An Act Dividing the Province of Palawan Into Three (3) Provinces, Namely: Palawan del Norte, Palawan Oriental, and Palawan del Sur

Seventeenth Congress
Third Regular Session

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

REPUBLIC ACT No. 11259

An Act Dividing the Province of Palawan Into Three (3) Provinces, Namely: Palawan del Norte, Palawan Oriental, and Palawan del Sur

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

ARTICLE I
GENERAL PROVISIONS

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

Section 2. Division of the Province of Palawan. - The Province of Palawan is hereby divided into three (3) distinct and independent provinces to be known as Palawan del Norte, Palawan Oriental, and Palawan del Sur. The Province of Palawan del Sur shall be the mother province.

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

Section 4. Territorial Jurisdiction. - The provinces of Palawan del Norte, Palawan Oriental, and Palawan del Sur shall be comprised of all the islands of the present Province of Palawan.

The terrestrial jurisdictions of the newly created provinces shall be within the present metes and bounds of all the municipalities that comprise the respective provinces.

The foregoing provisions 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 each province and adjoining local government units: Provided, That the territorial boundaries of the disputed area or areas shall remain with the local government 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 government of the provinces of Palawan del Norte, Palawan Oriental, and Palawan del Sin: shall be the municipalities of Taytay, Roxas, and Brooke’s Point, respectively.

Section 6. Corporate Powers of the Provinces. - Each province constitutes a political body corporate and as such is endowed with the attributes of peipetual succession and possessed of the powers which pertain to a provincial corporation to be exercised in conformity with the provision of this Charter and 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 revenue and to levy taxes, fees and charges; to close and open roads, streets, alleys, parks, or squares; 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 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 herein created shall have its own legislative district comprising of the municipalities enumerated under Section 3 of this Act and effective upon the election and qualification of their representatives to be held on the second Monday of May in the year 2022.

For the purpose of this section, the City of Puerto Princesa shall have 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 10. Incumbent Representatives. - The incumbent Representatives of the present Province of Palawan shall continue to represent their respective legislative districts until new representatives shall have been duly elected, qualified and assumed office.

Section 11. Share in the Proceeds from the Development and Utilization of the National Wealth. - As political subdivisions of the national government, the provinces of Palawan del Norte, Palawan Oriental, and Palawan del Sur shall be entitled to equitable shares in the proceeds of the utilization and development of the national wealth within.their respective terrestrial and maritime jurisdiction.

For the purpose of accelerating economic development arid upgrading the quality of life of the inhabitants, the provinces of Palawan del Norte, Palawan Oriental, and Palawan del Sur shall, in addition to the internal revenue allotment, 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 the following:

The provinces of Palawan del Norte, Palawan Oriental, and Palawan del Sur shall each have a share based on the preceding fiscal year from the proceeds derived by national government agencies (NGAs) or government-owned or -controlled corporations (GOCCs) engaged in the utilization and development of the national wealth based on the following formula, or whichever will produce a higher amount for the abovementioned provinces:

The shares referred to in the preceding paragraphs shall be divided equally among the provinces of Palawan del Norte, Palawan Oriental, and Palawan del Sur and shall be automatically released to them. The share of each province shall further be divided in favor of municipalities and barangays, which shall also be automatically released, as follows:

Section 12. Jurisdiction of Each Province. - For purposes of police and law enforcement, the jurisdiction of each province shall be coextensive with its respective territorial boundary. For the purpose of protecting and ensuring the purity of the water supply of each province, such police jurisdiction shall also extend over all the territory within the drainage area of such water supply source, or within one hundred (100) meters of any reservoir, conduit, canal, aqueduct or pumping station used in connection with each province’s water service.

ARTICLE II
PROVINCIAL OFFICIALS IN GENERAL

Section 13. Officials of the Provincial Government. -

Unless otherwise provided herein or in 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 appointment within fifteen (15) days from the day of its submission; otherwise, the same shall be deemed confirmed.

Elective and appointive provincial officials shall receive such compensation, allowances and other emoluments as may be determined by law or ordinance subject to the budgetary limitations on personal services prescribed under Title V, Book II of this Code: 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.

Section 14. Residence 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 a period of not more than seven (7) days for any given month.

ARTICLE III
ELECTIVE PROVINCIAL OFFICIALS

Section 15. The Provincial Governor -

Section 16. The Provincial Vice Governor. —

ARTICLE IV

THE SANGGUNIANG PANLALAWIGAN

Section 17. Composition. -

Section 18. Powers, Duties, Functions and Compensation -

ARTICLE V

PROCESS OF LEGISLATION

Section 19. Internal Rules of Procedure -

Section 20. Full Disclosure of Financial and Business Interests of Sangguniang Panlalawigan Members -

Section 21. Sessions. -

Section 22. Quorum -

Section 23. Approval of Ordinances -

Section 24. Veto Power of the Provincial Governor -

ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS

Section 25. Permanent Vacancy in the Office of the Provincial Governor -

Section 26. Permanent Vacancies in the Sangguniang Panlalawigan -

Section 27. Temporary Vacancy in the Office of the- Provincial Governor -

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

Section 28. The Secretary to the Sangguniang Panlalawigan -

Section 29. The Provincial Treasurer -

Section 30. The Provincial Assessor -

Section 31. The Provincial Accountant -

The incumbent chief accountant in the Office of the Treasurer shall be given preference in the appointment to the positions of accountant.

