AN ACT CREATING THE PROVINCE OF QUEZON DEL SUR

Case Overview and Summary

Republic Act No. 9495 - An Act Creating the Province of Quezon del Sur

General Provisions:
- Creates a new province called Quezon del Sur from the existing Province of Quezon, which is renamed Quezon del Norte (Section 2)
- Defines the territorial jurisdiction and boundaries of Quezon del Sur (Section 2)
- Designates Gumaca as the capital town and seat of government for Quezon del Sur, and Lucena City for Quezon del Norte (Section 3)
- Outlines the corporate powers of the province (Section 4)
- Defines the general powers of the province (Section 5)
- Establishes two legislative districts for Quezon del Sur (Section 7)

Provincial Officials:
- Lists the elective and appointive officials of the provincial government (Section 9)
- Outlines the qualifications, powers, and duties of the Provincial Governor (Section 11)
- Outlines the powers and duties of the Provincial Vice Governor, including receiving a monthly compensation corresponding to Salary Grade 28 (Section 12)
- Provides for the composition, powers, and functions of the Sangguniang Panlalawigan (Provincial Council) (Sections 13-14)
- Outlines the process of legislation, including internal rules, disclosure of interests, sessions, quorum, approval of ordinances, and veto power (Sections 15-20)

Disqualification and Succession:
- Lists the disqualifications for elective provincial officials (Section 21)
- Outlines the rules for permanent vacancy in the offices of Governor and Vice Governor, and succession (Section 22)
- Provides for filling permanent vacancies in the Sangguniang Panlalawigan (Section 23)
- Outlines the rules for temporary vacancy in the Office of the Provincial Governor (Section 24)

Appointive Officials and Their Duties:
- Outlines the qualifications, powers, and duties of various appointive officials, including:
    - Secretary to the Sangguniang Panlalawigan (Section 25)
    - Provincial Treasurer (Section 26)
    - Provincial Assessor (Section 27)
    - Provincial Accountant (Section 28)
    - Provincial Engineer (Section 29)
    - Provincial Budget Officer (Section 30)
    - Provincial Planning and Development Coordinator (Section 31)
    - Provincial Legal Officer (Section 32)
    - Provincial Administrator (Section 33)
    - Provincial Health Officer (Section 34)
    - Provincial Civil Registrar (Section 35)
    - Provincial Social Welfare and Development Officer (Section 36)
    - Provincial General Services Officer (Section 37)
    - Provincial Agriculturist (Section 38)
    - Provincial Veterinarian (Section 39)
    - Provincial Environment and Natural Resources Officer (Section 40)
    - Provincial Cooperatives Officer (Section 41)
    - Provincial Architect (Section 42)
    - Provincial Population Officer (Section 43)
    - Provincial Information Officer (Section 44)

Provincial Services:
- Mandates the establishment of a provincial fire station service with at least five fire stations, headed by a Provincial Fire Marshal (Section 45)
- Mandates the establishment of a provincial jail service with a secured facility, headed by a Provincial Jail Warden (Section 46)
- Mandates the establishment of a separate provincial schools division by the Department of Education (DepEd), headed by a Division Superintendent (Section 47)
- Mandates the establishment of a provincial prosecution service by the Department of Justice (DOJ), headed by a Provincial Prosecutor (Section 48)

Transitory and Final Provisions:
- Requires a plebiscite to be conducted by the Commission on Elections (COMELEC) within 60 days or during the next national elections to approve the creation of Quezon del Sur (Section 49)
- Creates an ad hoc committee to formulate rules for implementation and manage the transition (Section 50)
- Outlines the commencement of corporate existence of Quezon del Sur upon the election and qualification of officials (Section 51)
- Provides for the election of the first set of elective officials and the appointment of interim officials by the President (Section 52)
- Mandates the filling of appointive positions within 60 days after commencement of corporate existence (Section 53)
- Suspends increase in rates of local taxes for five years after creation of the new province (Section 54)
- Provides for the equitable division of obligations, funds, assets, and properties between Quezon del Sur and Quezon del Norte (Section 55)
- States the applicability of the Local Government Code of 1991 and other laws to the new provinces (Section 56)
- Includes a separability clause (Section 57)
- Specifies the effectivity date of the Act (Section 58)