alter the same at its pleasure: Provided, That any change of corporate seal shall be registered with the Department of the Interior and Local Government (DILG). Each province shall have the power to create its sources of revenues and to levy taxes, fees and charges; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interests of the province; to expropriate or condemn private property for public use; to contract and to be contracted with; to sue and to be sued; to prosecute and defend to final judgment and execution, suits wherein the province is involved or interested in; and to exercise all the powers as are granted to corporations or as hereinafter granted, subject to the provisions of the Local Government Code of 1991, as amended.

Section 8. Liability for Damages. - Each province and its officials shall not be exempt from liability for death or injury to persons or damage to property.

Section 9. Legislative Districts. - Each province shall have its own legislative district comprising of the municipalities enumerated under Section 3 of this Charter, which shall take effect upon the election and qualification of its representative to be held on the second Monday of May 2022.

For the purpose of this section, the City of Cotabato shall be a part of the Lone Legislative District of the Province of Maguindanao del Norte.

The incumbent Representatives of the present Province of Maguindanao shall continue to represent their respective legislative districts until the expiration of their terms of office.

ARTICLE II
PROVINCIAL OFFICIALS IN GENERAL

Section 10. Officials of the Provincial Government. - (A) In each of the provinces of Maguindanao del Norte and Maguindanao del Sur, there shall be a provincial governor, a provincial vice governor, the regular members of the sangguniang panlalawigan, a secretary to the sangguniang panlalalwigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial budget officer, a provincial planning and development coordinator, a provincial engineer, a provincial health officer, a provincial administrator, a provincial legal officer, a provincial agriculturist, a provincial social welfare and development officers, a provincial veterinarian and a provincial general services officer.

Unless otherwise provided herein or under the Local Government Code of 1991, as amended, the heads of departments and offices shall be appointed by the provincial governor with the concurrence of a majority of all the sangguniang panlalawigan members, subject to civil service law, rules and regulations. The sangguniang panlalawigan shall act on the appointments within fifteen (15) days from the day of submission; otherwise, the same shall be deemed confirmed.

Section 11. Residences and Office. - The official residence and office of the provincial governor, during the latter's incumbency, shall be in the capital of the province. All elective and appointive provincial officials shall hold office in the provincial capital: Provided, That, upon the resolution of the sangguniang panlalawigan, elective and appointive provincial officials may hold office in any component city or municipality within the province for period of not more than seven (7) days for any given month.

Elective and appointive provincial officials shall receive such compensation, allowance and other emoluments as may be determined by law or ordinance, subject to the budgetary limitations on personal services prescribed under Section 325 of the Local Government Code of 1991, as amended: Provided, That no increase in compensation shall take effect until after the expiration of the full term of all the elective officials approving such increase.

ARTICLE III
ELECTIVE PROVINCIAL OFFICIALS

Section 12. The Provincial Governor. - (a) The provincial governor, as the chief executive of the provincial government shall exercise such powers and perform such duties and functions as provided under the Local Government Code of 1991, as amended, and other laws.

The provincial governor shall receive a minimum monthly compensation as precribed under Republic Act No. 6758, otherwise known as the "Compensation and Position Classification Act of 1989", as amended, and the implementing guidelines issued pursuant thereto.

Section 13. The Provincial Vice Governor. - (a) The provincial vice governor shall:

ARTICLE IV
THE SANGGUNIANG PANLALAWIGAN

Section 14. Composition. - (a) The sangguniang panlalawigan, the legislative body of the province, shall be composed of the provincial vice governor as the presiding officer, the regular sangguniang panlalawigan members, the presidenf of the provincial chapter of the liga ng mga barangay, the president of the panlalawigang pederasyon ng mga sangguniang kabataan, the president of the provincial federation of sanggunian members of municipalities and component cities, and the sectoral representatives, as members.

Section 15. Powers, Duties, Functions and Compensation. - (a) The sangguniang panlalawigan, as the legislative body of the province, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the province and its inhabitants pursuant to Section 16 of the Local Government Code of 1991, as amended, and in the proper exercise of the corporate powers of the province as provided under Section 22 of the Local Government Code of 1991, as amended, and shall:

ARTICLE V
PROCESS OF LEGISLATION

Section 16. Internal Rules of Procedure. - (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sangguniang panlalawigan shall adopt or update its existing rules of procedure.

Section 17. Full Disclosure of Financial and Business Interests of Sangguniang Panlalawigan Members. - (a) Every sangguniang panlalawigan member shall, upon assumption to office, make a full disclosure of business and financial interests. The member shall also disclose any business, financial, professional relationship or any relation by affinity or consanguinity within the fourth civil degree, with any person, firm or entity affected by any ordinance or resolution under consideration by the sanggunian of which one is a member, which relationship may result in conflict of interest. Such relationship shall include:

Section 18. Sessions. - (a) On the first day of session immediately following the election of its members, the sangguniang panlalawigan shall, by resolution, fix the day, time and place of its regular sessions. The minimum number of regular sessions of the sangguniang panlalawigan shall be once a week.

Section 19. Quorum. - (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during the session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.

Section 20. Approval of Ordinances. - (a) Every ordinance enacted by the sangguniang panlalawigan shall be presented to the provincial governor. The provincial governor shall sign each and every page of the ordinance to signify approval of the same; otherwise, the provincial governor shall veto it and return the same, stating therein the reasons for such objection. Thereafter, the sanggunian may override the veto of the provincial governor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.

Section 21. Veto Power of the Provincial Governor. - (a) The provincial governor may veto any ordinance of the sangguniang panlalawigan on the ground that it is prejudicial to the public welfare, and return the same, stating therein the reasons for the disapproval.

ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS

Section 22. Permanent Vacancy in the Office of the Provincial Governor. - (a) If a permanent vacancy occurs in the office of the provincial governor, the provincial vice governor shall become the provincial governor or, in case of permanent inability, the highest ranking sanggunian member shall become the provincial governor. If a permanent vacancy occures in the office of the provincial vice governor, the highest ranking sangguniang panlalawigan member shall become the provincial vice governor or, in case of permanent inability, the highest ranking sangguniang panlalawigan member shall become the provincial vice governor. Subsequent vacancies shall be filled automaticallly by the sanggunian members according to their ranking as defined herein:

Section 23. Permanent Vacancies in the Sangguniang Panlalawigan. - (a) Permanent vacancies in the sangguniang panlalawigan where automatic succession as provided for in this Act does not apply shall be filed by appointment by the President, through the Executive Secretary.

Section 24. Temporary Vacancy in the Office of the Provincial Governor. - (a) When the provincial governor is temporarily incapacitated to perform the duties for physical or legal reasons such as leave of absence, travel abroad and suspension from office, the provincial vice governor shall automatically exercise the powers and perform the duties and functions of the provincial governor, except the power to appoint, suspend or dismiss employees which can onlt be exercised if the period of temporary incapacity exceeds thirty (30) working days.

ARTICLE VII
APPOINTIVE PROVINCIAL OFFICIALS:
THEIR QUALIFICATIONS, POWERS AND DUTIES

Section 25. The Secretary to the Sangguniang Panlalawigan. - (a) There shall be a secretary to the sangguniang panlalawigan who shall be a career official with the ranl and salary equal to a head of a department or office.

Section 26. The Provincial Treasurer. - (a) The provincial treasurer shall 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 law, rules and regulations.

Section 27. The Provincial Assessor. - (a) The provincial assessor must be a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce or any other related course from a recognized college or university, a duly registered and licensed real estate service practitioner as provided under Section 30 of Republic Act No. 9646, otherwise known as the "Real Estate Service Act of the Philippines", a first grade civil service eligible or its equivalent and must have acquired at least five (5) years of experience in real property assessment work or in any related field.

Section 28. The Provincial Accountant. - (1) The provincial accountant must be a citizen of the Philippines, a resident of the province, of good moral character, a certified public accountant and must have acquired at least five (5) years experience in the treasury or accounting service.

Section 29. The Provincial Budget Officer. - (a) The provincial budget officer must be a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree preferably in accounting, economics, public administration or any related course from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired at least five (5) years experience in government budgeting or in any related field.

Section 30. The Provincial Planning and Development Coordinator. - (a) The provincial planning and development coordinator must be a citizen of the Philippines, a resident of the province, of good oral character, a holder of a degree preferably in urban planning, development studies, economics, public administration or in any related course from a recognized college or university, a duly registered and licensed environmental planner, as provided under Section 34 of Republic Act No. 10587 or the "Environmental Planning Act of 2013", a first grade civil service eligible or its equivalent and must have acquired at least five (5) years experience in development planning or in any related field.

Section 31. The Provincial Engineer. - (a) The provincial engineer must be a citizen of the Philippines, a resident of the province, of good moral character, a licensed civil engineeer and must have acquired at least five (5) years experience in the practice of the civil engineering profession.

Section 32. The Provincial Health Officer. - (a) The provincial health officer must be a citizen of the Philippines, a resident of the province, of good moral character, a licensed medical practitioner and must have acquired at least five (5) years experience in the practice of the medical profession.

Section 33. The Provincial Administrator. - (a) The provincial administrator must be a citizen of the Philippines, a resident of the province, of good  moral character, a holder of a college degree preferably in public administration, law or any related course from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired at least five (50 years experience in management and administration work.

Section 34. The Provincial Legal Officer. - (a) The provincial legal officer must be a citizen of the Philippines, a resident of the province, of good moral character, a membe of the Philippine Bar and must have practiced for at least five (5) years the law profession.

The term of the provincial legal officer shall be coterminous with that of the appointing authority.

The appointment of the provincial legal officer is mandatory.

Section 35. The Provincial Agriculturist. - (a) The provincial agriculturist must be a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree in agriculture or in any related course from a recognized college or university, a first grade civil service eligible or its equivalent and must have practiced for at least five (5) years the agriculturist profession or acquired experience in the related field.

Section 36. The Provincial Social Welfare and Development Officer. - (a) The provincial social welfare and development officer must a citizen of the Philippines, a resident of the province, of good moral character, a duly licensed social worker, or a holder of a college degree preferably in sociology or in any related course from a recognized college or university, a first grade civil service eliegible or its equivalent and must have acquired experience for at least five (5) years in the practice of social work.

Section 37. The Provincial Veterinarian. - The provincial veterinarian must be a citizen of the Philippines, a resident of the province, of good moral character, a licensed doctor of veterinary medicine and must have practiced for at least three (3) years the veterinary profession.

Section 38. The Provincial General Services Officer. - (a) The provincial general services officer must be a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree in public administration, business administration or management from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired at least five (5) years experience in general services, including the management of supply, property, solid waste disposal and general sanitation.

Section 39. The Provincial Architect. - (a) The provincial architect must be a citizen of the Philippines, a resident of the province, of good moral character, a duly licensed architect and must have practices the architectural profession for at least five (5) years.

Section 40. The Provincial Population Officer. - (a) The provincial population officer must be a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree with specialized training in population development from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired at least five (5) years experience in the implementation of programs on population development or responsible parenthood.

Section 41. The Provincial Environment and Natural Resources Officer. - (a) The provincial environment and natural resources officer must a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture or any related course from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired at least five (5) years experience in environmental and natural resources management, conservation and utilization.

Section 42. The Provincial Cooperatives Officer. - (a) The provincial cooperatives officer must be a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree preferably in business administration with special training in cooperatives or any related course from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired at least five (5) years experience in cooperatives organization and management.

Section 43. The Provincial Information Officer. - (a) The provincial information officer must be a citizen of the Philippines, a resident of the province, of good moral character, a holder of college degree perferably in journalism, mass communication or any related course from a recognized college or university, a first grade civil service eligible or its equivalent and mush have acquired at least three (3) years experience in writing articles and research papers, or in writing for print, television or broadcast media.

ARTICLE VIII
THE PROVINCIAL FIRE STATION, THE PROVINCIAL JAIL,
THE PROVINCIAL SCHOOLS DIVISION AND THE
PROVINCIAL PROSECUTION SERVICE

Section 44. The Provincial Fire Station. - (a) There shall be established in the province at least five (5) fire stations with adequate personnel, firefighting facilities and equipment by the DILG, at least five (5) months upon the commencement of the corporate existence of the new province. The provincial government shall provide the site where the provincial fire station shall be located.

Section 45. The Provincial Jail Service. - (a) The DILG shall, at least five (5) months from the commencement of the corporate existence of the new province, establish and maintain a secured, clean, adequately equipped and sanitary jail facility for the custody and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, or a violent mentalliy ill person who may endanger oneself or the safety of others, as duly certified by the proper medical health officer, prior to the transfer of such person to a mental institution.

Section 46. The Provincial Schools Division. - (a) The DepEd shall, within two (2) months from the commencement of the corporate existence of the province herein created, establish and maintain a separate schools division in the province whose jurisdiction shall cover all the municipalities of the new province.

Section 47. The Provincial Prosecution Service. - (a) The Department of Justice (DOJ) shall, within two (2) months from the commencement of the corporate existence of the province herein created, establish and maintain a prosecution service. It shall be headed by a provincial prosecutor who shall be assisted by such number of assistant prosecutors as may be necessary, and whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering prosecutors in the DOJ. The Provincial Prosecution Service shall be organizationally part of the DOJ, and under the supervision and control of the Secretary of the DOJ.

(b) The provincial prosecutor shall handle the prosecution of criminal cases in the municipal trial courts in the province, as well as in the regional trial courts for criminal cases originating in the territory of the new province and shall render to and for the province such other services as are required by law or regulation of the DOJ.

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

Section 48. Plebiscite. - The provinces of Maguindanao del Norte and Maguindanao del Sur shall be created as provided for in this Chapter upon approval by the majority of the votes cast by the voters of the affected areas in a plbiscite to be conducted and supervised by the Commission on Elections (COMELEC) within ninety (90) days from the date of the effecitvity of this Act.

The expenses for the conduct of the plebiscite shall be borne by the present Province of Maguindanao.

Section 49. Commencement of Corporate Existence. - The corporate existence of the provinces of Maguindanao del Norte and Maguindanao del Sur shall commence upon the composition, qualification and assumption of the provincial governors, provincial vice governors and majority of the members of the sangguniang panlalawigan.

Section 50. Officials of the Newly Created Provinces. - (a) The elective officials of the newly created provinces shall be elected on the second Monday of May 2022 national and local elections: Provided, That if this Act is approved and ratified within six (6) months or more prior to the 2022 national and local elections, the vice governor and the next ranking elective member of the sangguniang panlalawigan of the present Province of Maguindanao, who are residents of the new Maguindanao del Norte shall assume as its acting governor and acting vice governor, respectively, and both shall continue to serve in office until their successors shall have been elected and qualified in the 2022 national and local elections.

Section 51. Organization of the Provincial Government. - All provincial appointive positions in the newly created provinces shall be filled within sixty (60) days upon commencement of its corporate existence.

Section 52. Suspension of Increase in the Rates of Local Taxes. - No increase in the rates of local taxes shall be imposed by the new province within a period of five (5) years from its acquisition of corporate existence.

Section 53. Present Provincial Assets and Properties. - Upon the effectivity of this Act, the ownership of real properties and infrastructure projects of each local government unit situated in the present Province of Maguindanao shall belong to the province where it is situated.

Section 54. Provincial Obligations, Debts and Assets. - Following the plebiscite and creation of the provinces, obligations, debts and assets of all kinds of the present Province of Maguindanao shall be shared or paid equally by the provinces of Maguindanao del Norte and Maguindanao del Sur.

Transitory projects and activities, such as land acquisition, office building construction, furnishing of offices, purchase of furniture, fixture and equipment; assignment of present properties; assignment of employees, hiring of new personnel, education and training of officials, employees and personnel; and all other projects and activities that will ensure the full and complete management, operations and service delivery of the provinces upon the commencement of their corporate existence, shall be financed by the present Province of Maguindanao.

Section 55. Applicability of Laws. - The provisions of the Local Government Code of 1991, as amended, the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao, and other laws are applicable to provinces shall govern the herein created province insofar as they are not inconsistent with the provisions of this Act.

Section 56. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the other parts or provisions not affected thereby shall remain valid and effective.

Section 57. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which which originated in the House of Representatives was passed by the House of Representatives on June 1, 2020, amended by the Senate of the Philippines on March 9, 2021, and which amendments were concurred in by the House of Representatives on March 22, 2021.

Approved: MAY 27 2021