AN ACT CREATING THE PROVINCE OF DAVAO OCCIDENTAL

Fifteenth Congress

Third Regular Session

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

REPUBLIC ACT NO. 10360

AN ACT CREATING THE PROVINCE OF DAVAO OCCIDENTAL

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 Province of Davao Occidental".

Section 2. Province of Davao Occidental. – There is hereby created a new province from the present Province of Davao del Sur to be known as the Province of Davao Occidental, consisting of the municipalities of Sta. Maria, Malita, Don Marcelino, Jose Abad Santos and Sarangani. The territorial jurisdiction of the Province of Davao Occidental shall be within the present metes and bounds of all the municipalities that comprise the Province of Davao Occidental.

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 Province of Davao Occidental and adjoining local government units (LGUs): Provided, That the territorial jurisdiction of the disputed area or areas shall remain with the LGU, which has existing administrative supervision over said area or areas until final resolution of the case.

Section 3. Capital Town and Seat of Government. – The capital town and seat of government of the new Province of Davao Occidental shall be the Municipality of Malita.

Section 4. Corporate Powers of the Province. – The province constitutes a political body corporate and as such is endowed with the attributes of perpetual 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 1991 Local Government Code, as amended. The province shall have the following corporate powers:

Section 5. General Powers. – The 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). It 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 1991 Local Government Code, as amended.

Section 6. Liability for Damages. – The province and its officials shall not be exempt from liability for death or injury to persons or damage to property.

Section 7. Legislative District. – The Province of Davao Occidental shall have its own legislative district to commence in the next national and local elections after the effectivity of this Charter. Henceforth, the municipalities of Sta. Maria, Malita, Don Marcelino, Jose Abad Santos and Sarangani shall comprise the Lone Legislative District of the Province of Davao Occidental while the City of Digos and the municipalities of Malalag, Sulop, Kiblawan, Padada, Hagonoy, Sta. Cruz, Matanao, Bansalan and Magsaysay shall comprise the Lone Legislative District of the Province of Davao del Sur.

The incumbent Representatives of the present Province of Davao del Sur shall continue to represent their respective legislative districts until the expiration of their term of office.

ARTICLE II
PROVINCIAL OFFICIALS IN GENERAL

Section 8. Officials of the Provincial Government. –

Unless otherwise provided herein or in the 1991 Local Government Code, 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.

Section 9. Residence and Office. – During the incumbency of the provincial governor, he or she shall have his or her official residence and office 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.

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 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 10. 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 for in the Local Government Code of 1991, as amended, and other laws.

(b) For efficient, effective and economical governance, the purpose of which is the general welfare of the province and its inhabitants pursuant to Section 16 of the Local Government Code of 1991, as amended, the provincial governor shall:

The provincial governor shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, as amended, and the implementing guidelines issued pursuant thereto.

Section 11. The Provincial Vice Governor. – (a) The provincial vice governor shall:

(b) The provincial vice governor shall receive a monthly compensation corresponding to Salary Grade Twenty-eight (28) as prescribed under Republic Act No. 6758, as amended, and the implementing guidelines issued pursuant thereto.

ARTICLE IV
THE SANGGUNIANG PANLALAWIGAN

Section 12. 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 president 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 three (3) sectoral representatives, as members, who shall come from the following sectors: one (1) from the women sector; and, as shall be determined by the sangguniang panlalawigan within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers sector; and one (1) from the other sectors, including the urban poor, indigenous cultural communities or persons with disability.

(b) The regular members of the sangguniang panlalawigan and the sectoral representatives shall be elected in the manner as provided for by law, and shall receive a monthly compensation corresponding to Salary Grade Twenty-seven (27) as prescribed under Republic Act No. 6758, as amended, and the implementing guidelines issued pursuant thereto.

Section 13. 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 for under Section 22 of the Local Government Code of 1991, as amended, and shall:

ARTICLE V
PROCESS OF LEGISLATION

Section 14. 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.

(b) The rules of procedure shall provide for the following:

Section 15. 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 his or her business and financial interests. He or she shall also disclose any business financial, professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he or she may have with any person, firm or entity affected by any ordinance or resolution under consideration by the sanggunian of which he or she is a member, which relationship may result in conflict of interest. Such relationship shall include:

In the absence of a specific constitutional or statutory provisions applicable to this situation, "conflict of interest" refers in general to one where it may be reasonably deduced that a member of a sangguniang panlalawigan may not act in the public interest due to some private, pecuniary or other personal considerations that may tend to affect his or her judgment to the prejudice of the service or the public.

(b) The disclosure required under this Act shall be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which he or she is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner:

Section 16. 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.

(b) When the public interest so demands, special sessions may be called by the provincial governor or by a majority of the members of the sanggunian.

(c) All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency or morality. No two (2) sessions, regular or special, may be held in a single day.

(d) In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the members’ usual place of residence at least twenty-four (24) hours before the special session is held.

Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.

(e) The sanggunian shall keep a journal and a record of its proceedings which may be published upon resolution of the sangguniang panlalawigan.

Section 17. 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.

(b) Where there is no quorum, the presiding officer may declare a recess until such time a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the province, to arrest the absent member and present him or her at the session.

(c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.

Section 18. Approval of Ordinances. – (a) Every ordinance enacted by the sangguniang panlalawigan shall be presented to the provincial governor. If the provincial governor approves the same, he or she shall affix his or her signature on each and every page thereof; otherwise, he or she shall veto it and return the same with his or her objections to the sanggunian, which may proceed to reconsider the same. 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.

(b) The veto shall be communicated by the provincial governor to the sangguniang panlalawigan within fifteen (15) days; otherwise, the ordinance shall be deemed approved as if he or she had signed it.

Section 19. 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, stating his or her reasons thereof in writing.

(b) The provincial governor shall have the power to veto any particular item or items of an appropriation ordinance, an ordinance or resolution adopting a local development plan and public investment program or an ordinance directing the payment of money or creating liability. In such case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sangguniang panlalawigan overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted.

(c) The provincial governor may veto an ordinance or resolution only once. The sanggunian may override the veto of the provincial governor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the provincial governor.

ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS

Section 20. Permanent Vacancy in the Office of the Provincial Governor. – (a) If a permanent vacancy occurs m the office of the provincial governor, the provincial vice governor shall become the provincial governor or in case of his or her permanent inability, the highest ranking sanggunian member shall become the provincial governor. If a permanent vacancy occurs in the office of the provincial vice governor, the highest ranking sangguniang panlalawigan member shall become the provincial vice governor or, in case of his or her permanent incapacity, the highest ranking sangguniang panlalawigan member shall become the provincial vice governor. Subsequent vacancies shall be filled automatically by other sanggunian members according to their ranking as defined herein:

Section 21. Permanent Vacancies in the Sangguniang Panlalawigan. – (a) Permanent vacancies in the sangguniang panlalawigan where automatic succession as provided does not apply shall be filled by appointment by the President, through the Executive Secretary.

(b) Only the nominee of the political party under which the sanggunian member concerned had been elected and whose elevation to the position next higher in rank created the last vacancy in the sanggunian shall be appointed in the manner herein provided. The appointee shall come from the same political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office.

In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefor.

(c) In case the permanent vacancy is caused by a sanggunian member who does not belong to any political party, the provincial governor shall, upon recommendation of the sangguniang panlalawigan, appoint a qualified person to fill in the vacancy.

(d) In case of vacancy in the representation of the sangguniang kabataan, the sangguniang barangay and the provincial league of councilors in the sangguniang panlalawigan, said vacancy shall be filled in automatically by the official next-in-rank of the organization concerned.

Section 22. Temporary Vacancy in the Office of the Provincial Governor. – (a) When the provincial governor is temporarily incapacitated to perform his or her duties for physical or legal reasons such as, but not limited to, 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 only be exercised if the period of temporary incapacity exceeds thirty (30) working days.

(b) Said temporary incapacity shall terminate upon submission to the sangguniang panlalawigan of a written declaration by the provincial governor that he or she has reported back to office. In case where the temporary incapacity is due to legal cause, the provincial governor shall also submit necessary documents showing that the said legal cause no longer exists.

(c) When the provincial governor is traveling within the country but outside territorial jurisdiction for a period not exceeding three (3) consecutive days, he or she may designate in writing the officer-in-charge of his or her office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the provincial governor, except the power to appoint, suspend or dismiss employees.

(d) In the event, however, that the provincial governor fads or refuses to issue such authorization, the provincial vice governor shall have the right to assume the powers, duties and functions of the said office on the fourth (4th) day of absence of the provincial governor, subject to the limitations provided for in subsection (c) hereof.

(e) Except as provided above, the provincial governor shall, in no case, authorize any local official to assume the powers, duties and functions of the office other than the provincial vice governor.

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

Section 23. The Secretary to the Sangguniang Panlalawigan. – (a) There shall be a secretary to the sangguniang panlalawigan who shall be a career official with the rank and salary equal to a head of a department or office.

(b) No person shall be appointed secretary to the sanggunian unless he or she is a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent.

(c) The secretary to the sanggunian shall take charge of the office of the sangguniang panlalawigan, and shall:

(d) Exercise such powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his or her position.

Section 24. 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.

(b) The provincial treasurer shall be under the administrative supervision of the provincial governor, to whom he or she shall report regularly on the tax collection efforts in the LGU.

(c) No person shall be appointed provincial treasurer unless he or she is a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree preferably in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in treasury or accounting service for at least five (5) years.

The appointment of the provincial treasurer shall be mandatory.

(d) He or she shall take charge of the treasury office, and perform the duties as provided for under Book II of the Local Government Code of 1991, as amended, and shall:

(e) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 25. The Provincial Assessor. – (a) No person shall be appointed provincial assessor unless he or she is 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, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in real property assessment work or in any related field for at least five (5) years.

The appointment of the provincial assessor shall he mandatory.

(b) The provincial assessor shall take charge of the assessor’s office and perform the duties as provided for under Book II of the Local Government Code of 1991, as amended, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 26. The Provincial Accountant. – (a) No person shall be appointed provincial accountant unless he or she is a citizen of the Philippines, a resident of the province, of good moral character and a certified public accountant. He or she must have acquired experience in the treasury or accounting service for at least five (5) years.

The appointment of a provincial accountant is mandatory.

(b) The provincial accountant shall take charge of both the accounting and internal audit services of the province, and shall:

Section 27. The Provincial Budget Officer. – (a) No person shall be appointed provincial budget officer unless he or she is 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, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in government budgeting or in any related field for at least five (5) years.

The appointment of the provincial budget officer shall be mandatory.

(b) The provincial budget officer shall take charge of the budget office, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

(d) The appropriations for personal services of the budget officer shall be provided for in full in the annual budget of the provincial government.

Section 28. The Provincial Planning and Development Coordinator. – (a) No person shall be appointed provincial planning and development coordinator unless he or she is a citizen of the Philippines; a resident of the province; of good moral character; a holder of a college degree preferably in urban planning, development studies, economics, public administration or in any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in development planning or in any related field for at least five (5) years.

The appointment of a provincial planning and development coordinator shall be mandatory to the provincial government.

(b) The provincial planning and development coordinator shall take charge of the planning and development office, and shall:

(c) Exercise such other powers and perform such other functions and duties as may be prescribed by law or ordinance.

Section 29. The Provincial Engineer. – (a) No person shall be appointed provincial engineer unless he or she is a citizen of the Philippines, a resident of the province, of good moral character and a licensed civil engineer. He or she must have acquired experience in the practice of his or her profession for at least five (5) years.

The appointment of the provincial engineer shall be mandatory.

(b) The provincial engineer shall take charge of the engineering office, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 30. The Provincial Health Officer. – (a) No person shall be appointed provincial health officer unless he or she is a citizen of the Philippines, a resident of the province, of good moral character and a licensed medical practitioner. He or she must have acquired experience in the practice of his or her profession for at least five (5) years.

The appointment of a provincial health officer shall be mandatory.

(b) The provincial health officer shall take charge of the office on health services, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 31. The Provincial Administrator. – (a) No person shall be appointed provincial administrator unless he or she is 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; and a first grade civil service eligible or its equivalent. He or she must have acquired experience in management and administration work for at least five (5) years.

The term of the provincial administrator is coterminous with that of his or her appointing authority.

The appointment of the provincial administrator shall be mandatory.

(b) The provincial administrator shall take charge of the office of the administrator, and shall:

Section 32. The Provincial Legal Officer. – (a) No person shall be appointed provincial legal officer unless he or she is a citizen of the Philippines, a resident of the province, of good moral character and a member of the Philippine Bar. He or she must have practiced his or her profession for at least five (5) years.

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

The appointment of the provincial legal officer shall be mandatory.

(b) The provincial legal officer, the chief legal counsel of the province, shall take charge of the office for legal services, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 33. The Provincial Agriculturist. – (a) No person shall be appointed provincial agriculturist unless he or she is 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, and a first grade civil service eligible or its equivalent. He or she must have practiced his or her profession in agriculture or acquired experience in a related field for at least five (5) years.

The appointment of the provincial agriculturist shall be mandatory.

(b) The provincial agriculturist shall take charge of the office for agricultural services, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 34. The Provincial Social Welfare and Development Officer. – (a) No person shall be appointed provincial social welfare and development officer unless he or she is 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, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in the practice of social work for at least five (5) years.

The appointment of a provincial social welfare and development officer shall be mandatory.

(b) The provincial social welfare and development officer shall take charge of the office on social welfare and development services, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 35. The Provincial Environment and Natural Resources Officer. – (a) No person shall be appointed provincial environment and natural resources officer unless he or she is 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, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in environmental and natural resources management, conservation and utilization for at least five (5) years.

The appointment of a provincial environment and natural resources officer shall be optional.

(b) The provincial environment and natural resources officer shall take charge of the office on environment and natural resources, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 36. The Provincial Veterinarian. – (a) No person shall be appointed provincial veterinarian unless he or she is a citizen of the Philippines, a resident of the province, of good moral character and a licensed doctor of veterinary medicine. He or she must have practiced his or her profession for at least three (3) years.

The appointment of a provincial veterinarian shall be mandatory.

(b) The provincial veterinarian shall take charge of the office for veterinary services, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 37. The Provincial General Services Officer. – (a) No person shall be appointed provincial general services officer unless he or she is 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 and management from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in general services, including the management of supply, property, solid waste disposal and general sanitation for at least five (5) years.

The appointment of a provincial general services officer shall be mandatory.

(b) The provincial general services officer shall take charge of the office of general services, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 38. The Provincial Cooperatives Officer. – (a) No person shall be appointed provincial cooperatives officer unless he or she is a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree preferably in business administration course with special training in cooperatives or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in cooperatives organization and management for at least five (5) years.

The appointment of a provincial cooperatives officer shall be optional.

(b) The provincial cooperatives officer shall take charge of the office for the development of cooperatives, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 39. The Provincial Architect. – (a) No person shall be appointed provincial architect unless he or she is a citizen of the Philippines, a resident of the province, of good moral character and a duly licensed architect. He or she must have practiced his or her profession for at least five (5) years.

The appointment of a provincial architect shall be optional.

(b) The provincial architect shall take charge of the office on architectural planning and design, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 40. The Provincial Population Officer. – (a) No person shall be appointed provincial population officer unless he or she is 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, and a first grade civil service eligible or its equivalent. He or she must have experience in the implementation of programs on population development or responsible parenthood for at least five (5) years.

The appointment of a provincial population officer shall be optional.

(b) The provincial population officer shall take charge of the office on population development, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Section 41. The Provincial Information Officer. – (a) No person shall be appointed provincial information officer unless he or she is a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree preferably in journalism, mass communication or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in writing articles and research papers, or in writing for print, television or broadcast media for at least three (3) years.

The term of the provincial information officer is coterminous with that of his or her appointing authority.

The appointment of a provincial information officer shall be optional.

(b) The provincial information officer shall take charge of the office on public information, and shall:

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

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

Section 42. The Provincial Fire Station Service. – (a) There shall be established in the province at least five (5) fire stations with adequate personnel, firefighting facilities and equipment by the DILG, within two (2) months upon the commencement of the corporate existence of the new province. The provincial government shall provide the necessary land or site of the provincial fire stations.

(b) The provincial fire station service shall be headed by a provincial fire marshal whose qualifications shall be as those provided for under Republic Act No. 9263, as amended, otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004″.

(c) The provincial fire stations shall be responsible for the protection of various emergency services such as the rescue and evacuation of injured people at fire-related incidents and, in general, fire prevention and suppression measures to secure the safety of life and property of the citizenry.

Section 43. The Provincial Jail Service. – (a) 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, 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, and/or violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper medical health officer, pending the transfer to a mental institution.

(b) The provincial jail service shall be headed by a provincial jail warden whose qualifications shall be as those provided for under Republic Act No. 9263, as amended, otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004″. He or she shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to.

Section 44. The Provincial Schools Division. – (a) The DepED shall, within two (2) months upon 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.

(b) The provincial schools division shall be headed by a division superintendent who must possess the necessary qualifications required by the DepED.

Section 45. The Provincial Prosecution Service. – (a) There shall be established and maintained a prosecution service by the Department of Justice (DOJ), within two (2) months upon the commencement of the corporate existence of the province herein created, who shall be headed by a provincial prosecutor and such number of assistant prosecutors as may be necessary, who shall be organizationally part of the DOJ, and under the supervision and control, of the Secretary of the DOJ, and whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering prosecutors in the DOJ.

(b) The provincial prosecutor shall handle the criminal prosecution 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 46. Plebiscite. – The Province of Davao Occidental shall be created, as provided for in this Charter, 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) within sixty (60) days from the date of the effectivity of this Charter.

The amount, necessary for the conduct of the plebiscite shall be borne by the COMELEC.

Section 47. Commencement of Corporate Existence. – The Province of Davao Occidental shall commence corporate existence upon the election and qualification of the provincial governor, provincial vice governor and majority of the members of the sangguniang panlalawigan.

Section 48. Officials of the Province of Davao Occidental. – The first set of elective officials of the Province of Davao Occidental shall be elected in the next national and local elections following the effectivity of this Charter.

All elective and nonelective provincial and local government officials and employees of the present Province of Davao del Sur shall continue to serve their term of office, perform their duties and functions in the province, until the commencement of the corporate existence of the new province, as provided for in the immediately preceding section of this Act.

Section 49. Organization of the Provincial Government. – All provincial appointive positions in the Province of Davao Occidental 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 Davao del Sur who may wish to serve in the Province of Davao Occidental.

Section 50. 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 the period of five (5) years from its acquisition of corporate existence.

Section 51. Present Provincial Properties. – Upon the effectivity of this Act, the ownership of real properties and infrastructure projects of each LGU situated in the present Province of Davao del Sur shall belong to the province where it is situated.

Section 52. 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 herein created province insofar as they are not inconsistent with the provisions of this Act.

Section 53. Separability Clause. – If any part of this Act is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.

Section 54. Effectivity. – This Act shall take effect fifteen (15) days upon its publication in at least two (2) newspapers of general and local circulation.

Approved,

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on November 28, 2012 and December 5, 2012, respectively.

Approved: JAN 14 2013

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines