Section 14September 7, 2007, Sec./Art. 14

Powers and Functions. - (a) The sangguniang panlalawigan, as the legislative body of the province, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the province and its inhabitants pursuant to Section 16 of the Local Government Code of 1991 and in the proper exercise of the corporate powers of the province as provided for under Section 22 of the Local Government Code of 1991, and shall:

(1) Approve all ordinances and pass resolutions necessary for an efficient and effective provincial government and, in this connection, shall:

(i) Review all ordinances approved by the sanggunians of component cities and municipalities and executive orders issued by the mayors of said component units to determine whether these are within the scope of the prescribed powers of the sanggunian and of the mayor;

(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one year, Or both, at the discretion of the court, for the violation of a provincial ordinance;

(iv) Adopt measures to protect the inhabitants of the province from the harmful effects of man-made or natural disasters or calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and in their return to productive livelihood following said events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitutions, the establishment and maintenance of houses of ill-repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the province;

(vi) Protect the environment. To this end, it may set aside at least ten percent (10%) of its development funds for the purpose of maintaining and enhancing the ecological balance of the province. It may also impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging, smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash -and -burn farming and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes, or of ecological balance;

(vii) Subject to the provisions of the Local Government Code of 1991 and pertinent laws, determine the powers and duties of officials and employees of the province;

(viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from provincial funds and provide for expenditures necessary for the proper conduct of programs, projects, services and activities of the provincial government;

(ix) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy, or grant honorarium to any qualified official or employee designated to fill in a temporary vacancy in a concurrent capacity, at the rate authorized by law;

(x) Provide mechanism and the appropriate funds therefor to ensure the safety and protection of all provincial government property, public documents or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits and such other records and documents of public interest in the offices and departments of the provincial government;

(xi) When the finances of the provincial government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers and other national government officials stationed or assigned to the province;

(xii) Provide legal assistance to provincial and municipal officials including the members of the provincial police who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal actions. The sangguniang panlalawigan may authorize the provincial governor to engage the services of private counsel for this purpose; and

(xiii) Provide for group insurance or additional insurance coverage for all officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the provincial government allow said coverage;

(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the province as provided for under Section 18 of the Local Government Code of 1991, with particular attention to agro-industrial development and countrywide growth and progress and, relative thereto, shall:

(i) Enact the annual and supplemental appropriations of the provincial government and appropriate funds for specific programs, projects, services and activities of the province or for other purposes not contrary to law, in order to promote the general welfare of the province and its inhabitants;

(ii) Subject to the provisions of Book II of the Local Government Code of 1991 and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes and granting tax exemptions, incentives or reliefs;

(iii) Subject to the provisions of Book II of the Local Government Code of 1991 and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan, authorize the provincial governor to negotiate and contract loans and other forms of indebtedness;

(iv) Subject to the provisions of Book II of the Local Government Code of 1991 and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan, enact ordinances authorizing the floating of bonds or other instruments of indebtedness for the purpose of raising funds to finance development projects;

(v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the province and, upon the majority vote of all the members of the sangguniang panlalawigan, authorize the provincial governor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations;

(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the province;

(vii) Review the comprehensive land-use plans and zoning ordinances of component cities and municipalities and adopt a comprehensive provincial land - use plan, subject to existing laws;

(viii) Reclassify lands within the jurisdiction of the province, subject to pertinent provisions of the Local Government Code of 1991;

(ix) Adopt measures to enhance the full implementation of the national agrarian reform program in coordination with the Department of Agrarian Reform;

(x) Enact integrated zoning ordinances in consonance with the approved comprehensive provincial land-use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code;

(xi) Subject to national law, process and approve subdivision plans for residential, commercial Or industrial purposes and other development purposes and collect processing fees and other charges, the proceeds of which shall accrue entirely to the province: Provided, however, That where approval of a national agency or office is required by law, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approved thereof;

(xii) Subject to the provisions of Book II of the Local Government Code of 1991, grant the exclusive privilege of constructing fish corrals or fish pens, or the taking or catching of bang us fry, prawn fry or kawag-kawag, or fry of any species of fish within the provincial waters;

(xiii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang panlalawigan, grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries, subject to the provisions of the Local Government Code of 1991;

(xiv) Grant loans or provide grants to other LGUs or to national, provincial and municipal charitable, benevolent or educational institutions operated and maintained within the province;

(xv) Regulate the numbering of residential, commercial and other buildings; and

(xvi) Regulate the inspection, weighing and measuring of articles of commerce;

(3) Subject to the provisions of the Local Government Code of 1991, grant franchises, approve the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the province and, pursuant to the legislative authority, shall:

(i) Fix and impose reasonable fees and charges for all services rendered by the provincial government to private persons or entities;

(ii) Regulate and fix license fees for any business or practice of profession within the province and the conditions under which the license for said business or practice of profession may be revoked and enact ordinances levying taxes thereon;

(iii) Provide for and set the terms and conditions under which public utilities owned by the province shall be operated by the provincial government, and prescribe the conditions under which the same may be leased to private persons or entities, preferably cooperatives;

(iv) Regulate the display of and fix the license fees for signs, signboards or billboards at the place or places where the profession or business advertised thereby is, in whole or in part, conducted;

(v) Any law to the contrary notwithstanding, authorize and license the establishment, operation and maintenance of cockpits, and regulate cockfighting and the commercial breeding of gamecocks: Provided, That existing rights are not prejudiced;

(vi) Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the province; and

(vii) Upon approval by a majority vote of all the members of the sangguniang panlalawigan, grant a franchise to any person, partnership, corporation or cooperatives to do business within the province; establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses; or undertake such other activities within the province as may be allowed by existing laws;

(4) Regulate activities relative to the use of land, buildings and structures within the province in order to promote the general welfare and, for said purpose, shall:

(i) Declare, prevent or abate nuisance;

(ii) With the concurrence of a majority of the members of the sangguniang panlalawigan, a quorum being present, deny the entry of legalized gambling by ordinance into any part of the province or regulate its location in the province;

(iii) Require that buildings and the premises thereof and any land within the province be kept and maintained in a sanitary condition, impose penalties for any violation thereof; or upon failure to comply with such requirements, have the work done at the expense of the owner, the administrator or the tenant concerned and require the filling up of any land or premises to a grade necessary for proper implementation;

(iv) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments;

(v) Regulate the establishment, operation and maintenance of cafes, bars, restaurants, beer, wine and liquor stores, hotels, motels, inns, pension houses, dorms and lodging houses and other similar establishments, including tourist guides and transportation services;

(vi) Regulate the sale, the giving away and the dispensing of any intoxicating malt, vino, mixed or fermented liquors at any provincial retail outlets;

(vii) Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings, structures and the storage of inflammable and highly combustible materials within the province;

(viii) Regulate the establishment, operation and maintenance of any entertainment or amusement facilities, including the theatrical and stage performances, circuses, billiard pools, public dancing halls, computer gaming cafes and bars, health and fitness spas, sauna baths, massage parlors and other places for entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community;

(ix) Regulate the establishment, operation and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations;

(x) Regulate the establishment, service, operation and maintenance of gyms, sports centers, health and fitness spas, similar centers and parlors, subject to existing laws, rules and regulations; and

(xi) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals;

(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for in Section 17 of the Local Government Code of 1991 and, in addition to said services and facilities, shall:

(i) Provide for the establishment, maintenance, protection and conservation of communal forests and watersheds, tree parks, greenbelts, mangroves and other similar forest development projects;

(ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the provincial government; and regulate the construction and operation of private markets, talipapas or other similar buildings and structures;

(iii) Authorize the establishment, maintenance and operation by the provincial government of ferries, wharves and other structures intended to accelerate productivity related to marine and seashore or offshore activities;

(iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products and other foodstuffs for public consumption;

(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places;

(vi) Regulate traffic on all streets and bridges; prohibit encroachments or obstac1es thereon and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal settlement structures and constructions in public lands and areas;

(vii) Subject to existing laws, establish and provide for the maintenance, repair and operation of an efficient waterworks system to supply water for the inhabitants and to purify the source of the water supply; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the province and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within one hundred meters (100 m.) of the reservoir, canal, conduit, aqueduct, pumping station or watershed used in connection with the water service; and regulate the consumption, use or wastage of water and fix and collect charges therefor;

(viii) Regulate the drilling and excavation of the ground for ground water source, laying of water, gas, sewer and other pipes, and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs and gutters; adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property; and regulate the construction and use of private water closets, privies and other similar structures in buildings and homes;

(ix) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric telegraph and telephone wires and cables, conduits, meters, support structures and other similar apparatus; and provide for the correction, condemnation and removal of the same when found to be dangerous to the welfare of the inhabitants;

(x) Subject to the availability of funds and to existing laws, rules and regulations, provide for the establishment and operation of vocational and technical schools and similar post-secondary institutions; and with the approval of the DepEd and subject to existing laws on tuition fees, fix reasonable tuition fees and other school charges in educational institutions supported by the provincial government;

(xi) Establish an education and training scholarship fund for the poor but deserving constituents in schools located within its jurisdiction or of students residing within the province;

(xii) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases within its territorial jurisdiction;

(xiii) Provide for the care of paupers, the aged, the sick, persons of unsound mind, abandoned minors, abused children, disabled persons, juvenile delinquents, drug dependents and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age; subject to the availability of funds, establish and support the operation of centers and facilities for said needy and disadvantaged persons and facilitate the efforts to promote the welfare of families below the poverty threshold, the disadvantaged and the exploited;

(xiv) Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management program and appropriate funds for the subsistence of detainees and convicted prisoners in the province;

(xv) Establish a provincial council whose purpose is the promotion of culture and the arts, coordinate with government agencies and nongovernmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and

(xvi) Establish a provincial council for the elderly and veterans which shall formulate policies and adopt measures mutually beneficial to the elderly and to the province; subject to the availability of funds, appropriate funds to support programs and projects for the elderly; and provide incentives for nongovernmental agencies and entities to support the programs and projects of the elderly; and

(6) Exercise such other powers and perform such other duties and functions as provided for under the Local Government Code of 1991, and as may be prescribed by law or ordinance.

ARTICLE V

PROCESS OF LEGISLATION