The Rule of Province, Manner and Creation Requirements PDF

Document Details

NicerDobro

Uploaded by NicerDobro

City College of El Salvador

Tags

provincial government local government requirements legislation

Summary

This document outlines the rules, procedures, and requirements for creating, dividing, merging, abolishing, or altering the boundaries of provinces in the Philippines. It details the necessary criteria, including income, population, and land area. It also describes the role of the provincial governor, the composition of the legislative body, and the process for converting sub-provinces to regular provinces.

Full Transcript

THE RULE OF PROVINCE, MANNER AND CREATION REQUIREMENTS: DIMAGNAONG ,KC DELA VEGA , R MAGPULONG , A ROLE AND CREATION OF THE PROVINCE Section 459: Role of the Province The province is a political and corporate unit of government comp...

THE RULE OF PROVINCE, MANNER AND CREATION REQUIREMENTS: DIMAGNAONG ,KC DELA VEGA , R MAGPULONG , A ROLE AND CREATION OF THE PROVINCE Section 459: Role of the Province The province is a political and corporate unit of government composed of a cluster of municipalities or municipalities and component cities. It serves as a dynamic mechanism for developmental processes and effective governance within its territorial jurisdiction. SECTION 460: MANNER OF CREATION A province can be created, divided, merged, abolished, or its boundaries altered only by an Act of Congress. This action must be approved by a majority vote in a plebiscite conducted by the Commission on Elections (Comelec) within 120 days from the effectivity of the Act, unless otherwise specified. SECTION 461: REQUISITES FOR CREATION A province may be created if it meets the following criteria: An average annual income of at least Php 20,000,000.00 based on 1991 constant prices, certified by the Department of Finance. Either a contiguous territory of at least 2,000 square kilometers, certified by the Lands Management Bureau, or a population of at least 250,000 inhabitants, certified by the National Statistics Office. The creation should not reduce the land area, population, and income of the original unit(s) below the minimum requirements. The territory does not need to be contiguous if it consists of two or more islands or is separated by a chartered city that does not contribute to the province’s income. The average annual income includes income accruing to the general fund, excluding special funds, trust funds, transfers, and non-recurring income. CONVERSION OF SUB- PROVINCES TO REGULAR PROVINCES 1.APPROVAL PROCESS Existing sub-provinces will be converted into regular provinces if a majority of votes in a plebiscite (a direct vote by the electorate) approve the conversion. This plebiscite will be held in both the sub-provinces and the original provinces affected by the conversion. The plebiscite will be conducted by the Commission on Elections (Comelec) at the same time as the national elections following the implementation of this Code. 2.LEGISLATIVE REPRESENTATION New legislative districts created from the conversion will continue to be represented in Congress by the current representatives of the original districts until new representatives are elected in the next regular congressional elections. 3. INCUMBENT OFFICIALS Elected officials of the sub-provinces being converted will remain in office until June 30, 1992. If there are vacancies due to the expiration of terms or a negative vote in the plebiscite, the President will appoint officials to fill these positions. These appointees will serve until successors are elected in the next regular local elections. 4.APPOINTMENT OF NEW OFFICIALS After the conversion, if no governor has been appointed, the President will appoint a governor, vice-governor, and other members of the provincial board (Sangguniang Panlalawigan). These appointees will serve until new officials are elected in the next regular local elections. 5. CAREER SERVICE EMPLOYEES All qualified appointive officials and employees in the career service of the sub-provinces at the time of conversion will continue in their positions according to civil service laws, rules, and regulations. SECTION 463. OFFICIALS OF THE PROVINCIAL GOVERNMENT A) MANDATORY OFFICIALS: EACH PROVINCE MUST HAVE THE FOLLOWING OFFICIALS: Governor Provincial Planning and Vice-Governor Development Coordinator Members of the Sangguniang Provincial Legal Officer Panlalawigan (Provincial Board) Provincial Administrator Secretary to the Sangguniang Provincial Health Officer Panlalawigan Provincial Social Welfare and Provincial Treasurer Development Officer Provincial Assessor Provincial General Services Provincial Accountant Officer Provincial Engineer Provincial Agriculturist Provincial Budget Officer Provincial Veterinarian SECTION 463. OFFICIALS OF THE PROVINCIAL GOVERNMENT: (b) Additional Appointments by the Governor: - The governor has the authority to appoint the following additional officials: Provincial Population Officer Provincial Natural Resources and Environment Officer Provincial Cooperative Officer Provincial Architect Provincial Information Officer SECTION 463. OFFICIALS OF THE PROVINCIAL GOVERNMENT (c)Powers of the Sangguniang Panlalawigan: The Sangguniang Panlalawigan (Provincial Board) has the authority to: 1.Maintain Existing Offices: Continue operating offices not mentioned in subsections (a) and (b). 2.Create New Offices: Establish additional offices as necessary to fulfill the provincial government’s objectives. 3.Consolidate Functions: Merge the functions of any office with another to promote efficiency and economy. SECTION 463. OFFICIALS OF THE PROVINCIAL GOVERNMENT (c)Powers of the Sangguniang Panlalawigan: The Sangguniang Panlalawigan (Provincial Board) has the authority to: 1.Maintain Existing Offices: Continue operating offices not mentioned in subsections (a) and (b). 2.Create New Offices: Establish additional offices as necessary to fulfill the provincial government’s objectives. 3.Consolidate Functions: Merge the functions of any office with another to promote efficiency and economy. SECTION 463. OFFICIALS OF THE PROVINCIAL GOVERNMENT (d) Appointment of Department and Office Heads: Unless specified otherwise in the Code, the heads of departments and offices are appointed by the governor. These appointments require the concurrence of the majority of all the members of the Sangguniang Panlalawigan (Provincial Board). OFFICIALS AND OFFICES COMMON TO ALL PROVINCES: SECTION 465. THE CHIEF EXECUTIVE: POWERS, DUTIES, FUNCTIONS, AND COMPENSATION: (a) Role of the Provincial Governor The provincial governor acts as the chief executive of the provincial government. They are responsible for exercising powers and performing duties as outlined by the Local Government Code and other relevant laws. (b) Governance for General Welfare To ensure efficient, effective, and economical governance aimed at the general welfare of the province and its inhabitants, the provincial governor shall: 1.Supervision and Control: General Supervision: Oversee all programs, projects, services, and activities of the provincial government. 2.Policy Guidelines: Determine provincial policies and be accountable to the Sangguniang Panlalawigan (provincial board) for the government’s program. 3.Development Plan: Direct the creation of the provincial development plan with the help of the provincial development council and implement it upon approval by the Sangguniang Panlalawigan. 4.Program Presentation: Present the government program and propose policies and projects to the Sangguniang Panlalawigan at the start of each regular session and as needed. 5.Legislative Proposals: Initiate and propose legislative measures to the Sangguniang Panlalawigan and provide necessary information and data for its legislative functions. 6.Appointments: Appoint officials and employees whose salaries are paid from provincial funds, unless otherwise specified by the Code or authorized by law. 7.Representation: Represent the province in all business transactions and sign on its behalf. SECTION 465. The Chief Executive: Powers, Duties, Functions, and Compensation: (b) Governance for General Welfare 1.Supervision and Control: (vii) Financial Management: Ensure that all executive officials and employees of the province faithfully discharge their duties and functions as provided by law and this Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the province who may have committed an offense in the performance of their official duties. (viii) Budget Preparation: Prepare and submit to the Sangguniang Panlalawigan for approval the executive and supplemental budgets of the province for the ensuing calendar year. (ix) Property Management: Ensure that all provincial funds and properties are safeguarded and properly utilized, and that provincial funds are applied to the payment of expenses and obligations of the province in accordance with law or ordinance. (x) Public Safety: Ensure the delivery of basic services and the provision of adequate facilities, and in addition thereto, shall: (1) Ensure that the construction and repair of roads and highways funded by the national government are carried out in accordance with standards set by the Department of Public Works and Highways (DPWH); (2) Adopt measures to safeguard and conserve land, mineral, marine, forest, and other resources of the province, in coordination with the mayors of component cities and municipalities; (3) Provide for the establishment and maintenance of a waterworks system or district waterworks for supplying water to inhabitants of component cities and municipalities; (4) Adopt measures to prevent and control the proliferation of squatters and mendicants in the province; (5) Adopt measures to eradicate drug addiction, particularly in the provincial jail and youth detention centers; (6) Initiate and implement programs and projects for the enhancement of the social, economic, and cultural well-being of the inhabitants of the province; (7) Implement laws and policies on the prevention and suppression of lawlessness, disorder, riot, violence, rebellion, and sedition, and impose penalties for the violation of said laws and policies. Section 467: Composition legislative body of the province: (a) Composition of the Sangguniang Panlalawigan: Presiding Officer: The provincial vice-governor. Members: Regular sanggunian members. President of the provincial chapter of the Liga ng mga Barangay. President of the Panlalawigang Pederasyon ng mga Sangguniang Kabataan. President of the provincial federation of sanggunian members of municipalities and component cities. Sectoral representatives. (b) Sectoral Representatives: There will be three (3) sectoral representatives: One (1) from the women. One (1) from the agricultural or industrial workers (to be determined by the sanggunian concerned within ninety (90) days prior to the local elections). One (1) from other sectors, including the urban poor, indigenous cultural communities, or disabled persons. Election of Members: The regular members and sectoral representatives of the Sangguniang Panlalawigan shall be elected as provided by law. HERE ARE THE TOP 10 LARGEST PROVINCES IN THE PHILIPPINES BY LAND AREA: 1. PALAWAN 17,030.75 square kilometers 2. ISABELA 12,414.93 square kilometers 3.BUKIDNON 12,498.59 square kilometers 4. AGUSAN DEL SUR 9,989.52 square kilometers 5. CAGAYAN VALLEY 9,295.75 square kilometers 6. QUEZON PROVINCE 9,069.60 square kilometers 7. COTABATO PROVINCE 9,008.90 square kilometers 8. NEGROS OCCIDENTAL 7,965.21 square kilometers 9. ZAMBOANGA DEL NORTE 7,301 square kilometers 10. DAVAO DEL SUR 6,771.04 square kilometers THESE OUR THE POWER OF PROVINCE: 1.EXECUTIVE BRANCH: - This is headed by the Governor, who is elected by the residents of the province. The Governor is responsible for implementing provincial policies and overseeing the day-to-day operations of the provincial government. 2.LEGISLATIVE BRANCH - Known as the Sangguniang Panlalawigan, this body is composed of elected members who create laws and policies for the province. The number of members in the Sangguniang Panlalawigan depends on the income class of the province THESE OUR THE MOST POPULOUS PROVINCES IN THE PHILIPPINES: 1. Cavite: 4.34 million people 2. Bulacan: 3.71 million people 3. Laguna: 3.38 million people 4. Rizal: 3.33 million people 5.Pangasinan: 3.16 million people THESE OUR THE POOREST PROVINCES IN THE PHILIPPINES: 1. Lanao Del Sur 2. Sulu 3.Sarangani 4.Northern Samar 5. Maguindanao 6. Bukidnon 7. Sultan Kudarat 8. Zamboanga Del Norte 9.Siquijor 10. Agusan del Norte THESE OUR THE RICHEST PROVINCES IN THE PHILIPPINES: 1.Cebu: With assets amounting to approximately P235.74 billion, Cebu remains the richest province. 2.Rizal: This province has assets totaling around P35.59 billion. 3.Batangas: Known for its industrial parks and agricultural sectors, Batangas has assets of about 32 billion 4.Davao de Oro: Formerly known as Compostela Vallev. it has assets worth P23.11 billion 5.Ilocos Sur: With assets of 21.56 billion. THESE OUR THE RICHEST PROVINCES IN THE PHILIPPINES: 6.Bukidnon: This province has assets totaling P21.06 billion 7.Iloilo: Known for its rich cultural heritage, Iloilo has assets of 19.98 billion 8.Negros Occidental: With assets amounting to P19.42 billion 9.Cavite: This province has assets of P19.34 billion 10.Pampanga: Known for its culinary heritage, Pampanga has assets totaling 19.13 billion. THANK YOU

Use Quizgecko on...
Browser
Browser