Section 32. The Provincial Budget Officer -

Section 33. The Provincial Planning and Development Coordinator -

Section 34. The Provincial Engineer -

Section 35. The Provincial Health Officer -

Section 36. The Provincial Administrator. —

Section 37. The Provincial Legal Officer -

Section 38. The Provincial Agriculturist -

Section 39. The Provincial Social Welfare and Development Officer -

Section 40. The Provincial Veterinarian -

Section 41. The Provincial General Services Officer -

Section 42. The Provincial Architect -

Section 43. The Provincial Population Officer -

Section 44. The Provincial Environment and Natural Resources Officer -

Section 45. The Provincial Cooperatives Officer -

Section 46. The Provincial Information Officer -

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

Section 47. The Provincial Fire Station Service -

Section 48. The Jail Service. - There shall be established and maintained in the province, within two (2) months upon the commencement of the corporate existence of the new province by the DILG, through the Bureau of Jail Management and Penology (BJMP), a secured, clean, adequately equipped and sanitary district jail for the custody and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or retransfer to the National Penitentiary. The provincial government shall provide the necessary land or site for the establishment of district jails.

Section 49. The Provincial Schools Division -

Section 50. The Provincial Prosecution Service -

ARTICLE IX

TRANSITORY AND FINAL PROVISIONS

Section 51. Plebiscite. - The provinces of Palawan del Norte, Palawan Oriental, and Palawan del Sur shall be created upon approval by the majority of the votes cast by the voters of the affected areas in a plebiscite to be conducted and supervised by the Commission on Elections (COMELEC) on the second Monday of May 2020 following the effectivity of this Charter.

The amount necessary for the conduct of the plebiscite shall be charged against the appropriations of the present Province of Palawan.

Section 52. Commencement of Corporate Existence. - The provinces of Palawan del Norte, Palawan Oriental, and Palawan del Sur shall commence its corporate existence upon the election and qualification of its provincial governor, provincial vice governor and majority of the members of the sangguniang panlalawigan.

The election of the provincial officials of the newly created provinces shall be held on the second Monday of May in the year 2022.

Section 53. Officials of the Newly Created Provinces. - The first set of elective officials of the newly created provinces shall be elected in the May 2022 national and local elections.

The provincial officials who were duly elected and qualified in the election immediately preceding the May 2022 national and local elections shall continue to serve their unexpired terms of office until the provincial officials of the three (3) provinces shall have been elected and qualified.

Section 54. Residents of the City of Puerto Princesa. - The residents of the City of Puerto Princesa, as a highly urbanized city, shall not be qualified to vote in the plebiscite and for candidates for provincial elective positions.

The district representatives who were duly elected and qualified in the election immediately preceding the May 2022 national and local elections of the present First Legislative District, Second Legislative District, and Third Legislative District shall continue to represent their respective districts until the representatives for the newly created legislative districts for the three (3) provinces and the highly urbanized City of Puerto Princesa shall have been elected and qualified.

Section 55. 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. This shall be done without prejudice to the officials and employees of the present Province of Palawan who may wish to serve in any of the newly created provinces.

Section 56. Present Provincial Properties. - Following the plebiscite and creation of the provinces, the ownership of real properties and infrastructure projects of each LGU situated in the present Province of Palawan shall belong to the province where it is situated. Real properties located in the City of Puerto Princesa, owned by the present Province of Palawan or held in trust for the national government, shall be co-owned and/or co-managed by the three (3) provinces for the mutual benefit of its constituents. Decision as to its use and disposition shall be made upon a consensus of at least two (2) provinces to be embodied in a memorandum of agreement duly entered into in accordance with the Local Government Code of 1991, as amended.

Section 57. Funds, Obligations and Assets of the Newly Created Provinces. - Following the plebiscite and creation of the provinces, the funds, obligations and assets of all kinds of the present Province of Palawan subsisting at the time of the effectivity of the creation of the three (3) provinces herein created shall be distributed among the three (3) provinces proportionately with the income of the municipalities comprising the same: Provided, however, That if the obligation had been contracted to finance a project belonging to any one of the three (3) provinces, the said province shall be solely responsible to settle such obligation.

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 its corporate existence, shall be financed and implemented by the present Provincial Government of Palawan.

Section 58. Applicability of Laws. - The provisions of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991", as amended, and other laws as are applicable to provinces shall govern the provinces herein created insofar as they are not inconsistent with the provisions of this Act.

Section 59. Separability Clause. - If any part of this Act is declared invalid or unconstitutional, the other parts or provisions hereof shall remain valid and effective.

Section 60. Effectivity. - This Act shall take effect fifteen (15) days upon its publication in the Official Gazette or in a newspaper of general and local circulation.

Approved,

VICENTE C. SOTTO III
President of the Senate

GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

This Act which originated in the House of Representatives was passed by the House of Representatives on August 29, 2018, amended by the Senate of the Philippines on November 19, 2018, and which amendments were concurred in by the House of Representatives on January 23, 2019.

MYRA MARIE D. VILLARICA
Secretary of the Senate

DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives

Approved: April 5, 2019

(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines