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ROLE AND CREATION OF THE PROVINCE

Role: The province composed of a cluster of municipalities, or municipalities and component cities, and as a political and corporate unit of government,serve as a dynamic mechanism for developmental processes and effective governance of local government units within its territorial jusridiction.(Section 459,L !" #.$ual %ersonality. The province is a political and corporate unit of government and li&e the city and the municipality, it serves as a mechanism for developmental processes and effective governance of the component cities, municipalties and 'arangays within its territorial jurisdiction. Manner Of Creation: ( province may 'e created,divided,merged,a'olished,or its 'oundary su'stantially altered only 'y an (ct of !ongress and su'ject to the approval 'y a majority of the votes cast in a ple'iscite to 'e conducted 'y the !omelec in the local government unit or units directly affected.The ple'iscite shall 'e held within one hundred(#)*" days from the date of its effectivity of said (ct, unless otherwise provided therein.(Section 4+*,L !" Requisites For Creation: (a" ( province may 'e created if it has an average annual income, as certified 'y the $epartment of ,inance of not less than twenty million pesos (%)*,***,***.**" 'ased on #99# constant prices, and it has either of the following re-uisites. (/" ( contiguous territory of at least two thousand (),***" s-uare &ilometres, as certified 'y the Lands 0anagement 1ureau2 or (//" ( population of not less than two hundred fifty thousand ()5*,***" inha'itants, as certified 'y the 3ational Statistics 4ffice. %rovided, That, the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the minimum re-uirements prescri'ed herein. ('" The territory need not 'e contiguous if it comprises two ()" or more islands or is separated 'y a chartered city or cities which do not contri'ute to the income of the province. (c" The average annual income shall include the income accruing to the general fund, e5clusive of special funds, transfer and non6recurring income.(Section 4+#,L !"

Section !"# E$istin% Su&'Pro(inces# #. !onversion of Su'provinces.Two su'provinces were converted into regular provinces 'y the code, namely the su'province of uimaras in /loilo and the su'province of 1iliran in Leyte. /n separate ple'iscites conducted 'y the !omelec simultaneously with the national elections held on 0ay ##, #99), the registered voters of /loilo and uimaras approved their conversion into regular provinces. The various elective positions in the new provinces were to 'e filled 'y appointment 'y the %resident e5cept for the period 'etween the effectivity of the creation of the new province and 7une 8*, #99) when incum'ent su'provincial elective officials were to cease holding office.Thereafter, new appointments were to 'e made and they would hold office until their successors are elected and -ualified. (ppointive officials and employees of the su'provinces who are civil service eligi'les in the career service shall continue in office even after the conversion of the su'provinces into regular provinces. Section !)# Officials of t*e Pro(incial +o(ern,ent# #. %rovincial 0andatory 4fficials. are. (a" a governor, ('" a vice governor, (c" mem'ers of the sangguniang %anlalawigan, (d" a secretary to the Sanggunian, (e" a provincial treasurer, (f" a provincial assessor, (g" a provincial accountant, (h" a provincial engineer, (i" a provincial 'udget officer, (j" a provincial administrator, (&" a provincial health officer, (l" a provincial social welfare and development officer, (m" a provincial general services officer, (n" a provincial agriculturist, and (o" a provincial veterinarian. The veterinarian while optional for municipalities is mandatory for provinces and cities. ). %rovincial 4ptional 4fficials. The optional provincial officials who may 'e appointed 'y the governor su'ject to approval 'y the Sangguniang %anlalawigan are. (a" a provincial population officer, ('" a provincial natural resources and environment officer, (c" a provincial cooperatives officer, (d" a provincial architect, and (e" a provincial information officer. 8. 0aintaining 95isting 4ffices. The Sangguniang %anlalawigan has the power to. maintain e5isting offices,create other offices and positions as may 'e necessary, or consolidate the functions of any office with those of another for reasons of efficiency and economy. 4. u'ernatorial (ppointees Su'ject To !onfirmation. (lthough the governor has the power to appoint the heads of departments in the provincial government, the

appointment is su'ject to confirmation or approval 'y the Sangguniang %anlalawigan within #5 days from su'mission thereof. /f not acted upon within the said period, the appointments are deemed approved. Section ! # Resi-ence an- Office# #. overnor:s ;esidence in !apital ;e-uired. The governor is re-uired 'y this section to reside officially in the provincial capital. (ll elective and appointive officials of the province are re-uired to hold office in the provincial capital. <pon resolution of the Sanggunian %anlalawigan, however, these officials may hold office for not more than seven days in a month in any component city or municipality in the province. Section !.# T*e C*ief E$ecuti(e: Po/ers0 Duties0 Functions0 an- Co,1ensation# #. %rovincial !hief 95ecutive. The governor is the chief e5ecutive of the province. =e e5ercises such powers and performs such duties and functions as the !ode and other pertinent laws provide. ).%owers and $uties. =is powers, duties and functions are similar to those e5ercised 'y the municipal or city mayor. 8. (ppointment of 1udget 4fficer. The issue of whether or not the Secretary of the $epartment of the 1udget and 0anagement has the right to ignore a recommendee of a provincial governor to the position of provincial 'udget officer made pursuant to section # of 95ecutive 4rder 3o. ##) was discussed in the case of ;i>al overnor ;eynaldo ;. San juan v. !ivil Service !ommission #9+ S!;( +9(#99#". The Supreme !ourt ruled that ?:when the !ivil Service !ommission interpreted the recommending power of the provincial governor as purely directory, it went against the letter and spirit of the constitutional provisions on local autonomy. /f the $10 Secretary jealously hoards the entirely of 'udgetary powers and ignores the right of local governments to develop self6 reliance and resoluteness in the handling of their own funds, the goal of meaningful local autonomy is frustrated and set 'ac&.:: /n a scathing aside, 7ustice utierre> who penned the decisions said ?that ?: the complete disregard of the local government:s prerogative and the smug 'elief that the $10 has a'solute wisdom, authority, and discretion are manifest::. The issue is no longer of any concern to the local government officials 'ecause the code now lodges the power to appoint 'udget officers with the governors of provinces and the mayors of cities and municipalities.

4. overnor:s Salary rade. The governor has a minimum monthly salary grade level of 8* as provided under ;epu'lic (ct. 3o.+@5A Section !!# THE PROVINCIAL VICE +OVERNOR: Po/ers0 Duties0 anCo,1ensation# #. Bice overnor:s %owers. The powers and duties of the vice governor are similar to those of the municipal or city vice mayor.The vice6governor shall receive a monthly compensation corresponding to Salary rade twenty6eight ()A". Section !2# THE SAN++3NIAN+ PANLALA4I+AN: Co,1osition# #. Sangguniang %anlalawigan. The Sangguniang %anlalawigan is composed of (a" the vice governor as its presiding officer2 ('" its regular mem'ers2 (c" the %resident of the %rovincial !hapter of the Liga ng mga 1arangay2 (d" the %resident of the %rovincial %ederasyon ng mga Sangguniang Ca'ataan2 (e" the president of the %rovincial ,ederation of Sanggunian mem'ers of municipalities and component cities2 and in addition, (f" three sectoral representatives, namely (i" the women:s representative, (ii" the la'or representative and (iii" the representative of the ur'an poor or the indigenous cultural communites or the disa'led or another sector as determined 'y the Sanggunian. Section !5# Po/ers0 Duties0 Functions an- Co,1ensation# #. %rovincial Legislative 1ody. The Sangguniang %anlalawigan is the legislative 'ody of the province. /t has powers to enact ordinances approve resolutions and appropriate funds for the general welfare of the province and its inha'itants, not only in accordance with this section 'ut pursuant to Sections #+, )) and other pertinent sections of the !ode. /ts powers are similar to those e5ercised 'y the Sangguniang 1ayan and the Sangguniang %anlungsod. ).S% 0em'ers Salary rade. 0em'ers of the Sangguniang %anlalawigan have a salary grade of )5 for component cities and a salary grade of )@ for highly ur'ani>ed cities under the provisions of ;epu'lic (ct no. +@5A and its implementing rules and guidelines.

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