AN ACT CREATING THE PROVINCE OF DAVAO OCCIDENTAL

Case Overview and Summary

Summary of Republic Act No. 10360 (Charter of the Province of Davao Occidental)

General Provisions
- Creates the Province of Davao Occidental from the present Province of Davao del Sur, consisting of the municipalities of Sta. Maria, Malita, Don Marcelino, Jose Abad Santos and Sarangani. (Section 2)
- The capital town and seat of government shall be the Municipality of Malita. (Section 3)
- Outlines the corporate powers of the province. (Section 4)
- The province shall have a common seal and general powers. (Section 5)
- The province and its officials shall not be exempt from liability for damages. (Section 6)
- The Province of Davao Occidental shall have its own legislative district. (Section 7)

Provincial Officials in General
- Lists the officials of the provincial government, including elective and appointive positions. (Section 8)
- Provincial officials shall hold office in the provincial capital, with exceptions. (Section 9)
- Outlines the compensation and allowances for provincial officials. (Section 9)

Elective Provincial Officials
- Outlines the powers and duties of the Provincial Governor, including supervision, enforcement of laws, resource generation, and delivery of basic services. The Provincial Governor shall receive a minimum monthly compensation corresponding to Salary Grade 30. (Section 10)
- Outlines the powers and duties of the Provincial Vice Governor, including presiding over the Sangguniang Panlalawigan. The Provincial Vice Governor shall receive a monthly compensation corresponding to Salary Grade 28. (Section 11)

The Sangguniang Panlalawigan
- Composition of the Sangguniang Panlalawigan, including regular members, sectoral representatives, and ex-officio members. Regular members and sectoral representatives shall receive a monthly compensation corresponding to Salary Grade 27. (Section 12)
- Powers, duties, and functions of the Sangguniang Panlalawigan, including enacting ordinances, approving resolutions, generating resources, granting franchises, and ensuring delivery of basic services. (Section 13)

Process of Legislation
- The Sangguniang Panlalawigan shall adopt its rules of procedure within 90 days after the election of its members. (Section 14)
- Sangguniang Panlalawigan members shall make a full disclosure of their financial and business interests. (Section 15)
- Provisions on sessions, quorum, approval of ordinances, and veto power of the Provincial Governor. (Sections 16-19)

Succession for Elective Provincial Officials
- Outlines the succession process for permanent vacancies in the offices of the Provincial Governor, Provincial Vice Governor, and Sangguniang Panlalawigan. (Sections 20-21)
- Provisions on temporary vacancy in the office of the Provincial Governor. (Section 22)

Appointive Provincial Officials: Their Qualifications, Powers and Duties
- Outlines the qualifications, powers, and duties of various appointive provincial officials, including the Secretary to the Sangguniang Panlalawigan, Provincial Treasurer, Provincial Assessor, Provincial Accountant, Provincial Budget Officer, Provincial Planning and Development Coordinator, Provincial Engineer, Provincial Health Officer, Provincial Administrator, Provincial Legal Officer, Provincial Agriculturist, Provincial Social Welfare and Development Officer, Provincial Environment and Natural Resources Officer, Provincial Veterinarian, Provincial General Services Officer, Provincial Cooperatives Officer, Provincial Architect, Provincial Population Officer, and Provincial Information Officer. (Sections 23-41)

The Provincial Fire Station, The Provincial Jail, The Provincial Schools Division and The Provincial Prosecution Service
- Establishment of at least 5 provincial fire stations, a provincial jail service, a separate schools division, and a provincial prosecution service within 2 months upon the commencement of the corporate existence of the new province. (Sections 42-45)

Transitory and Final Provisions
- A plebiscite shall be conducted by the COMELEC within 60 days from the effectivity of this Charter to create the Province of Davao Occidental. (Section 46)
- The Province of Davao Occidental shall commence corporate existence upon the election and qualification of the provincial officials. (Section 47)
- The first set of elective officials shall be elected in the next national and local elections following the effectivity of this Charter. (Section 48)
- All appointive positions shall be filled within 60 days upon commencement of corporate existence. (Section 49)
- No increase in the rates of local taxes shall be imposed within 5 years from the acquisition of corporate existence. (Section 50)
- Ownership of real properties and infrastructure projects shall belong to the province where it is situated. (Section 51)
- Applicability of the Local Government Code of 1991 and other laws. (Section 52)
- Separability clause. (Section 53)
- Effectivity clause. (Section 54)