Republic of the Philippines
Congress of the Philippines
Metro ManilaThirteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six.
Republic Act No. 9355 October 2, 2006
AN ACT CREATING THE PROVINCE OF DINAGAT ISLANDS
ARTICLE I
GENERAL PROVISIONS
Section 1. Title. - This Act shall be known as the "Charter of the Province of Dinagat Islands."
Sec. 2. Province of Dinagat Islands. - There is hereby created a new province from the present Province of Surigao del Norte to be known as the Province of Dinagat Islands consisting of the municipalities of Basilisa, Cagdianao, Dinagat, Libjo (Albor), Loreto, San Jose and Tubajon with the following boundaries:
Bounded on the North, starting from the desolation point is Surigao Strait; on the East by the Philippine Sea; on the South. East by Dinagat sound; on the South by Gahoc Channel and Nonoc Island; on the South-West by Awasan Bay, Hanigad Island and Hikdop Island; and on the West by Surigao Strait.
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Republic Acts
AN ACT CREATING THE PROVINCE OF DINAGAT ISLANDS
Republic Act No. 9355
Summary of Republic Act No. 9355 - Charter of the Province of Dinagat Islands
Title and Creation of the Province
- This Act shall be known as the "Charter of the Province of Dinagat Islands." (Section 1)
- The Province of Dinagat Islands is created from the present Province of Surigao del Norte, consisting of the municipalities of Basilisa, Cagdianao, Dinagat, Libjo (Albor), Loreto, San Jose and Tubajon. (Section 2)
- The capital town and seat of government shall be the Municipality of San Jose. (Section 3)
Corporate Powers of the Province
- The province is a political body corporate with perpetual succession and powers of a provincial corporation. (Section 4)
- It has general powers to levy taxes, manage roads and properties, expropriate private property for public use, contract, sue and be sued, and exercise corporate powers granted by law. (Section 5)
- The province and its officials are not exempt from liability for death, injury or damage. (Section 6)
- The Province of Dinagat Islands shall constitute one separate legislative district. (Section 7)
Provincial Officials
- The province shall have a governor, vice governor, members of the sangguniang panlalawigan, and other officials specified in the Act. (Section 8)
- The governor shall reside and hold office in the provincial capital. (Section 9)
- The governor's powers and duties are enumerated, including supervision of programs, enforcement of laws, generation of resources, delivery of basic services, and exercise of other powers prescribed by law. (Section 10)
- The vice governor shall preside over the sangguniang panlalawigan, assume the office of governor in case of vacancy, and exercise other duties prescribed by law. (Section 11)
- The composition, powers and functions of the sangguniang panlalawigan as the legislative body are specified, including enacting ordinances, approving resolutions, appropriating funds, generating revenues, granting franchises, regulating activities, ensuring delivery of basic services, and exercising other powers granted by law. (Sections 12-13)
Process of Legislation
- The sangguniang panlalawigan shall adopt its own rules of procedure, including organization, order of business, legislative process, parliamentary procedures, and disciplinary measures. (Section 14)
- Sangguniang panlalawigan members shall disclose financial and business interests that may result in conflict of interest. (Section 15)
- Provisions for regular and special sessions, quorum requirements, and approval of ordinances are specified. (Sections 16-19)
- The governor's veto power over ordinances and the process for overriding the veto are outlined. (Section 19)
Succession for Elective Provincial Officials
- Procedures for filling permanent vacancies in the offices of governor, vice governor, and sangguniang panlalawigan members are provided. (Sections 20-21)
- Provisions for temporary vacancy in the office of the governor are specified. (Section 22)
Appointive Provincial Officials
- Qualifications, powers and duties of various appointive provincial officials are enumerated, including the secretary to the sangguniang panlalawigan, treasurer, assessor, accountant, budget officer, planning and development coordinator, engineer, health officer, civil registrar, administrator, legal officer, agriculturist, social welfare and development officer, environment and natural resources officer, veterinarian, general services officer, cooperatives officer, and optional positions like architect, population officer, and information officer. (Sections 23-42)
Provincial Services
- The Department of the Interior and Local Government shall establish at least five fire stations in the province within two months. (Section 43)
- The Department of the Interior and Local Government shall establish and maintain a provincial jail facility within two months. (Section 44)
- The Department of Education shall establish and maintain a separate school division in the province within two months. (Section 45)
- The Department of Justice shall establish and maintain a provincial prosecution service within two months. (Section 46)
- The Department of Public Works and Highways shall establish and maintain a separate provincial engineering district within two months. (Section 47)
Transitory and Final Provisions
- A plebiscite shall be conducted by the Commission on Elections within 30 days to approve the creation of the Province of Dinagat Islands. (Section 48)
- The province shall commence its corporate existence upon the election and qualification of the governor, vice governor and majority of the sangguniang panlalawigan members. (Section 49)
- The first set of elective officials shall be elected in the next local elections, and the President shall appoint interim officials. (Section 50)
- All provincial appointive positions shall be filled within 60 days after the commencement of corporate existence. (Section 51)
- No increase in local tax rates shall be imposed within five years from the acquisition of corporate existence. (Section 52)
- The obligations, funds, assets and properties of the present Province of Surigao del Norte shall be divided proportionately between the new provinces. (Section 53)
- The Local Government Code of 1991 and other applicable laws shall govern the Province of Dinagat Islands. (Section 54)
- A separability clause is included. (Section 55)
- The Act shall take effect 15 days after publication in newspapers. (Section 56)
Title and Creation of the Province
- This Act shall be known as the "Charter of the Province of Dinagat Islands." (Section 1)
- The Province of Dinagat Islands is created from the present Province of Surigao del Norte, consisting of the municipalities of Basilisa, Cagdianao, Dinagat, Libjo (Albor), Loreto, San Jose and Tubajon. (Section 2)
- The capital town and seat of government shall be the Municipality of San Jose. (Section 3)
Corporate Powers of the Province
- The province is a political body corporate with perpetual succession and powers of a provincial corporation. (Section 4)
- It has general powers to levy taxes, manage roads and properties, expropriate private property for public use, contract, sue and be sued, and exercise corporate powers granted by law. (Section 5)
- The province and its officials are not exempt from liability for death, injury or damage. (Section 6)
- The Province of Dinagat Islands shall constitute one separate legislative district. (Section 7)
Provincial Officials
- The province shall have a governor, vice governor, members of the sangguniang panlalawigan, and other officials specified in the Act. (Section 8)
- The governor shall reside and hold office in the provincial capital. (Section 9)
- The governor's powers and duties are enumerated, including supervision of programs, enforcement of laws, generation of resources, delivery of basic services, and exercise of other powers prescribed by law. (Section 10)
- The vice governor shall preside over the sangguniang panlalawigan, assume the office of governor in case of vacancy, and exercise other duties prescribed by law. (Section 11)
- The composition, powers and functions of the sangguniang panlalawigan as the legislative body are specified, including enacting ordinances, approving resolutions, appropriating funds, generating revenues, granting franchises, regulating activities, ensuring delivery of basic services, and exercising other powers granted by law. (Sections 12-13)
Process of Legislation
- The sangguniang panlalawigan shall adopt its own rules of procedure, including organization, order of business, legislative process, parliamentary procedures, and disciplinary measures. (Section 14)
- Sangguniang panlalawigan members shall disclose financial and business interests that may result in conflict of interest. (Section 15)
- Provisions for regular and special sessions, quorum requirements, and approval of ordinances are specified. (Sections 16-19)
- The governor's veto power over ordinances and the process for overriding the veto are outlined. (Section 19)
Succession for Elective Provincial Officials
- Procedures for filling permanent vacancies in the offices of governor, vice governor, and sangguniang panlalawigan members are provided. (Sections 20-21)
- Provisions for temporary vacancy in the office of the governor are specified. (Section 22)
Appointive Provincial Officials
- Qualifications, powers and duties of various appointive provincial officials are enumerated, including the secretary to the sangguniang panlalawigan, treasurer, assessor, accountant, budget officer, planning and development coordinator, engineer, health officer, civil registrar, administrator, legal officer, agriculturist, social welfare and development officer, environment and natural resources officer, veterinarian, general services officer, cooperatives officer, and optional positions like architect, population officer, and information officer. (Sections 23-42)
Provincial Services
- The Department of the Interior and Local Government shall establish at least five fire stations in the province within two months. (Section 43)
- The Department of the Interior and Local Government shall establish and maintain a provincial jail facility within two months. (Section 44)
- The Department of Education shall establish and maintain a separate school division in the province within two months. (Section 45)
- The Department of Justice shall establish and maintain a provincial prosecution service within two months. (Section 46)
- The Department of Public Works and Highways shall establish and maintain a separate provincial engineering district within two months. (Section 47)
Transitory and Final Provisions
- A plebiscite shall be conducted by the Commission on Elections within 30 days to approve the creation of the Province of Dinagat Islands. (Section 48)
- The province shall commence its corporate existence upon the election and qualification of the governor, vice governor and majority of the sangguniang panlalawigan members. (Section 49)
- The first set of elective officials shall be elected in the next local elections, and the President shall appoint interim officials. (Section 50)
- All provincial appointive positions shall be filled within 60 days after the commencement of corporate existence. (Section 51)
- No increase in local tax rates shall be imposed within five years from the acquisition of corporate existence. (Section 52)
- The obligations, funds, assets and properties of the present Province of Surigao del Norte shall be divided proportionately between the new provinces. (Section 53)
- The Local Government Code of 1991 and other applicable laws shall govern the Province of Dinagat Islands. (Section 54)
- A separability clause is included. (Section 55)
- The Act shall take effect 15 days after publication in newspapers. (Section 56)